Item 3: Action - Minor Land Use Code Amendments

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09/27/05 undeveloped subdivision and partition plats or parts thereof. Section 71. Section 9.8710 of the Eugene Code, 1971, is amended to provide: 9.8710 Vacations. Application Requirements. (1) Vacation of unimproved public easements shall be considered in accordance with the Type I Application Procedures contained in EC 9.7000 through 9.7885 and the approval criteria contained in EC 9.8715. In the case of public utility easements, statements of concurrence with the vacation from affected utility providers must be submitted with the application. (2) Vacation of improved public easements, unimproved public right-of-way, and vacation and rededication of unimproved publiC rights-of-way, except improved public easements and public right-of-way located within undeveloped subdivision or partition plats, shall be considered in accordance with the Type II Application Procedures contained in EC 9.7000 through 9.7885 and the approval criteria contained in EC 9.8720. In the case of public utility easements, letters of concurrence to the vacation from affected utility providers must be submitted with the application. (3) [Notv:ithstanding the provisions in subsections (1) and (2) above, v]Vacation of any public way acquired with pUblic funds, vacation of improved public right- of-way, and vacation of undeveloped subdivision and partition plats, or parts thereof, including public right-of-way and improved pUblic easements located therein, shall be considered and decided upon by the city council in 4.7 r1\d. accordance with the [Type IV Application P]procedures contained in EC \!..9 [9.7000] 9.7445 through [9.7885] 9.7455 and the approval criteria contained in EC 9.8725. (4) All [A]applications shall be accompanied by the application fee established by the city manager pursuant to Chapter 2 of this code, and an additional amount sufficient to pay the expenses related to publication of the vacation notice. (45) In addition to payment of the application and publication fees referenced in subsection (34) above, a vacation of improved or unimproved public right-of- way, any public way acquired with public funds, or any undeveloped subdivision or partition plat, or portions thereof, shall require the payment by the applicant of a deposit equal to the assessment of special benefit that results from the vacation and disposition of property to the benefitted property owners. (a) The assessed value of special benefit and the amount of money to be deposited shall be determined by the city manager[ and approved by the city council]. The assessed value of special benefit shall include: 1. The value of the real property; and 2. The costs incurred by the city in the construction of public improvements. (b) Notice of the proposed assessment for benefits shall be given by mail to the owners of the property to be assessed no less than 20 days prior to the public hearing of the vacation application before the city council, or ~ in the case of Type II applications, 10 days prior to the issuance of ca LJ the Planning Director's decision. [consistent \vtth the public he3ring notice procedures prescribed in EC 9.7400 Generol Q'/erview of Tvpe IV Application Procedures. {G1} The notice shall contain a statement of the names, addresses, and the Ordinance - 40 C:\Documents and Settings\ceplsan\Local Settings\Temporary Internet Files\OLK4F\05 Ch 9 Misc. Minor Revisions (OOl08082)10.DOC