Item 3: Ordinance Vacating Portion of West 4th Alley

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Additionally, control of the site by the applicant will enhance the safety and attractiveness of the site. As a result, vacation of the requested alley segment will be in the public interest. Detailed findings to support these conclusions are provided below. The property is located within the boundaries of the Whiteaker Plan and the Skinner Butte mixed use subarea and is zoned S -W Whiteaker special area zone. The Whiteaker Plan's overall vision and intent is to encourage economic vitality in the area by allowing a mix of uses and encourage actions that enhance the attractiveness of the area. Several businesses including a Cafe Yumm, Corporate Office, Playdom, a division of Disney Corp, Honn Design, Carpe Diem Core Align and Pilates Studio, Lindholm Company and Verb Marketing and PR are tenants on this block that is bisected by the alley. The Lane County Jail is located directly across Charnelton Street to the east. The applicant notes that non -tenant pedestrian traffic in the area has resulted in trespass, aggressive panhandling, theft, vandalism and unsanitary situations due to urination and defecation. Some of these circumstances appear to be related to its proximity to the jail. This alley is situated adjacent to the jail and is commonly used by inmates, upon their release. It is expected that the applicant will restrict public access to the alley, most likely at the east end. By controlling the alley and monitoring its use, the property owner will be able to reduce this problem. The vacation of the alley, even with retention of a PUE, will allow the applicant to make facade and access improvements that cannot currently occur due to setback and clearance requirements. Control of the entire development site (the entire block between Lincoln St. and Charnelton St. and West 4 Ave and West 5 Ave), will allow the applicant to provide a safer and overall more attractive and vibrant business environment on the site consistent with the vision for the area. Public Works and Fire staff confirms that adequate public rights -of -way exist to satisfy all access and traffic circulation needs in the vicinity. While this alley will not be required to remain open as a public alley, adjacent uses are all owned by the applicant and will continue to use the alley for deliveries and emergency access. The vacation of West 4 th Alley will not cause additional out of direction travel as it is not a through alley and ends in a "T" intersection at Charnelton Street. Vehicles, pedestrians and bicyclists currently use West 5 th Ave to the south as a through connection to the east or west. Therefore, vacation of this alley will have no impact on the predominate travel route (West 5 th Ave.) for vehicles, pedestrians and bicycles. Referral comments from Public Works staff, other affected City Departments and utility providers confirm the presence of utilities in the alley and note that the provision of necessary public services and facilities such as transportation and utilities in the area can be maintained upon approval of the vacation request with the retention of a public utility easement over the alley as proposed by the applicant. The PUE could later be vacated when the utilities are properly abandoned or relocated. The City's Public Works Transportation and Engineering staff and the Fire Marshal's office have confirmed that the vacations would not compromise transportation or emergency access. Referral comments from Public Works and letters of concurrence from EWEB confirm that utility, water and natural gas lines located in the street can be maintained by retaining a public utility easement. No other utility providers objected to the proposal of vacating the alley with retention of a PUE. Exhibit C: Findings Page 2