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HomeMy WebLinkAboutOrd. 20613COUNCIL ORDINANCE NO. 20613 COUNCIL BILL 5206 AN ORDINANCE VACATING A PORTION OF PEARL ALLEY, LOCATED BETWEEN E. STH ALLEY AND E. STH AVENUE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ADOPTED: May 13, 2019 SIGNED: May 15, 2019 PASSED:8 RESECTED: OPPOSED: ABSENT: EFFECTIVE: Immediate 0 ORDINANCE NO. 20613 AN ORDINANCE VACATING A PORTION OF PEARL ALLEY, LOCATED BETWEEN E. 5T" ALLEY AND E. 5T" AVENUE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. The City Council of the City of Eugene held a public hearing at 7:30 p.m. on May 13, 2019, at Harris Hall, for the purpose of hearing protests and remonstrances to the proposed vacation of the following described right-of-way: A portion of Pearl Alley, located between E. 5'h Alley and E. 5w Avenue, as more particularly described in Exhibit A and depicted on the map attached as Exhibit B to this Ordinance. B. Notice was duly and regularly given of the public hearing. 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 consent of the owner(s) of the abutting property has been filed in the proceedings, and that vacation of the right-of-way described and depicted on Exhibits A and B 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 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, including all attachments, with the Recorder of Lane County, Oregon. In addition, a certified copy of this Ordinance shall be filed with the Lane County Assessor and a certified copy shall be filed with the Lane County Surveyor. Section 4. Pursuant to the provisions of Section 32(2) of the Eugene Charter of 2002, with the affirmative vote of two-thirds of the members of the City Council, this Ordinance shall become effective immediately upon adoption by the Council and approval by the Mayor, or passage over the Mayor' s veto. The Gordon Lofts project has been shown to meet the public benefit criteria of the Multiple Unit Property Tax Exemption program, including Compact Urban Design, Green Building, Local Economic Impact, Moderate Income Housing Contribution, and the provision of new downtown housing, which helps meet one of the housing needs identified through Envision Eugene. An immediate effective date is necessary to allow construction of the Gordon Lofts to progress more quickly, achieving these community goals sooner, and advancing implementation of the Eugene Downtown Plan and connection to the riverfront. Passed by the City Council this 131 day of May, 2019. nwor D / City Recorder 1 Ordinance - Page 1 of 1 Approved by the Mayor this day of May, 2019. Mayor Exhibit T�6 ,;e'�g t FEB 6 201 Legal Description t for the CITY OF EUGENE k Northerly portion of the North-South Alley in Block 1 Skinj&W:.s!%nafioa•t To be Vacated December 20, 2018 Beginning at the northwest corner of Lot 1, Block 1 of Skinner's Donation to Eugene as platted and recorded in Book A, Page 122 Lane County Oregon Deed Records, said point being on the east margin of the 14.0 foot north -south alley bisecting said Block 1; thence along the east margin of said north -south alley South 160 feet more or less to the southwest corner of Lot 4, Block 1 of said Skinner's Donation to Eugene; thence West 14.00 feet to the southeast corner of Lot 3, Block 1 of said Skinner's Donation to Eugene, said point being on the west margin of the north -south alley bisecting said Block 1; thence along the west margin of the said north -south alley North 160.0 feet more or less to the northeast corner of Lot 2, Block 1 of said Skinner's Donation to Eugene; thence East 14.00 feet to the point of beginning, all in Lane County Oregon. PRC���� �AL �ND SURVEYOR ti ku i OREGON JULY Is. 1994oAK JONATHAN A. €S . 77 � V) ' � ' rj: CL__YttS ,Zi —MM zt rn - --- -- - - _---- - - -_ o- - - - - - - - - - -_ Tavad I ;t .0'06 i 40'OCBr tZ 031VOVA 39 01 MON .-r CS cr i 3®1 L4¢ Ln 10902 'ON '0110 r' r ri LIS v C,4C14 c. ¢ 23ONN�'f-(SAI 13SIS co Q N7' h d 3 iT d iP'l LU LU p• R.. _ i O o I` I r .A i O tri '0'99- I < { 0.4 + ! L c� r 3 cs :1 Lrs.', Lz; I � c .i c t ¢Q } ,,�1E3c [ w LU p N I Co iv s OLJ7m C> I X 10'06 tO'OL ,0'08 _ _ I -- 0`08 o _ t0"06 ,$ tO'OL' M`..•;�— r :: r -ca 05.Ztcs y, v1 f MM LIS • 3 � .Zt _f ELI t0 09G dH0' .dHQ '.. — ITOR } i. 4'..a 9 �' It0 0 t t •yy .�.to LU LU CS :'..�417 ei 7Li Cly IL-4it I i cc Aid 'AVd z } m ,0'0Z �O'0Z c i La ;t ..