HomeMy WebLinkAboutOrdinance No. 20055.I
ORD ~ NANC E NO . ~
An ordinance vacating the fol 1 owi ng described two 14-foot wide al 1 eys
between Olive Street , Wi 11 amette Street , 14th Avenue , and 11th Avenue , to wit ,
and declaring an emergency to exist:
Al 1 of the 14-foot wide al 1 eys within Block 16,
Mul 1 i gan's Donau on to Lane County, i n the City of
Eugene , Lane County , Oregon , as platted and recorded i n
Book A, Page 122, Lane County, Oregon Deed records, and
as also shown on the survey by the City of Eugene fi 1ed
August 8, 1986, at Lane County Surveyor's Office Fi 1 e
No . 27547 i n the Office of the Lane County Surveyor ,
State of Oregon . ~ Lane Transit District , Av 96- 002 }
RESERVING HEREIN a publ i c uti 1 i ty easement over, under
and across the above-described property.
On the 14th day of June , 1996 , the City Counci 1 of the City of Eugene by
Motion duly passed, cal 1 ed a publ i c heari ng to be held at 7 ; 3D p . m. , Paci fi c Ti me
on the 22nd day of July, 1996, at the Counci 1 Chambers at City Nall , Eugene,
Oregon, at which time and place protests and remonstrances could be heard as to
the proposed vacation of the above-described al 1 eys .
Notice was duly and regularly given of the hearing and at said time and
place the Counci 1 heard al 1 objections to the proposed vacation .
Al 1 persons owning property abutting the al 1 eys to be vacated have
consented to the vacation and applied far the same.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS
Section 1. The City Counci 1 of the City of Eugene finds that due and
regular notice of the hearing was published and posted as by 1 aw required, and
no val i d objecti ons were made at the hearing ar fi 1 ed. The consent of the owners
of the abutting property has been duly and regularly fi 1 ed i n the proceedings and
the public interest wi 11 not be prejudiced by the vacation of the a 11 eys .
Section 2 . The hearing was held on the 22nd day of July , 1996 , at 7:30
p . m . , Pacific Time , at the Counci 1 Chambers ~ City Ha 11, Eugene , Lane County ,
ORDINANCE - 1
Oregon, and al 1 matters necessary to be done i n the premises have been dul and
y
regularly completed.
Sectian 3. The herei nabove-described alleys are hereby vacated, and the
al 1 eys so vacated shall revert pursuant to the statutes of the State of Ore on .
g
Section 4. The City Recorder i s hereby directed to fi 1 e a certi fi ed co
py
of this Ordinance with the Recorder of Lane County, Oregon, together with a ma
p
or plat of said property, and a certi fi ed copy of this Ordinance shal 1 be fi 1 ed
with the Lane County Assessor and another certified copy sha11 be fi 1 ed with the
Lane County Surveyor .
Section 5. That the matters contained herein concern the pub1 i c hea 1 th ,
welfare and safety and therefore, an emergency i s hereby declared to exist, and
this Ordinance sha11 became effective immediately upon its passage b the Ci t
y y
Counci 1 and approval by the Mayor, retention by the Mayor for more than ten da s,
y
ar readopti on over a mayoral veto by two-thirds of al 1 members of the Ci t
y
Council .
Passed by the City Counci 1 thi s
22nd day of July, 1996
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City Record
approved by the Mayor thi s
22nd day of July, 1996
Mayor
ORDINANCE - 2
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E
LANE TRANSIT DISTRICT
ALLEY RIGHT-GF~~VAY VACATION
FtIR CENTRAL TRANSFER STATION
APPLICANT'S STATEMENT
I, Action requested
This application seeks vacation of two alley rights-of-way on the new Lane Transit Sta~on
site in downtown Eugene. The applicant is the Lane Transit District. LTD requests
vacation of
1. The entire 334'x 14' north-south alley which extends from 11th Avenue to loth
Avenue, located between Willamette Street and Alive Street; and.
2, The entire 334' x 14' east-west alley which extends from 'wllamette Street to
Alive Street, located between loth and 11th Avenues.
The legal description of the alleys to be vacated is as follows:
All of the 14-foot-wide alleys within Block 16, Mulligan's Donation to Lane
County, in the City of Eugene, Lane County, Qregon, as platted and recorded
in Book A, Page 1Z2, Line County, Qregon Deed records, and as also shown
on the survey by the City of Eugene filed August S, 19$b, at Lane County
Surveyor's Qftice File No. 27547 in the Qfhce of the Lane County Surveyor,
State of Qregon,
Copies of the plat and the survey referenced in the above legal description are attached.
II. Background and reason for request
Lane Transit District intends to redevelop the Mock bounded by Willamette and ~ Alive
Streets and loth and 11th Avenues with a transit station, customer service building and
southwest corner building, As redevelopment occurs, all existing structures. on the block will
be removed except for the McDonald Theater Building and a small adjoining building, both
located withi~a the northeast quadrant of the block.
Vacation of the two alleys is necessary to permit construction and operation of LTD's
proposed Metro Area Central Bus Terminal. The siting, design, and operation of the
proposed terminal have been the sub ject of extensive and thorough reviews under applicable
federal, state, and local environmental and land use regularions, A conditional. use permit
has been secured for the terminal and a full environmental impact statement has been
prepared and adopted in can~unction with federal funding of the project:
Page -1 Lane: Transit District Alley Vacation Application -May,1~9~~
LTD has entered into an intergovernmental agreement with the City of Eugene and the
Eugene Renewal Agency concernvag acquisition of two city-owned surface parking lots and
construc~ion~ of replacement parking. The property acquisition has been completed. Copies
of the hearings official's findings approving the original conditional use permit and two
subsequent modif ications are attached, showing compliance with all applicable land use code
and plan standards. A cagy of the site plan as approved by the second modification to the
conditional use permit is also attached.
This application is filed pursuant to Conditional Use Permit CU-94-3, as modified by Permit
Modification Orders MD 95-8 and MD 95-18, and a February, 1996, intergovernmental
agreement between LTI3 and the City of Eugene. Copies are attached.
III, Compliance with statutory requirements for vacation.
The process far vacation of publicright-of-way is outlined in DRS Sections 271.080 through
271.160. CIRS 217.130 provides that the "'The city governing body may initiate vacation
proceedings authorized by DRS 221.080 and make such vacation without a petition or
consent of property owners." In other cases, the applicant for a vacation must secure
notarized consents of owners of abutting properties as well as the consents of the owners
of a majority of the area of "affected properties," as defined in the statute see below}.
tinder the statute, the consents must be secured before the application maybe filed...
In January,1996, city staff declined LTD's request that the Council be asked to initiate and
:required that this obligation be made a part of any extension of the intergovernmental
agreement. It has therefore been necessary for the applicant to identif~r the relevant
property owners and. secure the necessary consents. That process was time-consuming. and
resulted in unnecessary public expense. Hawver, it has now been completed and the
application may now be f fled.
Under the terms of the intergovernmental agreement, the amount any assessment for the
vacated alleyways will result in a corresponding reduction of other funds due to the city
under the intergovernmental agreement.
The following evaluation addresses the applicable Statutory requirements.
A. Section 271.080 (Consent of Property Owners)
DRS 217.080(2} requires the consent of owners of all "abutting" property and of two-
thirds of the area of ail "affected" properties. A list of properties for which consents
have been secured is attached, together. with the notarized consents of the owners of
the listed. properties. A map showing the abutting and adjoining properties for each
of the two alleys is attached, with those properties for which owner consents have
been secured shown in green.
Page - Z ~ Lane Transit. T~istrict Alley vacation Application -May, 1996
Abutting properties, Under QRS 217.4842}, ,the consent of all owners of ffabutting
property" is required.
As the attached map and property list show, consents have been obtained for 100%
of the abutting property.
Properties abutting the alleys to be vacated include all of the tax Tots an the block
bounded by Olive Street, loth Avenue,. Willamette, and 11th Avenue, as well as the
city street rights of way within 204 feet of the edges of each alley. A list of "Abutting
Properties" and. their owners is attached, along with the required notarized owner
consent forms. The property having direct frontage on the alleys to be vacated may
also be identified as Tax Lots 1900, 2000, 2100, 2200, 2300, 2400, and 2500, of
Assessor's Map 17-03-31-13, plus portions of the city street right of way adjoining the
block on which the alleys are located.
Affected properties. Under QRS 271.4802}, the consent of owners of "not Tess than
two-thirds in area of the real property affected" by a vacation is required and has
been obtained, as shown by the attached map, notarized owner consent forms, and
list of affected properties for each alley for which consents have been secured.
Properties "affected" by the vacation are defined by QRS 271.4802} as "the land lying
on either side of the street or portion thereof proposed to be vacated and extending
laterally to the next street that serves as a parallel street, but in any case not to
exceed 200 feet, and the land for a like lateral distance on either side of the street
for 400 feet. along its course beyond each terminus of the part proposed to be
vacated. Where a street is proposed to be vacated to its term%ni, the land embraced
in an extension of the street for a distance of 400 feet beyond each ter~m,inus shall
also be counted "
As shown by the plat map, each city black is 334 feet long. The two alleys bisecting
the subject block are each 14 feet wide and 334 feet long. Each quadrant of the
subject block is a 160x160-foot square. Each of the adjoining city streets is ~6 feet
wide. The sum of a block length X334 feet} and a street width ~6b feet} is 400 feet.
A 4i~-foot extension of each alley is a 14-foot-wide corridor crossing the adjoining
street and the adjoining city block. The width of the "affected property" area for
each alley is the distance X160 feet} from the sides of the alley to the edge of the
block, which is the distance to the "next street that serves as a parallel street."
Thus the "affected area" far each alley consists of the sum. of the areas of two strips
of land along either side of a corridor 14 feet wide by 1134 feet long. The sum of
the two strips is 362,880 square feet X404 plus 440 plus 334 times 2 ~ 3b2,880}. Each
of the two strips of affected property is 160 feet wide by 1134 feet long, far a total
area of 181,440 square feet
Page - 3 Lane ~ transit District Alley vacation Application .May,199~~
The area of affected properties for which consents have been secured has accordingly
been calculated as a percentage of 362,880 square feet. Dne third of an affected area
is 120,540 square feet. Two-thirds of an affected area is 241,660 square feet. As a
point of reference, a 16ox16o-foot quarter-block wit~n the affected areas has an area
of 25,6ao square feet, or 7 percent of the affected area far either alley.
North-south alley. Properties qualifying as "affected" by the north-south alley
vacation include all properties on the same block as the alley, the 10th and
11th Avenue rights-of-way, all properties on the block south of 11th, and all
properties on the black north of lath. A list of "Affected Properties" and
their owners is attached, along with the required consents. The area of
affected properties for which consents have not been received totals less than
70,Oa0 square feet, ar 19 percent. Consents have been received for over 5a
percent of the affected area, well in excess of two-thuds.
East-west alley. Properties qualifying as "affected" by the east-west alley
vacation include all properties on the same block as the alley, the Willamette
and Olive Street rights of way, all proper~es on the block east of Willamette,
and all properties on the block west of Glive. A list of "Affected Properties"
and their owners is attached, along with the required consents. The area of
affected properties for which consents have not been received totals less than
62,000 square feet, or 17 percent. Consents have been received for over 83
percent of the affected area, well in excess of two-thirds.
B. Section 271.120 (Public interest Determination
ORS 271.120 requires a determin.ation'~vhether the public interest will be prejudiced
by the vacation of such plat or street ar parts thereof." The cites hearings ofhicial
has made the land use findings relevant to such a determination and has determined
that the proposed use wall comply with all applicable state and local land use goals,
plan policies, and approval criteria (see attached ~indings~. Those findings are
sufficient to support the proposed vacation. In addition, the following facts support
a ~n.ding that the proposed vacations are in the public interest.
Utilities. A number of utilities, including an EWEB steam line, a Northwest Natural
Gas line, phone lines, and sanitary sewers, are currently located in the alleyways.
These utilities will be relocated with no degradation in service or function as
necessary in conjunction with construccta.on of the new transit station in a manner
meeting the requirements of the affected utilities and the City Engineer. The
applicant's contact persons concerning such udliries are Stefano viggiano, LTD
Planning Admuustrator X741.6103}, Eric Gunderson, Architect (342.7291, and
Pats~ns1Brinckerhoffi project engiD:eers.
Page - 4 Lane Transit District Alley vacation Application • May,199~
Transportation F~rnctxon. The alleys proposed for vacation serve na essential
transportation f unction; they merely provide internal access to parcels located
within the affected block. The ~ only remainvag structure, the McDonald
Theater Building, does not require alley-access vehicular service. Alternative
and superior access will be provided through redevelopment of the block as
a transit station with properly-designed entrances, exits, and bus lanes, which
can also be used for emergency vehicle access.
