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Home My WebLink AboutItem 3: 10th and Charnelton Alley Vacation ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Vacating a Portion of the Alley Right-Of Way Located Between 10th Avenue and Broadway, Parallel to Olive and Charnelton Streets for the Urban Renewal Agency of the City of Eugene (VRI 09-1) Meeting Date: February 17, 2009 Agenda Item Number: 3 Department: Planning and Development Staff Contact: Alissa Hansen www.eugene-or.gov Contact Telephone Number: 541/682-5508 ISSUE STATEMENT The City Council will hold a public hearing on an alley vacation request submitted by the Urban Renewal Agency (URA) of the City of Eugene. The property affected by this proposed action is the southern half of the alley right-of-way located at the north/south alley between 10th Avenue and Broadway Street, parallel to Olive and Charnelton Streets. A map showing the vicinity and proposed alley right-of-way to be vacated is included as Attachment A. BACKGROUND As noted above, and shown on the attached map, the URA’s requested right-of-way vacation includes the southern half of Olive Alley (City file VRI 09-1). The URA, which owns all property adjacent to this portion of the alley, is requesting vacation to consolidate properties and allow for the comprehensive full half-block redevelopment of the site. The URA is currently working with W&G Development for the sale and development of the property, which is scheduled to close by March 31, 2009. The City Council previously approved the terms of sale, which included the URA’s commitment to vacating the southern portion of the north/south alley that is adjacent to the URA’s property. W&G is proposing to develop a multi-story commercial and residential building on the site. Vacation of the subject alley was previously approved by the City Council in 2005, in conjunction with the pending sale of the URA’s property to the Oregon Research Institute (ORI). However, at that time approval of the vacation was contingent on the closing of the pending sale to ORI, which did not transpire. The current alley vacation request is not contingent on the W&G proposal. The vacation request process serves as a means to evaluate the need for public ways as land develops and uses change over time. Requests for the vacation of public streets and alleys are considered in accordance with sections 9.8700-9.8725 of the Eugene Code (EC) and Oregon Revised Statutes (ORS) 271.080-271.230, and processed pursuant to EC 9.7445–9.7455. The public hearings are subject to quasi-judicial procedures in state law and as set forth in EC 9.7065 through EC 9.7095. Vacation application materials, including the applicant’s written statements addressing approval criteria, are included as Attachment B. A copy of the vacation application, along with other Z:\CMO\2009 Council Agendas\M090217\S0902173.doc documents and information related to the vacation request, such as consent forms, are contained in a binder that has been placed in the Council Office. Public Hearing Notice In accordance with EC 9.7440 and ORS 271.110, notice of public hearing for the requested alley vacation has been provided in the following manner: On February 3, 2009, notice was mailed to property owners, interested parties and the Downtown Neighborhood Association, the officially recognized neighborhood group; on February 6, 2009, the property was posted in the immediate vicinity of the requested alley vacation; and on February 3, 2009, and February 10, 2009, 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. Consent of Abutting and Affected Property Owners In accordance with ORS 271.080, the URA 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. The affected area is defined by ORS as an area that is 200 feet on either side of the alley and 400 feet at each end of the alley. The URA owns all of the properties abutting the alley right-of-way proposed for vacation. The materials submitted with the alley vacation application include consent forms signed by a representative from the City of Eugene on behalf of the URA. The application materials also include consent forms signed by property owners of more than two-thirds of the affected (required consent) area. Copies of the signed consent forms, along with maps showing the affected areas and those properties with signed consent forms are included in the binder that has been placed in the Council Office. Applicable Criteria The Eugene City Council will address the relevant approval criteria from EC 9.8725 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-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. Additionally ORS 271.120 is relevant as listed below: 271.120 Hearing; determination. At the time fixed by the governing body for hearing the petition and any objections filed thereto or at any postponement or continuance of such matter, the governing body shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof. If such matters are determined in favor of the petition the governing body shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest. As noted above, consent of the required area has been obtained and public notice has been given in accordance with statutory and local code requirements. Staff analysis further indicates that basic Z:\CMO\2009 Council Agendas\M090217\S0902173.doc provision of necessary public services and facilities such as transportation and utilities in the area can be maintained upon approval of the vacation requests. 