HomeMy WebLinkAboutItem 3: Ord. Vacating W 12th Ave, between Olive and Willamtte and Willamette Alley
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
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Public Hearing: An Ordinance Vacating West 12 Avenue, Located between
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Olive Street and Willamette Street, and Willamette Alley, Located between West 12
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Avenue and West 13 Avenue (VRI 12-1)
Meeting Date: April 23, 2012 Agenda Item Number: 3
Department: Planning and Development Staff Contact: Becky Taylor
www.eugene-or.gov Contact Telephone Number: 541/682-5437
ISSUE STATEMENT
The City Council will hold a public hearing on a right-of-way vacation request submitted by Capstone
Collegiate Communities, LLC (herein referred to as “Capstone”). The property affected by this proposed
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action is the segment of West 12 Avenue (which functions as an alley) between Olive Street and
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Willamette Street and the northern portion of the segment of Willamette Alley, between West 12
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Avenue and West 13 Avenue. Aerial context and area of request maps are included as Attachments A
and B. Attachment C shows the applicant’s proposed right-of-way dedication.
BACKGROUND
The public hearing date for the vacation request has been set for April 23, 2012. As noted above and
shown on the attached maps, Capstone is requesting the City of Eugene to vacate the segment of West
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12 Avenue, between Olive Street and Willamette Street, and the northern portion of Willamette Alley,
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between West 12 Avenue and West 13 Avenue. The area of the request is 13,478 square feet (0.31
acres). Capstone is proposing to develop the adjacent lands, currently owned by Peace Health, with
multi-family housing. Capstone is also in the process of purchasing an adjacent parcel (Tax Lot 900 of
Assessor’s Map 17-03-31-42) owned by David R. Lyons Trust to include in the development site.
The vacation is requested to facilitate construction of development over the existing right-of-way, at the
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ground level on West 12 Avenue and above ground (building stories three through five) over
Willamette Alley. The proposed redevelopment of the site with student housing would implement the
City’s vision for an active and vibrant downtown. The development enabled by the proposed vacation
request would also facilitate improved pedestrian and bicycle safety by separating the current vehicle
access from the proposed pedestrian and bicycle environment, and realigning the east-west bicycle and
pedestrian connection through the site for a more direct connection between Olive and Willamette
Streets. If the vacation request is approved, the proposed realignment of the pedestrian and bicycle way
through the site is expected to operate more safely and efficiently than the existing irregular alignment
that is also open to vehicles.
The vacation request process serves as a means to evaluate the need for public-ways as land develops
and uses change over time. This request for vacation is being 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 hearing is being conducted consistent with quasi-
judicial procedures in State law and as set forth in EC 9.7065 through EC 9.7095.
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A complete copy of the application along with other documents and information related to the vacation
request including a written statement, consent forms and written testimony are contained in a binder that
has been placed in the Council Office for reference.
Public Hearing Notice
Notice of public hearing for the requested alley vacation has been provided in the following manner: On
March 29, 2012, notice was mailed to property owners, interested parties, the officially recognized
neighborhood group, the Downtown Neighborhood Association, as well as the adjacent neighborhood
groups, the Jefferson Westside Neighbors and the West University Neighbors; on April 9, 2012, the
property was posted in the immediate vicinity of the requested alley vacation; and on April 9, 2012, and
April 16, 2012, legal notice was published in The Register-Guard newspaper.
Public comments received in response to the public notice are included in the council binder, which at
this time consists of the following: an email dated April 14, 2012, from Jozef Siekiel-Zdzienicki; a
letter dated April 15, 2012, from Hugh Prichard; and five emails dated April 16, 2012, from Paul Conte
with attachments that include his testimony and copies of the applicant’s application materials for the
subject vacation, Traffic Impact Analysis and MUPTE applications, copies of documents from LUBA
No. 2011-112, the Metro Plan, and the Downtown Plan.
Mr. Zdzienicki’s testimony requests that the new alley be 24 feet in width to provide wheelchair,
pedestrian, and bicycle facilities with landscaping on both sides. The City Engineer has evaluated the
proposed bicycle/pedestrian connection through the site and recommends specific improvements to
enhance safety, but otherwise finds the proposed 20-foot width to be sufficient; the staff
recommendation is provided in Exhibit C (findings) to the draft Ordinance, included as Attachment D.