Vacation of the alleys will improve traffic flow within the area because the alleys will
be replaced by the new transit station, The new transit station will
a. Improve bus circulation in the area and take buses off the street by replacing
the existing on-street bus transfer facilities on Qlive and Eleventh.
b. Provide improved mass transit transportation throughout the city via. a. central
terminal with easy entrance and exit from loth and 11th Avenues and
Willamette and alive Streets.
c: Replace the makeshift multi-entrance surface parking arrangement on the
subject block with nearby structured parking having properly-designed
entrances and exits.
Iv. Conclusion
The information provided above and incorporated therein by reference demonstrates that
the requested vacation is in the public interest and otherwise qualifies for approval. LTD
respectfully requests city staff to provide the notice and public hearing provided for in DRS
271.110 and 271.120 and asks the City Council to promptly grant the requested vacation.
Respectfully submi 2~d day of May, 1996.
Allen L. Johnso
Johnson, Kloo & Sherton, P.C.
Attorney for Applicant
Page - 5 Lane Transit District Alley vacation Application -May; i996~
LTD Alley'Vacation Consents
Droner Tax Lots
Bello LLC 17-03-31-13
Bennet, Robert
Ca~ns,'L~in
Eugene/ERA
Furtick, Donald
Hammer, John.
Lane Community College
Lane County / LC~~
Larson, Charles F.
Lee, Ada ~.L.
17-03-31-13
17-03-31-42
17-43-31-13
17-03-31-13
17-03-3113
17-03-31-13
17-43-31-13
17-03-31-13
17-03-31-14
17-03-31-42
1 ! -03-31-42
17-03-31-13
17-03w31-13
17-03-31-14
17-03-31-14
17-03-31-13
17-03-31-13
17-03.31-13
17-03-31-13
LTD
17-03-31-13
17-0331-13
17-43-31-13
17-03-31-13
17-03-3 i-i3
1400
1500
1740
400
5400
5500
5640
5700
5800
6500
12300
500
600
2240
2240
12500
12500
2600
6440
6200
6304
2100
2
.2304
2444
2504
Macke; Lawrence V. 1703-31-13 2SQ~
McDonald Theatre Associates 17-43431-13 1900
Midland Pack Oregon Corp 17-03-31-13 130Q
$01
Peaceheaith Medical Grp, 17-03-31-42 700
Ritchie; Harry and Geraldine 17-03-31-13 1600
Skeie, Richard 17-03-31-14 12600
Smith ~ Crakes, Inc. 17-03-31-42. 200
Weingarten,. Saul M. 1703-31-13 2900.
1996 LTD Alley Vacation Application
Assessors Map and Tax Lot Numbers of Abutting Properties:
Map Tax Lot Owner
17-03-31 2100 LTD
rr ~oOQ rr
2300 r'
" 2400 "
'~ 2500
rr 1900 McDonald Theater Associates
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Legal Description of Alleys to be Vacated
1996 LTD Alley Yacat i an
All of the 14-foot-wide alleys within Block 16,
Mui_ligan's Donation to Lane County, in the City of
Eugene, Lane County, Oregon, as platted and recorded
in Book A, Page 122, Lane County, Oregon Deed records,
and as also shown on the survey by the City of Eugene
filed August 8, 1986, at Lane County Surveyor's Office
File No. 27547 in the Office of the Lane County
Surveyor, State. of Oregon.
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ROOF PLAN
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RE~EiVED
FINDINGS OF HEARINGB OFFICIAL J~~ ' 9 }s~~
~a~~~or~, K~pag
Lane Transit District ~MD 95-18~
Tax Lots 1900 the west 3D feet) , 2000, loo, 2200, 2~oa, 2400, and
250---Assessors Map 17--03~-31~-13
Located in the city block bounded by 1Dth and 11th Avenues and
Willamette and Olive Streets.
Requests a major modification to the Hearings Official approval of
a Conditional Use Permit~~CU 94-3) allowing a bus terminal in the
C-~3 Major Commercial District,
Applicants: Lane Transit District
The following findings of fact and conclusions of law are based
upon the testimony presented at the public hearing of December 20',
1995 and materials and documents submitted and made a part of the
Planning Department file, through the close of the record.
DECISION DATE: January 8, 1996
APPEAL DEADLINE: January 1S, 1996
CONCLQSION: A major modification to Conditional Use Permit 94--3 to
allow construction of a bus terminal in the C-3 District is granted
subject to the fallowing conditions:
1. All conditions included in the Hearings Official's
approval of Conditional Use Permit 94--3 and Major Modification 95-8
shall remain in effect unless otherwise modified below.
2 , As part of the site review process, all signs shall be
designed in compliance with the provisions of EC 9.140.
3. The following existing conditions specified in the
Hearings official's findings for CU 94-3 are hereby modified to
provide as follows:
A. GENERAL
1. As provided in EC 9.718, this conditional use permit is
subject to the plans and conditions upon the basis of which it was
approved. Accordingly, the bus terminal as authorized by the
issuance of a city building permit shall conform with the
conceptual design as elaborated and refined by the project
architect consistent with these conditions and with the proposal as
represented in these proceedings. :- .
Page 1 - Findings of Hearings Official tMD 95-1.8}
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4. At the applicant's request, and as authorized under EC
9.718, the deadline for commencement of actual construction or
alteration is extended to December 31, 1996.
7. Prier to vacation of the north/south alley, the sanitary
sewer in the alley shall be relocated or accommodated in its
present location, whichever is satisfactory to the City Engineer,
8. Prior to vacation of the east/west alley, the storm sewer
in the alley shall be abandoned or accommodated in its current
location, whichever is satisfactory to the City Engineer.
B. xo~sE
Conditions B~2~ and B~3~ of the existing conditional use permit
shall be replaced by the fallowing three conditions:
1. The station will include a barrier wall or buildings to
be located on the north side of 11th Avenue, east from Olive
Street. The barrier will be at least 20 feet high and 95 feet
long,
2. Air cooling units, similar to the prototype that was
installed in Room 422 of Olive Plaza, will be installed in 39
additional rooms at Olive Plaza. The roams will be selected by
olive Plaza as those most impacted by the station. A one-time
payment of $3,000.00 will be made to Olive Plaza to caner the
increased operating and maintenance costs associated with the air
cooling units.
3 . Air conditioning will be installed in the office areas and
common areas on the ground floor of Olive Plaza, at a cost not to
exceed $20,000.00.
C. VISUAL IMPACTS
1. Except as permitted in subsection 2 below, outdoor
lighting in and around the station shall consist of pedestrian
scaled pole-mounted fixtures compatible with thane now in use vn
the Broadway Mall and, in front of the Eugene Electric Station.
7. Compatibility with existing historic structures shall be
reinforced through use of similar materials, scale, texture, and
detail, with particular attention to the scale, proportions, and
common formal elements of the historic McDonald Building, Ax-Billy
Page 2 - Findings of Hearings Official ~MD 95-18~
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Building and the Schaefer Building. Additional design guidelines
shall include the Miles report. City of Eugene Historic
Preservation staff and SHPO staff shall be involved in bath
preliminary and final design for the station to assure
compatibility with the nearby historic buildings. Compatibility
does not mean an exact match.
8. External sidewalk improvements including pavement
materials, landscaping and street furniture shall be consistent
with street furniture guidelines for the Downtown Mall.
9. The transit station shall be constructed to provide
rooftop treatment to include the screening of unsightly utilities.
olive Plaza will be given the opportunity to participate in and
comment on the roof design, and LTD will seriously consider and
attempt to address concerns raised by Alive Plaza.
D. SECURITY
4. The Customer Service Center shall be located on the main
boarding platform with visibility to and from the principal
passenger and plaza areas. The buildings on the site will include
some windows from offices or other staffed areas that face the
sidewalks on 11th Avenue and olive Street.
5. The exterior of the station shall be well--lit and so
designed as to discourage loitering or congregating.
Notwithstanding this requirement, LTD may provide for kiosks,
seating, and similar amenities in the northwest corner of the site
that is identified as the plaza area.
6. Add the fallowing sentence to the existing condition: The
safety and security report will address security issues for the
entire station block, including the adjacent public sidewalk. .
F. CONSTRIICTION NOISE/VIBRATION
5. Noisiest construction activities shall be limited to hours
when the McDonald Theater is not operating, such -as~~~ 7:~~0- a~:m. to
3:30 p.m, on weekdays. Measurable limits which should be conducted
within this time frame will be submitted by an acoustical engineer
and approved by the Planning and Development Department prior to
construction.
6. Noisy construction activities shall be located the
greatest distance possible from the McDonald Theater and Alive
Plaza. Noisiest construction activities will be defined by an
acoustical engineer prior to. construction. ~ .: ~: ~.~.~..~~~,~~~~
Page 3 -~ Findings of Hearings Qf f icial ~MD 95-18 }
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11. If specific noise complaints are received during
construction from the McDonald Theater, residents of olive Plaza,
or LCC, the contractor shall either:
l} Have received prior approval from the management of
olive Plata, McDonald Theater, or LCC that defined noise
levels has approved by the Planning and Development
Department} may be exceeded, or
2} Implement one or more of the following noise
mitigation measures to reduce noise below defined levels
measured inside alive Plaza, inside the McDonald Theater, or
inside the LCC Downtown Center:
a} Install temporary or portable acoustic barriers
around stationary construction noise sources.
b} Locate stationary construction equipment as far
from nearby noise-sensitive properties as possible,
c~ shut off idling equipment.
d} Reschedule construction operations to avoid
periods of noise annoyance identified in the complaint,
e} Notify nearby residents whenever extremely noisy
work will be occurring.
3} olive Plaza, McDonald Theater, and LCC shall be
provided the opportunity to review and comment on the
construction noise standards that are to be established.
DISCUSSION AND FINDINGS
A. Findings_of_Fac~
In 1994 a conditional use permit was granted allowing a bus
terminal in the C~-3 Major Commercial District at the subject site.
The present request. involves a new site design and circulation. lay-
out and involves some modifications of the arigina~l-conditions of
approval. Following the approval of the original conditional use
permit and its modification to address the development of a new
parking structure, a Design Review Committee ~DRC} was formed to
discuss specific means for complying with the approved conditions
and resolving same of the outstanding issues, including traffic
circulation, design compatibility and noise. As a result of the
comments received from the DRC and further analysis by the project
architect, the applicant substantially revised the transit station
from a circular design to a "saw tooth" lay--out.. This design
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creates a linear lay-out for bus movements and provides for ingress
and egress to and from all four surrounding streets. The previous
design did not provide for ingress from lath Avenue or egress to
Willamette Street.
The new design shows new customer service buildings, including the
primary customer service center to be located at the corner of
Willamette Street and lath Avenue. This is a twa~-story building
which will include passenger related services as well as office
space for LTD employees. A smaller two-story building will be
located along the west side of the McDonald Theater and will
include transit employee space as well as some customer service
area for uses such as newspaper stands and coffee/food vendors. A
third building will be located at the corner of llth Avenue and
dive Street and will provide ancillary customer services. This
building will serve as a sound barrier to mitigate noise impacts
upon the olive Plaza building. This building will have some
windows to allow visual access in order for LTD employees to
monitor surrounding activity.
B, Evaluation
section 9,702_~a~: The location, size, design and operating
characteristics of the proposed development will be made
reasonably compatible with and have minimal impact an the
livability or appropriate development of abutting properties
and the surrounding neighborhood, with consideration given to
harmony, scale, bulk, coverage, and density; to availability
of public facilities and utilities including transit related
facilities; to traffic generation and the capacity of
surrounding streets and alleys; and to other relative impacts
of the development,
The revision in the plan, for the transit facility involves the same
number .of bus spaces and has the surface capabilities of the
previous proposal. The new "saw tooth" design for bus space will
enable independent movement of each bus and eliminate the need for
backing of buses to exit bays. The new circulation plan will also
allow ingress and egress from and on to all four surrounding
streets, which will allow traffic to be dispersed more evenly on
the surrounding streets. Although positive~~-findings were
previously made that noise caused by bus traffic would be
reasonably compatible with the surrounding area, the modification
represents improvement, particularly in that the backing of buses
will be eliminated.
A previous area of concern was the compatibility of the proposed
facility with the existing historic buildings in the area. The
applicant has worked with the DRC to achieve building design
compatible with the existing buildings. The design adopted for the
Page 5 -- Findings of Hearings official ~MD 95-18~
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modification achieves compatibility in several manners. The design
incorporates massing similar to the existing two-~stvey commercial
buildings by use of conventional bays and fenestration addressing
the historic detailing ~of the McDonald Theater. The design also
has points of entries that reinforce the historic placement of
alleys on this block. The design does not attempt to appear as an
old structure, but presents an appearance that is compatible with
the existing structures in use of materials, features, size, scale
and proportions. The. design of the building and landscape plans
will continue to' be subject to review by the Design Review
Committee. A specific condition has not been imposed requiring a
clock as a particular part of the tower feature shown on the
current drawings. The intent is not to preclude that passibility
but it would appear to be a detail that is not necessary to a
finding of compatibility.