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 have indicated the alley vacation would not compromise transportation, emergency access, or stormwater and wastewater systems. Referral comments from Public Works staff note that adequate public rights-of-way exist to satisfy all access and traffic circulation in this vicinity. Adjacent uses will continue to have access from the northern portion of the alley, as well as the east-west alley between Olive and Charnelton Streets and the surrounding public street system. Referral comments and letters of concurrence from utility providers have confirmed that there are no stormwater, wastewater, water, electric, or natural gas lines located in the alley and that Qwest utilities can either be relocated or addressed through a private utility easement. While staff findings indicate that the vacation requests can be accommodated at this fundamental level, it remains within the council’s purview to identify what additional requirements, if any, must be made to find that the requests support the public interest in order for the City to release ownership of the right-of-way. Draft findings in support of the alley vacation request are included as Exhibit B to the draft ordinance (Attachment C). These draft findings provide a more comprehensive evaluation than the comments listed above. Determination of Assessment Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special benefit resulting 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. In this instance, the value of the real property for the alley was determined to be $20,966, according to a Basis of Value report prepared by the City. The URA has deposited $20,966 with the City in advance of the public hearing, as required. If the application is approved, the deposit shall be retained by the City, or if the application is denied the money shall be returned. RELATED CITY POLICIES Approval criteria for vacation requests (the full text is included above) located at EC 9.8725, and corresponding statutory provisions at ORS 271.120, which require the council to find that approval of the vacation requests is in the public interest. COUNCIL OPTIONS The City Council may consider the following options: 1. Approve the vacation request by ordinance; 2. Approve the vacation request by ordinance with specific modifications as determined by the City Council; 3. Deny the vacation request by ordinance. Z:\CMO\2009 Council Agendas\M090217\S0902173.doc CITY MANAGER’S RECOMMENDATION This item is scheduled for a public hearing only. Following the City’s receipt of all testimony, the City Manager will make a recommendation on the merits of the vacation request, to be included in the council packet for action, scheduled for February 23, 2009. SUGGESTED MOTION No motion is proposed as this item is scheduled for a public hearing. ATTACHMENTS A. Map of Alley Vacation Request and Vicinity B. Application Materials for Alley Vacation C. Draft Ordinance for Alley Vacation (VRI 09-1) FOR MORE INFORMATION Staff Contact: Alissa Hansen, Senior Planner Telephone: 541/682-5508 Staff E-Mail: alissa.h.hansen@ci.eugene.or.us Z:\CMO\2009 Council Agendas\M090217\S0902173.doc ßÌÌßÝØÓÛÒÌ ß Ñ´·ª» ß´´»§ Ê¿½¿¬·±²ô Ê·½·²·¬§ Ó¿° Ð±®¬·±² ±º Ñ´·ª» ß´´»§ ¬± ¾» ª¿½¿¬»¼ Û«¹»²» Ð«¾´·½ Ô·¾®¿®§ ÔÌÜ ðîððÚ»»¬ Ý·¬§ ±º Û«¹»²» ß´´»§ ¬± ¾» ª¿½¿¬»¼ Ð´¿²²·²¹ ¿²¼ Ü»ª»´±°³»²¬ Ü»°¿®¬³»²¬ Ý±³³«²·¬§ Ü»ª»´±°³»²¬ Ü·ª··±² Ö¿²«¿®§ íðô îððç øÍÆ÷ Ý¿«¬·±²æ Ì¸· ³¿° · ¾¿»¼ ±² ·³°®»½·» ±«®½» ¼¿¬¿ô «¾¶»½¬ ¬± ½¸¿²¹» ¿²¼ º±® ¹»²»®¿´ ®»º»®»²½» ±²´§ò 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 CHARNELTON STREETS. The City Council of the City of Eugene finds that: A. On January 22, 2009, the Urban Renewal Agency of the City of Eugene (“the Agency”), with the consent of the abutting property owner(s), 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 to this Ordinance. B. On January 12, 2009, the City Council of the City of Eugene approved an agenda setting a public hearing to be held at 7:30 p.m. on February 17, 2009, for the purpose of hearing protests and remonstrances to the proposed vacation. C. On February 17, 2009, the City Council held a public hearing regarding the alley vacation. 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 consent of the owner(s) of the abutting property has been filed in the proceedings, and that the vacation of the alley right-of-way is in the public interest, as described in Exhibit B attached to this Ordinance. Section 2 . The alley right-of-way described in Exhibit A attached to this Ordinance is vacated and shall revert pursuant to the statutes of the State of Oregon. Section 3 . The City Recorder is directed to file a certified copy of this Ordinance 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. Passed by the City Council this Approved by the Mayor this ____ day of _______________, 2009. _____ day of _________________, 2009. ________________________________ _________________________________ City Recorder Mayor 00219174.DOC;1 Ordinance - Page 1 of 1 EXHIBIT A Legal Description That certain parcel of land located at the intersection of the alley between Charnelton and th Olive and North of 10 Avenue, being more particularly described as follows: Beginning at the Southeast corner of Lot 7, Block 4, MULLIGAN’S ADDITION ON THE WEST, as platted and recorded in Book A, Page 122, Lane County Oregon Plat Records; thence th East along the Northerly line of 10 Street, 14 feet to the Southwest corner of Lot 8, Block 4 in said MULLIGANS’ ADDITION ON THE WEST; thence North 160 feet along the west lines of said lot 8 and lot 5 to the Northwest corner of said Lot 5 in MULLIGAN’S ADDITION ON THE WEST; thence West 14 feet to the Northeast corner of lot 6 in said MULLIGAN’S ADDITION ON THE WEST; thence South along the Easterly line of said lots 6 and 7, 160 feet to the point of beginning, in Eugene, Lane County, Oregon. EXHBIT B Findings Alley Vacation for the Urban Renewal Agency of the City of Eugene (VRI 09-1) Background The Urban Renewal Agency of the City of Eugene has requested right-of-way vacation of the th southern portion of the north/south alley located between 10 Avenue and Broadway and parallel to Olive and Charnelton Streets, totaling approximately 2240 square feet. The Urban Renewal Agency, who owns all property adjacent to this portion of the alley, is facilitating the comprehensive re-development of the site which necessitates the alley vacation. The Urban Renewal Agency’s desires to facilitate redevelopment of this prominent downtown site, which is expected to provide many positive economic opportunities to the community, and is consistent with the tenets of the Downtown Plan. The vacation request process