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HomeMy WebLinkAboutItem A: Ordinances on Alley Vacation Between 13th and 15th Avenues ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Ordinances Concerning Vacating Alley Right-of-Way Located Between East thth 13th Avenue and East 15 Avenue and Street Right-of-Way Along East 13 Avenue Meeting Date: August 13, 2008 Agenda Item Number: A Department: Planning and Development Staff Contact: Steve Ochs www.eugene-or.gov Contact Telephone Number: 541-682-5453 ISSUE STATEMENT The City Council is scheduled to take action on ordinances for the alley vacation request and street vacation request submitted by the University of Oregon. The properties affected by this proposed action thth are the north/south alley between East 13 Avenue and East 15 Avenue, parallel to Villard and Agate thth Streets (Ordinance A), and a portion of East 13 Avenue at the intersection of East 13 Avenue and Franklin Boulevard (Ordinance B). BACKGROUND On July 21, 2008, the City Council held a public hearing and held the record open for additional testimony. Because the applicant waived the right to submit final written argument, the record is closed on August 11. On July 23, the City Council set an action date on the vacations for August 13. As noted above and shown on the attached maps, the University of Oregon’s requested right-of-way thth vacations include Villard Alley from East 15 Avenue north to East 13 Avenue (Ordinance A) and a th triangular shaped portion of East 13 Avenue at the intersection with Franklin Boulevard (Ordinance B). The University owns the property surrounding the subject rights-of-way, and is intending to assemble the property for a redevelopment site. Currently, the University has submitted a Conditional Use Permit to build a basketball arena on the site. Public testimony was received at the hearing and written testimony has also been received prior to, at the hearing, and after the hearing. All written testimony is included in the vacation files and has been posted online at www.eugene-or.gov/arena. Copies of written testimony have also been placed in a binder along with other vacation-related materials in the council office. Staff has also prepared and attached a memo in response to questions raised at the public hearing by City Council members regarding the vacation requests. 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 city conducted the public hearing in accordance with quasi-judicial procedures in state law and as set forth in EC 9.7065 through EC 9.7095. Two separate ordinances are provided to be acted on, one relating to vacation of Villard Alley th (Ordinance A) and the other relating to the vacation of the portion of street right-of-way in East 13 Z:\CMO\2008 Council Agendas\M080813\S080813A.DOC th Avenue (Ordinance B). Findings regarding the proposed Villard Alley and East 13 Avenue vacations are attached and included as Exhibit C to each ordinance. RELATED CITY POLICIES 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. Consent of the required area has been obtained, and public notice and hearing has occurred 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 will be maintained. The attached findings demonstrate that the existing Villard Alley (Ordinance A) and th portion of East 13 Avenue (Ordinance B) proposed to be vacated provide little benefit, given their minimal functionality when contrasted with the significant benefits available by approval of the vacation requests. In addition to the $482,950 special assessment of benefit the City will receive for the alley and street right-of-way, findings demonstrate that any new development of the subject property will be required to enhance pedestrian, bicycle and vehicular circulation. Further, approval of the vacations will enable the University to redevelop the area with likely significant economic benefits to the community. Approval of the vacation requests is found to be in the public interest as required by the approval criteria, and consistent with the findings attached to the respective ordinances. COUNCIL OPTIONS 1.Adopt the ordinances as attached. 2.Adopt the ordinances with specific amendments. 3.Deny the ordinance. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council approve the vacation requests and adopt the ordinances as attached. SUGGESTED MOTIONS Ordinance A (Villard Alley): Move to adopt an ordinance vacating a portion of Villard Alley right-of- thth way between East 13 Avenue and East 15 Avenue. thth Ordinance B (East 13 Avenue): Move to adopt an ordinance vacating a portion of East 13 Avenue right-of-way east of its intersection with Franklin Boulevard. Z:\CMO\2008 Council Agendas\M080813\S080813A.DOC ATTACHMENTS A. Map of Vacation Requests B. Draft Ordinance A, Findings and Attachments for Villard Alley Vacation th C. Draft Ordinance B, Findings and Attachments for East 13 Avenue Vacation D. Staff Memorandum in Response to Council Questions, dated August 4, 2008 E. Basis of Value Report and Correspondence F. Motions