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HomeMy WebLinkAboutOrdinance No. 20482COUNCIL ORDINANCE NUMBER 20482 COUNCIL BILL NUMBER 5052 AN ORDINANCE VACATING A PORTION OF MOSS STREET LOCATED BETWEEN EAST 15 AVENUE AND EAST 17 AVENUE. ADOPTED: December 12,2011 SIGNED: December 16,2011 PASSED: 8:0 REJECTED: OPPOSED: ABSENT: EFFECTIVE: January 17, 2012 ORDINANCE NO, 20482 AN ORDINANCE VACATING A PORTION OF MOSS STREET LOCATED BETWEEN EAST 15 AVENUE AND EAST 17 AVENUE. The City Council of the City of Eugene finds that: A. On May 10, 2010, the University Of Oregon, with the consent Of the abutting property Owner(s), applied for vacation Of the portion Of the following described street: Portion Of Moss Street extending from East 15 Avenue to East 17 Avenue. The assessor's maps and tax lots for the properties abutting the proposed street vacation are: Assessor's Map 17- 03- 33 -33, Tax Lots 7200, 7500, 7700, 7800, 7900 8000 8100 8200 8300 8400; and Assessor's Map 17- 03- 32 -44, Tax Lot 1900, more particularly described in Exhibit A attached to this Ordinance. The street vacation is subject to the easements described in Exhibit B attached to this Ordinance. B. The City Council Of the City Of Eugene has approved an agenda setting a public hearing to be held at 7:30 p.m. On November 21, 2011, for the purpose Of hearing protests and remonstrances to the proposed vacation. C. On November 21, 2011, the City Council held a public hearing regarding ' the street 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 street right -Of- -way is in the public interest, as described in the Findings attached as Exhibit C to this Ordinance. Section 2 . The street right -Of- -way described in Exhibit A attached to this Ordinance is vacated subject to the easements described in Exhibit B attached to this Ordinance 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 12 day of December, 2011. Deputy 0 ity R corder Ordinance -Page 1 of 1 Ap roved by the Mayor this o day of December, 2011. Mayor Exhibit A MOSS STREET VACATION DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST X OF SECTION 33, TOWNSHIP SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN AND BEING THAT PORTION OF MOSS STREET BETWEEN THE SOUTH LINE OF 15 AVENUE EAST AND THE NORTH LINE OF 17 AVENUE EAST, IN THE CITY OF EUGENE, LANE COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 13, AMENDED PLAT OF FAIRMOUNT, AS PLATTED AND RECORDED IN VOLUME 2, PAGE 12, LANE COUNTY OREGON PLAT RECORDS; SAID POINT BEING THE INTERSECTION OFTHE SOUTHERLY LINE OF 15 TM AVENUE EAST WITH THE EASTERLY LINE OF MOSS STREET; THENCE ALONG THE • WEST UNE OF SAID BLOCK 13 SOUTH 1"48'11" WEST 733.94 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 13, SAID POINT BEING THE INTERSECTION OF THE EASTERLY LINE OF MOSS STREET WITH THE NORTHERLY LINe OF 17 AVENUE EAST; THENCE ALONG SAID NORTHERLY LINE OF 17 AVENUE EAST NORTH 88'11'52" WEST 80.00 FEET TO THE SOUTHEAST CORNER BLOCK 14 OF SAID AMENDED PLAT OF FAIRMOUNT, SAID POINT BEING THE INTERSECTION QF THE WESTERLY LINE OF MOSS STREET WITH THE NORTHERLY LINE OF 17 AVENUE EAST; THENCE ALONG THE EASTERLY LINE OF SAID BLOCK 14 NORTH 1 "'EAST 734.28 FEET TO THE NORTHEAST CORNER OF SAID BLOCK -14, SAID POINT BEING THE INTERSECTION OF THE WESTERLY LINE OF MOSS STREET WITH THE SOUTHERLY LINE OF 157" AVENUE EAST; - THENCE ALONG THE SOUTHERLY LINE OF SAID 15' AVENUE EAST SOUTH 871617" EAST 80.00 FEET TO THE POINT OF BEGINNING. ALL IN EUGEN E, LANE COUNTY. OREGON. Exhibit B, Page 1 of 2 LEGAL DESCRIPTION 15 FOOT P.U.E. BENEFITTING NORTHWEST NATURAL GAS A strip of land,'15.00 feet in width, located in the Southwest X of Section 33, Township 17 South, Range 3 West, Willamette Meridian and being a portion of Moss Street between the south line of East 15 Avenue and the north line of East 17 Avenue, in the City of Eugene, Lane County, Oregon, more particularly described as follows: BEGINNING at a point on the south line of East 15 Avenue South 87 0 56'57" East 50.94 feet from the Northeast corner of Block 14, AMENDED PLAT OF FAIRMOUNT, as platted and recorded in Volume 2, Page 12, Lane County Plat Records; thence along said south line of East 15 Avenue South 87 0 56'57" East 15.00 feet; thence leaving said south line South 1 °46'23" West 162.46 feet; thence South 88 0 13'37" East 10.00 feet; thence South 1 West 58.00 feet; thence North 88 0 13'37" West 10.00 feet; thence South 1 0 46'23" West 513.53 feet to a point on the north line of East 17 Avenue; thence along said north line North 88 0 11'52" West 15.00 feet; thence leaving said north line Borth 1 0 46'23" East 528.53 feet; thence South 88 °13'37" East 10.00 feet; thence North 1 0 46'23" East 28.00 feet; thence North 88 °13'37" West 10.00 feet; thence North 1 "46'23" East 177.54 feet to the Point of Beginning, all in Eugene, Lane County, Oregon. Exhibit B, Page 2 of 2 LEGAL DESCRIPTION 14 FOOT P.U.E. BENEFITTING E.W. E. B. A strip of land, 14.00 feet in width, located In the Southwest Y of Section 33, Township 17 South, Range 3 West, Willamette