HomeMy WebLinkAboutOrdinance 5886 03/09/1998
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99024952
ORDINANCE NO; 5886
AN ORDINANCE VACATING A PORTION OF THE NORTH SIDE OF R STREET, ALONG THE
FRONTAGE OF LOT 30 OF NORTHVIEW SUBDIVISION, AS PLATTED AND RECORDED IN BOOK
20, PAGE 11, LANE COUNTY, PLAT RECORDS; AND DECLARING AN EMERGENCY.
WHEREAS, the Springfield City Council has declared its intention to vacate a portion of the north side of R
Street, along the frontage of Lot 30 of North view Subdivision, as platted and recorded in Book 20, Page II, Lane
County, Plat Records, in the City of Springfield as attached; and
WHEREAS, such vacation is in the best interest of the City in carrying out its plans and programs for the
general development of the City; and
WHEREAS, lawful notice of the proposed vacation was published and posted; and
WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on the 9tt'klayof
March, 1998 at the hour of7:00 p.m., to hear any objections to the proposed vacation and L persons appeared to
object;
NOW, THEREFORE, THE CITY COUNCIL DOES ORDAIN:
Z80~AR.19~99H02REC
10.00
Section 1: The Council fmds that legal notice of the hearing was lawfully published and posted; that _
objections were made at the vacation hearing held; that public interest will not be impaired by the vacation of the R
Street, along the frontage of Lot 30 of North view Subdivision, as platted and recorded in Book 20, Page 11, Lane
County, Plat Records, and that said vacation will be to the best interest of the public and increase the benefit of the
property involved.
Section 2: The following described public right-of-way in the City of Springfield is declared vacated being
described below:
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A PORTION OF THE NORTH SIDE OF R STREET, ALONG THE FRONTAGE OF,LOT 30 OF
NORTHVIEW SUBDIVISION, AS PLATTED AND RECORDED IN BOOK 20, PAGE 11, LANE
COUNTY, PLAT RECORDS (See Attachment A for the metes and bounds legal description).
Section 3: The findings in the staff report for Planning Jo. No. 97-11-254 are hereby made part of this
ordinance by reference.
Section 4: That any City liens and all taxes assessed on this property have been paid.
Section 5: It is hereby found and declared that matters pertaining to the vacation of this public right-of-way is
a matter affecting the public health, safety and welfare of the City of Springfield and that this ordinance shall,
therefore, take effect immediately upon its passage by the Council and approval by the Mayor.
Section 6: The City Recorder is directed to file certified copies of this Ordinance with the Lane County Clerk,
Lane County Assessor, and Lane County Surveyor.
ADOPTED by the Common Council of the City of Springfield this ~hiay of March 1998, by a vote of
~ for and ---9against.
ayor
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City ~corder
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POAGE ENGINEERING & SURVEYING, INC.
99024952
CIVIL/MUNICIPAL ENGINEERING . SEWER & WATER SYSTEMS . SURVEYING
Legal Description
of
"R" Street Vacation
Adjacent to Assessor's Map 17-03-25-13 Tax Lot 1100
Beginning at the southeast comer of Lot 1 of North view Subdivision as platted and recorded in
Book 20, Page 11 of the Lane County Oregon Plat Records; thence along the east boundary of
said Lot 1 North 01 046' 1111 East 30.00 feet to the southwest comer of Lot 30 of said N orthview
Subdivision; thence along the south boundaries of Lot 30 and Lot 29 of said Northview
Subdivision South 88003'19" East 126.28 feet to a point on the south boundary of said Lot 29,
said point also being on the north margin of"R" Street, being 30.00 feet from, when measured at
right angles to, the centerline of "R" Street; ~hence leaving the south boundary of said Lot 29 and
along the north margin of"R" Street the following three (3) courses and distances: along the arc
ofa 170.00 foot radius curve left (the chord.ofwhich bears South 78033'4211 West 78.69 feet) a
distance of79.41 feet; along the arc of a 110.00 foot radius curve right (the chord of which bears
South 78033'3911 West 50.92 feet) a distance of51.38 feet and North 88003'1911 West 0.09 feet to
the place of beginning, all in Lane County, Oregon.