The revised plan shows the customer service building at the
southwest corner of 11th Avenue and alive Street. This building,
will extend 95 feet along llth Avenue and will be a minimum of 20
feet high. The building will present a sound wall to mitigate
sound emanating to the south towards the alive Plaza Building. The
building will offer a mare desirable aesthetic and visual solution
than a sound wall. A condition has also been imposed concerning
the installation of air conditioning units in affected units and
the office areas and common areas on the ground floor of alive
Plaza. This will eliminate the necessity of windows being
maintained open in this area during the warmer months when sound
emanating from the transit facility could present a problem for
alive Plaza residents.
The potential for sound impact is reduced with the new design as
buses can move on and off site independently with greater
efficiency. The buses will not be required to back up and
accelerate out of each space, which will help reduce noise impacts .
As stated above, with the new design . comes.. access to all. four
surrounding streets, mare evenly dispersing traffic. Considering
the design and conditions imposed pertaining to mitigation of
noise, the use will be compatible with the adjacent properties and
surrounding neighborhood.
There is concern with construction noise and. vibration. ~ A
vibration study has been submitted which addressed that issue.
That study demonstrates that patrons within the McDonald Theater
are not expected to experience noticeable vibrations due to transit
operations.
Conditions have been imposed to mitigate the effects of
construction noise, including the possibility of installation of
acoustic barriers and rescheduling of certain operations. A
condition is imposed that the noisiest construction activity be
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limited to hours when the McDonald Theater is not operating. The
conditions include a requirement that measurable limits for noise
be set by an acoustic engineer prior to construction. There are a
series of measures that can be taken if specific noise complaints
are received during construction, With the provision for input
from surrounding properties, concerning noise during construction,
the development will be compatible with those adjacent properties
as it will be caused to address complaints by the conditions
imposed. ..
The previous design contemplated a roof garden for the transit
facility. That requirement is eliminated but a condition remains
that requires that rooftop treatment to include the screening of
unsightly utilities with olive Plaza being given the opportunity to
comment on the design. This will satisfactorily address this
aspect of visual compatibility.
As previously stated, the prior proposal was found to be in
compliance with this criterion. The present proposal represents an
improvement and particularly with the conditions imposed, will
ensure that the development will not have more than minimal impact
upon and will be compatible with abutting properties and the
surrounding neighborhood.
Section 9.7o2W b~ : The location, design, and related features
of the proposed development will provide a convenient and
functional living, working, shopping or civic environment, and
Will be as attractive as the nature and the use and its
location and setting Warrant.
As previously found, the location of the facility is convenient and
functional. The new design also increases the functionality on the
facility in that it provides far better bus movement, both within
the facility and in gaining access to surrounding streets. The
revised plan also provides more. customer service. area .than. the.
original design. The main customer service center provides entry
onto Willamette Street, customer service information, conference
room. and waiting area. These public portions are oriented for
maximum visibility of the station. Some minor customer service
activities are moved to an ancillary customer service budding in
the southwest corner. This building will also allow space for
private use related to customer services, such as a coffee stand,
newspaper stand, or food vendor.
The proposed design will assure an appropriately attractive,
functional convenient facility.
Section 9.702 c The proposed development will be consistent
with applicable adopted neighborhood refinement plans, special.
area studies, and functional plans.
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The project concept remains consistent with the previous proposal.
The Hearings Official's findings in CU ~4-3 , relating to the Eugene
Downtown Plan and TransPlan, remain unchanged and are incorporated
herein by reference.
Section 9.T02 d The proposed development will be consistent
with the ,Metropolitan Area General Plan 1~ applicable land use
reference, 2 ~ text related to the development, and 3 ~ specific
elements related to the development.
The Metro Plan designates this property as Major Retail Center.
The site is zoned C--3 Major Commercial which allows bus terminals
as a conditionally permitted use, and is consistent with the Metro
Plan designation. Previous findings with regard to this criterion
are incorporated by reference.
Re pectful u fitted,
S W. SP CKE
HEARINGS OFF
JWS;ccc
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FINDINGS QF HEARINGS oFFICZAL
,;
.-~
~~~ ~ Lane Transit District ~CC~ 94-3 ~
~~.
Tax Lots 1944 the west 34 feet , 2000, 2.04, 22.00, 2304, 2404r
and 2500----Assessors Map 17.03--31--13
Located in the city block bounded by 10th and 11th Avenues and
i~il.lamette and Olive Streets,
Re ests a conditional use permit to allow a bus terminal in the
C--3 Ma] or Commercial. D~,strlct.
Applicant: Lane Transit District
. ..~
. ~~;...~
~~.~
~-~=~ A. GENERAL
The following f findings of fact and conclusions of law are based
upon testimony presented at the public hearings of April 13, 1994
and May 25, 1994, and materials and documents submitted made part
of the planning department file through the close of the record,
DECISYON DATE July 14, 1994
APPEAL DEADLINE: July 25, 1994
CONCLIISION: A conditional use permit to allow a bus terminal in
the C-3 Major Commercial District is granted upon the fallowing
conditions:
1. As provided in EC 9.718, this conditional use permit is
subject to the plans and conditions upon the basis of
which it~ was approved. Accordingly the bus terminal as
authorized by the issuance of a city building permit
shall conform with the conceptual design as elaborated
and refined by the project architect consistent with
these conditions and with the proposal as represented ~.n
these proceedings. .
2. Cam liance with these conditions that require exercise
p ~ ~ t e s ite review
of discretion shall be determined through h
procedures pursuant to EC 9.594, and these conditions
shall be the sole criteria. for said review.
3. This permit shah. become permanent upon compliance With
all conditions. EC 9.698. The permit does remain
subject to the provisions of EC 9.72U and EC 9.7223}-
4. At the applicant's request, and as authorized under EC
9.718 the deadline far commencement of actual
construction or al.terat~.on is extended from one year to
~~~ 1 -- FINDINGS OF HEARINGS OFFICIAL CCU 94--3 }
~~~
two years from the date it becomes final and na longer
subject to appeal.
.~ ~ 5. The conditions herein shall not be deemed to prevent
~~ special bus movements, routing, and other operations
necessary and appropriate to serve special events or to
respond to emergencies, breakdowns, street repairs, and
other temporary conditions. .
6. Prier to building permit submittal, both alleys shah. be
vacated.
7. Prior to vacation of the north/south alley, the sanitary
sewer in the alley shall be relocated to an area
satisfactory to the City Engineer.
8. Prior to vacation of the east/west alley, the storm sewer
in the alley shall be abandoned.
9. If the vacation of the Olive Street right-~af--way
infringes on the thirty-inch storm sewer in Clive Street,
it shall be relocated to the satisfaction of the City
Engineer.
1a. LTD shall maintain, replace, or reference all the right-
of-way ~~zanumentation.
1.~.. Articulated bus parking and loading shall be accommodated .
in the station complex.
B. NOISE
1. The station shall be so designed as to divert arriving
buses into the station at or prior to mid-block on 11th
Street so that they will. no longer have to make right
turns from 11th Avenue in front of Olive Plaza auto Olive
Street in order to enter the station.
Z. The station shall.be sa designed as to whol~.y block the
direct line of sight and sound between all olive Street
Plaza dwelling unit windows below the znd floor and I~TD
buses within the shaded area shown on the attached
Exhibit "A". This condition remains in effect without
regard to the sound attenuation alternative e~uployed
pursuant to condition 3, below.
3. In conjunction with the above, a 20--foot tall acoustical
absorbent wall shall be located west of the 11th Avenue
entry extending approximately lay feet along the
sidewalk. Additional acoustical banners shall be hung
on cooling over the top of the bus lanes to absorb and
reduce noise. Upon agreement of the applicant. and Glive
~~ :~~~, 2 - FINDINGS 4F ,HEARINGS OFFICIAL ~ C~J 9 4 --3 ~
r
~' Plaza, the alternative of installation of air exchange
~~ ~ and cabling units at Olive Plaza for all ,residences
..~ impacted by the transfer center may be adopted in place
of the wall and banners.
4. The speed of buses in the transfer center shall be
limited tv 5 mph.
5. Fan belts, mufflers, air brakes, and other noise--
generating equipment shall ~e maintained in proper
condition to ~aini~nize noise . All bus mufflers shall be
operated and maintained consistent with manufacturer's
instructions and all applicable regulations. Buses with
defective or malfunctioning mufflers shall not be allowed
to enter or remain at ar adjacent to the station.
~. High quality non-squealing brake pads shall be used.
7 . Potential no~.se producing equipment, such as .brake pads,
belts and mufflers shall be maintained in proper factory--
specified condition.
8. Bus engines shall be turned off while in the station
except when arriving and departing and when necessary to
operate accessibility equipment or to maintain rider
comf art .
9. The station shall be sa designed and operated that buses
will not operate in reverse during normal operations.
~.~ . All new transit vehicles shall meet app~.icable DEQ noise ~ ~~
standards.
11. An acoustical engineer shall certify compliance with all
applicable no~.se level restrictions based upon
measurements taken during test runs before conu~encement
of regular operations.
12. Prior to detailed design, a geotechnical specialist will
conduct a subsurface investigation of soils west and
south of the McDonald Theater sate. The specialist will
work with the design tea~a as well as the State Historic
Preservation officer to ensure that potential vibration
impacts to the McDonald Theater resulting from the
project are adequately mitigated through the design
process, city of Eugene Historic Preservation staff and
SHPT staff shall be involved in preliminary and final
designs of the structure relative to potential noise and
vibration impact on the McDonald Theater bui~.ding.
'" 3 - FINDINGS OF HEARINGS OFFICIAL (CU 94-3) __
C -~
C. VISUAL IMPACTS
.-. -.~
r ~ ~.:... 1. Except as permitted in subsection 2 below, out oor
lighting a.n and around the station shall consist of
pedestrian-scaled pole--mounted fixtures similar to those
now ~.n use on the Broadway Mall and in front of the
Eugene Electric Station. .
Z . Safety, security, and informational lighting shall be so
directed and shielded~as to minimize off-site glare.
3. Before building permits submittal, LTD shall provide a
detailed landscape plan indicating size, species, spacing
and irrigation of all landscape materials. The plan
. shall meet Public Works Transportation requirements far
~rision clearance.
4. The design~of the landscaping around the perimeter of
the-site shall meet the landscaping requirements along
public right-of-way as specified in Section 9.589 of the
Eugene Code.
5. The existing alignment of intersections will not be
altered.
~. Ynsofar as possible, the existing rectilinear grid
attern of surrounding streets shall be reinforced
p
~'. ~~ ~~; through the alignment of new perimeter walls, pillars,
t., :....
~~-~ portals, and sidewalks consistent with existing scree _
front alignments.
7 . Cam atibil icy with existing historic structures shall be
p
reinforced through use of similar materials, scale,
texture, and detail, with particular attent~.on to the
scale, proportions, and common formal elements of the
historic McDonald. Building, Ax~-Billy Building, and the
Schaefer Building. Additional des~.gn guidelines shall
.include the , Miles report and the exterior design
idelines. far the proposed new library at 8th and Olive,
~ staf f and SHPO staf f
City of Eugene historic preservation
shall be involved in both prel~.~ninary and final designs
far the station to assure compatibility with the nearby
historic buildings.
8, External sidewalk improvements, including pave~aent
materials landscaping and street furniture shall be
r
consistent with street furniture guidelines for the
Downtown Mall and the proposed library at 8th and
Willamette.
. The transit. station shall be constructed tv provide
9.
,' ; 4 - FINDINGS of HEARINGS OFFICIAL ~ CU ~ 4 ~.3 } _~
fs`c`Y ~
zooftvp treatment to include: ~1} the screening of
unsightly utilities and ~Z} either a pitched roof ar, if
r a flat roof, a rooftop garden.
= - D. sECURzTY
~1. The conceptual plan's orientation toward downtown and
away f rvm 41ive Plaza shall be retained through the final
deslgn.
Z. The conceptual plan's accent an high horizontal
visibility through the plaza shall be retained through
the final design.
3. The conceptual plan's orientation of terminal activity
towards the interior of the black shall be retained
through the final design.
4. The Customer Service Center shall be centrally located
with excellent visibility to and from the principal
passenger and plaza areas.
5. The exterior of the station shall be well-lit and so
designed as to discourage loitering or congregating.
6 , The project architect shall secure the advice and counsel
of the Eugene Public Safety Department concerning safety
and security issues and shall submit a safety and
.
;:'„ ;
~ security report to the design review committee addressing
.
~~~-~~~-~~~ the issues far internal and external safety and security
for 41 ive Plaza res i.dents as well as for LTD's riders and
other pedestrians.
~E. PARKING
1. The cond~.tional use permit for the proposed transit
station shall be conditioned upon the contribution of
$1.8 mill ion by LTD for overpack expansion as mare
particularly described and set forth in the letter dated
A ril 1Z, 1994, to Jerry Moskus, President, Lane
p
Community College, from Abe Farkas, Parking and
Development Director, City of Eugene copy attached as
Exhibit "B".
