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HomeMy WebLinkAboutItem 4: Ordinance Vacating Portion of West 4th Alley ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: An Ordinance Vacating the Portion of West 4 Alley Located Between th 4 and 5 Avenues and Lincoln and Charnelton Streets (VRI 12-3) thth Meeting Date: February 11, 2013 Agenda Item Number: 4 Department: Planning and Development Staff Contact: Steve Ochs www.eugene-or.gov Contact Telephone Number: 541-682-5453 ISSUE STATEMENT The City Council is scheduled to take action on an ordinance for a vacation request submitted by CB Simons on behalf of Simons Properties and CSA Oregon LLC. The proposed action involves the east/west right-of-way of West 4 Alley between Lincoln Street and Charnelton Street. th BACKGROUND As shown on the attached map, the applicant is requesting the City of Eugene to vacate the West 4 Alley right-of-way from Charnelton Street to Lincoln Street while retaining a public utility th easement over the alley. The area of the request is 4,669 square feet. The applicant is requesting the vacation to enhance safety on the property, improve access and create a better business environment on the property. On January 22, 2013, the City Council held a public hearing. At the public hearing, Cheryl Monson spoke on behalf of the applicant noting that safety concerns were only a part of the reason for the vacation request. She noted that the applicant wanted to make Americans with Disabilities Act (ADA) and access improvements on-site which were precluded with the existing alley location. The City Council also posed questions of staff which are discussed in more detail below. At the end of the hearing the City Council closed the record. City Council Questions At the hearing, Councilor Brown asked for information regarding past vacations and the reasons for the requests. Eight right-of-way vacation requests were received in the last 10 years. All requests were granted, although two did not proceed for reasons listed below.  VRI 04-1 / Oregon Research Institute – Alley vacation requested to consolidate site for development. Rescinded as development did not occur and same alley was later vacated by VRI 09-1.  VRI 06-1 / East Broadway Developments (Whole Foods) – Alley vacation requested to consolidate site for development. Development did not occur and application expired. S:\CMO\2013 Council Agendas\M130211\S1302114.doc  VRI 08-1 / University of Oregon Arena - Alley vacation requested to consolidate properties for construction of Matthew Knight Arena.  VRI 08-2 / University of Oregon – E. 13 - Vacation requested to consolidate unused right- th of-way into landscape area for arena.  VRI 09-1 / 10 and Olive – Alley vacation requested to consolidate properties for the th purpose of building Lane Community College Downtown Campus and apartments.  VRI 10-1 / University of Oregon – Moss Street - Vacation requested for construction of Moss Street parking project.  VRI 12-1 / Capstone/Peacehealth - Alley vacation requested to realign the existing alley for the development of a proposed student housing project.  VRI 12-2 / Eugene Hotel Retirement Center – Alley vacation requested to create a pedestrian promenade in front of new proposed commercial storefronts. Councilor Poling asked if the east end of the alley was already closed to vehicles. The alley is entirely open to vehicles, bikes and pedestrians at this point, although there is no through-traffic because the alley terminates at the jail. Councilor Poling also asked about further restrictions, guidelines and precedence for vacating alleys. The City Council has wide discretion with vacation requests as the sole approval criterion requires the council to determine if the vacation is in the public interest. To help assess this criterion, staff considers how the vacation not only benefits the applicant, but how this vacation serves broader City objectives. In addition, staff evaluates the function and overall benefit of the right-of-way, including vehicle, bike and pedestrian use, as well as utility service. This process includes consent from adjacent property owners as well as consultation with a variety of other public agencies. Ultimately, the City Council needs to weigh these considerations and determine whether, on balance, the vacation is in the public’s interest. City Council Determination In the evaluation of this particular application, staff believes this request shares some common elements of previously approved requests, but also includes some unique circumstances which further support approval. These include the following:  The applicant needs greater flexibility along the alley to make façade and access improvements to his tenant spaces to enhance their viability and success. These objectives are consistent with the City’s goals of supporting local businesses and the overall vitality of downtown.  