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Containing 1754 square feet, more or less.
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State of Oregon
County of Lane - 55. _
the County Clerk, in and lor the sald_
bounty, do hereby certify that the wIthin
instrument was received lor ~ecord at
'99HAR 19 Al'111=30
Reel 2529R
Lane County OFFICIAL Records
Lane County ~\erk
Ot;M~ A ~cfaY
By: County Clerk
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B-2
REGISTERED
PROFESSIONAL
LAND SURVEYOR
Expires
P.O. BOX 2527 . EUGENE, OR 97402-0152 . 990 OBIE STREET . (541) 485-4505 . FAX (541) 485-5624
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ATTACHMENT A
DATE:
February 10, 1998
TO:
COMMISSION
TRANSMITTAL
MEMORANDUM
FROM:
Planning Commission Members
Gary M. Karp, Planner III 6 ~
Request for Vacation: A portion of the north side ofR Street, including a one-foot withholding strip,
along the frontage Lot 30 of North view Subdivision, as platted and recorded in Book 20, Page 11,
Lane County, Plat Records, including a one-foot withholding strip - (Jo. No. 97-11-254), George and
Artie Mae Harlow, Applicants.
SUBJECT:
ISSUE
The Planning Commission must conduct a public hearing for the following vacation request: A portion of R Street
along the frontage of Lot 30 of North view Subdivision, beginning approximately 100 feet east of22nd Street. The
Planning Commission must decide whether to advise the City Council to approve, approve with conditions or deny the
request. Lane County will process the release of the I-foot withholding strip by separate process.
DISCUSSION
The applicants are requesting the vacation ofa portion ofR Street along the along the frontage of Lot 30 of North view
Subdivision. In May 1997, the applicants received Site Plan Review approval (Jo. No. 96-07-14i) to create a 79 space
manufactured dwelling park on the south side of R Street. The R Street right-of-way is 60 feet-wide for the full length
of the street from 22nd Street, east to 28th Street. The one exception is the area the applicants propose to vacate. While
the right-of-way proposed to be vacated is not directly affected the proposed development, this is the "last step" in the
development review process for the manufactured dwelling park.
RECOMMENDATION
Staff recommends approval of the vacation request based on the attached findings.
DESIRED ACTION
Advise the City Council to approve the vacation request at their public hearing on March 2, 1998, by motion and
signature of the attached recommendation by the Planning Commission Chairperson.
A-1
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ATTACHMENTS
ATTACHMENT A. Staff Report and Findings
ATTACHMENT B. Maps Showing the Proposed Vacation
ATTACHMENT C. Applicant's Submittal
ATTACHMENT D. Letter to Lane County Requesting Release of the I-Foot Withholding Strip
A TT ACHMENT E. Recommendation to City Council
A-2
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ATTACHMENT A
VACATION REQUESt
STAFF REPORT AND FINDINGS
APPLICANT
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George and Artie Mae Harlow - Jo. No. 97-11-254
REQUEST
The vacation a portion of the north side ofR Street, including a one-foot withholding strip, along the frontage of Lot 30
of North view Subdivision, as platted and recorded in Book 20, Page 11, Lane County, Plat Records.
LOCATION OF THE PROPERTY
Theproperty proposed to be vacated is located along the frontage of Lot 30 of North view Subdivision, approximately
100 feet east of22nd Street (Assessor's Map# 17-03-25-13, Tax Lot 1100).
BACKGROUND
Northview Subdivision was platted in 1954 when the property was under Lane County jurisdiction. A condition of
subdivision approval was the dedication of 29-feet of right-of-way for R Street, with a 1 foot withholding strip. There
was no dedication of right-of-way along the frontage of Lot 1 when'the subdivision was platted. The subdivision was
annexed to the City in 1979. The applicants dedicated the south 30 feet ofR Street, all of 22nd Street and the entire 60 -
feet of right-of-way along the R Street frontage of Lot) in 1983, as part ofa previous development proposal. R Street
is currently 60 feet wide for its entire length from 22nd to 28th Streets, except for the right-of-way proposed to be
vacated. The applicants received approval for a 79 space manufactured dwelling park (Jo. No. 96-07-141) in 1997and
desire to proceed with that development as soon as possible.