Meridian and being a portion of Moss Street between the south line of East 15t Avenue and the north line of East 17 Avenue, In the City of Eugene, Lane County, Oregon, more particularly described as follows: BEGINNING at a point on the south line of East 15 Avenue South 87 ° 56'57" East 6.33 feet from the Northeast corner of Block 14, AMENDED PLAT OF FAIRMOUNT, as platted and recorded in Volume 2, Page 12, Lane County Plat Records; thence along said south line of East 15 Avenue South 87 °56'57" East 14.00 feet; thence leaving said south line South 1 °31'03" West 734.21 feet to a point on the north line of East 17 Avenue; thence along said north line North 88 ° 11'52" West 14.00 feet; thence leaving said north line North r31'03" East 734.27 feet to the Point of Beginning, all In Eugene, Lane County, Oregon. r Exhibit C Findings: Vacation of Moss Street for the University of Oregon (VRI 10 - 4) Background The University of Oregon's requested right -of -way vacation includes Moss Street from East 15 Avenue south to East 17 Avenue. The area subject to the request is 1.35 acres (58,729 square feet). The vacation request is part of the University of Oregon's East Campus development plan which involves the vacation of portions of Moss Street and Columbia Street from the City. The University owns all properties that abut the right of way and is proposing to replace the existing on- street parallel parking with head in parking along Moss Street. This will increase the parking supply available for students, faculty and visitors. Segments of Moss Street north of 15 and Columbia Street just south of East 13 Avenue have been previously vacated and similarly converted to provide head in parking. 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 9.5725 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 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 thereo. f, including public right -of -way and improved public easements located therein, only if the council f nds that approval of the vacation is in the public interest. Public notice of the hearing for the vacation request has been provided 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. Moss Street Vacation Findings The following findings demonstrate that vacation of the portion of Moss Street between East 15 Avenue and East 17 Avenue is in the public interest. This determination is based on the conclusion that the vacation of the portion of Moss Street between East 15 Avenue and East 17 Avenue is consistent with all applicable adopted policies, will provide efficient use of land and will not Exhibit C: Findings Page 1 negatively impact the transportation system, surrounding neighborhoods or emergency access. Additionally, future planned development opportunities on the University of Oregon campus can be enhanced through the consolidation of the site. As a result, vacation of the requested street segment will be in the public interest. Detailed findings to support these conclusions are provided below. The requested vacation is related to major campus construction projects that have recently occurred on the University including the Matthew Knight Arena, Alumni Center and Academic Learning Center all of which have displaced existing parking in the campus area. Most recently, the East Campus Residence Hall is under construction which is displacing 311 parking spaces on campus which had been used for student, faculty and visitor parking. The University's 2010 Parking Plan replaces the lost supply of parking east and north of campus. Parking areas included in this plan that have been constructed include; the Northside Parking Project located north of Franklin Boulevard on Riverfiront Parkway ( 150 spaces); the Matthew Knight Arena Site Parking Garage (375 spaces); the former ODOT site and Romania SUV lot (196 spaces); Villard Alley Parking (56 spaces) and the Moss Street head in parking, which would include 107 spaces and is the subject of this vacation request. This street vacation request is therefore part of an overall plan to mitigate the impact of the recent parking losses on areas surrounding the University. Public Works staff has confirmed that adequate public rights -of -way exist to satisfy all access and traffic circulation needs in the vicinity. While the applicant notes that Moss Street will remain a two -way through street and the existing street width will be maintained, if vacated, Moss Street will not be required to remain open as a public street. While this street configuration will not be required to remain open as a public street, adjacent uses are all owned by the University and as necessary, adequate access including emergency access will be required through future building permits if the area redevelops. Adjacent uses on Moss Street include the new East Campus Residence Hall on the west side of Moss Street and the Moss Street Child Development Center on the east side of the street. The vacation of Moss Street will not cause additional out of direction travel as it is not a through street and ends in a "T" intersection at East 15 Avenue. Vehicles and bicyclists would need to go to Villard Street to the east or Agate Street to the .west to ' reach a through connections north to Franklin Boulevard with or without the vacation. 