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

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Exhibit C: DRAFT Findings Background: Capstone Collegiate Communities, LLC (Applicant) originally requested the vacation of two th rights-of-way, totaling 13,478 square feet. These were: (1) the segment of West 12 Avenue right-of way located between Willamette Street and Olive Street (which functions as an alley); th and (2) the northerly portion of the segment of Willamette Alley located between West 12 th Avenue and West 13 Avenue. After the public hearing, the applicant withdrew its request to vacate Willamette Alley; as such, Willamette Alley will continue to function as a public alley that is open to vehicular, bicycle, and pedestrian use and contains public utilities. The applicant’s th request to vacate the West 12 Avenue right-of-way is addressed in these updated findings. Staff will provide a response to all of the public testimony received during the public record period (from the April 23 public hearing to the close of the rebuttal period on May 7) to the City Council on May 8, prior to the Council’s action on May 9. th The West 12 Avenue right-of-way will be vacated in its current configuration, but (via delayed effective date contingent upon development and a condition of approval imposed in the related MUPTE resolution) it will later be replaced with new right-of-way just south of its th current alignment. The replacement right-of-way for West 12 Avenue will not allow vehicles but that will maintain bicycle and pedestrian access through the site. 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 dwelling units, 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 Exhibit C: Findings