2. In the event that parking spaces contemplated by the
Overpack expansion are not available at the time that
Z5~ or more of the 176 surface parking spaces become
available far use by students attending the Lane
Com~aunit College Downtown Center, then and in that event
y
LTD will provide alternate access until such time as the
Overpack becomes available. Such alternate access may
include but is not limited to park and rides, special
5 -- FINDINGS 4F HEARINGS OFFICIAL ~ CU 94--3 } _.~
4
routes, and any other mechanisms which facilitate student
access to the Lane Community College Downtown Center.
f ~ ' s .understood that fulfillment of this cond~.tion is
_ 3 . It a.
~~ dependent upon additional federal mitigation funding and
upon the City's f ul f it ~.ment o f its commitments as
expressed in the letter agreement. Accordingly, in the
event that the Qverpark mitigation option is frustrated
for any reason, LTD shall have the right to request
removal ar alteration of the subject condition . Any such
alteration shall be class if i.ed ~ as a "major modif icatian"
of the permit and shall require a full hearing at which
LCC shall be entitled to raise any issues of
compatibility and adverse impact related to parking
removal that it might have raised at the original CUP
hearing.
F. CONSTRUCTION NOISEIVIBRATION
1. operation of construction equipment shall be prohibited
within 1, 000 feet of any occupied dwelling unit at night
~7 p.m, to 7 a.m.} and on Sundays and legal holidays.
2. All engine-powered equipment shall be required to have
mufflers installed according to the manufacturer's
specifications .
3. All equipment shall be required to comply with pertinent .
EPA equipment noise standards .
4. Pile driving, jackhammering, and other farms of
demolition will be limited to daytime hours of 8:00 a. m.
to 5:00 p.m.
5. Noisiest construction activities shall be limited to
hours when the McDonald Theater is not operating, such
as ?:D0 a.n~. and 3:30 p,m. on weekdays.
~. Noisy construction activities. shall be located the
reatest distance passible from the McDonald Theater and
g
41ive Plaza.
?. Augur-cast piles, rather than pile driving, shall be
used.
8 . Use o f ' ackhamuters , heavy bulldozers and other detaol itian
7
e i ment shall be limited and used with care tv prevent
~ p
an structural damage to the theater from vibration
Y
impacts.
5. Pile driving shall not be used.
!`~ ~ ~~~~~ 6 -~ FINDINGS of HEARINGS 4FFICrAL CCU 94--3 } ~.-
\ ~:.~
lp, Surface blasting shall not be used,
If s ecific noise complaints are received during
1 ~. p
~~.~ ~ ~ construction, the contractor shall implement one ar more
~~ of the following noise mitigation measures:
a Install temporary or portable acoustic barriers
~}
around stationary construction noise sources..
b Locate stationary construction equipment as far f ram
~}
nearby noise-sensitive properties as passible.
c Shut of f ~.dling equipment.
~}
d Reschedule construction operations to avoid periods
~ ~ aint.
of noise annoyance identified in the compl
e Natif nearby residents whenever extremely noisy
~ 7 Y,
work will be occurring.
DYSGUSSIaN & FINDINGS:
A, Findin s of Fact
The a licant ro oses to construct a "bus terminals' in the C--3
pp , p p ,
a or Commercial District zone. This proposed terminal .will. be
M~
entral mass transit station for the Eugene-~Springfleld
the c
etro olitan Area. The proposed mass transit station will replace .
. M p
~:~~ existin on-street station located on streets, immediately
an g
~`~~~~ d'acent to the ra osed site and in the immediate vicinity. The
a 7 ~ ~ ~ p p ~ -- owth ro ections .
pro? ect ~,s designed to meet LTD s 2.0 year gr p 7
station will occu about three-quarters of the city block
The py
{ ordered b loth and 11th avenues and Olive and Willamette Streets.
b y
o meat site will not include the McDonald Theater building
The devel p
which enerall covers the northeast quadrant of the block.
g ~'
ro osed transit station will be largely, an open transit, plaza
Thep p ~ ~ three-- otter circ~.e,
with the passenger platform ln. the farm of . a ~
' circular shelter around the edges and 24 bus bays around the
with a
' er. Three la aver bus bays are located near the southeast
perimet Y
the site. Parkin for support vehicles will be located
corner of g
near the northwest corner.
The Customer Service
will provide indoor
information counter,
restrooms, employee
support activities.
building with a heig
of space.
Center will be the center of the plaza. Yt
seatin for about 50 people, a sales and
g
information phones, work stations, public
restrooms and lounge, and roam far other
It is currently designed as a two-story
ht of 35-40 feet and about 8, 440 square feet
~~~~ ~ 7 ~- FINDINGS of HEARINGS OFFICIAL ~C~T 943 }
f.~::
r., .~
..,
The terminal is designed to allow buses to enter from Willamette
Street, 11th Avenue and Olive Street, The 11th Avenue entrance,
pursuant to condition imposed, will be at or east of mld--black.
f The terminal is designed to al law buses to proceed forward, rather
than backing to exit the station.
The development site is surrounded on all sides by property zoned
C~3 Major Commercial District. Uses in the block of Willamette
Street opposite of the development are, from north to south, the
Schaefer building, a jeweler, a teen dance club, LCC Downtown,
child care referral, a gift shop and a frame/portra~.t studa.o. Uses
in the block of West 11th opposite the development site are, from
east to west, Washington Mutual Bank, Smith and Crakes insurance
a enc and the 41ive Plaza residential complex. Uses a,n the block
g ~ t site are from south to
of Olive Street vppos~te the developmen r
north The Kiva food store,. a formal wear store, a dry cleaner, and
a surface arkin lat. Uses in the block of West 10th opposite the
p g
develo went site are, from west to east, The Atrium building and
p
Downtown Cabaret Theater. The Atrium bu~,lding houses a bar and
restaurant on the ground floor and offices on the remaining three
floors. The McDonald building includes a deli on West 10th, the
resent LTD customer service center at the southwest corner of West
p
10th and Willamette, and the McDonald Theater, a vintage clothing
store a bookstore, record store, and vacant retail space.on`the
Willamette Street side of the building. Other land uses within a
block of the site are a similar mix of off ice and commercial uses
and arking lots and facilities see Figure 3~-2 of CUP
p
Application.}
In character, the area of the site is part of the downtown Eugene
~za'or retail center, is urban in nature and has a wide variety,of
J
uses. The height and bulk of the buildings are commensurate with
a downtown area with same of the surrounding buildings being three
or four stories in height and the olive Plaza building being twelve
stories in height.
Historic raperties in the area include the McDonald Theater
p ~ s the Downtown Athletic
bu~ld~.ng, the Ax-Billy bua.ld~.ng developed a
Club dia onall across the 14th and Willamette intersection from
~ Y
the theater and the Schaef f ers Bu~..lding immediately to the east of
the theater building.
West 11th Avenue on the south side of the subject block is a
heavil used three lane arterial street. 10th Avenue is a two~-
y
lane, one--way eastbound street. Olive and Willa~aette Streets are
both twa~-lane, two--way streets,
e level of edestrian activity in the general. area, is
Th p
commensurate with that of a normal downtown area. There is ,
however more intensit of activity in the particular area of the
' ~ y' 't center. Thls
site due to the exlsting on-street. LTD Transl
facilit involves on--street loading ~of buses and. use of bus
Y
8 - FINDINGS OF HEARINGS OFFICIAL (CU 94-3) _-
tens and s i ns located along 41 ive Street and loth, Avenue. The
shel g
t' on is used as bath a destination and transfer point for up to
sta ~.
10,000 trips per day.
Presentl .most bus activity commences at approximately 5:55 a,~a,
y' ~ v the site. There is one bus
when the first group of buses comes t
t arrives at the stat~.on at 4 : 33 a. m. The first bus to use the
tha
t'on on Saturda s and Sundays arrives at 7:25 a.m. The last
sta ~. y
buses to leave the station are 11:30 p.m. on weekdays, 1:30 p.m.
on Saturdays, and 7:30 p-. m. on Sundays. .
` anon demonstrates that there are existing a~.r quality
All anfor~a
' is from traffic including buses, on olive Plaza. The
ampac
' onmental Im act Statement LEIS} establishes, and,the,report
Envar p
f cH2~i Hill carraboratesr that no significant air quality Impacts
0
' e caused b the establishment of this use at this sate. Both
will b y
studies also establish that odors near olive Plaza will
of those
not increase as a result of transit center operations. Conditions
' eventuall im rave due to use, of new buses and cleaner fuels.
will y P
ZS establishes that operation of the transit center at the
The E
site will not cause a noticeable increase in overall sound
proposed
evels. This fact and the fact that interior noise levels at olive
1
Plaza resently exceed HUD standards when the windows are open are
p
eco nized in the Minor report. Both reports establish that
also r g ~ d less than discernable
LTD's cantribut~.on to noose well be small an
o ersons in the surrounding area, but it will contribute to a
t p
-- cuxaulative im act, when combined with the , prod ected
long term p
' ase in traffic noise, so that in the future a discernable
incre
increase in the noise can be expected.
' 'shed that there is a somewhat higher crime rate in
Evidence establi ,
this eneral area and concern was expressed, relative to persons
g ' ~ esent transit station.
that loa.ter~ In the area of the pr
elo meat of this site will mean the removal of 176 surface
The dev p
' aces includin six handicap spaces• This fact was of
park~.ng sp ,
LCC and a sti ulation has been reached with, the
concern ~o ~ P ,
' caale e to mlt~. ate parking impacts . The site is within
community g 9'
kin exam t area meaning that any use on this site
the downtown par g p
would not be required to provide on--site parking.
B. Evaluation
Section 9.702 a : The location, size, design, and
a eratin characteristics of the proposed development
p q with and have rninamal
will be made reasonably -compatible
' m act on the livability or appropriate -development of
ip
abuttin ro ernes and the surrounding neighborhood,
g p' p ~ an scale bulk,
with consideration given to harm y,
coves e and density; to availability ,of public
~g~' ~ affic eneration and the
facilities and utila.ties ~ to tr g
9 - FINDINGS OF HEARINGS ~FFSCIAL (CU 94-3)
ca acity of surrounding streets and alleys; and to other
p
relative impacts of the development.
~~~. This criterion -has consistently been interpreted and is here
inte reted to address off--site impacts of the proposed use. The
tibilit set forth by this criterion
standard of reasonable compa y
is construed to contemp~.ate that a use will have some ~.evel of
' m act on abuttin roperties and the surrounding neighborhood but
~. p g p
the level of im acts must be minimal relative to the reasonable
p
e ectation of accu iers of nearby properties given the zoning and
~ p
the character of the area, including the specifically allowed uses
in the anent zoning districts and activ~,ty that wi~.l normally
p
occur in an area so developed and zoned. The term "minimal Impact"
also reco nines that there will be same impact of uses but ,that the
g
i~a act should be the smallest possible if such a use , is to be
p
allowed with the practical level of operation as a functional use.
The term "livab flit " is construed to mean the expectation, of+a
y
erson reasonably has for healthy safety and general well-being in
p
the context of existin development, the character of an area and
g
o siderin the normal level of activity for the area and
c n g to the area. The issue of
applicable land use laws perta~.ning ,
'vabilit ertains not only to residential uses that might be
11 y p use of surraundin sues
affected but livability far persons mak~.ng g
in their employment or other activities.
'ta ro riate development" as it pertains to abutting
The term pp p
ro ernes and surrounding neighborhood means the future
p p
evelo meat of those uses allowed in the zoning districts of the
d p ,
roundin ro ernes and uses an surrounding properties intended
sun g p p o ernes as contemplated
to be encouraged on these surrounding pr p
by adopted policy documents.