to Amend the Ordinance(s), as requested by City Councilors FOR MORE INFORMATION Staff Contact: Steve Ochs Telephone: 541-682-5453 Staff E-Mail: steve.p.ochs@ci.eugene.or.us Z:\CMO\2008 Council Agendas\M080813\S080813A.DOC ˲·ª»®­·¬§±ºÑ®»¹±² η¹¸¬±ºÉ¿§Ê¿½¿¬·±² λ¯«»­¬º±®ª¿½¿¬·±²±º¿°±®¬·±² ±ºïí¬¸ßª»®·¹¸¬±º©¿§ øÑ®¼·²¿²½»Þ÷ λ¯«»­¬º±®îðùß´´»§ ¬±¾»ª¿½¿¬»¼º®±³ Ûï문ߪ»¬±Ûïí¬¸ßª» øÑ®¼·²¿²½»ß÷ Ю±°±­»¼»¿­»³»²¬º±® ®»´±½¿¬·±²±º«¬·´·¬·»­ øÑ®¼·²¿²½»ß÷ Ü»ª»´±°³»²¬Í·¬»Þ±«²¼¿®§ Û¿­»³»²¬¿®»¿ ˲·ª»®­·¬§±©²»¼°®±°»®¬§ Ю±°±­»¼¿®»¿º±®¿´´»§ª¿½¿¬·±²æ øðòíí鿽®»­÷ ïìôêéè­¯º¬ Ý·¬§º·´»ÊÎ×ðèóïóÑ®¼·²¿²½»ß Ю±°±­»¼¿®»¿º±®Ûïí¬¸ßª»ª¿½¿¬·±²æ øðòíïí¿½®»­÷ ïíôêë𭯺¬ Ý·¬§º·´»ÊÎ×ðèóîóÑ®¼·²¿²½»Þ Ú»»¬ ̱¬¿´ª¿½¿¬·±²®»¯«»­¬æ ðïðð ï·²½¸»¯«¿´­ïë𺻻¬ øðòê뿽®»­÷ îèôíîè­¯º¬ Ý·¬§±ºÛ«¹»²» д¿²²·²¹¿²¼Ü»ª»´±°³»²¬Ü»°¿®¬³»²¬ Ý¿«¬·±²æ¬¸·­³¿°·­¾¿­»¼±²·³°®»½·­»­±«®½»¼¿¬¿ô ß«¹«­¬êôîððè ­«¾¶»½¬¬±½¸¿²¹»ô¿²¼º±®¹»²»®¿´®»º»®»²½»±²´§ò ATTACHMENT D Planning & Development Planning City of Eugene th 99 West 10 Avenue M Eugene, Oregon 97401 EMORANDUM (541) 682-5377 (541) 682-5572 FAX www.eugene-or.gov Date: August 4, 2008 To: EugeneCity Council From: Steve Ochs, Associate Planner Subject: Staff Response to Council Questions for University of Oregon Villard Alley th (Ordinance A) and East 13 Avenue (Ordinance B) Vacation Requests ______________________________________________________________________________ Before the close of the combined public hearings on June 21, 2008, several clarifying questions were asked by the council. The following information is provided as a response to those questions that staff did not already respond to or fully address at the hearing. The responses are summarized below. What is the total acreage of right of way that is proposed to be vacated? The total area of the proposed vacation request is 28,328 square feet (0.65 acres). The Villard Alley portion (Ordinance A) proposed for vacation is 14,678 square feet (.337 acres). The East th 13 Avenue area (Ordinance B) proposed for vacation is a roughly triangular area of 13,650 square feet (.313 acres). st At the July 21 public hearing there was some confusion about the specific area proposed for vacation. One of several maps provided as part of the public hearing packet was intended to show the area (surrounding properties) for which owner consent is required. The area required for owner consent of the vacation requests is not included in the vacation proposal. A new map has been provided as an attachment to the Agenda Item Summary for action on the vacation requests, to more clearly the area of requested right-of-way vacation. What extra distance would bicyclists and pedestrians have to travel to reach the EmX line if the requested portion of Villard Alley was vacated. The distance that bicycle and pedestrians would need to travel to reach the EmX line if Villard thth Alley between East 13 Avenue and East 15 Avenue is vacated would not change. The stations are at Agate Street and Walnut Street and patrons traveling by foot or bicycle would have to travel east or west of Villard Alley. In addition, the existing alley has been fenced for several years due to safety concerns with the frequency and number of Williams Bread trucks circulating to and from the bakery. Future development of this site will improve the transportation system since it will be subject to current Eugene Code Standards for commercial zones. The land use code includes development standards which require sidewalks or other forms of pedestrian connections, bicycle parking and the provision of pedestrian amenities. Likewise, vehicular access will be addressed to ensure safe and efficient circulation. Any larger development, such as the arena, would also need to comply with Traffic Impact Analysis application requirements which identify traffic impacts related to a development and required mitigation. How many jobs this project would create? Will they be family wage jobs and how long will these jobs last? Information provided by the University as part of the vacation proposal indicates that the future arena project is expected to employ 800-1000 workers over the life of the project, with a peak employment of 350-400 craft workers near the midpoint of construction. In addition, the available information indicates that payrolls for labor are estimated at approximately $50-60 million. On-going staffing for the arena is projected to be 400 employees. While specific details about individual wages and job duration was not obtained during the period of record extension following the hearing, City staff anticipates the University may also be providing a more detailed response. Clarification was requested about what easements would be provided and how it would be ensured that recording of the easements would occur in locations that did not conflict with the future arena placement. th The Villard Alley (Ordinance A) and East 13 Avenue (Ordinance B) vacation proposals include retention of easements within the vacated areas, and conveyance of a new public utility easement for relocation of existing utilities