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HomeMy WebLinkAboutItem 6: Public Hearing on Ordinance Concerning Alley Vacation EUGENE CITY COUNCIL AGENDA ITEM SUMMARY c Public Hearing and Possible Action: Ordinance Vacating a Portion of the Alley Right-of-Way Located Between loth Avenue and Broadway, Parallel to Olive and Charnelton Streets; Providing for an Effective Date; and Providing for a Sunset Date Meeting Date: November 14, 2005 Department: Planning and Development www.eugene-or.gov Agenda Item Number: 6 Staff Contact: Alissa Hansen Contact Telephone Number: 682-5508 ISSUE STATEMENT The City Council will hold a public hearing on an alley vacation request submitted by the Urban Renewal Agency. The property affected by this proposed action is the southern half of the north/south alley between 10th Avenue and Broadway, parallel to Olive and Charnelton Streets, east of the former Sears building. The existing east/west alley is not proposed for vacation. BACKGROUND On October 10,2005, the City Council set the public hearing date for this alley vacation request. Other than the call for public hearing, there has been no previous council action on this vacation request. The Planning Commission public hearing, deliberation and action on this request was held November 8, 2005. No public testimony was received prior to or at the public hearing. Following the public hearing, the Planning Commission voted unanimously to recommend that the City Council approve the alley vacation request. If the request is approved by the City Council, the alley will revert to private ownership and will be attached to the abutting properties in equal portions. Abutting property owners are the Urban Renewal Agency, who owns tax lots 6600 and 5300, and Diamond Parking, who owns tax lots 5100 and 5200. Requests for the vacation of public streets and alleys are considered in accordance with sections 9.8700- 9.8725 of the Eugene Code and Oregon Revised Statutes (ORS) 271.080-271.230, and processed as a Type IV application pursuant to sections 9.7400-9.7455 of the Eugene Code. Included below is an evaluation of the primary factors to be considered by City Council in determining whether or not to grant the requested alley vacation. Public Hearing Notice In accordance with EC 9.7415 and ORS 271.110, notice of public hearing for the requested alley vacation has been provided in the following manner: On November 1, 2005, notice was mailed to property owners and occupants within the affected area and the Downtown Neighborhood Association, the officially recognized neighborhood group, and posted in the immediate vicinity of the requested alley vacation; and on October 30,2005, and November 6,2005, legal notice was published in The Register-Guard newspaper. As of the date of this report, no responses to the public notice have been received by the Planning Division. LICMOl200S Council AgendasIMOSll14IS0S11146.doc Consent of Abutting and Affected Property Owners In accordance with ORS 271.080, the Urban Renewal Agency has provided evidence of consent to the alley vacation from all abutting property owners and from property owners of at least two-thirds of the property within the affected area. As noted above, the Urban Renewal Agency owns two of the four properties abutting the alley right-of-way (tax lots 6600 and 5300) and Diamond Parking owns the remaining abutting properties (tax lots 5100 and 5200). The materials submitted with the alley vacation application include consent forms signed by representatives from the Urban Renewal Agency and from Diamond Parking. The application materials also include consent forms signed by property owners of more than two-thirds of the area within the affected area. The affected area per ORS is an area that is 200 feet on either side of the alley and 400 feet at each end of the alley. Attached as Exhibit B is a map showing affected properties and identifying those properties with signed consent forms. Copies of the signed consent forms are in the file record for this request (VRI 04-1). Applicable Criteria The Eugene City Council will address the relevant approval criterion from section 9.8725 of the Eugene Code in making a decision on the proposed alley vacation, as listed below: The city council shall approve, or approve with conditions and reservations of easements, the vacation of improved public right-oi-way, public ways acquired with public funds, or undeveloped subdivision and partition plats, or portions thereof, including public right-of- way and improved public easements located therein, only if the council finds that approval of the vacation is in the public interest. The alley vacation request will facilitate the re-development