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HomeMy WebLinkAboutNotes, Meeting PLANNER 10/2/2007 ~~ MEMORANDUM ~ Date Received Dlanner M~A lok! t! ' \,ITY" OF SPRINGFIELD DATE OF HEARING October 2, 2007 Date Received Planner MM TRANSMITTAL MEMORANDUM FROM: Springfield Planning Commission Mark Metzger, Planner~~ TO. SUBJECT Draft Downtown Urban Renewal Plan and Report ISSUE ORS 457 085(4) states, "An urban renewal plan and accompanYing report shall be forwarded to the planning commission of the muniCipality for recommendations, prior to presenting the plan to the governing body of the muniCipality for approval under ORS 457 095 " The statute does not prOVide speCific cntena for the Commission to use In evaluating the Draft Downtown Urban Renewal Plan (Plan) or the Draft Downtown Urban Renewal Report (Report) ORS 457 095 does list certain findings and detemunatlons that must be Included In the adopting ordinance that Will be acted upon by the City Council The attached staff report focuses on the elements listed In ORS 457 095 DISCUSSION The Plan and Report were presented to the Council In work session and released to the public on September 17th Copies of these documents were dlstnbuted to you at your meeting on September 18 Minor corrections have been made to the Plan and the Report over the past week Additional Information was received from Charles Kupper, the consultant working With the City to run calculations related to the feaSibility of the Plan This new information has been added to the Report These additions are found pnmanly on pages 21 through 27 of the Report As mentioned In the cover memo last week, the Plan outlines a vIsion for how urban renewal funds might be used to address blight downtown The Report evaluates the finanCial feaSibility of the Plan by companng anticipated project costs and revenues that would accrue to the dlstnct from Increased property values and new development over the duration of the Plan The Report and Plan contain Information that IS Intended to support determinations and findings reqUired under ORS 457 095 Please keep In mind that both the Plan and the Report are largely planning exercises They are based on assumptions about what projects might help remove blight downtown and about future growth that might occur as a result of these projects or other Influences RECOMMENDATION Staff has reViewed the Plan and Report and believes these documents propose goals and projects that could help remove blight from the downtown and that they are finanCially feaSible They prOVide suffiCient documentation for determinations and findings to be made consistent With the requirements found In ORS 457 Staff recommends that the Planning CommiSSion forward a recommendation to the City Council that the Council approve the Plan and Report ACTION REQUESTED Conduct a public heanng to receive comments on the Draft Downtown Urban Renewal Plan and Report and make a recommendation to the City Council concerning their adoption ATTACHMENTS Attachment 1 Updated Draft Downtown Urban Renewal Plan Attachment 2 Updated Draft Downtown Urban Renewal Plan Report Attachment 3 Staff Report Attachment 4 ORS 457 Attachment 5 Planning Commission Order I ' ceived' .hft /t. 7 ner: MM W wn Urban ~ Renewal Plan :~. ,...A . ~ ~ - . . REN . -I I . , , I '. .... '; t ,llf , '. ' -;. ""I..~ September 15, 2007 DRAFT t ',. '1 ' i ,. 'I' Date ReceiVed;~j,7 Planner. MM ' Downtown Urban Renewal Plan Table of Contents 100. The Downtown Urban Renewal Plan 3 200. Citizen Participation 4 300. Relationship to Local Objectives 6 400. Proposed Land Uses 11 500. Outline of Development 13 600. Description of Projects to be Undertaken 14 700. Property Acquisition Procedures 19 800. Property Disposition and Redevelopers' Obligations 20 900. Amendments to the Urban Renewal Plan 21 1000. Maximum Indebtedness 22 1100. Financing Methods 23 1200. Relocation 23 1300. Definitions 24 Exhibit I -Boundary Map and Legal Description 26 Exhibit 2 -Zoning Map and Plan Diagram 28 Appendix 1 30 Appendix 2 34 Downtown Urban Renewal Plan September 15, 2007 2 Date Received: J_ L 1,,) Planner: MM ~ 100. THE DOWNTOWN URBAN RENEWAL PLAN A. General The primary goal of this Downtown Urban Renewal Plan is to assist in the revitalization of business and elimination of blight in the downtown area. Urban renewal is ideal for the encouragement of the type of high quality, commercial, industrial, residential and mixed use development that is vital to the economic growth of the City of Springfield. This cannot readily be done without public involvement due to multiple ownerships; high land prices; and a mix of uses that are not conducive to development. The Downtown Urban Renewal Plan includes projects, activities, and actions that treat the causes of the blight and deterioration in the Downtown Urban Renewal Area, The Springfield Economic Development Agency (SEDA), will act as the Urban Renewal Agency to administer the Downtown Urban Renewal Plan. SEDA is comprised of individuals serving as mayor and members of the Springfield City Council, along with two representatives from the Lane County Board of County Commissioners, SEDA currently administers the Glenwood Urban Renewal Plan. The Downtown Urban Renewal Plan consists of Part One - Text and Part Two - Exhibits, This Plan has been prepared pursuant to Oregon Revised Statutes (ORS) Chapter 457, the Oregon Constitution, and all applicable laws and ordinances of the State of Oregon and the City of Springfield respectively. All such applicable laws and ordinances are made part of this Plan, whether expressly referred to in the text or not. The Downtown Urban Renewal Area is a single geographic area with a single continuous boundary within which a variety of activities and projects are contemplated in order to eliminate blight and the causes of blight. The Plan's activities and projects are intended to create an environment conducive to private sector and development of uses compatible with the purposes of this Plan. The Downtown Urban Renewal Plan was approved by the City Council of the City of Springfield on _, 2007 by Ordinance No, and adopted by the Springfield Economic Development Agency Board on .2007, R The Renewal Plan Area Boundary The boundary of the renewal area is shown in (Map) Exhibit I - Page I, attached to this plan. A legal description of the project boundary is shown in Exhibit I - Page 2, attached to this Plan. Downtown Urban Renewal Plan September IS, 2007 3 Date Received: Planner: MM Icic. /'r) I / 200. CITIZEN PARTICIPATION This Urban Renewal Plan was developed under the guidance of the Springfield City Council. In June 2007, the Committee for Citizen Involvement approved a participation plan that included public drop-in meetings, direct mail communications, media articles and other methods of engaging the general public and citizens within the renewal district. Staff conducted two broadly advertised public meetings, inviting the general public to discuss urban renewal concepts, and the elements of the draft renewal plan, All meetings were open to the public for discussion and comment. Press releases and news stories about the public meetings and plan development contributed to public awareness and public involvement. In formulating the plan, City and SEDA staff drew from the findings and recommendations of three recent public planning efforts: the Springfield Station Specific Area Plan (2002); the AlA Downtown Charrette 2006; and the updated Downtown Refinement Plan (2005), These planning activities themselves included a high level of public participation in the assessment of downtown needs and in the formulation of recommended solutions, rublic participation was a key element in preparini{ the Downtown Urban Renewal Plan, Staff presented briefings to the Springfield Chamber of Commerce, Springfield Rotary and other community, business, and service organizations. Staff also responded to numerous individual public inquiries about the proposed plan and district boundaries that were spurred by media articles and advertisements about the public meetings, Downtown Urban Renewal Plan September 15, 2007 4 Date Received: /8/Z/67 Planner: MM --r-7 Early in the fonnation of the Plan, the governing bodies for the Springfield School District 19, the Springfield Utility Board and the Willamalane Park and Recreation District were briefed on the proposed Downtown Urban Renewal District The elected officials comprising these entities were encouraged to give their comments and suggested project ideas, Willamalane submitted conceptual projects that were added to the draft project list for the urban renewal district Formal review of the Downtown Urban Renewal Plan was conducted by the Springfield Planning Commission in advance of hearings by the City Council. A public hearing on the Plan was held by the Springfield Planning Commission on _' 2007, The Planning Commission voted, XX yes's and XX no's, to recommend that the Springfield City Council approve the Downtown Urban Renewal Plan at the conclusion of that hearing. ; ::::=.. . ::::'I:'2r.~ I ':.N: '.. J:; 'Iq · r~ ~ ; 11/1 f 11_ :' .. I :11. t jr~~:. .~: r .'.,I~' 1 1-: illl I h' .\' . J1tl14\!\ l . ..It' \ ! \ As required by ORS.457.120, notice was provided announcing an opportunity for the public to provide comments on the draft Downtown Urban Renewal District Plan at a public hearing at the Springfield City Hall on .2007 at 7:00 p,m, The Springfield City Council held the public hearing, received testimony about the draft Plan from the general public along with comments from affected taxing districts. Later, on , 2007 after considering the public testimony about the draft Plan and specifically considering the comments from affected districts, the City Council adoptcd the draft Plan by non- emergency ordinance. Downtown Urban Renewal Plan September 15, 2007 r .. I .... ""\ ~ . 5 Date Received; I ~/~/ 51 Planner; MM I 300. RELATIONSHIP TO LOCAL PLANS AND OBJECTIVES The purpose of this Urban Renewal Plan is to eliminate blighting influences found in the urban renewal area, to further goals and objectives outlined in the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), and the Downtown Refinement Plan and to implement development strategies and objectives for the Downtown Urban Renewal Area, The Springfield Station Specific Area Plan (2005), AlA Downtown Charrette (2006) and Springfield Tomorrow planning efforts also contributed to the assessment of downtown needs and to a statement of goals, objectives and activities for revitalizing the downtown. The Urban Renewal Plan is consistent with Metro Plan and the Downtown Refinement Plan and implements the goals and objectives outlined below. Restoring and enhancing the historic Millrace would create an allractive amenity for downtown 301. DOWNTOWN URBAN RENEWAL GOALS The eight goals of the Downtown Urban Renewal Plan are not newly discovered or unique to Springfield, They are derived from previous planning efforts and adopted planning policy documents including the Downtown Refinement Plan, and the Metro Plan with its associated functional plans. As broad categories of intent, the Downtown Urban Renewal Goals are listed below: A, Promote Public and Private Improvement B. Rehabilitate Building Stock C. Improve Streets, Streetscapes, Parks and Open Spaces D. Make Utility Improvements E. Construct or Rehabilitate Parking Facilities F. Construct or Rehabilitate Public Facilities Downtown Urban Renewal Plan September 15, 2007 6 Date RecejVed:~ Planner: MM G. Improve and Expand Housing Opportunities H. Improve Public Signage and Make Gateway Improvements to the Downtown Each of these goals is further defined in Appendix I of this document. Achieving these goals is the objective of the combined projects listed in Section 600. The eight goals embody the spirit, optimism and commitment of downtown property owners, businesses, community organizations, and the general public. They establish a positive vision for downtown Springfield. These goals are deliberately achievable and intended to recognize the value of enduring public-private partnerships. They are also intended to encompass the goals and reflect the vision of the Downtown Refinement Plan. AI/ractwe redevelopment that provides off-street parking would benefit down/own This cross-section diagram shows mixed-use development with parking located in an off-street court with alley access. The Downtown Refinement Plan's goals are listed below: Create a Pedestrian and Transit Friendly Downtown. Develop a setting that is conducive to walking, bicycling and transit while providing accessibility to regional automobile and freight networks. Provide safe and walkable streets. Preserve tile Past. Enhance the downtown's future character by preserving the best of its past. Promote appropriate in-fill construction and historic preservation of the existing buildings. Downtown Urban Renewal Plan September 15, 2007 7 Date Received:~!:I-~-? Planner: MM Reconnecting downtown to the IVil/amelle River is an important goal for downtown redevelopment Reconnect to Key Natural Resource Features. Connect the downtown with the Millrace and Island Park, and provide vppv,;.mities for appovp,;ate downtown uses adjacent to these areas, Alive After Five, Encourage evening activity in the downtown with dining, cultural and "..;",~inment opportunities for all ages. Increase housing development in the downtown to generate the 18 to 24-hour city. Revitalize the Downtown with New Uses, Create new uppu, ;unities for office, commercial, residential, civic, and mixed uses. Encourage high-density uses that are transit-oriented and located within a short walk from Springfield Station. Ensure Adequate Parking. Provide parking that supports a vital downtown. Create Civic Gathering Places. Create great public spaces, both large and small. Consider creation of a town square. Identify Catalyst Projects. Identify projects that will spur growth in the downtown, including improvements that can be successfully accomplished in the short term, Downtown Urban Renewal Plan September 15, 2007 8 Date ReceiVed:#:! Planner: MM Create Downtown Partnerships. Collaborate with Lane Transit District, the Springfield Renaissance Development Corporation, and other groups to coordinate efforts and build community support, Establish a Positive Identity for the Downtown, Work with downtown business interests and the Springfield community to foster a positive identity and sense of pride for the downtown. Develop the Downtown as the Gateway to Sprillgfield, Work to achieve a visual impression in the Downtown that reflects well on the rest of the City. -- ~ ^ 'i ... .-< Public parking areas can be redeveloped as multi-use plazas which could serve as public gathering areas for special events. 302. CONSISTENCY WITH LOCAL AND REGIONAL PLANNING OBJECTIVES AND POLICIES ORS 457,085 requires that an Urban Renewal Plan relate to definite local objectives. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is currently the City's comprehensive land use plan. It was adopted locally and acknowledged by the Land Conservation and Development Commission (LCDC) in 1982 and amended in 1987. The Metro Plan is Springfield's comprehensive plan and controlling land use document The Metro Plan considers a wide range of goals and policies relating to land uses, traffic, transportation, public utilities, recreation and community facilities, economic development, housing and environmental protection. The Downtown Urban Renewal Plan advances many of those goals, Downtown Urban Renewal Plan September 15, 2007 9 Date Received: I P /z,. / vi Planner: MM ~ As used in this document, the term "Metro Plan" refers not only to the Eugene- Springfield Metropolitan Area General Plan as a document in itself, but also those adopted neighborhood and special purpose/functional refinement plans which implement and are subservient to the Metropolitan Area General Plan itself. Periodic review of the Metro Plan was completed locally and 'approved in accordance with the post- acknowledgment procedures of ORS 197 in 2006. Other portions of the Metro Plan which affect the Urban Renewal Plan, such as the Downtown Refinement Plan (regulating land use in the entire area included in the Downtown Urban Renewal Plan), Willamalane Parks and Recreation Comprehensive Plan, and the TransPlan (special purpose/functional refinement plans of the Metro Plan) were adopted by the City Council, and approved in accordance with state post-acknowledgment procedures. The projects in the urban renewal plan also advance goals and objectives set forth in other adopted plan documents. These findings are outlined in Appendix 2. Projects listed in the Downtown Urban Renewal Plan project list are supported by policies from the Metro Plan, the Downtown Refinement Plan, Trans Plan, and the Willamalane Comprehensive Plan. - ........;"....=-- -;-.-.=.,..:.;.- ----~~ . ( ,~." ... :., ~.~ ~~ <~.~ L jf/ Redevelopmen/ of/he Main Streel/Sou/h A Slree/ Corridor is the focus of the Downtown Urban Renewal Plan !- 1 ~ 1 Downtown Urban Renewal Plan September 15, 2007 10 Date ReceiVed:4,f,7 Planner: MM ' 400. PROPOSED LAND USES The projects and uses proposed by the Downtown Urban Renewal Plan conform to the land use designations and zoning within the renewal area and are consistent with the Metro Plan Diagram, Downtown Refmement Plan, and Springfield Zoning Map, Exhibit 2 includes the Metro Plan Diagram, Downtown Refinement Plan Diagram, and the Zoning Map for the urban renewal area. The Downtown Urban Renewal Plan includes about 417 acres of residential, commercial, industrial and publicly zoned lands. About 268 acres of residential, commercial and industrial lands are "non-exempt" properties that will contribute tax increment revenues to the renewal district Table I presents the distribution in acres and percentage for these uses, Table 1. Downtown Urban Renewal District Uses by Acreage and Percent Total Acres Non- Exempt Acres" Residential" Low Density Residential Medium Density Res. High Density Residential Mixed-Use Residential Commercial" Community Commercial Mixed.Use Commercial Industrial" Heavy Industrial Light-Medium Ind, Booth Kelly MU Downtown Urban Renewal District 128 acres! 28% · Public and tax-exempl lands such as parks, public buildings, churches and fraternal organizations are excluded from these figures, 417 268 49 acres/12% 91 acres! 23 % Table 2 briefly describes the land uses allowed within the zoning districts represented wiIhin Ihe Downtown Urban Renewal Area, Table 2. Downtown Plan and Zoning Designation and Description of Uses Land Use Designations Low Density Residential Description of Uses Medium Density Residential This designation includes single-family residenlial wilh duplexes and some auxiliary uses allowed (fosler care, day care, etc.), Development density is limited to 10 dwelling units per acre, This designation includes apartment complexes, condominiums and other multi-family housing types. The prescribed development density is between 10 and 20 dwelling units per acre. This designation includes apartments and condominiums and oIher multi- family types, often reaching more than 3 stories in height The prescribed density is between 20 and 40 units per acre, High Density Residential Down/own Urban Renewal Plan September /5, 2007 11 Mixed-Use Residential Community Commercial Mixed-Use Commercial Nodal Development Overlay (applied 10 Mixed-Use Residential and Commercial) Light-Medium Induslrial Heavy Industrial Booth Kelly Mixed-Use Date ReceiVed:~' Planner: MM Mixed-use Residential allows a compatible mix of multi-family housing types with small scale commercial uses, No more Ihan about 20% of the development can be commercial. Residential uses dominate. This category includes more commercial activities than neighborhood commercial but less than large malls and retail centers, Such areas usually develop around a small department store and supennarket The development occupies at least five acres and nonnally not more than 40 acres. This category contains such general activities as relail stores; personal services; financial, insurance, and real estate offices; private recreational facilities, such as movie theaters; and lourisl-relaled facililies, such as motels, Mixed-Use Commercial allows for a compatible mix of commercial and mul1i-family residential uses with commercial uses dominating on the ground level. Mixed-use commercial developments often fealure ground-level commercial uses with apartmenls or olher residential uses upstairs, Special design standards are inlended to make development attractive and pedestrian- friendly. The downtown core area is designated for nodal development by the Melro Plan, The Nodal Development Overlay applies to the area downtown zoned Mixed-Use Commercial and Mixed-Use Residential. Mixed-use implements the nodal development designation described in the Metro Plan. Nodal development is a mixed-use pedestrian-friendly land use pattern that seeks to increase concentrations of population and employment in well-defined areas wilh good transit service, a mix of diverse and compatible land uses, and public and private improvements designed to be pedestrian and transil oriented, This designation accommodates a variety of industries, including those involved in the secondary processing of malerials into components, the assembly of components into finished products, transportation, communication and utilities, wholesaling, and warehousing, The external impact from these uses is generally less Ihan Heavy Industrial. This designation may also accommodate supporting offices and commercial activities, This designation generally accommodates industries that process large volumes of raw materials into refined products and/or that have significant external impacts, Examples of heavy industry include: lumber and wood products manufacluring; paper, chemicals and primary metal manufacturing; large-scale storage of hazardous malerials; power plants; and railroad yards, Such industries often are energy-intensive, and resource-intensive, This designation is unique to the fonner Booth Kelly Mill site, south of the inlersection of South A and 5th Streets and provides for a mixed-use employmenl center that compliments the downtown area, A variety of commercial. Industrial, residential and recrealional uses are allowed within the area, A conceptual development plan and sile plan review is required to ensure that land use conflicts are minimized and that the full potential of the site is maximized, Downtown Urban Renewal Plan September 15, 2007 12 Date Received: JoJt, J 01 Planner: MM ~ 500. OUTLINE OF DEVELOPMENT Projects designed to eliminate blight and deterioration in the urban renewal area are a key component of the Downtown Urban Renewal Plan. Blighting conditions found in the downtown area constrain future development called for in the Downtown Refinement Plan and other City planning documents. The Plan's projects and activities include: I. Improvements to streets, curbs, and sidewalks to encourage new development in the project area, and to address pedestrian and vehicular safety problems; 2. Improvements to water, storm and sanitary sewer infrastructure to encourage new development in the project area; 3. Improvements to the visual appearance of the renewal area and provide a safer, more attractive pedestrian environment, including streetscape and landscape improvements, and development of public parks and open spaces; 4. Improvements to existing public parking facilities and construction of new public facilities as needed to meet current and futurc needs; 5. Financial assistance to rehabilitate and renovate blighted properties in the renewal area; 6 Financial assistance to encourage new construction that would contribute to economic and social revitalization within the renewal area; 7. Acquisition and disposal ofland for public improvements, rights-of-way, utility improvements, and private development; and 8. Administration and support of the Renewal Agency and the Downtown Urban Renewal Plan, Section 600 provides further description of urban renewal projects to be undertaken within the Downtown Urban Renewal Area. Downtown Urban Renl!Wal Plan September 15, 2007 13 Date Received: If) /2-/0 I Planner: MM '-'tf' 600. DESCRIPTION OF PROJECTS TO BE UNDERTAKEN In order to achieve the objectives of this Plan, the following activities will be undertaken on behalf of the City by the Springfield Economic Development Agency (SEDA) the City's Urban Renewal Agency in accordance with applicable federal, state, county, and city laws, policies, and procedures, SEDA may fund these activities in full, or in part, or seek other sources of funding for them, The intent in describing these projects and activities includes establishing, through this Plan, the general and specific authority to undertake these projects and activities within the urban renewal area, These projects and activities may be modified, or expanded upon as needed to meet renewal plan objectives, Changes will be undertaken in accordance with procedures for amendments to this Plan. A. PUBLIC IMPROVEMENTS Public improvements include the construction, repair, or replacement of sidewalks, streets, parking, parks and open spaces, pedestrian amenities, water, sanitary sewer and storm sewer facilities, wetlands and riverside/riparian improvements, and other public facilities necessary to carry out the goals and objectives of this Plan. -- 2. Infrastructure and Utilities Improvements. 1. Street Construction and Circulation Improvements. These provide the construction of improvements throughout the urban renewal area and include, but are not limited to, landscaping, construction, reconstruction, repair or replacement of streets, sidewalks, bike and pedestrian amenities, public transit facilities, and acquisition ofland, right of ways, easements and other land rights. Identified projects include but are not limited to: . South A and Main Street couplet redesign; . North A "Civic Street" curb and streetscape improvements; and . Pedestrian amenity improvements on A Street from 8th to Mill Street. These activities allow SEDA to construct and improve infrastructure and utilities throughout the Downtown Urban Renewal District These projects include, but are not limited to, construction, reconstruction, repair, upgrading, and over sizing or replacement Downtown Urban Renewal Plan September 15, 2007 14 Date Received: /b / t- I-w Planner: MM ~ of electric, water, sanitary sewer and storm drainage facilities, relocation of overhead line to underground locations, and acquisition of land, right of ways, easements and other land rights, SEDA shall, as deemed appropriate, assist the utility providers in building new links and repairing and upgrading selected portions of these utility service systems to enhance vt't'v. ~.mities or secure development. Identified projects including, but not limited to: . Undergrounding of overhead utilities from Mill to 10lh Street and between So. A and B Street; and Stormwater system upgrades to provide adequate capacity for a fully developed renewal area, . 3. Public Facilities Improvements. * These activities include construction and improvement of public facilities throughout the Downtown Urban Renewal District including, but not limited to: . Relocation of a Downtown fire station; . Construction of a Springfield Library building; . Downtown parking construction and upgrades; . Downtown public art showcases; . Willamalane Adult Activity Center improvements; . Springfield Museum improvements; . School District facility upgrades; and . Millrace improvements, restoration; and supporting land acquisition Public improvements such as those listed above are important supports to the function of a healthy downtown, Parks, the Springfield Museum, the Willamalane Adult Activity Center, and the Millrace improvement projects are positive attractors to the downtown area and provide services and amenities to downtown employees. Downtown art such as the murals that currently grace the walls of downtown buildings create an interesting and attractive environment that replaces the graffiti and deteriorating building exteriors that are typical of blighted areas, Visitors to these sites add to the downtown economy as many shop and eat in the downtown as well. Convenient, safe, visible parking facilities are necessary supports for any downtown business center. · Urban renewal funds will contribute to the projects listed above. It is not assumed that these projects will be entirely funded with urban renewal funds. 4. Parks, Recreation, Pedestrian and Bike Corridors, and Other Public Amenity Improvements, These activities will include, but are not limited to, pedestrian, bicycle and transit connections linking the renewal area with adjacent areas in and around Downtown. Improvements to these connections may include, but are not limited to, street lighting, trash receptacles, benches, historical markers, street trees and landscaping, and signage. Downtown Urban Renewal Plan September /5, 2007 15 r-w- - , . ,-' ,; / Actual projects may include, but are not limited to: . Downtown Millrace Access, Restoration, and Improvements . Downtown Parks Development and Improvements SEDA may participate in funding the design, acquisition, construction or rehabilitation of existing or new park sites or other appropriate public spaces, or parks or public facilities within the urban renewal area, including improvements listed in the Willamalane Parks and Recreation Comprehensive Plan, These park and pedestrian-friendly improvements include suitable signage, markers, art and related improvements to signify the major assets in the renewal area and the entrances to the City. These projects will improve the visual appearance of the renewal area by adding public amenities downtown. 5. Public Safety Improvements. To achieve the objectives of this Plan, and to target public investments in a manner which benefits the renewal area and Springfield residents, the SEDA is authorized to improve, acquire or construct safety-related, health, and public-service-related facilities within the urban renewal area. Downtown Urban Renewal Plan September /5, 2007 16 Date ReceiVed:~7 Planner: MM B. PRESERVATION, REHABILlATION, DEVELOPMENT AND St Vincent DePaul mixed-use residential development caters to a wide variety of community members offering ground noor commercial and office space as well as low income living units above. REDEVELOPMENT 1. Redevelopment through New Construction, It is the intent of this Plan to stimulate new investment by public, private, non-profit, or community-based organizations by facilitating redevelopment ofunderutilized property, and in particular, to assure that new investments serve to benefit the existing residents and businesses in the area. Redevelopment through new construction may be achieved in two ways: Down/own Urban Renewal Plan September 15, 2007 17 1 ~ 1 Date Received: !~!V/~ 7 Planner: MM (a) By public or private property owners, with or without financial assistance by the Agency; (b) By acquisition of property by the Agency for redevelopment or resale to others for redevelopment. 2. Redevelopment and Rehabilitation Financing. As it may deem appropriate in order to achieve the objectives of this Plan, SEDA may set guidelines, establish loan programs and provide below-market interest rate and market rate loans and provide such other forms of financial assistance to property owners and those desiring to redevelop, rehabilitate, and acquire property. These grant and loan programs will be consistent with the provisions set forth in Section 800 of this Plan, Any grant and loan programs developed for owner-occupied residential structures will be limited to assistance for primarily low- and moderate income households in correcting health and safety problems and substandard housing. 3. Preservation, Rehabilitation, and Conservation. Projects and activities in this category will enable SEDA to advance renewal and comprehensive plan goals for (i) improving Springfield's economy, and (ii) improving the appearance and vitality of the Downtown area. As allowed by state and federal law, SEDA may participate, through loans, grants, or both, in assisting development of new public and private buildings and facilities in the renewal area by establishing grant and loan programs. These programs might include, for example, grants and loans for private building fa~ade improvements and for eliminating substandard structural conditions and interior remodeling. SEDA may make this assistance available as it deems necessary to achieve the objectives of this Plan. C. PROPERTY ACQUISITION AND DISPOSITION In order to carry out the objectives of this Plan, SEDA is authorized to acquire land or buildings for public and private development/redevelopment purposes. The procedures for acquiring and disposing of property are described in Sections 700 and 800 of this Plan, D. PLAN TECHNICAL STUDIES AND ADMINISTRATION Administration of the Downtown Urban Renewal Plan and implementation of its projects and activities will be done in an effective, efficient and financially responsible manner. SEDA funds may be utilized to pay indebtedness associated with preparation of the urban renewal plan, to carry out design plans, miscellaneous land use and public facility studies, engineering, market analyses and programs, and other tech11ical studies as may be needed to fulfill the Plan's goals. SEDA funds may be utilized to pay for marketing materials and programs to assist in carrying out the objectives of the redevelopment plan. Downtown Urban Renewal Plan September 15. 2007 18 Date Received: Planner: MM /o/-t/~7 I r 700. PROPERTY ACQUISITION PROCEDURES Acquisition of real property may be necessary to advance the goals of this Plan, Property for public or private preservation, rehabilitation, development, or redevelopment may be acquired by gift, eminent domain or any other lawful method when acquisition is needed for development or redevelopment. SEDA is authorized to acquire property within the urban renewal area, if necessary by any legal means to achieve the objectives of this Plan. Property acquisition, including limited interest acquisition, is hereby made a part of this Plan and may be used to achieve the objectives of this Plan, All acquisition of property by SEDA must comply with Section 900 of this Plan, A. ACQUISITION REQUIRING CITY COUNCIL RATIFICATION. City Council ratification is required for SEDA acquisitions for the following purposes: l. Assembling land for development by the public or private sector. Such acquisition shall be undertaken only following completion of an amendment to this Plan as set forth in Section 900,C of this Plan. The City Council shall ratify the amendment to this Plan by resolution. 2. Where conditions exist that may affect the health, safety and welfare of the Area and it is determined that acquisition of such properties and demolition of the improvements thereon are necessary to remove substandard and blighting conditions, acquisition shall be undertaken only following completion of an amendment to this Plan as set forth in Section 900.C of this Plan, The City Council shall ratify the amendment to this Plan by resolution. 3. Acquisition for any purpose that requires the use of the Agency's powers of eminent domain. Such acquisition shall be undertaken only following completion of an amendment to this Plan as set forth in Section 900.C of this Plan, The City Council shall ratifY the amendment to this Plan by resolution. B. ACQUISITION NOT REQUIRING CITY COUNCIL RATIFICATION. Land acquisition not requiring City Council ratification requires an amendment to this Plan as set forth in Section 900.D of this Plan, The minor amendment to the Renewal Plan may be adopted by the Renewal Agency by Resolution. The Agency may acquire land without Council ratification where the following conditions exist: I. Where it is detennined that the property is needed to provide public improvements and facilities as follows: a. Right-of-way acquisition for streets, alleys or pedestrian ways; b. Right of way and easement acquisition for water, sewer, and other utilities c. Property acquisition for public use or for public buildings and facilities Downtown Urban Renewal Plan September 15, 2007 19 Date Received: I"/v(o~ Planner: MM I. The developer shall develop or redevelop property in accordance with the land- use provisions and other requirements specified in this Plan and in the legally applicable local land use plans and zoning provisions for the Downtown Urban Renewal Area. 2. SEDA may require the redeveloper to execute a development agreement acceptable to the Renewal Agency as a condition of any form of assistance by the Renewal Agency, The developer shall accept all conditions and agreements as may be required by the Renewal Agency in order to receive assistance from the Agency. 3, The developer shall submit to SEDA (or its designated agent) for Agency review and approval, all plans and specifications for construction of SEDA-assisted improvements prior to distribution of these improvements to other reviewing bodies as required by the City's building permit review procedures. 