"surroundin nei hborhood" as used in the criterion is
The term g g
' reted in the context of the nature of the proposed use and
interp
the character of an area. In this instance, that term ,ls
' to reted tv mean a radius of one city black around the city
a.n rp is to be located.
black upon which the transit center
' 9.72 a re ices consideration of the location, size,
Section ~ } ~
esi n and o eratin characteristics of the proposed development,
d g, - p g on scale bulk
The size of the proposed facility, considering harm y, r '
overa e will be reasonably compatible with and have minimal
and c g evelo anent of the
impact on the livability and the appropriate d p f
ttin ro erties and the surrounding neighborhood, The facility
abu g p p ,
e f will be a roximately two stories in height, well be
its 1 pp
e a ed after site review pertaining to its design relative to
dev 1 p 'n terms of these
the historic structures in the area. The use, i
acteristics is considerably less than could be developed under
char ,
e C-3 district. There is no height limitation In the C--3
th
' t no front and setback requirement except ,solar
dlstric y er the condlt~ons
requirements and no side yard setbacks. Und
10 - FINDINGS OF HEARINGS OFFICIAL (CU 94-3)
im osed the structure will be much more modest in proportion than
p
buildin s existing in the district or those that might be
many g
built .
esi n of the building is subject to site review with
The d g
e irements that the building appropriately relate in its scale,
r qu
texture of exterior and detail to the existing histaricfbulldings
' the area. External sidewalk improvements are required. and a
In
'led landsca e Ian is required to be submitted and wild. , be
detal p p
subject to site.review._ A condition has been imposed requiring
to treatment to assure the attractiveness of the building to
roof p F tit will be of lesser
surround~.ng bu~.ldings given the fact tha
height than same of the surrounding structures.
e o eratin characteristics of a bus terminal obviously involve
Th p g
s traffic and the resulting sound of the operation of such
bu
e icles. Another o erating characteristic of the use ~.s the odor
vh p
'ated with the diesel buses and the effect of those vehicle
associ
fissions on air ality. An additional. operating characteristic
am ~
is the resence of a relatively high level of human activity.
p
' d that the surrounding streets have the capacity to carry the
I fin
fic associated with the use and in a compatible manner. The
traf
'te is bordered on the north and south by major streets. The EIS
si
' dicates the surrounding streets have the capacity to accommodate
~.n
ic, The onl street close to capacity, Gliver between 10th
traf f y
11th will ex erience a significant reduction ~n bus traffic
and p ~ automobiles due to the
due to the development and some reduction in ,
' at ion o f arkin on the site to be occupied by LTD . With the
ell~zin P g
'o of the 11th Avenue entrance being required to be quid--
locati n
traffic con estion in the area of olive Plaza and the
block, g the relocat~.on of bus
funeral hone to the west will be reduced and ~ ,
' n to an off-street facility designed as a transit station
loads g
will have the effect of improving the traffic situata.on.
' 'vabilit relative to the operating characteristics
The Issue of li y exist In the
must be considered in the context of the uses that ,
onin district whether specified as particu~.ar outright uses in
z ~ ~ ~ at exist le all Presently, an
the da.strlct, ar other uses th g Y ,
- ansit station le ally exists adjacent to a portion of
on street tr g ,
' en wa.thout the existing transit station, a high
this s~.te, Ev
' includin bus traffic, must be contemplated in
level of traffic, g 'al such as 11th
the downtown area and particularly along an arteri
Also art of the context of the downtown area of C~-2
Avenue, p ,
onin and urban development is mare human activity and, to same
z g
extent a hi her of incidence of some crimes than will occur
g
elsewhere in the city. As set forth in the find~.ngs of fact,, no~.se
' 's area are recently high and well increase in the
levels in thy. P
e ardless of whether the use proposed here is allowed.-
future r g
` erin the data submitted, that the increase in the
I find, cans id g not have more
noise related to the transit center operation well
11 - FINDINGS OF HEARINGS OFFICIAL (CU 94-3) --
than a minimal impact on the livability of the area and will be
reasanabl compatible with the abutting properties and the
'Y ' establishes that there will
surraunding neighborhood. The evidence ,
be a incremental increase in sound level but slight enough that ~.t
will liked not be discernible by the human ear. The ~.ncrease in
y
noise also represents minimal impact in the context of other uses
that could be developed on this site including as suggested in the
a licant's rebuttal statement, a multi-story building that would
pp
result in reflecting sound to gl~.ve Plaza with more extreme effects
than the sound associated with this use.
As reco nixed above, sound associated with the transit center
g
to ether with the increase projected in traffic noise will
g
eventuall create a discernible increase in noise of fecta.ng the
Y ~ e evidence establishes that
most sensitive site, Ol~.ve Plaza. Th
noise wi~,l reach undesirable levels at alive Plaza whether or not
the transit center is built, and that center itself will not make
a discernible difference. I have found the impact of the use,at
issue will. be minimal. I have, however, ,imposed a condition
' ternatives~to address the impact that will occur
containing two al
eventuall to alive Plaza. I find, based upon the Minor report
y
that either of these mitigation measures will reduce even long-term
livabilit im act to olive Plaza to a minimal level and well
y P
rovide a means to meet state, c~.ty and HUD requirements .
p
Condition B.2. requiring a design of the LTD facility that bloc s
a direct line of sight and sound tv the first two floors of gl~.ve
Plaza will sufficiently buffer the patio area of olive Plaza and
'~~ ove the livabilit of this portion of the residential use.
~ . imp r y
..
' u on the materials submitted that the
A finding is made based p
~develo went has the ability to meet all applicab~.e City of Eugene
p
and DES noise code requirements . Y construe the cvnd~.tianal. use
' er~ait criteria to not require that federal, state and city
p
re lotions are shown to be met but only that they can be xaet.
Obviously, the development and the operation of the use remains
subject to those laws,
evidence establishes that there will be no significant air
The
alit im acts as a result of construction of this use on this
~ Y p
site, The EIS and the CH2M Hill Studies establish that odors near
41ive Plaza will not increase as a result of the trans~.t center
o erations , There are air quality cans ideratians in the area with
p
the existin uses but allowance of the conditional use w~.ll ,not
g
create a wore than minimal impact and will be reasonably compatib~.e
in the context of existing uses.
With the res ect to the issue of security for residents and users
p• e uses that exist in the
of the area, it must be recognized that th
area are le al uses . The fact is that in the downtown area ~ there
g
o e edestrians and ma be mare persons perceived as security
are m r p Y
' ore s ecific tQ the concerns expressed, it is recogn1zed
risks. M p
~~:~~:~ 12 ~•~ FINDINGS 4F~ HEARINGS OFFICIAL CCU 94-3 } --~
. -.;
that there is an element associated with the mall and, to so~ue
extent the transit center, that are feared and/or disliked by
residents and merchants in the area.
With the design of the proposed facility and the conditions
im osed, I find these will likely decrease the impact the present
P
transit facility has in terms of security or perceived threats to
securit The design of the facility, with required emphasis on
Y
visibility and with users of the facility directed to the center
of the facility rather than the periphery of the block, will have
a ositive impact, . The ~ exterior of the station is required to be
P
well-~lit and designed to discourage loitering ar congregating and
the De art~nent of Public Safety will be involved in addressing
P
further security issues. I find, in this regard, the use will
ositivel affect the abutting proper-ties and surrounding
P Y
neighborhood.
Nearly all discussion pertaining to compatibility and affect an
livability centered on 41ive Plaza. As stated above, the other
ad'acent ro erties and surrounding neighborhood contain a mix of
7 P P
commercial, office and public ar government uses . z f ind that the
transit center will not have more than a minimal impact on the
livability and appropriate development of those uses. The
o erating characteristics of the terminal including traffic, motor
P
vehicle emissions, raise and human activity are common to this and
any downtown area and the contribution of this facility wall have
minimal impact if any at all.
~' I find that allowance of the use will positively affect the
a ra riate develo meat of the surrounding properties. The
PP ~ P se and further
location of the transit center will facilitate the u
development of those properties, including some that are
underdeveloped and vacant, by increasing the attractiveness of the
transit center and encouraging the use of mass transit. The result
is likely to be an increase of business activity in the area. In
reviewin the uses allowed in the C-3 zoning district, there
g
are no uses that will be discouraged by this development of this
site.
There was substantial material submitted and discussion pertaining
the issue of parking mitigation, considering the fact that the
ro osed use will occupy a large area presently used for surface
P P~ ' a o f 17 6 surf ace irking
parking. I do not fled the eliminate n P
s aces b this development to be an operating characteristic of the
P Y
develo meat such that it must be addressed in these findings. A
P ~ Cammunit ~ Colle e, the
stipulat~.on has been arr~.ved at by Lane Y g
a licant and the City of Eugene and that stipulation has been
PP
ado ted. To the extent relevant, I find that compliance with the
.p ~ ~ e loss of s aces by
stipulation will address the impact of th P
development of this site.
Construction noise and impacts were also addressed in the
13 -~ FINDINGS QF HEARINGS OFFICIAL ~ CU 9 4 ~-3 } --
materials. ante again, this is not an operating characteristic of
the development. Conditions have been included because they were
-- agreed to by the applicant.
The criterion requires consideration of specific issues and "other
relevant .impacts" of a~development. I interpret that term to mean
impacts of the nature of those specifically listed that relate to
features and operating characteristics of the use itself.. Here
part~.cularly, where a permitted use in the C--3 district could be
developed. that would not only eliminate, parking on the site but
would have arking needs ~ of its awn that would have to be fulfilled
p
by other parking facilities, the elimination of the surface parking
on the subject site is not a relevant impact.
The effect of construction activity has not previously been
identified as a "relevant impact" and I find that, while it is
desireable to mitigate its effects, it is not a characteristic of
the use itself, therefore, its impact is not required to be
addressed pursuant to EC 9.7 0 ~ ~ a } ..
Section 9.702 b The location, design, and related
features of the proposed development will provide a
convenient and functional living, working, shopping or
civic environment, and will be as attractive as the
nature of the use and its location and setting warrant.
This criterion is interpreted to address evaluation of the use
within the site , as opposed to off -~s~te impacts o f the use . The
i..::~ first part of this criterion relates to the convenience and
:__ . .
~'~~ functionality of the use at the particular location. In the
instance of this application, there is considerably more evidence
of the functionality of the particular location than is usually
available, The existing terminal. operates on alive and 10th
'Streets in an on--street cvnf figuration and the permanent terminal
is proposed as a transit playa bordered by 41ive, 10th, Willamette,
and 11th. The fact that the use has functioned in almost the
identical location for a period of nearly 20 years is a positive
indication of the site's functionality.
The articular location is convenient and functional in that it~is.
p
in~ close roximity to the downtown mall and city center commercial
p
district and the broad range of goads and services found there.
While close to the very center of the city, it has immediate access
to a surrounding system of arterial streets. This renders
immediate access to the transit systems's service area by means of
both east and west arterial streets, llth and 13th Avenues, and
north and south access by means of the oak and Pearl arterial
couplets. This is an important and functional aspect of the
transit districts radial bus service configuration. The location
is found to provide a convenient and function site far a mass
transit station.
~~=~f ~ 14 -FINDINGS Q F HEARINGS o FFLCIAL. ~ CIT 9 4 -~ 3 ~ ---
:.
The desi n of the facility, under the conditions imposed, will
g
rav-ide a convenient and functional working and civic environment.
P
The lan calls for a passenger shelter that extends in a circular
P
attern around ~ the customer service Center and provision f for
P' convenience of users of the facility.
bicycle parking far the
Conditions have been imposed requiring high horizontal visibility
throe h the laza far security purposes far persons using the
g P of the customer. service
facility wa.th all areas being ~n view
center. The exterior of the station is required to . be well lit for
the convenience of the users of the facility. Same of the same
features of desi n wil-1 render the facility a convenient and
g
functional. workin environment, allowing employees to readily
g
supervise use of the transit center.
The customer service center will provide ~.ndovr seating for about
5D eo le, a sales and information counter, information phones,
P P
work stations, public restrooms, employee restrooms, an employee
lour e and room . far other support activities. The amenities will
g r ~ and functianalit of the use
further contribute to the convenience Y
for both employees and patrons.
The desi n of the transit plaza with its circular shelter and 20
g
bus bas around the perimeter will allow buses to leave the
• y e the transit center Havre
fac~il~.ty without backing up and well m,ak
user friendl ~rticularly far persons transferring from one bus
Y~ P
to another. The conce teal design submitted is attractive and,is
P
a roved with conditions that require further review of landscaping
PP
around the erimeter site and compatibility with the exista.ng
P
'storicai structures in the area. Additionally, direction is
h~
iven cvncernin external sidewalk improvements, pavement
g g condition has also
materials, and selection of street furniture. A
been im osed re icing rooftop treatment to assure, along with the
P ~• e as attractive as
other design requirements, that the use well b
its nature, location and setting warrant.
e nature of this use re Tres a structure of considerable size
Th ~
and one with edestrian access, as well as access far the buses,
P ~ vended b ca~amerc~.al,
The location and setting proposed is one surr y
office and a twelve-story residential use. This setting warrants
a facil~.t that will be convenient and functional and reasonab y
• Y ~ desi n sub'ect to the
attractive in this context. The proposed .g 7
conditions im aced will assure an appropriately attractive facility
P ,
will be developed at this location.
Section _9_. 7 ~ ~ c The proposed development will be
consistent with applicable adapted neighborhood
refinement laps, special area studies, and functional
P
plans.
e Eu ene Downtown Plan is the applicable neighborhood ref~.nement
Th g h below I f ~.nd
plan for the area of this proposal. As set fort ,
'on of the mass transit station is consistent with
that the locate
15 - FINDINGS QF HEARINGS aFFIGIAL CCU 94~3~ --
the Downtown Plan. I da not find, however, that the Goals or
zau lementation Strategies of the Downtown Plan are .applicable
p conditional use ermit. Goals are
criteria for the approval. of a P
4 ~'~ . to be broad statements of philosophy and
~. sold by the plan
im lamentation strategies are said to be ideas on haw to implement
p
the olicies but are not adapted by the City Council. See page 9}
p
The plan states with regard to Policies:
"Policies provide the basis far consistent action to move
a community toward its goals. Policies are adopted by
the City Council. These policies will be used to
evaluate actions relative to downtown such as zone
chap es traffic pattern changes, and capital
g r ~~ Plan
improvements. Page 9, Downtown }
Unlike the statements of many refinement plans and special studies;
this lan ua a does indicate the intent that these policies be
~' g
criteria fora royal of individual. land use applications.
