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Ordinance No. 20522
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2014 No. 20520 - 20547
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Ordinance No. 20522
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Last modified
1/16/2014 5:06:38 PM
Creation date
1/16/2014 5:06:28 PM
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Council Ordinances
CMO_Document_Number
20522
Document_Title
AN ORDINANCE VACATING THE PORTION OF WEST 4TH ALLEY LOCATED BETWEEN 4TH AND 5TH AVENUES AND LINCOLN AND CHARNELTON STREETS.
Adopted_Date
1/13/2014
Approved Date
1/15/2014
CMO_Effective_Date
2/15/2014
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enhance the attractiveness of the site. As a result, vacation of the requested alley segment will be in <br />the public interest. Detailed findings to support these conclusions are provided below. <br />The property is located within the boundaries of the Whiteaker Plan and the Skinner Butte mixed <br />use subarea and is zoned S -W Whiteaker special area zone. The Whiteaker Plan's overall vision and <br />intent is to encourage economic vitality in the area by allowing a mix of uses and encourage actions <br />that enhance the attractiveness of the area. Several businesses including a Cafe Yumm, Corporate <br />Office, Playdom, a division of Disney Corp, Honn Design, Carpe Diem Core Align and Pilates <br />Studio, Lindholm Company and Verb Marketing and PR are tenants on this block that is bisected by <br />the alley. The Lane County Jail is located directly across Charnelton Street to the east. <br />The vacation of the alley, will allow the applicant to make facade and access improvements along <br />both sides of the alley and convert existing indoor parking to office and retail areas. These <br />improvements cannot currently occur due to setback and clearance requirements. Control of the <br />entire development site (the entire block between Lincoln St. and Charnelton St. and West 4th Ave <br />and West 5 th Ave), will allow the applicant to provide a safer and overall more attractive and vibrant <br />business environment on the site consistent with the vision for the area. <br />Public Works and Fire staff confirms that adequate public rights -of -way exist to satisfy all access <br />and traffic circulation needs in the vicinity. While this alley will not be required to remain open as a <br />public alley, adjacent uses are all owned by the applicant and will continue to use the alley for <br />deliveries and emergency access. <br />The vacation of West 4 th Alley will not cause additional out of direction travel as it is not a through <br />alley and ends in a "T" intersection at Charnelton Street. Vehicles, pedestrians and bicyclists <br />currently use West 5 th Ave to the south as a through connection to the east or west. Therefore, <br />vacation of this alley will have no impact on the primary travel route (West 5 th Ave.) for vehicles, <br />pedestrians and bicycles. <br />Referral comments from Public Works staff, other affected City Departments and utility providers <br />confirm the presence of utilities in the alley and note that the provision of necessary public services <br />and facilities such as transportation and utilities in the area can be maintained upon approval of the <br />vacation request with the retention of a public utility easement over the alley as proposed by the <br />applicant. The PUE could later be vacated when the utilities are properly abandoned or relocated. <br />The City's Public Works Transportation and Engineering staff and the Fire Marshal's office have <br />confirmed that the vacations would not compromise transportation or emergency access. Referral <br />comments from Public Works and letters of concurrence from EWEB confirm that utility, water and <br />natural gas lines located in the street can be maintained by retaining a public utility easement. No <br />other utility providers objected to the proposal of vacating the alley with retention of a PUE. <br />Conclusion <br />Based on the available information, evidence and testimony received, the City finds that the right - <br />of -way vacation for the entire West 4 th Alley between Lincoln Street and Charnelton Street as <br />proposed by Simons Properties and CSA Oregon, LLC, will be in the public interest. <br />Exhibit C: Findings <br />Page 2 <br />
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