4. Any private project benefiting from SEDA assistance shall commence and be completed within a reasonable time, as determined by SEDA. 5. Any developer benefiting from SEDA assistance shall not affect any instrument whereby the sale, lease, or occupancy of the real property, or any part thereof, is restricted upon the basis of age, race, color, religion, sex, marital status, or national origin, 900. AMENDMENTS TO THE URBAN RENEWAL PLAN It is anticipated that this Downtown Urban Renewal Plan will be reviewed periodically during the life of the Plan. The Plan may be changed, modified, or amended as future conditions warrant. Types of Renewal Plan amendments are: A SUBSTANTIAL AMENDMENTS Substantial amendments consist of: I. Increases in the Downtown Urban Renewal Area boundary in cumulative excess of I % shall be a substantial amendment requiring approval per ORS 457.095 and notice as provided in ORS 457.120. 2. Increasing the maximum amount of indebtedness to be issued under the plan shall be a substantial amendment requiring approval per ORS 457.095 and notice as provided in ORS 457.120. B. AMENDMENTS NOT REQUIRJNG SPECIAL NOTICE The following Plan amendments will require approval per ORS 457,095 but will not require special notice as provided in ORS 457.120: Downtown Urban Renewal Plan September 15, 2007 21 Date Received: (p 4/07 I Planner: MM I, The addition of improvements or activities which represent a substantial change in the purpose and objectives of this Plan, and which cost more than $500,000, shall be a substantial amendment requiring approval per ORS 457.095, but not requiring notice as provided in ORS 457.120, The $500,000 amount will be adjusted annually from the year 2008 according to the "Engineering News Record" construction cost index for the Northwestern United States, 2, The addition of improvements or activities that substantially alter the goals and objectives of the Urban Renewal Plan. C. AMENDMENTS REQUIRING APPROVAL BY CITY COUNCIL ONLY The following Plan amendments must be approved by the Renewal Agency by resolution and presented to City Council for required approval by City Council resolution: I. Acquisition of property for purposes specified in Sections 700A of this Downtown Urban Renewal Plan, D. MINOR AMENDMENTS Minor amendments may be approved by the Renewal Agency in resolution fonn, Such amendments are defined as: I. Amendments to clarify language, add graphic exhibits, make minor modifications in the scope or location of improvements authorized by this Plan, or other such modifications which do not change the basic planning or engineering principles of the Plan. 2. Acquisition of property for purposes specified in Section 700 8] and 82 of this plan. 3. Addition of a project substantially different from those identified in Sections 600 of the Plan or substantial modification of a project identified in Section 600 if the addition or modification of the project costs less than $500,000 in 2008 dollars. 4, Increases in the urban renewal area boundary not in cumulative excess of I %. 1000. MAXIMUM INDEBTEDNESS The Maximum Indebtedness authorized under this plan is forty-three million, ten thousand_dollars ($43, 010,000). This amount is the principle of such indebtedness and does not include interest or indebtedness incurred to refund, or refinance such indebtedness. Down/own Urban Renewal Plan September 15, 2007 22 Date ReceiVed:-La,J,jrr; Planner: MM ( 1100. FINANCING METHODS A. GENERAL The Urban Renewal Agency may borrow money and accept advances, loans, grants and other forms of financial assistance from the federal government, the state, city, county or other public body, or from any sources, public or private for the purposes of paying indebtedness incurred in undertaking and carrying out this Plan. In addition, the Agency may borrow money from or lend money to a public agency in conjunction with ajoint undertaking of a project authorized by this Plan. If such funds are loaned, the Agency may promulgate rules and procedures for the methods and conditions of payment of such loans. R TAX INCREMENT FINANCING This Plan will be financed in whole, or in part, by tax increment revenues. The ad valorum taxes levied by all taxing districts in which all or a portion of the Urban Renewal Area is located shall be divided as provided in Section I C, Article IX of the Oregon Constitution and ORS 457A20 to 457.460. C. PRIOR INDEBTEDNESS Any indebtedness pennitted by law and incurred by the Urban Renewal Agency or the City in connection with preplanning for this Urban Renewal Plan shall be repaid from tax increment proceeds generated pursuant to this section. 1200. RELOCA nON To the extent required by law, SEDA will provide relocation assistance to all persons or businesses displaced temporarily or permanently by project activities. As required, those displaced will be given assistance in finding replacement properties, As required, all persons or businesses which may be displaced will be contacted to determine specific relocation needs and will be provided information on available housing or commercial/industrial property as may be applicable, 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,] 05 and any other applicable laws or regulations, Relocation payments will be made as provided in ORS 281,060. Payments made to persons displaced from dwellings will assure that they will have available to them decent, safe, and sanitary dwellings at costs or rents within their financial reach, As required, payment for moving expenses will be made to residents and businesses displaced. SEDA may contract with Oregon Department of Transportation or other parties to help administer its relocation program. Downtown Urban Renewal Plan September 15. 2007 23 Date Received: Planner: MM f"/;"/ ;)) 1300. DEFINITIONS The following defmitions will govern the construction of this Plan unless the context otherwise requires: "Agency", "Renewal Agency", "Urban Renewal Agency", "Springfield Economic Development Agency", or "SEDA" means the Urban Renewal Agency of the City of Springfield, Oregon. "Area" means the area included within the boundaries of the Springfield Downtown Urban Renewal Plan, "City" means the City of Springfield, Oregon, "City Council" means the City Council of the City of Springfield, Oregon, "Comprehensive Plan" means the City's Comprehensive Land Use Plan and its implementing ordinances, policies, refinement plans, and development standards. "County" means the County of Lane, State of Oregon, "Displaced" person or business means any person or business that is required to relocate as a result of action by the Urban Renewal Agency to vacate a property for public use or purpose. "Disposition and Development Agreement" means an agreement between the Urban Renewal Agency and a private developer which sets forth the terms and conditions under which will govern the disposition ofland to a private developer. "Exhibit" means an attachment, either narrative or map, to the Urban Renewal Plan for the Springfield Downtown Urban Renewal Area, Part Two -Exhibits. "ORS" means Oregon Revised Statute (State Law) and specifically Chapter 457 thereof. "Plan" means the Urban Renewal Plan for the Springfield Downtown Urban Renewal Area, Parts One and Two, "Plan Area" means the area included within the boundaries of the Springfield Downtown Urban Renewal Plan. "Planning Commission" means the Planning Commission of the City of Springfield, Oregon, ' "Project, Activity or Project Activity" means any undertaking or activity within the renewal area, such as a public improvement, street project or other activity authorized and for which implementing provisions are set forth in the Urban Renewal Plan. Downtown Urban Renl<Wal Plan September J 5, 2007 24 Date Received: Planner: MM lo/~;:1 ( , "Public Safety Project" means projects intended to assist police, fire, ambulance, and emergency services in the City of Springfield or in Lane County within the Plan Area. "Renewal Area" means the area included within the boundaries of the Springfield Downtown Urban Renewal Plan. "Report" means the report accompanying the Plan, as provided in ORS 457.085 (3), "Developer" means any individual or group acquiring property from the Urban Renewal Agency or receiving financial assistance for the physical improvement of privately or publicly held structures and land. "SEDA" means the Springfield Economic Development Agency. "Text" means the Urban Renewal Plan for the Springfield Downtown Urban Renewal Area, Part One - Text. "Urban Renewal Area", "Springfield Downtown Urban Renewal Area", "Urban Renewal Area", or "Renewal Area" means the geographic area for which this Urban Renewal Plan has been approved, The boundary of the Urban Renewal Area is described in Exhibits made a part of this plan. Attachments to the Springfield Downtown Urban Renewal Plan: Exhibit I -Boundary Map and Legal Description Exhibit 2 -Zoning Map and Plan Diagram Appendix 1- Detailed Goal Description Appendix 2- Detailed Outline of Consistency with Local and Regional Planning Objectives Down/own Urban Renewal Plan September IS, 2007 25 Date Received:Wl17 Planner: MM EXHIBIT I I ~~ --'-c:: ~ Urban Renewal Plan Downtown September 15, 2007 26 ~ . ~ 8:1 I o I ~ I ... ... ';: ... VI C i'ii ~ ~ t: ~ 0:: t: t'll of Downtown Urban Renewal Plan September /5, 2007 LEGAL DESCRIPTION 27 Date Received: !iJ/z../ If? Planner: MM ( ~ EXHIBIT 1 (continued) lJate Received: /0/'7/'1 Planner: MM I ' . EXHIBIT 2 ZONING MAP AND PLAN DIAGRAM Downtown Urban Renewal Plan September 15, 2007 28 : ~ @~I e Cl .5 c:: o N - u :s .. i5 ~ " c:: II 0:: c: 01 ..l> .... :J ~ l o o Date Received: la/".,f,n Planner: MM EXHIBIT 2 (continued) METRO PLAN DIAGRAM (EXCERPT OF RENEWAL DISTRICT) ~4....:# ,,~,'en..."'llh"lfM\ Eugene-Springfield Metropolitan Area General Plan Plan Diagram ..n.... ., ..I,.~~c1;'It.IIl:i"rw:n..l rI bIIlo:l....lDb",......w.-r. _~..tnlL1af~c I-otJJ D ~[.w..v""'booT.. 0 l..hI:\f..I,...~bI (] ....:00II... o .......nDII.....t"...1M.. m l:~.....t.r... 0 r""......<E o l,t:l.,""n..I""a.. D li.,....~~..'dl D'IInt.....,... o t4Tl'u,lS.ol D c'::..wl'I"""'T:lreULUh ~ -...:.amTolRI.. \ I .....- '. .^..... "'-......,....-.., /V ft....... /'V If.-.H""''', .:t-lofl"Ol ~ ~Nl."MH 8 '4>J.. 4,u rJ ....,r,a :;...... g"o(';'flcl.r...non D...I'....~r:lI. II ~JMJ.I"'."'I-~..I... . ,.......-l101on!.2u. o t.n......Ual=.. Dr.0n4"""':;>"'" 03 ~ "~IJ",""''' .""'.. , VALID AT I lX17 SCALE ONt Y I ~ - ~ ...~.JfIJ .. ..... I ~ ' o 'OOJ n I Renewal District Vicinity Downtown Urban Renewal Plan September 15, 2007 29 , ' Date Received: Planner: MM /11//.7 I APPENDIX 1. DETAILED GOAL DESCRIPTION A. Promote Public and Private Develooment Goal: To promote public and private development, redevelopment, and rehabilitation within the urban renewal area to help create jobs, tax revenues, and self sustaining, vital and vibrant commercial and industrial areas. Objectives: I. Enhance the environment for development and investment through improvements to streets, streetscapes, parks, and public buildings and spaces. 2. Assist property owners in rehabilitating buildings so they can accommodate more intensive commercial, mixed-use, and industrial activity; 3. Help create economic vitality by creating activities and encouraging uses that bring a significant number of jobs, employees, potential shoppers and investors throughout the renewal area. B. Rehabilitate Buildin!! Stock Goal: To upgrade the stock of existing structures in the renewal area which contribute to its unique character, but which are run down or do not meet current State Building and Specialty Codes' requirements. Objectives: I. Improve the appearance of existing buildings in order to enhance the overall aesthetics of the renewal area. 2. Help in improving the safety of older buildings in regard to seismic stability, fire safety, building code compliance and accessibility to persons with disabilities. 3. Redevelop buildings and areas that are currently inconsistent with the goals and objectives of this plan so that the improvements benefit the entire economic development effort for the community and property owners. C. Imorove Streets. Streetscaoes. Parks and Onen Snaces Goal: To improve existing streets and both on-street and off-street parking; to improve and enhance parks and open spaces, like multi-use paths, as an integral part of the area, and to enhance livability. Downtown Urban Renewal Plan September 15, 2007 30 . " Date Received: Planner: MM Ii? /4./ q I I Objectives: I. Enhance streetscapes by installing street lighting, street furniture, banners, awnings, planters and other amenities. 2. Fund sidewalk and alleyway connections and improvements. 3. Reconstruct and improve existing roadways where needed and in a manner meeting the objectives of this Plan. 4. Address and improve pedestrian safety along heavily traveled streets through the urban renewal area. 5. Create additional open space areas and pedestrian spaces that are attractive areas for residents and employees and that stimulate economic activity and enhance livability. D. Imnrove Utilities Goal: Improve and update utilities to allow more efficient, intensive, and productive development of the areas. Objectives: 1. Construct new, upgrade, underground, or reconstruct existing utilities (including water, electrical, sanitary and storm sewers, and telecommunications) as necessary to encourage and permit development of private properties, and supportive public amenities. E. Parkin!! Goal: Develop convenient attractive parking facilities close to shopping, entertainment, and business destinations. Objectives: I. Construct public parking to support businesses and activities in the Downtown Urban Renewal Area that is visible, safe and conveniently located. 2. Install signage that clearly directs citizens to available public parking. F. Public Facilities Goal: Maintain, acquire and develop public parks and open spaces, and public safety, health, and other facilities, to maintain and enhance public use, safety, and enjoyment of the renewal area. Downtown Urban Renewal Plan September 15, 2007 31 . .' Date Received: Planner: MM 1'/'1--107 Objectives: I. Ensure that public safety facilities within the renewal area are adequate to support and protect existing and proposed development in the renewal area. 2. Evaluate the adequacy of other public facilities serving the renewal district area and ensure their compatibility with the surrounding development and proposed redevelopment in the area. 3. Ensure that public parks and open spaces are adequate to serve existing and proposed development. G. Housinl! Goal: Provide for new and rehabilitated housing opportunities that collectively reflect a diversity of housing types, occupancy (rental and owner-occupied), and income levels in the City. Support housing development that is geared to support the area's goals for generating new employment. Objectives: I. Provide a wide range of housing opportunities to accommodate households at all income levels, including low-, moderate-, and upper-income rental and owner- occupied housing, which support prospective residential markets in, adjacent to, and near the renewal area. 2. Provide assistance to help maintain and assist in the rehabilitation of the stock of existing housing in the renewal area. 3. Assist in the development of quality housing for a range of household incomes and characteristics that are unique to the desired urban, Downtown atmosphere. H. Imorove Public Entrance ami Shmal!e Goal: Assist in funding for a program of entrance beautification and signage indicating cultural, historical, natural, and tourism landmarks within the renewal area. Objectives: I. Provide urban renewal funds for signage and entrance improvements in spaces within the urban renewal area reflecting the community's history, culture, natural areas, tourism opportunities, and welcoming attitude. 2. Provide assistance in implementing year round "color and movement" such as banners, hanging flower baskets and holiday decorations. Downtown Urban Renewal Plan September 15, 2007 32 . .' Date Received: Planner: MM 3. Increase public signage, both directional and informational, especially for functions related to tourism, special community events, and seasonal occurrences. Downtown Urban Renewal Plan September 15, 2007 33 III /'1/ lJ 7 I . .' Date Received: Planner: MM APPENDIX 2 I ~/z-.Iol CONSISTENCY WITH LOCAL AND REGIONAL PLANNING OBJECTIVES The following is a list of the supporting policies for each of the projects and indicate the conformance of the Plan to local land use plans and policies. (Projects are referenced by letter according to the project list spreadsheet in the Report accompanying this Plan.) A. STREET CONSTRIJCTION AND CIRCIJLATlON IMPROVEMENTS Metro Plan Policies: System Wide Policy F.l 0: Protect and manage existing and future transportation infrastructure. System Wide Policy F.ll: Develop or promote intermodalljnkages for connectivity and ease of transfer among all transportation nodes. System Wide Policy F.l3: Support transportation strategies that enhance neighborhood livability. Transportation System Improvements: Roadways Policy F.14: Address the mobility and safety needs of motorists, transit users, bicyclists, pedestrians, and the needs of emergency vehicles when planning and constructing roadway system improvements. Downtown Refinement Plan Policies Access, Circulation, and Parking Element Policies 1-8: 1. The City shall pursue funding of identified bicycle and pedestrian improvement projects within the Downtown area to place these projects in the "Programmed" category in TransPlan. 2. The City and Willamalane shall work cooperatively to obtain easements or other instruments to enable construction of park-to-park multi-use paths, including Island Park to Dorris Ranch; Dorris Ranch to Clearwater Park and the Mill Race from the Middle Fork of the WiIlamette to the confluence at the Springfield Bridges. 3. The City shall evaluate the distribution of public off-street parking in the Downtown and prepare a strategy to address the equitable balance of these resources. 4. The City shall consider formation of a Downtown Association to partner with the City on parking solutions and enhancing the pedestrian experience. Downtown Urban Renewal Plan September 15, 2007 34 , .. Date Received; Planner: MM I~ /')07 S. The City shall work with LTD to facilitate the success of the BRT system [EmX Line], encourage local businesses to participate in LDT ridership programs, and co-sponsor Transportation Demand Management techniques. 6. The City shall work with ODOT to take full advantage of the opportunities presented by the designation of Main Street as Special Transportation Areas and will pursue a similar designation for South A Street. 7. The grid street system within the Downtown Refinement Plan area, including streets and alleys, shall be maintained to the greatest extent practicable, except where issues of public safety and security may become a concern for public buildings. 8. The City shall study, and where appropriate, implement a plan to improve auto, pedestrian, and bicycle access to the Booth-Kelly site and the Mill Race. Oregon Transportation Plan: Development of an Integrated Multimodal System: Policy 1.1: Plan and develop a balanced, integrated transportation system with modal choices for the movement of people and goods. Downtowns and Economic Development: Policy 3.3: Provide transportation improvements to support downtowns and to coordinate transportation and economic development strategies. R. Infrastructure and Utilities Imnrovements Metro Plan Policies: Public Facilities and Services Element: Stormwater Policy G.14: Implement changes to storm water facilities and management practices to reduce the presence of pollutants regulated under the Clean Water Act and to address the requirements of the ESA. Public Facilities and Services Element: Stormwaler Policy G.16: Manage or enhance waterways and open storm water systems to reduce water quality impacts from runoff and to improve stormwater conveyance. Downtown Refinement Plan Policies: Design Element Policy 3: Alternative methods of lessening the negative aesthetic character of overhead electric lines in the Downtown area shall be examined and pursued by SUB. This may include: I) undergrounding new service connections and "clean-up" Downtown Urban Renewal Plan September 15, 2007 35 ~ I ',"', Date Received: Planner: MM 1~/1--( i7 I of overhead express feeders in the near future, and 2) possible undergrounding of all [ines in the future. C. PURLlC FACILITIES Metro Plan Policies: Public Facilities and Services Element: Schools Policy G.21: The cities shall initiate a process with school districts within the UGB for coordinating land use and school planning activities. The cities and school districts shall examine the following in their coordination efforts: a. The need for new public school facilities and sufficient land to site them n. PARKS. RECREATION. PEDESTRIAN AND HIKE CORRIDORS AND OTHER AMENITIES (COMBINED WITH PROJECT CATEGORY H\ WII.I.AMAI.ANE PARKS IMPROVEMENTS E. F. Metro Plan Policies: Transportation System Improvements: Bicycle Policy F.22: Construct and improve the region's bikeway system and provide bicycle system support facilities for both new development and redevelopment/expansion. Transportation System Improvements: Bicycle Policy F.24: Require bikeways to connect new development with nearby neighborhood activity centers and major destinations. Transportation System Improvements: Pedestrian Policy F.26: Provide for a pedestrian environment that is well integrated with adjacent land uses and is designed to enhance the safety, comfort, and convenience of walking. Transportation System Improvements: Pedestrian Policy F.27: Provide for a continuous pedestrian network with reasonably direct travel routes between destination points. Parks and Recreation Facilities Element Policy 1-1.1: Develop a system of regional- metropolitan recreational activity areas based on a facilities plan for the metropolitan area that includes acquisition, development, and management programs. The Metro Plan and system should include reservoir and hill parks, the Willamette River Greenway, and other river corridors. Parks and Recreation Facilities Element Policy 1-1.4: Encourage the development of private recreational facilities. Downtown Urban Renewal Plan September 15, 2007 36 ..,. Date Received: Planner: MM Parks and Recreation Facilities Element Policy H.5: Develop mechanisms and processes by which residents of an area to be served by a neighborhood park, neighborhood center, or play lot can participate in the design, development, and maintenance of the facility. /i)4!~ Downtown Refinement Plan Policies: Economic Element Policy 5: The City shall support WiIlamalane's efforts to develop parks and open spaces in the Refinement Plan area consistent with the WiIlamalane Park and Recreation Comprehensive Plan. Design Element Policy 2: The City and WiIlamalane shall continue to develop and integrate the elements of the river, bridge, White Horse, Millrace and Island Park to enhance historic, recreational, and aesthetic values and promote tourism. Public Spaces Element Policies 1-4: 1. The City shall encourage the development and use of sites throughout Downtown for displays, exhibits, festivals and other events of public interest. 2. The City and Willamalane shall continue to explore the creation and development of public space improvements in the Downtown including a Downtown overlook and improved pedestrian access to Island Park, the Millrace, and the historic Briggs Ferry Landing. 3. The City shall endeavor to maintain funding for maintenance programs on Downtown streets, sidewalks, and City-owned public spaces. 4. The City, in cooperation with downtown businesses, should identify funding for, design, and construct a New Main Street plaza at the location of the parking lot on the south side of City Hall. The plaza would serve as the primary civic gathering public space in the core of the downtown. The design would explore whether it should be a dual use as both parking and plaza, or be converted to all plaza. The long-term vision for this space would include reconstruction of the south side of City Hall to complement the plaza. Willamalane Plan Strategies: Parks and Open Space Strategy: Provide parks, open spaces, river access, and pathways, while respecting private property rights. Community Recreation and Support Facilities: Provide community recreation and support facilities that facilitate a wide variety of activities, create community gathering places, and enhance community pride. G. REIlEVEI.OPMENT THROUGH NEW CONSTRUCTION Downtown Urban Renewal Plan September 15, 2007 37 . .. . Date ReCeiVed:-L~/Z>~ 107 Planner: MM Metro Plan Policies: Economic Element Policy B.13: Continue to encourage the development of convention and tourist-related facilities. Economic Element Policy B.14: Continue efforts to keep the Eugene and Springfield central business districts as vital centers of the metropolitan area. Downtown Refinement Plan Policies: Economic Element Policy 3: The City shall maintain a variety of strategies and funding sources as incentives to development and redevelopment of the Downtown. This should include, but not be limited to: State Revolving Loan Funds; Industrial Development Revenue Bonds; Oregon Business Development Fund; state lottery funds; CDBG grants and loan programs; tax increment financing; local improvement districts; economic improvement districts; and, special assessment districts. Economic Element Policy 4: As the design and construction of the Justice Center evolves, the City shall work with nearby businesses and property owners to take advantage of opportunities to develop sites or structures to accommodate the various support uses that are likely to seek this proximity. Economic Element Policy 7: The City shall support efforts to attract shoppers to the Downtown, including but not limited to specialty events such as festivals and parades, and recurring activities such as a "Farmer's Market." Economic Element Policy 8: The City shall support the retention oflocal businesses and the relocation of new business to Downtown. Oregon TransportatiOlI Plan: Creating Communities: Policy 4.3: Increase access to goods and services and promote health by encouraging development of compact communities and neighborhoods that integrate residential, commercial and employment land uses to help make shorter trips, transit, walking and bicycling feasible. Integrate features that support the use of transportation choices. H. E. PRESERVATION. REHABILITATION. ANI) CONSERVATION (JPGRADES TO FIRE PROTECTION AND RMERGENCY RESPONSE SYSTEMS Metro Plan Policies: Historic Preservation Element Policy 1.1: Adopt and implement historic preservation policies, regulations, and incentive programs that encourage the inventory, preservation, and restoration of structures; landmarks; sites; and areas of cultural, historic, or archaeological significance, consistent with overall policies. Downtown Urban Renewal Plan September 15, 2007 38 t "-.... . Date Received: / 0/'2--/'67 Planner: MM Historic Preservation Element Policy 1.2: Institute and support projects and programs that increase citizen and visitor awareness of the area's history and encourage citizen participation in and support of programs designed to recognize and memorialize the area's history. Downtown Refinement Plan Policies: Design Element Policy 8: The City shall support efforts by Downtown businesses to make building fayade improvements. Wi//amalane Plan Strategies: Rehabilitation Strategy: Upgrade and revitalize existing parks and recreation facilities to provide recreation opportunities, protect recreation resources, improve the environment, enhance user safety, and improve accessibility for people with disabilities. I. Pronertv Acouisition and Disnosition Metro Plan Policies: Economic Element Policy 16: Utilize processes and local controls which encourage retention of large parcels or consolidation of small parcels of industrially or commercially zoned land to facilitate their use or reuse in a comprehensive manner rather than piecemeal fashion. ,J. TEC.HNICAL. FINANCIAL AND DESIGN PLAN DRAFTS AND UPDATES Metro Plan Policies: Downtown Refinement Plan Policies: Access, Circulation, and Parking Element Policy 3: The City shall evaluate the distribution of public off-street parking in the Downtown and prepare a strategy to address the equitable balance of these resources Access, Circulation, and Parking Element Policy 8: The City shall study, and where appropriate, implement a plan to improve auto, pedestrian, and bicycle access to the Booth-Kelly site and the Mill Race. Downtown Urban Renewal Plan September 15, 2007 39 J- 1< J . II . ,...... ,n Urban enewal Plan '1- ~.. I" /'J~ Bart Tw kaRT I .,. . f "'.1 ,~, L l,~ -:. 's ~ ;,~ ~... :.r: " ;,;. , LI i. : ~ ,.,. .11 ,id ~. ~. ~.~ l,: I' -'I~ l tJ.' f'~ - ".,. . . ~I ," ...- ...... I September 15, 2007 . .~ DRAFT 1> l ,-- . , . Date ReceiVed:~/PJ,'/o7 Planner: MM DOWNTOWN URBAN RENEWAL PLAN REPORT ACKNOWLEDGEMENTS This urban renewal plan was prepared with funding assistance from the City of Springfield. Springfield citizens participated in 2 townhalls leading to the preparation of the Downtown Urban Renewal Plan and Report. Staff Assistance Gino Grimaldi, City Manager Jeff Towery, Assistant City Manager William Grile, Development Services Director John Tamulonis, Community Development Manager Mark Metzger, Planning Supervisor Courtney Griesel, Planner Urhan Renewal Consultant Charles Kupper, Spencer & Kupper Downtown Urban Renewal Plan-Report 2 September 15, 2007 . . - Date Received: Planner: MM /0)7 /-0// ( REPORT ON THE DOWNTOWN URBAN RENEWAL PLAN TABLE OF CONTENTS Page PROJECT BACKGROUND.............................................................................. 4 DEFINITION OF BLIGHTING CONDITIONS........................... ........................... 6 100. DESCRIPTION OF EXISTING CONDITIONS IN THE URBAN RENEWAL AREA 7 100A. PHYSICAL CONDITIONS................................................. ................ ....... 7 100B. SOCIAL CONDITIONS...........................................................................12 200. EXPECTED FISCAL, SERVICE AND POPULATION IMPACTS OF PLAN......... 14 300. REASONS FOR SELECTING THE URBAN RENEWAL AREA........................ 16 400. RELATIONSHIP BETWEEN EACH PROJECT ACTIVITY AND EXISTING CONDITIONS IN THE PROJECT AREA ..................................... 16 500. FINANCIAL ANALYSIS OF PLAN............................................................. 17 SOOA. ESTIMATED PROJECT COST AND REVENUE SOURCES........................... 17 SOOB.ANTlCIPATED START & FINISH DATES OF PROJECT ACTIVITIES............ 19 SOOC.ESTlMATED EXPENDITURES AND YEAR OF DEBT RETIREMENT............. 19 SOOD.IMPACT OF TAX INCREMENT FINANCING............................................. 24 SOOE. FINANCIAL FEASIBILITY OF PLAN....................................................... 26 600. RELOCATION ...................................................................................... 26 APPENDIX I CENSUS TRACTS WITHIN URBAN RENEWAL DlSTRICT...............28 . Downtown Urban Renewal Plan-Report 3 September 15, 2007 Date Received: /o/t,,/ol Planner: MM REPORT ON THE DOWNTOWN URBAN RENEWAL PLAN PROJECT BACKGROUND The primary purpose of the Downtown Urban Renewal Plan is to revitalize the core historic downtown commercial and industrial areas of Springfield. The intent is to increase commercial activity, improve existing building facades, and promote pedestrian amenities and community activities. The renewal plan builds upon other work and study efforts focused on downtown. They include the Downtown Refinement Plan (Adopted 1986, Updated 2005), the Booth-Kelly Mixed-Use District (1986), the TransPlan (2001), and the Willamalane Parks and Recreation Comprehensive Plan (2004). The Land Use Element (p. 13) in the Downtown Refinement Plan forms a good general summary of the current state of conditions within the Downtown Urban Renewal area. It states: "The Downtown area is where the original field with a spring in it was located (now an apartment complex) after which Springfield was named. It also contains the area that was in the original town plat of Springfield filed by Elias Briggs. Since that time, the Downtown area has functioned as the City's heart, and continues to do so even though the City has spread out, and other important nodes have developed on east Main Street, and in the Mohawk and Gateway areas. A significant retail base remains in the Downtown, and professional offices and services are increasing. The southeast portion of the Downtown is the location of several mill sites, which provide employment and a customer pool which Downtown businesses benefit from. Beginning in the 1970's, and worsening in the recession/depression of the early 1980's, the Downtown community has been wrestling with an increasing vacancy rate. The situation seems to be improving somewhat as evidenced in recent reports of the Springfield Downtown Association. Although businesses are still leaving the area, new businesses and expansions of existing businesses are approximately matching the rate of exodus. Trends are not clearly identifiable in recent land use changes: a variety of types of uses have left, and a variety have located in Downtown. The Booth-Kelly site has long fascinated VISionaries in the Downtown community. The proximity of the site to Downtown, and the potential redevelopment of the site utilizing its amenities (millrace and pond, forested slopes, rail access, etc.) could prove to be very beneficial to the Downtown. Much of the site is currently vaca~t and inaccessible, and the existing development does not take advantage of the site amenities. Redevelopment of the site would be very expensive, but could be accomplished in a cohesive fashion over a long period with the development plan concept presented in the Booth-Kelly Development Area policies herein. Downtown Urban Renewal Plan-Report 4 September 15, 2007 Jate Received: Planner: MM I J4ju7 I I It is desired and anticipated that the eventual redevelopment of the Downtown area will feed upon itself: that is, new and expanded development will attract more news development. This will eventually make use and delivery of public services more cost-effective and increase demand for Downtown land and buildings resulting in a rise in property values to a point that development will be more economical than retaining a property's vacant status. However, most of the problems are physical and need funds to be built or that vision will not be realized. The Downtown Urban Renewal Plan is intended to be the combination of projects and funding to overcome the problems and achieve the goals in the Downtown Refmement Plan (pp. 14-15): "The following goals embody the spirit, optimism and commitment Downtown property owners, businesses and community organizations have ascribed to their vision of Downtown Springfield. These goals are deliberately achievable and intended to recognize the value of enduring public-private partnerships. Create a Pedestrian and Transit Friendly Downtown. Develop a setting that is conducive to walking, bicycling and transit while providing accessibility to regional automobile and freight networks. Provide safe and walkable streets. Preserve the Past. Enhance the downtown's future character by preserving the best of its past. Promote appropriate in-fill construction and historic preservation of the existing buildings. Reconnect to Key Natural Resource Features. Connect the downtown with the Millrace and Island Park, and provide opportunities for appropriate downtown uses adjacent to these areas. Alive Ajier Five. Encourage evening activity in the downtown with dining, cultural and entertainment opportunities for all ages. Increase housing development in the downtown to generate the 18 to 24-hour city. Revitalize the Downtown with New Uses. Create new opportunities for office, commercial, residential, civic, and mixed uses. Encourage high-density uses that are transit-oriented and located within a short walk from Springfield Station. Ensure Adequate Parking. Provide parking that supports a vital downtown. Create Civic Gathering Places. Create great public spaces, both large and small. Consider creation of a town square. Identify Catalyst Projects. IdentifY projects that will spur growth in the downtown, including improvements that can be successfully accomplished in the short tenn. Create Downtown Partnerships. Collaborate with Lane Transit District, the Springfield Renaissance Development Corporation, and other groups to coordinate efforts and build community support. Downtown Urban Renewal Plan-Report 5 September 15, 2007 . Date ReceiVed:~( () ? Planner: MM Establish a Possible Identity for the Downtown. Work with downtown business interests and the Springfield com unity to foster a positive identity and sense of pride for the downtown. Develop the Downtown as the Gateway to Springfield. Work to achieve a visual impression in the Downtown that reflects well on the rest of the City. DEFINITION OF BLIGHTING CONDITIONS The Oregon Legislature has established a system to finance urban renewal. Oregon Revised Statute Chapter 457 describes how the system works. This law gives cities and counties urban renewal powers. These powers provide a way to finance projects to remove "blight." Addressing blight is central to the purpose of urban renewal districts. The Oregon Revised Statutes (ORS 457.010) defines "blight" as follows (underlining is added for emphasis, and numeration is added for clarity): "Blighted areas mean areas which, by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, are detrimental to the safety, health or welfare of the community. A blighted area is characterized by the existence of one or more of the following conditions: I. 