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HomeMy WebLinkAboutItem 15 Vacation of a Portion of 18th Street Public Right-of-Way North of Q Street, Case No. LRP2007-00024 Meeting Date: Meeting Type: Department: Staff Contact: Staff Phone No: Estimated Time: January 22, 2008 Regular Meeting Development Services' Andy Limbird O~ x3784 1.'( 10 minutes AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL ITEM TITLE: VACATION OF A PORTION OF lSTHSl'REET PUBLIC RIGHT-OF-WAY NORTH OF Q STREET, CASE NO. LRP2007-00024 ACTION REQUESTED: ISSUE STATEMENT: ATTACHMENTS: DISCUSSION: Conduct a Public Hearing and Second Reading for the following: AN ORDINANCE VACATING A PORTION OF 18TH STREET PUBLIC RIGHT OF WAY WITHIN RONALD PARK PLAT AS PLA TIED AND RECORDED IN BOOK 14 PAGE 13 LANE COUNTY OREGON PLAT RECORDS, and then either approve or not approve the ordinance. On September 12,2007, the applicant, Scott McKee, initiated a vacation of public right-of-way for the segment of 18th Street between Q Street and the developed intersection of 18th and Q Streets. The applicant owns the adjacent properties and intends to develop a commercial office building on the site. At issue is whether the applicant's Assessment of Special Benefit is satisfactory to the City Council and, if so, whether the vacation should be approved. . Attachment 1: Staff Report and Findings Attachment 2: Applicant's Assessment of Special Benefit Analysis Attachment 3: Maps showing the proposed vacation area Attachment 4: Planning Commission Recommendation Attachment 5: Ordinance The City Council opened the Public Hearing and conducted First Reading of the Vacation Ordinance at the regular meeting on November 19,2007. At the applicant's request, the Public Hearing was continued to the regular meeting on January 22, 2008 to allow the applicant time for preparation of an Assessment of Special Benefit for the vacation area as required by the Springfield Municipal Code. The applicant's Assessment of Special Benefit for the vacation area is included with the staff report (Attachment 2), and the amount of $33,743 has been deposited with the City. Public Works staff reviewed the applicant's analysis and calculated an estimated land value for the vacation area using different criteria which resulted in a comparable net amount (approximately $33,000). Therefore, the applicant's proposal is supported by staff. The subject right-of-way is an irregular-shaped portion of 18th Street lying to the north of Q Street. The subject right-of-way was platted with the adjacent Ronald Park subdivision in 1948, but was subsequently truncated when Q Street was realigned to accommodate the 1-105 on-ramp and interchange. The right-of-way requested for vacation is partially developed with a 20-foot wide asphalt mat surface and provides access to an existing dwelling. The three abutting tax lots that have frontage on the vacation area were recently rezoned from Medium Density Residential (MDR) to General Office (GO) pursuant to Planning Action ZON2007-00011. All three tax lots with frontage on the subject right-of-way are owned by the applicant. The applicant is proposing to combine the vacation area and the adjacent tax lots into a single development site for a commercial office building. The Planning Commission held a Public Hearing on October 16, 2007, and adopted a recommendation in support ofthe proposed vacation (Attachment 4). ATTACHMENT 1 VACATION REQUEST : STAFF REPORT AND FINDINGS Case No. LRP2007-00024 APPLICANT .. Scott McKee REQUEST The vacation of a portion of public street right-of-way. LOCATION OF PROPERTY The public right-of-way (ROW) proposed to be vacated is a segment of 18th Street located between the northern edge of Q Street and the southern edge of the developed intersection of Q Street and 18th Street. The subject right-of-way is within Tax Map 17-03-25-24. BACKGROUND The public right-of-way proposed for vacation was platted in 1948 as part of the Ronald Park subdivision, and the eastern edge of 18th Street corresponds with the eastern plat boundary. There are three parcels (Map 17-03-25-24, Tax Lots 4700, 4800 and 4900) that are directly adjacent to the subject right-of-way. All three parcels with frontage on the subject right-of-way are owned by the applicant, and were recently rezoned from Medium Density Residential (MDR) to General Office (GO). The applicant proposes to combine the vacated right-of-way and the adjacent tax lots into a single development site for a commercial office building. The vacation request was submitted on September 12, 2007, just before adoption of the reformatted Springfield Development Code. Therefore, the request is