HomeMy WebLinkAboutItem 4: UO Arena Alley Vacations
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UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearings: Ordinances Vacating Alley and Street Right-of-Way for the University
of Oregon (VRI 08-1 & VRI 08-2)
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An Ordinance Vacating a Portion of Villard Alley Right-Of-Way between East 13
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Avenue and East 15 Avenue;
and
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An Ordinance Vacating a Portion of East 13 Avenue Right-Of-Way East of its
Intersection with Franklin Boulevard
Meeting Date: July 21, 2008 Agenda Item Numbers: 4
Department: Planning and Development Staff Contact: Steve Ochs
www.eugene-or.gov Contact Telephone Number: 541/682-5453
ISSUE STATEMENT
The City Council will hold two separate public hearings on an alley vacation request and street vacation
request submitted by the University of Oregon. The properties affected by this proposed action are the
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north/south alley between East 13 Avenue and East 15 Avenue, parallel to Villard and Agate Streets,
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and a portion of East 13 Avenue at the intersection of East 13 Avenue and Franklin Boulevard. Maps
are included as Attachment A and B, showing the vicinity and proposed alley and street right-of-way to
be vacated. These items are scheduled for public hearing only; no action is scheduled at this time.
BACKGROUND
On June 18, 2008, the City Council approved a motion to set the public hearing date on the two vacation
requests for July 21, 2008.
As noted above and shown on the attached maps, the University of Oregon’s requested right-of-way
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vacations include Villard Alley from East 15 Avenue north to East 13 Avenue (VRI 08-1) and a
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roughly triangular portion of East 13 Avenue at the intersection with Franklin Boulevard. The
University is proposing to build a basketball arena on the site which necessitates the alley and street
vacations. The University of Oregon has also submitted a Conditional Use Permit (CUP) to construct the
arena in a Community Commercial (C-2) zone as required by a Code Interpretation (CI 08-3) by the
City of Eugene Hearings Official. The CUP is a separate land use decision which will be rendered by
the City of Eugene Hearings Official after a public hearing. The date of that hearing has not yet been
set. The University of Oregon has placed two previously submitted land use applications (TIA 08-4 and
ARB 08-2) on hold and incorporated them into the Conditional Use Permit application.
The vacation request process serves as a means to evaluate the need for public ways as land develops
and uses change over time. Requests for the vacation of public streets and alleys are considered in
accordance with sections 9.8700-9.8725 of the Eugene Code (EC) and Oregon Revised Statutes (ORS)
271.080-271.230, and processed pursuant to EC 9.7445–9.7455. The public hearings are subject to
quasi-judicial procedures in State law and as set forth in EC 9.7065 through EC 9.7095.
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Vacation application materials, including the applicant’s written statements addressing approval criteria,
are included as Attachment C. A copy of both vacation applications, along with other documents and
information related to the vacation requests, such as consent forms, are contained in a binder that has
been placed in the Council Office.
Public Hearing Notice
In accordance with EC 9.7440 and ORS 271.110, notice of public hearing for the requested alley
vacation has been provided in the following manner: On July 8, 2008, notice was mailed to property
owners, interested parties and the Fairmount Neighbors, the officially recognized neighborhood group;
on July 2, 2008, the property was posted in the immediate vicinity of the requested alley and street
vacations; and on July 7, 2008, and July 14, 2008, legal notice was published in The Register-Guard
newspaper. All of the written testimony received in response to public notice will be posted on the
Planning Division website and included in the binder located in the Council Office.
Consent of Abutting and Affected Property Owners
In accordance with ORS 271.080, the University has provided evidence of consent to the alley vacation
from all abutting property owners and from property owners of at least two-thirds of the property within
the affected area. The State of Oregon owns all of the properties abutting the alley right-of-way and has
authority to sign for the one property that is in condemnation proceedings. The materials submitted with
the alley and street vacation applications include consent forms signed by a representative from the
University of Oregon on behalf of the State of Oregon. The application materials also include consent
forms signed by a representative of the University of Oregon for more than two-thirds of the affected
(required consent) area. The affected area per ORS is an area that is 200 feet on either side of the alley
and 400 feet at each end of the alley. Attached as Exhibit D are maps showing affected areas and
identifying those properties with signed consent forms for both the alley and street vacation requests.
Copies of the signed consent forms are included in the file records for these requests.
Applicable Criteria
The Eugene City Council will address the relevant approval criteria from EC 9.8725 in making a
decision on the proposed alley 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.