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 anyone or a combination of the following conditions: a) Defective design and quality of physical construction; b) Faulty interior arrangement and exterior spacing; c) Overcrowding and a high density of population; d) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; e) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses; f) An economic dislocation, deterioration or disuse of property resulting from faulty planning; g) The division or subdivision and sale of ~,v~"';J or lots of irregular fonn and shape and inadequate size or dimensions for ~.v~...;/ usefulness and development; and h) The laying out of property or lots in disregard of contours, drainage and other physical characteristics of the terrain and surrounding conditions; 2. The existence of inadequate streets and other rights-of-way, open spaces and utilities; 3. The existence of property or lots or other areas which are subject to inundation by water; 4. 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; Downtown Urban Renewal Plan-Report 6 September 15, 2007 Date Received: Planner: MM IOh/67 I , 5. 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 6. 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." Note that it is not necessary for each of the cited conditions to be present in the renewal area, or that these conditions are prevalent in each and every sector of the urban renewal area. 1 00. DESCRIPTION OF EXISTING CONDITIONS IN THE DOWNTOWN URBAN RENEWAL AREA lOOA. PHYSICAL CONDITIONS 1. Land Area The Downtown Renewal Area contains approximately 417 acres of land area. ORS 457.420 provides that the total land area of a proposed urban renewal district, when added to the land area of existing renewal areas may not exceed 15% of the City's land area. The City's current land area is approximately 9791 acres. The total of all acreage in renewal areas, including the Glenwood Urban Renewal District (618 acres), is 1035 acres. This represents 10.4% of the City's land area. Total renewal area acreage is within the 15% limitation prescribed by ORS 457.420. 2. Existing Land Use and Development The Downtown Urban Renewal Area consists primarily of Heavy Industrial and Community and Mixed-Use Commercial. Included in this type of commercial is the Booth-Kelly District which provides for a mixed use employment center that complements Downtown Springfield. The next largest land use is for Low Density residential purposes. There are a very limited number of residential uses scattered throughout the project area. The majority of this residential is found in the Willamette Heights Neighborhood located in the South West comer of the Urban Renewal Area. Commercial development is concentrated along Main Street, running through the project area. This development is mostly strip commercial and serves the Downtown and surrounding communities with a range of services, convenience, and some comparison shopping opportunities. The Downtown Urban Renewal Area contains about 680 tax lots. Of these, 127 are tax exempt. The zoning of all tax lots are shown by acres in Table I, below. Downtown Urban Renewal Plan-Report 7 September 15, 2007 Date Received: I ~~/07 Planner: MM Table 1. Zoning Within the Downtown Urban Renewal District I Zone Desil!:nation 1 Low Density Residential 1 Medium Density Residential 1 HiF Density Residential I MIxed-Use Residential I Community Commercial I Mixed-Use Commercial I 1 Heavy Industrial 1 Light-Medium Industrial 1 Booth Kelly Mixed-Use 1 I Public Land and Open Space 1 Total Acres Approximate Acres 48.96 4.71 6.59 1.27 61.53 I 74.51 I 41.81 116.31 I 109.25 I 28.321 76.161 213.83 1 25.531 417.20 I % of Total 12.2% 1.1% 1.6% .3% 15.3% 18.5% 10.4% 28.9% 23.3% 7.04% 18.9% 48.3% 6.5% 100.0% Residential Total Commercial Total Industrial Total Table I depicts the current zoning districts in the Downtown urban renewal area. Public land and open space encompass 6.5%; mixed-use and community commcrcial make up 28.9% of the uses planned for the Downtown area; while total residential uses are zoned for about 15.3% and total industrial are zoned for 48.3%. Currently, within the Urban Renewal Area almost 102 acres, or roughly 25%, stand vacant. The majority of this vacant land is in Commercial (12.7%), Residential (7.5%), and Industrial (4.2%) zones. The renewal area boundary was drawn to create a project area that encompasses the core of Downtown commercial and mixed-use, while providing for public open space improvements along the Willamette River, Mill Pond and Mill Race, and within the Downtown urban core. Actions undertaken in the Downtown Urban Renewal Area will help make more productive use of land in Downtown. 3. Conditions-Buildings and Structures Recognition of blighted conditions within the urban renewal area go back to the early 1980's. The 1984 "Downtown Tomorrow" report of the Springfield Downtown Commission, opens with this observation of conditions in the Downtown: "Downtown Springfield has needed revila/ization for a long lime. The jumbled mix of signs, vacan! buildings, ragged patches of landscaping, crumbling sidewalks, and heavy vehicle through-traffic vividly portray a lack of care and a message of neglect." The report continues on to list goals and projects for the downtown, some of which are still recommended as part of this plan. Based on the property class codes assigned to properties by the Lane County Department of Assessment and Taxation, there are just over 100 acres of vacant property within the Downtown Urban Renewal Area. About 72 vacant acres are taxable and would Downtown Urban Renewal Plan-Report 8 September 15, 2007 Jate Received: In J.-"l /67 Planner: MM '( ( contribute tax increment revenues to the urban renewal district if developed during the life of the urban renewal district. Table 2 summarizes the taxable vacant acreage within the urban renewal area by zoning district. Table 2. Vacant Taxable Property by Zoning District I Zone Designation I Low Density Residential I Medium Density Residential I Community Commercial I Mixed-Use Commercial 1 Heavy Industrial 1 Light-Medium Industrial I Booth Kelly Mixed-Use I Acres 1 191 21 281 81 61 81 II Total 72 I There are nearly 550 buildings in the Downtown Urban Renewal area. A survey of downtown buildings in 2004 revealed that 59% of downtown structures fit the Department of Housing and Urban Development's (HUD) criteria for blight. This is significantly higher than the threshold required to qualify for HUD's Community Development Block Grant program designation as a blighted area. The condition of some of these properties may make it economically infeasible to rehabilitate or repair them. A windshield survey of the urban renewal area in 2007 shows the urban renewal area contains buildings in various states of disrepair including residential properties (along South Mill and South 18th); commercial properties (along Main Street and South A); and industrial properties (along South Mill). These buildings show evidence of extensive deterioration of roofing, siding, foundations, steps, and exterior trim. Repairing and maintaining downtown buildings is essential for the recovery of any historic district. High vacancy rates and tenant turn-over have characterized the urban renewal area. Commercial lease rates today remain low compared to the remainder of the Eugene- Springfield market. This has made it difficult for property owners to maintain existing buildings and has worked against privately financed rehabilitation and redevelopment. This has contributed to the continuing deterioration and blight conditions in the downtown area. Lane Transit's Springfield Station, completed in 2005, was the first new construction in downtown Springfield since 1987. New construction and restoration activities have followed. St. Vincent de Paul's Royal Building, a new 5-story mixed-use development, is nearing completion. Additional projects include the restoration of the historic Gerlach building by the Emerald Arts Center and development of the Richard Wild ish Community Theatre by the Springfield Renaissance Development Cv'pv.ation. Each of these projects received significant subsidies in the form of public investment and private donations to cure blighted conditions in the structures. These projects would not havel Downtown Urban Renewal Plan-Report 9 September 15, 2007 Date ReceiVed:_10/...,.././ Planner: MM been possible without public investment. These situations reinforce the need for the establishment of an urban renewal district to support redevelopment and revitalization downtown. 4. Conditions - Streets, Intersections, Sidewalk, and Storm Drainage The general condition of the basic street and storm drainage infrastructure in the project area is typical with that of an older town. The following is a brief description of the construction type and current conditions assessment: Most of the Downtown Urban Renewal Area was developed through donation land claims in the 1850's and constructed in the traditional block segment footprint over several decades. The streets are well-defined by curbs and gutters. Most of these streets are improved to city standards, with the exception of the Willamette Heights area where some unimproved streets still remain. Although many of the street components are older, the Maintenance Division continues to perform maintenance and repair activities to extend the useful life of the asset. Some of these preventive activities include crack and slurry sealing of streets, asphalt overlay and repair, curb, gutter and sidewalk repair, street sign and signal maintenance, etc. In the urban renewal area, the majority of the streets are improved - curb and gutter with an asphalt surface. Most of these streets were constructed decades ago. Timely preventative maintenance and structural enhancements have maintained the integrity of these assets. Unimproved and substandard streets are found in the areas south of the Main and South A Streets corridor. Main and South A Streets (ODOT right of way) from the Willamette River bridges, east to 19th Street, are deteriorating fairly rapidly. Eventual reconstruction will be necessary for few other collector segments in the Boundary area due to age. Typical improved street intersections consist of standard sidewalks with access ramps, curbs, gutters, signage, and traffic/pedestrian control in place. Continuous sidewalks populate most of the area, however many are old and deteriorating to the point of needing replacement. Varying types of access ramps provide a continuous corridor throughout most of the area. There are 12 intersection traffic signals within the urban renewal area. All of these control signals are owned by the State but maintained by the City. Signage at intersections and along street segments is uniform and consistent. The urban renewal area has a total of 287 street lights. Street lights along Main and S. A Streets are being modernized with high voltage type lighting with some older low voltage yellow type lighting that will require updating. A functioning storm water drainage system exists for most of the Boundary 3 area, with some roadside ditches residing south of Main Street. The age of the storm pipe system ranges from 1950s to 1990s and is comprised of mostly concrete pipe. Capacity of storm pipe ranges from 4 to 65 inches. There is a need to replace aging and undersized lines through rehabilitation projects. The sanitary system is predominately concrete pipe, Downtown Urban Renewal Plan-Report 10 September 15, 2007 Date Received:_/ 0 ~/ 6? Planner: MM changing to PVC pipe whenever lines are rehabilitated. The older lines in this area date back to 1948. Pipeline sizes on sewer main lines run 8 to 24 inches with trunk lines up to 60 inches. Bicycle opportunities are less than desirable as the Downtown currently has no designated, striped east-west routes. There is only one bike path along Pioneer Parkway within the urban renewal area. Shared sidewalks with pedestrians or streets with cars, does not engender this efficient travel alternative. 5. Conditions - Public Parking Off-street parking remains a real and perceived issue for downtown merchants. Although there almost a thousand spaces (both on and olT-street) in the Downtown Mixed-Use area, many are occupied by employees, many are restricted by permit only, and the larger lots are not close to the businesses most in need. The lack of parking has had a negative alTect on the level of economic investment in the area. The City enforces all on-street spaced or publicly owned spaces in this area, but the two hour time limit is not proving to be an elTective deterrent to prolonged and non-business use. Notwithstanding all of the benefits that will accrue from an improved pedestrian environment, few downtown businesses can survive on a customer-based derived solely from foot-traffic. 6. Conditions - Visual Appearance The commercial core of the Downtown area is aligned along Main Street (ODOT Highway 126) and South A Street east of the Springfield bridges. Both are part of the State Highway system under the jurisdiction of the Oregon Department of Transportation (ODOT). Main Street and South A are characterized by a mix of older, "main street" style commercial properties with mostly on-street parking and strip commercial and industrial development of varying styles and quality, most fronted by parking lots. The "main street" area has several vacant storefronts and generally shows need of fa~ade updating and repair. There are overhead power lines throughout the area, adding to the visual clutter. Attractive street furniture, signs, awnings, banners, trees, landscaping, and other visual amenities are inconsistent and scattered. The Mill Race and Pond, located along South A, has been in a state of disrepair since its donation to the City in the mid-1980's. Since that time, the City has refurbished portions of the water amenity and adjoining Booth-Kelly complex, but major repairs and improvement projects still remain to be completed. The current physical appearance and access restrictions to the site hinder future development. While physical appearance is not specifically listed as a condition of blight in ORS 457, the appearance of modem industrial sites including green space, plantings, improved business frontage and parking areas, low external impacts, etc. are important to economically productive industrial and commercial sites as well as the nearby properties. Economically underproductive sites are considered blighted. As development and redevelopment occurs in surrounding areas the Mill Race and Mill Pond should be evaluated to see if the facility may be redeveloped Downtown Urban Renewal Plan-Report /I September 15, 2007 Date Received: 1()~/157 Planner: MM I and improved so that it may be more productive economically while enhancing the area's overall redevelopment. 7. Conditions - Land and Building Values It is anticipated that the 2007-08 tax roll will establish the initial base of assessed values for the Renewal Area. The figures are not yet available for the total assessed valuation for the Downtown Urban Renewal District for that year. The total assessed value of property within the urban renewal area for the 2006-07 tax year, subtracting non-taxable properties ($54,567,634) is calculated at al'l'<VAimately $122,500,000 in land and building values. The total assessed value of the Downtown Urban Renewal Area, excluding non-taxable properties, represents about 3.8% of the total p,vp~';1 valuation within the City of Springfield. When added to the total frozen base value within the Glenwood Urban Renewal Area ($106,986,910) the total assessed value for all Urban Renewal Areas in the City of Springfield equals about 7.3%. Total certified values within all renewal areas therefore are expected to be well within the maximum 15% of total valuation allowed by urban renewal law. 8. Conditions - Investment and Utilization of Land Real property values within the Downtown Urban Renewal Area are largely concentrated in commercial and industrial property classifications. The overall value of land compared to the value of improvements on that land is extraordinarily low for an urban area, especially an area that represents a major concentration of industrial uses and is developed to nearly urban densities. The real market value ofland in the urban renewal area is $64.05 million and the real market value of improvements is $163.2 million. The ratio of building value to land value is just over 2.5: I. Mature urban areas, especially those that include so much commercial, public, and industrial building, are expected to exhibit improvement to value ratios in the 4:1 or 5:1 range. The Downtown Renewal area falls just below this range which points to a lack of investment in the Downtown, under-utilization of land, depreciated values, and a loss of tax generating revenue for the project area. 1008. SOCIAL CONDITIONS The 2000 Census is the most recent source for comprehensive demographic data that is specific to the Downtown Urban Renewal Area. The Downtown Urban Renewal District boundaries do not coincide with local census tracts and block groups. However, block groups within Census Tracts 3202, 3300, 3400, and 3500 fall within the portions of the urban renewal area. Table 3 below summarizes the estimated income and housing characteristics of residents within the urban renewal area. Table 4 shows the percentage of owner occupied dwelling units and renter occupied units. Table 5 shows the population within the urban renewal district by race. It is not possible within the scope of this analysis to accurately estimate the exact number of residents and their demographics for the area within the urban renewal area without Downtown Urban Renewal Plan-Report 12 September 15, 2007 Date Received: /6 i/<">( Planner: MM (n including fragments of the census tracts and block groups that are outside of the urban renewal boundary. The information below is meant to provide only general information on income and housing characteristics of residents within the area. Table 3. Population and Income by Census Tract within the Urban Renewal District Census Total Tract Population 132.02 133 134 1 35 3406 44,053 (BG) - is a division of a Census tract called a block group. 4,066 Median Household IncoQlV 34,273 Percentage of Low-Moderate Income Households 6,775 4,706 30,163 27,679 28.7% (BG 1)- 55.0% (BG 2)- 59.4% 60.1% (BG 3)- 59.2% (BG 4)- 25.0% The largest percentage of residents within the urban renewal district live in census tracts 33 and 34. Tract 34, Block Group 4 is almost wholly contained within the urban renewal area and the sLatistics for this subarea are perhaps the most represenLative of the area as a whole. Tract 35 is largely outside of the urban renewal area and is least represenLative of the area. Table 3 shows that the majority of residents in the area have a median household income ranging between $27,679 (Tract 34) and $30,163 (Tract 33). Tract 35 has the highest household income at $44,053. The median household income for Lane County is $36,942. The City of Springfield participates in HUD's Community Development Block Grant (CDBG) program which targets funding for low income neighborhoods. Eligibility for CDBG funding requires an assessment of the percentage of households living at or below the federally eSLablished "low-moderate income" level. In the Downtown Urban Renewal Area, the majority of households (roughly 55 to 60 percent) fall within the low- moderate income classification. Downtown Urban Renewal Plan-Report 13 September 15, 2007 Date Received: Planner: MM I~ )",/07 I I Table 4. Housing Tenure by Census Tract within the Urban Renewal District I 132.02 133 134 135 Census Tract Percentage of Owner Occupiedl Renter Occupied Dwelling Units I 50.5/1 49.5 52.3/1 47.7 49.111 50.9 83.4/1 16.6 Home ownership is sometimes an indicator of income and neighborhood stability. Table 4 shows that between 49 and 51 percent of all dwelling units are renter occupied. In Lane County 37.7 percent of dwelling units are renter occupied. Table 5. Racial Composition by Census Tract within the Urban Renewal District. Lane Census Census Census Census County Tract Tract Tract Tract 32.02 33 34 35 1 White 90% 87% 89% 89% 92% 1 Hispanic 4% 11% 9% 8% 5% 1 Black 1% 1% 0% 1% 0% I American Indian and 11% Alaska Native 1% 1% 1% 3% 1 Asian 2% 2% 1% 0% 2% 1 Native Hawaiian and Other Pacific Islander 0% 0% 0% 0% 0% 1 Some other race 2% 5% 4% 3% 11% 1 Two or more races 4% 5% 4% 4% 14% The racial composition (white to non-white) of the urban renewal area is similar to that of Lane County. The Hispanic population within the area is significantly higher that the county as a whole. Table 5 shows that in census tracts most representative of the urban renewal area Hispanics make up between 8 and II percent of the population, compared to just 4% for Lane County. The growing Hispanic presence and influence within the urban renewal area can be seen in the growing number of shops and services catering to Hispanic households that have been established in the area. Downtown Urban Renewal Plan-Report 14 September 15, 2007 Date Received: (D! V.( 07 Planner: MM 200. EXPECTED FISCAL, SERVICE, AND POPULATION IMPACTS OF PLAN Urban renewal plan activities are aimed at alleviating traffic, parking and pedestrian safety problems, at repairing and redeveloping property within the area, and at upgrading lighting, streets, sidewalks, open space conditions and providing new or upgraded infrastructure in the Renewal Area. The Urban Renewal Plan is expected to facilitate planned, orderly growth as anticipated in the Eugene-Springfield Metro Area General Plan and Downtown Refinement Plan. The Plan is not expected to result in a need for any additional police, fire, or other emergency services beyond those already contemplated by the City and other service providers. The Renewal Area boundary includes some proposed housing development. Carrying out the Renewal Plan is expected to result in slight population growth in Downtown. But that growth is included in the overall population growth of the City of Springfield over the next 20 years and the fiscal impacts are not significant relative to growth in other parts of the much larger Springfield city limits. And therefore, carrying out the Plan is expected to have no impacts on Springfield School District 19, given the Downtown Urban Renewal area's small size relative to the size of Springfield School District 19. Carrying out the Renewal Plan is not expected to have any additional impact on water and sewer service needs, since the utilities' planning include providing services to these and other utilities in the urban renewal area. Project activities are not expected to require the relocation or removal of any residential or commercial properties by the renewal agency. Carrying out the renewal plan will require the use of tax increment revenues. The tax impacts of the renewal plan are discussed in detail in Section 500 D of this report. The Downtown Urban Renewal Plan is expected to produce positive fiscal and service impacts for downtown. Among the public benefits of the renewal plan are: . Street and circulation improvements will improve public safety and convenience. · Infrastructure improvements will provide better utility service and decrease public maintenance costs · New businesses will provide additional shopping convenience and reduce vehicular trips and time. . New development will enhance the river experience. · Rehabilitation programs will preserve and renew properties in, and around, downtown commercial areas along Main Street and South A. · An increase in construction expenditures and purchases in the Urban Renewal area will create secondary jobs. · The urban renewal plan will help the City of Springfield fund a number of projects listed in the City's Capital Improvements Program in the Downtown Refinement Plan for the urban renewal plan area. · The urban renewal plan will develop the opportunity areas along the Mill PondlRace, currently without suitable streets, public access or infrastructure for tourism, mixed commercial-residential, or other major development by providing Down/own Urban Renewal Plan-Report 15 September 15, 2007 Date Received: Planner: MM !1Jl/lJ7 , I urban standard roads, supportive urban services and utilities, area-wide storm drainage systems, and allowing public access and protection of the waterfront areas. The public and private investments made in the urban renewal area are likely to encourage new investment in adjacent areas. The value thus created can not be quantified, but observation of renewal programs around the state indicates that there are spillover investment effects from a successful renewal program. There are other positive effects of a renewal program that do not lend themselves easily to quantification, for they are quality of life issues. Maintaining Main Street and South A as the primary arteries of the area, improving housing, expanding cultural, and shopping opportunities within the area, and improving the appearance of downtown, all have value to this area's sense of community. In fact, these qualities have been expressed as important community values and directly influenced creation of this renewal plan and its projects. The expenditure of tax increment funds is expected to produce new property values for the City of Springfield. The renewal project is estimated to be completed by the year 2027. During that period, property values in the renewal area are expected to increase by approximately $322 million. At current property tax rates, the new property values anticipated in the renewal area will contribute over $4.3 million in property tax revenues in the first year after the project is ended. Of that revenue, approximately $1.5 million will return to the City of Springfield. That property tax revenue will continue to grow thereafter as a result of increases in annual assessments. 300. REASONS FOR SELECTING THE URBAN RENEWAL AREA The Urban. Renewal Plan Area was selected based on Downtown Refinement Plan and the Eugene Springfield Metro Area General Plan goals, objectives, and policies and on the existence of blighting conditions within the area. The project area evidences the following characteristics of blight: . A lack of proper utilization of land planned for tax producing purposes. . Deficiencies in streets, curb, sidewalk, water and sewer services in the project area. . Deficiencies in public recreation and open space opportunities. . Poor visual and aesthetic conditions, contributing to a low level of investment in the project area. . Poor building conditions in the project area. . A prevalence oflow values and lack of investment in the project area, and reduced tax receipts resulting there from. Conditions within the Renewal Area exist and satisfY the definitions of blight in ORS 457.010. Treating and curing these conditions are reasons for selecting this renewal area. Downtown Urban Renewal Plan-Report 16 September 15, 2007 Date Received: (~I tfJ Planner: MM 400. RELATIONSHIP BETWEEN PROJECT ACTIVITIES AND EXISTING CONDITIONS IN THE DOWNTOWN URBAN RENEW ALAREA I. Streets will be improved throughout the renewal area. 2. Infrastructure and utilities will be improved in the renewal area. 3. Improvements to parks, public buildings, and open spaces will treat deficiencies in those areas. 4. Parking improvements will make it easier for tourists and visitors to shop, or take advantage of recreational opportunities, thereby encouraging expenditures and new investments in the area. 5. Streetscape activities will improve the visual appearance of the area, and provide a better climate for new investment in the project area. 6. Assistance for rehabilitation and new development will attract new investment to the area, and improve the building conditions and blighted appearance of the area. 7. Administration and planning activities will assure the plan is carried out effectively and in conformance with applicable managerial and fiscal requirements. 500. FINANCIAL ANALYSIS OF PLAN 500A. ESTIMATED PROJECT COST AND REVENUE SOURCES Table 6 shows the estimated total costs of the Downtown Urban Renewal Project. These costs are the total anticipated costs, allowing for 5% inflation during the life of the project. The principal method of funding the project share of costs will be through use of tax increment financing as authorized by ORS 457. Revenues are obtained from anticipated urban renewal bond proceeds and the proceeds of short term urban renewal notes. Table 6 shows that the total costs of project activities to the Urban Renewal Agency are estimated at $25,020,000 in 2007 dollars. A 5% annual inflation is assumed for the project costs. The Maximum Indebtedness authorized under this plan is $43,010,000. This amount is the principle of such indebtedness and does not include interest or indebtedness incurred to refund or refinance such indebtedness. The capacity for urban renewal bonds is based on projections of urban renewal revenues. Anticipated annual revenues are shown in Table 7 of this Report. Table 7 anticipates there will be 6 long-term bond issues during the life of the plan. Bonds will be issued as revenues, project requirements, and overall bond market conditions dictate. In addition, the Renewal Agency will apply for, and make use of funding from other federal, state, local, or private sources as such funds become available. Downtown Urban Renewal Plan-Report 17 September 15, 2007 Table 6. Proposed Downtown Urban Renewal Projects Augusl31. 2007: Estimated Costs and Complelion Dates Proiect A. ~trH't C"'r~ru('tw-n ar.l'I [:i.r(' ('llllItinf\lmprnv,.menh South A & Mam SlTeet CouP et hf~m and ConstructIqp Nonh A "Civic Street" Curb and S ~'\W IrpDrovemenls Do}VllJ~wn District Pedestrian leve!' ei Lid11in~ Pedestrian Corridor Imorovements R '.rrn'fru3urfand Utili!ifS l"Jno;..ov'lments Uulllv Uir.Je~ undlm~ and/or l\.e:1ocatlon PrOJects Stonnwa er Sys em mDTOvemenls c. Puhlit: FJI("ilitie, SDrindield LibJVY Building ~wntown Parking Slructure wntown Off-Street Surface Parkinlit Construction and Rehabilitation t Public Art Is;] PJ Facilities Ullvaflj,:S and Exoansions (Includine: Parking) Federall" QupJified Health Center SP?inwfield Museum Main Street Dual Use Parkinl!!Civic Plaza (Between Museum and Arts Center) Public Performance Space Improvements D. Park~. Ret'reation. Pefledrian llInd Rikt'! Corridors Jlnd Otht'!r Ampnitips ~wnfown Millrace Access, Restoration. and ImoJovements wn own Parks ~'F}qvmenl f}d Imorovemenfs wn own .F-f1I~~ . Gale~aY InlProvements Down Own J1ub iell vate SIMaEe lmorovements ~treclt,Jpen Space Tree PrOgram L~pradH to Fir~ ProtN'tioo Rod F.mpr&.fn('v R~~nonse SYStem rFifCStation Relocation I I I F. RHtevplonmpnt orComm~rdat ResidrntiaL Inrludrial- et('. ThroutID New Convnlctif)n Downtown R.edevelooment Assislance PrOlU'am (New Construction) G. prr:spry'''.I'J~' R.rhahilit$lltion. and[on'loervation ~wn own IlUl 2 FaCa<\'J"lPl'IJtI'lfPI 'J""f1"" . 'fVO .0\)11 Resto. ion and ehabi itauon ~und I Islone Vrescrva Ion 1-1. Property Al'Quisition and DisDosition I. T~('hni(,JlI, Finan('isl anrl n~if'n Plan(,l J. P};o", Art!"ini,!rll!io!, sla..tlT"ng and ~upoort Services K. Proip('f (rlps'" Rf'QlJirin~ Exnansion of Current Boundaries South Mill PondlRace Annexations (Improvements may be made without annexation or boundarv exoansion if outlined in Plan and 8Doroved by Lane COlmly) TOTAL ESTIMATED PROJECT COSTS Note: Cost estimates are in 2007 dollars. Downtown Urban Renewal Plan-Report 18 .Jate Received: /41?f,,,,? Planner: MM ~ Expected Completion SEOA Share ~ ~)iFi 51.300.000 5500.000 ~ S1fl~!- 2025 S~~~I_ 53. . 525.000 5500.000 51.000.000 5150.000 5100.000 575.000 5250.000 I 2021 S2!\iilb'l i $600.000 I 5500.000 I 550.000 I 5100,000 I I 2025 S~:~i I ~2 Slf~m- I 2018 $2J~11 5. . I $400.000 I I Nt"l $01 2011 $'3&r~%81 I 2028 S1.7~~i 51.1 . I $50.000 550.000 $25.020.000 SEDA Share. September 15, 2007 .' Date Received: Planner: MM /t>/v/t57 I I 500B. ANTICIPATED START & FINISH DATES OF PROJECT ACTIVITIES The project activities shown in Table 6 will begin in 2008. The sequencing and prioritization of individual project activities shown in Table 6 will be done by SEDA and any citizen advisory bodies that SEDA calls upon to assist in this process. The priority of projects and annual funding will be as established in the annual budget process. Completion dates for individual activities may be affected by changes to local economic and market conditions, changes in the availability of tax increment funds, and changes in priorities for carrying out project activities, especially with public partners like Willamalane Parks District, School District 19, Lane County, the Oregon Department of Transportation and others. It is estimated that all activities proposed in this plan will be completed and project indebtedness paid off by 2027. At that time, the tax increment provisions of this plan can be ended. 500C. ESTIMATED EXPENDITURES AND YEAR OF DEBT RETIREMENT It is estimated that the Downtown urban renewal district will collect tax increment revenue between the years 2008 and 2027. It is estimated that the district will produce $46.19 million in tax increment receipts in that period. These funds will be utilized to finance project activities and pay debt service costs, including interest, associated with undertaking these project activities. It is anticipated that available project revenues and funds accumulated in a special fund for debt redemption will be sufficient to retire outstanding bonded indebtedness in the year 2028 and terminate the tax increment financing provisions of the project. After all project debt is retired and the project closed out, it is estimated that there will be surplus tax increment funds. These funds will be distributed to taxing bodies affected by this plan, as provided in ORS 457. Table 7 of this Report shows the anticipated tax increment receipts for each year of the project and the use of those receipts. Table 7 follows on the next pages. Downtown Urban Renewal Plan-Report 19 September 15, 2007 .' Date ReceiVed:_ID~!" 