processed in accordance with the Code in effect at the time of submittal. On October 16,2007, the Planning Commission conducted a Public Hearing for the proposed right-of- way vacation, aild subsequently adopted a recommendation to the City Council. The Planning . Commission recommends support for the vacation request subject to conditions (Attachment 4). Following the Planning Commission Hearing, the applicant made a change to the vacation request by scaling-back the right-of-way area proposed for vacation. A revised map and legal description for the vacation area has been submitted, consistent with Condition #4 of the Planning Commission recommendation (Attachment 4). The revised vacation area map and legal description also is attached to the staff report (Attachment 3). The City Council opened the Public Hearing and conducted First Reading of the Vacation Ordinance at the regular meeting on November 19,2007. At the applicant's request, the Public Hearing was continued to the meeting on January 22, 2008. SPRINGFIELD DEVELOPMENT CODE APPLICABLE C~RIA Springfield Development Code (SDC) 9.060(2) establishes criteria for vacation of right-of-way that must be met in order to approve this request. The following fmdings address each of the criteria. (a) The Vacation shall be in conformance with the Metro Plan, TransPlan, the Conceptual Local Street Map and adopted Functional Plans, and applicable Refinement Plan diagram, Plan District map, or Conceptual Development Plan; Applicant Submittal: "The Metro Plan and TransPlan do not list or mention current or future connectivity of the subject right-of-way of 18'h Street and therefore the Vacation is in conformance with ATTACHMENT 1 - ~ these Plans. The Conceptual Local Street Map shows the subject right-ol-way of 18'h Street dead-ending north of 'Q' Street and shows no present or future connectivity with 'Q' Street and therefore the Vacation is in conformance with it. The Springfield Development Code is afunctional plan of the Metro Plan and compliance is addressed below in response to Criterion SDC 9. 060(2) (b). It is the applicant's understanding that the subject right-ol-way is not identified in any other adopted Functional Plans, Plan District map nor Conceptual Development Plans. The 'Q' Street Refinement Plan Diagram and the '~' Street Refinement Plan Street Classification . Diagram show no present or future extension of ut Street south to 'Q' Street and therefore the Vacation is in conformance with the Refinement Plan Diagram. . As stated, the Vacation is in conformance with the listed plans and therefore is consistent with the approval criterion." Staff Findings Finding 1: The vacation area is appended to a low-traffic-volume local street that is not specifically identified on the Metro Plan or TransPlan diagrams. Additionally, as stated by the applicant, there are no special provisions of the Q Street Refmement Plan that affect the subject vacation area. Finding 2: The Conceptual Local Street Map shows 18th Street diverting eastward at a 900 angle to an intersection with Q Street, which is consistent with the present street configuration. A truncated north- south segment of 18th Street is depicted as terminating north of the Q Street right-of-way. The Conceptual Local Street Map does not contemplate 18th Street connecting to Q Street within the area requested for vacation. Finding 3: The curving nature ofQ Street adjacent to the vacation area and the oblique orientation of the subject right-of-way where it intersects the Q Street right-of-way are not conducive to a safe traffic intersection. A stop-controlled intersection has been created by diverting the vehicle travel lanes of 18th Street to the east in order to intersect Q Street at approximately a 900 angle. The developed intersection is between two points of curvature for Q Street which improves the sightlines and visibility of the intersection. It is unlikely that a full-turns traffic intersection would be feasible (or desirable) in the portion of 18th Street requested for vacation. Finding 4: ORS 271.080(1) provides for vacation of "...all or part of any street, avenue, boulevard, alley, plat, public square or other public place..." In accordance with ORS 271.080(1), the vacation action requires "the applicant to file a petition setting forth a description of the ground proposed to be vacated, the purpose for which the ground is proposed to be used and the reasonfor such vacation." Finding 5: ORS 271.080(2) states: "There shall be appended to such petition, as a part thereof and as a basis for granting the same, the consent of the owners of all abutting property and of not less than two- thirds in