The alley currently provides minimal value as an access route for the general public, given that the alley dead-ends at the jail. 5 Avenue serves as the primary access-way for th vehicles, bikes and pedestrians, which will be unaffected by this vacation.  The alley is primarily used by the applicant and his tenants, which will be retained for private use.  Due to its immediate proximity to the jail, this alley experiences a high degree of safety and nuisance-related incidents associated with recently released inmates. These circumstances S:\CMO\2013 Council Agendas\M130211\S1302114.doc are unique in comparison to general safety concerns that might occur on other alleys throughout the city.  Public utilities that run through the alley do provide an important community need and will be retained with a public utility easement. Detailed findings addressing these factors above are included in Attachment B of the draft ordinance. Requests for the vacation of public streets and alleys are 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 City conducted the public hearing in accordance with quasi-judicial procedures in State law and as set forth in EC 9.7065 through EC 9.7095. RELATED CITY POLICIES The Eugene City Council will address the relevant approval criteria 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. Consent of the required area has been provided, and public notice, and the hearing has occurred in accordance with statutory and local code requirements. The basic provision of necessary public services and facilities such as transportation and utilities in the area will be maintained. The attached findings (Attachment B, Exhibit C) demonstrate that the proposed vacation is in the public interest and consistent with city-wide and neighborhood policies. The vacation will enable building and access improvements along the alley and improve security for businesses in the area. The vacation will enable a better business environment and increase vitality in the area. Additionally, the City will receive a $36,450 assessment of benefit from the vacated right-of-way (see Attachment C) while adequate public rights-of-way remain to satisfy all access and traffic circulation needs in the vicinity. Approval of the vacation request therefore can be found to be in the public interest as required by the approval criteria, and consistent with the findings attached to the draft ordinance. COUNCIL OPTIONS 1.Adopt the ordinance as attached. 2.Adopt the ordinance with specific amendments. 3.Deny the ordinance. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the City Council approve the vacation request and adopt the ordinance as attached. S:\CMO\2013 Council Agendas\M130211\S1302114.doc SUGGESTED MOTIONS Move to adopt Council Bill 5084, an ordinance vacating the portion of West 4th Alley located between 4th and 5th Avenues and Lincoln and Charnelton Streets (VRI 12-3). ATTACHMENTS A.Map of Vacation Request B.Draft Ordinance (with Exhibits A – C) for Alley Vacation C.Vacation Assessment Memorandum D.Public Testimony FOR MORE INFORMATION Staff Contact: Steve Ochs Telephone: 541-682-5453 Staff E-Mail: steve.p.ochs@ci.eugene.o S:\CMO\2013 Council Agendas\M130211\S1302114.doc S:\CMO\2013 Council Agendas\M130211\S1302114.doc Attachment A: Map of Vacation Request ALLEY VACATION REQUEST FOR CB SIMONS (VRI 12-3) G MILL ALLEY TO BE VACATED DIMENSIONS 14' X 333.5' = 4669 SQ. FEET LANE COUNTY JAIL ´ Caution: This map is based on imprecise source data, subject to change, and for general reference only. Ft Legend 055110220 ATTACHMENT B ORDINANCE NO. _______ TH AN ORDINANCE VACATING THE PORTION OF WEST 4 ALLEY LOCATED THTH BETWEEN 4 AND 5 AVENUES AND LINCOLN AND CHARNELTON STREETS. 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 January 22, 2013, in Council Chambers, for the purpose of hearing protests and remonstrances to the proposed vacation of the following described right-of- way: ththth The portion of West 4 Alley located between 4 and 5 Avenues and Lincoln and Charnelton Streets, 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 entire 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 January 22, 2013, 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. Passed by the City Council this Approved by the Mayor this ______ day of _____________, 2013. _____ day of _______________, 2013. __________________________________ ___________________________________ City Recorder Mayor Ordinance - Page 1 of 1 Exhibit B C.B. Simmons Alley Vacation (VRI 12-3) Shaded area to be vacated 4,669 square feet Lane County Jail ´ Caution: Legend This map is based on imprecise source data, subject to change, Streets and for general reference only. Ft Taxlots November 27, 2012 065130260 Exhibit C Findings: th Vacation of West 4 Alley between Lincoln Street and Charnelton Street for Simons Properties and CSA Oregon, LLC (VRI 12-3) Background The Simons Properties and CSA Oregon, LLC requests a right-of-way vacation that includes the th entire West 4 Alley between Lincoln Street and Charnelton Street. The area subject to the request is 4,669 square feet. The applicant owns all properties that abut the right of way and on the entire block. The vacation will allow the applicant/property owner to create a more viable business environment, provide better security for tenants and customers of those tenants and will not negatively impact the transportation system, surrounding properties or emergency access. Retention of a Public Utility Easement across the entire alley area is proposed and will be required prior to vacating the right of way. 