7 Planner: MM Table 7. Cash Flow Table Relating to $25.02 Million in Project Expenditures - 2008 to 2013 Resources and Requirements a. Resources 2008-09 2009-10 2010-11 2011-12 2012-13 Beginning Balance 0 $2,435 $29,305 $56,863 $186,363 Resources A. Tax increment Revcnue 37,064 272,008 522,334 573,762 889,086 B. Bond Proceeds long term $0 $1,635,784 $0 $0 $3,635,076 C. Interest $371 $19,078 $5,223 $5,738 $45.242 Total Resources $37,435 $1,929,305 $556,863 $636,363 $4,755,766 b. Project Requircments To Long term Debt Service $0 $225,000 $225,000 $225,000 $725,000 Projects funded long and short debt $35,000 $1,675,000 $275,000 $225,000 $3,800,000 Total, projects and Debt Service $35,000 $1,900,000 $500,000 $450,000 $4,525,000 Endinl! Balance $2,435 $29,305 $56,863 $186,363 $230.766 Downtown Urban Renewal Plan-Report 20 September 15, 2007 Date Received: / t? / -vI'" / Planner: MM I . Table 7 Cont. Cash Flow Table Relating to $25.02 Million in Project Expenditures - 2013 to 2018 Resourccs and Requiremcnts a. Rcsourccs 2013-14 2014-15 2015-16 2016-17 2017-18 Bcginning Balance $230,766 $272,541 $289,337 $322,526 $356,731 Resourccs A. Tax incremcnt Revenuc 1,353,242 1,427,521 2,235,830 2,596,861 2,911,120 B. Bond Procecds long tcrm $0 $0 $0 $10,299,381 $0 C. Intcrest $13,532 $14,275 $22,358 $128,962 $29,111 Total Resourccs $1,597,541 $1,714,337 $2,547,526 $13,347,731 $3,296,962 b. Projcct Requirements To Long term Debt Service $725,000 $725,000 $725,000 $2,141,000 $2,141,000 Projects funded long and short debt $600,000 $700,000 $1,500,000 $10,850,000 $750,000 Total, projects and Debt Service $1,325,000 $1,425,000 $2,225,000 $12,991,000 $2,891,000 Endinl!: Balance $272,541 $289,337 $322,526 $356,731 $405,962 Downtown Urban Renewal Plan-Report 21 September 15, 2007 .' Date Received: Planner: MM II) /1/ I/)7 { I Table 7 Cont. Cash Flow Table Relating to $25.02 Million in Project Expenditures - 2018 to 2023 Resources and Requirements a. Resources 2018-19 2019-20 2020-21 2021-22 2022-23 Beginning Balance $405,962 $448,484 $512,551 $547,011 $585,250 Resources A. Tax increment Revenue 3,028,240 3,148,581 3,469,092 3,601,556 3,737,663 B. Bond Proceeds long term $0 $0 $3,346,545 $0 $0 C. Interest $30,282 $31,486 $68,156 $36,016 $37,377 Total Resources $3,464,484 $3,628,551 $7,396,344 $4,184,583 $4,360,289 b. Project Requirements To Long term Debt Service $1,916,000 $1,916,000 $2,749,333 $2,249,333 $2,249,333 Projects funded long and short debt $1,100,000 $1,200,000 $4,100,000 $1,350,000 $1,450,000 Total, projects and Debt Service $3,016,000 $3,116,000 $6,849,333 $3,599,333 $3,699,333 Ending Balancc $448,484 $512,551 $547,011 $585,250 $660,956 Downtown Urban Renewal Plan-Report 22 September 15, 2007 " Date Received: 1_1"./1>7 Planner: MM fUtT- Table 7 Cont Cash Flow Table Relating to $25.02 Million in Project Expenditures - 2023 to 2027 Resources and Requirements a. Resources 2023-24 2024-25 2025-26 2026-27 Beginning Balance $660,956 $227,911 $343,623 $354,167 Resources A. Tax increment Revenue 3,877,513 4,021,209 4,168,856 4,320,564 B. Bond Proceeds long term $0 $5,020,090 $0 $0 C. Interest $38,775 $90,413 $41,689 $43,206 Total Resources $4,577,244 $9,359,623 $4,554,167 $4,717,936 b. Project Requirements To Long term Debt Service $2,249,333 $3,416,000 $2,000,000 $0 Projects funded long and short debt $2, I 00,000 $5,600,000 $2,200,000 $3,500,000 Total, projects and Debt Service $4,349,333 $9,016,000 $4,200,000 $3,500,000 Ending Balance $227,911 $343,623 $354,167 $1,217,936 Down/own Urban Renewal Plan-Report 23 September 15, 2007 " 500D. IMPACT OF TAX INCREMENT FINANCING Date Received: Planner: MM / ~/ tlb7 { . The passage of Ballot Measure 50 (BM50) has changed Oregon's property tax system, and the impacts of urban renewal on taxpayers, and other taxing bodies. Prior to BM50, collection of tax increment revenues for a renewal agency resulted in an increase in the taxpayer's property tax rate. Taxing bodies suffered no revenue losses, unless there was overall compression of property tax revenues. Revenues Foregone by Affected Taxing Bodies Table 8 shows the anticipated cumulative incremental values in the Renewal Area over the life of the Plan and the anticipated property tax revenues foregone as a result of taxing bodies not being able to apply their permanent BM50 tax rates to those values. Present Value of Revenues Foregonc Table 8, the revenues foregone, provides a Present Value calculation of the revenue foregone over a twenty year period. In this calculation, the annual revenues foregone by the taxing bodies are discounted by 3.5%. That produces a lower, realistic picture of the present day revenues that might be foregone by the taxing bodies over the life of the plan. Two additional notes should be made about revenues foregone by affected taxing bodies. One, Tables 8 and 9 both assume that all the new values in the Downtown Renewal Area would occur, even without the investment of urban renewal funds. It is more realistic to assume that the public expenditures on renewal activities will have some effect on the growth of values within the urban renewal area. If one makes that assumption, some of the values which are used to calculate revenue foregone would not materialize at all. This assumption is not made, here, but if it were used, it would further reduce the revenues foregone by the affected taxing bodies. Two, some will look at the total revenues foregone, and assume that the total shown is lost immediately. As the revenue foregone tables show, these,revenues are foregone annuallv. over an extended period of time, not all at once. Given the size of the total budgets of the taxing bodies, the annual revenues foregone usually represent only a minor percentage of their total budgets. Impact on Schools School and ESD revenue foregone is replaced dollar-for-dollar by State funds, and does not affect per student funding Downtown Urban Renewal Plan-Report 24 September 15, 2007 " Date RecejVed:..i~I-l:./, 7 Planner: MM Financial Impact of Plan after Indebtedness is Repaid, When all the projects contained in the Urban Renewal Plan are completed, an estimated $321. 7 million in assessed values will be placed back on the tax roll. In the following year, property tax revenues generated by those values are estimated to be approximately $4.32 million. The tax impact on each of the overlapping taxing bodies is shown in Tables on the following pages. Table 8. Taxes Foregone by Affected Taxing Bodies Draft Plan - $25.02 Million in 2007 cost Estimated Revenue foregone 19 Year Period Will Park & lane Countv Sofld Rec S019 ESO LCe Tax rate Tax Rate Tax Rate Tax Rate Tax Rate Tax Rate 1.2726 4.7203 1.9647 4.6412 0.2233 0.6165-1 Cumulative New Incremental Foregone On Foregone On Foregone On Foregone On Foregone On Foregone On Year Values in area New Values New Values New Values New Values New Values New Values 20081 $2,759,801 1 $3,512 $13,027 $5.422 $12,809 $616 $1,701 20091 $20,253,797 1 $25,775 $95,604 $39,793 $94,002 $4,523 $12.486 201~ I $38.893,078 1 $49.495 $183,587 $76.413 $180,511 $8,685 $23,978 2011 $42,722.439 1 $54,369 $201,663 1 $83,937 $198,283 $9,540 $26,338 2012 1 $66,201,5071 $94,248 $312.491 1 $130,066 $307,254 $14,783 $40,813 20131 $100,762,650 $128.231 $475,630 I $197.968 $467,660 $22,500 1 $62.120 2014 1 $106,293.424 1 $135,269 $501,737 I $208,835 $493,329 $23,735 1 $65,530 20151 $166.460,294 1 $211,863 $785,837 I $327,084 $772,668 $37,175 I $102,835 20161 $193,362,704 I $246.D73 $912,730 I $379,900 $897.435 $43,178 I $119,208 20171 $216,762.479 I $275,852 $1,023,184 I $425,873 I $1,006,038 $48.403 I $133,834 20181 $225.483,249 1 $286,950 $1,064,349 I $443,007 1 $1,046,513 $50,350 I $139,010 2019 I $234,443.839 I $298,353 $1,106,845 I $460,612 I $1,088.101 $52,351 $144,535 2020 I $258,309,146 I $328,724 $1,219,297 I $507,500 1 $1,198,864 $57,660 $159,248 2021 I $268,172,449 I $341,276 $1,265,854 I $526,878 I $1,244,642 $59,883 $165.328 2022 I $278,306,993 I $354.173 $1.313.692 I $546,790 I $1.291.678 $62.146 $171,576 20231 $288,720.236 I $367.425 $1,362,846 I $567,249 I $1,340.008 $64.471 $177,996 2024 1 $299.419,844 I $381,042 $1.413,351 I $588,270 I $1,389,667 $66,860 $184,592 20251 $310.413,691 I $395,032 $1.465.2461 $609,870 I $1,440,692 $69,315 I $191,370 20261 $321,709,869 I $409.408 $1,518,567 $632,063 I $1.493,120 $71,838 I $198,334 Total $3,967,663 $14,716,770 $6,125,466 $14,470,155 $696,196 $1,922,100 PV @3.5% $2,388,675 $10,438,743 $4,344,850 $10,263,816 $493,818 $1,363,364 Note: School and ESO revenue foregone is replaced dollar-for-dollar by State funds, and does not affect per student funding. PV = Present value of the revenue foregone. This adjusts future dollars to 2007 dollar totals. Downtown Urban Renewal Plan-Report 25 September 15, 2007 " 500E. FINANCIAL FEASIBILITY OF PLAN Date Received' /olz-~7 Planner: MM ' Table 8 in Sectiori 500 of this Report to the Plan shows the estimated costs of project activities at $25.02 million. Table 9 provides additional details pertaining to how costs were estimated. The principal source of revenue to carry out project activities will be annual tax increment revenues of the Renewal Agency. Anticipated tax increment revenues are shown in Table 8. The tax increment revenues shown in Table 8 are based on the following assumptions: The revenues shown in Table 8 are expected to be sufficient to carry out all project activities currently shown on the Urban Renewal Plan, and to retire project indebtedness within a 2 I-year period. It is financially feasible to carry out the Urban Renewal Plan for the Downtown Urban Renewal Area. 600. RELOCATION 600A. PROPERTIES REQUIRING RELOCATION No relocation is anticipated at the adoption of this plan. 600B. RELOCATION METHODS If in the implementation of this Plan, persons or businesses should be displaced by action of the SEDA, the Agency shall, as required by law, provide assistance to such persons or businesses to be displaced. Such people and businesses displaced will be contacted to determine their individual relocation needs. As required, they will be provided information on available space and will be given assistance in moving. All relocation activities will be undertaken and payments made in accordance with the requirements of ORS 281.045 - 281.105 and any other applicable laws or regulations. Relocation payments will be made as provided in ORS 281.060. 600C. HOUSING COST ENUMERATION The Downtown Urban Renewal Plan does not anticipate removing existing housing units. New housing is expected to be developed in the mixed use zones of the Urban Renewal Plan Area. A portion of units are expected to be rental housing units for low- to moderate-income residents. In addition, private development may build upwards (allowed under existing plan designations and zoning and at an average density of 15 units per acre). These would likely be priced for sale or rent to upper middle and upper income households as described in recent housing market analyses. . Downtown Urban Renewal Plan-Report 26 September 15, 2007 .f Date Received: Planner: MM Table 9. Project Estimating Detail (Reflects Detail From Table 6) Ib/~(tJ7 ( . A B c o E 1 Table 2a: r..TP~fItJ tlP~PWIJ Urban Renewal PrQiects 12 _s.!<Jlf7; g;~~MllWroieoon[>'tes r I I : ~ PRoJECT - Ic:~~ I ~ ~111~1 r 5 I I J I 6 A..~C'--OrL5Imdiott.nd(j1Tll1atioa...llll =+ 2021 S5..OOO. ,ooo+- S11.,m,.ggg,_ 516.990,0001 I 7 South A & Main -~ CoIfD'd R.edeien and Coo..<Uudion $2?-W {Ul !6 MO 000 ht ::!:,Ci~;r~","t~~,.s;;:.~gbri",,' .. - ~{oOb~ m~.Q<!J~ I rW~Cari... .--'- . - m - $OOOm : ;~ ~<<:S:iru;j;;~~ - = -s~=~:~ ~~L S5.820.~ l ~: SlCK111waf~. wmt -- _-5 _ _ _ ~~OOJI ~1-1~~~-L- _ ll~ ~~~J~'~' ,I din, -_' _ 21125 1l:~:L SltM!.~ ,'827So.lO f18 IAAwtown ng ;::(lJre $3.000,000 $.'iQ[\[lOO(l 119 Ihwlown ~~. ....r:lCeP:rlinI!~onandRchal2iljtation ~~,~ SiOO.eM 20 UJwnlown ic Art _ _ $500,000 S5OO.000.+- 21 IslandParkFacilitics~andExoa1silXlSilncludin2Parking S\l;mm S3,CXXlQOO ~ >:.~~\\,t'fi.:"H."j~~I~ _ - _ __$.;~m; -$1350~ 124 ~~~lfsePa-king(CiviCPl~~MuseumandArtsCentcr) 175.000 S75.000...l-- I 25 Public Pafoonance Sooce Ill1Df"O\IefllClts ~50.000 $150,000 ~ . - - I . 1- I t*'~:.'tlrl=:LP:::;;::~:''';t;';:::.:;;:''"''''-~ - ~~mJm:m 129 po.n!"""~~:""l""'~" - i=- ~,OOO $200,000 I 30 ~own ~r(FFIGaf~ l"l~ts _ S5M.txXl $750,000 ~E~~~:~~~,,'m_" ~ _ I _~:ml _o:~ a<I ~JP-l'irr--Pro~ QWJ",CRQ 11.~,QW 35 F.;:es..;""~,1_",, -=- - - - =-$3.~,!J!il) !i'WO./lM'_ I : " R...._~n;"'""''"(rnm~m., R...;.~".I ''''ud'';,! ..., Th~,~h Now i ,=1=- .. 400 0001 SlI.3lIll.~ : !;::.~<d=I"""""'~Plwrnm"';~"") --+ = -~M~I"'460'OOOm'~ 140 ~'"'I-J"""hil pnn ....r.,. - 1-2lrni sU5ll.l!lO-~ $10.1OllJlllo 41 ~'\.llWlln~F:::J,.~","_..I..~_ t- - _$250,000 -'$750. 42 ~~orntl()II::lRehabilit:ltl()ll~:r"- _~ooo,~_ $5,800.000 I. ~.OOO $900,000 . I I ~ 1_ Prn.....rtv ^<</uisiJinn Jlnd Ili~_ l!UA SO SO ~ 1- - I ':...+= : JJ.....n'~! "'n..ci>I............"'.nlo\ $f 2Qjj- - Imm-~:~ $800.000 I ~ 1~_".nA<J~"nn ~ - -017000001 _Sill $17OOiiOO 1~1~:IMnIL~ _Servires _ __ S~700,~~ ~~~::~_::~l,,"""''''thoot- II -~-I smoooL--..:::(_~ annexatioo oc boundary cxpwsioo if outJined in Jh1 and ~ by Lane ~~) _ $100,000 $200000 i56 DTALESTl.....1EDPRWECTCOSTS : ~~ 58 _ _ I ~ S46 840 000. $71 860000 : Note: Cost estimates are In 2007 doUars. I Share ~~'~te..o.~ - S4..12S.1lflll S5.500.~ _Ill Downtown Urban Renewal Plan-Report 27 September 15, 2007 . , Date Received: Planner: MM APPENDIX 1 I~/~'Z;'q . ; / . ~ a a ~ ..., Q / @iI 21st It- a /~ ~ 8 ~ ,., ( -q ..!) (!) 1l OJ - u .;:: li 'IU,_ e JA ~ c: CIl iii tz: - .. 8 Iii -1 Q l!i -e q ::l 1"1 .,J ... .. CIl Ii .c - . c:: .c "" l 3: -e ~ L~ III ::I a: ttlo'.* III c:: \fII' CIl N () q l"l l"l -- ~ '" f 9- ~ ~ Ie ~ ~ o ~ l .:< ~ u c: c: ~al'l! ODD Downtown Urban Renewal Plan-Report 28 September 15, 2007 ~I Date Received: Planner: MM Proposal to form the Springfield Downtown Urban Renewal District Staff Report /olt- /0 7 October 2, 2007 I. Executive Summary ORS 457.085(4) states, "An urban renewal plan and accompanying report shall be forwarded to the planning commission of the municipality for recommendations, prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095." The statute does not provide specific criteria for the Commission to use in evaluating the Draft Downtown Urban Renewal Plan (plan) or the Draft Downtown Urban Renewal Report (Report). ORS 457.095 does list certain determinations and [mdings that must be included in the adopting ordinance that will be acted upon by the City Council. These determinations and findings must conclude: 1. The urban renewal area is blighted; 2. The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; 3. The urban renewal plan conforms to the comprehensive plan and economic development plan, ifany, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes; 4. Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing; 5. If acquisition of real property is provided for, that it is necessary; 6. Adoption and carrying out of the urban renewal plan is economically sound and feasible; and 7. The municipality shall assume and complete any activities prescribed it by the urban renewal plan. . Staffhas reviewed the Plan and Report with respect to the elements found in ORS 457.495 and concludes that they provide a sufficient basis for the City Council to make the determinations and findings found in the statute. n. Procedural Requirements ORS 457.095 does not specify notice requirements or other procedural requirements for the Planning Commission review of the urban renewal plan and report. The statute does not even require that the Planning Commission review include a public hearing. A public hearing is required by the statute as part of the City Council's review and adoption proceedings. . The Planning Commission, in its capacity as the Committee for Citizen Involvement, reviewed and approved a citizen participation program that included opportunities for the public to comment on the urban renewal plan. Outreach for public involvement in advance of the October 2nd, Planning Commission hearing has included: Downtown Urban Renewal Plan and Report Staff Report Attachment 3-1 I , .) , Date Received: /D /..107 Planner: MM ~ . A direct mailing to all p.up....;j owners and residents in the urban renewal district describing urban renewal and inviting them to the "Town Hall" meeting on September 20. Two "Town Hall" meetings that were publicized with display ads in the Register Guard (August 7, September 20). Handouts were distributed at these meetings highlighting the Planning Commission hearing on October 2 and other opportunities to comment on the Plan. Placing of information about the Plan and Report on the City website and the Planning Division website. Meetings with the staff and elected bodies of the affected taxing bodies within the district. Presentations to the Chamber of Commerce, Lions Club and other community organizations. Handouts were distributed at these meetings highlighting the Planning Commission hearing on October 2 and other opportunities to comment on the Plan. Media stories in the Register Guard and Springfield Beacon. Display ad in the Register Guard, publicizing the Planning Commission hearing on October 2. . . . . . . ill. Determinations and Findings Specified by ORS 457.095 1. The urban renewal area is blighted; Addressing blight is central to the purpose of urban renewal districts. The Oregon Revised Statutes (ORS 457.010) defines "blight" as follows (underlining is added for emphasis, and numeration is added for clarity): "Blighted areas mean areas which, by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, are detrimental to the safety, health or welfare of the community. A blighted area is characterized by the existence of one or more of the following conditions: 1. 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 anyone or a combination of the following conditions: a) Defective design and quality of physical construction; b) Faulty interior arrangement and exterior spacing; c) C "...~. ~ ... ding and a high density of population; d) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; e) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses; . f) An economic dislocation, deterioration or disuse of t'. "t'oo~; resulting from faulty planning; Downtown Urban Renewal Plan and Report Staff Report 2 3-2 .., Date Received: /~ /-z. ~I Planner: MM ~ . g) The division or subdivision and sale of 1" ut'..;j or lots of irregular fonn and shape and inadequate size or dimensions for t"~t'~..j usefulness and development; and h) The laying out of t',ut'-,;j or lots in disregard of contours, drainage and other physical characteristics of the terrain and surrounding conditions; 2. The ~xistence of inadequate streets and other rights-of-way, open spaces and utilities; 3. The existence of 1" ut'~,.j or lots or other areas which are subject to inundation by water; 4. 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; 5. A growing or total lack of t'.ut'~, utilization of areas, resulting in a stagnant and unproductive condition ofIand potentially useful and valuable for contributing to the public health. safety, and welfare; or 6. A loss of population and reduction of 1" ut'~, 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. n Note that it is not necessary for each of the cited conditions to be present in the renewal area, or that these conditions are prevalent in each and every sector of the urban renewal area. Findings: 1. A survey of buildings in the downtown core area in 2004 revealed that 59% of downtown structures fit the Department of Housing and Urban Development's (HUD) criteria for blight. This is significantly higher than the threshold required to qualify for HUD's Community Development Block Grant (CDBG) program designation as a blighted area. The condition of some of these t',uy~,;':es may make it economically infeasible to rehabilitate or repair them. As a result, HUD "t'y.u led the designation of the downtown as a blighted area, enabling the area to qualify for special assistance under the CDBG program. 2. Recognition of blighted conditions within the downtown area goes back to the early 1980's. The 1984 "Downtown Tomorrow" report of the Springfield Downtown Commission, opens with this observation of conditions in the Downtown: "Downtown Springfield has needed revitalization for a long time. The jumbled mix of signs, vacant buildings, ragged patches of landscaping, crumbling sidewalks, and heavy vehicle through-traffic vividly portray a lack of care and a message of neglect. " Down/own Urban Renewal Plan and Report Staff Report 3 3-3 , ~ . Date Receivect: Planner: MM fO/t--/l>! I I 3. A windshield survey of the urban renewal area in 2007 shows the urban renewal area contains buildings in various states of disrepair including residential properties (along South Mill and South 18lb); commercial p.up...;;es (along Main Street and South A); and industrial p.up....:es (along South Mill). These buildings show evidence of extensive deterioration of roofing, siding, foundations, steps, and exterior trim. Repairing and maintaining downtown buildings is essential for the recovery of any historic district. 4. High vacancy rates and tenant turn-over have characterized the urban renewal area. Commercial lease rates today remain low compared to the remainder of the Eugene-Springfield market. This has made it difficult for property owners to maintain existing buildings and has worked against privately financed rehabilitation and redevelopment. This has contributed to the continuing deterioration and blight conditions in the downtown area. 2. The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; Findings: 5. ORS 457.010(5) links blight conditions such as the "lack of ..""..... utilization of areas, resulting in a stagnant and unproductive condition ofland" to public health, safety, and the welfare of the municipality. By this definition, remediation of blight promotes public health, safety and the welfare of the community. 6. The Plan and Report document the existence of blight in the urban renewal area. These documents also outline projects and expenditures that use redevelopment and rehabilitation to remove blight from the area. 3. The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes; The Eugene Springfield M..:"upulitan Area General Plan (Metro Plan) is the comprehensive plan guiding Springfield's development. The Metro Plan includes an "Economic Element" that describes policies for economic development. The Downtown Refinement Plan is a more detailed description of comprehensive plan policies for the Downtown area. It also contains an "Economic Element." The City has no adopted Economic Plan document. Policies found in the Metro Plan and Downtown Refinement Plan support efforts to keep the centra! business districts healthy and Sloppu. ~ using a variety of public financing mechanisms to help in those efforts. Downtown Urban Renewal Plan and Report Staff Report 4 3-4 . .J ' lte Received: t-'Ianner: MM /tJ/7.-/tJ7 / I Findings: 7. The Metro Plan, Economic Element Policy B.14, states: Continue efforts to keep the Eugene and Springfield central business districts as vital centers of the metropolitan area 8. The Downtown Refinement Plan, Economic Element Policy 3, states: The City shall maintain a variety of strategies and funding sources as incentives to development and redevelopment of the Downtown. lbis should include, but not be limited to: State Revolving Loan Funds; Industrial Development Revenue Bonds; Oregon Business Development Fund; state lottery funds; CDBG grants and loan programs; tax increment financing; local improvement districts; economic improvement districts; and, special assessment districts. Appendix 2 of the Plan contains numerous references to the Metro Plan, Downtown Refinement Plan and other planning documents that support many of the individual projects described in the Plan. 4. Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existingfederally subsidized housing; Finding: 9. The Plan and Report do not specify projects that would require relocation of persons. Section 1200 of the Plan (pg. 23) describes how the issue would be handled should relocation of individuals be required. Section 1200 states: "To the extent required by law, SEDA will provide relocation assistance to all persons or businesses displaced temporarily or permanently by project activities. As required, those displaced will be given assistance in finding replacement y.vy".;;es. As required, all persons or businesses which may be displaced will be contacted to determine specific relocation needs and will be provided information on available housing or commerciaVindustrial property as may be applicable, and will be given assistance in moving. All relocation activities will be undertaken and payments made in accordance with the requirements of ORS 281.045-281.1 05 and any other applicable laws or regulations. Relocation payments will be made as provided in ORS 281.060. Payments made to persons displaced from dwellings will assure that they will have available to them decent, safe, and sanitary dwellings at costs or rents within their financial reach. As required, payment for moving expenses will be made to residents and businesses displaced: SEDA may contract with Oregon D"y...;....ent of Transportation or other parties to help administer its relocation program." Downtown Urban Renewal Plan and Report Staff Report 5 3-5 uete Received: Planner: MM /0/-;'-/7 ) I I , J . 5. If acquisition of real property is provided for, that it is necessary; The Plan does not specifY any t'.vt'....;/ acquisitions and does not allocate revenues for property acquisition. The Plan reserves the right to acquire property, if needed, under the procedures detailed in Section 700 of the Plan. 6. Adoption and carrying out of the urban renewal plan is economically sound and feasible; and Charles Kupper, a consultant hired to assist the City with the preparation of the Plan and the Report has used data from the city and from the Lane Assessor's Office to complete the Tables 7, 8, and 9 in the Report (pages 21-27). These tables estimate cash flow, project revenues, project costs and the taxes foregone by taxing bodies over the life of the Plan. Section 500 of the Report provides a financial analysis of the Plan. The maximum allowable debt under the t'.vt'vsed 25 million dollar project budget is 43,010,000. The Plan balances the project costs and debt load with reasonable estimates of revenues (Table 7). The balance achieved demonstrated the general feasibility of the Plan. Actual project spending will depend on tangible revenues or resources available at the time of project initiation. 7. The municipality shall assume and complete any activities prescribed it by the urban renewal plan. The Plan lists categories of spending (Report Table 9, pg. 27) as well as specific projects. Spending will be restricted these categories and to the 25 million dollars in project costs , and the associated maximum indebtedness. Spending is generally limited to projects within the urban renewal boundaries and to the 25 million dollars in project costs listed in the Plan. Any significant amendment to the district boundary or to the 25 million dollar figure will require voter approval. Conclusion and Recommendation The findings and determinations contained in this ....t'u.; demonstrate that the Downtown Urban Renewal Plan and Report provide a sufficient basis for the City Council to make the required findings found in ORS 457.095. Staff recommends that the Planning Commission forward a recommendation to the City Council "t't"v ling the Downtown Urban Renewal Plan. Downtown Urban Renewal Plan and Report Staff Report 6 3-6 Chapter 457 - Urban Renewal , ..I . D;~"ReceiVed:/O/'V(.!:.) P~ I ofl8 Planner: MM Tbe text appearing in Ibis dablba,;e was produced from material provided by Ibe Legislative Counsel Committee of Ibe Oregon Legislative Assembly. Tbe official record copy is Ibe printed publisbed copy of Ibe Oregon Revised Sbltutes. Tbe text in tbe dablbase is not Ibe official text of Oregon law. A1tbougb efforts bave been made to matcb tbe dablbase teI! to tbe official legal teI! tbey represent, subsblntive errors or differences may remain. It is Ibe user's responsibility tn verify Ibe legal accuracy ofalllegal text. Tbe Legislative Counsel Committee claims .',,, ..:..ht protection in Ibose parts of Oregon Revised Statutes tbat are legally subject to copyrigbt proll:ctioo. Tbe State of Oregon is not liable for any loss or damage resulting from errors introduced into tbe materials supplied by tbe Legislative Counsel Committee, by a user or any tbird party, or resulting from auy defect in or misuse of auy searcb software, drivers or olber equipment. Hint: Use your browser's Find feature (usually found in tbe Edit meuu) to get to a section more quickly. Chapter 457 - Urban Renewal 2005 EDITION URBAN RENEWAL PUBLIC HEALTH AND SAFETY GENERAL PROVISIONS 457.010 Definitions 457.020 Declaration of necessity and purpose 457.025 Powers supplemental to other laws URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES 457.035 Urban renewal agencies; creation; ordinance to exercise powers; jurisdiction 457.045 Election of method of exercise of urban renewal agency's powers 457.055 Transfer of agency powers 457.065 Advisory board for housing authority acting as urban renewal agency 457.075 Termination of urban renewal agency 457.085 Urban renewal plan requirements; accompanying ....l'u..; contents; approval required 457.095 Approval of plan by ordinance; required contents of ordinance; notice 457.105 Approval of plan by other municipalities 457.115 Manner of newspaper notice 457.120 When additional notice required; to whom sent; content; notice by publication http://landru.leg.state.or.us/orsl45 7.html Attachment 4-1 9/2612007 ...Jate Received: Planner: MM Page 2 ofl8 /o/-z-Io) ( ( CI1!JPter 457 - Urban Renewal 457.125 Recording of plan upon approval 457.135 Conclusive presumption of plan validity 457.160 Exception to plan requirements for disaster areas 457.170 Urban renewal agency's powers in planning or undertaking an urban renewal project 457.180 Powers of urban renewal agencies in general 457.190 Acquisition of funds by urban renewal agency; maximum amount ofindebtedoess Note Bonded indebtedoess if project agreed to prior to S../....~ber 29,1991-1991 c.459 ~335e 457.210 Applicability of housing cooperation law to urban renewal projects; delegation of powers and functions 457.220 Plan amendment; limit on additional land 457.230 Disposition ofIand in urban renewal project; determination of value; obligations of purchaser or lessee; recordation 457.240 Tax status ofIand leased under an urban renewal plan 457.320 Municipal assistance under plan; assumption by agency of general obligation bond payments of municipality TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS 457.420 Plan may provide for division of property taxes; limits on land area 457.430 Certification of assessed value of property in urban renewal area; amendment 457.435 Property tax collection methods for existing plans; special levies 457.437 Consultation with municipalities; resolution requirements 457.440 Computation of amounts to be raised from property taxes; notice; rules 457.450 Notice to tax assessor; provision for debt retirement; distribution of remaining tax increment funds 457.460 Financial report required for agency; contents; notice GENERAL PROVISIONS 457.010 Defmitions. As used in this chapter, unless the context requires otherwise: (1) "Blighted areas" means areas that, by reason of deterioration, faulty planning, inadequate or l......t'.v.t'tT facilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, are detrimental to the safety, health or welfare of the community. A blighted area is characterized by the existence of one or more of the following conditions: (a) The existence of buildings and structures, used or intended to be used for living, commercial, industrial or 4-2 http://landru.leg.state.or. uslorsl457 .html 9/26/2007 Datl ~ceived: //1- J 01 Planner: MM ~ other purposes, or any combination of those uses, that are unfit or unsafe to occupy for those purposes because of any one or a combination of the following conditions: (A) Defective design and quality of physical construction; (B) Faulty interior arrangement and exterior spacing; (C) (h...~.v.vding and a high density of population; (0) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; or (E) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses; . (b) An economic dislocation, deterioration or disuse of ....v......:! resulting from faulty planning; (c) The division or subdivision and sale of ....v......:; or lots of irregular form and shape and inadequate size or dimensions for property usefulness and development; (d) The laying out 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 areasthat 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 stainant and unproductive condition of land 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 deterioration and added costs to the taxpayer for the creation of new public facilities and services elsewhere. (2) "Certified statement" means the statement .........'-..rl and filed pursuant to ORS 457.430 or an amendment to the certified statement prepared and flied pursuant to ORS 457.430. (3) "City" means any incv....v."ted city. (4) "Consolidated billing tax rate" means: (a) If the urban renewal plan is an existing urban renewal plan (other than an existing urban renewal plan designated as an Option Three plan under ORS 457.435 (2)(c)) or an urban renewal plan adopted on or after October 6, 200 I, the total of all district tax rates used to extend taxes after any adjustment to reflect tax offsets under ORS 310.105, but does not include any rate derived from: . (A) Any urban renewal special levy under ORS 457.435; (B) A local option tax, as defined in ORS 280.040, that is approved by taxing district electors after October 6, 2001; or (C) A tax pledged to repay exempt bonded indebtedness (other than exempt bonded indebtedness used to fund local government pension and disability plan obligations that, until funded by the exempt bonded indebtedness, were described in section 11 (5), Article XI of the Oregon Constitution), as defined in ORS 310.140, that is ""'1" v led by taxing district electors after October 6, 2001; and (b) In the case of all other urban renewal plans, the total of all district ad valorem l"v......:; tax rates used to extend taxes after any adjustments to reflect tax offsets under ORS 310.105, except that "consolidated billing tax rate" does not include any urban renewal special levy rate under ORS 457.435. (5)(a) "Existing urban renewal plan" means an urban renewal plan that provides for a division of ad valorem ....vp...:; taxes as described under ORS 457.420 to 457.460 adopted by ordinance before December 6,1996, that: . (A) Except for an amendment made on account ofORS 457.190 (3) and subject to paragraph (b) of this subsection, is not changed by substantial amendment, as described in ORS 457.085 (2)(i)(A) or (B), on or after December 6,1996; and (B) For tax years beginning on or after July I, 1998, includes the limit on indebtedness as described in ORS 457.190 (3). (b) If, on or after July I, 1998, the maximum limit on indebtedness (adopted by ordinance :-..Iv... July I, 1998, pursuant to ORS 457.190) of an existing urban renewal plan is changed by substantial amendment, then "indebtedness issued or incurred to carry out the existing urban renewal plan" for purposes of ORS 457.435 includes only the indebtedness within the indebtedness limit adopted by ordinance under ORS 457.190 (3)(c) before July I, 1998. Chapter 457 - Urban Renewal Page 3 of18 4-3 http://Iandru.leg.state.or.us/orsl4 57 .html 9(26(2007 ,Cluapter 457 - Urban Renewal Date Receiv '. /O/-Z/D J I Planner: Mfv, Page 4 of 18 (6) "Fiscal year" means the fiscal year commencing on July I and closing on June 30. (7) "Governing body of a municipality" means, in the case of a city, the common council or other legislative body thereof, and, in the case of a county, the board of county commissioners or other legislative body thereof. (8) "Housing authority" or "authority" means any housing authority established pursuant to the Housing . Authorities Law. (9) "Increment" means that part of the assessed value ofa taxing district attributable to any increase in the assessed value of the property located in an urban renewal area, or portion thereof, over the assessed value specified in the certified statement. (10) "Maximum indebtedness" means the amount of the principal of indebtedness included in a plan pursuant to ORS 457.190 and does not include indebtedness incurred to refund or refinance existing indebtedness. (II) "Municipality" means any county or any city in this state. "The municipality" means the municipality for which a particular urban renewal agency is created. (12) "Taxing body" or "taxing district" means the state, city, county or any other taxing unit which has the power to levy a tax. (13) "Urban renewal agency" or "agency" means an urban renewal agency created under ORS 457.035 and 457.045. (14) "Urban renewal area" means a blighted area included in an urban renewal plan or an area included in an urban renewal plan under ORS 457.160. (15) "Urban renewal project" or "project" means any work or undertaking carried out under ORS 457.170 in an urban renewal area (16) "Urban renewal plan" or "plan" means a plan, as it exists or is changed or modified from time to time for one or more urban renewal areas, as provided in ORS 457.085, 457.095, 457.105, 457.115, 457.120, 457.125, 457.135 and 457.220. [Amended by 1957 c.456 gl; 1969 c.225 gl; 1979 c.621 glO; 1991 c.67 g128; 1991 c.459 9330; 1997 c.541 9442; 1999 c.21 976; 1999 c.579 925; 2001 c.477 91; 2003 c.621 9106] 457.020 Declaration of necessity and purpose. It hereby is found and declared: (1) That there exist within the state blighted areas. (2) That such areas impair economic values and tax revenues. (3) That such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and that these conditions necessitate excessive and disproportionate ...".,.....ditures of public funds for crime prevention and punishment, public health, safety and welfare, fire and accident protection and other public services and facilities. (4) That certain blighted areas may require acquisition and clearance since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation, but other areas or portions thereof may be susceptible of conservation or rehabilitation in such manner that the conditions and evils mentioned in subsections (I), (2) and (3) of this section may be eliminated, remedied or prevented and that such areas should, if possible, be conserved and rehabilitated through appropriate public action and the cooperation and voluntary action of the owners and tenants of .,.u.,....;; in such areas. (5) That the acquisition, conservation, rehabilitation, redevelopment, clearance, replanning and .,.....,""..;;on for rebuilding of these areas, and the prevention or the reduction of blight and its causes, are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern. (6) That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts or other conditions prevent a .,. v.,.... development of the land, and that it is in the public interest that such areas, as well as blighted areas, be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment or urban renewal plan, and that the exercise of the power of eminent domain and the financing of the acquisition and preparation of land by a public agency for such redevelopment or urban renewal is likewise a public use and purpose. (7) That redevelopment and urban. renewal activities will stimulate residential construction which is closely correlated with general economic activity; that undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in maintaining full 4-4 http://landru.leg.state.or.us/ors/457 .html 9/26/2007 Chllpter 457 - Urban Renewal Date Rfj"''$iVed:l!3~/~) Planner: MM Page 5 ofl8 employment. (8) 1bat the necessity in the public interest for this chapter is a matter oflegislative detennination. [Amended by 1957 c.456 g2; 1979 c.621 gllJ 457.025 Powers supplemental to other laws. The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law. [Formerly 457.110] 457.030 [Amended by 1957 c.456 g18; repealed by 1979 c.621 g28] URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES 457.035 Urban renewal agencies; creation; ordinance to exercise powers; jurisdiction. (1) In each municipality, as defined in ORS 457.010, there hereby is created a public body Cv'jM..le and politic to be known as the "urban renewal agency" of the municipality. However, the urban renewal agency shall not exercise its powers until or unless the governing body of the municipality, by nonemergency ordinance, declares that blighted areas exist in the municipality and that there is need for an urban renewal agency to function in the municipality and elects to have the powers of an urban renewal agency exercised in any of the three ways provided in ORS 457.045. (2) An urban renewal agency, upon activation under subsection (I) of this section, shall have authority to exercise its powers within the same area of operation given a housing authority of the municipality under ORS 456.060. [Formerly 457.130] 457.040 [Repealed by 1979 c.621 g28] 457.045 Election of method of exercise of urban renewal agency's powers. The governing body of a municipality shall, in the ordinance adopted under ORS 457.035, elect to have the powers of an urban renewal agency under this chapter exercised in one of the following ways: (1) By a housing authority of the municipality established pursuant to the Housing Authorities Law in which case the name of the body corporate and politic shall be the "housing authority and urban renewal agency" of the municipality. (2) By appointing a board or commission composed of not less than three members. (3) By the governing body, itself, provided, however, that any act of the governing body acting as the urban renewal agency shall be, and shall be considered, the act of the urban renewal agency only and not of the governing body. [Formerly 457.140] 457.050 [Amended by 1953 c.230 g3; 1957 c.456 g19; repealed by 1979 c.621 g28J 457.055 Transfer of agency powers. At any time following adoption of the ordinance under ORS 457.035, or for urban renewal agencies activated before October 3, 1979, at any time following adoption of a I'.vl'.... resolution or ordinance of the governing body of the municipality, the governing body of a municipality may, by ordinance, transfer the authority to exercise the powers of the urban renewal agency to any other body authorized to exercise those powers under ORS 457.045. All duties and obligations of the urban renewal agency shall thereafter be assumed by the body to which those powers are transferred. [1979 c.621 9 16 (enacted in lieu of 457.145)] 457.060 [Repealed by 1979 c.621 g28] 457.065 Advisory board for housing authority acting as urban renewal agency. For the purpose of coordinating its activities and undertakings under this chapter with the needs and undertakings of other local organizations and groups, a housing authority exercising the powers of an urban renewal agency under ORS 457.045 shall establish an advisory board consisting of the chairperson of the authority, who shall be chairperson of the advisory board, and of sufficient members, to be appointed by the chairperson, to represent as far as practicable: (1) The general public and consumers of housing. 