area of the real property affected thereby. The real property affected thereby shall be deemed to be the land lying on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted In the vacation of any plat or part thereof the consent of the owner or owners of two-thirds in area of the property embraced within such plat or part thereof proposed to be vacated shall be sufficient, except where such vacation embraces street area, when, as to such street area the above requirements . shall also apply. The consent of the owners of the required amount of property shall be in writing." ATTACHMENT 1 - 2 Finding 6: In accordance with ORS 271.080(1), the applicant submitted the vacation request along with a legal description of the right-of-way to be vacated and a stated purpose for the use of the vacation area. The right-of-way area proposed for vacation is generally depicted and more specifically described in Exhibit A to this staffreport. The stated purpose of the vacation request is to incorporate the street right- of-way into a single commercial development site. The applicant is proposing to provide physical access to the site from the unaffected segment of 18th Street north of the vacation area. Finding 7: The applicant prepared and submitted a diagram showing the properties within the affected area as described in ORS 271.080(2). Consent to vacation from at least two-thirds (66%) of the affected properties is required in accordance with ORS 271.080. In support of the vacation request, the applicant submitted written consents to vacation from the owners of 16 of the 21 affected properties. The consents to vacation provided by the applicant represent more than three-quarters (75%) of the landowners within the affected area, and approximately 85% of the affected land area (Exhibit B). Finding 8: In accordance with ORS 271.130(1), the decision on the vacation action will be made by the City Council after Public Hearings before the Planning Commission and Council. Finding 9: The three properties that directly abut the segment of public right-of-way requested for vacation are owned by the applicant. Conclusion: The proposed right-of-way vacation complies with Criterion (a). (b) The Vacation shall not conflict with the provisions of Springfield Municipal Code 1997; and this Code, including bnt not limited to, street connectivity standards and block lengths; Applicant Submittal: "The Vacation complies with all requirements for applications for Vacation of right-of-way set forth in Springfield Municipal Code and thus does not conflict with the provisions of said Code. Regarding street connectivity standards, the vacation will not affect the ability of the street system to efficiently and safely accommodate all modes of travel including emergency fire and medical service vehicles. The stub of existing 18'h Street right-of-way proposedfor Vacation currently terminates beside the applicant's property and does not connect through to the south to 'Q' Street and therefore it provides no connectivity now other than to the applicant's property. As noted herein, Tax Lots 4700, 4800 and 4900 on Assessor's map 17-03-25-24 are the only abutting properties and are owned by the applicant. Regarding block length no street layouts resultingfrom the vacation will result in block lengths greater than 600 feet. As shown by this application and its contents, the Vacation complies with all provisions of the Springfield Development Code and because it complies with the Municipal Code and Development Code it complies with this criterion." Staff Findings: Finding 10: In accordance with Springfield Municipal Code Section 3.200, the applicant submitted a petition requesting vacation of the subject area, and paid the application fees established by City Council. Finding 11: In accordance with ORS 271.110(1), public hearing notices were placed in the newspaper of general circulation (The Register Guard) on September 28 and October 5,2007 (Planning Commission hearing) and on October 26 and November 2, 2007 (City Council hearing). Finding 12: In accordance with 271.110(2), public notice of the proposed right-of-way vacation action was posted at two conspicuous locations immediately adjacent to the right-of-way proposed for vacation. Finding 13: In accordance with SDC 271.080,adjacentlandowners and residents/tenants within a 400- foot radius of the right-of-way requested for vacation were notified by mail. ATTACHMENT 1 - 3 Finding 14: There are no developed pedestrian connections within the vacation area. The street is a dead-end segment of 18th Street south of the intersection with 18th Street. Therefore, va~ation of the public right-of-way will