Loading...
HomeMy WebLinkAboutItem 4: Ordinance to Vacate Alley Adjacent to Eugene Hotel ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Vacating a Portion of High Alley, Located Between East Broadway and East Broadway Alley (VRI 12-2) Meeting Date: July 23, 2012 Agenda Item Number: 4 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 the Eugene Hotel Retirement Center. The 14-foot-wide right-of-way proposed for vacation is the segment of High Alley between East Broadway and East Broadway Alley, along the east side of the Eugene Hotel. The area of the request is 2,259 square feet (0.05 acre). Aerial context and area of request maps are included as Attachments A and B. BACKGROUND The public hearing date for the vacation request has been set for July 23, 2012. As noted above and shown on the attached maps, the applicant is requesting the City of Eugene to vacate the segment of High Alley between East Broadway and East Broadway Alley. The applicant owns the abutting properties: the westerly Eugene Hotel building, which is occupied primarily by a retirement center, but also includes ground-floor retail space; and the easterly parking lot. The purpose of this vacation is to facilitate the creation of a pedestrian environment with the establishment of new retail spaces along the abutting east wall of the Eugene Hotel building. The eastern ground-floor portion of the building has been without a tenant since the City vacated its offices in 2008. The applicant states that it has been difficult to market the space for retail uses because of its configuration and limited street visibility on East Broadway. Vacation of this 14-foot-wide alley would enhance visibility by creating storefronts along the east wall of the building. This concept will also help create more marketable retail space by increasing the possibilities for smaller, more functional lease spaces. 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. 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 City Manager’s Office for reference. S:\CMO\2012 Council Agendas\M120723\S1207234.doc Public Hearing Notice Notice of public hearing for the requested alley vacation has been provided in the following manner: On June 29, 2012, notice was mailed to property owners, interested parties, the officially recognized neighborhood group, the Downtown Neighborhood Association; on July 3, 2012, the property was posted in the immediate vicinity of the requested alley vacation; and on July 9, 2012, and July 16, 2012, legal notice was published in The Register-Guard newspaper. In response to this public notice, only one piece of public testimony has been received – from Luella Crow, a resident of the Eugene Hotel. Ms. Crow is in support of the requested vacation for safety and sanitation reasons. Any additional written testimony received prior to close of the public record will be forwarded to the City Council for consideration. Public comments, notice, and all other record materials are included in the City Council binder, which is available at the City Manager’s Office. 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 owned by the applicant. 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 right-of-way 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. Circulation and Access As noted above, the intent of the applicant’s requested vacation is to remove the current vehicle use from the alley and create a pedestrian-friendly environment, with a defined sidewalk, and potential storefronts along the east side of the hotel building for future tenants. Under existing conditions, pedestrians share the paved alley with vehicles, since the City’s design standards do not include sidewalks on alleys. Vehicle usage of this alley predominantly serves as access to the adjacent parking lot to the east, which is also owned by the applicant. However, this parking lot also has access from East Broadway as well as the East Broadway Alley. These access points will remain in place. Given these circumstances, adequate circulation and access will continue to be provided to properties on this block as well as the general public. S:\CMO\2012 Council Agendas\M120723\S1207234.doc The segment of High Alley south of the area of request (i.e. between East Broadway Alley and East 10th Avenue) will continue to be open to vehicular use, which is essential to the Greyhound Bus operations located to the southwest. Greyhound and City staffs have discussed the applicant’s request to confirm that the vacation of High Alley north of East Broadway Alley will not interrupt the bus operations. Further, the owner of the property occupied by Greyhound, GLI Realty Company, has signed a letter of concurrence to the applicant’s request. Utilities The applicant’s plan (Exhibit B) shows the location of existing utilities within the 14-foot-wide alley. Public Works staff, indicates that the existing wastewater system lies about 10 feet below grade and as such, recommends that14 feet of public utility easement (PUE) width is necessary for equipment access, trenching, and