4-5 httn:l/1andru.lee.state.or.usIors/4 57 .html 9(26(2007 Chaopter 457 - Urban Renewal Date RlC",wed: IV I... ~7 Planner: MM ~' Page 60f18 (2) General business interests. (3) Real estate, building and home fInancing interests. (4) Labor. (5) Any official planning body in the locality. (6) Church and welfare groups. [Formerly 457.100] 457.070 [Repealed by 1979 c.621 ~28] 457.075 Termination of urban renewal agency. If the governing body ofa municipality which has an urban renewal agency under ORS 457.035 finds that there no longer exists a need for an urban renewal agency in the municipality, the governing body shall provide, by ordinance, for a termination of the agency and a transfer of the agency's facilities, fIles and personnel to the municipality. The termination of an urban renewal agency shall not affect any outstanding legal actions, contracts or obligations of the agency and the municipality shall be substituted for the agency and, for the purpose of those legal actions, contracts Dr obligations, shall be considered a continuation of the urban renewal agency and not a new entity. No urban renewal agency shall be terminated under this section unless all indebtedness to which a portion of taxes is irrevocably pledged for payment under ORS 457.420 to 457.460 is fully paid. [1979 c.621 ~6; 1991 c.459 ~331; 1997 c.541 ~443] 457.080 [Repealed by 1979 c.621 ~28] 457.085 Urban renewal plan requirements; accompanying report; contents; approval required. (1) An urban renewal agency shall provide for public involvement in all stages in the development of an urban renewal plan. (2) An urban renewal plan proposed by an urban renewal agency shall include all of the following: . (a) A description of each urban renewal project to be undertaken. (b) An outline for the development, redevelopment, improvements, land acquisition, demolition and removal of structures, clearance, rehabilitation or conservation of the urban renewal areas of the plan. . (c) A map and legal description of the urban renewal areas of the plan. . (d) An explanation ofits relationship to definite local objectives regarding app.up.:ate land uses and improved traffic, public transportation, public utilities, telecommunications utilities, recreational and community facilities and other public improvements. (e) An indication of proposed land uses, maximum densities and building requirements for each urban renewal area (f) A description of the methods to be used for the temporary or permanent relocation cifpersons living in, and businesses situated in, the urban renewal area of the plan. (g) An indication of which real property may be acquired and the anticipated disposition of said real property, whether by retention, resale, lease or other legal use, together with an estimated time schedule for such acquisition and disposition. (h) If the plan provides for a division of ad valorem taxes under ORS 457.420 to 457.460, the maximum amount of indebtedness that can be issued or incurred under the plan. (i) A description of what types of possible future amendments to the plan are substantial amendments and require the same notice, hearing and approval procedure required of the original plan under ORS 457.095 as provided in ORS 457.220, including but not limited to amendments: (A) Adding land to the urban renewal area, except for an addition ofland that totals not more than one percent of the existing area of the urban renewal area (B) Increasing the maximum amount of indebtedness that can be issued or incurred under the plan. 0) For a project which includes a public building, an explanation of how the building serves or benefits the urban renewal area (3) An urban renewal plan shall be accompanied by a report which shall contain: . (a) A description of physical, social and economic conditions in the urban renewal areas of the plan and the ';"'p';'u;.ed impact, including the fiscal impact, of the plan in light of added services or increased population; (b) Reasons for selection of each urban renewal area in the plan; 4-6 htto:l/landru.lel!.state.or. us/orsl4 57 .html 9/26/2007 Chapter 457 - Urban Renewal Dat6ff'~ceived: !nhjll ) Page 7 ofl8 Planner: MM (r (c) The relationship between each project to be undertaken under the plan and the existing conditions in the urban renewal area; (d) The estimated total cost of each project and the sources of moneys to pay such costs; (e) The anticipated completion date for each project; (f) The estimated amount of money required in each urban renewal area under ORS 457.420 to 457.460 and the anticipated year in which indebtedness will be retired or otherwise provided for under ORS 457.420 to 457.460; (g) A fInancial analysis of the plan with sufficient information to determine feasibility; (h) A fIscal impact statement that estimates the impact of the tax increment financing, both Until and after the indebtedness is repaid, upon all entities levying taxes upon t'.vt'....~j in the urban renewal area; and (i) A relocation report which shall include: (A) An analysis of existing residents or businesses required to relocate permanently or temporarily as a result of agency actions under ORS 457.170; (B) A description of the methods to be used for the temporary or permanent relocation of persons living in, and businesses situated in, the urban renewal area in accordance with ORS 35.500 to 35.530; and (C) An enumeration, by cost range, of the existing housing units in the urban renewal areas of the plan to be destroyed or altered and new units to be added. (4) An urban renewal plan and accompanying report shall be forwarded to the planning commission of the municipality for recommendations, prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095. (5) An urban renewal plan and accompanying report shall be forwarded to the governing body of each taxing district affected by the urban renewal plan and the agency shall consult and confer with the taxing districts prior to presenting the plan to the governing body of the municipality for "t't'.v ,al under ORS 457.095. Any. written recommendations of the governing body of each taxing district shall be accepted, rejected or modified by the governing body of the municipality in adopting the plan. (6) No urban renewal plan shall be carried out until the plan has been approved by the governing body of each municipality pursuant to ORS 457.095 and 457.105. [1979 c.621 ~2; 1983 c.544 ~l; 1987 c.668 ~l; 1987 c.447 ~130; 1991 c.459 ~332; 1997 c.541 ~444] 457.090 [Repealed by 1979 c.621 ~28] 457.095 Approval of plan by ordinance; required contents of ordinance; notice. The governing body of the municipality, upon receipt of a proposed urban renewal plan and report from the municipality's urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission recommendations, if any, may approve the urban renewal plan. The "t't'.v ,al shall be by nonemergency ordinance which shall incorporate the plan by reference. Notice of adoption of the ordinance approving the urban renewal plan, and the provisions ofORS 457.135, shall be published by the governing body of the municipality in accordance with ORS 457.115 no later than four days following the ordinance adoption. The ordinance shall include determinations and tindings by the governing body that: (I) Each urban renewal area is blighted; (2) The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; (3) The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes; (4) Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing; (5) If acquisition of real property is provided for, that it is necessary; (6) Adoption and carrying out of the urban renewal plan is economically sound and feasible; and (7) The municipality shall assume and complete any activities prescribed it by the urban renewal plan. [1979 c.621 ~3; 1989 c.224 ~121] . 4-7 http://1andru.1eg.state.or. us! orsl45 7.html 9/26/2007 ,cq,apter 457 - Urban Renewal Date ReC1:jIVed:# Planner: MM Page 8 of 18 457.100 [Amended by 1979 c.621 ~I2; renumbered 457.065] 457.105 Approval of plan by other municipalities. 10 addition to the "ppou..al of a plan by the governing body of the municipality under ORS 457.095, when any portion of the area of a proposed urban renewal plan extends beyond the boundaries of the municipality into any other municipality and, in the case of a I',ul'used plan by a county agency, when any portion of such area is within the boundaries of a city, the governing body of the other municipality may approve the plan and may do so by resolution, rather than by ordinance. A proposed plan for an urban renewal area which is wholly within the boundaries of a city, or which is wholly within the boundaries of a county and does not include any area within the boundaries of a city, must be '"pp'v ..ed only by the governing body of the municipality in accordance with ORS 457.095. [1979 c.621 ~3a; 1987 c.668 ~2] 457.110 [Renumbered 457.025] 457.115 Manner of newspaper notice. Notice of adoption of an urban renewal plan required under ORS 457.095 and notice of filing of an annual financial statement required under ORS 457.460 shall be published in the newspaper, as defined in ORS 193.010, having the greatest circulation in the municipality and which is published within the municipality. If no newspaper is published within the municipality, the required notice shall be published in the newspaper having greatest circulation within the municipality published nearest to the municipality. [1979 c.621 ~3b] 457.120 When additional notice required; to whom sent; content; notice by publication. (1) 10 addition to any required public notice of hearing on a proposed urban renewal plan or substantial amendment or change to a plan, as described in ORS 457.085 (2)(i) and 457.220, the municipality shall cause notice of a hearing by the governing body on a proposed plan for a new urban renewal area or on a proposed change containing one of the types of amendments specified in ORS 457.085 (2)(i) to be mailed to each individual or household in one ofthi: following groups: , (a) Owners of real property that is located in the municipality; (b) Electors registered in the municipality; (c) Sewer, water, electric or other utility customers in the municipality; or (d) Postal patrons in the municipality.. (2) If the urban renewal area governed by the plan or substantial amendment thereof extends beyond the boundaries of the municipality, notice shall also be sent to each individual in the selected group who is located in the urban renewal area (3) The notice required by this section shall contain a statement in plain language that: (a) The governing body, on a specified date, will hold a public hearing and consider an ordinance adopting or substantially amending an urban renewal plan; (b) The adoption or amendment may impact property tax rates; (c) States the l',ul'used maximum amount of indebtedness that can be issued or incurred under the plan or amendment; . (d) The ordinance, ifapproved, is subject to referendum; and (e) A copy of the ordinance, urban renewal plan and accompanying '''pun can be obtained by contacting a designated person within the municipality. (4) If the municipality which activated the urban renewal agency is a county: (a) The notice required by subsection (I) of this section shall be sent to each individual or household in one of the groups listed in subsections (l)(a) to (d) of this section, except that the notice need be sent only to those individuals or households located in a school district with territory affected or to be affected by the tax increment financing for the new urban renewal area or I',ul'used change. (b) 10 addition to the notice under paragraph (a) of this subsection, the county shall cause notice to be published in a paper of general circulation throughout the county. The published notice shall contain the information described in subsection (3) of this section, be published in an advertisement not less than three inches in height and three inches 4-8 htto:/Ilandru.lel!.state.or. uslorsl457 .html 9(26(2007 . q~ap.ter 457 - Urban Renewal Date Rec...dd: !o/,jn? Planner: MM I ( in width and be located in a general interest section of the newspaper other than the classified advertisement section. [1991 c.459 9335f; 1997 c.541 9445] Page 9 of 18 Note: 457.120 was added to and made a part ofORS chapter 457 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 457.125 Recording of plan upon approval. A copy of the ordinance '"t'.I"v;ing an urban renewal plan under ORS 457.095 shall be sent by the governing body of the municipality to the urban renewal agency. A copy of the resolution approving an urban renewal plan under ORS 457.105 shall be sent by the governing body of a municipality to the urban renewal agency. Upon receipt of the necessary approval of each municipality governing body, the urban renewal plan shall be recorded by the urban renewal agency with the recording officer of each county in which any portion of an urban renewal area within the plan is situated. [1979 c.621 94] 457.130 [1957 c.456 994,5; 1979 c.621 913; renumbered 457.035] 457.135 Conclusive presumption of plan validity. After October 3, 1979, any urban renewal plan pwported to be adopted in conformance with applicable legal requirements shall be conclusively presumed valid for all pwposes 90 days after adoption of the plan by ordinance of the governing body of the municipality. No direct or collateral attack on the action may thereafter be commenced. [1979 c.621 95] 457.140 [1957 c.456 96; 1975 c.246 91; 1979 c.621 914; renumbered 457.045] 457.145 [1967 c.311 92; repealed by 1979 c.621 915 (457.055 enacted in lieu of 457.145)] 457.150 [1957 c.456 98; repealed by 1979 c.621 928] 457.160 Exception to plan requirements for disaster areas. Notwithstanding any other provisions ofORS chapters 455 and 456 or this chapter and ORS 446.515 to 446.547, where the governing body ofa municipality certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the Governor has certified the need for disaster assistance under federal law, the governing body may declare a need for an urban renewal agency, ifnecessary, and may ......I"u.e an urban renewal plan and an urban renewal project for such area without regard to the provisions requiring: (1) That the urban renewal plan conform to the comprehensive plan and economic development plan, ifany, for the municipality as a whole. (2) That the urban renewal area be a blighted area. [1957 c.456 915; 1979 c.621 918; 1993 c.18 9114] 457.170 Urban renewal agency's powers in planning or undertaking an urban renewal project. An urban renewal agency may plan or undertake any urban renewal project to carry out an "t'I',v'ed urban renewal plan. In planning or undertaking an urban renewal project, the urban renewal agency has the power: (1) To carry out any work or undertaking and exercise any powers which a housing authority is authorized to perform or exercise under ORS 456.055 to 456.235, subject to the provisions of this chapter provided, however, that ORS 456.155 and 456.160 do not limit the power of an agency in event ofa default by a purchaser or lessee ofland in an urban renewal plan to acquire property and operate it free from the restrictions in those sections. (2) To carry out any rehabilitation or conservation work in an urban renewal area. (3) To acquire real property, by condemnation if necessary, when needed to carry out the plan. (4) To clear any areas acquired, including the demolition, removal or rehabilitation of buildings and improvements. (5) To install, construct or reconstruct streets, utilities and site improvements in accordance with the urban renewal plan. . (6) To carry out plans for a program of the voluntary repair and rehabilitation of buildings or other improvements in an urban renewal area in accordance with the urban renewal plan. 4-9 http://Iandru.leg.state.or.usIors/457.html 9(26(2007 , Cbap~er 457 - Urban Renewal Date RecPived: IDI --pIt> 7 Planner: ..11 ~ Page 10 ofI8 (7) To assist in relocating persons living in, and property situated in, the urban renewal area in accordance with the '"t't"U led urban renewal plan and to make relocation payments. (8) To dispose of, including by sale or lease, any property or part thereof acquired in the urban renewal area in accordance with the approved urban renewal plan. (9) To plan, undertake and carry out neighborhood development programs consisting of urban renewal project undertakings in one or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of this chapter for planning and carrying out urban renewal plans. (10) To accomplish a combination of the things listed in this section to carry out an urban renewal plan. [1957 c.456 F; 1969 c.225 ~2; 1969 c.539 ~l; 1979 c.621 ~19; 1995 c.79 ~268] 457.180 Powers of urban renewal agencies in general. An urban renewal agency, in addition to its other powers; may: (I) Make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements. (2) Make plans for the enforcement oflaws, codes and regulations relating to: (a) The use ofland. (b) The use and occupancy of buildings and improvements. (c) The repair, rehabilitation, demolition or removal of buildings and improvements. (3) Make plans for the relocation of persons and property displaced by an urban renewal project (4) Make preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas. (5) Conduct preliminary surveys to determine if the undertaking and carrying out of an urban renewal project is feasible. (6) Develop, test and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of urban blight. . (7) Engage in any other housing or community development activities specifically delegated to it by the governing body of the municipality including but not limited to land acquisition and disposition, conservation and rehabilitation, residential or business relocation, construction, leasing or management of housing, and the making of grants and loans from any available source. [1957 c.456 ~1O; 1975 c.382 ~I] 457.190 Acquisition of funds by urban renewal agency; maximum amount of indebtedness. (1) An urban renewal agency may borrow money and accept advances, loans, grants and any other form of financial assistance from the federal government, the state, county or other public body, or from any sources, public or private, for the purposes of undertaking and carrying out urban renewal projects. (2) An urban renewal agency may do all things necessary or desirable to secure such financial aid, including obligating itself in any contract with the federal government for federal financial aid to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder, in the same manner as a housing authority may do to secure such aid in connection with slwn clearance and housing projects under the Housing Authorities Law. (3)(a) Each urban renewal plan adopted by ordinance on or after July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 shall include in the plan the maximum amount of indebtedness that may be issued or incurred under the plan. Notwithstanding subsection (1) of this section, if a maximwn amount of indebtedness is not included in the plan, the urban renewal agency may not issue indebtedness for which taxes divided under ORS 457.440 are to be pledged to carry out the plan. (b) Each urban renewal plan adopted by ordinance on or after December 6, 1996, and before July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 but does not include a maximwn amount of indebtedness that may be issued or incurred under the plan shall be changed, by substantial plan amendment pursuant to ORS 457.220, to include the maximwn amount of indebtedness that may be issued or incurred under the plan before July 1,2000. Notwithstanding subsection (1) of this section, ifa maximwn amount of indebtedness is not included in the plan on or before July 1,2000, the urban renewal agency may not on or after July 1,2000, issue indebtedness for which taxes divided under ORS 457.440 are to be pledged to carry out the plan. (c)(A) Each existing urban renewal plan that provides for a division of taxes pursuant to ORS 457.420 to 457.460 4-10 httn~/lIandru.le~ .state.or. uslorsl4 57 .html 9/26/2007 , qmp.ter 457 - Urban Renewal Date Re$\',"fed: 10 l, /" ) Planner: MM ~. may be changed by substantial amendment no later than July I, 1998, to include a maximum amount of indebtedness that may be issued or incurred under the plan determined as described in subparagraph (B) of this paragraph. The additional notices required under ORS 457.120 are not required for an amendment adopted pursuant to this paragraph. (B) The maximum amount of indebtedness that may be issued or incurred under the plan, as determined for purposes of meeting the requirements of this paragraph, shall be based upon good faith estimates of the scope and costs of projects, including but not limited to increases in costs due to reasonably anticipated inflation, in the existing urban renewal plan and the schedule for their completion as completion dates were anticipated as of December 5, 1996. The maximum amount of indebtedness shall be specified in dollars and cents. (C) Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not adopted for an existing urban renewal plan as described in this paragraph before July 1, 1998, the urban renewal agency may not collect funds under ORS 457.435. [1957 c.456 914; 1991 c.459 9333; 1997 c.541 9446J Page 11 of 18 Note: Section 335e, chapter 459, Oregon Laws 1991, provides: Sec. 335e. Bonded indebtedness if project agreed to prior to September 29, 1991. Notwithstanding ORS 457.190, an urban renewal agency may issue bonded indebtedness to undertake an urban renewal project to cany out an urban renewal plan if, prior to September 29, 1991, a written contract or other written ao........~ent for the project was made, the instrument setting forth the contract or agreement was executed and the parties were bound. The urban renewal agency of the municipality may use any of the money available to it from the issuance of the bonds for canying out the project in accordance with the contract or agreement. [1991 c.459 9335e; 1997 c.54l 9446a] 457.210 Applicability of housing cooperation law to urban renewal projects; delegation of powers and functions. (I) Any state public body, as defined in ORS 456.305, shall have the same rights and powers to cuvp...."te with and assist urban renewal agencies with respect to urban renewal projects that such state public body has pursuant to ORS 456.305 to 456.325 to cooperate and assist housing authorities with respect to housing projects in the same manner as though those sections were applicable to urban renewal agencies and projects under this chapter. (2) Any state public body, as defined in ORS 456.305, hereby is authorized to enter into ao..:..:.~ents with any other public body, including an urban renewal agency, respecting action to be taken pursuant to any of the powers granted by this chapter, including, but not limited to, the furnishing offunds or other assistance in connection with an urban renewal plan or urban renewal project. (3) An urban renewal agency hereby is authorized to delegate any of its powers or functions to the municipality or other state public body, as defined in ORS 456.305, with respect to the planning or undertaking of an urban renewal project in the area in which such municipality or other state public body is authorized to act. The municipality, or other state public body to which the powers or functions are delegated hereby is authorized to carry out or perform such powers or functions. [1957 c.456 911J 457.220 Plan am~ndment; limit on additional land. (1) Except for the provisions of subsection (2) of this section, an urban renewal agency shall carry out the urban renewal plan approved under ORS 457.0~5. (2) Any substantial change made in the urban renewal plan shall, before being carried out, be approved and recorded in the same manner as the original plan. (3) No land equal to more than 20 percent of the total land area of the original plan shall be added to the urban renewal areas ofa plan by amendments. [1957 c.456 99; 1979 c.621 920J . 457.230 Disposition ofland in urban renewal project; determination of value; obligations ofpurcbaser or lessee; recordation. (I) The urban renewal agency shall, in accordance with the "yp'u led urban renewal plan, make land in an urban renewal project available for use by private ...~;....p.;se or public agencies. Such land shall be made available at a value determined by the urban renewal agency to be its fair reuse value, which ....p....~ents the value, whether .....p....~sed in terms of rental or capital price, at which the urban renewal agency in its discretion determines such land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. (2) To assure that land acquired in an urban renewal project is used in accordance with the urban renewal plan, an 4-11 httn:l/landru.leg.state.or. uslorsl4 5 7.html 9(26(2007 Chapter 457 - Urban Renewal , - . Date ~~ived: Il)/z.. /", Planner: MM ~ urban renewal agency, upon the sale or lease of such land, shall obligate purchasers or lessees: (a) To use the land for the pwposes designated in the urban renewal plan. (b) To begin the building of their improvements within a period of time which the urban renewal agency fixes as reasonable. (3) Any obligations by the purchaser shall be covenants and conditions running with the land where the urban renewal agency so stipulates. (4) Any contract for the transfer of any interest in land by the urban renewal agency may be recorded in the land records of the county in which the land is situated in the same manner as any other contract for the transfer of an interest in land is recorded. [1957 c.456 912; 1965 c.571 91; 1967 c.312 91] Page 12 of 18 457.240 Tax status ofIand leased under an urban renewal plan. Any property which the urban renewal agency leases to private persons as dermed in ORS 174.100 under an urban renewal plan shall have the same tax status as ifsuch leased property were owned by such private individuals or cu.l'u..,tions. [1957 c.456 913; 1983 c.327 911] 457.310 [1957 c.456 916; repealed by 1979 c.621 928] 457.320 Municipal assistance under plan; assumption by agency of general obligation bond payments of municipality. In addition to the other powers granted a municipality under this chapter, a municipality may exercise any of its powers otherwise provided by law to assist in the planning or the carrying out of an urban renewal plan. Without limiting the powers granted by the preceding sentence, a municipality may issue its general obligation bonds for the purpose of assisting in the planning or the carrying out of an urban renewal plan. The urban renewal agency of the municipality may assume payment of the general obligation bonds and may use any of the moneys available to it for that purpose. [1957 c.456 917; 1979 c.621 921] 457.410 [1961 c.554 92; repealed by 1979 c.621 928] TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS 457.420 Plan may provide for division of property taxes; limits on land area. (1) Any urban renewal plan may contain a provision that the ad valorem taxes, if any, levied by a taxing district in which all or a portion of an urban renewal area is located, shall be divided as provided in section 1 c, Article IX of the Oregon Constitution, and ORS 457.420 to 457.460. Ad valorem taxes shall not be divided if there is no provision in the urban renewal plan for the division. (2) No plan adopted after October 3, 1979, shall provide for a division of ad valorem taxes under subsection (1) of this section if: (a) For municipalities having a population of more than 50,000, according to the latest state census: (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided exceeds a figure equal to 15 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas; or (B) The urban renewal areas of the plan when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 15 percent of the total land area of that municipality. (b) For municipalities having a population ofless than 50,000, accordIDg to the latest state census: (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided exceeds a figure equal to 25 !'''.''''~; of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas; or (B) The urban renewal areas of the plan, when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 25 percent of the total land area of 4-12 http://landru.leg.state.or.us/ors/ 457 .html 9/26/2007 . q~ap.ter 457 - Urban Renewal Date P Plannel . lived: /0 /z,/n MM TF Page I3 of 18 that municipality. (3) Property may not be included in more than one urban renewal area. [1961 c.554 ~3; 1969 c.539 ~2; 1971 c.544 ~4; 1979 c.621 ~24; 1991 c.459 ~334; 1997 c.541 ~447] 457.430 Certification of assessed value of property in urban renewal area; amendment. (1) As soon as practicable after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor of each county in which an urban renewal area is located shall prepare, in duplicate, a certified statement of the total assessed value, as shown on the county assessment roll last certified prior to the effective date of the ordinance approving the plan, of all of the taxable real and personal ".v"...;j contained in the urban renewal area in the county. (2) Wherever only a part of an urban renewal area is located in a taxing district, the assessor also shall show in the statement required by subsection (I) of this section the assessed value of the real and personal property in the part of the urban renewal area located in the taxing district. (3) One copy of the certified statement shall be filed by the assessor with the agency and the other copy shall constitute a part of the public records of the county assessor's office. (4) Whenever a part of an urban renewal area comes within the territory of a taxing district either by annexation, incv. tM..;';on of a new taxing district or consolidation, after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor shall in the same manner as under subsection (3) of this section file a certified statement or an amendment to a certified statement to show the assessed value of the real and personal 1'.u1'....j in that part of the urban renewal area incu'1'v...ted by annexation or consolidation into the taxing district. The assessed value of the real and personal property so incorporated shall be determined in the same manner and as of the same date as provided in subsections (1) and (2) of this section. (5) When a certified statement is ftIed as required by subsection (1) of this section, if the law provides a reduction or increase of the valuation for tax purposes of the taxable property contained in the urban renewal area at the time of the ftIing, the assessor shall state the total assessed value as it is so reduced or increased. After a certified statement has been ftIed as required by subsection (I) of this section, if a law is enacted which provides a reduction or increase of the valuation for tax purposes of the taxable ".v"...;j contained in the urban renewal area at the time the certified statement was ftIed, the assessor shall amend the certified statement annually or as otherwise required to reduce or increase the stated total aSsessed value of the real and personal 1" v1'...;j accordingly. An amendment to the certified statement shall be filed in the manner provided by subsections (3) and (4) of this section. (6)(a) Subject to subsections (4) and (5) of this section and paragraph (b) of this subsection, all certified statements and amendments thereto ftIed under this section before July 14, 1997, shall continue to remain in effect. (b) Effective as of the tax year beginning on July I, 1997, the assessor shall amend the amount of assessed value included in a certified statement by applying to the certified assessed value of each tax code area located within an urban renewal area the percentage obtained by dividing the total assessed value within the tax code area, including growth in assessed value over the certified assessed value, by the total real market value within the tax code area [1961 c.554 ~4; 1969 c.539 ~3; 1979 c.621 ~25; 1981 c.804 ~105; 1983 S.s. c.5 ~24; 1991 c.459 ~335; 1997 c.541. ~448] 457.435 Property tax collection methods for existing plans; special levies. (1) For each existing urban renewal plan that includes a provision for a division of ad valorem taxes under ORS 457.420 to 457.460, the municipality that activated the urban renewal agency that is carrying out the plan shall adopt an 'ordinance choosing one of the options listed in subsection (2) of this section as the method of collecting ad valorem property taxes sufficient to pay, when due, indebtedness issued or incurred to carry out the plan as permitted by section II (16), Article XI of the Oregon Constitution. (2) The options referred to in subsection (1) of this section are as follows: (a) Option One: To collect amounts sufficient to pay the obligations, as budgeted for the plan, from ORS 457.440, and if the amount estimated to be received from ORS 457.440 is not sufficient to meet the budgeted obligations of the plan for the tax or fiscal year, to make a special levy in the amount of the remainder upon all of the taxable 1'<U1'...;j of the municipality that activated the urban renewal agency and upon all of the taxable property lying outside the municipality but included in an urban renewal area of the plan. (b) Option Two: To make a special levy in the amount stated in the notice given under ORS 457.440 (2) upon all http://landru.leg.state.or. uslorsl457 .html 4-13 9fl.6fl.007 Date Receiv /b /,- /7) ? Planner: MM ;-'l of the taxable p.vp...