not result in vehicle, bicycle or pedestrian trips that are unreasonably long or out- of-direction. The existing public sidewalk on Q Street will be unaffected by the requested vacation. Finding 15: In accordance with Springfield Municipal Code Section 3.204, the applicant is responsible for preparing an assessment of special benefit for the subject vacation area prior to adoption of the vacation. The assessment shall attribute an incremental land value for the vacation area and the benefit obtained by the abutting properties. In this case, the benefit obtained by the abutting properties is an enlarged development area and frontage on 18th and Q Streets. In accordance with Springfield Municipal Code 3.204(2)(c), the land value for portions of the vacation area containing Public Utility Easements may be discounted by 25%. Finding 16: The applicant has prepared and submitted an assessment of special benefit for the 7,578 rr vacation area for consideration by the City Council (Attachment 2). The applicant's analysis has determined that 1,908 rr of the vacation area will be encumbered by Public Utility Easements, leaving a net area of 5,670 rr. Using data from the Lane County Assessor's Office for adjacent commercial and residential properties, the applicant has determined a gross value of $43,098 for the vacation area. This includes a 25% discount for the 1,908 rr containing Public Utility Easements (PUEs). Finding 17: The applicant proposes a $9,355 discount for future improvements to the triangular "wedge" of right-of-way east of the 18th Street alignment. The applicant contends that costs for curb, gutter and landscaping for this 1,817 rr area would be incurred only in the event the vacation area is incorporated into the adjacent development area and it becomes part of the site frontage. Therefore, if the vacation action were not to occur, the applicant would not be responsible for improving the area on the east side of 18th Street. Finding 18: The net assessment of special benefit determined by the applicant for the vacation area is $33.743. Stafffmd that the applicant's analysis attributes a reasonable value to the vacation area based on current neighborhood land values prepared by the Lane County Assessor's office. The discounts attributed to the vacation area for PUEs and right-of-way improvements, as proposed by the applicant, are consistent with provisions of the Springfield Municipal Code. Conclusion: The proposed right-of-way vacation complies with Criterion (b). (c) There shall be no negative effects on access, traffic circulation, emergency service protection or any other benefit derived from the public right-of-way[,] pnblicly owned land or Partition or Subdivision Plat. Applicant Submittal: "The stub of existing 1/fh Street right-of-way proposedfor Vacation terminates beside the applicant's property and does not extend south to connect to 'Q' Street. City traffic staff has indicated [Planning Case] (ZON2006-00050) that the City does not have future usefor the subject right- of-way for traffic circulation. The only three properties to which the subject right-of-way provides access (Fax Lots 4700, 4800 and 4900 on Assessor's Map 17-03-25-24) are owned by the applicant. Contingent upon approval, the applicant anticipates combining access for these three abutting properties into a single driveway to be located north of the vacated right-of-way to provide access from 1/fh Street. Combining access to the properties will occur during development of the applicant's properties. Therefore, no negative effects on access will occur because access to the properties is not affected by the Vaeation. Regarding emergency service protection, as stated, the applicant anricipates combining access to the abutting properties into one driveway to serve the future development site and said driveway will provide ATTACHMENT 1 - 4 emergency service protection consistent with Fire Code. The applicant is requesting an approach permit from the Oregon Department of Transportation to provide Public Works staff physical access to the stormwater detention system from 'Q' Street (no access to the property via 'Q' Street is proposed other than for City staff to monitor the anticipated stormwater detention system and said access will be via a gated and locked entrance). Emergency service protection will be available via said access. . In addition, as the Assessor's Map 17-03-25-24 demonstrates, the entirety of each of the three abutting properties is within 150 feet of either 'Q' Street or 1 tfh Street (as 1 tfh Street would be after the requested right-of-way Vacation) and therefore emergency service protection is available