spoils storage. The applicant has requested that the westerly three feet of the alley remain unencumbered in order to provide flexibility in the future design of the proposed building façade improvements. Although the design details have not been completed, the private façade improvements are anticipated to need between one and three feet of width abutting the east wall of the existing building. As such, the applicant has requested that the PUE be limited to 11 feet in width. In lieu of reserving a 14-foot PUE over the entire 14 feet of right-of-way to be vacated, Public Works staff confirms that the applicant may provide the additional three feet on the east and/or west side of the proposed 11-foot PUE. The applicant is able to dedicate additional PUE width east of the existing right- of-way because the abutting land is a surface parking lot, which is also under the applicant’s ownership; The draft ordinance (Attachment C) includes a condition to allow flexibility in where the 14 feet of PUE is provided. Referral comments from other utility providers confirm that the proposed 11-foot PUE will adequately cover the existing underground utilities. This includes Comcast cable lines as well as an inactive EWEB steam line. As noted, the draft ordinance includes provisions to ensure adequate space for utility maintenance while providing the necessary flexibility for the applicant. These provisions will help to ensure that the public’s interest is met. 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 $50,800, which considered the value of the easement to be reserved by the City, as detailed in the attached Assessment Memorandum (Attachment D). The applicant is required to deposit that sum with the City. The City received a check in the amount of $50,800 from the applicant on July 10, 2012. 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. S:\CMO\2012 Council Agendas\M120723\S1207234.doc COUNCIL OPTIONS This item is scheduled for public hearing only. Council action will occur subsequent to the public hearing and the close of the record. Council action is scheduled for September 10, 2012, which is the first available meeting date following the council’s recess. Council action is required 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 then take action on the next available council meeting, September 10, 2012. 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 No motion is suggested as this item is set for deliberations and action on September 10, 2012. ATTACHMENTS A.Aerial Context Map of Alley Vacation Request B.Map of Alley Vacation Request C.Draft Ordinance (with Exhibits A – C) for Alley Vacation D.Alley Vacation Assessment Memorandum E.Map of Public Utility Easements FOR MORE INFORMATION Staff Contact: Becky Taylor, Associate Planner Telephone: 541/682-5437 Staff E-Mail: becky.g.taylor@ci.eugene.or.us S:\CMO\2012 Council Agendas\M120723\S1207234.doc ATTACHMENT C ORDINANCE NO. _______ AN ORDINANCE VACATING A PORTION OF HIGH ALLEY, LOCATED BETWEEN EAST BROADWAY AND EAST BROADWAY ALLEY. 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 July 23, 2012, in Council Chambers, for the purpose of hearing protests and remonstrances to the proposed vacation of the following described right-of- way: The portion of High Alley located between East Broadway and East Broadway Alley, as more particularly described in Exhibit A and depicted on the map attached as Exhibit B to this Ordinance, reserving a public utility easement over the easterly 11 feet of that entire 14 feet of right-of-way otherwise vacated, including a reservation of the right to enter thereon for purposes of construction, reconstruction, maintenance and repair. B. Notice was duly and regularly given of the public hearing, and on July 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. 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 applicant dedicates three feet of public utility easement abutting the 11 feet of PUE reserved within the right-of-way to be vacated. Ordinance - Page 1 of 2 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: Findings Background: The Eugene Hotel Retirement Center (Applicant) requests the vacation of the segment of High Alley abutting the east boundary of the hotel building, between East Broadway and East Broadway Alley. The area of requests consists of 2,259 square feet of public right-of-way that is 14 feet in width and approximately 161 feet in length. The alley is currently open to vehicular, bicycle, and pedestrian use and contains public utilities. The vehicular use of this segment of the alley is primarily to provide access to and from the parking lot, abutting the alley to the east, which is also owned by the applicant. Pedestrians share the paved surface with vehicles, as sidewalks are not required as part of the City’s design standards for alleys. The eastern ground-floor portion of the hotel building, abutting the alley proposed for vacation, has been without a tenant since the City of Eugene vacated its engineering offices in 2008. The applicant has had difficulty marketing the space because of its limited street frontage and visibility abutting East Broadway, to the north. The applicant’s requested alley vacation is to remove the vehicle use from the alley and create a pedestrian-friendly environment, with a defined sidewalk, and potential storefronts along the east side of the hotel building for future tenants. 