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 confirm that water and natural gas lines located in the street can be maintained by providing easements to EWEB and Northwest Natural Gas. Related City Policies —There are adopted policies in the Metro Plan and the applicable refinement plan (Fairmount/ U of O Special Area Study as amended by Ordinance 20312 and Ordinance 20460) that are relevant to the request. While these policies are not mandatory approval criteria, consistency with these policies demonstrates that the request is in the public interest. As described below the proposed vacation is consistent with relevant policies. Eugene- Springfield Metropolitan Area General Plan Policies Exhibit C: Findings Page 2 Transportation Element Policy F. 7 (Page III -F -6) Increase the use of motor vehicle parking management strategies in selected areas through -out the Eugene- Springfield metropolitan area. Parking management strategies are programs and programs that result in the more efficient use of parking resources. The vacation request and redevelopment to increase the parking supply is an element of a larger parking plan which replaces parking lost by recent construction projects on the University campus. This parking plan implements several known parking management strategies by; Providing for shared parking for students, faculty, visitors and event attendees at Hayward Field and the Matthew Knight arena; Regulating parking, as parking in these lots will be limited and/or metered; Increasing capacity of existing parking facilities, as reconfiguration of existing on- street parallel spaces to smaller head in spaces will almost double the number of spaces available on Moss Street between East 15 Avenue and East 17 Avenue (from approximately 60 spaces to 107 spaces). As parking management strategies are being and will be implemented the request is consistent with this policy. Transportation Element Policy F.13 (Page III -F -7) Support transportation strategies that enhance neighborhood livability. The 201 o University of Oregon Parking Plan reorganizes the parking supply east and north of campus. The parking plan, when combined with parking management strategies and residential parking programs, will help to reduce the pressure on the use of neighborhood residential streets for extended parking, and reduce the amount of cut - through traffic looking for parking over the long term. This strategy will help to enhance neighborhood livability consistent with this policy. Public Facilities and Services Element Policy G.4 (Page III -G -S) The cities and Lane County shall coordinate with EWER, SUB and special service districts operating in the Metropolitan area, to provide the opportunity to review and comment on proposed public facilities, plans, programs, and public improvement projects or changes thereto that may affect on another's area of responsibility. The City provided referrals to EwEB, Northwest Natural Gas and other service providers as part of the vacation process. EwEB and Northwest Natural Gas both have facilities in the existing right of way and have requested easements to protect their facilities. Easements will be retained as necessary to protect these facilities, consistent with this policy. Fairmount 1 U of 0 Special Study Area Policies (Fairmount SASS University of Oregon Lands Policies (East Campus Area) Policy 1 (As added by page 9 of Ordinance 20312) The City of Eugene and the Fairmount Neighbors recognize the current University- adopted East Exhibit C: Findings Page 3 Campus Policy as a statement of University Policy. The University of Oregon's 2003 Development Policy for the East Campus Area updated in 2004 is the adopted East Campus Policy. The document contains seven policy elements which guide development in the area. The City recognizes this plan as a statement of University Policy. University of Oregon Lands Policies (East Campus Area) Policy 2 (Page 25 Fairmount SAS) The City shall encourage the University to use its property in East Campus in an orderly fashion: intensity of use will be greatest near the already dense Central Campus Area (Agate Street and 15` "Avenue) and become less intense as properties approach low- density residential uses. The requested vacation will allow the University to provide additional parking adjacent to the new East Campus residence hall and in proximity to other University uses including the Matthew Knight Arena and Hayward field. The use of the area for parking and access provides for an efficient use of the area consistent with this policy. University of Oregon Lands Policies (East Campus Area) Policy 3 (Page 25 Fairmount SAS) The City shall encourage the University to use its land currently zoned PL (Public Land District) with energy and space efficient structures and land -use