Mr. Prichard’s testimony is in support of Capstone’s application. Mr. Prichard is a 35-year property
owner in the “affected area,” and is the former Executive Director of the Eugene Clinic which was
located on the subject site. Mr. Prichard’s testimony notes that, as a regular user of the subject right-of-
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way, he has witnessed many near misses due to the misalignment of West 12 Avenue. Staff agrees that
the proposed realignment of the east-west bicycle/pedestrian connection will be a significant
improvement, as further discussed in the findings provided in Exhibit C to the draft ordinance, included
as Attachment D.
Mr. Conte’s testimony identifies several issues including an allegation that the public notice should have
explained that participants may request that the City continue the hearing or keep the record open. In
response to this allegation, the City Attorney’s office has explained that any potential procedural error in
the City’s notice is remedied by the facts that Mr. Conte has made such a request in his testimony and
that the record will therefore be held open for a minimum of seven days following close of the public
hearing. Mr. Conte also alleges deficiencies with respect to the required payment of a deposit for the
assessment of special benefit and the consent from surrounding property owners. As the record
demonstrates, the various application requirements noted in Mr. Conte’s testimony have been addressed.
The required consent from surrounding property owners, and the applicant’s payment of an assessment
for the vacated area, are further addressed below. It is also noted that the initial filing fees are waived
for all land use applications in the downtown area, as set by the City’s adopted fee schedule, although
the applicant has been charged for publication of the vacation notice. The approval criterion for the
vacation is also further addressed below, and in the findings attached to the draft ordinance. That sole
approval criterion requires that the council find that approval will be in the public interest, which allows
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relatively broad discretion in determining compliance. While the various Metro Plan policies and
Statewide Planning Goals cited in Mr. Conte’s testimony are not applicable as approval criteria for the
vacation, to the extent they are relevant and help the council to form an opinion, they can be considered.
Any additional written testimony received prior to close of the public record will be forwarded to the
City Council for consideration.
Consent of Abutting and Affected Property Owners
In accordance with ORS 271.080, the applicant has provided evidence of consent to the alley vacation
from owners of at least two-thirds of the property within the affected area. ORS 271.080 also requires
the applicant to obtain concurrence from all abutting property owners. The abutting lands are primarily
owned by Peace Health, which has consented to the vacation request, with the expectation that the
applicant will purchase the property. The proposed ordinance includes an effective date provision that
will ensure the vacation only occurs if (and when) the City issues permits for construction of the
Capstone project. The other abutting land owner is David Lyons, who owns the property located at 1210
Willamette Street (Tax Lot 900 of Assessor’s Map 17-03-31-42). As shown on the applicant’s map of
the subject request, Mr. Lyon’s property is excluded from the proposed development boundary;
however, the applicant intends to purchase and include Mr. Lyon’s property in the proposed
development. Mr. Lyon’s consent is conditioned on Capstone purchasing his property. The proposed
ordinance includes a provision that makes the proposed vacation contingent upon the applicant’s
acquisition of Mr. Lyon’s property.
The affected area per ORS is an area that is 200 feet on either side of the right-of-way and 400 feet
beyond each end of the right-of-way to be vacated. Included in the application materials is a map
showing the affected area and identifying properties with signed consent forms for the vacation request.
Applicable Criteria
The Eugene City Council must determine whether the consent of the owners of the requisite area has
been obtained and whether notice has been duly given, and must address the relevant approval criterion
from EC 9.8725 in making a decision on the proposed street 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.