of a vacant site with a six-story office building that will bring 300 employees to the downtown core. This project is consistent with the policy direction contained in the Downtown Plan. The following specific policies from the Downtown Plan are relevant to this request and provide support that the alley vacation is in the interest of the public: Build upon downtown's role as the center for government, commerce, education and culture in the city and the region (Strong Regional Center Policy 1) Downtown development shall support the urban qualities of density, vitality, livability and diversity to create a downtown, urban environment. (Strong Regional Center Policy 2) Actively pursue public/private development opportunities to achieve the vision for an active, vital, growing downtown. (Building a Downtown Policy 1) Use downtown development tools and incentives to encourage development that provides character and density downtown. (Building a Downtown Policy 2) The Urban Renewal Agency of the City of Eugene, owner of the former Sears building property and adjacent 1/8-block parking lot (the "Sears Site"), has signed a Purchase and Sale Agreement with the Oregon Research Institute (OR!) under which the Sears Site will be sold to OR! for development of a new six-story office building. The proposed alley vacation is necessary for the construction of the new building, as it will allow OR! to use the site more effectively and efficiently. The City Council previously approved the terms of sale, which included the Urban Renewal Agency's commitment to vacating a portion of the north/south alley that is adjacent to the former Sears building. LICMOl200S Council AgendasIMOSll14IS0S11146.doc In addition to being consistent with Downtown Plan policy direction, the requested alley vacation will not impede the future best use of any adjoining properties, and is thus in the public interest. Adjacent uses, which include a surface parking lot to the east and commercial/retail uses to the north, will continue to have access from the east/west alley between Olive and Charnelton. As noted in the applicant's written statement, there are no significant impacts identified by service or utility providers as a result of the requested alley vacation. The alley vacation request was referred to affected City departments and public utility service providers. City of Eugene Public Works Transportation and Engineering staff and the Fire Marshal's Office has indicated the alley vacation would not compromise transportation, emergency access, and stormwater or wastewater systems. Referral comments from utility providers have confirmed that there are no stormwater, wastewater, water, electric, or natural gas lines located in the alley. The only utility affected by the alley vacation is Qwest, which has two conduits within the alley. Qwest and OR! have come to an agreement that allows OR! to build over the existing conduits, provided that additional conduits are installed for future needs and that OR! provide an easement through the site at the time of closing. Determination of Assessment Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special benefit that results from the vacation and the disposition of the property to the benefited property owners. The assessed value of special benefit is to be determined by the City Manager and approved by the City Council. In this instance the City Manager has determined that because the Urban Renewal Agency of the City of Eugene has requested the alley vacation, the assessed value of special benefit shall be zero. RELATED CITY POLICIES As noted above, the alley vacation request is consistent with the following policies contained in the Downtown Plan, as it will facilitate the re-development of a vacant site with a six-story office building that will bring 300 employees to the downtown core: Build upon downtown's role as the center for government, commerce, education and culture in the city and the region (Strong Regional Center Policy 1) Downtown development shall support the urban qualities of density, vitality, livability and diversity to create a downtown, urban environment. (Strong Regional Center Policy 2) Actively pursue public/private development opportunities to achieve the vision for an active, vital, growing downtown. (Building a Downtown Policy 1) Use downtown development tools and incentives to encourage development that provides character and density downtown. (Building a Downtown Policy 2) COUNCIL OPTIONS The council may approve the draft ordinance, direct staff to modify the ordinance or deny the ordinance. The council is scheduled to act on this ordinance on November 28, 2005. LICMOl200S Council AgendasIMOSll14IS0S11146.doc