patterns. The area surrounding the vacation is currently zoned PL (Public Land). The creation of head in parking along the vacated portion of the street will increase the number of parking spaces available within the same area. This will allow a more efficient use of the land, consistent with this policy. Traffic Circulation Policy2 (Page 42 Fairmount SAS, renumbered to Traffic Circulation Policy 1 by Ordinance 20460) The adverse effects of motor vehicle movement shall be mitigated as much as possible. The requested vacation of Moss Street is part of the 2010 University of Oregon Parking Plan which reorganizes the supply of parking in the east and north campus area. The plan is an effort to replace parking that will be lost due to recent construction projects thereby lessening the University related parking impacts and cut - through traffic Impacts on the residential neighborhoods surrounding the University. The vacation of Moss Street will not cause additional out of direction travel as it is not 'a through street and ends with a "T" intersection at East 15 Avenue. Vehicles and bicyclists would need to go to Villard Street to the east or Agate Street to the west to reach through connections north to Franklin Boulevard, regardless of the vacation. A portion of the parking spaces resulting from the vacation could be used for Matthew Knight Arena parking. To address parking and traffic specifically related to arena events, the City, Fairmount Neighbors and University entered into a legal agreement called the "Arena Impact Mitigation Agreement ". The agreement incorporates a Transportation Demand Management Plan (TDM) Plan which includes traffic control plans, and an event parking district was created that Exhibit C: Findings Page 4 implements a residential parking permit program for the Fairmount Residential area during arena events. If mitigation is found to be insufficient, the agreement may be modified to address these issues. In this manner, adverse effects related to arena specific events can be addressed. Given the findings above, the proposal is consistent with this policy. Traffic Circulation Policy 9 (As added on Page 4 of Ordinance 20312 and renumbered as Traffic Circulation Policy 7 by Ordinance 20460) With the exception of alleys, vacations of streets within the state approved University East Campus boundary should not be permitted, unless the applicant, at his or her expense, provides to the City a local street connection study that demonstrates how the proposed street system remaining after such vacation meets the intent of the Eugene Code Street connectivity provisions and that such vacation will not increase traffic volumes on local residential streets. The applicant provided at their expense, a local street connectivity study, prepared by Branch Engineering. The study addresses Eugene Code street connectivity provisions found at EC 9.6815. The study concludes that after the street vacation, the street system will meet the intent of the street connectivity provisions. Additionally, the local street study notes that the vacation of Moss Street will not increase traffic volumes in the surrounding neighborhoods consistent with this policy. Parking Policy 1 (Page 45 Fairmount SAS) Steps shall be taken to gain better use of existing off - street parking areas and to discourage long -term storage of vehicles on the street. As proposed, the vacation will allow the University to create additional off - street parking areas as once under private ownership the spaces will not be considered on- street spaces. The creation of additional parking spaces will increase the overall availability of off - street parking in the area, consistent with this policy. Parking Policy 3 (Page 45 Fairmount SAS) The adverse effects of motor vehicle storage shall be mitigated as much as possible. As noted above, the vacation will allow the University to create additional off - street parking areas and combined with the parking district in the nearby residential areas will help to discourage long- term storage of vehicles, consistent with this policy. Parking Policy 4 (As amended on Page 4 of Ordinance 20312) Parking Systems adopted for any area within the Special Area Study should avoid creating parking problems for any other area or land use of the Fairmount Neighborhood by mitigating parking impacts on the surrounding neighborhood as directed by the City. The request does not include the adoption of a parking system. To the extent this policy is applicable to this vacation request, the proposal will allow an increase in the availability of off- Exhibit C: Findings Page 5 street spaces which in turn should decrease and not increase parking problems for other areas, consistent with this policy. Conclusion Based on the available information, evidence and testimony received, the City finds that the right - of -way vacation for Moss Street between East 15 I Avenue and East 17 Avenue as proposed by the University of Oregon (VRU 10- 1), will be in the public interest. Exhibit C: Findings Page 6