As noted above, consent of the required area must be provided before council action, which is now
scheduled for May 9, 2012. Public notice has been given in accordance with statutory and local code
requirements. The vacation request was referred to affected City departments and public utility service
providers; referral responses indicate the following public interests:
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West 12 Avenue contains public utilities including wastewater, stormwater, and gas, and
provides a heavily-used bicycle and pedestrian connection between Olive and Willamette Streets
Willamette Alley contains public utilities including wastewater, cable, electric, and steam
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To maintain the bicycle and pedestrian connection through the development site between Olive and
Willamette Streets, as part of the redevelopment project and MUPTE package, the applicant proposes to
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dedicate a new right-of-way. The new right-of-way will be located just south of the existing West 12
Avenue right-of-way that is proposed for vacation. The new right-of-way will be a consistent width of
20 feet, whereas the existing right-of-way width varies through the site. The alignment of the new right-
of-way is an improvement over existing conditions, as it will align more directly with the existing public
access way east of Willamette Street. The applicant will be constructing related public improvements to
facilitate the realigned public bicycle and pedestrian facility, which will include the following: 1) a 10-
foot-wide, two-way bicycle facility that is clear of obstructions and separated from pedestrians, within
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the new 20-foot right-of-way; 2) a bicycle crossing island at the intersection of West 12 Avenue and
Olive Street that prohibits left turns for automobiles; and 3) a replacement crosswalk within Willamette
Street that aligns the proposed bicycle connection through the site with the existing bicycle way east of
Willamette Street. The applicant has agreed to provide these improvements at their expense. The design
of the improvements will be subject to approval by the City Engineer and the costs of the improvements
will be required to be bonded, as part of the Privately-Engineered Public Improvement (PEPI) permit
process. The replacement right-of-way dedication and public improvements are conditions of the
MUPTE approval and the construction of the proposed housing development. As such, the public
interest in the bicycle and pedestrian connection through the site will be addressed and the existing right-
of-way can be vacated.
To address the need for maintenance access to the existing utilities within the rights-of-way to be
vacated, City staff and other utility providers, including Century Link, Comcast, Eugene Water &
Electric Board (EWEB), and Northwest Natural Gas, recommend that the City reserve a public utility
easement (PUE) over the entire right-of-way area proposed for vacation. Reservation of a PUE will
ensure that the utility companies can access their utilities and will prohibit construction within the PUE
until the utilities are properly relocated and abandoned. As part of the development project, the applicant
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intends to relocate the utilities located in the existing West 12 Avenue right-of-way. Once that has
occurred, the applicant intends to request that the City vacate the PUE over that area. The applicant
proposes to move the necessary utilities within the new public right-of-way to be dedicated as part of the
MUPTE. The PUE to be reserved over the existing Willamette Alley to be vacated will likely remain in
perpetuity, as the applicant proposed to rededicate this area back to the public in the same configuration
but without the automobile use. Staff believes that the vacation (with a PUE reservation) addresses the
public interest in the Willamette Alley right-of-way because this segment of alley is not a critical
bicycle/pedestrian connection, as through access is prevented by existing development to the north, but
is needed for underground utilities. The PUE reservation will exclude air rights so that the development
can construct the proposed third through fifth stories of the building over this area. The applicant has
proposed to dedicate a new, more southerly alley to provide a vehicular connection between Willamette
Street and Willamette Alley. City staff does not believe there is a compelling public need for such a
connection and recommends against accepting such a dedication as part of this vacation application.
Instead, the applicant could consider providing this connection as a private alley. The applicant’s
proposed right-of-way dedication is shown in Attachment C.
Exhibit C to the Ordinance (Attachment D to this AIS) provides findings to show how the vacation
request is consistent with the above approval criterion. It remains within the council’s purview to
determine whether the proposed vacation is in the public interest and, if not, to deny the vacation or to
identify additional requirements necessary to make the request support the public interest.
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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. The amount of money to be deposited is to be determined by the
City Manager. Pursuant to the City Code, the City provided a notice of the assessment 20 days prior to
the public hearing. At that time, the assessment was determined to be $314,278.00; however, a more
accurate valuation was then conducted that considered the value of the easements to be reserved by the
City and of the replacement right-of-way to be improved and dedicated to the City as part of the
development. This resulted in a revised assessed value of $136,000, as detailed in the attached
Assessment Memorandum (Attachment E). The applicant is required to deposit that sum with the City.
If the application is approved and the vacation becomes effective, the deposit will be retained by the
City; if the application is denied or the vacation fails to take effect for another reason, the money will be
returned.
RELATED CITY POLICIES
Approval criteria for vacation requests (the full text is included above) are located at EC 9.8725
which requires the council to find that approval of the vacation request is in the public interest.
