Item 4: UO Arena Alley Vacations

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As noted above, consent of the required area has been obtained and public notice has been given in accordance with statutory and local code requirements. Staff analysis further indicates that basic provision of necessary public services and facilities such as transportation and utilities in the area can be maintained upon approval of the vacation requests. While staff findings indicate that the vacation requests can be accommodated at this fundamental level, it remains within the council’s purview to identify what additional requirements, if any, must be made to find that the requests support the public interest in order for the City to release ownership of the rights-of-way. The alley and street vacation requests were referred to affected City Departments and public utility service providers. City of Eugene Public Works Transportation and Engineering staff and the Fire Marshal’s office have indicated the alley vacation and street vacation would not compromise transportation, emergency access, and stormwater or wastewater systems. Referral comments from Public Works staff note that adequate public rights-of-way exist to satisfy all access and traffic circulation in this vicinity. Adjacent uses, which include University housing on the southern half of the alley, will continue to have access from the southern portion of the alley just north of 15th Avenue. The businesses that had used the northern portion of the alley for access are closed, and the alley is no longer needed to provide access. The applicant’s written statement notes that the seven tax lots along the northern portion of the alley will be consolidated with other tax lots to make up the arena project site and will have no further need for alley access. Referral comments and letters of concurrence from utility providers have confirmed that stormwater, wastewater, water, electric, or natural gas lines located in the alley can be rerouted and the utilities in th East 13 Avenue will not be moved. The applicant has proposed to maintain a public utility easement over the southern half of the alley and to convey a public utility easement from the alley to Villard Street (to re-locate the utilities that currently exist in the northern part of Villard Alley in a new public utility easement to the street). The public utility easement will be conveyed prior to or concurrent with the vacation of the alley. Additionally, referral comments from Public Works staff and utility providers confirm that vacation of the street portion will not impact services as all utilities are proposed to remain, and a blanket public utility easement is proposed to enable utility provider access. Determination of Assessment Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special benefit resulting from the vacation and the disposition of the property to the benefited property owners. The assessed value of special benefit is to be determined by the City Manager. In this instance the th combined value of the real property for both the alley and portion of East 13 Avenue was determined to be $463,800, according to a Basis of Value report prepared by the City. The University of Oregon has deposited $463,800 with the City in advance of the public hearings, as required. If the applications are approved, the deposit shall be retained by the City, or if the applications are denied the money shall be returned. RELATED CITY POLICIES Approval criteria for vacation requests (the full text is included above) located at EC 9.8725, and corresponding statutory provisions at ORS 271.120, which require the council to find that approval of the vacation requests is in the public interest. Z:\CMO\2008 Council Agendas\M080721\S0807214.doc