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 Exhibit C: Findings abutting and affected owners, and payment of a special assessment for the area of vacated 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 that the public interest is maintaining the function of existing underground utilities in the alley. The applicant’s plan (Exhibit B) shows the location of the alley to be vacated, relative to existing utilities, and delineates the proposed reservation of an 11-foot wide public utility easement (PUE) over the easterly portion of the 14-foot wide alley. Referral comments from utility providers confirm that the proposed 11-foot PUE covers the existing underground utilities. Comcast staff verifies that cable lines are located under the segment of alley proposed for vacation. The Eugene Water and Electric Board (EWEB) staff confirms that there are no electric or water services in the subject alley and that neither utility is needed in this location to serve properties in the area. EWEB notes, however, that there is existing steam infrastructure under the alley, but that the system is currently not active; EWEB confirms that the infrastructure may stay in place, as proposed by the applicant. Both Comcast and EWEB staff concur with the applicant’s proposed 11-foot PUE along the eastern portion of the proposed 14 feet of right-of- way to be vacated. Public Works staff, however, indicates that, given the depth of the wastewater system (about ten feet), 14 feet of PUE width is necessary for equipment access, trenching, and spoils storage. In lieu of reserving a 14-foot PUE over the entire 14 feet of right-of-way to be vacated, Public Works staff confirms that the applicant may provide the additional three feet on the east and/or west side of the proposed 11-foot PUE. The applicant desires this flexibility because a design of the proposed building façade improvements has not been completed. The private improvements are anticipated to need between one and three feet of width abutting the east wall of the existing building. The applicant is able to dedicate additional PUE width east of the existing right-of-way because the abutting land is a surface parking lot, which is also under the applicant’s ownership; however, the applicant would like to limit the PUE encumbrance on that easterly property to the minimum necessary in order to enable future improvements along the parking lot, such as landscaping and a retaining wall. The draft ordinance (Attachment C) includes a condition of effectiveness to address the manner in which 14 feet of PUE is provided. The intent of the applicant’s requested vacation is to remove the current vehicle use from the alley and create a pedestrian-friendly environment, with a defined sidewalk, and potential storefronts along the east side of the hotel building for future tenants. The portion of the building abutting the alley proposed for vacation has been without a tenant since the City of Eugene vacated its engineering offices in 2008. The applicant has had difficulty marketing the space because of its limited street frontage and visibility abutting East Broadway, to the north. Under existing conditions, pedestrians share the paved alley with vehicles, since the City’s design standards do not include sidewalks on alleys. Vehicle usage of the alley is predominantly to access the adjacent parking lot to the east, which is also owned by the applicant. The segment of High Alley south of the area of request (i.e. between East Broadway Alley and East Exhibit C: Findings 10th Avenue) will continue to be open to vehicular use, which is essential to the Greyhound Bus operations located to the southwest. Greyhound and City staffs have discussed the applicant’s request to confirm that the vacation of High Alley north of East Broadway Alley will not interrupt the bus operations. Further, the owner of the property occupied by Greyhound, GLI Realty Company, has signed a letter of concurrence to the applicant’s request. Conclusion: The applicant’s requested right-of-way vacation is in the public interest, based on the above facts and the terms of the ordinance, to provide an enhanced pedestrian environment in the downtown core and to enable the existing vacant portion of the building to be fully utilized for commercial use. Exhibit C: Findings Attachment E Public Utility Easement Map East Broadway . Eugene Hotel Surface parking lot Legend Existing 14' R/W Proposed 11' PUE Additional 3' PUE to be provided either inside and/or outside existing right-of-way Broadway Alley ´ Caution: Legend This map is based on imprecise source data, subject to change, Taxlots and for general reference only. Ft Water Bodies 0102040 July 16, 2012