~j of the municipality that activated the urban renewal agency, and upon all of the taxable property lying outside the municipality but included in an urban renewal area of the plan. (c) Option Three: To collect an amount equal to the amount stated in the ordinance adopted as provided in subsection (1) of this section by dividing the taxes pursuant to ORS 457.440, and to make a special levy upon all of the taxable p.vp...;j of the municipality that activated the urban renewal agency and upon all of the taxable property lying outside the municipality but within an urban renewal area of the plan. The county assessor shall adjust the amount of the total assessed value included in the certified statement filed under ORS 457.430 so that the amount collected by dividing the taxes pursuant to ORS 457.440 does not exceed the amount stated in the ordinance to be collected by dividing the taxes pursuant to ORS 457.440. (3)(a) The total amount obtained under an option listed in subsection (2) of this section for any plan shall not exceed the maximum amount that could have been certified to the assessor for the plan under ORS 457.440 (1995 Edition) for the tax year beginning July 1, 1997. (b) For each tax year beginning after the 1997-1998 tax year, the limitation of paragraph (a) of this subsection shall be adjusted by a percentage change equal to the percentage change in the increment within the urban renewal area from the preceding year. (4)(a) The ordinance choosing the option referred to in subsection (I) of this section shall be adopted no later than July 1, 1998, and shall be applicable for tax years bernn;n.g on or after July.l, 1998. If not so adopted, the municipality shall be considered to have chosen Option One as its method of collection of ad valorem y.~y...;j taxes sufficient to pay, when due, indebtedness issued or incurred to carry out the existing urban renewal plan. An option, once chosen, may not be changed to another option. In addition, if Option Three is chosen, the amount specified in the ordinance choosing the option to be collected by dividing the taxes pursuant to ORS 457.440 shall not be changed by subsequent ordinance or amendment to the certified statement. (b) The option chosen, together with the particulars of the option, including but not limited to any limit on the amount to be received from ORS 457.440, shall be reflected in the notice filed by the urban renewal agency with the county assessor. (5)(a) The county assessor, or county assessors if the taxable property is in more than one county, shall extend the special levy against all of the taxable property of the municipality that activated the urban renewal agency and all of the taxable property lying outside the municipality but included in an urban renewal area of the plan. (b) Any amounts collected from special levies made under this section shall be paid into the special fund or funds of the urban renewal agency referred to in ORS 457.440 (6) and shall be used to pay the principal and interest to finance or refinance the existing urban renewal plan or plans of the urban renewal agency. (6) This section applies to existing urban renewal plans with respect to principal and interest on indebtedness until the indebtedness is fully paid or it is found that deposits in the special fund are sufficient to pay the principal and interest on the indebtedness issued or incurred under the existing urban renewal plan. (7) Nothing in this section shall prevent the funding of urban renewal indebtedness as provided under ORS 457.440. [1997 c.541 9454; 1999 c.579 932] Cb.\lpfer 457 - Urban Renewal Page 14 of 18 457.437 Consultation with municipalities; resolution requirements. (1) Prior to the establishment ofa maximum amount of indebtedness for an url?an renewal plan under ORS 457.190 and before an option is adopted under ORS 457.435, the urban renewal agency that is carrying out the plan shall meet with the governing bodies of the municipality that activated the urban renewal agency and other municipalities affected by the urban renewal plan and review the proposed maximum amount of indebtedness for the plan and the agency's reco=ended option under ORS 457.435. (2) After the meeting described in subsection (1) of this section, the governing bodies shall adopt resolutions in support of or opposition to the reco=ended option under ORS 457.435. (3) If an affected municipality adopts a resolution in opposition to the reco=ended option, then the agency's reco=endations may be adopted only by the adoption of a separate resolution by the municipality that activated the urban renewal agency. [1997 c.541 9454a] 457.440 Computation of amounts to be raised from property taxes; notice; rules. During the period specified under ORS 457.450: 4-14 http://landru.leg.state.or.uslors! 457 .html 9/26/2007 Cb41pter 457 - Urban Renewal Date Rer . 'ed: IO/..z../D! / I Planner: ...M . Page 15 of 18 (I) The county assessor shall determine the amount of funds to be raised each year for urban renewal within the county levied by taxing districts in accordance with section I c, Article IX of the Oregon Constitution, and ORS 457.420 to 457.460. (2) Not later than July 15 of each tax year, each urban renewal agency shall determine and file with the county assessor a notice stating the amount of funds to .be raised for each urban renewal area as follows: (a) If the municipality that activated the urban renewal agency has chosen Option One as provided in ORS 457.435 (2)(a), the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section 1 c, Article IX of the Oregon Constitution, shall be raised for the agency. (b) If the municipality that activated the urban renewal agency has chosen Option Two as provided in ORS 457.435 (2)(b), the notice shall state the amount of funds to be raised by the special levy. (c) If the municipality that activated the urban renewal agency has chosen Option Three as provided in ORS 457.435 (2)(c), the notice shall state the amount of funds to be raised by special levy in addition to the amount to be raised by dividing the taxes as stated in the ordinance adopted under ORS 457.435 (I). (d) If the plan is not an existing plan, the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section I c, Article IX of the Oregon Constitution, shall be raised for the agency. (3) If a municipality has chosen Option Three pursuant to ORS 457.435, the maximum amount of funds that may be raised for an urban renewal agency by dividing the taxes as provided in section Ic, Articl~ IX of the Oregon Constitution, may be limited by the municipality in which the urban renewal agency is located. The decision of the municipality to limit the amount of funds to be included in the notice filed under subsection (2) of this section shall be reflected in the certified statement filed by the urban renewal agency with the county assessor. (4) Not later than September 25 of each taX year, the assessor of any county in which ajoint district is located shall provide, to the assessor of each other county in which the joint district is located, the assessed values of the property in the joint district that is located within the county, including the certified statement value and the increment for each code area containing any urban renewal area located within the joint district, and a copy of the notice filed by the urban renewal agency for the area located within the joint district under subsection (2) of this section. (5) The maximum amount of funds that may be raised for an urban renewal plan by dividing the taxes as provided in section 1 c, Article IX of the Oregon Constitution, shall be computed by the county assessor as follows: (a) The county assessor shall compute the total consolidated billing tax rate for each code area in which an urban renewal area of the plan is located. (b) The assessor shall determine the amount of taxes that would be produced by extending the tax rate computed under paragraph (a) of this subsection against the increment of each code area. (c) The total amount determined for all code areas containing urban renewal areas included within the urban renewal plan is the maximum amount of funds to be raised for the urban renewal plan by dividing the taxes. (6)(a) The maximum amount of funds that may be raised for an urban renewal agency as determined under subsection (5) of this section, or the maximum amount, as determined under subsection (2) of this section, shall be certified by the county assessor to the tax collector. The tax collector shall include the amount so certified iri the percentage schedule of the ratio of taxes on ".v,,".;; prepared under ORS 311.390 and filed with the county treasurer. Notwithstanding ORS 311.395 (6), the county treasurer shall credit the amount to the urban renewal agency and shall distribute its percentage amount to the urban renewal agency as determined by the schedule at the times other distributions are made under ORS 311.395 (7).n(b) The county assessor shall notify the urban renewal agency of the amounts received under subsection (5) of this section or amounts received pursuant to the notice provided in subsection (2) of this section for each urban renewal plan area. Any amounts received by the urban renewal agency under paragraph (a) of this subsection shall be attributed to the urban renewal plan in which the urban renewal area is included, shall be paid into a special fund of the urban renewal agency for the urban renewal plan and shall be used to pay the principal and interest on any indebtedness issued or incurred by the urban renewal agency to finance or refinance the urban renewal plan. (7) Unless and until the total assessed value of the taxable property in an urban renewal area exceeds the total assessed value specified in the certified statement, all of the ad valorem taxes levied and collected upon the taxable property in the urban renewal area shall be paid into the funds of the respective taxing districts. . (8) The agency may incur indebtedness, including obtaining loans and advances in carrying out the urban 4-15 http://landru.leg.state.or.uslors/4 57 .html 9/26/2007 ~hapter 457 - Urban Renewal Date Receiv<>d: I~( 1- ,I? Planner: lv. Page 16 of18 renewal plan, and the portion of taxes received under this section may be irrevocably pledged for the payment of principal of and interest on the indebtedness. (9) The Department of Revenue shall by rule establish procedures for giving notice of amounts to be raised for urban renewal agencies and for determination of amounts to be raised and distributed to urban renewal agencies. (10) The notice required under this section shall serve as the notice required under ORS 310.060 for the special levy described under ORS 457.435. [1961 c.554 ~5; 1979 c.621 ~26; 1981 c.804 ~106; 1983 S.s. c.5 ~25; 1985 c.613 ~17; 1987 c.158 ~87; 1991 c.459 ~335a; 1997 c.541 ~449; 1999 c.579 ~26; 2003 c.190 ~16] Note: Section 19, chapter 190, Oregon Laws 2003, provides: See. 19. The amendments to ORS 311.345, 311.385,311.390,311.395,311.480 and 457.440 by sections 6, 8, 10, 12,14 and 16, chapter 190, Oregon Laws 2003, apply to taxes, interest and related penalties: (1) Due under ORS 311.405 or 311.480 on or after the effective date of this 2003 Act [November 26, 2003]; or (2) Due pursuant to an order ofa bankruptcy court issued before July 1,2008. [2003 c.l90 ~19; 2003 c.704 ~10] Note: The amendments to 457.440 by section 17, chapter 190, Oregon Laws 2003, apply to taxes, interest and related penalties due under 311.405 or 311.480 on or after July 1, 2008, or due pursuant to an order of a bankruptcy court issued on or after July 1,2008. See section 20, chapter 190, Oregon Laws 2003, as amended by section 11, chapter 704, Oregon Laws 2003. The text that applies on and after July I, 2008, is set forth for the user's convemence. 457.440. During the period specified under ORS 457.450: (1) The county assessor shall determine the amount of funds to be raised each year for urban renewal within the county levied by taxing districts in accordance with section Ic, Article IX of the Oregon Constitution, and ORS 457.420 to 457.460. (2) Not later than July 15 of each tax year, each urban renewal agency shall determine and file with the county assessor a notice stating the amount of funds to be raised for each urban renewal area as follows: (a) If the municipality that activated the urban renewal agency has chosen Option One as provided in ORS 457.435 (2)(a), the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section I c, Article IX of the Oregon Constitution, shall be raised for the agency. (b) lfthe municipality that activated the urban renewal agency has chosen Option Two as provided in ORS 457.435 (2)(b), the notice shall state the amount of funds to be raised by the special levy. (c) If the municipality that activated the urban renewal agency has chosen Option Three as provided in ORS 457.435 (2)(c), the notice shall state the amount of funds to be raised by special levy in addition to the amount to be raised by dividing the taxes as stated in the ordinance adopted under ORS 457.435 (I). (d) If the plan is not an existing plan, the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section lc, Article IX of the Oregon Constitution, shall be raised for the agency. (3) If a municipality has chosen Option lbree pursuant to ORS 457.435, the maximum amount of funds that may be raised for an urban renewal agency by dividing the taxes as provided in section 1 c, Article IX of the Oregon Constitution, may be limited by the municipality in which the urban renewal agency is located. The decision of the municipality to limit the amount of funds to be included in the notice filed under subsection (2) of this section shall be reflected in the certified .~;"ment filed by the urban renewal agency with the county assessor. (4) Not later than S"p;"mber 25 of each tax year, the assessor of any county in which a joint district is located shall provide, to the assessor of each other county in which the joint district is located, the assessed values of the p.up'" i.y in the joint district that is located within the county, including the certified statement value and the increment for each code area containing any urban renewal area located within the joint district, and a copy of the notice filed by the urban renewal agency for the area located within the joint district under subsection (2) of this section. (5) The maximum amount of funds that may be raised for an urban renewal plan by dividing the taxes as provided in section 1 c, Article IX of the Oregon Constitution, shall be computed by the county assessor as follows: (a) The county assessor shall compute the total consolidated billing tax rate for each code area in which an urban renewal area of the plan is located. (b) The assessor shall determine the amount of taxes that would be produced by extending the tax rate computed 4-16 httn:/IIandru.lel!.state.or .uslors/4 57 .html 9/26/2007 Date RI. ,ived: 1~/'Z-1i'7 Planner: MM under paragraph (a) of this subsection against the increment of each code area. (c) The total amount determined for all code areas containing urban renewal areas included within the urban renewal plan is the maximum amount of funds to be raised for the urban renewal plan by dividing the taxes. (6)(a) The maximum amount of funds that may be raised for an urban renewal agency as determined under subsection (5) of this section, or the maximum amount, as determined under subsection (2) of this section, shall be certified by the county assessor to the tax collector. The tax collector shall include the amount so certified in the percentage schedule of the ratio of taxes on property prepared under ORS 311.390 and filed with the county treasurer. Notwithstanding ORS 311.395 (5), the county treasurer shall credit the amount to the urban renewal agency and shall distribute its percentage amount to the urban renewal agency as determined by the schedule at the times other distributions are made under ORS 311.395 (6). (b) The county assessor shall notify the urban renewal agency of the amounts received under subsection (5) of this section or amounts received pursuant to the notice provided in subsection (2) of this section for each urban renewal plan area. Any amounts received by the urban renewal agency under paragraph (a) of this subsection shall be attributed to the urban renewal plan in which the urban renewal area is included, shall be paid into a special fund of the urban renewal agency for the urban renewal plan and shall be used to pay the principal and interest on any indebtedness issued or incurred by the urban renewal agency to finance or refinance the urban renewal plan. (7) Unless and until the total assessed value of the taxable t'.vt''''~1 in an urban renewal area exceeds the total assessed value specified in the certified statement, all of the ad valorem taxes levied and collected upon the taxable property in the urban renewal area shall be paid into the funds of the respective taxing districts. (8) The agency may incur indebtedness, including obtaining loans and advances in carrying out the urban renewal plan, and the portion of taxes received under this section may be irrevocably pledged for the payment of principal of and interest on the indebtedness. (9) The Department of Revenue shall by rule establish procedures for giving notice of amounts to be raised for urban renewal agencies and for determination of amounts to be raised and distributed to urban renewal agencies. (10) The notice required under this section shall serve as the notice required under ORS 310.060 for the special levy described under ORS 457.435. l;:hapter 457 - Urban Renewal Page 17 ofl8 457.450 Notice to tax assessor; provision Cor debt retirement; distribution oCremaining tax increment funds. (l)(a) ORS 457.440 shall first apply to the assessment roll next following the tax roll .",f.."..d to in ORS 457.430 if the assessor is provided notice of a plan adoption or amendment changing area boundaries by the agency prior to January 1 before the tax year to which the plan first applies. (b) If the assessor is not provided notice of plan adoption or amendment changing area boundaries by the agency prior to January I before the tax year to which ORS 457.440 would otherwise first apply, then ORS 457.440 shall first apply to the assessment roll next following the assessment roll described in paragraph (a) of this subsection. (2) When the principal and interest on indebtedness to which the portion of taxes is irrevocably pledged for payment under ORS 457.435 or 457.440 is fully paid, or it is found that deposits in the special fund are sufficient to fully pay principal and interest on that indebtedness either through direct payment of the indebtedness or by payment of principal and interest on bonds or notes issued to finance the indebtedness, the agency shall notify the assessor of that fact (3) All moneys remaining un"~t'..~ded from the special fund provided for in ORS 457.435 or 457.440, after payment of all the principal and interest on indebtedness is provided for, shall be turned over to the county treasurer by the agency and prorated by the treasurer back to the taxing districts in which the area, or part thereof, is located, in proportion to the amount of money in the fund attributable to each taxing district for the last fiscal year in which tax levy moneys were paid into the special fund of the agency under ORS 457.435 or 457.440. [1961 c.554 S6; 1971 c.426 Sl; 1979c.62l S27; 1991 c.459 S335b; 1997c.541 S450] 457.460 Financial report required Cor agency; contents; notice. (I) An agency shall, by August I of each year, prepare a statement on the same basis on which its financial statements are prep~ containing: (a) The amount of money received during the preceding fiscal year under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to 457.460; (b) The purposes and amounts for which any money received under ORS 457.420 to 457.460 and from 4-17. htto:/Ilandru.leg.state.or.us! ors/4 57 .htmI 9/26/2007 Gbaipt€r457 - Urban Renewal Date Re~~ted: lohh7 Page 18 ofl8 Planner: MM (' indebtedness incurred under ORS 457.420 to 457.460 were expended during the preceding fIscal year; (c) An estimate of moneys to be received during the current fIscal year under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to 457.460; (d) A budget setting forth the purposes and estimated amounts for which the moneys which have been or will be received under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to 457.460 are to be expended during the current fIscal year; and (e) An analysis of the impact, if any, of carrying out the urban renewal plan on the tax collections for the preceding year for all taxing districts included under ORS 457.430. (2) The statement required by subsection (1) of this section shall be filed with the governing body of the municipality. Notice shall be published that the statement has been prepared and is on fIle with the municipality and the agency and the information contained in the statement is available to all interested persons. The notice shall be published once a week for not less than two successive weeks before September 1 of the year for which the statement is required in accordance with ORS 457.115. The notice shall summarize the information required under subsection (l)(a) to (d) of this section and shall set forth in full the information required under subsection (l)(e) of this section. [1979 c.621 ~23; 1991 c.459 ~335c; 1997 c.541 ~451] 4-18 htto:tnandruJel!.state.or. us/orsl4 57 .html 9/26/2007 Date Keceived: Planner: MM /0/zl0 ( . ',. ~ BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD REVIEW AND RECOMMENDATION REGARDING THE DOWNTOWN URBAN RENEWAL PLAN AND REPORT THAT WOULD ESTABLISH A NEW URBAN RENEWAL DISTRICT IN DOWNTOWN SPRINGFIELD FINDINGS, CONCLUSION AND ] RECOMMENDATION ] NATURE OF THE APPLICATION This proposal would establish a downtown urban renewal district that would be administered by the Springfield Economic Development Agency. ORS 457.085(4) states, "An urban renewal plan and .accompanying report shall be forwarded to the planning commission of the municipality for recommendations, prior to presenting the plan to the goveming body of the municipality for approval under ORS 457.095." ORS 457.095 lists findings and determinations that must be made by the City Council in its adopting ordinance. The attached staff report evaluates the Downtown Urban Renewal Plan and Report for compliance .with ORS 457.095. CONCLUSION On the basis of its review of the Downtown Urban Renewal Plan and Report, staff finds that the Plan and Report provide a sufficient basis to make the findings and determinations required by ORS457.095. This general finding is supported by the specific findings of fact and conclusion in the Staff Report attached hereto. RECOMMENDATION It is RECOMMENDED by the Planning Commission of Springfield that The Downtown Urban Renewal Plan and Downtown Urban Renewal Plan Report, (be approved) (be approved with revisions) (be denied) by the Springfield City Council. This RECOMMENDATION was presented to and approved by the Planning Commission on October 2, 2007. Planning Commission Chairperson ATTEST: AYES: NOES: ABSENT: ABSTAIN: Attachment 5-1 Ate Received: /tJA/fJ) Planner: MM BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD REVIEW AND RECOMMENDATION REGARDING THE DOWNTOWN URBAN RENEWAL PLAN AND REPORT THAT WOULD ESTABLISH A NEW URBAN RENEWAL DISTRICT IN DOWNTOWN SPRINGFIELD LRP2bC>7-0ccfJ7 FINDINGS, CONCLUSION AND RECOMMENDATION NATURE OF THE APPLICATION This proposal would establish a downtown urban renewal district that would be administered by the Springfield Economic Development Agency. ORS 457.085(4) states, "An urban renewal plan and accompanying report shall be forwarded to the planning commission of the municipality for recommendations, prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095.. ORS 457.095 lists findings and determinations that must be made by the City Council in its adopting ordinance. The attached staff report evaluates the Downtown Urban Renewal Plan and Report for compliance with ORS 457.095. CONCLUSION On the basis of its review of the Downtown Urban Renewal Plan and Report, staff finds that the Plan and Report provide a sufficient basis to make the findings and determinations required by ORS457.095. This general finding is supported by the specific findings of fact and conclusion in the Staff Report attached hereto. RECOMMENDATION It is RECOMMENDED by the Planning Commission of Springfield that The Downtown Urban Renewal Plan and Downtown Urban Renewal Plan Report, (be approved) (be approved with revisions) (be denied) by the Springfield City Council. This RECOMMENDATION was presented to and approved by the Planning Commission on October 2, 2007. ~L Plrnrj Commission Chairperson ATTEST: AYES: NOES: ABSENT: ABSTAIN: -1- -%- , Date Received: I ~hlt7 Planner: MM Proposal to form the Springfield Downtown Urhan Renewal District Staff Report October 2, 2007 I. Executive Summary ORS 457.085(4) states, "An urban renewal plan and accompanying report shall be forwarded to the planning commission of the municipality for recommendations, prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095." The statute does not provide specific criteria for the Commission to use in evaluating the Draft Downtown Urban Renewal Plan (plan) or the Draft Downtown Urban Renewal Report (Report). ORS 457.095 does list certain determinations and fmdings that must be included in the adopting ordinance that will be acted upon by the City Council. These determinations and fmdings must conclude: I. The urban renewal area is blighted; 2. The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; 3. The urban renewal plan conforms to the comprehensive plan and economic development plan, ifany, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes; 4. Provision has been made to house displaced persons within their fmancial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing; 5. If acquisition of real property is provided for, that it is necessary; 6. Adoption and carrying out of the urban renewal plan is economically sound and feasible; and 7. The municipality shall assume and complete any activities prescribed it by the urban renewal plan. Staffhas reviewed the Plan and Report with respect to the elements found in ORS 457.495 and concludes that they provide a sufficient basis for the City Council to make the determinations and findings found in the statute. II. Procedural Requirements ORS 457.095 does not specify notice requirements or other procedural requirements for the Planning Commission review of the urban renewal plan and ..:'pu.:. The statute does not even require that the Planning Commission review include a public hearing. A public hearing is required by the statute as part of the City Council's review and adoption proceedings. The Planning Commission, in its capacity as the Committee for Citizen Involvement, reviewed and approved a citizen participation program that included uppu. :.mities for the public to comment on the urban renewal plan. Outreach for public involvement in advance of the October 2nd Planning Commission hearing has included: Downtown Urban Renewal Plan and Repon StaffRepon I ,te Received: /1/7 (07 Planner: MM . A direct mailing to all property owners and residents in the urban renewal district describing urban renewal and inviting them to the "Town Hall" meeting on September 20. . Two "Town Hall" meetings that were publicized with display ads in the Register Guard <August 7, September 20). Handouts were distributed at these meetings highlighting the Planning Commission hearing on October 2 and other opportunities to comment on the Plan. . Placing of information about the Plan and Report on the City website and the Planning Division website. . Meetings with the staff and elected bodies of the affected taxing bodies within the district. . Presentations to the Chamber of Commerce, Lions Club and other community organizations. Handouts were distributed at these meetings highlighting the Planning Commission hearing on October 2 and other opportunities to comment on the Plan. . Media stories in the Register Guard and Springfield Beacon. . Display ad in the Register Guard, publicizing the Planning Commission hearing on October 2. III. Determinations and Findings Specified by ORS 457.095 1. The urban renewal area is blighted; Addressing blight is central to the purpose of urban renewal districts. The Oregon Revised Statutes (ORS 457.010) defines "blight" as follows (underlining is added for emphasis, and nwneration is added for clarity): "Blighted areas mean areas which, by reason of deterioration, faulty planning, inadequate or improper facilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, are detrimental to the safety, health or welfare of the community. A blighted area is characterized by the existence of one or more of the following conditions: I. 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 anyone or a combination of the following conditions: a) Defective design and quality of physical construction; b) Faulty interior arrangement and exterior spacing; c) Overcrowding and a high density of population; d) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; e) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses; f) An economic dislocation, deterioration or disuse of l"UI'~"1 resulting from faulty planning; Down/own Urban Renewal Plan and Report Staff Report 2 .te Received: /0(Z/07 , . Planner: MM g) The division or subdivision and sale of t'.ut'~.;j or lots of irregular form and shape and inadequate size or dimensions for property usefulness and development; and h) The laying out of property or lots in disregard of contours, drainage and other physical characteristics of the terrain and surrounding conditions; 2. The existence of inadequate streets and other rights-of-way, open spaces and utilities; 3. The existence of property or lots or other areas which are subject to inundation by water; 4. 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; 5. A growing or total lack of proper utilization of areas, resulting in a stagnant and unproductive condition ofland potentially useful and valuable for contributing to the public health, safety, and welfare; or 6. A loss of population and reduction of t'. ut'~. 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." Note that it is not necessary for each of the cited conditions to be present in the renewal area, or that these conditions are prevalent in each and every sector of the urban renewal area Findings: I. A survey of buildings in the dOMltoMl core area in 2004 revealed that 59% of dOMltoMl structures fit the Department of Housing and Urban Development's (HUD) criteria for blight. This is significantly higher than the threshold required to qualify for HUD's Community Development Block Grant (CDBG) program designation as a blighted area The condition of some of these t'.ut'~.;;es may make it economically infeasible to rehabilitate or repair them. As a result, HUD approved the designation of the dOMltoMl as a blighted area, enabling the area to qualify for special assistance under the CDBG program. 2. Recognition of blighted conditions within the dOMltoMl area goes back to the early 1980's. The 1984 "DoMltoMl Tomorrow" report of the Springfield DOMltoMl Commission, opens with this observation of conditions in the DOMltoMl: "Downtown Springfield has needed revitalization for a long time. The jumbled mix of signs. vacant buildings. ragged patches of landscaping, crumbling sidewalks. and heavy vehicle through-traffic vividly portray a lack of care and a message of neglect. " DOWn/own Urban Renewal Plan and Report Staff Report 3 ~ uate ReceiVed:~/)) Planner: MM 3. A windshield survey of the urban renewal area in 2007 shows the urban renewal area contains buildings in various states of disrepair including residential properties (along South Mill and South 18th); commercial properties (along Main Street and South A); and industrial properties (along South Mill). These buildings show evidence of extensive deterioration of roofing, siding, foundations, steps, and exterior trim. Repairing and maintaining doWntown buildings is essential for the recovery of any historic district. 4. High vacancy rates and tenant turn-over have characterized the urban renewal area. Commercial lease rates today remain low compared to the remainder of the Eugene-Springfield market. 1bis has made it difficult for property owners to maintain existing buildings and has worked against privately financed rehabilitation and redevelopment. 1bis has contributed to the continuing deterioration and blight conditions in the downtown area 2. The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; Findings: 5. ORS 457.010(5) links blight conditions such as the "lack of proper utilization of areas, resulting in a stagnant and unproductive condition of land" to public health, safety, and the welfare of the municipality. By this definition, remediation of blight promotes public health, safety and the welfare of the community. 6. The Plan and Report document the existence of blight in the urban renewal area. These documents also outline projects and expenditures that use redevelopment and rehabilitation to remove blight from the area. 3. The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes; The Eugene Springfield Metropolitan Area General Plan (Metro Plan) is the comprehensive plan guiding Springfield's development. The Metro Plan includes an "Economic Element" that describes policies for economic development. The Downtown Refinement Plan is a more detailed description of comprehensive plan policies for the Downtown area. It also contains an "Economic Element." The City has no adopted Economic Plan document. Policies found in the Metro Plan and Downtown Refmement Plan support efforts to keep the central business districts healthy and support using a variety of public financing mechanisms to help in those efforts. Downtown Urban Renewal Plan and Report Staff Report 4 Findings: Date ReceiVed:~7 Planner: MM 7. The Metro Plan, Economic Element Policy B.14, states: Continue efforts to keep the Eugene and Springfield central business districts as vital centers of the metropolitan area. 8. The Downtown Refmement Plan, Economic Element Policy 3, states: The City shall maintain a variety of strategies and funding sources as incentives to development and redevelopment of the Downtown. This should include, but not be limited to: Stale Revolving Loan Funds; Industrial Development Revenue Bonds; Oregon Business Development Fund; state lottery funds; CDBG grants and loan programs; tax increment financing; local improvement districts; economic improvement districts; and, special assessment districts. Appendix 2 of the Plan contains numerous references to the Metro Plan, Downtown Refinement Plan and other planning documents that support many of the individual projects described in the Plan. 4. Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waitingfor existing federally subsidized housing; Finding: 9. The Plan and Report do not specify projects that would require relocation of persons. Section 1200 of the Plan (pg. 23) describes how the issue would be handled should relocation of individuals be required. Section 1200 states: "To the extent required by law, SEDA will provide relocation assistance to all persons or businesses displaced temporarily or permanently by project activities. As required, those displaced will be given assistance in finding replacement properties. As required, all persons or businesses which may be displaced will be contacted to determine specific relocation needs and will be provided information on available housing or commercial/industrial p.vp".;j as may be applicable, and will be given assistance in moving. All relocation activities will be undertaken and payments made in accordance with the requirements ofORS 281.045-281.105 and any other applicable laws or regulations. Relocation payments will be made as provided in ORS 281.060. Payments made to persons displaced from dwellings will assure that they will have available to them decent, safe, and sanitary dwellings at costs or rents within their financial reach. As required, payment for moving ""p"uSes will be made to residents and businesses displaced. SEDA may contract with Oregon Department of Transportation or other parties to help administer its relocation program." Downtown Urban Renewal Plan and Report Staff Report 5 1- C ; ReceiVed:W7 Planner: MM 5. If acquisition of real property is provided for, that it is necessary; The Plan does not specify any property acquisitions and does not allocate revenues for P'vp",;; acquisition. The Plan reserves the right to acquire property, if needed, under the procedures detailed in Section 700 of the Plan. 6. Adoption and carrying out of the urban renewal plan is economically sound and feasible; and Charles Kupper, a consultant hired to assist the City with the preparation of the Plan and the Report has used data from the city and from the Lane Assessor's Office to complete the Tables 7, 8, and 9 in the Report (pages 21-27). These tables estimate cash flow, project revenues, project costs and the taxes foregone by taxing bodies over the life of the Plan. Section 500 of the Report provides a fmancial analysis of the Plan. The maximum allowable debt under the y.~y~sed 25 million dollar project budget is 43,010,000. The Plan balances the project costs and debt load with reasonable estimates of revenues (Table 7). The balance achieved demonstrated the general feasibility of the Plan. Actual project spending will depend on tangible revenues or resources available at the time of project initiation. 7. The municipality shall assume and complete any activities prescribed it by the urban renewal plan. The Plan lists categories of spending (Report Table 9, pg. 27) as well as specific projects. Spending will be restricted these categories and to the 25 million dollars in project costs and the associated maximum indebtedness. Spending is generally limited to projects within the urban renewal boundaries and to the 25 million dollars in project costs listed in the Plan. Any significant amendment to the district boundary or to the 25 million dollar figure will require voter approval. Conclusion and Recommendation The findings and determinations contained in this report demonstrate that the Downtown Urban Renewal Plan and Report provide a sufficient basis for the City Council to make the required findings found in ORS 457.095. Staff recommends that the Planning Commission forward a recommendation to the City Council approving the Downtown Urban Renewal Plan. Downtown Urban Renewal Plan and Report Staff Report 6 . Chapter 457 - Urban Renewal Date Recf" -1(j:~/{)1 Planner: 1....1 Page I of 18 . The text appearing in this datahase was produced from material provided by the Legislative Counsel Committee of the Oregon Legislative Assembly. The official record copy is the printed published copy of the Oregon Revised Statutes. The tert in the database It the official text of Oregon law. Although efforts have been made to match the database text to the official legal text tbey represent, substantive errors or differences may remain. It is the user's responsibility to verify the legal accuracy of all legal text. Tbe Legislative Counsel Committee claims copyright protection in those parts of Oregon Revised Statutes that are legally subject to ...,'. :"ht protection. The State of Oregon is not liable for any loss or damage resulting from errors introduced into tbe materials supplied by the Legislative Counsel Committee, by a user or any third party, or resulting from any defect in or misuse of any search software, drivers or other equipment. Hint: Use your browser's Find feature (usually found in the Edit menu) to get to a section more quickly. Chapter 457 - Urban Renewal 2005 EDITION URBAN RENEWAL PUBLIC HEALTH AND SAFETY GENERAL PROVISIONS 457.010 Definitions 'L 1.020 Declaration of necessity and purpose 457.025 Powers supplemental to other laws URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES 457.035 Urban renewal agencies; creation; ordinance to exercise powers; jurisdiction 457.045 Election of method of exercise of urban renewal agency's powers 457.055 Transfer of agency powers 457.065 Advisory board for housing authority acting as urban renewal agency 457.075 Termination of urban renewal agency 457.085 Urban renewal plan requirements; accompanying report; contents; approval required 457.095 Approval of plan by ordinance; required contents of ordinance; notice 457.105 Approval of plan by other municipalities '.115 Manner of newspaper notice 457.120 When additional notice required; to whom sent; content; notice by publication http://landru.leg.state.or.us/ors/457.htmI 9/26/2007 . Chapter 457 - Urban Renewal Page 2 of 18 Date Received: 1~/07 Planner: MM 4~7.125 Recording of plan upon approval 457.135 Conclusive presumption of plan validity 457.160 Exception to plan requirements for disaster areas 457.170 Urban renewal agency's powers in planning or undertaking an urban renewal project 457.180 Powers of urban renewal agencies in general 457.190 Acquisition of funds by urban renewal agency; maximum amount of indebtedness Note Bonded indebtedness if project agreed to prior to September 29, 1991--1991 c.459 ~335e 457.210 Applicability of housing cooperation law to urban renewal projects; delegation of powers and functions 457.220 Plan amendment; limit on additional land 457.230 Disposition ofland in urban renewal project; determination of value; obligations of purchaser or lessee; recordation 457.240 Tax status ofland leased under an urban renewal plan 4~7.320 Municipal assistance under plan; assumption by agency of general obligation bond payments of municipality TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS 457.420 Plan may provide for division of property taxes; limits on land area 457.430 Certification of assessed value of property in urban renewal area; amendment 457.435 Property tax collection methods for existing plans; special levies 457.437 Consultation with municipalities; resolution requirements 457.440 Computation of amounts to be raised from t'.vt''''~i taxes; notice; rules 457.450 Notice to tax assessor; provision for debt retirement; distribution of remaining tax increment funds 457.460 Financial report required for agency; contents; notice GENERAL PROVISIONS 457.010 Defmitions. As used in this chapter, unless the context requires otherwise: (I) "Blighted areas" means areas that, by reason of deterioration, faulty planning, inadequate or improper f~"ilities, deleterious land use or the existence of unsafe structures, or any combination of these factors, are imental 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 http://landru.leg.state.or.us/ors/457.html 9/26/2007 . Chapter 457 - Urban Renewal , ~/ 7 Page 3 of18 R . ed' 0 [.,/ 0 Date JIV. , . Planner: MM . other purposes, or any combination of those uses, that are unfit or unsafe to occupy for those purposes because of any (\"e or a combination of the following conditions: (A) Defective design and quality of physical construction; (B) Faulty interior arrangement and exterior spacing; (C) Oh..~<u.vding and a high density of population; (0) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; or (E) 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 ofirregular fonn and shape and inadequate size or dimensions for y.uy';'.~J' usefulness and development; (d) The laying out 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 that 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 p,up'" 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 (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. (2) "Certified statement" means the statement prepared and filed pursuant to ORS 457.430 or an amendment to the certified statement prepared and filed pursuant to ORS 457.430. (3) "City" means any incorporated city. (4) "Consolidated billing tax rate" means: ;a) If the urban renewal plan is an existing urban renewal plan (other than an existing urban renewal plan designated as an Option Three plan under ORS 457.435 (2)(c)) or an urban renewal plan adopted on or after October 6,2001, the total of all district tax rates used to extend taxes after any adjustment to reflect tax offsets under ORS 310.105, but does not include any rate derived from: (A) Any urban renewal special levy under ORS 457.435; (B) A local option tax, as defined in ORS 280.040, that is approved by taxing district electors after October 6, 2001; or (C) A tax pledged to repay exempt bonded indebtedness (other than exempt bonded indebtedness used to fund local government pension and disability plan obligations that, until funded by the exempt bonded indebtedness, were described in section 11 (5), Article XI of the Oregon Constitution), as defined in ORS 310.140, that is approved by taxing district electors after October 6, 200 I; and (b) In the case of all other urban renewal plans, the total of all district ad valorem y.up"';i tax rates used to extend taxes after any adjustments to reflect tax offsets under ORS 310.105, except that "consolidated billing tax rate" does not include any urban renewal special levy rate under ORS 457.435. (5)(a) "Existing urban renewal plan" means an urban renewal plan that provides for a division of ad valorem y.vy,;,.;j taxes as described under ORS 457.420 to 457.460 adopted by ordinance before December 6,1996, that: (A) Except for an amendment made on account ofORS 457.190 (3) and subject to paragraph (b) of this subsection, is not changed by substantial amendment, as described ill ORS 457.085 (2)(i)(A) or (B), on or after December 6, 1996; and (B) For tax years beginning on or after July I, 1998, includes the limit on indebtedness as described in ORS 457.190 (3). (b) If, on or after July I, 1998, the maximum limit on indebtedness (adopted by ordinance before July I, 1998, ""'rsuant to ORS 457.190) of an existing urban renewal plan is changed by substantial amendment, then lebtedness issued or incurred to carry out the existing urban renewal plan" for purposes ofORS 457.435 includes only the indebtedness within the indebtedness limit adopted by ordinance under ORS 457.190 (3)(c) before July I, 1998. http://Iandru.leg.state.or.uslorsl4 57 .htrnI 9/26/2007 . Chapter 457 - Urban Renewal Date. . -"';eived: /",/t~ I Planner: MM (6) "Fiscal year" means the fiscal year commencing on July I and closing on June 30. (7) "Governing body of a municipality" means, in the case of a city, the common councilor other legislative ly thereof, and, in the case of a county, the board of county commissioners or other legislative body thereof. (8) "Housing authority" or "authority" means any housing authority established pursuant to the Housing Authorities Law. (9) "Increment" means that part of the assessed value of a taxing district attributable to any increase in the assessed value of the property located in an urban renewal area, or portion thereof, over the assessed value specified in the certified statement (10) "Maximum indebtedness" means the amount of the principal of indebtedness included in a plan pursuant to ORS 457.190 and does not include indebtedness incurred to refund or refmance existing indebtedness. (11) "Municipality" means any county or any city in this state. "The municipality" means the municipality for which a particular urban renewal agency is created. (12) "Taxing body" or "taxing district" means the state, city, county or any other taxing unit which has the power to levy a tax. (13) "Urban renewal agency" or "agency" means an urban renewal agency created under ORS 457.035 and 457.045. (14) "Urban renewal area" means a blighted area included in an urban renewal plan or an area included in an urban renewal plan under ORS 457.160. (15) "Urban renewal project" or ''project'' means any work or undertaking carried out under ORS 457.170 in an urban renewal area. (16) "Urban renewal plan" or "plan" means a'plan, as it exists or is changed or modified from time to time for one or more urban renewal areas, as provided in ORS 457.085, 457.095, 457.105, 457.115, 457.120, 457.125, 457.135 and 457.220. [Amended by 1957 cA56 ~I; 1969 c.225 ~I; 1979 c.621 ~IO; 1991 c.67 ~128; 1991 cA59 ~330; 1997 c.541 ~442; 1999 c.21 ~76; 1999 c.579 ~25; 2001 cA77 ~I; 2003 c.621 ~106] Page 4 of 18 457.020 Declaration of necessity and purpose. It hereby is found and declared: (I) That there exist within the state blighted areas. (2) That such areas impair economic values and tax revenues. (3) That such areas cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health, safety and welfare, fire and accident protection and other public services and facilities. (4) That certain blighted areas may require acquisition and clearance since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation, but other areas or portions thereof may be susceptible of conservation or rehabilitation in such manner that the conditions and evils mentioned in subsections (1), (2) and (3) of this section may be eliminated, remedied or prevented and that such areas should, if possible, be conserved and rehabilitated through app.up.:ate public action and the cooperation and voluntary action of the owners and tenants of p.up.:..;! in such areas. (5) That the acquisition, conservation, rehabilitation, redevelopment, clearance, replanning and preparation for rebuilding of these areas, and the prevention or the reduction of blight and its causes, are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern. (6) That there are also certain areas where the condition of the title, the diverse ownership of the land to be assembled, the street or lot layouts or other conditions prevent a proper development of the land, and that it is in the public interest that such areas, as well as blighted areas, be acquired by eminent domain and made available for sound and wholesome development in accordance with a redevelopment or urban renewal plan, and that the exercise of the power of eminent domain and the fmancing of the acquisition and preparation of land by a public agency for such redevelopment or urban renewal is likewise a public use and purpose. (7) That redevelopment and urban renewal activities will stimulate residential construction which is closely related with general economic activity; that undertakings authorized by this chapter will aid the production of better housing and more desirable neighborhood and community development at lower costs and will make possible a more stable and larger volume of residential construction, which will assist materially in maintaining full http://landru.leg.state.or . us/orsl4 57 .html 9/26/2007 . Chapter 457 - Urban Renewal Date Rece..dd: 'oh/~, , I Planner: MM Page 5 of 18 . employment (8) That the necessity in the public interest for this chapter is a matter oflegislative determination. [Amended by 7 c.456 ~2; 1979 c.621 ~II] 457.025 Powers supplemental to other laws. The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law. [Formerly 457.110] 457.030 [Amended by 1957 c.456 ~18; repealed by 1979 c.621 ~28] URBAN RENEWAL AGENCIES; PLANS; ACTIVITIES 457.035 Urban renewal agencies; creation; ordinance to exercise powers; jurisdiction. (I) In each municipality, as defined in ORS 457.010, there hereby is created a public body corporate and politic to be known as the "urban renewal agency" of the municipality. However, the urban renewal agency shall not exercise its powers until or unless the governing body of the municipality, by nonemergency ordinance, declares that blighted areas exist in the municipality and that there is need for an urban renewal agency to function in the municipality and elects to have the powers of an urban renewal agency "A,;..~;Sed in any of the three ways provided in ORS 457.045. (2) An urban renewal agency, upon activation under subsection (1) of this section, shall have authority to exercise its powers within the same area of operation given a housing authority of the municipality under ORS 456.060. [Formerly 457.130] 457.040 [Repealed by 1979 c.621 ~28] 457.045 Election of method of exercise of urban renewal agency's powers. The governing body of a IT'''nicipality shall, in the ordinance adopted under ORS 457.035, elect to have the powers of an urban renewal ICY under this chapter exercised in one of the following ways: (1) By a housing authority of the municipality established pursuant to the Housing Authorities Law in which case the name of the body Cv'pv.",te and politic shall be the "housing authority and urban renewal agency" of the municipality. (2) By appointing a board or commission composed of not less than three members. (3) By the governing body, itself, provided, however, that any act of the governing body acting as the urban renewal agency shall be, and shall be considered, the act of the urban renewal agency only and not of the governing body. [Formerly 457.140] 457.050 [Amended by 1953 c.230 ~3; 1957 c.456 ~19; repealed by 1979 c.621 ~28] 457.055 Transfer of agency powers. At any time following adoption of the ordinance under ORS 457.035, or for urban renewal agencies activated before October 3, 1979, at any time following adoption of a P'Vp'" resolution or ordinance of the governing body of the municipality, the governing body of a municipality may, by ordinance, transfer the authority to exercise the powers of the urban renewal agency to any other body authorized to exercise those powers under ORS 457.045. All duties and obligations of the urban renewal agency shall thereafter be assumed by the body to which those powers are transferred. [1979 c.621 ~16 (enacted in lieu of 457.145)] 457.060 [Repealed by 1979 c.621 ~28] 457.065 Advisory board for housing authority acting as urban renewal agency. For the purpose of coordinating its activities and undertakings under this chapter with the needs and undertakings of other local ,,'''anizations and groups, a housing authority exercising the powers of an urban renewal agency under ORS 457.045 .1 establish an advisory board consisting of the chairperson of the authority, who shall be chairperson of the advisory board, and of sufficient members, to be appointed by the chairperson, to represent as far as practicable: (I) The general public and consumers of housing. http://landru.leg.state.or.us/ors/4 57 .htrnl 9(26/2007 . Chapter 457 - Urban Renewal Date Rece' -:I: ID/v/67 I ' Planner: tv.... Page 6 of 18 (2) General business interests. (3) Real estate, building and home fmancing interests. (4) Labor. (5) Any official planning body in the locality. (6) Church and welfare groups. [Formerly 457.100] 457.070 [Repealed by 1979 c.621 ~28] 457.075 Termination of urban renewal agency. If the governing body of a municipality which has an urban renewal agency under ORS 457.035 finds that there no longer exists a need for an urban renewal agency in the municipality, the governing body shall provide, by ordinance, for a termination of the agency and a transfer of the agency's facilities, files and personnel to the municipality. The termination of an urban renewal agency shall not affect any outstanding legal actions, contracts or obligations of the agency and the municipality shall be substituted for the agency and, for the purpose of those legal actions, contracts or obligations, shall be considered a continuation of the urban renewal agency and not a new entity. No urban renewal agency shall be terminated under this section unless all indebtedness to which a portion of taxes is irrevocably pledged for payment under ORS 457.420 to 457.460 is fully paid. [1979 c.621 ~6; 1991 c.459 ~331; 1997 c.541 ~443] 457.080 [Repealed by 1979 c.621 ~28] 457.085 Urban renewal plan requirements; accompanying report; contents; approval required. (I) An urban renewal agency shall provide for public involvement in all stages in the development of an urban renewal plan. (2) An urban renewal plan proposed by an urban renewal agency shall include all of the following: . (a) A description of each urban renewal project to be undertaken. (b) An outline for the development, redevelopment, improvements, land acquisition, demolition and removal of ;tures, clearance, rehabilitation or conservation of the urban renewal areas of the plan. (c) A map and legal description of the urban renewal areas of the plan. (d) An explanation of its relationship to definite local objectives regarding appropriate land uses and improved traffic, public transportation, public utilities, telecommunications utilities, recreational and community facilities and other public improvements. (e) An indication of proposed land uses, maximum densities and building requirements for each urban renewal area. (f) A description of the methods to be used for the temporary or permanent relocation of persons living in, and businesses situated in, the urban renewal area of the plan. (g) An indication of which real property may be acquired and the anticipated disposition of said real property, whether by retention, resale, lease or other legal use, together with an estimated time schedule for such acquisition and disposition. (h) If the plan provides for a division of ad valorem taxes under ORS 457.420 to 457.460, the maximum amount of indebtedness that can be issued or incurred under the plan. (i) A description of what types of possible future amendments to the plan are substantial amendments and require the same notice, hearing and approval procedure required of the original plan under ORS 457.095 as provided in ORS 457.220, including but not limited to amendments: (A) Adding land to the urban renewal area, except for an addition ofland that totals not more than one percent of the existing area of the urban renewal area (B) Increasing the maximum amount of indebtedness that can be issued or incurred under the plan. 0) For a project which includes a public building, an explanation of how the building serves or benefits the urban renewal area (3) An urban renewal plan shall be accompanied by a report which shall contain: (a) A description of physical, social and economic conditions in the urban renewal areas o{the plan and the expected impact, including the fiscal impact, of the plan in light of added services or increased population; (b) Reasons for selection of each urban renewal area in the plan; http://landruJeg.state.or.us!orsl457.html ". 9/26/2007 . Chapter 457 - Urban Renewal ! /. Page 7 of 18 D"'~Received: 1 0 'V &>1 ... , , Planner: MM (c) The relationship between each project to be undertaken under the plan and the existing conditions in the urban J'f"TJewal area; (d) The estimated total cost of each project and the sources of moneys to pay such costs; ( e) The anticipated completion date for each project; (f) The estimated amount of money required in each urban renewal area under ORS 457.420 to 457.460 and the anticipated year in which indebtedness will be retired or otherwise provided for under ORS 457.420 to 457.460; (g) A fmancial analysis of the plan with sufficient information to determine feasibility; (h) A fiscal impact statement that estimates the impact of the tax increment financing, both until and after the indebtedness is repaid, upon all entities levying taxes upon property in the urban renewal area; and (i) A relocation ...yv.; which shall include: (A) An analysis of existing residents or businesses required to relocate permanently or temporarily as a result of agency actions under ORS 457.170; (B) A description of the methods to be used for the temporary or permanent relocation of persons living in, and businesses situated in, the urban renewal area in accordance with ORS 35.500 to 35.530; and (C) An enumeration, by cost range, of the existing housing units in the urban renewal areas of the plan to be destroyed or altered and new units to be added. (4) An urban renewal plan and accompanying report shall be forwarded to the planning commission of the municipality for recommendations, prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095. (5) An urban renewal plan and accompanying report shall be forwarded to the governing body of each taxing district affected by the urban renewal plan and the agency shall consult and confer with the taxing districts prior to presenting the plan to the governing body of the municipality for approval under ORS 457.095. Any. written recommendations of the governing body of each taxing district shall be accepted, rejected or modified by the governing body of the municipality in adopting the plan. (6) No urban renewal plan shall be carried out until the plan has been approved by the governing body of each ucipality pursuant to ORS 457.095 and 457.105. [1979 c.621 ~2; 1983 c.544 ~I; 1987 c.668 ~l; 1987 c.447 ~130; 1991 c.459 ~332; 1997c.541 ~444] 457.090 [Repealed by 1979 c.621 ~28] 457.095 Approval of plan by ordinance; required contents of ordinance; notice. The governing body of the municipality, upon receipt of a proposed urban renewal plan and . ..yv.; from the municipality's urban renewal agency and after public notice and hearing and consideration of public testimony and planning commission recommendations, if any, may approve the urban renewal plan. The approval shall be by nonemergency ordinance which shall incorporate the plan by reference. Notice of adoption of the ordinance approving the urban renewal plan, and the provisions ofORS 457.135, shall be published by the governing body of the municipality in accordance with ORS 457.115 no later than four days following the ordinance adoption. The ordinance shall include determinations and fmdings by the governing body that: (I) Each urban renewal area is blighted; (2) The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the municipality; (3) The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes; (4) Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing; (5) If acquisition of real property is provided for, that it is necessary; (6) Adoption and carrying out of the urban renewal plan is economically sound and feasible; and (7) The municipality shall assume and complete any activities prescribed it by the urban renewal plan. [1979 c.621 ~3; 1989 c.224 ~121] http://Iandru.Ieg.state.or.us!0rs/457.html 9/26/2007 . Chapter 457 - Urban Renewal Date ReceiVed:~7 Planner: MM Page 8 of 18 457.100 [Amended by 1979 c.621 912; renumbered 457.065] 457.105 Approval of plan by other municipalities. In addition to the approval of a plan by the governing body of the municipality under ORS 457.095, when any portion of the area of a proposed urban renewal plan extends beyond the boundaries of the municipality into any other municipality and, in the case of a proposed plan by a county agency, when any portion of such area is within the boundaries of a city, the governing body of the other municipality may approve the plan and may do so by resolution, rather than by ordinance. A proposed plan for an urban renewal area which is wholly within the boundaries of a city, or which is wholly within the boundaries of a county and does not include any area within the boundaries of a city, must be approved only by the governing body of the municipality in accordance with ORS 457.095. [1979 c.621 93a; 1987 c.668 92] 457.110 [Renumbered 457.025] 457.115 Manner of newspaper notice. Notice of adoption of an urban renewal plan required under ORS 457.095 and notice offiling of an annual fmancial statement required under ORS 457.460 shall be published in the newspaper, as defmed in ORS 193.010, having the greatest circulation in the municipality and which is published within the municipality. Ifno newspaper is published within the municipality, the required notice shall be published in the newspaper having greatest circulation within the municipality published nearest to the municipality. [1979 c.621 93b] 457.120 When additional notice required; to whom sent; content; notice by publication. (I) In addition to any required public notice of hearing on a proposed urban renewal plan or substantial amendment or change to a plan, as described in ORS 457.085 (2)(i) and 457.220, the municipality shall cause notice ofa hearing by the pnverning body on a proposed plan for a new urban renewal area or on a proposed change containing one of the :s of amendments specified in ORS 457.085 (2)(i) to be mailed to each individual or household in one of the following groups: (a) Owners of real property that is located in the municipality; (b) Electors registered in the municipality; (c) Sewer, water, electric or other utility customers in the municipality; or (d) Postal p";" uuS in the municipality. (2) If the urban renewal area governed by the plan or substantial amendment thereof extends beyond the boundaries of the municipality, notice shall also be sent to each individual in the selected group who is located in the urban renewal area (3) The notice required by this section shall contain a statement in plain language that: (a) The governing body, on a specified date, will hold a public hearing and consider an ordinance adopting or substantially amending an urban renewal plan; (b) The adoption or amendment may impact p.up".;j tax rates; (c) States the proposed maximum amount of indebtedness that can be issued or incurred under the plan or amendment; (d) The ordinance, if approved, is subject to referendum; and (e) A copy of the ordinance, urban renewal plan and accompanying report can be obtained by contacting a designated person within the municipality. . (4) If the municipality which activated the urban renewal agency is a county: (a) The notice required by subsection (I) of this section shall be sent to each individual or household in one of the groups listed in subsections (I)(a) to (d) of this section, except that the notice need be sent only to those individuals or households located in a school district with territory affected or to be affected by the tax increment fmancing for th~ new urban renewal area or proposed change. (b) In addition to the notice under paragraph (a) of this subsection, the county shall cause notice to be published in a paper of general circulation throughout the county. The published notice shall contain the information described in subsection (3) of this section, be published in an advertisement not less than three inches in height and three inches http://landru.Ieg.state.or. us/ors/ 457 .htmI 9/26/2007 ~-ChaPter 4~7 - Urban Renewal ~/ Page 9 of18 ie Received: 07 I ' Planner: MM . in width and be located in a general interest section of the newspaper other than the classified advertisement section. p 991 c.459 9335f; 1997 c.541 9445] Note: 457.120 was added to and made a part ofORS chapter 457 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. 457.125 Recording of plan upon approval. A copy of the ordinance approving an urban renewal plan under ORS 457.095 shall be sent by the governing body of the municipality to the urban renewal agency. A copy of the resolution approving an urban renewal plan under ORS 457.105 shall be sent by the governing body ofa municipality to the urban renewal agency. Upon receipt of the necessary approval of each municipality governing body, the urban renewal plan shall be recorded by the urban renewal agency with the recording officer of each county in which any portion of an urban renewal area within the plan is situated. [1979 c.621 g4] 457.130 [1957 c.456 994,5; 1979 c.621 g13; renwnbered 457.035] 457.135 Conclusive presumption of plan validity. After October 3, 1979, any urban renewal plan purported to be adopted in conformance with applicable legal requirements shall be conclusively preswned valid for all purposes 90 days after adoption of the plan by ordinance of the governing body of the municipality. No direct or collateral attack on the action may thereafter be commenced. [1979 c.621 g5] 457.140 [1957 c.456 96; 1975 c.246 gl; 1979 c.621 g14; renwnbered 457.045] 457.145 [1967 c.31l g2; repealed by 1979 c.621 g15 (457.055 enacted in lieu of 457.145)] 457.150 [1957 c.456 g8; repealed by 1979 c.621 g28] 457.160 Exception to plan requirements for disaster areas. Notwithstanding any other provisions of ORS chapters 455 and 456 or this chapter and ORS 446.515 to 446.547, where the governing body ofa municipality certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm or other catastrophe respecting which the Governor has certified the need for disaster assistance under federal law, the governing body may declare a need for an urban renewal agency, if necessary, and may "pp.uve an urban renewal plan and an urban renewal project for such area without regard to the provisions requiring: (I) That the urban renewal plan conform to the comprehensive plan and economic development plan, if any, for the municipality as a whole. (2) That the urban renewal area be a blighted area. [1957 c.456 g15; 1979 c.621 g18; 1993 c.18 g114] 457.170 Urban renewal agency's powers in planning or undertaking an urban renewal project. An urban renewal agency may plan or undertake any urban renewal project to carry out an approved urban renewal plan. In planning or undertaking an urban renewal project, the urban renewal agency has the power: (l) To carry out any work or undertaking and exercise any powers which a housing authority is authorized to perform or exercise under ORS 456.055 to 456.235, subject to the provisions of this chapter provided, however, that ORS 456.155 and 456.160 do not limit the power of an agency in event ofa default by a purchaser or lessee ofIand in an urban renewal plan to acquire property and operate it free from the restrictions in those sections. (2) To carry out any rehabilitation or conservation work in an urban renewal area (3) To acquire real property, by condemnation if necessary, when needed to carry out the plan. (4) To clear any areas acquired, including the demolition, removal or rehabilitation of buildings and improvements. (5) To install, construct or reconstruct streets, utilities and site improvements in accordance with the urban ewal plan. (6) To carry out plans for a program of the voluntary repair and rehabilitation of buildings or other improvements in an urban renewal area in accordance with the urban renewal plan. http://Iandru.leg.state.or.us/ors/ 457 .html 9/26/2007 . Chapter 457 - Urban Renewal Date P"'~ived: 'o/~ 1-7 , ~ Planner: MM (7) To assist in relocating persons living in, and p.up"';; situated in, the urban renewal area in accordance with thp. approved urban renewal plan and to make relocation payments. (8) To dispose of, including by sale or lease, any property or part thereof acquired in the urban renewal area in accordance with the approved urban renewal plan. (9) To plan, undertake and carry out neighborhood development programs consisting of urban renewal project undertakings in one or more urban renewal areas which are planned and carried out on the basis of annual increments in accordance with the provisions of this chapter for planning and carrying out urban renewal plans. (10) To accomplish a combination of the things listed in this section to carry out an urban renewal plan. [1957 c.456 97; 1969 c.225 92; 1969 c.539 9 I; 1979 c.621 919; 1995 c.79 9268] Page 10 ofI 8 457.180 Powers of urban renewal agencies in general. An urban renewal agency, in addition to its other powers, may: (I) Make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements. (2) Make plans for the enforcement of laws, codes and regulations relating to: (a) The use ofland. (b) The use and occupancy of buildings and improvements. (c) The repair, rehabilitation, demolition or removal of buildings and improvements. (3) Make plans for the relocation of persons and property displaced by an urban renewal project. (4) Make preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas. (5) Conduct preliminary surveys to determine if the undertaking and carrying out of an urban renewal project is feasible. (6) Develop, test and report methods and techniques and carry out demonstrations and other activities for the prevention and the elimination of urban blight. (7) Engage in any other housing or cornmunity development activities specifically delegated to it by the , ~ming body of the municipality including but not limited to land acquisition and disposition, conservation and rehabilitation, residential or business relocation, construction, leasing or management of housing, and the making of grants and loans from any available source. [1957 c.456 910; 1975 c.382 91] 457.190 Acquisition offunds by urban renewal agency; maximum amount of indebtedness. (I) An urban renewal agency may borrow money and accept advances, loans, grants and any other form of financial assistance from the federal government, the state, county or other public body, or from any sources, public or private, for the purposes of undertaking and carrying out urban renewal projects. (2) An urban renewal agency may do all things necessary or desirable to secure such fmancial aid, including obligating itself in any contract with the federal government for federal financial aid to convey to the federal government the project to which the contract relates upon the occurrence of a substantial default thereunder, in the same manner as a housing authority may do to secure such aid in connection with slwn clearance and housing projects under the Housing Authorities Law. (3)(a) Each urban renewal plan adopted by ordinance on or after July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 shall include in the plan the maximwn amount of indebtedness that may be issued or incurred under the plan. Notwithstanding subsection (I) of this section, if a maximwn amount ofindebtedoess is not included in the plan, the urban renewal agency may not issue indebtedness for which taxes divided under ORS 457.440 are to be pledged to carry out the plan. (b) Each urban renewal plan adopted by ordinance on or after December 6, 1996, and before July 14, 1997, that provides for a division of taxes pursuant to ORS 457.440 but does not include a maximwn amount of indebtedness that may be issued or incurred under the plan shall be changed, by substantial plan amendment pursuant to ORS 457.220, to include the maximwn amount of indebtedness that may be issued or incurred under the plan before July 1 2000. Notwithstanding subsection (I) of this section, if a maximwn amount of indebtedness is not included in the j on or before July I, 2000, the urban renewal agency may not on or after July I, 2000, issue indebtedness for which taxes divided under ORS 457.440 are to be pledged to carry out the plan. (c)(A) Each existing urban renewal plan that provides for a division of taxes pursuant to ORS 457.420 to 457.460 http://landruJeg.state.or.us/ors/4 57 .html 9/26/2007 Dat;",.,;eceiVed:~t{! Page 11 of 18 Planller: MM . may be changed by substantial amendment no later than July I, 1998, to include a maximum amount of indebtedness th'lt may be issued or incurred under the plan determined as described in subparagraph (8) of this paragraph. The itional notices required under ORS 457.120 are not required for an amendment adopted pursuant to this paragraph. (8) The maximum amount of indebtedness that may be issued or incurred under the plan, as determined for purposes of meeting the requirements of this paragraph, shall be based upon good faith estimates of the scope and costs of projects, including but not limited to increases in costs due to reasonably anticipated inflation, in the existing urban renewal plan and the schedule for their completion as completion dates were anticipated as of December 5, 1996. The maximum amount of indebtedness shall be specified in dollars and cents. (C) Notwithstanding subsection (1) of this section, if a maximum amount of indebtedness is not adopted for an existing urban renewal plan as described in this paragraph before July 1, 1998, the urban renewal agency may not collect funds under ORS 457.435. [1957 c.456 914; 1991 c.459 9333; 1997 c.541 9446] . Chapter 457 - Urban Renewal Note: Section 335e, chapter 459, Oregon Laws 1991, provides: Sec. 335e. Bonded indebtedness if project agreed to prior to September 29, 1991. Notwithstanding ORS 457.190, an urban renewal agency may issue bonded indebtedness to undertake an urban renewal project to carry out an urban renewal plan if, prior to September 29, 1991, a written contract or other written agreement for the project was made, the instrument setting forth the contract or agreement was executed and the parties were bound. The urban renewal agency of the municipality may use any of the money available to it from the issuance of the bonds for carrying out the project in accordance with the contract or agreement. [1991 c.459 9335e; 1997 c.541 9446a] 457.210 Applicability of housing cooperation law to urban renewal projects; delegation of powers and functions. (I) Any state public body, as defined in ORS 456.305, shall have the same rights and powers to cooperate with and assist urban renewal agencies with respect to urban renewal projects that such state public body has p"rsuant to ORS 456.305 to 456.325 to cw>,..."le and assist housing authorities with respect to housing projects in ,ame manner as though those sections were applicable to urban renewal agencies and projects under this chapter. (2) Any state public body, as defined in ORS 456.305, hereby is authorized to enter into a&,....