HomeMy WebLinkAboutItem 16 Right of Way Vacation Affecting a Portion of Commercial Avenue and A StreetAGENDA ITEM SUMMARY Meeting Date: 10/20/2014
Meeting Type: Regular Meeting
Staff Contact/Dept.: Len Goodwin/DPW Chris Moorhead/DPW
Staff Phone No: X3685/X1011
Estimated Time: 15 minutes S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Maintain and Improve
Infrastructure and Facilities
ITEM TITLE: RIGHT OF WAY VACATION AFFECTING A PORTION OF COMMERCIAL AVENUE AND A STREET
ACTION
REQUESTED:
Adopt/not adopt the following : A RESOLUTION OF THE COUNCIL OF THE
CITY OF SPRINGFIELD TO INITIATE A VACATION OF PUBLIC RIGHT OF WAY OF A PORTION OF COMMERCIAL AVENUE AND “A” STREET
ISSUE STATEMENT: Property owners adjacent to this right of way have approached the City with concerns regarding limited or restrained access to Commercial Avenue, and public
nuisances in the right of way. Nuisances have been a historic issue, and in the past,
as a partial remedy the City informally allowed one property owner, who had the majority of frontage on the dead end street, to fence the right of way. Unfortunately
this also blocked access to other properties adjacent to the right of way. In order to
create the safest, most feasible and most equitable use of the public right of way, a partial right of way vacation is proposed, along with termination of the informal
right of way use, which will allow equal access and give owners the ability to jointly mitigate security risks.
ATTACHMENTS: Attachment 1: Council Briefing Memorandum
Attachment 2: Area Map showing vicinity with aerial photo Attachment 3: Detail Area Map showing proposed vacation and existing conditions
Attachment 4: Resolution
DISCUSSION/ FINANCIAL IMPACT:
Many years ago, in response to significant nuisance activity, an agreement between the City and an adjacent property owner allowed the property owner to fence off
part of a right of way segment of Commercial Avenue, in order to protect their business that backed onto the dead end. Presently, another adjacent property owner requires right of access to the right of way, but is blocked by the closed off right of
way. Staff proposes to remedy the situation by vacating a small additional segment of
right of way to assure that each property owner has unrestricted access to the existing right of way. In accordance with provisions of SDC 5.20-120.A, and
Springfield Municipal Code section 3.200-3.206, the City Council can adopt a
resolution to initiate a vacation of public right-of-way. In such a case, the property reverts equally to the abutting property owners.
If Council initiates the vacation, staff will prepare a vacation application, process the application, and present a vacation ordinance to Council for adoption.
Additionally, it is staff’s recommendation that payment to the City by the applicant
of “special benefit fee”, resulting or inuring to the abutting property that results from the vacation and disposition of property to the benefited property owners per
SMC 3.204, be waived in the public interest.
M E M O R A N D U M City of Springfield
Date: 10/13/2014
COUNCIL
BRIEFING
MEMORANDUM
To: Gino Grimaldi
From: Len Goodwin, DPW Director
Chris Moorhead, City Surveyor
Subject: Vacation of Commercial Avenue Right of
Way
ISSUE: Property owners adjacent to this right of way have approached the City with concerns regarding limited or restrained access to Commercial Avenue, and public nuisances in the right
of way. Nuisances have been a historic issue, and in the past, as a partial remedy the City
informally allowed one property owner, who had the majority of frontage on the dead end street, to fence the right of way. Unfortunately this also blocked access to other properties adjacent to
the right of way. In order to create the safest, most feasible and most equitable use of the public right of way, a partial right of way vacation is proposed, along with termination of the informal right of way use, which will allow equal access and give owners the ability to jointly mitigate
security risks.
COUNCIL GOALS/
MANDATE:
Maintain and Improve Infrastructure and Facilities
BACKGROUND: In 1985, the City constructed a new segment of Commercial Avenue
that connected Commercial Avenue to 42nd Street about 600 feet north of its then-
existing intersection with 42nd Street and terminated the previous connection. The
intersection point was changed for a number of reasons, principally including new development on Commercial Avenue and safety concerns about the proximity of the then-existing intersection to Main Street.
When this new connection was completed, the City also vacated the portion of “old”
Commercial Avenue that ran from 42nd Street northwest about 180 feet. The old segment of Commercial became of limited use and, unfortunately, became a gathering point for transients, illegal camping and other undesirable activities. As a result, at the request of
a property owner whose property fronted on both 42nd Street and the “old” Commercial
Avenue, the City entered into an agreement that allowed that property owner to place a
fence and gate across “old” Commercial Avenue. Under that agreement, the property owner agreed to remove the gate when the City requested removal.
While this action eliminated one access to the property on the west side of the right of
way, an existing access on 42nd Street remained useable. In addition, that property abuts
right of way that was designated for the future development of an extension of “A” Street. The property adjoining the west side of the vacated right of way was unused at the time.
Recently the owner of that parcel began to utilize the property and complained of
inadequate access, asserting that the existing access on 42nd Street was not safe. That property owner requested that the City exercise its option to require the other property owner to remove the gate and fence. This request led to a series of meetings over the
past several weeks as each party made different proposals for how to provide for both
Attachment 1, Page 1 of 2
10/14/2014 Page 2
access and security for each property owner.