SPRINGFIELD DEVELOPMENT CODE CRITERIA
Springfield Development Code (SDC) Section 9.030 establishes vacation criteria that must be met in order to approve
this request. The following findings address each of the criteria:
(1) THE VACATION IS IN CONFORMANCE WITH THE METRO PLAN INCLUDING ADOPTED STREET
PLANS AND/OR CONCEPTUAL PLANS;
The Vacation Is In Conformance With The Metro Plan
The applicant states:
"The Vacation is in conformance with existing Metro Plans and is consistent with the adopted Street Planfor the future
construction of 'R' Street. ..
Staff Response:
The applicant has stated that the proposed vacation is consistent with the Metro Plan. The Metro Plan is a general plan,
which does not specifically discuss the vacation of rights-of-way. The right-of-way vacation process is found in SDC
Article 9. The SDC is in conformance with the Metro Plan.
Vacation Staff Report and Findings
Page J
A-3
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Adopted Street Plans and/or Conceptual Plans
The vacation request is for a small portion of R Street. TransPlan, the adopted metropolitan area street plan, applies
only to collector and arterial streets. R Street is classified as a local street; local streets do not appear in the SDC or the
TransPlan. Therefore TransPlan is not affected by this request.
The right-of-way proposed to be vacated is located out of the boundary of any adopted conceptual plan required by the
Metro Plan.R Street does appear on Springfield's Conceptual Road Network Map, adopted July 1997.
Finding:
Because the SDC complies with the Metro Plan, R Street is a local street and the right-of-way is not in any adopted
Conceptual Plan, this application complies with criterion (I).
(2) THERE ARE NO NEGATIVE EFFECTS ON ACCESS, TRAFFIC CIRCULATION, AND
EMERGENCY SERVICE PROTECTION, OR ANY OTHER PUBLIC BENEFIT DERIVED FROM
THE EASEMENT, RIGHT OF WAY OR PLAT.
The applicant states:
"The vacation of this excess right-of-way will not have significant impact on access, traffic circulation, and emergency
service or any other public benefit derivedfrom this right-of-way. "
Staff Response:
There Are No Nel!ative Effects On Access
Access in this case refers to Lots land 30 of North view Subdivision. Because Lot 1 did not dedicate right-of-way for its
portion ofR Street as part of the subdivision plat, a I-foot reserve strip is shown on the south portion of the east
property line. Included in this vacation request is the release of the I-foot strip, shown on the map as Lot A. Because
the I-foot strip was created when the property was under Lane County jurisdiction, the release of the I-foot strip must
be approved separately by Lane County. However, since the west portion of R Street along the frontages of Lots I and
30 will not be improved as part of the manufactured dwelling park application, no access to these lots will be pennitted
from R Street to these lots until R Street is fully improved. Approval of this vacation request and the release of the 1-
foot strip will not change the current restriction on access to these lots from R Street. Lot 30 and Lot 2 are under
common ownership and have access on Marcola Road. Lot I has access on Marcola Road and 22nd Street. Approval of
this application will have no negative affect on access.
Finding:
Because the vacation request will have no negative affect on access to either Lot I or 30, this application complies with
this portion of criterion (2).
There Are No Nel!ative Effects On Traffic Circulation
Vacation Staff Report and Findings
Page 2
A-4
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Staff Response:
Currently R Street, both the north and south halves, is considered a "paper street". This means the right-of-way is
under City jurisdiction, but the street was never constructed. There is no vehicular traffic on R Street, except for an
occasional vehicle needing access to a rear yard or SUB vehicles servicing the wellhead on the south side of R Street.
The west portion of R Street along the frontages of Lots 1 and 30 will not be improved as part of the manufactured
dwelling park application and no access to these lots will be pennitted until R Street is fully improved. Approval of this
vacation request will not change the current traffic circulation patterns. Approval of this application will have no
negative affect on traffic circulation.