~ents with any other public body, including an urban renewal agency, respecting action to be taken pursuant to any of the powers granted by this chapter, including, but not limited to, the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project. (3) An urban renewal agency hereby is authorized to delegate any of its powers or functions to the municipality or other state public body, as defmed in ORS 456.305, with respect to the planning or undertaking of an urban renewal project in the area in which such municipality or other state public body is authorized to act. The municipality, or other state public body to which the powers or functions are delegated hereby is authorized to carry out or perform such powers or functions. [1957 c.456 911] 457.220 Plan amendment; limit on additional land. (I) Except for the provisions of subsection (2) of this section, an urban renewal agency shall carry out the urban renewal plan approved under ORS 457.095. (2) Any substantial change made in the urban renewal plan shall, before being carried out, be approved and recorded in the same manner as the original plan. (3) No land equal to more than 20 percent of the total land area of the original plan shall be added to the urban renewal areas ofa plan by amendments. [1957 c.456 99; 1979 c.621 920] 457.230 Disposition ofland in urban renewal project; determination of value; obligations of purchaser or lessee; recordation. (I) The urban renewal agency shall, in accordance with the approved urban renewal plan, make land in an urban renewal project available for use by private enterprise or public agencies. Such land shall be made available at a value determined by the urban renewal agency to be its fair reuse value, which represents the value, "'~ether expressed in terms of rental or capital price, at which the urban renewal agency in its discretion determines h land should be made available in order that it may be developed, redeveloped, cleared, conserved or rehabilitated for the purposes specified in such plan. (2) To assure that land acquired in an urban renewal project is used in accordance with the urban renewal plan, an http://Iandru.leg.state.or. us! ors/4 5 7 .html 9/26/2007 Date ReC' :lei: /~/z/t>7 Planner: .."v1 . urban renewal agency, upon the sale or lease of such land, shall obligate purchasers or lessees: (a) To use the land for the purposes designated in the urban renewal plan. (b) To begin the building of their improvements within a period of time which the urban renewal agency fixes as reasonable. (3) Any obligations by the purchaser shall be covenants and conditions running with the land where the urban renewal agency so stipulates. (4) Any contract for the transfer of any interest in land by the urban renewal agency may be recorded in the land records of the county in which the land is situated in the same manner as any other contract for the transfer of an interest in hind is recorded. [1957 c.456 g 12; 1965 c.571 g I; 1967 c.312 g I] Pagel20fl8 . Chapter 457 - Urban Renewal 457.240 Tax status ofland leased under an urban renewal plan. Any property which the urban renewal agency leases to private persons as defined in ORS 174.100 under an urban renewal plan shall have the same tax status as if such leased property were owned by such private individuals or cv.,..v.,,~;ons. [1957 c.456 g13; 1983 c.327gll] 457.310 [1957 c.456 g16; repealed by 1979 c.621 g28] 457.320 Municipal assistance under plan; assumption by agency of general obligation bond payments of municipality. In addition to the other powers granted a municipality under this chapter, a municipality may exercise any of its powers otherwise provided by law to assist in the planning or the canying out of an urban renewal plan. Without limiting the powers granted by the preceding sentence, a municipality may issue its general obligation bonds for the purpose of assisting in the planning or the carrying out of an urban renewal plan. The urban renewal agency of the municipality may assume payment of the general obligation bonds and may use any of the moneys available to it for that purpose. [1957 c.456 g 17; 1979 c.621 g21] "57.410 [1961 c.554 g2; repealed by 1979 c.621 g28] TAX INCREMENT FINANCING OF URBAN RENEWAL INDEBTEDNESS 457.420 Plan may provide for division of property taxes; limits on land area. (I) Any urban renewal plan may contain a provision that the ad valorem taxes, if any, levied by a taxing district in which all or a portion of an urban renewal area is located, shall be divided as provided in section I c, Article IX of the Oregon Constitution, and ORS 457.420 to 457.460. Ad valorem taxes shall not be divided if there is no provision in the urban renewal plan for the division. (2) No plan adopted after October 3, 1979, shall provide for a division of ad valorem taxes under subsection (l) of this section if: (a) For municipalities having a population of more than 50,000, according to the latest state census: (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is provided exceeds a figure equal to 15 percent of the total assessed value of that municipality, exclusive of any increased assessed value for other urban renewal areas; or . (B) The urban renewal areas of the plan when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 15 percent of the total land area of that municipality. (b) For municipalities having a population ofless than 50,000, according to the latest state census: (A) The assessed value for the urban renewal areas of the plan, when added to the total assessed value previously certified by the assessor for other urban renewal plans of the municipality for which a division of ad valorem taxes is r....f)vided exceeds a figure equal to 25 percent of the total assessed value of that municipality, exclusive of any :eased assessed value for other urban renewal areas; or (B) The urban renewal areas of the plan, when added to the areas included in other urban renewal plans of the municipality providing for a division of ad valorem taxes, exceed a figure equal to 25 percent of the total land area of http://IandruJeg.state.or. us/orsl4 5 7.html 9/26/2007 . Chapter 457 - Urban Renewal . that municipality. (3) Property may not be included in more than one urban renewal area. [1961 c.554 g3; 1969 c.539 g2; 1971 ~ g4; 1979 c.621 g24; 1991 c.459 g334; 1997 c.541 g447] Date Rl:._Jived: /"1/'/07 Planner: MM Page 13 ofl8 457.430 Certification of assessed value of property in urban renewal area; amendment. (I) As soon as practicable after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor of each county in which an urban renewal area is located shall prepare, in duplicate, a certified statement of the total assessed value, as shown on the county assessment roll last certified prior to the effective date of the ordinance approving the plan, of all of the taxable real and personal property contained in the urban renewal area in the county. (2) Wherever only a part of an urban renewal area is located in a taxing district, the assessor also shall show in the statement required by subsection (I) of this section the assessed value of the real and personal property in the part of the urban renewal area located in the taxing district. (3) One copy of the certified statement shall be filed by the assessor with the agency and the other copy shall constitute a part of the public records of the county assessor's office. (4) Whenever a part of an urban renewal area comes within the territory of a taxing district either by annexation, incorporation of a new taxing district or consolidation, after the approval of a plan containing a provision authorized by ORS 457.420, the county assessor shall in the same manner as under subsection (3) of this section fIle a certified statement or an amendment to a certified statement to show the assessed value of the real and personal property in that part of the urban renewal area incorporated by annexation or consolidation into the taxing district. The assessed value of the real and personal y'..,y,,,;j so incorporated shall be determined in the same manner and as of the same date as provided in subsections (1) and (2) of this section. (5) When a certified statement is filed as required by subsection (1) of this section, if the law provides a reduction or increase of the valuation for tax purposes of the taxable property contained in the urban renewal area at the time of the filing, the assessor shall state the total assessed value as it is so reduced or increased. After a certified statement h~. been filed as required by subsection (1) of this section, if a law is enacted which provides a reduction or increase Ie valuation for tax purposes of the taxable property contained in the urban renewal area at the time the certified statement was filed, the assessor shall amend the certified statement annually or as otherwise required to reduce or increase the stated total aSsessed value of the real and personal property accordingly. An amendment to the certified statement shall be filed in the manner provided by subsections (3) and (4) of this section. (6)(a) Subject to subsections (4) and (5) of this section and paragraph (b) of this subsection, all certified statements and amendments thereto filed under this section before July 14, 1997, shall continue to remain in effect. (b) Effective as of the tax year beginning on July I, 1997, the assessor shall amend the amount of assessed value included in a certified statement by applying to the certified assessed value of each tax code area located within an urban renewal area the percentage obtained by dividing the total assessed value within the tax code area, including growth in assessed value over the certified assessed value, by the total real market value within the tax code area. [1961 c.554 g4; 1969 c.539 g3; 1979 c.621 g25; 1981 c.804 g105; 1983 S.s. c.5 g24; 1991 c.459 g335; 1997 c.541 g448] 457.435 Property tax collection methods for existing plans; special levies. (I) For each existing urban renewal plan that includes a provision for a division of ad valorem taxes under ORS 457.420 to 457.460, the municipality that activated the urban renewal agency that is carrying out the plan shall adopt an 'ordinance choosing one of the options listed in subsection (2) of this section as the method of collecting ad valorem property taxes sufficient to pay, when due, indebtedness issued or incurred to carry out the plan as permitted by section II (16), Article XI of the Oregon Constitution. (2) The options referred to in subsection (I) of this section are as follows: (a) Option One: To collect amounts sufficient to pay the obligations, as budgeted for the plan, from ORS 457.440, and if the amount estimated to be received from ORS 457.440 is not sufficient to meet the budgeted f'l,ligations of the plan for the tax or fiscal year, to make a special levy in the amount of the remainder upon all of the lble property of the municipality that activated the urban renewal agency and upon all of the taxable property lying outside the municipality but included in an urban renewal area of the plan. (b) Option Two: To make a special levy in the amount stated in the notice given under ORS 457.440 (2) upon all http://landru.1eg.state.or.us!orsl4 5 7.html 9/2612007 IALl- Pagel40fl8 DatE:^';;~''iceived:~7 Planner: MM . of the taxable property of the municipality that activated the urban renewal agency, and upon all of the taxable property lying outside the municipality but included in an urban renewal area of the plan. (c) Option Three: To collect an amount equal to the amount stated in the ordinance adopted as provided in subsection (I) of this section by dividing the taxes pursuant to ORS 457.440, and to make a special levy upon all of the taxable property of the municipality that activated the urban renewal agency and upon all of the taxable property lying outside the municipality but within an urban renewal area of the plan. The county assessor shall adjust the amount of the total assessed value included in the certified statement filed under ORS 457.430 so that the amount collected by dividing the taxes pursuant to ORS 457.440 does not exceed the amount stated in the ordinance to be collected by dividing the taxes pursuant to ORS 457.440. (3)(a) The total amount obtained under an option listed in subsection (2) of this section for any plan shall not exceed the maximum amount that could have been certified to the assessor for the plan under ORS 457.440 (1995 Edition) for the tax year beginning July 1, 1997. (b) For each tax year beginning after the 1997-1998 tax year, the limitation of paragraph (a) of this subsection shall be adjusted by a percentage change equal to the percentage change in the increment within the urban renewal area from the preceding year. (4)(a) The ordinance choosing the option referred to in subsection (I) of this section shall be adopted no later than July I, 1998, and shall be applicable for tax years beginning on or after July I, 1998.lfnot so adopted, the municipality shall be considered to have chosen Option One as its method of collection of ad valorem property taxes sufficient to pay, when due, indebtedness issued or incurred to carry out the existing urban renewal plan. An option, once chosen, may not be changed to another option. In addition, if Option Three is chosen, the amount specified in the ordinance choosing the option to be collected by dividing the taxes pursuant to ORS 457.440 shall not be changed by subsequent ordinance or amendment to the certified statement. (b) The option chosen, together with the particulars of the option, including but not limited to any limit on the amount to be received from ORS 457.440, shall be reflected in the notice filed by the urban renewal agency with the cr.. mty assessor. ~5)(a) The county assessor, or county assessors if the taxable property is in more than one county, shall extend the special levy against all of the taxable property of the municipality that activated the urban renewal agency and all of the taxable property lying outside the municipality but included in an urban renewal area of the plan. (b) Any amounts collected from special levies made under this section shall be paid into the special fund or funds of the urban renewal agency referred to in ORS 457.440 (6) and shall be used to pay the principal and interest to fmance or refmance the existing urban renewal plan or plans of the urban renewal agency. (6) This section applies to existing urban renewal plans with respect to principal and interest on indebtedness until the indebtedness is fully paid or it is found that deposits in the special fund are sufficient to pay the principal and interest on the indebtedness issued or incurred under the existing urban renewal plan. (7) Nothing in this section shall prevent the funding of urban renewal indebtedness as provided under ORS 457.440. [1997 c.541 ~454; 1999 c.579 ~32] . Chapter 457 - Urban Renewal 457.437 Consultation with municipalities; resolution requfrements. (1) Prior to the establishment of a maximum amount of indebtedness for an urban renewal plan under ORS 457.190 and before an option is adopted under ORS 457.435, the urban renewal agency that is carrying out the plan shall meet with the governing bodies of the municipality that activated the urban renewal agency and other municipalities affected by the urban renewal plan imd review the proposed maximum amount of indebtedness for the plan and the agency's recommended option under ORS 457.435. (2) After the meeting described in subsection (1) of this section, the governing bodies shall adopt resolutions in support of or opposition to the recommended option under ORS 457.435. (3) If an affected municipality adopts a resolution in opposition to the recommended option, then the agency's recommendations may be adopted only by the adoption of a separate resolution by the municipality that activated the "rhan renewal agency. [1997 c.541 ~454a] 457.440 Computation of amounts to be raised from property taxes; notice; rules. During the period specified under ORS 457.450: http://1andru.leg.state.or.us/orsl457.html 9(26(2007 Date Re( 'ed:~ Planner: ,viM (1) The county assessor shall determine the amount of funds to be raised each year for urban renewal within the ('./lunty levied by taxing districts in accordance with section lc, Article IX of the Oregon Constitution, and ORS ',420 to 457.460. . (2) Not later than July 15 of each tax year, each urban renewal agency shall determine and file with the county assessor a notice stating the amount of funds to be raised for each urban renewal area as follows: (a) If the municipality that activated the urban renewal agency has chosen Option One as provided in ORS 457.435 (2)(a), the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section Ic, Article IX of the Oregon Constitution, shall be raised for the agency. (b) If the municipality that activated the urban renewal agency has chosen Option Two as provided in ORS 457.435 (2)(b), the notice shall state the amount of funds to be raised by the special levy. (c) If the municipality that activated the urban renewal agency has chosen Option Three as provided in ORS 457.435 (2)(c), the notice shall state the amount of funds to be raised by special levy in addition to the amount to be raised by dividing the taxes as stated in the ordinance adopted under ORS 457.435 (1). (d) If the plan is not an existing plan, the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section Ic, Article IX of the Oregon Constitution, shall be raised for the agency. (3) If a municipality has chosen Option Three pursuant to ORS 457.435, the maximum amount of funds that may be raised for an urban renewal agency by dividing the taxes as provided in section lc, Article IX of the Oregon Constitution, may be limited by the municipality in which the urban renewal agency is located. The decision of the municipality to limit the amount of funds to be included in the notice filed under subsection (2) of this section shall be reflected in the certified statement filed by the urban renewal agency with the county assessor. (4) Not later than S"'J-';",.~ber 25 of each tax year, the assessor of any county in which a joint district is located shall provide, to the assessor of each other county in which the joint district is located, the assessed values of the property in the joint district that is located within the county, including the certified statement value and the increment for each code area containing any urban renewal area located within the joint district, and a copy of the ,,"lice filed by the urban renewal agency for the area located within the joint district under subsection (2) of this Jon. (5) The maximum amount of funds that may be raised for an urban renewal plan by dividing the taxes as provided in section I c, Article IX of the Oregon Constitution, shall be computed by the county assessor as follows: (a) The county assessor shall compute the total consolidated billing tax rate for each code area in which an urban renewal area of the plan is located. (b) The assessor shall determine the amount of taxes that would be produced by extending the tax rate computed under paragraph (a) of this subsection against the increment of each code area. (c) The total amount determined for all code areas containing urban renewal areas included within the urban renewal plan is the maximum amount of funds to be raised for the urban renewal plan by dividing the taxes. (6)(a) The maximum amount of funds that may be raised for an urban renewal agency as determined under subsection (5) of this section, or the maximum amount, as determined under subsection (2) of this section, shall be certified by the county assessor to the tax collector. The tax collector shall include the amount so certified iri the percentage schedule of the ratio of taxes on property prepared under ORS 311.390 and filed with the county treasurer. Notwithstanding ORS 311.395 (6), the county treasurer shall credit the amount to the urban renewal agency and shall distribute its percentage amount to the urban renewal agency as determined by the schedule at the times other distributions are made under ORS 311.395 (7). (b) The county assessor shall notifY the urban renewal agency of the amounts received under subsection (5) of this section or amounts received pursuant to the notice provided in subsection (2) of this section for each urban renewal plan area. Any amounts received by the urban renewal agency under paragraph (a) of this subsection shall be attributed to the urban renewal plan in which the urban renewal area is included, shall be paid into a special fund of the urban renewal agency for the urban renewal plan and shall be used to pay the principal and interest on any indebtedness issued or incurred by the urban renewal agency to finance or refmance the urban renewal plan. (7) Unless and until the total aSsessed value of the taxable property in an urban renewal area exceeds the total ~ssed value specified in the certified statement, all of the ad valorem taxes levied and collected upon the taxable property in the urban renewal area shall be paid into the funds of the respective taxing districts. . (8) The agency may incur indebtedness, including obtaining loans and advances in carrying out the urban . Chapter 457 - Urban Renewal http://landruJeg.state.or.uslorsl4 5 7 .html Page 15 of 18 9/26/2007 Date Rr ;ved:#' Planner: ,vlM . renewal plan, and the portion of taxes received under this section may be irrevocably pledged for the payment of principal of and interest on the indebtedness. (9) The Department of Revenue shall by rule establish procedures for giving notice of amounts to be raised for urban renewal agencies and for determination of amounts to be raised and distributed to urban renewal agencies. (10) The notice required under this section shall serve as the notice required under ORS 310.060 for the special levy described under ORS 457.435. [1961 c.554 95; 1979 c.621 926; 1981 c.804 9106; 1983 S.s. c.5 925; 1985 c.613 917; 1987 c.l58 987; 1991 c.459 9335a; 1997 c.541 9449; 1999 c.579 926; 2003 c.l90 916] Page 16 of 18 . Chapter 457 - Urban Renewal Note: Section 19, chapter 190, Oregon Laws 2003, provides: See. 19. The amendments to ORS 311.345, 311.385, 311.390, 311.395, 311.480 and 457.440 by sections 6, 8,10, 12,14 and 16, chapter 190, Oregon Laws 2003, apply to taxes, interest and related penalties: (I) Due under ORS 311.405 or 311.480 on or after the effective date of this 2003 Act [November 26, 2003]; or (2) Due pursuant to an order ofa bankruptcy court issued before July 1,2008. [2003 c.l90 919; 2003 c.704 910] Note: The amendments to 457.440 by section 17, chapter 190, Oregon Laws 2003, apply to taxes, interest and related penalties due under 311.405 or 311.480 on or after July I, 2008, or due pursuant to an order of a bankruptcy court issued on or after July 1,2008. See section 20, chapter 190, Oregon Laws 2003, as amended by section II, chapter 704, Oregon Laws 2003. The text that applies on and after July 1,2008, is set forth for the user's convemence. 457.440. During the period specified under ORS 457.450: (I) The county assessor shall determine the amount of funds to be raised each year for urban renewal within the county levied by taxing districts in accordance with section Ic, Article IX of the Oregon Constitution, and ORS 457.420 to 457.460. (2) Not later than July 15 of each tax year, each urban renewal agency shall determine and file with the county aooessor a notice stating the amount of funds to be raised for each urban renewal area as follows: ~a) If the municipality that activated the urban renewal agency has chosen Option One as provided in ORS 457.435 (2)(a), the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section I c, Article IX of the Oregon Constitution, shall be raised for the agency. (b) If the municipality that activated the urban renewal agency has chosen Option Two as provided in ORS 457.435 (2)(b), the notice shall state the amount of funds to be raised by the special levy. (c) If the municipality that activated the urban renewal agency has chosen Option Three as provided in ORS 457.435 (2)(c), the notice shall state the amount of funds to be raised by special levy in addition to the amount to be raised by dividing the taxes as stated in the ordinance adopted under ORS 457.435 (1). (d) If the plan is not an existing plan, the notice shall state that the maximum amount of funds that may be raised by dividing the taxes under section I c, Article IX of the Oregon Constitution, shall be raised for the agency. (3) If a municipality has chosen Option Three pursuant to ORS 457.435, the maximum amount of funds that may be raised for an urban renewal agency by dividing the taxes as provided in section I c, Article IX of the Oregon Constitution, may be limited by the municipality in which the urban renewal agency is located. The decision of the municipality to limit the amount of funds to be included in the notice filed under subsection (2) of this section shall be reflected in the certified statement filed by the urban renewal agency with the county assessor. (4) Not later than September 25 of each tax year, the assessor of any county in which a joint district is located shall provide, to the assessor of each other county in which the joint district is located, the assessed values of the p<up"';)' in the joint district that is located within the county, including the certified statement value and the increment for each code area containing any urban renewal area located within the joint district, and a copy of the notice filed by the urban renewal agency for the area located within the joint district under subsection (2) of this section. (5) The maximum amount of funds that may be raised for an urban renewal plan by dividing the taxes as ,..rl)vided in section 1 c, Article IX of the Oregon Constitution, shall be computed by the county assessor as follows: (a) The county assessor shall compute the total consolidated billing tax rate for each code area in which an urban renewal area of the plan is located. (b) The assessor shall determine the amount of taxes that would be produced by extending the tax rate computed http://landru.leg.state.or.us/ors/457.html 9/2612007 . Chapter 457 - Urban Renewal Page 17 of 18 Date h"ceived:~ . d () fthi b' . th. f h dPlanner: MM un er paragraph a 0 s su seclIon agamst e mcrement 0 eac co e area. ( c) The total amount determined for all code areas containing urban renewal areas included within the urban ~wal plan is the maximum amount of funds to be raised for the urban renewal plan by dividing the taxes. (6)(a) The maximum amount of funds that may be raised for an urban renewal agency as determined under subsection (5) of this section, or the maximum amount, as determined under subsection (2) of this section, shall be certified by the county assessor to the tax collector. The tax collector shall include the amount so certified in the percentage schedule of the ratio of taxes on property prepared under ORS 311.390 and filed with the county treasurer. Notwithstanding ORS 311.395 (5), the county treasurer shall credit the amount to the urban renewal agency and shall distribute its percentage amount to the urban renewal agency as determined by the schedule at the times other distributions are made under ORS 311.395 (6). (b) The county assessor shall notify the urban renewal agency of the amounts received under subsection (5) of this section or amounts received pursuant to the notice provided in subsection (2) of this section for each urban renewal plan area. Any amounts received by the urban renewal agency under paragraph (a) of this subsection shall be attributed to the urban renewal plan in which the urban renewal area is included, shall be paid into a special fund of the urban renewal agency for the urban renewal plan and shall be used to pay the principal and interest on any indebtedness issued or incurred by the urban renewal agency to finance or refinance the urban renewal plan. (7) Unless and until the total assessed value of the taxable p.up....;; in an urban renewal area exceeds the total assessed value specified in the certified statement, all of the ad valorem taxes levied and collected upon the taxable property in the urban renewal area shall be paid into the funds of the respective taxing districts. (8) The agency may incur indebtedness, including obtaining loans and advances in carrying out the urban renewal plan, and the portion of taxes received under this section may be irrevocably pledged for the payment of principal of and interest on the indebtedness. (9) The Department of Revenue shall by rule establish procedures for giving notice of amounts to be raised for urban renewal agencies and for determination of amounts to be raised and distributed to urban renewal agencies. (I 0) The notice required under this section shall serve as the notice required under ORS 310.060 for the special : described under ORS 457.435. 457.450 Notice to tax assessor; provision for debt retirement; distribution of remaining tax increment funds. (l)(a) ORS 457.440 shall first apply to the assessment roll next following the tax roll referred to in ORS 457.430 if the assessor is provided notice of a plan adoption or amendment changing area boundaries by the agency prior to January 1 before the tax year to which the plan first applies. (b) If the assessor is not provided notice of plan adoption or amendment changing area boundaries by the agency prior to January I before the tax year to which ORS 457.440 would otherwise first apply, then ORS 457.440 shall first apply to the assessment roll next following the assessment roll described in paragraph (a) of this subsection. (2) When the principal and interest on indebtedness to which the portion of taxes is irrevocably pledged for payment under ORS 457.435 or 457.440 is fully paid, or it is found that deposits in the special fund are sufficient to fully pay principal and interest on that indebtedness either through direct payment of the indebtedness or by payment of principal and interest on bonds or notes issued to finance the indebtedness, the agency shall notifY the assessor of that fact. (3) All moneys remaining unexpended from the special fund provided for in ORS 457.435 or 457.440, after payment of all the principal and interest on indebtedness is provided for, shall be turned over to the county treasurer by the agency and prorated by the treasurer back to the taxing districts in which the area, or part thereof, is located, in proportion to the amount of money in the fund attributable to each taxing district for the last fiscal year in which tax levy moneys were paid into the special fund of the agency under ORS 457.435 or 457.440. [1961 c.554 96; 1971 c.426 91; 1979 c.621 927; 1991 c.459 9335b; 1997 c.541 9450] 457.460 Financial report required for agency; contents; notice. (I) An agency shall, by August I of each vpar, prepare a statement on the same basis on which its financial statements are prepared containing: (a) The amount of money received during the preceding fiscal year under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to 457.460; (b) The purposes and amounts for which any money received under ORS 457.420 to 457.460 and from http://landru.leg.state.or. us/orsl4 57 .html 9/26/2007 . Chapter 457 - Urbao Renewal , /. / ~ - Date ReCb.. .:d:~' . Planner: MM indebtedness incurred under ORS 457.420 to 457.460 were expended during the preceding fiscal year; (c) An estimate of moneys to be received during the current fiscal year under ORS 457.420 to 457.460 aod from ~btedness incurred under ORS 457.420 to 457.460; (d) A budget setting forth the purposes aod estimated amounts for which the moneys which have been or will be received under ORS 457.420 to 457.460 and from indebtedness incurred under ORS 457.420 to 457.460 are to be expended during the current fiscal year; and (e) An analysis of the impact, if aoy, of carrying out the urbao renewal plan on the tax collections for the preceding year for all taxing districts included under ORS 457.430. (2) The statement required by subsection (1) of this section shall be filed with the governing body of the municipality. Notice shall be published that the statement has been prepared aod is on file with the municipality aod the agency and the information contained in the statement is available to all interested persons. The notice shall be published once a week for not less than two successive weeks before September I of the year for which the statement is required in accordance with ORS 457.115. The notice shall summarize the information required under subsection (l)(a) to (d) of this section and shall set forth in full the information required under subsection (l)(e) of this section. [1979 c.621 ~23; 1991 c.459 ~335c; 1997 c.541 ~451] Page 18 ofl8 http://laodruJeg.state.or.uslorsl457.html 9/26/2007