Item 4: Ordinance to Vacate Alley Adjacent to Eugene Hotel

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Public Hearing Notice Notice of public hearing for the requested alley vacation has been provided in the following manner: On June 29, 2012, notice was mailed to property owners, interested parties, the officially recognized neighborhood group, the Downtown Neighborhood Association; on July 3, 2012, the property was posted in the immediate vicinity of the requested alley vacation; and on July 9, 2012, and July 16, 2012, legal notice was published in The Register-Guard newspaper. In response to this public notice, only one piece of public testimony has been received – from Luella Crow, a resident of the Eugene Hotel. Ms. Crow is in support of the requested vacation for safety and sanitation reasons. Any additional written testimony received prior to close of the public record will be forwarded to the City Council for consideration. Public comments, notice, and all other record materials are included in the City Council binder, which is available at the City Manager’s Office. 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 owned by the applicant. 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 right-of-way 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. Circulation and Access As noted above, the intent of the applicant’s requested vacation is to remove the current vehicle use from the alley and create a pedestrian-friendly environment, with a defined sidewalk, and potential storefronts along the east side of the hotel building for future tenants. Under existing conditions, pedestrians share the paved alley with vehicles, since the City’s design standards do not include sidewalks on alleys. Vehicle usage of this alley predominantly serves as access to the adjacent parking lot to the east, which is also owned by the applicant. However, this parking lot also has access from East Broadway as well as the East Broadway Alley. These access points will remain in place. Given these circumstances, adequate circulation and access will continue to be provided to properties on this block as well as the general public. S:\CMO\2012 Council Agendas\M120723\S1207234.doc