HomeMy WebLinkAboutItem 4: Action - Ordinance Concerning Vacating a Portion of the Alley Right-Of-Way Located Between 10th Avenue and Broadway
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
c
Action: Ordinance Concerning Vacating a Portion of the Alley Right-Of-Way Located
Between 1 Oth Avenue and Broadway, Parallel to Olive and Charnelton Streets; Providing
For an Effective Date; and Providing For a Sunset Date
Meeting Date: November 28, 2005
Department: Planning and Development
www.eugene-or.gov
Agenda Item Number: 4
Staff Contact: Alissa Hansen
Contact Telephone Number: 682-5508
ISSUE STATEMENT
The City Council is scheduled to take action on an ordinance for the 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, which
was subsequently held on November 14, 2005. No public testimony, written or otherwise, was received
prior to or presented at the public hearing.
Following the close of the November 14, 2005, public hearing, the council directed staff to address two
issues. A summary of options regarding the issues raised is included in the attached memo from staff
dated November 21,2005.
RELATED CITY POLICIES
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)
LICMOl200S Council AgendaslMOSl128lS0Sll284.doc
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 adopt the ordinance as attached, adopt the ordinance as amended, deny the ordinance
or postpone action.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends approval of the alley vacation ordinance as amended to provide that the
alley vacation is effective upon the closing of the sale to OR! exclusively (Ordinance B as contained in
Attachment C).
SUGGESTED MOTION
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. (Ordinance B as contained in Attachment C).
ATTACHMENTS
A. Memo from staff, dated November 21,2005
B. Ordinance A (Same as version provided in November 14, 2005, agenda packet)
C. Ordinance B
D. Vicinity Map of Alley Vacation Request
E. Vacated Alley Property Distribution Map
FOR MORE INFORMATION
Staff Contact: Alissa Hansen
Telephone: 682-5508
Staff E-Mail: alissa.h.hansen@ci.eugene.or.us
LICMOl200S Council AgendaslMOSl128lS0Sll284.doc
ATTACHMENT A
.Planning & Development
Planning
MEMORANDUM
City of Eugene
99 West 10th Avenue
Eugene, Oregon 97401
(541) 682-5377
(541) 682-5572 FAX
INININ. eugene-or. gov
Date:
November 21,2005
To:
Mayor Piercy and City Council
From:
Alissa Hansen, 682-5508
Senior Planner
Subject:
Summary of Options for Urban Renewal Agency's Alley Vacation Request
This memo provides a summary of options for the alley vacation request based on the direction received
at the November 14,2005 City Council meeting on this item.
Option 1:
Approve the alley vacation request as originally recommended by the City Manager.
This option would result in approval of the ordinance provided at the November 14,2005 public hearing.
Option 2:
Amend the ordinance and revise the ordinance title to remove subsection (b) of
Section 4.
The amendment provided in this option would specify that the alley vacation request become effective
upon the closing of the pending sale of the Urban Renewal Agency's property to OR! only and was
suggested following the close of the public hearing on November 14,2005. Staffhas no concerns with
this option.
Option 3:
Postpone action on the ordinance at this time; provide direction to the City
Manager to determine an assessment of special benefit for the benefiting property
owners, prepare a new ordinance and schedule a new public hearing.
The City Council cannot at this time take action on an amended ordinance which assesses the property
owners for special benefit that may result from the alley vacation. The Eugene Code requires notice of
the proposed assessment for benefits to be mailed to the property owners to be assessed no less than 20
days prior to the City Council public hearing of the vacation request. Additionally, the benefiting property
owners are to submit payment of a deposit equal to the assessment of special benefit at least five working
days prior to the public hearing.
In order to go forward with this option the following would need to occur:
1) The City Manager would need to determine and the City Council would need to approve the assessed
value of the special benefit that results from the vacation and disposition of the subject alley;
2) A new public hearing before the City Council would need to be set;
3) A notice of the assessment and the new public hearing would need to be provided in accordance with
Eugene Code requirements; and
4) The benefited properties would need to deposit the sum to be assessed (to be retained by the city if the
vacation is approved).
A number of factors may be considered in the determination of assessed value of special benefit, but the
analysis must include consideration of the value of the real property and the costs incurred by the city in
improving the alley. Based on a recent appraisal, and information provided by the City of Eugene's
Senior Real Property Officer, the estimated value associated with the portion of the alley to be attached to
the Diamond Parking property is $11,200 ($20/square foot) and the estimated value associated with the
portion of the alley to be attached to the Urban Renewal Agency property is $33,600 ($20/square foot).
In this case, a special assessment of $0 was determined for Diamond Parking because the parking lot will
lose its 10th Street entrance and could lose a few parking spaces when the alley is vacated, resulting in a
potential loss of revenue. The $470,000 purchase price that the Urban Renewal Agency (URA) will be
receiving from OR! for the purchase of the URA's property includes consideration for the value of alley.
Postponing action and rescheduling the public hearing would result in a delay of the alley vacation as well
as the closing of the sale of the Urban Renewal Agency property to OR!. It is also uncertain whether
Diamond Parking will pay the assessment, which could affect the closing of the property sale to OR!.
Additional Information
For additional information, contact Alissa Hansen, Senior Planner at 682-5508 or via email at
alissa.h.hansen@ci.eugene.or.us
ATTACHMENT B
ORDINANCE NO. _[A]
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 AgendasIMOSI128IS0Sll284-attB.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 AgendasIMOSI128IS0Sll284-attB.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 AgendasIMOSI128IS0Sll284-attB.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 AgendasIMOSI128IS0Sll284-attAa.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 Page.:; 1221 Lane County Oregon Deed Recox-ds I in La11e County (
Oregol1;
Ailsa ~ FracLioTlal L.ot- 4 I Block I I MULLIGAl'l' S DONArr-rON and F_ractioIlal Lot~ 81
Block 4 I I'JfULIJIGANf S ADDITION ON THE WES'.r r as p1atted and recorded ill Book Al
Page 122 1 Ilalle COtlnty Oregon Deed Records I in Lal1e COU11ty I Oregon..
ATTACHMENT C
ORDINANCE NO. _[B]
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 'v'v'ishes 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 AgendasIMOSI128IS0Sll284-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 when both of the following
have occurred:
(a) Upon thc latcr of 30 days have passed since adoption of this ordinance and its
approval by the Mayor; and
(b) , or thc closing of the pending sale to OR! has closed. [-;---eF
(b) In thc cvcnt that thc pcnding salc to OR! docs not closc, upon (i) thc salc to futurc
propcrty o'vVncr not latcr than midnight ofDcccmbcr 31,2006, and (ii) vvTittcn
noticc bcing rcccivcd by thc City from thc buycr by that timc confirming that thc
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.
Ordinance - Page 2
LICMOl200S Council AgendasIMOSI128IS0Sll284-attC.doc
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.
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 AgendasIMOSI128IS0Sll284-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 AgendasIMOSI128IS0Sll284-attAa.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 Page.:; 1221 Lane County Oregon Deed Recox-ds I in La11e County (
Oregol1;
Ailsa ~ FracLioTlal L.ot- 4 I Block I I MULLIGAl'l' S DONArr-rON and F_ractioIlal Lot~ 81
Block 4 I I'JfULIJIGANf S ADDITION ON THE WES'.r r as p1atted and recorded ill Book Al
Page 122 1 Ilalle COtlnty Oregon Deed Records I in Lal1e COU11ty I Oregon..
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