COUNCIL OPTIONS
This item is scheduled for public hearing only, however, council action is required within 30 days of the
close of the record following the public hearing to:
1. Approve the vacation request by ordinance;
2. Modify and approve the vacation request by ordinance; or,
3. Deny the vacation request by ordinance.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the City Council hold and close the public hearing on the vacation
request, and take action within 30 days of close of record in order to comply with statutory and local
code requirements. 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.
SUGGESTED MOTION
I move to hold the record open for any written evidence, argument or testimony until 5:00 p.m. on April
30, then open for an additional seven-day period until 5:00 p.m. on May 7 for any party to submit
written argument (but not new evidence) to respond to issues already raised, then, unless the applicant
waives its right, to allow the applicant seven additional days, until May 14 at 5:00 p.m., to submit final
written argument.
ATTACHMENTS
A.Aerial Context Map of Alley Vacation Request
B.Map of Alley Vacation Request
C.Map of Proposed Right-of-Way Dedication
D.Draft Ordinance (with Exhibits A – C) for Alley Vacation
E.Alley Vacation Assessment Memorandum
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FOR MORE INFORMATION
Staff Contact: Becky Taylor, Associate Planner
Telephone: 541/682-5437
Staff E-Mail: becky.g.taylor@ci.eugene.or.us
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ATTACHMENT D
ORDINANCE NO. _______
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AN ORDINANCE VACATING THE WEST 12 AVENUE RIGHT-OF-WAY
LOCATED BETWEEN WILLAMETTE STREET AND OLIVE STREET; AND
VACATING A PORTION OF THE WILLAMETTE ALLEY RIGHT-OF-WAY
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LOCATED BETWEEN 12 AVENUE AND 13 AVENUE; AND PROVIDING
AN EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A.
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 April 23, 2012, in Council Chambers, for the purpose of
hearing protests and remonstrances to the proposed vacation of the following described right-of-
way:
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The West 12 Avenue right-of-way located between Willamette Street and Olive
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Street and a portion of the Willamette Alley right-of-way located between 12
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Avenue and 13 Avenue, as more particularly described in Exhibit A and
depicted on the map attached as Exhibit B to this Ordinance, reserving a public
utility easement under and across that entire right-of-way otherwise vacated,
including a reservation of the right to enter thereon for purposes of construction,
reconstruction, maintenance and repair, but not reserving rights pertaining to the
air space above the right-of-way.
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B.
The applicant will be dedicating a new West 12 Avenue right-of way
having a consistent width of 20 feet, located more directly with the existing public access
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way east of Willamette Street just south of the West 12 Avenue right-of-way being
vacated. The applicant will improve this replacement right-of-way to accommodate a
bicycle and pedestrian connection through the site.
C.
Notice was duly and regularly given of the public hearing, and on April 23, 2012,
the City Council held a public hearing and heard all objections to the proposed 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 right-of-way is in the
public interest, as described in the Findings attached as Exhibit C to this Ordinance.
Section 2
. The right-of-way described and depicted on Exhibits A and B attached to this
Ordinance is vacated subject to the easement described in Finding A, above, 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.
Ordinance - Page 1 of 2
Section 4.
Notwithstanding the effective date of Ordinances as provided in the Eugene
Charter of 2002, this Ordinance and the vacation described herein shall become effective on the
date the City issues a building permit for construction of the structural shell of a multi-story
residential building proposed by Capstone Collegiate Communities LLC, located north of the
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West 12 Avenue right-of-way to be vacated, so long as by that date, Capstone Collegiate
Communities LLC (or its affiliate) has acquired fee title to Tax Lot 17-03-31-42-900.
Passed by the City Council this Approved by the Mayor this
______ day of ______________, 2012. _____ day of ______________, 2012.
__________________________________ ___________________________________
City Recorder Mayor
Ordinance - Page 2 of 2
Exhibit C:
DRAFT Findings
Background:
Capstone Collegiate Communities, LLC (Applicant) has requested the vacation of 13,478 square
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feet of public right-of-way, which includes the segment of West 12 Avenue right-of way
located between Willamette Street and Olive Street (which functions as an alley) and the
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northerly portion of the segment of Willamette Alley located between West 12 Alley and West
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13 Avenue. Both “alleys” are open to vehicular, bicycle, and pedestrian use and contain public
utilities. The applicant proposes to provide replacement public ways that will not allow vehicles
but that will maintain bicycle and pedestrian access through the site. The applicant also
proposed to dedicate a new public alley for vehicle use, to provide a connection between the
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north terminus of the existing alley to remain north of West 13 Avenue and Willamette Street,
just north of the Florence Apartments; however, the City does not accept that right-of-way
because there is no compelling public need. The right-of-way vacation reserves for the City a
public utility easement to continue accommodate existing utilities; those utilities will be
relocated at a later time. The applicant proposes to redevelop the site with multiple-family
dwellings, in a manner that is expected to: offer economic opportunities to the community;
provide a safe and efficient transportation system; and implement the City’s vision for an active
and vibrant downtown.