to all properties. Because the subject right-of-way is not usedfor traffic movement other than for access to the applicant's abutting properties, Vacation of said right-of-way will not create dangerous or hazardous traffic , conditions. Because there will be no negative effects on access, traffic circulation, emergency service protection or traffic safety, the Vacation complies with this criterion." Staff Findings: Finding 19: The requested vacation will not have an effect on traffic circulation, as the vacation area is outside the developed intersection of 18th Street and Q Street. The right-of-way requested for vacation is a dead-end portion oflocal street that provides access to one existing dwelling on Tax Lot 4800. The dwelling is owned by the applicant and is proposed for future removal. Finding 20: Springfield Fire and Life Safety requests that provision for legal access to Tax Lot 4800 is retained until such time as the dwelling is removed and the applicant's parcels are consolidated into a single development site. Finding 21: The applicant has not demonstrated that sufficient legal access will be provided to Tax Lots 4800 and 4900 upon vacation of the right-of-way. The City would not support driveway access directly onto Q Street for each of these parcels. To ensure legal and physical access to the development site is limited to the 18th Street frontage, parcel consolidation into a single titled area is recommended. , Finding 22: Prior to consolidation of the tax lots into a single development site, the existing dwellings on Tax Lots 4700 and 4800 will have to be removed. Finding 23: The driveway access configuration for the future commercial office building on Tax Lots 3600,4700,4800,4900 and 5000 will be subject to review and approval by the City under a Site Plan Review application. Finding 24: The applicant has proposed to abandon or relocate public utilities within the vacation area to facilitate future commercial development on the site. All utility relocation activities will be subject to review and approval by the City and affected agencies, and done at the applicant's risk and expense. An approved Public Improvement Project (PIP) plan will be required for relocation of public utilities. Finding 25: SUB Electric and SUB Water advise they have operating service lines within the vacation area, and request easements to accommodate the existing utility lines. The applicant will be responsible for providing necessary utility easements or otherwise accommodating existing and/or relocated utilities serving the development site and adjacent properties. Finding 26: The applicant's utility abandonment plan shows removal of sanitary sewer, water and overhead electrical lines within the vacation area. The overhead electricallines serve a power pole with streetlight at the south end of the vacation area. The streetlight is on the northern edge of Q Street and benefits this collector street. Removal of the electrical lines will leave this power pole without service to ATTACHMENT 1 - 5 the streetlight. The applicant will be responsible for ensuring the streetlight function is not compromised by the proposed utility abandonment plan. Finding 27: Upon vacation of the 18th Street right-of-way (as platted in the Ronald Park Plat, 1948), the City Surveyor advises that the requested vacation area can be transferred to the legal lots with direct frontage on the public right-of-way (specifically, Tax Lots 4700,4800 and 4900). Finding 28: Lane County Deeds & Records advises there is no specific deadl.ine for recording of a vacation ordinance after it has been passed by the City Council. Therefore, the applicant will have an open-ended time line to address any conditions of the vacation ordinance prior to recording at Lane County. The vacation action will not be effective until the ordinance is recorded. Finding 29: Prior to recording of the Vacation Ordinance, the applicant will have to provide for the planning and relocation of any utility lines and easements located within the vacation area. The relocation of public utilities shall be approved on a Final Site Plan and completed with necessary permits and plans, and approved by the City's Public Works Department. The vacation ordinance provides for the continued operation, maintenance and access for existing utility lines within the vacation area. RECOMMENDED CONDITION: 1. Prior to recording of the Vacation Ordinance, the applicant shall remove the dwellings on Tax Lots 4700 and 4800, and consolidate Tax Lots 3600, 4700, 4800, 4900 and 5000 into a single legal entity. Conclusion: Staffhave concluded that the proposed right-of-way vacation will have no adverse