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Item 3: Ordinance to Vacate Alley Adjacent to Eugene Hotel
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Item 3: Ordinance to Vacate Alley Adjacent to Eugene Hotel
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9/10/2012
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<br />Exhibit C: <br />Findings <br /> <br /> <br />Background: <br />The Eugene Hotel Retirement Center (Applicant) requests the vacation of the segment of High <br />Alley abutting the east boundary of the hotel building, between East Broadway and East <br />Broadway Alley. The area of requests consists of 2,259 square feet of public right-of-way that is <br />14 feet in width and approximately 161 feet in length. The alley is currently open to vehicular, <br />bicycle, and pedestrian use and contains public utilities. The vehicular use of this segment of <br />the alley is primarily to provide access to and from the parking lot, abutting the alley to the <br />east, which is also owned by the applicant. Pedestrians share the paved surface with vehicles, <br />as sidewalks are not required as part of the City’s design standards for alleys. <br /> <br />The eastern ground-floor portion of the hotel building, abutting the alley proposed for vacation, <br />has been without a tenant since the City of Eugene vacated its engineering offices in 2008. The <br />applicant has had difficulty marketing the space because of its limited street frontage and <br />visibility abutting East Broadway, to the north. The applicant’s requested alley vacation is to <br />remove the vehicle use from the alley and create a pedestrian-friendly environment, with a <br />defined sidewalk, and potential storefronts along the east side of the hotel building for future <br />tenants. <br /> <br />The vacation request process provides a means to evaluate the need for public ways as land <br />develops and uses change over time, and to address the manner in which the City may dispense <br />with public ways. Requests for the vacation of public streets and alleys are considered in <br />accordance with Eugene Code (EC) 9.8700-9.8725 and Oregon Revised Statutes (ORS) 271.080- <br />271.230. These requests are also subject to procedural requirements at EC 9.7445-9.7455. <br /> <br />Compliance with Approval Criteria: <br />The sole approval criterion at EC 9.8725 requires the City Council to find that approval of the <br />requested right-of-way vacation is in the public interest. The full text of the approval criterion is <br />provided below, with findings demonstrating compliance: <br /> <br />The city council shall approve, or approve with conditions and reservations of <br />easements, the vacation of improved public right-of-way, public ways acquired <br />with public funds, or undeveloped subdivision and partition plats, or portions <br />thereof, including public right-of-way and improved public easements located <br />therein, only if the council finds that approval of the vacation is in the public <br />interest. <br /> <br />The required public notice and hearing have occurred on the vacation request in accordance <br />with applicable statutory and local code requirements. Consent for the vacation request from <br />Exhibit C: Findings <br /> <br />
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