Item 3: Ord. Vacating W 12th Ave, between Olive and Willamtte and Willamette Alley

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Exhibit C: DRAFT Findings Background: Capstone Collegiate Communities, LLC (Applicant) has requested the vacation of 13,478 square th feet of public right-of-way, which includes the segment of West 12 Avenue right-of way located between Willamette Street and Olive Street (which functions as an alley) and the th northerly portion of the segment of Willamette Alley located between West 12 Alley and West th 13 Avenue. Both “alleys” are open to vehicular, bicycle, and pedestrian use and contain public utilities. The applicant proposes to provide replacement public ways that will not allow vehicles but that will maintain bicycle and pedestrian access through the site. The applicant also proposed to dedicate a new public alley for vehicle use, to provide a connection between the th north terminus of the existing alley to remain north of West 13 Avenue and Willamette Street, just north of the Florence Apartments; however, the City does not accept that right-of-way because there is no compelling public need. The right-of-way vacation reserves for the City a public utility easement to continue accommodate existing utilities; those utilities will be relocated at a later time. The applicant proposes to redevelop the site with multiple-family dwellings, in a manner that is expected to: offer economic opportunities to the community; provide a safe and efficient transportation system; and implement the City’s vision for an active and vibrant downtown. The vacation request process provides a means to evaluate the need for public ways as land develops and uses change over time, and to address the manner in which the City may dispense with public ways. Requests for the vacation of public streets and alleys are considered in accordance with Eugene Code (EC) 9.8700-9.8725 and Oregon Revised Statutes (ORS) 271.080- 271.230. These requests are also subject to procedural requirements at EC 9.7445-9.7455. Compliance with Approval Criteria: The sole approval criterion at EC 9.8725 requires the City Council to find that approval of the requested right-of-way vacation is in the public interest. The full text of the approval criterion is provided below, with findings demonstrating compliance: The city council shall approve, or approve with conditions and reservations of easements, the vacation of improved public right-of-way, public ways acquired with public funds, or undeveloped subdivision and partition plats, or portions thereof, including public right-of-way and improved public easements located therein, only if the council finds that approval of the vacation is in the public interest. The required public notice and hearing have occurred on the vacation request in accordance with applicable statutory and local code requirements. Consent for the vacation request from abutting and affected owners, and payment of a special assessment for the area of vacated Exhibit C: Findings {00067184;2 }