Finding:
Because the vacation request will have no negative affect on traffic circulation, this application complies with this
portion of criterion (2).
There Are No Ne2:ative Effects On Emer2:ency Service Protection
Staff Response:
Lot 30 and Lot 2 are under common ownership and have access on Marcola Road. Lot I has access on Marcola Road
and 22nd Street. Access by fire, police and ambulance can occur from these streets. Approval of this application will
have no negative affects on emergency service protection.
Finding:
Because emergency vehicles from Marcola Road and 22nd Street can easily access Lots I and 30 (through Lot 2), this
application complies with this portion of criterion (2).
There Are No Ne2:ative Effects Or Any Other Public Benefit Derived From The Easement. Ri2:ht-Of-Way Or
Plat.
Staff Response:
The area proposed to be vacated is considered "excess right-of-way". Approval of this application will not decrease the
right-of-way width ofR Street; there still will be 60 feet of right-of-way. The I-foot withholding strip will be released
by Lime County and does not need a separate City approval. There is no easement or plat proposed to be vacated.
Approval of this application will have no negative effects or any other public benefit derived from the right-of-way.
Finding:
Because only right-of-way is proposed to be vacated and there are no negative effects or other public benefits involved
in this application, this application complies with this portion of criterion (2).
CONCLUSION
The applicant states that there are no negative impacts caused by the proposed vacation. Staff concurs with the
applicant's statement. Staff has demonstrated that the proposed request to vacate a portion of R Street considered
excess right-of-way is in confonnance with the vacation criteria of approval (Ref. SDC 9.030). There are no conditions
of approval to be added to this application based on the above mentioned criteria. However, staff has enclosed a copy
ofa letter to Lane County requesting the release of the I-foot withholding strip.
Vacation Staff Report and Findings
Page 3
A-5
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RECOMMENDATION
Approval of the proposed vacation: A portion of the north side ofR Street along the frontage Lot 30 of Northview
Subdivision, as platted and recorded in Book 20, Page 11, Lane County, Plat Records, based on the attached findings.
DESIRED ACTION
Advise the City Council to approve the vacation request at their public hearing on March 2, 1998 by motion and
signature of the attached recommendation by the Planning Commission Chairperson.
Vacation Staff Report and Findings
c Page 4
A-6
ATTACHMENT B MAPS
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POR TRON OF
FOR
ARTRE MAE
"R" STREET
HARLOW
"R" ST. b. 22ND ST. DEDICATION PER
BARGAIN AND SALE DEED
RECORDED SEPTEMBER 28, /983
RECEPTION 83-34979
LANE COUNTY OREGON DEED RECORDS,
V ACA TRON OF
GEORGE R.
. NE 1/4, SEC. 25, T 17 S, R 3 W. W.M.
ASSESSORS MAP No. 17-03-25-1-3 LL. 1100
SPRINPFIBLD, LANE COUNTY, OREGON
OCTOBER, 1997
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SCALE : I" - 50'
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EXPIRES: .J\JNE 30. 1998
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N 88003'/9" W
126.28'
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A.L. - 5138'
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"R" ST. DEDICATION PER
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VACATION DETAIL
NOT TO SCALE
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POAGE ENGINEERING &- SURVEYING, INe.
P.O. BOX 2527 . BUGENE, OREGON 97402 . (541) 485-4505
JOB No. 2054, DWN. BY LL T, DA TB: 10-97
CAD FILB : 2054VAC.GCD CO GO FILB : 2054
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ATTACHMENT C
REQUEST FOR VACATION OF THE "R" STREET R-O-W
ADJACENT TO LOTS 29 & 30, NORTHVIEW SUBDIVISION
MAP 17032513, TAX LOTS 1100 & 1200
CRITERIA CONFORMANCE STATEMENT
The subject of this action is the "R" Street right-of-way south of and adjacent to Lots 29
and 30 of North view Subdivision as platted and recorded in Book 20, Page 11 of the Lane
County Oregon Plat Records. The proposed use of the property will be residential. The reason
of this proposed vacation is to eliminate excess right-of-way and to allow development of
adjacent lots to coincide with the future construction of"R" Street.
