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

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To maintain the bicycle and pedestrian connection through the development site between Olive and Willamette Streets, as part of the redevelopment project and MUPTE package, the applicant proposes to th dedicate a new right-of-way. The new right-of-way will be located just south of the existing West 12 Avenue right-of-way that is proposed for vacation. The new right-of-way will be a consistent width of 20 feet, whereas the existing right-of-way width varies through the site. The alignment of the new right- of-way is an improvement over existing conditions, as it will align more directly with the existing public access way east of Willamette Street. The applicant will be constructing related public improvements to facilitate the realigned public bicycle and pedestrian facility, which will include the following: 1) a 10- foot-wide, two-way bicycle facility that is clear of obstructions and separated from pedestrians, within th the new 20-foot right-of-way; 2) a bicycle crossing island at the intersection of West 12 Avenue and Olive Street that prohibits left turns for automobiles; and 3) a replacement crosswalk within Willamette Street that aligns the proposed bicycle connection through the site with the existing bicycle way east of Willamette Street. The applicant has agreed to provide these improvements at their expense. The design of the improvements will be subject to approval by the City Engineer and the costs of the improvements will be required to be bonded, as part of the Privately-Engineered Public Improvement (PEPI) permit process. The replacement right-of-way dedication and public improvements are conditions of the MUPTE approval and the construction of the proposed housing development. As such, the public interest in the bicycle and pedestrian connection through the site will be addressed and the existing right- of-way can be vacated. To address the need for maintenance access to the existing utilities within the rights-of-way to be vacated, City staff and other utility providers, including Century Link, Comcast, Eugene Water & Electric Board (EWEB), and Northwest Natural Gas, recommend that the City reserve a public utility easement (PUE) over the entire right-of-way area proposed for vacation. Reservation of a PUE will ensure that the utility companies can access their utilities and will prohibit construction within the PUE until the utilities are properly relocated and abandoned. As part of the development project, the applicant th intends to relocate the utilities located in the existing West 12 Avenue right-of-way. Once that has occurred, the applicant intends to request that the City vacate the PUE over that area. The applicant proposes to move the necessary utilities within the new public right-of-way to be dedicated as part of the MUPTE. The PUE to be reserved over the existing Willamette Alley to be vacated will likely remain in perpetuity, as the applicant proposed to rededicate this area back to the public in the same configuration but without the automobile use. Staff believes that the vacation (with a PUE reservation) addresses the public interest in the Willamette Alley right-of-way because this segment of alley is not a critical bicycle/pedestrian connection, as through access is prevented by existing development to the north, but is needed for underground utilities. The PUE reservation will exclude air rights so that the development can construct the proposed third through fifth stories of the building over this area. The applicant has proposed to dedicate a new, more southerly alley to provide a vehicular connection between Willamette Street and Willamette Alley. City staff does not believe there is a compelling public need for such a connection and recommends against accepting such a dedication as part of this vacation application. Instead, the applicant could consider providing this connection as a private alley. The applicant’s proposed right-of-way dedication is shown in Attachment C. Exhibit C to the Ordinance (Attachment D to this AIS) provides findings to show how the vacation request is consistent with the above approval criterion. It remains within the council’s purview to determine whether the proposed vacation is in the public interest and, if not, to deny the vacation or to identify additional requirements necessary to make the request support the public interest. S:\CMO\2012 Council Agendas\M120423\S1204233.doc