Additionally ORS 271.120 is relevant as listed below:
271.120 Hearing; determination.
At the time fixed by the governing body for hearing the petition
and any objections filed thereto or at any postponement or continuance of such matter, the
governing body shall hear the petition and objections and shall determine whether the consent of the
owners of the requisite area has been obtained, whether notice has been duly given and whether the
public interest will be prejudiced by the vacation of such plat or street or parts thereof. If such
matters are determined in favor of the petition the governing body shall by ordinance make such
determination a matter of record and vacate such plat or street; otherwise it shall deny the petition.
The governing body may, upon hearing, grant the petition in part and deny it in part, and make such
reservations, or either, as appear to be for the public interest.
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As noted above, consent of the required area has been obtained and public notice has been given in
accordance with statutory and local code requirements. Staff analysis further indicates that basic
provision of necessary public services and facilities such as transportation and utilities in the area can be
maintained upon approval of the vacation requests. While staff findings indicate that the vacation
requests can be accommodated at this fundamental level, it remains within the council’s purview to
identify what additional requirements, if any, must be made to find that the requests support the public
interest in order for the City to release ownership of the rights-of-way.
The alley and street vacation requests were referred to affected City Departments and public utility
service providers. City of Eugene Public Works Transportation and Engineering staff and the Fire
Marshal’s office have indicated the alley vacation and street vacation would not compromise
transportation, emergency access, and stormwater or wastewater systems.
Referral comments from Public Works staff note that adequate public rights-of-way exist to satisfy all
access and traffic circulation in this vicinity. Adjacent uses, which include University housing on the
southern half of the alley, will continue to have access from the southern portion of the alley just north
of 15th Avenue. The businesses that had used the northern portion of the alley for access are closed, and
the alley is no longer needed to provide access. The applicant’s written statement notes that the seven
tax lots along the northern portion of the alley will be consolidated with other tax lots to make up the
arena project site and will have no further need for alley access.
Referral comments and letters of concurrence from utility providers have confirmed that stormwater,
wastewater, water, electric, or natural gas lines located in the alley can be rerouted and the utilities in
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East 13 Avenue will not be moved. The applicant has proposed to maintain a public utility easement
over the southern half of the alley and to convey a public utility easement from the alley to Villard Street
(to re-locate the utilities that currently exist in the northern part of Villard Alley in a new public utility
easement to the street). The public utility easement will be conveyed prior to or concurrent with the
vacation of the alley. Additionally, referral comments from Public Works staff and utility providers
confirm that vacation of the street portion will not impact services as all utilities are proposed to remain,
and a blanket public utility easement is proposed to enable utility provider access.
Determination of Assessment
Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special
benefit resulting from the vacation and the disposition of the property to the benefited property owners.
The assessed value of special benefit is to be determined by the City Manager. In this instance the
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combined value of the real property for both the alley and portion of East 13 Avenue was determined
to be $463,800, according to a Basis of Value report prepared by the City. The University of Oregon
has deposited $463,800 with the City in advance of the public hearings, as required. If the applications
are approved, the deposit shall be retained by the City, or if the applications are denied the money shall
be returned.
RELATED CITY POLICIES
Approval criteria for vacation requests (the full text is included above) located at EC 9.8725, and
corresponding statutory provisions at ORS 271.120, which require the council to find that
approval of the vacation requests is in the public interest.
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COUNCIL OPTIONS
These items are scheduled for public hearing only, however, council action is required within 30 days of
the close of the record following the public hearing to:
1. Approve the vacation requests by ordinance;
2. Modify and approve the vacation requests by ordinance; or,
3. Deny the vacation requests by ordinance.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the City Council hold and close the public hearings on each
vacation request, and take action within 30 days of close of record (prior to council break) in order to
comply with statutory and local code requirements. Following the City’s receipt of all testimony, the
City Manager will make a recommendation on the merits of each vacation request to be included in the
council packet for action.
SUGGESTED MOTION
I move that the council close the public hearing(s) and take action on the vacation request(s) within 30
days from the close of the record, whether to approve, modify and approve, or deny by ordinance.
ATTACHMENTS
A.Subject Property and Vicinity Map
B.Maps of Alley and Street Vacation Requests
C. Application Materials for Alley and Street Vacations
D. Maps and Tables of Consent for Alley and Street Vacations
E. Draft Ordinance for Alley Vacation (VRI 08-1)
F. Draft Ordinance for Street Vacation (VRI 08-2)
G. Approximate Land Use Application Timelines
FOR MORE INFORMATION
Staff Contact: Steve Ochs, Associate Planner
Telephone: 541/682-5453
Staff E-Mail: steve.p.ochs@ci.eugene.or.us
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