HomeMy WebLinkAboutOrd. 20661
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ADOPTED:/¢³®¡¤± ΐΐǾ ΑΏ21
SIGNED:/¢³®¡¤± ΐΒ,2021
PASSED:8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE:
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EXHIBIT C
Findings
Background:
The applicant is requesting the vacation of Ferry Alley between East 3rd Avenue and East 2nd
Alley, which is improved right-of-way. The total requested vacation area consists of
approximately 2,240 square feet. The applicant is requesting the vacation of Ferry Alley to
create a "woonerf," also known as a "living street," providing a mix of parking, traffic calming
devices, and landscaped outdoor spaces. The proposed alley vacation will maintain through
access for vehicles and providean opportunity for pedestrians and cyclists to utilize the
enhanced outdoor space of the adjacent businesses.
The portion of Ferry Alley right-of-way to be vacated abuts four parcels, all owned by Three
Muses Group, LLC, and consists of Tax Lots 500, 900, 1000 and 1200 of Assessor’s Map 17-03-
29-33.
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 271.140 generally requires ownership of the land
underlying the vacated right-of-way to revert back to owners of the adjacent lands from which
it was originally dedicated. If the vacation is approved, the vacated right-of-way will revert to
private ownership of Three Muses, 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.
In accordance with ORS 271.080, the applicant has provided evidence of consent to the
vacation from owners of at least two-thirds of the property within the affected area. In this
case, the affected area per State law is the land lying on either side of the vacated area to the
next lateral street, and 400 feet beyond each terminus of the rights-of-way to be vacated.
Based on the signed consent forms submitted with the application, the applicant has obtained
consent for the requested vacation from 100 percent of property owners in the affected area,
which exceeds the requirements of ORS 271.080 and EC 9.8710.
The applicant also received statements of concurrence from affected utility providers for the
vacation of the improved right-of-way, provided that a Public Utility Easement (PUE) is
maintained over the vacated area. The applicant has agreed to provide a PUE over the vacated
area so that the City and utility providerswill have necessary perpetual access for the operation
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EXHIBIT C
and maintenance of public utilities that remain within the vacated area.
Compliance with Approval Criteria:
Per EC 9.8725, the sole approval criterion for this vacation requires the City Council to find that
approval of the requested 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. Utility
concurrences were received from impacted utility providers and the applicant has agreed to
provide a PUE over the vacated area. The utilities currently provide service to existing
developments and other improved public rights of way. The proposed PUE provides the
easement necessary to continue perpetual operation and maintenance of public utilities that
remain. The City’s Public Works Department supports the right of way vacation contingent
upon the reservation of a PUE.
Vacation Findings
The following findings demonstrate that a vacation of Ferry Alley is in the public interest.
This determination is based on the conclusion that the vacation of this right-of-way will provide
an opportunity for the efficient use of land and will not negatively impact the transportation
system, surrounding uses, or emergency access. Should the requested alley vacation be
approved the, the vacated area will become private property under the control of the applicant,
since the applicant owns all properties that abut the alley. The applicant’s intended purpose for
the vacation request is as follows:
•To create a "woonerf," also known as a "living street," by providing a mix of parking,
traffic calming devices and landscaped outdoor spaces.
•To maintain through access for vehicles, pedestrians, and cyclists.
•To provide an opportunity for pedestrians and cyclists to utilize the enhanced outdoor
space of the adjacent businesses.
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,
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EXHIBIT C
the alley to be vacated does not impede the street connection system or fire access to
surrounding streets, businesses, and residences.
The vacation of Ferry Alley does not adversely affect direct access to the surrounding streets.
All lots abutting the right-of-way proposed for vacation have frontage and access connections
in accordance with Eugene Code on East 3rd Avenue, Mill Street and East 2nd Alley. As there
are existing public streets and an alley providing vehicular and pedestrian access to the lots, the
right-of-way to be vacated does not provide significant public transportation benefit, and public
vehicular and pedestrian circulation on adjoining streets will not be compromised as a result of
the vacation.
The proposed PUE over the vacated area provides the City and utility providers the necessary
perpetual access for the operation and maintenance of public utilities that remain within the
vacated area.
Conclusion:
The applicant’s requested vacation of Ferry Alley is in the public interest, based on the above
facts and the terms of the ordinance.
Page 3 of 3