HomeMy WebLinkAboutOrdinance No. 20420
-=~=-
COUNCIL ORDINANCE NUMBER 20420
COUNCIL BILL NUMBER 4986
AN ORDINANCE VACATING A PORTION OF
VILLARD ALLEY RIGHT-OF-WAY BETWEEN
EAST 13TH AVENUE AND EAST 15TH AVENUE.
ADOPTED: August 13, 2008
PASSED: 5/3
REJECTED:
OPPOSED: Bettman, Taylor, Zelenka
ABSENT:
EFFECTIVE: 30 days after Mayor's signature
ORDINANCE NO. 20420
AN ORDINANCE VACATING A PORTION OF VILLARD ALLEY
RIGHT-OF-WAY BETWEEN EAST 13TH AVENUE AND EAST 15TH
A VENUE.
The City Council of the City of Eugene finds that:
A. On June 18, 2008 the City Council of the City of Eugene by motion duly passed
called a public hearing to be held at 7:30 p.m., Pacific time on July 21, 2008 at the Council
Chambers at City Hall, Eugene, Oregon, at which time and place protests and remonstrances
could be heard as to the proposed vacation of the following described portion of the Villard alley
right-of-way:
A portion of the Villard Alley right-of-way extending between
East 13 th Avenue and East 15th Avenue in the City of Eugene,
Oregon, as more particularly described on Exhibit A attached
hereto, and depicted on the map attached as Exhibit B hereto.
RESERVING herein a public utility easement over, under, above
and across the portion of the said alley lying south of the south line
of Lot 17 in Block 6 of the Amended Plat of Fairmount, and the
right to enter thereon for purposes of construction, reconstruction,
maintenance and repair. (Oregon State Board of Higher
Education, VRI 08-1)
B. The portion of the existing public utility easement not being reserved by the City
is being relocated to another portion of the applicant's property, and the applicant has agreed to
execute a conveyance of that relocated public utility easement to the City.
C. Notice was duly and regularly given of the hearing and at said time and place the
Council heard all objections to the proposed vacation.
D. All persons owning property abutting the portions of right-of-way to be vacated
have consented to the vacation and applied for the same.
Ordinance - 1
Now, therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
The City Council of the City of Eugene finds that due and regular notice
of the hearing was published and posted as by law required, and no valid objections were made
at the hearing or filed. The consent of the owners of the abutting property has been duly and
regularly filed in this proceeding and as described in Exhibit C hereto, it is in the public interest
that the portion of right-of-way be vacated.
Section 2.
The hearing was held on July 21, 2008 at 7:30p.m., Pacific Time, at the
Council Chambers, City Hall, Eugene, Oregon, and all matters necessary to be done in the
premises have been duly and regularly completed.
Section 3.
The hereinabove described portion the Villard Alley right-of-way is
hereby vacated, and the portion of right-of-way so vacated shall revert pursuant to the statutes of
the State of Oregon.
Section 4.
Upon receipt of the conveyance of the relocated public utility easement
described in Finding B above, the City Recorder is requested 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 certified copies of this Ordinance shall be filed with the Lane County Assessor and
with the Lane County Surveyor.
Passed by the City Council this
Approved by the Mayor this
~ day of August, 2008
13th day of August, 2008
1V\Cl \, ~
..... City Recorder
Ordinance - 2
EXHIBIT .A.
.f
LEGAtnESCRlPTION
. For .
. PROPOSED.V ACA TION OF T~ VILLARD ALLEY'
.. .
The ailey numing north and south through Block 6 of the Amended Plat ofFainnount~ as platted and "
. . recorded at Page 12 of Book 2 of the Lane County Oregol1 Plat Records, Lane 'County, Oregon.
.' I .
The City of.Eugene to retain an easement for public utilities over :that portion of said alley lying south of
the south line of Lot 17 in said Block.
Containing 14,674 square feet, more or less.
/Y'
..,
RE:.GfSTERED
PROFESSIONAL
LAND Sl,JRVEYOR'
.Q,~'b~
OREGON
. JULY "30, 1976
CLELL GOODWIN
~. 10.78 ' A
EXPIRES. JUNE 30, 200,9 .
. .
. . .
p:,a90o..003-08\VILlARO ALLEY. doc
Exhibit B
Right of Way Vacation - Villard Alley
Fronk/,'
In 8/\I(j
~
N
E. 13th Ave
I
----
-g
-F-
B
o
!>
.,.....,
t............".......-.....'..
cr
(/)..,....-.
<n ...........T....
o
~ :
.._".L........._..................1,
r'-r'''',,!
I
......,... ',..,--.,",....,-,........-'1........,_.,........-
! ----T.-- -.-.-
1-....................................,........,_........\
I
~--- - ------ ---I
I,:" ..........'..'................. '
..-...................-j
~__ .____.__ I
~ ~
~_.. ..............................,..._,...........J.
.CJ I
U, i
I .
