HomeMy WebLinkAboutItem 10 Public Right of Way Use Agreement to Allow Private Developer JM Hotel, LLC to Place, Construct, and Maintain AGENDA ITEM SUMMARY Meeting Date: 5/2/2016
Meeting Type: Regular Meeting
Staff Contact/Dept.: Jeff Paschall
Development and Public
Works
Staff Phone No: 541-726-1674
Estimated Time: 10 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: PUBLIC RIGHT OF WAY USE AGREEMENT TO ALLOW PRIVATE DEVELOPER
JM HOTEL, LLC TO PLACE, CONSTRUCT, AND MAINTAIN: EARTH AND
STRUCTURAL FILL, VEGETATION, STORMWATER FACILITIES, AND REMOVE
AND RECONSTRUCT AN EXISTING ACCESS ROAD.
ACTION
REQUESTED:
Approve or reject the following motion:
AUTHORIZE THE DEVELOPMENT AND PUBLIC WORKS DIRECTOR TO ISSUE A
PUBLIC RIGHT OF WAY USE AGREEMENT TO JM HOTEL, LLC TO PLACE,
CONSTRUCT, AND MAINTAIN: EARTH AND STRUCTURAL FILL, VEGETATION,
STORMWATER FACILITIES, AND REMOVE AND RECONSTRUCT AN EXISTING
ACCESS ROAD.
ISSUE
STATEMENT:
JM Hotel LLC, the developers of the Fairfield Inn and Suites, is requesting approval to
construct a privately owned and maintained earth and structural fill, vegetation, and
stormwater facility within the Franklin Boulevard public right-of-way. In addition, the
developer has proposed removal and reconstruction of a maintenance access road. Staff has
prepared a Public Right Of Way Use Agreement for Council's consideration to allow the
proposed improvements.
ATTACHMENTS: 1.Public Right of Way Use Agreement
2.Vicinity Map
DISCUSSION/
FINANCIAL
IMPACT:
Local developer JM Hotel, LLC, have proposed to build a four story 81 room Fairfield Inn
and Suites in Glenwood. The new hotel will be along the south side of Franklin Boulevard
just west of the existing Candlewood Suites Hotel. As part of the Development, the
developers have proposed to use a portion of existing public right of way to construct
stormwater improvements and vegetation for site beautification and amenity. In addition,
the developer will remove and reconstruct an existing gravel road that provides access to the
Whilamut Passage Bridge, the Glenwood North Channel, and the Glenwood Slough.
Chapter 3.224 of the Springfield Municipal Code provides for utilizing a public way use
agreement to authorize the placement of privately owned devices or structures within a
public way. The developers of the Fairfield Inn and Suites desire to use approximately the
southern 45 to 20 feet of the Franklin Boulevard right-of-way to construct the desired
facilities. These facilities will be built using private funds, and maintained by JM Hotel,
LLC.
The proposed Public Way Use Agreement allows the developer to build and maintain the
fill, vegetation, and stormwater in perpetuity while preserving the public's rights and
releasing the City from financial liability regarding the installed facilities. The Agreement
binds the developer, JM Hotel, LLC, and future heirs and successors. In the unlikely event
that the facilities become problematic for the City, Section 10 of the Agreement provides the
opportunity for the City to terminate the Agreement upon 60 days' notice.
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Hotel and facilities to be constructed in Phase 1 West.
Area addressed with Public Right of Way Use Agreement.
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