Item A2: Ordinance Vacating West 12th Avenue between Olive and Willamette streets

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY th Action: An Ordinance Vacating West 12 Avenue, located between Olive Street and Willamette Street, (VRI 12-1) Meeting Date: May 9, 2012 Agenda Item Number: A2 Department: Planning and Development Staff Contact: Becky Taylor www.eugene-or.gov Contact Telephone Number: 541/682-5437 ISSUE STATEMENT The City Council is scheduled to deliberate and possibly take action on an ordinance for the right-of- way vacation request submitted by Capstone Collegiate Communities, LLC (herein referred to as th “Capstone”). The right-of-way proposed for vacation is now just the segment of West 12 Avenue (which functions as an east/west alley) between Olive Street and Willamette Street. The applicant no longer seeks vacation of Willamette Alley. The area of the request is 10,294 square feet (0.24 acres). Capstone is proposing to develop the adjacent lands, currently owned by PeaceHealth, with student housing. The effective date of the attached ordinance is contingent upon Capstone constructing the proposed development Aerial context and area of request maps are included as Attachments A and B. BACKGROUND On April 23, 2012, the City Council held a public hearing to consider Capstone’s request for vacation of th two segments of right-of-way: (1) West 12 Avenue right-of-way located between Olive Street and th Willamette Street; and (2) the northern portion of Willamette Alley located between West 12 Avenue th and West 13 Avenue. Following the hearing, the Council announced that it would hold the record open th to accept any additional testimony until 5:00 on April 30, then open for an additional 7-day period until th 5:00 on May 7 for any party to submit written argument (but not new evidence). On May 1, Capstone withdrew its request that the City vacate Willamette Alley. Therefore, the Council is now only th considering the request to vacate West 12 Avenue right-of-way located between Olive Street and Willamette Street. th Unless the applicant waives its right, it is allowed seven additional days, until May 14 at 5:00, to submit final written argument. If the applicant has waived all or a portion of this rebuttal time, the thth Council may be able to take action on May 9. On May 8, staff will provide the Council with an update, including a non-evidentiary analysis of all of the public testimony received. Copies of all written testimony and other vacation-related materials have been placed before the City Council in a binder in the Council Office. This request for vacation is being considered in accordance with sections 9.8700-9.8725 of the Eugene Code (EC) and Oregon Revised Statutes (ORS) 271.080-271.230, and processed pursuant to EC 9.7445– 9.7455. The public hearing was conducted consistent with quasi-judicial procedures in State law and as set forth in EC 9.7065 through EC 9.7095. S:\CMO\2012 Council Agendas\M120509\S120509A2.doc