along the south boundary of the arena project site, as described in more detail below. The southern portion of Villard Alley to be vacated will retain a public utility easement so that utilities can remain. The description of this easement is included and will be reserved as part of the ordinance vacating Villard Alley. The northern portion of Villard Alley will be completely vacated. The applicant has provided a legal description of a proposed public utility easement that would allow utilities to be rerouted from Villard Alley to Villard Street. The ordinance vacating Villard Alley (Ordinance A) ensures that this public utility easement will be conveyed prior to or concurrent with vacation of Villard Alley. All affected utility and service providers and the City’s Public Works Department have confirmed that this rerouting of the existing utilities will not hinder services. As noted below, the cost for rerouting utilities will be the applicant’s responsibility. A blanket utility and pedestrian easement is also proposed over the entire area to be vacated th within East 13 Avenue (Ordinance B). The description of this easement is included and will be reserved as part of the ordinance vacating the street right-of-way. This easement will allow utilities to remain in place and provide for continued pedestrian connectivity over the subject property. Referral comments from Public Works staff, other affected City departments and utility providers note that the provision of necessary public services and facilities such as transportation, emergency access and utilities in the area can be maintained upon approval of the vacation request. Referral comments and letters of concurrence from utility providers confirm that stormwater, wastewater, water, electric, or natural gas lines located in Villard Alley can be rerouted from Villard Alley to the street by a new public utility easement as proposed by the University. It is noted that no buildings or structures would be allowed in the new location that would conflict with the public utility easement. How was it decided how much the University would need to pay the City for the right of way, if it is vacated? What is the cost/value of City improvements within this right of way that is proposed to be vacated? EC 9.8710 requires that the assessed value of special benefit to be deposited shall be determined by the City Manager. The City’s Real Property Officer in the Public Works Department, on behalf of the City Manager, prepared a Basis of Value report which provides an assessment estimating the value of the benefiting property for the proposed vacation. This report uses comparable sales of similar land use designations in determining the values. Based on this report and in accordance with code requirements, the City Manager has determined the total estimated fair market value of the approximately 0.65 acres to be $482,950. A copy of the Basis of Value Report and related correspondence is attached to the Agenda Item Summary for action on the vacation. Past improvements in Villard Alley (concrete paving to full City standards) were funded at the south end by the University and on the north end by assessing the adjacent property owners. Since the University is paying for the relocation of the utilities as noted below, no additional assessment for the cost of improvements was made to the University. The University has deposited this full amount of assessment ($482,950) with the City. If the vacation is approved, the deposit will be retained by the City. If the application is denied, the full amount will be returned to the University. Who will pay for the relocation of the utilities? The University has submitted an application for a Privately Engineered Public Improvement (Villard St. SD & WW Relocation PEPI #4574) to reconstruct the public wastewater and stormwater lines that are in the northern portion of the Villard Alley (Ordinance A) to be vacated. The University will bear all costs for those relocations and any private utilities that must be re-routed. What traffic circulation issues would be raised by the proposed vacations? No new traffic circulation issues will be raised by the proposed vacation. Villard Alley has not provided movement for through traffic since it was fenced just to the north of the University housing. Villard Alley currently does not provide any functional benefit for traffic circulation or bicycle and pedestrian circulation. New development on the site will be required to meet all current code standards for commercial zones in regards to traffic, pedestrian and bicycle circulation. Consolidation of the parcels is also expected to improve traffic circulation in the area by reducing the number of driveways on Villard Street. All future vehicular access will be addressed to ensure safe and efficient circulation. Any larger development, such as the arena, would also need to comply with Traffic Impact Analysis application requirements which identify traffic impacts related to a development and required mitigation.