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HomeMy WebLinkAboutOrdinance No. 2042615UNCIL ORDINANCE"NUMMI 426 COUNCIL BILL NUMBER 4995 6AN ORDINANCE VACATING A PORTION OF THE ALLEY RIGHT-OF WAY LOCATED BETWEEN 10TH AVENUE AND BROADWAY, PARALLEL TO OLIVE AND CHARNELTON STREETS, ADOPTED: Februar 23, 2009 PASSED: 6/0 REJECTED: OPPOSED: RECUSED: Clark ABSENT: Solomon EFFECTIVE: March 2009 ORDINANCE NO. 20426 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 owners), applied for the vacation of the south half of the following described alley right-of-way: The north/south alley between 1 0th 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 23rd day of February, 2009. A A I C City R corder Ordinance - Page 1 of 1 2-1 day of ft, �JV �-&G-'` ' , 20090 EXHMIT A Legal Description That certain parcel of lanai located at the intersection of the alley between Chamelton and Dlive and North of I& Avenue, being more particularly described as follows: Beginning at the Southeast corner of Lot 7, ,Bloch .4, MULLIGAN' ADDITION ON THE WEST as platted and recorded in Book A, Page 122, Lane County Oregon Plat - records; thence. . East along the Northerly line of 10" Street, 14 feet to the Southwest corner, of Lot 8, Bloch 4 in said MULLIGANS'. ADDITION ON THE NEST; thence Noah 1.60 feet along the west lines of said lot 8 and lot S to the Northwest corner of said Lot S M . MULLIGAN'.S ADDITION ON TIME - WEST; thence west-14 feet to the Northeast ' corner of lot G in sard MULLIGAN' S ADDITION ON THE WEST; thence South. 'alon . the Easterly' line of said lots 6 and 7,160 feet to the. point of beginning, In Eugene, Lane County, Oregon. ti r E XHBIT R Fin gs Alley 'Vacation &r the Urban Renewal Agency of the City ofE ugene (VRI. 09-1) Background . The Urban Renewal Agency of the City of Eugene has requested right- of- way-vacation of the southern. portion of the north/south alley located between I Avenue and -Broadway and p let to Clive and C;hasnelton Streets, totaling approximately 2240 square feet. The Urban Renewal Agency, who owns all property adjacent to "this portion of the alley, is fac' 'tating 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 oppor unitie to . the .community, and is consistent with the tenets of the Downtown'Plan, The vacation request process provides a meow to evaluate the need for public ways as land develops and • uses change over tine, and to address tbid manner in which the City may dispense'with public ways. Requests 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 subj edt to proced� } requum- ents at EC 9.7445 -- 9.7455. } Compliance with Approval. Criteria The sole approval criterion at EC; 9.5725 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 fxnd,gs demonstrating compliance: r 77re city councU shall approve, or approve with Condidons and reseripatioits of easements; the v cadoa of improved public right -oof -wiry, public ways acquired public fznnds, -or undeveloped subdivision and pant on plats, or portions thereof, inclu&ng public right-of- way and hnprovedpablic easements located therein, only if f the council finds that approval of f th a vacation is in th a 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 m. ent of a special assessent for the area of vacated right -of -way, have also been provided. as required. Findings , The follow* findings dernonistrate that vacation of the southern portion of the Olive Alley. is in the public inter t. This detern ation is based on the conclusion that the current alley provides minimal value and benefit to the public and further, with the of this righti-of -way, redevelopment opportunities can be enhanced through the consolidation of the site. As a result, vacation of a portion of PPo . the Olive Alley.wil.l be in the public interest. Detailed findings to support these conclusions are provided below, - - die benefi 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 C {harnelton Streets, In addition, the alley's. current circumstances also provide mmunal benefit to the public. As the Urban Renewal Agency now owns all of the land adjacent to this* portion' of the Clive 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 1 oth 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 conflxrned that adequate public fights-of-way exist to satisfy all access and traffic circulation Mn the vicinity: Adjacent uses will continue to have a ccess from the northern P ortion of the alley, the .east/west all.ey.between Olive and Charnelton Streets, as well as from the surrounding street system, including Olive Street, Charnelton Street, l o Avenue and Broadway, Referral comments from Public works star', 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 Pubhe Works Transportation and ,ngineering staff and the Fire Marshal's office have confirmed that the vacations would not compromise transportation or e. metgency access. Referral eomments and %letters of concnrmce from utility providers . have confirmed that there are n 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. ffi ' The ali ent of the alley limits how the site can b e re-developed,. . E ' ab on o f this portion of the �. P _ P ; Olive Alley would provide much more tex3ibility 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 rnauner. Given the limited value of this portion of Olive Alley, its benefit to the public would be nainixnal in comparison to the benefits resulting from a comprehensive development plan for the entire site The , ability to re -use this praperriy in a consolidated manner also enhances its economic viabil giiven 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, cornmerciall.y 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 op opportunities with the downtown area. 'these additional employment and economic F . 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 Age4cy of the City of Eugene, 'will be in the public interest. Exhibit B: F� ndings .