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 Eugene Code (EC) 9.8700-9.8725 and Oregon Revised Statutes (ORS) 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 vacation 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.
The required public notice and hearing have occurred on the vacation request in accordance
with applicable statutory and local code requirements. Consent for the vacation request from
abutting and affected owners, and payment of a special assessment for the area of vacated
Exhibit C: Findings
{00067184;2 }
right-of-way, are required by statutes and local code. The vacation request was referred to
affected City Departments and public utility service providers; referral responses indicate the
following public interests:
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West 12 Avenue contains public utilities, including wastewater, stormwater, and gas,
and provides a heavily-used bicycle and pedestrian connection between Olive and
Willamette Streets.
Willamette Alley contains public utilities, including wastewater, cable, electric, and
steam.
The following findings demonstrate that the vacation request is in the public interest. This
determination is based on the facts that the vacation, by the terms of the ordinance, will only
take effect if the applicant’s development project proceeds to permitting and that, through
other City actions, the applicant’s development project will include replacement of public
infrastructure and enhancement of the bicycle and pedestrian connection through the site as
more specifically described below. 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, which require bicycle and pedestrian amenities such as bicycle parking and
pedestrian connections. The Eugene Code will also require the developer to obtain Traffic
Impact Analysis approval, which evaluates the developments impact on the transportation
system and requires the developer to mitigate those impacts at its expense.
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West 12 Avenue
The applicant proposes to vacate the current right-of-way, which has an angled alignment and
an uneven width, and rededicate a new alley that would be a uniform 20 feet between Olive
and Willamette Streets. The new alley would be just south of the existing alley, in a more direct
alignment with the existing public access way on the east side of Willamette Street. The
applicant proposes to relocate public infrastructure within the new public way, including
wastewater, stormwater, bicycle and pedestrian improvements.
The existing public alley between Olive Street and Willamette Street is heavily used by bicycles
and pedestrians. Redevelopment of the site will include dedication of a new 20 foot wide public
alley for bicycles and pedestrians to continue to address this public interest. The new alley will
include a 10-foot wide clear zone for bicyclists, free from obstructions and designed in a
manner that minimizes potential conflicts. The future alley alignment benefits bicycles and
pedestrians by providing a straight alley and without conflicts with automobiles, as vehicular
movement will not be allowed in the rededicated alley location. To accommodate the new alley
alignment, the developer will install related amenities in the adjacent Olive and Willamette
Streets, as follows: 1) a bicycle crossing island at the intersection of West 12th Avenue and
Olive Street that prohibits left turns for automobiles; and 2) a replacement crosswalk within
Willamette Street that aligns the proposed bicycle connection through the site with the existing
bicycle way east of Willamette Street. All improvements will be subject to a more detailed
Exhibit C: Findings
{00067184;2 }
review for design elements during the Privately-Engineered Public Improvement (PEPI) permit
process, in which the applicant pays for all associated engineering, construction, and inspection
costs. The new right-of-way dedication and related public improvements for the realigned
public bicycle and pedestrian connection through the site, between Olive and Willamette
Streets, is a condition of MUPTE approval, which is essential to the applicant’s development of
the site.
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The existing West 12 Avenue right-of-way also contains public utilities, including wastewater
and stormwater facilities. Referral comments from other utility providers confirm the presence
of additional utilities, including a gas line. As such, a public utility easement (PUE) will be
reserved under and through the existing public right-of-way to maintain access to the existing
underground infrastructure. The PUE may later be vacated when the utilities are properly
abandoned or relocated. The applicant proposes to relocate the infrastructure within the new
public right-of-way dedication. The applicant proposes construction above the new public right-
of-way, from the third to fourth stories of the proposed building.
