Item 6: Public Hearing on Ordinance Concerning Alley Vacation

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In addition to being consistent with Downtown Plan policy direction, the requested alley vacation will not impede the future best use of any adjoining properties, and is thus in the public interest. Adjacent uses, which include a surface parking lot to the east and commercial/retail uses to the north, will continue to have access from the east/west alley between Olive and Charnelton. As noted in the applicant's written statement, there are no significant impacts identified by service or utility providers as a result of the requested alley vacation. The alley vacation request was 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 has indicated the alley vacation would not compromise transportation, emergency access, and stormwater or wastewater systems. Referral comments from utility providers have confirmed that there are no stormwater, wastewater, water, electric, or natural gas lines located in the alley. The only utility affected by the alley vacation is Qwest, which has two conduits within the alley. Qwest and OR! have come to an agreement that allows OR! to build over the existing conduits, provided that additional conduits are installed for future needs and that OR! provide an easement through the site at the time of closing. Determination of Assessment Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special benefit that results 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 and approved by the City Council. In this instance the City Manager has determined that because the Urban Renewal Agency of the City of Eugene has requested the alley vacation, the assessed value of special benefit shall be zero. RELATED CITY POLICIES As noted above, the alley vacation request is consistent with the following policies contained in the Downtown Plan, as it will facilitate the re-development of a vacant site with a six-story office building that will bring 300 employees to the downtown core: Build upon downtown's role as the center for government, commerce, education and culture in the city and the region (Strong Regional Center Policy 1) Downtown development shall support the urban qualities of density, vitality, livability and diversity to create a downtown, urban environment. (Strong Regional Center Policy 2) Actively pursue public/private development opportunities to achieve the vision for an active, vital, growing downtown. (Building a Downtown Policy 1) Use downtown development tools and incentives to encourage development that provides character and density downtown. (Building a Downtown Policy 2) COUNCIL OPTIONS The council may approve the draft ordinance, direct staff to modify the ordinance or deny the ordinance. The council is scheduled to act on this ordinance on November 28, 2005. LICMOl200S Council AgendasIMOSll14IS0S11146.doc