Pp
z find that ranting of the conditional use permit far the mass
g
transit station is consistent with Pola.cy 3 at page 26 of the plan.
That policy states:
"Continue efforts to aggressively promote access to and
circulation within the downtown by bicycles, mass
transit, walking, carpooling, and other alternative modes
.. -. of transportation. " .
'~~~ e establishment of a ermanent, attractive and well functioning
Th p
mass transit Centex in downtown is consistent with this policy.
Palic 8 at page l5 of the Downtown Plan provides:
y
"Provide the hi hest passible degree of physical security
g
for the downtown area, recognizing its multi-use
character. Security measures must address urban design,
o~lice resource deployment, and public education and
p
awareness, "
n a e of this olic it is a statement of an aspiration
By the la gu g P Y
the lan. To the extent that it can be viewed as a standard,
of
p' the transit center addresses
the conditional use per~ait to allow
the matter of security for the area of this transit center. As
reviousl discussed, the open nature of the center will ,allow
P • ~• 's ravision far lighting on
policing within the facility. There i p
the exterior and a specific condition has been imposed requiring
further consultation pertaining to issues of security.
Polic 1~ on a e 16} of the Downtown Plan, by its• terms,
y ~ p g es .dent ial
"encoura es" production and conservation housing and r
g
ices and. does not set forth a standard for approval of
support sere
16 -~ FINDINGS of HEARINGS C F F I C IAL t CU 9 4 --3 ~ --
a particular .and use application.
Pvlic 8 of the Downtown as Commercial Center, Destination Point,
~. y~ Plan states the olio of
r . ~ and Neighborhood portion of the Downtown p Y
t. ~ ~ ~ the City to "provide the highest degree of physical security far
the downtown area" and that '{security measures must be address
urban design, police resource deployment, and public education and
awareness , " This is a general direction to city govern~aent rather
than a standard that is in all aspects relevant to a particular
land use application. The use here addresses security in terms of
deli n of the facility and com~aunication with the city pertaining
g
to security issues.
In determining the issue of approval of a mass transit center, the
Eu ene-~Springf a.eld Metropolitan Area Transportation Plan
g
~TransPlan~ is not irrelevant but does not contain goals,
ab'ectives or policies relevant to this proposal that are intended
7
as a royal criteria for particular land use applications . As the
pp
statement of purpose .f or the TransPlan begins:
"The Eu ene-~S rin field Metro olitan Area Trans ortation
Plan ~TransPlan~ is designed to serve as the Eugene--
Springfield Metropolitan Area's long--range transportation
plan. TransPlan addresses the principal modes of
transportation use for travel within the metropolitan
area including autos, buses, bicycles and walking..."
Generally, the goals, policies ar objectives are stated in such a
~~::~'. manner as to not indicate an intent to set standards far approval
~~~~~~ of a articular use. As stated at page 4 of the TransPlan:
P
"The objectives and policies proposed below are designed
to support the goals from the Metropolitan Plan and to
hel attain the transit and alternative mode assumptions
.p ~ ~ «
discussed elsewhere in this report.
The olicies and objectives contained in the TransPlan are general
p eats and their Tanning
in nature, are largely directed tv gavernm P
activities and many contain aspirational language.
zt is noted that while generally the language of the TransPlan does
not su est that goals, objectives or policies are applicable to
gg b the Tan a e of the
particular land use applicata.ons, some, y gu g
individual policy, can be construed to be a standard far a
articular devela meat. Such was found to be the case pertaining
p p e 18 Or LUBA 13 5
to one standard in Stoner vs. Clt of Eu en ,
1989. I find Wane of the policy statements in the TransPlan
~ }
relevant to the issue at hand to be standards for approval here.
As aimed out b the staff, certainly the location of the transit
p, y ~ ative Modes Element
station as proposed is consistent with Altern
Policy 8 of the TransP~lan which states:
..~~-:~ 17 ~- FINDINGS GF HEARINGS OFFICIAL ~~7 9~-3 } --
t_
"Retain a central transit station in downtown Eugene that
is located and designed to meet the needs of bus riders
and which operates safely and efficiently."
while this does not set a standard for the land use application,
the a royal of the ermit is consistent with this general policy.
PP p
The ro osed facilit is generally consistent with the number of
p p• Y •
the as irat~onal goals, ob]ectives and policies of the Urban
p . .
Renewal Plan, the Downtown Plan, the Central Area Transportation
Stud and the TRIP to the extent the approval of the central
Y • • of mass transit over auto~aobile
transit facility well encourage use
trans ortation modes . It was contended that the TRYP requirements
p
were not met b the application but approval of the conditional use
Y
ermit is sub•ect to the TRIP code amendments as they were adopted
p ~
by the City Council.
I find that the, roposed development will. be consistent with the
P
a licable revisions of the neighborhood refinement plan and
pP P
applicable special area studies and functional plans.
Section 9.74 d The proposed development will be
consistent with the Metropolitan Area General. Plan 1~
a licable land use reference, Z ~ text related to the
pP
development, and 3} specific elements related to the
development.
~~..~ he Metro Plan Dia ram designates this site as part of the Major
T g
''~f Retail Center of downtown Eugene. The City of Eugene C~-3 Ma] or
Commercial District zoning district of which this site is a part
is consistent with that Metro Plan designation. The development
is therefore consistent with the Metro Plan Diagram•in that bus
y e, finals are allowable as conditional uses in this district.
t r~
Man of the owls, policies and objectives of the Metro Plan are
Y g
not a royal criteria fora conditional use permit. The Metro Plan
• pp ~~ statement of hilosophy that
Itself describes a goal as abroad p
describes the ho es of the people of the community for the future
p
of the comxaunit . " An "objective" is an attainable target that the
Y
com~nunit attem is to reach in striving to meet a goal . " The Metro
Y p
Plan defines a " olio " as "a statement adopted as part the Plan
p Y •
to rovide a consistent course of action, moving the community
p
owards attainment of its goals." This language does not suggest
t
that enerall the vals, objectives and policies of the Metro Plan
g Y g
are intended to be applied as standards.
Cne alic cited b the planning staff that can be construed as a
P Y y •
standard far an a lication such as that presented here is Policy
pp •
the Environmental Desl n Ele~aent of the Metro Plan. That
4 of g
policy states:
18 - FINDINGS OF HEARINGS OFFICIAL (CII 94-3) __
~'Pub~.ic and private facilities shall be designed and
located in a manner that preserves and enhances
desireable features of local and neighborhood areas and
,..
~ ~.. promotes their sense of identity."
Conditions have been ~impased herein to particularly address the
desi n of this public facility to cause it to appropriately relate
q
to the historic buildings in the immediate vicinity consistent with
this policy.
Pvlic 33 of the Environmental Resources Element of the Metro Plan
Y
states a standard far design of transit facilities:
"Desi n of new street, highway, and transit facilities
g
shall consider noise mitigation measures where
appropriate,"
Oise miti ation measures were considered in the design of this
N q
facilit and conditions imposed requiring implementation of
Y
mitigation measures.
The remainin language of the Metro Plan cited in apposition to the
g
re ested conditional use permit involves goals, objectives and
~ ~ in nature. These Include
policies which are aspirational
objectives and policies of the Residential Land Use and Housing
J
Element of the Metro Plan that are cited as being contrary to
a royal of this use. These generally are objectives,-palicies,ar
pp
Dols of an as irational nature intended tv encourage residential
g p
develo went. Obje-dive 5, included in those cited, does state a
P
poss~.ble standard. That objective provides:
"Protect existing and proposed residential areas from
conflicting nonresidential land uses while providing far
com atible and functional mixed~-use development
p . ~ t~
~ resldent~,al and nonres~.dentlal } .
As with other onions of the Residential Element of the Metro Flan
P
cited b v Qnents, the opponents raa~e the assumption that the
~', pp or conf 1 icts with the.
lacatlon of the use is ~.nconsistent with
residential use. The findings herein are to the contrary. Also,
' t is noted that the area proposed for this development is not 14 a
residential area's within the normal meaning of that term and as
that term is construed here. The policy, therefore, is not
applicable.
a licant's initial statement contains a number of goals and
The, pp
olicles of the Metro Plan with which the location of this use
P
under the conditions im osed and at this site is consistent. I do
p
of construe those statements of policy to be criteria or standards
n
for approval here, however.
19 -- FINDINGS OF HEARINGS OFFICIAL CCU 94--3 } --
The proposed development is consistent with all applicable aspects
of the Metro P~.an.
J`WS : l rb
Res ectfu~.ly submitted,
a
~'LJ
Ja es W. Spice an
Hearings Offi~ ial
~~~ 2 ~ ~-~ FINDINGS t~F HEARINGS OFFICIAL ~ CU 94-3 } --~
..C
..~
Y
FINDINGS GF HEARINGS OFFICIAL
,-
~.
,,
~~~ ~~ Lane Transit District ~MD 95-8~
Tax Lats 2000, 2100, 2200, 2300, 2400, and 2500 and a portion of
1900--Assessor's Map 17~-03~-31-1 3
Located in the City black bounded by 10th and l~.th Avenues and
Willamette and Olive Streets.
Requests major modification to the Hearings Of f icial ~ s approval. of
a Conditional Use Permit allowing a bus terminal in the C--3 Major
Commercial District. The modification involves adding an optional ,
alternative mitigation measure to the existing mitigation plan
concerning the loss of surface parking. The new alternative would
involve a parking struc±ure at the coLz~er of i0 to and Feari.
Applicant: Lane Transit District
The following findings of fact and conclusions of law are based
upon testimony presented at the public hearing of August 23, 1995
and materials and documents submitted and made a part of the
Planning Department file through the close of the record,
DECISION DATE: September 1, 1995
'- APPEAL DEADLINE: September ll, 1995
.:.~
GoNCLUSION: The decision of July 14, 1994 as amended by the
findings of July 25, 1994 granting approval of a conditional use
permit for the LTD proposed transit station is amended with regard
to Section "E Parking" of those findings. Subparagraphs 1, 2 and
3 of that Section are modified to read as follows:
1. The conditional use permit for the proposed transit
station shall be conditioned upon
~ a ~ the contribution. o f $1.8 mill. ion by LTD for
Overpack expansion as more particularly
described and set forth in the letter dated
April 12, 1994, to Jerry Moskus, President,
Lane Community College, from Abe Farkas,
Planning & Development Director, City of Eugene
copy attached as Exhibit "B"~; or
~b~ The contribution of $l.8 million by LTD for a
new City--awned parking structure at the
southwest corner of 10th Avenue and Pearl
Street, providing approximately 240 new public
structured parking spaces and approximately 30
1 -- FINDINGS GF HEARINGS OFFICIAL ~MD 95-~8~
C:1JWSIFI~II}I~GS~MD 95-8 (JUS:dap}
new private public structured parking spaces
--~ on a site currently providing 84 surface
~.:~..:..: parking spaces, and developed in conjunction
with a new private parking structure on the
northwest corner of 10th and Pearl,
substantially as described in the February 8,
1995 Eugene City Council/Urban Renewal Agency
item summary entitled "LTD Parking Mitigation -~
overpack/Pearl Street options,"
2. In the event that parking spaces contemplated by the
Overpack expansion or the alternative 10th and Pearl
mitigation option are not available at the time that 25%
or more of the 176 surface parking spaces become
unavailable for use by students attending the Lane
Community College Downtown Center, then and in that event
LTD will provide alternative access until such time as
the parking spaces become available, Such alternative
access may include but is not limited to park and rides,
special routes, and any other mechanisms which facilitate
student access to the Lane Community College Downtown
Center.
3. It is understood that fulfillment of this condition is
dependent upon additional federal mitigation funding and upon
the City's fulfillment of its commitments as expressed in the
April 12, 1994 letter agreement and in the June, 1995 letter
from Mr. Farkas to Mr. Moskus attached hereto as Exhibit
~E "}. Accordingly, in the event the parking mitigation
options are frustrated far any reason, LTD shall have the
right to request removal ar alteration of the subject
condition. Any such alteration shall be classified as a
"major modification" of the permit and shall require a full
hearing at which LCC shall be entitled to raise any issues of
compatibility and adverse impact related to parking removal
that it might have raised at the original CUP hearing.