CITY MANAGER'S RECOMMENDATION The City Manager recommends approval of the alley vacation request as recommended by the Planning Commission. SUGGESTED MOTION None; this is a public hearing only. However, in the event that the council decides to take action tonight, the following motion is suggested: Move to adopt an ordinance vacating a portion of the alley right-of way located between 10th Avenue and Broadway, parallel to Olive and Charnelton Streets; providing for an effective date; and providing for a sunset date. ATTACHMENTS A. Public Hearing Notice Map B. Map of Consent Area C. Draft Ordinance D. Application Materials FOR MORE INFORMATION Staff Contact: Alissa Hansen Telephone: 682-5508 Staff E-Mail: alissa.h.hansen@ci.eugene.or.us LICMOl200S Council AgendasIMOSll14IS0S11146.doc ~, Alley Vacation for Urban Renewel Agency (VRI 04-1) 9/29/05 L. - ~ - - .J 1 J I L I r--- I -.1 - -- W BROADWAY 1 ,.., - L I- - en z 0 - I- .....J W Z I- - ~ ~ <( Former en r--- I Sears Building ~ w () > - '/ :J Alley to be - '/ 0 ~/ vacated ~v (2,240 sq. ft. 1/ ~ - ~ 11 14' - W 10TH AVE r----- ~ N 50 0 50 100 Feet ~ ~ - ~y~ - Alley Vacation Broadway Former Sears Building en t: .s a; t: I.. co .J::. () 10th Ave Eugene Public Library 11th Ave o II :!: (j) G> .~ o 2 Q) E Jg ~ . ATTACHMENT C ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF THE ALLEY RIGHT-OF WAY LOCATED BETWEEN 10TH AVENUE AND BROADWAY, PARALLEL TO OLIVE AND CHARNEL TON STREETS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET DATE. The City Council of the City of Eugene finds that: A. On July 28,2004, the Urban Renewal Agency of the City of Eugene, with the consent of the abutting property owners, applied for the vacation of the south half of the following described alley right-of-way: The north/south alley between 10th Avenue and Broadway, parallel to Olive and Charnelton Streets, Tax Lots 5100, 5200, 5300, and 6600, Assessor's Map 17-03-31-13, more particularly described in Exhibit A attached hereto. B. The Urban Renewal Agency of the City of Eugene ("the Agency") intends to sell the property described in the attached Exhibit B which abuts the alley right-of-way to be vacated. Sale is currently pending to Oregon Research Institute ("ORI"). ORI supports the proposed vacation. In the event that the currently pending sale to ORI does not close, the City wishes to vacate the alley only if a future buyer desires it. C. On the 10th day of October, 2005, the City Council of the City of Eugene passed a motion calling a public hearing to be held at 7:30 p.m., Pacific Time on the 14th day of November, 2005, at the Council Chambers at City Hall, Eugene, Oregon, for the purpose of hearing protests and remonstrances to the proposed vacation. D. On November 8,2005, the Eugene Planning Commission held a public hearing and thereafter recommended that the City Council approve the proposed vacation. E. On November 14, 2005, the City Council held a public hearing. Ordinance - Page 1 LICMOl200S Council AgendasIMOSll14IS0S11146-attC.doc THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Eugene finds that notice of the hearing was published and posted as required by law, that the consents of the owners of the abutting property have been filed in the proceedings, and that the vacation of the alley right-of-way is in the public interest. Section 2. The Council approves the City Manager's determination that there shall be no assessment of special benefit for the reversion of the alley right-of-way. Section 3. The above-described alley right-of-way is vacated and shall revert pursuant to the statutes of the State of Oregon. Section 4. Notwithstanding the provisions of the Eugene Charter of 2002 as to the effective date of ordinances, this Ordinance shall become effective: (a) Upon the later of30 days, or the closing of the pending sale to OR!; or (b) In the event that the pending sale to OR! does not close, upon (i) the sale to future property owner not later than midnight of December 31,2006, and (ii) written notice being received by the City from the buyer by that time confirming that the buyer desires that the alley be vacated. Section 5. In the event that the ordinance takes effect under Section 4, the City Recorder is directed to file a certified copy of this Ordinance with the Recorder of Lane County, Oregon, together with a map or plat of said property, and a certified copy of this Ordinance shall be filed with the Lane County Assessor and another certified copy shall be filed with the Lane County Surveyor. Section 6. In the event that the ordinance does not take effect under the provisions of Section 4 of this Ordinance by midnight on December 31, 2006, this Ordinance shall be