} s i 'oO cs e> K1#.O "-� La! Lsi c q LIS 1 cCa C) ZNt >, t j! CO 1 :w held d E-4 } I 10'09 g 1 ` 10'08 0"08 ci OU ,4'43I i m 3 t :::;:: 4 o> i 031"OfA 3€i iii MON co 10902 '0N '(180 00 2i3QNfi 03AS3S38 ic In'd <O*H r , } E+ 10*09 AA r 777 r Yf;3.1 .fit t» r _ _ _ _ _ _ _ _ _ _ IMrata Exhibit C Findings Background: Pearl Alley runs north -south for a half -block between the David Minor Theater and the Vitus Building. The total requested vacation area consists of 2,240 square feet of public right-of-way. The area to be vacated currently serves as alley access for properties south of East 5th Avenue, between Oak Street and Pearl Street. The applicant, Obie Companies, is associated with Mildred O LLC, which owns all the properties abutting the proposed alley vacation. The vacation request process serves as 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. 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 it was originally dedicated. If the vacation is approved, the alley will revert to private ownership by Mildred O, LLC. EC 9.8710(5) requires the applicant to pay a special assessment to the City equal to the assessed value of the real property and any costs incurred by the City in the construction of public improvements. The applicant has paid the required assessment. Compliance with Approval Criteria: The sole approval criterion for this vacation, located 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: 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. The required public notice and hearing have occurred on the vacation request in accordance with applicable statutory and local code requirements. Consent to 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. Exhibit C: Findings Page 1 of 3 Vacation Findings The following findings demonstrate that vacation of Pearl Alley, located between East 5th Alley and East 5th Avenue, and Pearl and Oak Streets, is in the public interest. This determination is based on the conclusion that vacation of this alley 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 enhanced through the consolidation of the site. As a result, vacation of the requested alley will be in the public interest. Detailed findings to support this conclusion are provided below. The applicant is currently developing the southern half of the block bounded by Oak Street, 5th Avenue, Pearl Street and 6th Avenue as part of the $75 million Market Expansion project consisting of three new buildings, which includes retail/office, hotel, and a mixed-use building with residential apartments. The changes to the southern half of the block required the removal and relocation of the public utilities in that area. The construction in the southern portion of the block will also require the removal of the sanitary sewer within the northern portion of Pearl Alley. 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); • Strengthen the pedestrian connection between the downtown core and activity on 5th Avenue, and ultimately to the planned Riverfront Park and the Willamette River; • Contribute to the Envision Eugene goal of 1,000 new multi -family homes in the downtown core. 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 an alley as a secondary public thoroughfare. City Council previously approved the vacation of the southern half of Pearl Alley, along with East 5th Alley per City Council Ordinance 20601. As a result, those areas no longer have any transportation benefit to the public and are privately owned. The proposed vacation will not impede or modify on-site circulation. 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, and East 6th Avenue to the south is a major arterial. The surrounding street network provides ample transportation facilities for all users Exhibit C: Findings Page 2 of 3 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 been issued a permit Privately Engineered Public Improvement (PEPI #370018) with approved plans addressing the issue of wastewater service to the existing buildings and stormwater treatment for the future development. Current wastewater service located within the proposed vacated alley will be routed east via private wastewater lines to the 12 -inch sewer line within Pearl Street. The PEPI permit provides for facilities designed to meet the City of Eugene development standards for both the private stormwater as well as city sewer connections. The applicant has demonstrated that this vacation is in the public interest by providing an extension of the wastewater service and stormwater facilities in an orderly and efficient manner. Public Works staff supports the right of way vacation from the perspective of providing adequate wastewater and stormwater facilities. 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 Page 3 of 3