__---~ i
..,..' ........ ........-,....,..-..,.......-.-................- ......-..,-..
i
i
............L Request for 20' Alley
to be vacated from
E 15th Ave to E 13th Ave
(Ordinance A)
I
I
I
I
-~"..."....,~........................~"~....~._-~.,,. 1
-----------~._------
,
--T------~
"..",...L...,..,........,J
"-'" ...._.................._....1
[--I --1
-+-
C/)
U
~
o
>
~...................-".~...~j
i I
!
........_~~--...""._,,~..._.....).......,,>
E. 15th Ave
r ... Development Site Boundary
Proposed area for alley vacation:
14,678 sq ft (0.337 acres)
City file VRI 08-1 - Ordinance A
. .Feet
o 100
C;tyoff'9'"' ~
Planning and Development Department . , '
August 5, 2008
1 inch equals 150 feet
Exhibit C
Findings:
Villard Alley Vacation
for the University of Oregon
(Ordinance A)
Background
The University of Oregon's requested right-of-way vacations include Villard Alley from East 15th
Avenue north to East 13th Avenue (Ordinance A) and a roughly triangular portion of East 13th
Avenue at the intersection with Franklin Boulevard (Ordinance B). The University is proposing to
redevelop the site which necessitates the alley and street vacations.
The University of Oregon's desire to redevelop this site is expected to provide many positive
economic opportunities to the community. The University has shown a continuing commitment
toward this objective, including their investment of over $700 million in projects in the last 10 years
including those projects that are under construction, and projects that are planned and are fully
funded.
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 and hearings have occurred on the vacation requests 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.
Villard Alley Vacation (Ordinance A) Findings
The following findings demonstrate that vacation of Villard Alley is in the public interest. This
determination is based on the conclusion that the current alley provides minimal value and benefit
to the public and further, with the vacation of this right-of-way, redevelopment opportunities can be
Exhibit C: Findings
enhanced through the consolidation of the site, including the provision of improved access for
pedestrians and bicycles. As a result, vacation of Villard Alley will be in the public interest.
Detailed findings to support these conclusions are provided below.
The benefit of the alley to the transportation system is, and has been very limited. The portion of
Villard Alley (Ordinance A) proposed for vacation has been gated for years (on the south side of the
former Williams Bakery site) because of safety conflicts between trucks and pedestrians. The
alley's current circumstances also provide minimal benefit to the public. The University now owns
all of the land adjacent to Villard Alley. Therefore, there are no other properties which directly
depend on this portion of Villard Alley for access. The alley also provides little benefit to
pedestrians and bicyclists traveling between Franklin Boulevard and destinations to the south. For
example, access to the EmX line would be east or west of the alley to reach the stations. There are
no destinations other than University lands themselves that are better served by this alley. As such,
there is no additional out-of-direction travel for pedestrians and bicyclists necessitated by the
proposed vacation.
Public Works staffhas confirmed that adequate public rights-of-way exist to satisfy all access and
traffic circulation in the vicinity. Adjacent uses, which include University housing on the southern
half of the alley, will continue to have access from East 15th Avenue and Villard Street. As noted
above, businesses that had once used the northern portion of the alley for access are closed and the
structures have been removed from the site. In addition, consolidation of the parcels will improve
traffic circulation in the area by reducing the number of driveways on Villard Street. With a single
owner, future redevelopment of the site will be able to coordinate and consolidate driveway
locations and address overall circulation to a much greater degree than under separate ownership.
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 and utilities
in the area can be maintained upon approval of the vacation request. The City's Public Works
Transportation and Engineering staff and the Fire Marshal's office have confirmed that the
vacations would not compromise transportation, emergency access. Referral comments and letters
of concurrence from utility providers confirm that stormwater, wastewater, water, electric, or
natural gas lines located in the alley can be rerouted from Villard Alley to the street by a new public
utility easement as proposed by the University. The ordinance has been drafted to ensure that the
Villard Alley vacation is not recorded until the University has conveyed the necessary public utility
easement for the utility relocation.
The transportation system will be further improved given that future development of this site 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.
The current alignment of the alley significantly limits how the eastern portion of the site can be
developed. Elimination of Villard Alley would provide much more flexibility to develop the site in
Exhibit C: Findings
a coordinated and integrated manner. By enabling consolidation of this site, future redevelopment
plans can address the variety of development concerns (both potential impacts and benefits) in a
holistic manner. Given the limited value of Villard Alley, its benefit to the public would be
minimal in comparison to the benefits resulting from a comprehensive development plan for the
entire site.
The ability to re-use this property in a consolidated manner also enhances its economic viability
given the additional flexibility afforded with the vacation of Villard Alley. The vacation can help
facilitate increased economic opportunities associated with its redevelopment. Any development of
this consolidated, commercially zoned parcel, even in the absence of a basketball arena would result
in substantial employment opportunities both for the construction trade as well as increased
employment opportunities with the University. These additional employment and economic
opportunities will result in substantial benefit to the community.
Conclusion
Based on the available information, evidence and testimony received, the City finds that the Villard
Alley vacation (Ordinance A) as proposed by the University of Oregon, will be in the public
interest.
Exhibit C: Findings