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 9.8725 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 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. 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. Vacation Findings th The following findings demonstrate that vacation of West 4 Alley between Lincoln Street and Charnelton Street is in the public interest. This determination is based on the conclusion that the th vacation of West 4 Alley between Lincoln Street and Charnelton Street is consistent with the City’s vision for the area, will provide efficient use of land and will not negatively impact the transportation system, the ability to provide utilities, surrounding properties, or emergency access. Exhibit C: Findings Page 1 Additionally, control of the site by the applicant will enhance the safety and attractiveness of the site. As a result, vacation of the requested alley segment will be in the public interest. Detailed findings to support these conclusions are provided below. The property is located within the boundaries of the Whiteaker Plan and the Skinner Butte mixed use subarea and is zoned S-W Whiteaker special area zone. The Whiteaker Plan’s overall vision and intent is to encourage economic vitality in the area by allowing a mix of uses and encourage actions that enhance the attractiveness of the area. Several businesses including a Cafe Yumm, Corporate Office, Playdom, a division of Disney Corp, Honn Design, Carpe Diem Core Align and Pilates Studio, Lindholm Company and Verb Marketing and PR are tenants on this block that is bisected by the alley. The Lane County Jail is located directly across Charnelton Street to the east. The applicant notes that non-tenant pedestrian traffic in the area has resulted in trespass, aggressive panhandling, theft, vandalism and unsanitary situations due to urination and defecation. Some of these circumstances appear to be related to its proximity to the jail. This alley is situated adjacent to the jail and is commonly used by inmates, upon their release. It is expected that the applicant will restrict public access to the alley, most likely at the east end. By controlling the alley and monitoring its use, the property owner will be able to reduce this problem. The vacation of the alley, even with retention of a PUE, will allow the applicant to make façade and access improvements that cannot currently occur due to setback and clearance requirements. Control of the entire th development site (the entire block between Lincoln St. and Charnelton St. and West 4 Ave and th West 5 Ave), will allow the applicant to provide a safer and overall more attractive and vibrant business environment on the site consistent with the vision for the area. Public Works and Fire staff confirms that adequate public rights-of-way exist to satisfy all access and traffic circulation needs in the vicinity. While this alley will not be required to remain open as a public alley, adjacent uses are all owned by the applicant and will continue to use the alley for deliveries and emergency access. th The vacation of West 4 Alley will not cause additional out of direction travel as it is not a through alley and ends in a “T” intersection at Charnelton Street. Vehicles, pedestrians and bicyclists th currently use West 5 Ave to the south as a through connection to the east or west. Therefore, th vacation of this alley will have no impact on the predominate travel route (West 5 Ave.) for vehicles, pedestrians and bicycles. Referral comments from Public Works staff, other affected City Departments and utility providers confirm the presence of utilities in the alley and 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 with the retention of a public utility easement over the alley as proposed by the applicant. The PUE could later be vacated when the utilities are properly abandoned or relocated. 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 from Public Works and letters of concurrence from EWEB confirm that utility, water and natural gas lines located in the street can be maintained by retaining a public utility easement. No other utility providers objected to the proposal of vacating the alley with retention of a PUE. Exhibit C: Findings Page 2 Conclusion Based on the available information, evidence and testimony received, the City finds that the right- th of-way vacation for the entire West 4 Alley between Lincoln Street and Charnelton Street as proposed by Simons Properties and CSA Oregon, LLC, will be in the public interest. Exhibit C: Findings Page 3