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

Home Browse Search

A complete copy of the application along with other documents and information related to the vacation request including a written statement, consent forms and written testimony are contained in a binder that has been placed in the Council Office for reference. Public Hearing Notice Notice of public hearing for the requested alley vacation has been provided in the following manner: On March 29, 2012, notice was mailed to property owners, interested parties, the officially recognized neighborhood group, the Downtown Neighborhood Association, as well as the adjacent neighborhood groups, the Jefferson Westside Neighbors and the West University Neighbors; on April 9, 2012, the property was posted in the immediate vicinity of the requested alley vacation; and on April 9, 2012, and April 16, 2012, legal notice was published in The Register-Guard newspaper. Public comments received in response to the public notice are included in the council binder, which at this time consists of the following: an email dated April 14, 2012, from Jozef Siekiel-Zdzienicki; a letter dated April 15, 2012, from Hugh Prichard; and five emails dated April 16, 2012, from Paul Conte with attachments that include his testimony and copies of the applicant’s application materials for the subject vacation, Traffic Impact Analysis and MUPTE applications, copies of documents from LUBA No. 2011-112, the Metro Plan, and the Downtown Plan. Mr. Zdzienicki’s testimony requests that the new alley be 24 feet in width to provide wheelchair, pedestrian, and bicycle facilities with landscaping on both sides. The City Engineer has evaluated the proposed bicycle/pedestrian connection through the site and recommends specific improvements to enhance safety, but otherwise finds the proposed 20-foot width to be sufficient; the staff recommendation is provided in Exhibit C (findings) to the draft Ordinance, included as Attachment D. Mr. Prichard’s testimony is in support of Capstone’s application. Mr. Prichard is a 35-year property owner in the “affected area,” and is the former Executive Director of the Eugene Clinic which was located on the subject site. Mr. Prichard’s testimony notes that, as a regular user of the subject right-of- th way, he has witnessed many near misses due to the misalignment of West 12 Avenue. Staff agrees that the proposed realignment of the east-west bicycle/pedestrian connection will be a significant improvement, as further discussed in the findings provided in Exhibit C to the draft ordinance, included as Attachment D. Mr. Conte’s testimony identifies several issues including an allegation that the public notice should have explained that participants may request that the City continue the hearing or keep the record open. In response to this allegation, the City Attorney’s office has explained that any potential procedural error in the City’s notice is remedied by the facts that Mr. Conte has made such a request in his testimony and that the record will therefore be held open for a minimum of seven days following close of the public hearing. Mr. Conte also alleges deficiencies with respect to the required payment of a deposit for the assessment of special benefit and the consent from surrounding property owners. As the record demonstrates, the various application requirements noted in Mr. Conte’s testimony have been addressed. The required consent from surrounding property owners, and the applicant’s payment of an assessment for the vacated area, are further addressed below. It is also noted that the initial filing fees are waived for all land use applications in the downtown area, as set by the City’s adopted fee schedule, although the applicant has been charged for publication of the vacation notice. The approval criterion for the vacation is also further addressed below, and in the findings attached to the draft ordinance. That sole approval criterion requires that the council find that approval will be in the public interest, which allows S:\CMO\2012 Council Agendas\M120423\S1204233.doc