DI~CC~SSI~N AND FINDINGS
A. F~.ndin s of Fact
At the tir.~e of the original conditional use permit hearing, it was
the intent of the City to mitigate the loss~of.parking created,by
the development of the LTD transit station by increasing the size
of the Overpack parking garage. Since that time, a new parking
structure complex has been approved for development, consisting of
two arter--block structures located on the west side of Pearl
Street vn bath sides of 10th Avenue. This parking scheme is
intended to be in lieu of an expansion of the overpack. The use
2 ~-- FINDINGS OF HEARINGS OFFICIAL ~MD~ 9.5-8}
~:1,luS1~i~DIhiGS~MD ~S-8 (~uS:dap~
of this new parking structure at loth and Pearl to fulfill the
parking mitigation needs far Lane Community College has been
approved by the City Council and LCC and LTD have concurred.
Construction of the new public. facility will enable the
simultaneous construction of a similar privately-~owned parking
structure across the street at the northwest corner of 14th and
Pearl. The two new structures w~.ll divert parking demand from the
overpark, thereby freeing up spaces in the overpark to mitigate the
loss of surface parking at the terminal site.
B. Evaluation
Modification of a conditional use permit approval requires a
finding that the modification meets the applicable criteria of
Section 9.702 of the Eugene Code.
Those criteria are:
Sect~.on 9.702 a The location, size, design, and
operating characteristics of the proposed development
are such that it can be made reasonably compatible with
and have minimal impact on the livability or the
appxapriate development of abutting properties and the
surrounding neighborhood, with consideration to be given
to harmony in sca~.e, bulk, coverage, and density; to the
availability of public facilities and utilities; to the
generation of traffic and the capacity of surrounding
stzeets, and to other relevant impacts of the
development.
Section _9_._702~b~ : The location, design, and related
features of the proposed development will provide a
convenient and functional living, working, shopping or
civic environment, and will be as attractive as the
nature of the use and its location and setting warrant.
Section 9.702 ~c~: The proposed ~ development will be
consistent with applicable adopted neighborhood
refinement plans, special area studies, and functional
plans.
S,ect,ion ___9.7o2_~d~_: The proposed development will be
consistent with the Metropolitan Area General. Plan 1}
applicable land use references; 2} text related to the
development, and 3} specific elements related to the
development.
The findings on each criteria remain unaltered by the modif i.cation
request. As stated above, the proposed alternative parking
3 -- FINDYNGS QF HEARINGS QFFICIAL ~MD 95.8 ~
C: ~,~uS~~II~DIHGSIMD 95-$ tJUS:dap}
mitigation measure will provide at least as much mitigation for
~-~~ parking lass due to development of the transit center as the
.,.~... .
c parking contemplated in an expanded overpark. The findings of ~"uly
14, 1994 as amended are incorporated by reference.
Res~ectfullY submitted,
r~
~r
1
Ja s W. 5~
Hearings of
Jws:dap
4 -- FINDINGS o.F HEARINGS oFFICIAL ~MD 95--5 ~
C:IJUS~~IKD~~(GS1MD 9~-$ ~JUS:dap)
i tl
e
~4
Il~ITER~~vERNMENTAL AGREEMENT
BETWEEN: The Urban Renewal Agency of the City of Eugene ~"Agency"}
AND: ~ The City of Eugene, an Oregon Municipal Corporation ~"City"}
AND: Lane Transit District, an Oregon mass transit district ~"LTD"}
DATE: February 14 , 19 9 6 , 199b ~"Effective Date"}
date of last signature affixed hereta~
RECITALS
A, LTD is a municipal corporation of the State of Orega.n, and a public body., corporate anal
polltlc, exercising public power ~ORS.2b7.20J}. It is a mass transit district organized pursuant
to ORS Chapter 2b7 for the "primary purpose of providing a mass transit system for the people
of the district" FORS 267.80}. LTD is authorized under CRS 2b7.200~8} to enter into contracts
with "units of local government." City and Agency are such units under CRS 190.003. LTD
is also considered a "unit of local government" for the purpose of this contractual authority
FORS 2b7.2130} . CRS I94, 410 also autharizes units of local government to enter into
intergovernmental. agreements. Agency, City and LTD, therefore, are entitled to act jointly and
in cooperation with each other to provide mass transit services to areas under then joint and
several jurisdiction. ..
B. LTD has received a conditional use permit C.U. 94-3} with a fugal. decision date of July
25, 1994 anal a major modification to the conditional use permit decision date of January 8, ..
199b, which allows a bus terminal thereafter "Station"} in the C-3 major commercial district,
upon certain terms and conditions.
C, To construct the Station, LTD is using its awn funds, but also has been granted assistance
by the Federal Transit Authority ~"FTA"} EFTA Grant Na. OR 03-0045}, for the' acquisition of
real property, the functional replacement. of downtown parking, and the construction of the
Station. The funds are subject to certain terms and conditions under 49 USC § 1509. By the
execution hereof, each pledges good faith and cooperation ~to ensure that those funds are in fact
obtained, and when obtained, to utilize those funds in accordance with the covenants required
by the FTA.
D. Agency desires . to sell and LTD desires to purchase the real property .located at the
Northwest corner of 11th Avenue and Willamette Street, and the Southeast corner of 10th
Avenue and Olive Sheet, in Eugene, Lane County, Oregon.
E. The parties hereto acl~nowledge an efftcient, safe and attractive mass transit system is
desirable in areas under then jurisdictions, that.. the. construction, of a mass. transit. sta~on ins
Downtown Eugene the Sta~on} fi~rthers that objective, that constn~ction of the Station,.. together
with the most effective use of public ownership, is the object of this Agreement, and that all ~ are
committed to cooperate in fulfilling that objective.
Fage 1- INTERGGvERNMENTAL AGREEMENT
AGREEMENT
Now, therefore, in consideration of the foregoing Recitals, which by this reference are
incorporated herein as if set forth in full, and of the mutual covenants, conditions and obligations
on the part of each party to be kept and performed, it is hereby agreed as follows:
1, Land Purchase. LTD hereby agrees to purchase from Agency., and Agency agrees to
sell to LTD, the Property consisting of the two quarter blocks located at the Northwest corner
of 11th Avenue and Willamette Street, and the Southeast corner of 10th Avenue and Clive
Street, in Eu ene, Lane County, Oregon ~"Property"} for construction and operation of a main,
g
downtown Eugene transit station ~"Stations}. The Property is described as Lots 2, 3, 5 and 8,
Block 16, Mulligan's donation to Lane County, as platted and recorded in Book ~A}, Page 122,
Lane County Oregon Deed Records in Lane County, Oregon, iden~fied as Map 17-~3-3 i-13,
Lane County Assessors Off ce Tax Lots 2004, 2100, 23(10, 2404 and 2500.
Z. Purchase Price. The purchase price for the Property shall be SEVEN HUNDRED TEN
THOUSAND DOLLARS ~~710,040}. The purchase price shall be paid by LTD to Agency upon
the Closing Date.
3. Closing. Close of escraw ~"Closing Date"} shall take place at the off ces of Evergreen
Land Title Company, 1574 Mohawk Boulevard, Springfield, Oregon, within thirty X30} days
subsequent to the Effective Date of this Agreement. The escrow fees, as well as documentary
or transfer taxes, shall be divided equally and aone-half ~~i~} share shall be paid by each party.
4. Title Insurance. Agency shall provide LTD with a standard owner's policy of title
insurance in the amount of the. purchase price for the Property, insuring title in the name of
LTD, upon close of escraw. ,
4.1 Upon execution of this Agreement, Agency shall order a separate updated
pre ' title report prepared by a reputable title insurance company and the transaction may
be closed on the basis of a preliminary title report prepared by a reputable title insurance
company in order that the policy of title insurance is furnished in ownership form. .
~;
5. Covenants. Agency, City and LTD covenant as follows:
5.1 LTD agrees to use the Property incompliance with the Urban Renewal Plan far the
Central Eugene. Project ~"Plan"} as long as the Plan is in effect. 'This covenant shall run with
the land. Cn or before the Closing Date, LTD shall execute such document or documents in
recordable form that Agency may require to make this covenant a matter of record with Lane
County Deeds and Records.
5.2 LTD, provided that the alleys are vacated ar otherwise available for construction,
agrees tv commence. construction of the. Station improvements not later. tha~a ranuary 1, 1997,........._ M, . ~ ... ,
and thereafter dill entl ~ rasecute construcfon of the Station until its completion. ~~,
g yP .
5.3 LTD agrees to submit to the Agency, upon Agency's request, a copy of plans and
specifications for the Station improvements on the Property at the same tame the plans are
Page 2 - INTERGOVERNMENTAL AGREEMENT
':~ ,r •d~
submitted for approval to City. Such plans and specifications shall be reviewed by Agency for
compliance with the Plan. LTD shall further provide Agency with copies of all documents
received or produced by LTD which in any way relate to the feasibility of the construction or
operation of the Station within three ~3} days of LTD's receipt or production.
5.4 LTD agrees to reconvey the Property, free of encumbrances suffered or created by
LTD, in the event the requirements of Paragraphs S .2 and 5.3 are not satisfied, and in the event
Agency requests reconveyance. -The agreement to reconvey shall include provision for payment
by Agency to LTD of an amount equal to the Fair Market Value consistent with FTA
regulations} of the Prapert~r at the time of reconveyance. For purposes of reconveyance, Fair
Market Value of the Property shall be as established by the same appraiser who established the
original purchase price hereunder, or in the event of impossibility thereof, the repurchase price
shall be established by arbitration conducted in accordance with the rules ai the American
Arbitration Association. In the event of arbitration, LTD and Agency shall each pay one-half
~I/~} of the fees and costs of the Association dnd the arbitrator. 0n or before the Closing Date,
LTD shall execute such document or documents in recordable form that Agency may require to
make this covenant a matter of record with Lane County Deeds, and Records.
5.4.1 LTD shall provide Agency the first right to purchase the Property at such
time as LTD decides to sell the Property. ~n the event LTD makes such a deternc~ination to sell
the Property, it shall give Agency written notification of LTD's safe decision and Agency shall
have sixty ~~0} days after receiving notification of LTD's intent to sell to inform LTD as to
whether or not Agency intends to purchase the Property. Should Agency choose to purchase the
Property, the purchase price shall be equal its Fair Market Value, as determined in accordance
with the provisions of Paragraph 5.4. Cn or before the Closing Date, LTD shall execute such.
document or documents in recordable farm that Agency may require to make this covenant a
matter of record with Lane County Deeds and Records.
5.5 LTD agrees to provide, in addition to the $71o,~0a purchase price for the property,
~a} SEVEN HUNDRED STY-THREE THOUSAND DOLLARS ~$7b3,04o}for replacement
parking ~n Garage Project"}, and fib} Surface Transportation Project ~"STP "} funds to the City
or Agency in the amount of TwO HUNDRED FORTY-TwD THOUSAND DOLLARS
~$242,o~a}, which the City ar Agency will convert, not later than June 3a, 199G, to gas tax
funds in the amount of TwO HUNDRED TWENTY-SEVEN THOUSAND DOLLARS
5.5.1 LTD's obligation to provide the SEVEN HUNDRED SLATY-THREE
THOUSAND DOLLARS ~$?63,40} in replacement parking funds is conditioned upon ~a} the
completion of the Garage Project, fib} the elimination of surface parking at the Station site, ~c}
commencement of construction of the Station and ~d} LTD having reasonable expectation that
a f"~nal building permit for station construction will be issued by City. Commencement of
construction of the Station shall be defrned as when the Hammer Building is demolished and
LTD determines that the Sta~.an site: is - suitable far construction to begin. - ..,.-,=: ~ :. ~ ,'_
5.5.1.1 ~n the event LTD does not construct the Station, LTD nevertheless
agrees to support and advocate in favor of the ~ transfer of THREE HUNDRED THOUSAND
DOLLARS ~$3a4,4oa} in STP funds to the City far street improvement use. These street
Page 3 -INTERGOVERNMENTAL AGREEMENT
im rovement funds shall be used for street improvements which in some manner benefit tiransit.
P
S.S.1,Z In the event LTD does not construct the Station, LTD further
agrees to undertake an extensive renovation of the 10th Avenue bus area which would include
new pavement, improved sidewalk treatment, new shelters, additional passenger amenities and
improved lighting along the entire tburee ~3} block length of the Corridor. Such improvements
shall be made in compliance with all federal, state and local Laws and regulations.
5.5,Z The Project Completion Date is defined as the date upon which the Garage
Project architect of record issues a Certifncate of Completion and Agency indicates its acceptance-
of the improvements, subject to the provisions of the construction and acquisition agreements
between Agency and Charles Pankow Binders, Ltd. ~"Garage Project Contracts{'}.
5.5.3 The property described in Paragraph 1 is presently being utilized for
parking. LTD has applied for and received conditional approval for funds under Grant No. OR-
03-0045 to be utilized for structured functional replacement parking. LTD is required, in order
to obtain Chase funds, to enter into an intergovernmental agreement with the City of Eugene for
the functional replacement parking portion of the project.