Willamette Alley
The portion of Willamette Alley being vacated by this ordinance is not a critical
bicycle/pedestrian or vehicular connection. The applicant has proposed to later rededicate the
area back to the public for bicycle, pedestrian, and utility purposes, but the City has concluded
that a public utility easement to retain and maintain the existing underground public
wastewater, cable, electric, and steam systems is the only reservation needed to address the
public interest. The applicant will retain air rights in order to build the third through fifth stories
of the building over the public utility easement.
The Public Interest
The public interest in the area was examined in the City’s recent compilation of the Eugene
Downtown Plan (EDP). The City’s aspirational vision as reflected in the EDP is to establish the
downtown area as a strong regional, community, and cultural center. To achieve this vision, the
City plays a proactive role in promoting the desired high-density and high-quality development
investment downtown. Without the vacation of the alley rights-of-way, the applicant will be
unable to move forward with its development proposal for the site. That development
proposal is to locate a large, privately-funded, residential development for student housing in
the downtown area, within a block of the downtown transit center. This development will
provide the opportunity for dense, urban, downtown living, consistent with the City’s vision of
providing compact urban development with easy access to a variety of transportation options.
The addition of a student housing development consisting of approximately 230 apartments
with 725 bedrooms on the site will add both density and vitality to the downtown, consistent
with City goals, and allow hundreds of new downtown residents to live, shop, eat and enjoy
cultural amenities downtown.
Exhibit C: Findings
{00067184;2 }
In addition to jobs the development will provide in the construction industry, the additional
residents within walking distance of businesses will strengthen downtown’s position as a
service center and central business district. The use and location of the proposed development
will promote the efficient use of existing public facilities and encourage alternative modes of
transportation, as residents will have access to services downtown and to the University of
Oregon, by walking, bicycling, or transit. The downtown transit station is located within a block
to the north, which provides transit service to the Eugene-Springfield area, including a Bus
Rapid Transit system that connects to Springfield and the Riverbend Hospital. This convenience
promotes and supports the use of alternative transportation.
The development site is surrounded on all sides by commercially-zoned lands. With regard to
nearby residential development, a residential facility for seniors abuts the north boundary of
the proposed development; otherwise, residential neighborhoods are located a block to the
south and about three blocks to the east and west. The development plan responds to potential
impacts to these developments by providing substantial parking spaces (for both vehicles and
bicycles) within the development, as overflow parking onto the streets and into the
neighborhoods is a frequent concern of residents. With regard to traffic, residents will have
easy access to alternative modes of transportation, as discussed above. Further, the traffic
generated by the proposed development will be more precisely evaluated as part of a required
Traffic Impact Analysis review, which studies the development’s impact on the transportation
system and results in the developer providing necessary mitigation measures at their expense.
To further protect the livability of both downtown and nearby residential neighborhoods, the
development will be required to comply with all applicable commercial code standards, based
on the C-3/TD (Major Commercial with Transit Oriented Development Overlay) zoning of the
property. These standards are in place to ensure that development occurs in a manner that is
complementary with the community by increasing opportunities for alternative modes of
transportation, promoting safe pedestrian systems, and preventing crime through design.
These standards address elements such as bicycle parking, landscaping, garbage screening,
delivery and loading facilities. The City also enforces noise regulations, which apply beyond the
construction of the proposed development to the on-going activities of the development and
its residents.
Conclusion:
The ability to redevelop this property in a consolidated manner enhances the economic viability
of the site. The vacation will result in a safe and efficient transportation system, an improved
bicycle and pedestrian connection through the site, and a redevelopment project that provides
compact urban growth and adds density and vitality to the downtown area. The proposal is
consistent with the City’s vision for this area as reflected in the Eugene Downtown Plan and
related policy documents. The project will result in substantial economic opportunities for the
construction trade and downtown businesses, and the additional employment opportunities
will benefit the entire community. The City will continue to work with the downtown and
nearby neighborhoods to address livability concerns through appropriate programs.
Exhibit C: Findings
{00067184;2 }
Based on the above findings, substantial evidence and testimony received, the City finds that
the requested right-of-way vacation will be in the public interest.
Exhibit C: Findings
{00067184;2 }