provides a means to evaluate the need for public ways as land develops and uses change over time, and to address the manner in which the City may dispense with public ways. Requests for the vacation of public streets and alleys are considered in accordance with EC 9.8700-9.8725 and Oregon Revised Statutes 271.080-271.230. These requests are also subject to procedural requirements at EC 9.7445–9.7455. Compliance with Approval Criteria The sole approval criterion at EC 9.8725 requires the City Council to find that approval of the requested right-of-way vacations is in the public interest. The full text of the approval criterion is provided below, with findings demonstrating compliance: The city council shall approve, or approve with conditions and reservations of easements, the vacation of improved public right-of-way, public ways acquired with public funds, or undeveloped subdivision and partition plats, or portions thereof, including public right-of-way and improved public easements located therein, only if the council finds that approval of the vacation is in the public interest. Public notice and hearings have occurred on the vacation requests in accordance with applicable statutory and local code requirements. Consent for the vacation requests from abutting and affected owners, and payment of a special assessment for the area of vacated right-of-way, have also been provided as required. Findings The following findings demonstrate that vacation of the southern portion of the Olive Alley is in the public interest. This determination is based on the conclusion that the current alley provides minimal value and benefit to the public and further, with the vacation of this right-of-way, redevelopment opportunities can be enhanced through the consolidation of the site. As a result, vacation of a portion of the Olive Alley will be in the public interest. Detailed findings to support these conclusions are provided below. The benefit of the alley to the transportation system is limited, given the extensive surrounding street and alley system, including the east/west alley between Olive and Charnelton Streets. In addition, the alley’s current circumstances also provide minimal benefit to the public. As the Urban Renewal Agency now owns all of the land adjacent to this portion of the Olive Alley, and all surrounding properties are served by the existing streets and the east/west alley, there are no other properties which directly depend on this portion of Olive Alley for access. Adjacent businesses will continue to have maintenance access via the east/west alley. Although the alley currently provides through access between Broadway and 10th Avenue, the existing east/west alley and surrounding sidewalk system provide routes for pedestrians and bicyclists to nearby destinations with little or no out-of-direction travel. Public Works staff has confirmed that adequate public rights-of-way exist to satisfy all access and traffic circulation in the vicinity. Adjacent uses will continue to have access from the northern portion of the alley, the east/west alley between Olive and Charnelton Streets, as well as from the th surrounding street system, including Olive Street, Charnelton Street, 10 Avenue and Broadway. Referral comments from Public Works staff, other affected City Departments and utility providers note that the provision of necessary public services and facilities such as transportation and utilities in the area can be maintained upon approval of the vacation request. The City’s Public Works Transportation and Engineering staff and the Fire Marshal’s office have confirmed that the vacations would not compromise transportation or emergency access. Referral comments and letters of concurrence from utility providers have confirmed that there are no stormwater, wastewater, water, electric, or natural gas lines located in the alley and that Qwest utilities can either be relocated or addressed through a private utility easement. The transportation system will be further improved given that future development of this site will be subject to current Eugene Code Standards for commercial zones. The land use code includes development standards which require sidewalks or other forms of pedestrian connections, bicycle parking and the provision of pedestrian amenities. Likewise, vehicular access will be addressed to ensure safe and efficient circulation. Any larger development would also need to comply with Traffic Impact Analysis application requirements which identify traffic impacts related to a development and required mitigation. The alignment of the alley limits how the site can be re-developed. Elimination of this portion of the Olive Alley would provide much more flexibility to develop the site in a coordinated and integrated manner. By enabling consolidation of this site, future redevelopment plans can address the variety of development concerns (both potential impacts and benefits) in a holistic manner. Given the limited value of this portion of Olive Alley, its benefit to the public would be minimal in comparison to the benefits resulting from a comprehensive development plan for the entire site. The ability to re-use this property in a consolidated manner also enhances its economic viability given the additional flexibility afforded with the vacation of the portion of Olive Alley. The vacation can help facilitate increased economic opportunities associated with its redevelopment. Any development of this consolidated, commercially zoned parcel, even in the absence of a specific redevelopment proposal, would result in substantial employment opportunities both for the construction trade as well as increased employment opportunities with the downtown area. These Exhibit B: Findings additional employment and economic opportunities will result in substantial benefit to the community. Conclusion Based on the available information, evidence and testimony received, the City finds that the Olive Alley vacation, as proposed by the Urban Renewal Agency of the City of Eugene, will be in the public interest. Exhibit B: Findings