The applicable criteria of City of Springfield Development Code, Article 9.030 can be
met as follows:
(1): The Vacation is in conformance with the Metro Plan including any adopted Street Plans -
and/or Conceptual Plans.
This Vacation is in conformance with the Metro Plan and is consistent with the adopted
Street Plan for the future construction of "R" Street.
(2): There are no negative effects on access, traffic circulation, and emergency service
protection; or any other public benefit derivedfrom the easement, right-ofway or plat.
The vacation of this excess right-of -way will not have significant impact on access,
traffic circulation, and emergency service protection; or any other public benefit derived from
this right-of-way.
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ATTACHMENT 0
225 FIFTH STREET
SPRINGFIELD, OR 97477
(541) 726-3753
FAX (541) 726-3689
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February 11, 1998
Mr. Tor:n Drechsler
Lane County Surveyors Office
Public Service Building
25 E. 8th Avenue
Eugene, OR 97401
RE: Release of a Withholding Strip: Parcel "A" Northview Subdivision, a.k.a., 17-03-25-14, Tax Lot
3000
Dear Mr. Drechsler,
George and Artie Mae Harlow have submitted a vacation request (Jo. No. 97-11-254) for a portion of
the north side of R Street, including a one-foot withholding strip, along the frontage Lot 30 of
Northview Subdivision, as platted and recorded in Book 20, Page 11, Lane County, Plat Records.
.
Northview Subdivision was approved by Lane County and platted in 1954. A condition of
subdivision approval was a 29-foot dedication of right-of-way, with a 1 foot withholding strip. There
was no dedication of right-of-way along the frs>ntage of Lot 1 when the subdivision was platted. The
subdivision was annexed to the City in 1979. The applicants dedicated the south 30 feet of R Street
and 22nd Street in 1983, as part of a previous development proposal. That dedication included
additional right-of-way to clear the frontage of Lot 1; R Street is currently 60 feet wide for its entire
length from 22nd to 28lh Streets, except for the right-of-way proposed to be vacated. The applicants
received approval for a 79 space manufactured dwelling park (Jo. No. 96-07-141) in 1997and desire
to proceed with that development.
The City of Springfield requests that you process the release of the withholding strip mentioned
above.
Thank you very much for your cooperation.
Sincerely,
:_h~
Planner III
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A-10
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ATTACHMENT E
BEFORE THE PLANNING COMMISSION
.
OF THE
CITY OF SPRINGFIELD, OREGON
RECOMMENDATION TO THE CITY COUNCIL
THE V ACA TION OF
A PORTION OF R STREET
JO. NO. 97-11-254
NATURE OF THE APPLICATION
The vacation ofa portion of the north side ofR Street along the frontage Lot 30 of North view Subdivision, as platted
and recorded in Book 20, Page 11, Lane County, Plat Records.
1. On November 14, 1997, the following vacation application was accepted:
Jo. No. 97-11-254 - George and Artie Mae Harlow, Applicants.
2. The application was initiated and submitted in accordance with Section 3.050 of the Springfield Development
Code. Timely and sufficient notice of the public hearing, pursuant to Section 14.030 of the Springfield
Development Code, has been provided.
.
3. On February 18, 1998 a public hearing on the vacation request was held. The Development Services Department
staff notes arid recommendation together with the testimqny and submittals of the persons testifying at that hearing ,
have been considered and are part of the record of this proceeding.
CONCLUSION
Based on this record, the requested vacation application is consistent with the criteria ofSDC Section' 9.030. This
general fmding is supported by the specific fmdings of fact and conclusion in the Attachment A, Vacation Staff Report.
RECOMMENDATION
ission hereby recommends the City Council to approve the vacation request at their March 2, 1998
ATTEST
A YES: 5"
NOES: {71
ABSENT: ~
ABSTAIN: f
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A-11