Staff has attempted to facilitate these meetings and has concluded, after reviewing all of
the available facts, that the most feasible solution is to vacate a further section of right of
way, to assure that both property owners have independent and secure access to “old”
commercial Avenue. The proposed vacation is shown in Attachment 2.
“Old” Commercial Ave. is a dead end street, terminating in the vicinity of this proposed
vacation. Commercial Ave continues to have through public right of way connection,
by way of 42nd Street. While the vacation would sever a connection between “old”
commercial Avenue and a future extension of “A” Street, there are no future plans, or a foreseeable need, to improve this right of way or to provide a through connection from
“A” to “old” Commercial. Due to the fact that only the two properties derive limited
access from this portion of Commercial, the right of way has been subject to public
nuisances in the past. Staff proposes that the originally dedicated right of way width
would be split evenly between the adjacent owners upon a vacation. It should be noted that there has already been a vacation of a strip of right of way on the northeasterly side.
The vacation of the full dedicated width of right of way, as proposed, would account for
this northeasterly strip previously vacated as part of the equal split between adjacent
properties. Communication with the adjacent property owners has occurred; City staff
have marked the proposed boundary between the two property owners, and each is interested and in agreement with the proposed boundary alignment (shown on
Attachment 2) if the area is vacated. Staff has determined that this further vacation will
have no adverse impact on other property owners. As part of the vacation, it would be
important for the City to retain appropriate easements to protect access to the storm
water and wastewater facilities in the vacated area, and it is proposed that due to the locations of the existing facilities as detailed on Attachment 2, a Public Utility Easement
would be retained over the entire vacated area.
The Springfield Municipal code, at Section 3.204, authorizes the Council to impose a
special benefit fee on a vacation of right way. The amount of the fee is determined by calculating the value of the property after the vacation and comparing it to the value of
the property before the vacation. Staff believe that the evidence indicates that the
easterly property owner will realize no measureable change in value, since this action in
fact diminishes the useable property by eliminating the license to use the previously
existing right of way. While the westerly property owner may recognize some benefit by having an established access to the property from the northwest, since that property
owner would receive the same benefit by a City action to terminate the informal
agreement, staff believe that no substantial benefit is derived. In addition, this action
would resolve a long-standing dispute between neighbors and promote the Council’s
expectation of good customer service. Accordingly, staff recommends that the Council exercise its authority to waive the imposition of a special benefit fee.
RECOMMENDED ACTION: Staff recommends that Council adopt a resolution
initiating a vacation of right of way as described above and in Attachment 2.
Attachment 1, Page 2 of 2
Attachment 2, Page 1 of 1
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CITY OF SPRINGFIELD
RESOLUTION NO. _______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SPRINGFIELD TO INITIATE A VACATION OF PUBLIC RIGHT OF WAY OF A PORTION OF
COMMERCIAL AVENUE AND “A” STREET
WHEREAS, property owners adjacent to public right of way which is a portion of Commercial Avenue and “A” Street as more particularly described and set forth in area map, Exhibit A have requested vacation as described herein; and
WHEREAS, the detailed area map showing the requested vacation and existing
conditions is more particularly described and set forth in Exhibit B; and
WHEREAS, as a means of addressing public nuisances in the right of way and security issues, the City has informally permitted the fencing or blocking of public right of way
which addressed the security issues but presented problems with respect to access to
other properties adjacent to the right of way; and
WHEREAS, property owners adjacent to the right of way have requested this vacation as
a means of correcting the limited or blocked access to other properties adjacent to the right of way; and
WHEREAS, Staff has worked with the affected properties owners to create the safest
most feasible and most equitable use of the public right of way; and
WHEREAS, the safest most feasible and most equitable use of the public right of way is
the termination of the informal right of way use together with a partial right of way vacation which is more particularly described and set forth in Exhibit B; and
WHEREAS, this solution will allow equal access and give all owners the ability to
jointly mitigate security risks; and
WHEREAS, the right of way to be vacated is unnecessary and of limited use to the City;
and
WHEREAS, based on the unique facts of this particular situation regarding the informal
existing use allowance and the opportunity to correct security issues in the vicinity of
Commercial Avenue and “A” Street, Staff has recommended that the special benefit fee
required of the applicants pursuant to SMC 3.204 be waived in the public interest.
Attachment 4, Page 1 of 2
NOW THEREFORE, BASED ON THE FOREGOING RECITATIONS, BE IT
RESOLVED BY THE CITY OF SPRINGFIELD AS FOLLOWS:
1. The Staff is directed to terminate the informal private right of way use agreement in the vicinity of Commercial Avenue and “A” Street; and
2. Staff is directed to initiate a vacation of public right of way as more particularly
described and set forth in Exhibit B attached hereto and incorporated herein by reference;
and
3. The special benefit fee set forth in SMC 3.204 is waived in the public interest; and
4. This Resolution shall take effect upon its adoption by the Council and approval by
the Mayor.
ADOPTED by the Council of the City of Springfield this _______ day of ____________
2014 with a vote of _____ for and _____ against.
______________________________
Christine L. Lundberg Mayor
ATTEST:
_______________________
Amy Sowa
City Recorder
N:\City\RESOLUTI\Vacation of Commercial and A Street.docx
Attachment 4, Page 2 of 2