automatically repealed. Ordinance - Page 2 LICMOl200S Council AgendasIMOSll14IS0S11146-attC.doc Passed by the City Council this Approved by the Mayor this day of November, 2005. _ day of November, 2005. City Recorder Mayor Ordinance - Page 3 LICMOl200S Council AgendasIMOSll14IS0S11146-attC.doc EXHIBIT A Vacation of Portion of Alley Right-of-Way Between 10th Avenue and Broadway Beginning at the intersection of the east margin of Charnelton Street with the north margin of 10th Avenue; thence along said north margin in an easterly direction 160 feet to a point marking the intersection of said north margin with the west margin of a north-south alley, running from 10th Avenue to the north, between Charnelton Street and Olive Street; said point being the true point of beginning; thence along said west margin in a northerly direction 160 feet to a point marking the intersection of said west margin with the south margin of an east-west alley between Charnelton Street and Olive Street; thence along said south margin in an easterly direction 14 feet to a point marking the intersection of said south margin with the east margin of north-south alley, running from 10th Avenue to the north, between Charnelton Street and Olive Street; thence along said east margin in a southerly direction 160' to a point marking the intersection of said east margin with the north margin of 1 Oth Avenue; thence along said north margin in a westerly direction 14' to the true point of beginning. Containing 2240 square feet more or less. Exhibit A LICMOl200S Council AgendasIMOSll14IS0S11146-attCa.doc Exhibit B: PROPERTY DESCR.IP'rrON Lots.6 and 7, Block. 4 of MULLIGAN'S ADDIT10N ON THE WEST.. as plat:ted and r-ecol"ded in Book AI rag(~ 122 I Lane County Oregon Deed Recox-ds I in La11e County ( Oregol1; Ailsa ~ FracLioll_al i.ot- 4 I Block I I MULLIGAl'l' S DONArr-rON and F_ractioIlal Lot~ 8, Block 4, I'JfULIJIGANf S ADDITION ON THE WES'.r r as p1atted and recorded ill Book A, Page 122 ( Ilalle COtlnty Oregon Deed Records I i.n Lal1e COU11ty I Oregon.. ATTACHMENT D 9.8725 Approval Criteria for the Vacation of Improved Public RiQht-of-Wav. Public Ways ACQuired with Public Funds. and Undeveloped Subdivision and Partition Plats. The city council shall approve, or approve with conditions and reservations of easements, the vacation of improved public right-of-way, public ways acquired with public funds, or undeveloped subdivision and partition plats, or portions thereof, including public right-of-way and improved public easements located therein, only if the council finds that approval of the vacation is in the public interest. On May 12,2003, the Urban Renewal Agency of the City of Eugene (URA) reviewed responses to a formal Request for Proposals for the sale and development of the Sears building site located at 1 oth Avenue and Charnelton Street. The URA selected a commercial office proposal submitted by the Oregon Research Institute (ORI). On June 23, 2004, the URA authorized the sale of the Sears building property (tax lot 6600) and adjacent parking lot (tax lot 5300) to ORI. The pending sale is conditioned on ORI's commitment to construct a six-story commercial office building of approximately 96,000 square feet. The pending sale is also conditioned on the City's vacating of a portion of the north/south alley that is east of the existing Sears building structure. The new ORI building will generally be constructed on the south one-half block bordered by loth Avenue and Broadway, and Olive Street and Charnelton Street. In order to efficiently and effectively utilize this site for the construction of the ORI building, a request is hereby submitted to vacate a portion of the north/south alley bisecting the property. Approval of the alley vacation is in the public interest. It is clear that the ORI project furthers the City's Growth Management goals, and advances the Vision for Greater Downtown Eugene and the Eugene Downtown Plan. The Vision includes a dense, vital, more attractive downtown that encompasses a variety of different uses such as office, housing, retail, and entertainment. The promotion of additional office development in downtown is a "key next step" identified in the Vision. Additionally, a high-density redevelopment concept for the Sears property is a specific "key next step" in the Vision. The recently adopted Downtown Plan includes implementation strategies for using tools and incentives to help employers locate downtown, and to attract high-density commercial development. The proposed six-story, 96,000 square-foot facility will bring 300 employees downtown. Additionally, the ORI project is responsive to the following Growth Management objectives: Policy 2: Encourage