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

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relatively broad discretion in determining compliance. While the various Metro Plan policies and Statewide Planning Goals cited in Mr. Conte’s testimony are not applicable as approval criteria for the vacation, to the extent they are relevant and help the council to form an opinion, they can be considered. Any additional written testimony received prior to close of the public record will be forwarded to the City Council for consideration. Consent of Abutting and Affected Property Owners In accordance with ORS 271.080, the applicant has provided evidence of consent to the alley vacation from owners of at least two-thirds of the property within the affected area. ORS 271.080 also requires the applicant to obtain concurrence from all abutting property owners. The abutting lands are primarily owned by Peace Health, which has consented to the vacation request, with the expectation that the applicant will purchase the property. The proposed ordinance includes an effective date provision that will ensure the vacation only occurs if (and when) the City issues permits for construction of the Capstone project. The other abutting land owner is David Lyons, who owns the property located at 1210 Willamette Street (Tax Lot 900 of Assessor’s Map 17-03-31-42). As shown on the applicant’s map of the subject request, Mr. Lyon’s property is excluded from the proposed development boundary; however, the applicant intends to purchase and include Mr. Lyon’s property in the proposed development. Mr. Lyon’s consent is conditioned on Capstone purchasing his property. The proposed ordinance includes a provision that makes the proposed vacation contingent upon the applicant’s acquisition of Mr. Lyon’s property. The affected area per ORS is an area that is 200 feet on either side of the right-of-way and 400 feet beyond each end of the right-of-way to be vacated. Included in the application materials is a map showing the affected area and identifying properties with signed consent forms for the vacation request. Applicable Criteria The Eugene City Council must determine whether the consent of the owners of the requisite area has been obtained and whether notice has been duly given, and must address the relevant approval criterion from EC 9.8725 in making a decision on the proposed street vacation, as listed below: 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. As noted above, consent of the required area must be provided before council action, which is now scheduled for May 9, 2012. Public notice has been given in accordance with statutory and local code requirements. The vacation request was referred to affected City departments and public utility service providers; referral responses indicate the following public interests: th  West 12 Avenue contains public utilities including wastewater, stormwater, and gas, and provides a heavily-used bicycle and pedestrian connection between Olive and Willamette Streets  Willamette Alley contains public utilities including wastewater, cable, electric, and steam S:\CMO\2012 Council Agendas\M120423\S1204233.doc