HomeMy WebLinkAboutOrd. 20601
COUNCILORDINANCENO.20601
COUNCILBILL5194
ANORDINANCEVACATINGE.5THALLEY,LOCATED
BETWEENPEARLSTREETANDOAKSTREET,ANDA
PORTIONOFPEARLALLEY,LOCATEDBETWEENE.5TH
ALLEYANDE.6THAVENUE,ANDPROVIDINGFORAN
EFFECTIVEDATE.
ADOPTED:July23,2018
SIGNED:July24,2018
PASSED:8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE:August24,2018,orupontherecordingofthe
publicutilityeasementsdescribedinExhibitAinaform
acceptabletotheCityManager,whicheverislater.
Exhibit A
Exhibit B
Exhibit C
Findings
Background:
The total area of request, consists of 6,942 square feet of public right-of-way. The areas to be
vacated currently serve as surface parking areas in conjunction with the property south of East
5th Alley. Lane County and Mildred O, LLC applied for the vacation request as co-applicants. The
applicants own all of the properties abutting the alleys proposed to be vacated. The Lane
County Board of Commissioners agreed to lease its property to Market District, LLC (an affiliate
of Obie Companies), in conjunction with an affordable housing project by Homes for Good
(formerly HACSA) on adjacent County property, and approved a development plan for the
project. At a March 2018 City Council work session, Obie Companies presented a refined
development concept, which includes a 113-unit apartment building, a three-story retail and
office building, and 82-room boutique hotel. A conceptual development plan of the adjacent
lands is included as Attachments B.
The vacation request process serves as a means to evaluate the need for public ways as land
develops and uses change over time. This request for vacation is being 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 hearing is
being conducted consistent with quasi-judicial procedures in State law and as set forth in EC
9.7065 – 9.7095.
When rights-of-way are vacated, ORS requires ownership of the underlying land to revert back
to the adjacent lands from which they were originally dedicated. If the vacation is approved,
the alleys will revert from public to private ownership by Lane County and Mildred O, LLC. EC
9.8710(5) requires the applicants to pay to the City a special assessment equal to the assessed
value of the real property and any costs incurred by the city in the construction of public
improvements. Payment of the special assessment will be paid in a combination of cash and
fair-market value of a 14 foot wide easement over the proposed alley vacations.
The vacation request process provides a meansto 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 Eugene Code (EC) 9.8700-9.8725 and Oregon Revised Statutes (ORS) 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 vacation is in the public interest. The full text of the approval criterion is
provided below, with findings demonstrating compliance:
Exhibit C: Findings
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 partitionplats, 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.
The required public notice and hearing have occurred on the vacation request in accordance
with applicable statutory and local code requirements. Consent for the vacation request from
abutting and affected owners, and payment of a special assessment for the area of vacated
right-of-way, has been provided by the applicant, as required by statutes and local code.
Vacation Findings
The following findings demonstrate that vacation of the portion of E. 5th Alley, located
between Pearl Street and Oak Street, and a portion of Pearl Alley, located between E. 5th Alley
and E. 6th Avenue, is in the public interest. This determination is based on the conclusion that
vacation of these alleys will provide efficient use of land and will not negatively impact the
transportation system, surrounding neighborhoods or emergency access. Additionally, future
development opportunities of the adjacent lands can be enhance through the consolidation of
the site. As a result, vacation of the requested alleys will be in the public interest. Detailed
findings to support these conclusions are provided below.
The applicant has provided conceptual redevelopment information regarding their intention to
revitalize the area, which demonstrates the need for the vacation. The concept calls for the
redevelopment of the surface parking lots with a consolidated development plan for the
southern half of the block that includes three new buildings with retail/office, hotel, and mixed
use building with residential apartments. While this plan is conceptual in nature, it attempts to
demonstrate how this site is likely to be redeveloped. As the plan shows, vacation of the
current alleys is necessary to accommodate redevelopment options similar to the applicant’s
proposal.
The proposed redevelopment is part of an agreement between the developer and Lane County,
who owns the southern half of the block. This project, in conjunction with an affordable
housing project by Homes for Good, was selected by Lane County Board of Commissioners for
redevelopment of their existing surface parking lots—a site identified in the City’s 2004
Downtown Plan as the first on a list of “Development Opportunity Areas.” Obie Companies’
proposal to expand the 5th Street Market District on the Lane County property has the
potential to achieve the following Downtown Plan objectives:
Redevelop one of the identified Development Opportunity Areas;
Expand the 5th Avenue Area (a Special Place and a Great Street in the Downtown
Plan);
Exhibit C: Findings
Strengthen the pedestrian connection between the downtown core and activity on
5th Avenue, and ultimately to the planned Riverfront Park and the Willamette River.
Analysis from Public Works staff confirms the surrounding street network is a traditional
blocked street grid, which provides ample street connectivity as required by Eugene Code and
negates the need for a secondary public thoroughfare. Because of the existing local street grid,
the alleys to be vacated do not provide significant public transportation benefit, although they
do provide public vehicular and pedestrian circulation on adjoining streets aswell as the
primary parking facilities for the surrounding businesses (primarily the 5th St Public Market).
The proposed vacation will not impede or modify on-site circulation at this time. To the north is
East 5th Avenue and to the west is Oak Street, both local City streets and fully improved with
paving, curb and gutter, bike lanes, sidewalks and street lights. Pearl Street is to the east and is
a major collector n, and East 6th Avenue to the south is a major arterial. The surrounding street
network provides ample transportation facilities for all users and is consistent with city design
standards and master plans. The proposed alley vacation will not have a significant effect on
the surrounding transportation systems. Public Works staff supports the right of way vacation
from the perspective of providing adequate transportation facilities and services.
The applicant has not provided plans showing a feasible relocation of the existing facilities in
the right of way to be vacated. The utilities currently provide service to existing development
and improved public rights of way. The applicant has proposed a Public Utility Easement (PUE)
over the entire vacated area until such time as plans can be provided and approved through a
development or public improvement permit application. A subsequent PUE vacation process
will be required prior to the approval of development or public improvement permits. The
proposed PUE provides the easement necessary to continue perpetual ownership, operation
and maintenance of public utilities that remain. Public Works supports the right of way vacation
contingent upon the reservation of a PUE.
Conclusion:
The applicant’s requested right-of-way vacation is in the public interest, based on the above
facts and the terms of the ordinance.
Exhibit C: Findings