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HomeMy WebLinkAboutOrdinance No. 20522- - rc CCCC' - - -- COUNCIL ORDINANCE NO. 20522 COUNCIL BILL NO. 5104 AN ORDINANCE VACATING THE PORTION OF WEST 4 ALLEY LOCATED BETWEEN 4TH AND 5 AVENUES AND LINCOLN AND CHARNELTON STREETS. ADOPTED: January 13, 2014 SIGNED: January 15, 2014 PASSED: 5:3 REJECTED: OPPOSED: Brown, Taylor and Zelenka ABSENT: EFFECTIVE; February 15, 2014 ORDINANCE NO. 20522 AN ORDINANCE VACATING THE PORTION OF WEST 4 ALLEY LOCATED BETWEEN 4 T " AND 5 T " AVENUES AND LINCOLN AND CHARNELTON STREETS. The City Council of the City of Eugene finds that: A. The City Council of the City of Eugene has approved an agenda setting a public hearing to be held at 7:30 p.m. on December 9, 2013, in Harris Hall, for the purpose of hearing protests and remonstrances to the proposed vacation of the following described right -of -way: The portion of West 4 th Alley located between 4 th and 5 th Avenues and Lincoln and Charnelton Streets, as more particularly described in Exhibit A and depicted on the map attached as Exhibit B to this Ordinance, reserving a public utility easement over the entire right -of -way otherwise vacated, including a reservation of the right to enter thereon for purposes of construction, reconstruction, maintenance and repair. B. Notice was duly and regularly given of the public hearing, and on December 9, 2013, the City Council held a public hearing and heard all objections to the proposed vacation. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1 . The City Council of the City of Eugene finds that notice of the hearing was published and posted as required by law, that the consent of the owner(s) of the abutting property has been filed in the proceedings, and that the vacation of the right -of -way is in the public interest, as described in the Findings attached as Exhibit C to this Ordinance. Section 2 . The right -of -way described and depicted on Exhibits A and B attached to this Ordinance is vacated subject to the easement described in Finding A, above, and shall revert pursuant to the statutes of the State of Oregon. Section 3 . The City Recorder is directed to file a certified copy of this Ordinance with the Recorder of Lane County, Oregon, together with a map or plat of said property, and a certified copy of this Ordinance shall be filed with the Lane County Assessor and another certified copy shall be filed with the Lane County Surveyor. Passed by the City Council this 13th day of January, 2014. City Recorder Approved by the Mayor this /S' day of January, 2014. Mayor Ordinance - Page 1 of 1 EXHIBIT A ALLEYWAY VACATION DESCRIPTION BEING ALL THAT PORTION OF THE FOURTEEN FOOT (14') WIDE EAST / WEST ALLEY FOUND WITHIN BLOCK 1 OF PACKARD'S ADDITION TO EUGENE RECORDED IN LANE COUNTY OREGON PLAT RECORDS VOLUME H, PAGE 282 RECORDED IN 1871, ALL BEING'WITHIN TOWNSHIP 17 SOUTH, RANGE 3 WEST, SECTION 31, WILLAMETTE MERIDIAN, AND FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF PACKARD'S ADDITION TO EUGENE AS RECORDED IN LANE COUNTY OREGON PLAT RECORDS VOLUME H, PAGE 282, THENCE SOUTHERLY ALONG THE EASTERLY LINE OF LOT 1, BLOCK 1, ALSO BEING THE WESTERLY MARGIN OF CHARNELTON STREET (SO CALLED), TO THE SOUTHEAST CORNER OF LOT 1 AND ALSO BEING THE NORTHEAST CORNER OF SAID ALLEY AND FURTHER BEING THE POINT OF BEGINNING; THENCE WESTERLY 334 FEET (MORE OR LESS) ALONG THE SOUTHERLY LINES OF LOTS 1, 2, 3, 4 AND 5 TO THE SOUTHWEST CORNER OF LOT 5 AND BEING THE POINT OF INTERSECTION WITH THE EASTERLY MARGIN OF LINCOLN STREET (SO CALLED); THENCE SOUTHERLY 14 FEET (MORE OR LESS) ALONG THE WESTERLY MARGIN OF SAID ALLEY, ALSO BEING THE EASTERLY MARGIN OF SAID LINCOLN STREET, TO THE NORTHWEST CORNER OF LOT 6 OF SAID BLOCK 1; THENCE EASTERLY ALONG THE NORTHERLY LINES OF LOTS 6, 7, 8, 9 AND 10 TO THE NORTHEAST CORNER OF LOT 10 AND BEING THE POINT OF INTERSECTION WITH THE WESTERLY MARGIN OF CHARNELTON STREET; THENCE NORTHERLY 14 FEET (MORE OR LESS) ALONG THE EASTERLY MARGIN OF SAID ALLEY, ALSO BEING THE WESTERLY MARGIN OF SAID CHARNELTON STREET, TO THE POINT OF BEGINNING, ALL BEING IN LANE COUNTY, OREGON. CONTAINING 4676 SQUARE FEET (MORE OR LESS). REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 1985 DAVID H. WELLMAN 2163 RENEWAL: li r 3d 1I Exhibit B C.B. Simons Alley Vacation (VRI 13 -1) W 4TH AVE F- z J 0 U Z FW-4TH-AL-Y J Shaded area to be vacated 4,669 square feet Lane Count W 5TH AVE U) z 0 J W z S U W 5TH APY J Q W J W 6TH AVE N Ft 0 50 100 200 Caution: This map is based on imprecise AWN- source data subject to change, � and for general reference only. November 19, 2013 Exhibit C Findings: Vacation of West 4 th Alley between Lincoln Street and Charnelton Street for Simons Properties and CSA Oregon, LLC (VRI 13 -1) Background The Simons Properties and CSA Oregon, LLC requests a right -of -way vacation that includes the entire West 4 th 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 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 The following findings demonstrate that vacation of West 4 th Alley between Lincoln Street and Charnelton Street is in the public interest. This determination is based on the conclusion that the vacation of West 4 th 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. Control of the site by the applicant will allow re- development and new development on the site and Exhibit C: Findings Page 1 enhance the 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 vacation of the alley, will allow the applicant to make facade and access improvements along both sides of the alley and convert existing indoor parking to office and retail areas. These improvements 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 4th Ave and West 5 th 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 primary 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. Conclusion Based on the available information, evidence and testimony received, the City finds that the right - of -way vacation for the entire West 4 th Alley between Lincoln Street and Charnelton Street as proposed by Simons Properties and CSA Oregon, LLC, will be in the public interest. Exhibit C: Findings Page 2