HomeMy WebLinkAboutItem 6: Ordinance Vacating Portion of Alley Between 10th and Broadway
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UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: 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 23, 2009 Agenda Item Number: 6
Department: Planning and Development Staff Contact: Alissa Hansen
www.eugene-or.gov Contact Telephone Number: 541/682-5508
ISSUE STATEMENT
The City Council is scheduled to take action on an ordinance for an alley vacation request submitted by
the Urban Renewal Agency 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
On February 17, 2009, the City Council held a public hearing on this alley vacation request. No public
testimony was received at, or prior to, the public hearing. The Urban Renewal Agency, which owns all
adjacent property 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 Urban Renewal Agency (URA) is
currently working with WG 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. WG is proposing to develop a multi-story commercial and residential
building on the site. The alley vacation proposal is not contingent on a specific redevelopment proposal.
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 City conducted the public hearing in accordance with quasi-judicial
procedures in state law and as set forth in EC 9.7065 through EC 9.7095.
RELATED CITY POLICIES
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-
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way and improved public easements located therein, only if the council finds that approval of
the vacation is in the public interest.
Consent of the required area has been obtained, and public notice and hearing has occurred in
accordance with statutory and local code requirements. Staff analysis further indicates that basic
provision of necessary public services and facilities such as transportation and utilities in the area will be
maintained. The attached findings demonstrate that the portion of Olive Alley proposed to be vacated
provides little benefit, given its minimal functionality when contrasted with the significant benefits
available by approval of the vacation request. Further, approval of the vacation will enable the URA to
facilitate future redevelopment of the site with likely significant economic benefits to the downtown and
the community. Approval of the vacation request is found to be in the public interest as required by the
approval criteria, and consistent with the findings attached to the ordinance.
COUNCIL OPTIONS
The 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.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the City Council approve the vacation request and adopt the
ordinance as attached.
SUGGESTED MOTIONS
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 for the Urban Renewal Agency of the City of
Eugene (VRI 09-1).
ATTACHMENTS
A. Map of Vacation Request
B. Draft Ordinance
FOR MORE INFORMATION
Staff Contact: Alissa Hansen
Telephone: 541/682-5508
Staff E-Mail: alissa.h.hansen@ci.eugene.or.us
Z:\CMO\2009 Council Agendas\M090223\S0902236.DOC
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ATTACHMENT B
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
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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
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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
additional employment and economic opportunities will result in substantial benefit to the
Exhibit B: Findings
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