Ordinance No. 20055 - Laserfiche WebLink

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LTD has entered into an intergovernmental agreement with the City of Eugene and the Eugene Renewal Agency concernvag acquisition of two city-owned surface parking lots and construc~ion~ of replacement parking. The property acquisition has been completed. Copies of the hearings official's findings approving the original conditional use permit and two subsequent modif ications are attached, showing compliance with all applicable land use code and plan standards. A cagy of the site plan as approved by the second modification to the conditional use permit is also attached. This application is filed pursuant to Conditional Use Permit CU-94-3, as modified by Permit Modification Orders MD 95-8 and MD 95-18, and a February, 1996, intergovernmental agreement between LTI3 and the City of Eugene. Copies are attached. III, Compliance with statutory requirements for vacation. The process far vacation of publicright-of-way is outlined in DRS Sections 271.080 through 271.160. CIRS 217.130 provides that the "'The city governing body may initiate vacation proceedings authorized by DRS 221.080 and make such vacation without a petition or consent of property owners." In other cases, the applicant for a vacation must secure notarized consents of owners of abutting properties as well as the consents of the owners of a majority of the area of "affected properties," as defined in the statute see below}. tinder the statute, the consents must be secured before the application maybe filed... In January,1996, city staff declined LTD's request that the Council be asked to initiate and :required that this obligation be made a part of any extension of the intergovernmental agreement. It has therefore been necessary for the applicant to identif~r the relevant property owners and. secure the necessary consents. That process was time-consuming. and resulted in unnecessary public expense. Hawver, it has now been completed and the application may now be f fled. Under the terms of the intergovernmental agreement, the amount any assessment for the vacated alleyways will result in a corresponding reduction of other funds due to the city under the intergovernmental agreement. The following evaluation addresses the applicable Statutory requirements. A. Section 271.080 (Consent of Property Owners) DRS 217.080(2} requires the consent of owners of all "abutting" property and of two- thirds of the area of ail "affected" properties. A list of properties for which consents have been secured is attached, together. with the notarized consents of the owners of the listed. properties. A map showing the abutting and adjoining properties for each of the two alleys is attached, with those properties for which owner consents have been secured shown in green. Page - Z ~ Lane Transit. T~istrict Alley vacation Application -May, 1996