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HomeMy WebLinkAboutAdmin Order 58-96-15 ADMINISTRATIVE ORDER NO. $8- 'TiP -IS- of the City Manager Pro Tern ORDERING THE TEMPORARY CLOSURE OF A PORTION OF PITCHFORD AVENUE The City Manager Pro tern finds that: A. Pitchford Avenue is a city street running west from Willow Creek Road and ending at the westernmost boundary of Madrona Hills Business Park. A portion of Pitchford A venue was recently opened after being barricaded for many years by the City. Due to the isolated location of this portion of Pitchford Avenue, illegal dumping of trash and yard debris was occurring, necessitating the prior closure of the street. As a result of the Hyundai construction activity, the need to barricade the roadway was no longer necessary. The portion of Pitchford Avenue that is being requested for closure (approximately the westerly 990 feet) ("the closed segment") is not currently being used to access property to the west of Madrona Hills Business Park. All properties adjacent to the closed segment are owned by Hyundai. No other use has been made of the closed segment. B. Temporarily closing a portion of Pitchford Avenue will allow Hyundai to use the section of roadway for additional equipment storage and to control access to this isolated portion of Pitchford A venue. The road closure will be accomplished by the construction of a gate across the existing roadway or similar approach that will facilitate use of the closed segment for storage. C. The closed segment does not serve as a vehicular route. The temporary closure of the closed segment will cause no public detriment. No community interest will be impacted. All properties affected are in the ownership of Hyundai Corporation. D. Temporarily closing a portion of Pitchford Avenue is in the public interest. Revenue for the City will be generated from the lease of the roadway to Hyundai Corporation. Moreover, allowing Hyundai to use the right-of-way will facilitate the construction of the facility and the creation of jobs. It also will minimize impact to other, undisturbed land at the Hyundai site which otherwise would be used for storage. The City Manager, in granting a noise variance, and the City's hearing officer, in upholding that ordinance, found a public benefit to be created by this project. E. Section 5. 040(m) of the Eugene Code authorizes the City Manager to "[ c ]lose or open any street to vehicular or pedestrian traffic. " F. The City Manager has considered the applicable criteria contained in Section 5.055 of the Eugene Code, and for the reasons discussed above and below, this action is consistent with those criteria. Those criteria are set forth and explained as follows: Administrative Order - 1 (1) Section 5.055(a), (b), (c), and (t) are not relevant. The closed segment does not serve as a vehicular route and all properties affected are in the ownership of Hyundai Corporation. The public does not require the use of the closed segment. (2) Section 5.055(d), (e), (i), G), (1) and (n) are not relevant. The closed segment does not serve as a vehicular route. The temporary closure will cause no public detriment. No community interest will be harmed. All properties affected by the temporary closure are in the ownership of Hyundai Corporation. The City's adopted transportation-related plans and policies do not require that the closed segment remain open. (3) Section 5.055(g) and (m) are relevant. All properties affected are in the ownership of Hyundai Corporation. Approval of this temporary closure will facilitate the development and use of abutting property. (4) Section 5.055(h) is relevant. The closed segment does not serve as a vehicular route to any property other than property owned by Hyundai. Until recently, Pitchford A venue was closed, thereby precluding the public from any access to it. As a result of the Hyundai construction activity, the need to barricade Pitchford Avenue is no longer necessary. The barricaded segment of street has not been used by pedestrians or vehicles. All properties affected are in the ownership of Hyundai Corporation. All other properties abutting the closed segment are served by access to other public streets. (5) Section 5.055(k) is relevant. The closed segment does not serve as a vehicular route, and consequently, the temporary closure will cause no public detriment and no community interest will be harmed. All properties affected are in the ownership of Hyundai Corporation. The temporary closure will promote the public welfare because the lease will generate revenue for the City. In addition, completion of the project will benefit the public welfare. Now, therefore, based on the above findings, which are hereby adopted, IT IS HEREBY ORDERED THAT: 1. That portion of Pitchford A venue running west from Willow Creek Road and ending at the westernmost boundary of Madrona Hills Business Park (approximately the westerly 990 feet) is hereby temporarily closed. 2. Hyundai shall construct traffic gates and place them so that they may be removed to facilitate the passage of any emergency vehicles. Hyundai shall obtain the City's approval before constructing and placing the gates. Hyundai shall post clearly visible signs, approved by the City Manager or designee, at the location of the gates and such other locations deemed appropriate by the City advising the public that entry is prohibited. Administrative Order - 2 3. This order shall take effect only after Hyundai has agreed to a right-of-way use Agreement approved by the City. Such Agreement shall require Hyundai to pay an annual right- of-way use fee established pursuant to Section 2.020 of the Eugene Code. The Agreement also shall require, among other provisions, that Hyundai restore the closed segment to at least as good a condition as it is in when the Agreement is signed, and indemnify and hold harmless the City for any actions related to this temporary closure of Pitchford Avenue and Hyundai' s use of the right-of-way during the period that a portion of Pitchford Avenue is closed. Dated this J ~ day of July, 1996. ~AJ~ City Manager Pro Tern Administrative Order - 3