5.5.3.1 LTD acknowledges that City has been negotiating with Pankow
Construction for a Garage Project and that LTD has signed off on the FTA required items to be
included in the Parking Mitigation Sales-Purchase Agreement by way of a letter from Jerry Gill
to Jeanette Bailor dated January 9, 1996 signed by both. City further acknowledges that LTD's
requirements for the utilization of the funds to be paid hereunder is that those funds be dedicated
to replacement parking within two blocks of the Station site, with it a ZO-year use requirement.
for 1?6 public parking spaces, and utilizing FTA regula~ons set forth in the Bailor sign~off
referenced above.
5.5.4 Agency and City acknowledge that the project funds provided by LTD to
A enc and Ci are derived from an FTA grant referenced above, entered into between FTA
g Y tY
and LTD, which provides that the Federal Government retains a continuing interest in the
structures, a ui ment and other facilities acquired ar constructed through use . of such federal
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funds. Agency and City fi~rther acknowledge the continuing control provisions, as such
provisions are included within 49 USC § 16o2~a}~Z}~A}~u}, and within the grant agreement .
between FTA and LTD . The City agrees to cooperate with LTD's Purchasing Agent's
reasonable monitoring of the performance of City's construction contractor, at least to the extent
such monitorin is conducted to reassure LTD of federal standards compliance for this project,
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including those regarding sources of materials and payment of prevailing wages. The City
agrees, by the execution hereof, that no more than one hundred seventy-six ~1?6} func~onal
replacement parking spaces shall be reimbursed from FTA project resources and. that no
additional betterments are eligible, and that such space shoo remain, available for public parking.
for the Life of the project. ~ .
. ~ : ~ ~ ~~ ~ 5.5.4.1 City further cvvena~ats and. agrees,. to be~.eligiblet for the funda:~set:.
forth in Paragraph 5.5.3 , that ~a} Agency and City agree to take no action which would interfere
with the use of this structure as a parking facility for the life of the project, a period of twenty
ZQ ears • and ETA's interest in the parking stnucture may not. be assigned or transferred
C ~ y ~~
Page 4 - nNTERG~VERNMENTAL AGREEMENT
,~~
without FTA's concurrence, and City agrees to place these covenants ~a} and fib} of record on
the title to the real property coincidentally with funding, Agency and City agree to comply with
the FTA requirements described in 5.5.3. ~ for the pardon of the project that is directly using
FTA funds .
5.5.4.2. Nothing in this Agreement shall be construed or interpreted in. a
manner which is or would be inconsistent with any laws, rules, orders, ordinances, directions,
regulations or requirements of federal, state, county or municipal authorities.
5.6 LTD agrees to seek alley vacation approval from the City of Eugene.
5.6.1 LTD agrees to purchase from Agency or City the area of the alleys to
which Agency would acquire title at the time the alleys are vacated. The purchase price shall
be an amount equal to the fair market ~ value, currently estimated at approxunately ONE
HUNDRED THOUSAND DOLLARS ~$100,~00}, as established by the City Council at the time
that the Council considers the alley vacation.
5.6.2 LTD's obligation under Paragraph 5.5 to pay SEVEN HUNDRED S1XTY-
T`H'REE THOUSAND DOLLARS x$763,000} is premised upon the parties' belief that the City
Council will require LTD to pay to the City for the alleys the sum of QNE HUNDRED
THOUSAND DOLLARS x$100,000}. In the event that LTD pays less than ONE HUNDRED
THOUSAND DOLLARS x$100,000}, then the SEVEN HUNDRED SIXTY-THREE
THOUSAND DOLLARS ~ x$763,040} shall be increased by the difference between ONE
HUNDRED THOUSAND DOLLARS x$100,000} and the amount LTD pays for the alleys. In
the event that LTD pays more than ONE HUNDRED THOUSAND DOLLARS x$140,400},then
the SEVEN HUNDRED SIXTY-THREE THOUSAND DOLLARS x$763,000} shall be
decreased by the difference between ONE HUNDRED THOUSAND DOLLARS x$140,000}and
the amount LTD pays for the alleys. In the event that LTD is~ unable ~ to have the alleys vacated,
then the amount of LTD's obligation under Paragraph 5.5 shall be EIGHT HUNDRED SIXTY-
THREETHOUSAND DOLLARS ~$$~~ , ~~ .
5.6.3 If LTD demonstrates to the City's satisfac~on that LTD is unable to secure
the legally required consent of adjacent property owners to initiate vacation of the alleys, City
agrees tv .initiate vacatian. proceedings or to discuss with LTD other possible mechanisms for
addressing LTD's needs related to the alley space.
5.'T LTD agrees to a future contribution of ONE HUNDRED FIFTY THOUSAND
DOLLARS x$154,000} in STP funds, or such other funding sources designated by LTD, far the
Toth Avenue Corrmdor Project. LTD's obligation under this Paragraph 5.$ is conditioned upon
City providing matching funds.
5.8 LTD agrees to make a good faith effort to increase site density at such time as
substantial remade ~ of the Sta~.on occurs. - .. :: ~ ~ ~.. :, ~ ..a.- -~ a,-..:~.;~ -
~~ 'T• ..
5.9 LTD agrees to consider in good faith the City's acquisition of an option to
purchase and. develop LTD's air rights over the northwest corner of the. site, taking into
consideration LTD's needs and purposes for the site and the City's interest in civic development
Page 5 - INTERCrG'VERNMENTAL AGREEMENT
,,~~~~
of the adjacent area.
6. Notices. All notices required or permitted to be given shall be in writing and shall be
deemed given and received upon personal service or deposit in the United States Mail, certified
or registered mail, postage prepaid, return receipt requested, addressed as follows:
To Agency: Linda H. Norris
Director
Eugene City Hall
777 Pearl St., Rm.. l45
Eugene, ~R 97441
To City: ~ Linda H. Norris
City Manager pro tern
Eugene City Hall
777 Pearl St. , Rm. Io5
Eugene, CR 97441
To LTD: Lane Transit District
Phyllis Loobey
P. C. Bax 7474
Eugene, CR 97401
The foregoing addresses may be changed by written notice, given in the same manner. Notice
given in any manner other tb~an the manner set forth above shall be effective when received by
the party far whom it is intended.
7. Representations. LTD agrees that it acquires the Property "As Is." In making and
executing this Agreement, and in closing this transaction, LTD has not relied upon or been
induced by and will not rely upon or be induced by any statements or representations by Agency
or City or any agent of Agency or City with respect to the physical condition of the Property,
including any environmental conditions or hazardous substances or materials present on or below
the surface of the Property or of any other mater affecting or relating to the physical condition
of the property or the corners or boundaries thereof, The provisions of this Paragraph 7 bar all
claims of LTD against Agency or City concerning the condition of the Property. Effective at
closing, LTD waives, releases and forever discharges Agency or City and any person acting on
behalf of Agency or City, of and from any and all claims, actions, causes of action, damages,
costs direct or indirect, known or unknown, foreseen or unforeseen, which may arise on account
of or in any way growing out of or in connection with any physical characteristic or condition
of the Property, including without limitation any sub-surface condition or hazardous substance
or material on, under or related to the Property or any law or regulation applicable thereto.
This waiver shall incline, without limitatran, any claim .based on. 42 USC Section 9b01 et seq.
~CERCLA~, SRS ~ 4b5.ZOO et seq., and any other federal, state vr. local law or regulation
. addressing environmental Taws. ~~ .~.. .. -~ . ~ ... .. .
7.1 LTD makes the representations contained in this Paragraph 7 after making its own
examination and inspections of the Property.
Page 6 - INTERGGVERNMENTAL AGREEMENT
b
S. Access. Agency grants to LTD anal its agents the right to enter the Property at any
reasonable time prior to the Closing Date for the purpose of conducting tests for studies that
LTD may deem necessary or appropriate in connection with its acquisition of the Property.
Agency shall cooperate with LTD in making such tests and studies. No sail tests or drilling
shall be undertaken without first obtaining Agency's approval with respect to the contractors
retained to perform such work and the location and purchase of the tests ar drilling. work
erfarmed on the site by LTD shall be coordinated to create as little interference as possible with
P
the current use of the Property- for parking. LTD shall protect, defend and hold Agency and
City, its officers, agents and employees, harmless from any loss, liability, damage andfor injury
to ersons or property arising out of or related to LTD's activities on the Property, and pay ail
P
costs, including attorneys fees set by the court, at trial, on appeal or review. After canduct~ng
its tests, LTD shall restore the Property to the condition existing prior to the tests.
9. Deed. At closing, Agency shall deliver to LTD a statutory special warranty deed,
conveying the Property to LTD, free and clear of encumbrances suffered or created by Agency,
Bice t items created ar suffered by Agency that are disclosed an the preluninary title report,
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previously provided to and approved by LTD.
10. Possession. LTD is entitled to possession of the Property immediately upon closing.
11. Taxes. The Property is currently exempt from real property taxes; there will be no need
for proration of real property taxes at closing.
12. Sur~va~. All representations, covenants, indemnities and warranties contained in this
A Bement shall be true on and as of the Closing date with the same farce and effect as though
~'
made on and as of the Closing Date, and shall survive closing, delivery of the deed, and not be
merged into any documents delivered at closing.
13. Compliance with Law. LTD shall comply with all laws, rules, orders, ordinances,
directions, re lotions and requirements of federal, state, county and municipal authorities
pertaining to LTD's use of the Propert~r. .
14. Binding EffectlAssignment Restx`icted• This Agreement is binding on and will inure
to the benefit of Agency, City, LTD, and their respective heirs, legal representatives,
successors, and assigns. Nevertheless, LTD shall not assign its rights under this Agreement
without Agency's prior written consent, which Agency may withhold in the exercise of its sole
unfettered discretion.
15. Attorne Fees. In. the event an action i~ commenced to enforce or interpret this
Y
A Bement, the prevailing part~r shall be entitled to recover from the losing party reasonable
~' .
attorney fees set by the court, at trial, on appeal ar review.
16. A ' ' ative Fees.. At closing, LTD agrees to reimburse City ~ and. Agency forr all
reasonable ex uses incurred by City and Agency directly related to this. Agreement up to and
Pe
e waling TWENTY-FINE THOUSAND DOLLARS ~$25,o4a}. Such reasonable expenses
q
include, but are not limited to, actual staff costs, legal fees, publrsh~ng costs, supplies and
materials. LTD shall submit payment. to City in accordance with the Itemized expense
Page 7 -INTERGOVERNMENTAL AGREEMENT
statement(s) provided by City and Agency to ~,TD through Evergreen Laud ~'xtle Company.
~.7. Entire Agreement. This Agreement constitutes the entire agre~nent between the parties
pertaining t4 the sale and purchase of the Property, This Agreement supersedes any and au
prior negotiations, discussions! agreements and undezstandings between the parties. This
Agreement may not ~ modified or amended except by written agreement executed by both
pa~.es.
~.$. Waiver. No waiver of any provision of this Agreement shah be deemed, or shall
constitute, a waiver of any other pro~risiar~, whether or not sinular, nor shad any waiver
constitute a continuing waiver. No waiver sha.~ be binding unless executed in writing by the
PAY making the waiver.
I9. Applzcabie Law and V~nuc. This Agreement shall be cons~ed, applied, and enforced
in accordance with the Taws off' the state of ~ze;on. In the event there is a dispute regarding this
A ee;uaent, any hear~ag thereof shall be heard in the Circuit ~aurt of the State of Oregon far
La~ae bounty.
THIS INSTRUMENT 'SILL NAT ALL~w USE ~~ TAE PROPERTY
DESCRIBED ~I TES YNS'rRC~MENT IN ~I~LATIaN ~~' A-FFLI~A~LE LAND
USE ~,Aw'S AND REGULATIONS. PEE~RE SI~NIN'~ ~R A~CEFTING THIS
I.NSTR , THE PERSON~S~ AC~UIRINO ~'EE TY'rLE T~ TAE PR~FERTY
SHOULD C~EC~ WITH TSE APPRC3pRYATE~ CITY ~R BOUNTY FLANNINO
DEPARTMENT TIC VERIFY APP~.t~~"ED USES AND TO DETE ANY
LIl~IIT'S (lN LAt~'SUITS AOA~NST FARMING QR FOREST PRAOT~CES AS
DEWED ~N ors 3a.~~o.
The Urban Reaewal Agency
of the City of Eugene
Lane Transit District
5
B
Y•
Linda H. Norris, Director
~ ~~
Date:
The City of Eugene
f j
By:
Linda ~. Norris, Cif Manager pro tem
Date:
~titkrC~tyl~d-i~s.7
~w
I ~~~IIII Phyllis Loobey, ~enerai M ger
Date: Z. ~e.tO,n;~i,~rv~ ~ °l ~l b
Page ~ - INT~RC~I~~RNM~N'rAL AG~~M~'r