Item 4: Ordinance Vacating Portion of West 4th Alley

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Exhibit C Findings: th Vacation of West 4 Alley between Lincoln Street and Charnelton Street for Simons Properties and CSA Oregon, LLC (VRI 12-3) Background The Simons Properties and CSA Oregon, LLC requests a right-of-way vacation that includes the th entire West 4 Alley between Lincoln Street and Charnelton Street. The area subject to the request is 4,669 square feet. The applicant owns all properties that abut the right of way and on the entire block. The vacation will allow the applicant/property owner to create a more viable business environment, provide better security for tenants and customers of those tenants and will not negatively impact the transportation system, surrounding properties or emergency access. Retention of a Public Utility Easement across the entire alley area is proposed and will be required prior to vacating the right of way. 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 EC 9.8700-9.8725 and Oregon Revised Statutes 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 vacations 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 therein, only if the council finds that approval of the vacation is in the public interest. Public notice of the hearing for the vacation request has been provided in accordance with applicable statutory and local code requirements. Consent for the vacation requests from abutting and affected owners, and payment of a special assessment for the area of vacated right-of-way, have also been provided as required. Vacation Findings th The following findings demonstrate that vacation of West 4 Alley between Lincoln Street and Charnelton Street is in the public interest. This determination is based on the conclusion that the th vacation of West 4 Alley between Lincoln Street and Charnelton Street is consistent with the City’s vision for the area, will provide efficient use of land and will not negatively impact the transportation system, the ability to provide utilities, surrounding properties, or emergency access. Exhibit C: Findings Page 1