in-fill, mixed-use, redevelopment, and higher density development. Encourage a mix of business and residential uses downtown using incentives and zoning. Encourage the creation of transportation-efficient land use patterns and implementation of nodal development concepts. Development shall be required to pay the full cost of extending infrastructure and services, except that the City will examine ways to subsidize the costs of providing infrastructure or offer other incentives that support higher-density infill, mixed use, and redevelopment. Policy 3: Policy 10: Policy 14: - 1 - Policy 16: Focus efforts to diversify the local economy and provide family- wage jobs principally by supporting local, and environmentally sensitive businesses. Direct available financial and regulatory incentives to support these efforts. There are no significant impacts identified with the requested alley vacation. Adjacent uses include the Diamond/Bradfords surface parking lot, Bradford's Hi-Fidelity, and a series of Broadway retailers with delivery access in the east/west alley east ofCharnelton. Access to all of these sites will be retained from two locations: the mid-block east/west alley entrance accessed from Olive Street, and the mid-block east/west alley entrance accessed from Charnelton Street. Public Works Transportation (Gary NcNeel) has reviewed the site plan for the project. They have identified no on-street traffic flow impacts resulting from the project, and there is no indication that the vacation of the alley will compromise the City's transportation plans. The Fire Marshall (Mark Thompson) has also reviewed access issues for the site, and has indicated that the alley vacation will have no impact on access. Public interest will be addressed by insuring that all properties in the area can be served by utilities. The only utility services affected by the vacation are services provided by Qwest. Qwest has a two duct conduit system within the subject alley with two major cables serving the area north of the site (Lenny De Ambrosia/Qwest). OR! and City of Eugene have been working with Qwest to consider alternatives for meeting existing and future service needs. Qwest has tentatively agreed to allow OR! to build over the existing utilities, with the provision that two additional 4" conduits be installed for future needs, and that OR! provide a three foot right-to-occupy easement through the site. This appears to be the desired approach for both Qwest and OR!. Qwest has also indicated that rerouting lines around the development underneath the sidewalk is also a viable alternative. The preferred route for this option would be: from mid-block/northside of loth, west to Charnelton Street, north to the east/west alley between Charneton Street and Olive Street, and east to the vault located at the mid-block point in the east/west alley (see attached Qwest Utilities: Alternative Re-routing Map). The City/Urban Renewal Agency will continue to work closely with Qwest to insure that all properties in the area can be served. Based on information provided by Public Works Engineering (Becky Taylor), there are no public stormwater or wastewater pipes within the subject alley. EWEB (Mark Oberle) has provided water and electric utility maps (attached). There are no water utilities located in the subject alley. The only known electric utility located within the subject alley are electric network secondary conductors which appear to be feeding directly into the old Sears building. Because the Sears building structure is scheduled to be removed for the OR! development, the removal of the utility should have no impact on the provision of current or future service to adjacent properties (Steve Buzalsky/EWEB). NW Natural Gas (Rex Andre) has indicated that there are no gas lines located in the subject alley. - 2 - The requested vacation will not impede the future best use of any adjoining properties. In fact, the alley vacation provides for larger scale and density of development with the creation a contiguous development site. That larger scale and density will provide significant value to future development that may occur on adjacent properties The City of Eugene herein requests that the south one-half block of the north/south alley running between 10th Avenue and Broadway and parallel to Olive Street and Charnelton Street be vacated and the area contained within this vacated portion be included with the contiguous properties. The applicant is requesting that transfer of ownership to the contiguous properties occur without assessment due to the fact that the vacation of the subject alley was initiated by the City of Eugene's RFP for the sale and development of the site. - 3 -