effect on traffic circulation, pedestrian and bicycle connectivity, emergency service provision or any other benefit obtained from the right-of-way in its current status. As proposed and conditioned herein, the public right- of-way vacation complies with Criterion (c). CONCLUSION Staff have dem~nstrated that, subject to the recommended conditions of approval, the proposed request to vacate the public right-of-way is in conformance with the vacation criteria of approval (Ref. SDC 9.060(2)). RECOMMENDATION Staff recommends approval of the proposed vacation subject to the condition stated below: 1. Prior to recording of the Vacation Ordinance, the applicant shall remove the dwellings on Tax Lots 4700 and 4800, and consolidate Tax Lots 3600, 4700, 4800, 4900 and 5000 into a single legal entity. ACTION REQUESTED Approval of the requested right-of-way vacation by adoption of the attached Vacation Ordinance. ATTACHMENT 1 - 6 EXHIBIT A - P1 EXHIBIT A Proposed Vacation of a Segment of 18th Street Right-Of-Way Legal Description of Subject Area Commencing at the Northeast corner Lot 33 Ronald Park as platted and recorded in Book 14 Page 13, Lane County Oregon Plat Records, said point also being on the Westerly right-of-way line of 18th Street of said plat; thence following along said Westerly right-of-way, South 57.49 feet to the true point of beginning; thence leaving said Westerly right-of-way, East 50.00 feet to a point on the Easterly right-of-way of 18th Street; thence following along said Easterly right-of-way, South 110.20 feet to a point being 37.00 feet from, when measured at right angles to, the centerline of Q Street; thence following along a line parallel with and 37.00 feet offset from said centerline, along a curve to right, having a radius of 281.31 feet, an arc distance of 89.83 feet [the chord of which bears South 33059' 07" West 89.45 feet] to the Westerly right-of-way of said 18th Street; thence following along said Westerly right-of-way North 184.37 feet to the true point of beginning, containing 7,578 square feet, more or less, all within the Northwest Quarter of Section 25, Township 17 South, Range 3 West of the Willamette Meridian, Springfield, Lane County, Oregon. ATTACHMENT 1 - 7 , I . II !~ 60.IR ... )> -i -i )> (") ::I: :s:: m Z -i ..... ( l 1~ I~I I , :~ ~~I ~~, ~:~I 1-4, ~~ ~~ I ~I~ I"", I~I I~ I~I' I~ 1 , : I J , : I 1 I co I I 1 I I , , /. .J-. . . --r ../ -0 - 1 22 'IL,,0o1 FOiJNO .1/#" /lION P/~ (R..1) 'IL"ooo 20.00' (R..1) 'IL ,gOO 'IL ,gll~ 23 FOUNO 5/8" IRON ROO (RtF IN R.4) RONALD (180.0' R.I) 24 'IL 61rfJ t\. D8rfJ REFERENCES. 'IL:J8rf.l R. 1 RONALD PARK BOOK 14, PAGE 1.1 lCOPR R.2 GSF 12.197.1 SURvrrOR: GEI/ALD K. AmG GU<Nr: OSCAR HUGHes 25 R..1 GSF 12.J855 . SURVf:YOR: UAlMN S. KRUSH GUENr: BU/NE lIARTIN R.4 GSF 1.12618 S/JRIIfYOR: 1141W L BROWN CUENr: OU""'G ROSOURCES GORP. 28 'IL "rfJ 'IL ,6rf.l 27 --- ---- --- ---- x 0 400 00 4900 MODIFICATION OF 18TH STREET VACATION FW 1/4 3~ECTION 2~Lo.JT17S, R3W, ~iM. 1 251~ 1/ I ....0 I . I 'IL """ 1 I 1 II >1>. of> I 5D'R/141 f I 1 I I h. J I 1 I 1 lrARK 1 I I I N + 40 40 .. 18m SrRrrr RlGHr-oF-WAY ~R PUor OF RONALD PARK Sa<<< IN ffET REDUCED COpy 34 'IL~ LEGAL DESCRIPTION OF PORTION TO BE VACATED 1 I..... 33 I; ,:-=- TL 4700 : ~ 14611 SF EXISTING :i I~ I GOIoIU<NGING Ar mE NORmE:ASr CORNER LOr .1.1 RONALD PARK. AS PUnE:D AND RECORDED IN BOOK 14 PAGE ,.1 WlE COUNTY OREGON PUor ROGOROS, SAlO POINr ALSO BDNG ON mE WESIFRlY RIGHr-OF WAY UNE OF 18m SrR/Ir OF SAID PUor,. mENCE FOLLOWING ALONG SAiD WESIfRLY R1GHr-DF-WAY, SOU/H 57.49 ffEr rD /HE /RUE POINr OF BE:GlNNING; rlfENCE lEAIIING SAID WESTERLY RlGHr-OF-wAy, EAsr 50.00 ffEr ro A POINr ON rifE EASIFRlY RIGHr-OF-WAY OF 18r1f STREIT; rlfENCE FOLLOWING ALONG SAiD EASIFRl Y RIGHr -OF -WA y, 5DUrIf 110.20 ffET ro A POINr BaNG .17.00 ffET FROU. WHEN AlEASURED Ar RIGHr ANGles ro, rifE CEN1FRl1NE OF '0. STREIT; rIf<NCE FOUOWING ALONG A LINE PARALlEL WlrIf ANO .17.00 ffET 0ffSil ffi{)U SAiO CENIFRLINE, ALONG A CURIof ro R1GHr, HAiliNG A RAOIUS OF 281..1 I FEIT, AN ARC D1SrANCE OF B9.8J ffET [/HE CHORD OF WHICH B<NIS SOU/H .1.1'59'07" WEsr 89.45 ffET) ro rHE wesIFRLY R1GHr-OF-WAY OF SAID /lim SrR/Ir; rlfENCE roUOWlNG ALONG SAID WESIfRLY R1GHr-OF-WAY NOR/H 184..17 FEIT ro rifE /RUE POINr OF BE:GlNNING. CONrAJNING 7578 SQUARE FEU. AlORE DR LESS. ALL WlrlflN rifE NORrlfWESr QUARIFR OF SEcnON 25. roWNSHIP " SOUrIf. RANGE .1 WEsr OF rifE WlllAAlITIF U8I/DIAN, SPRINGRfiD, WlE COUNTY. OREGON. 32 NOTE TL 4800 14611 SF EXISTING 1. PlEASE REFER ro AFffCIFD PROpaWES UAP FOR COIoIPLVoNCE WlrIf ORS 271.080. 2. AFF:TR VMC/lON COAIBINED rAX LOr AREA WlrIf VACAIlON Will BE 58409 SF. ./ . !i ./ .~~.~ . .. \ /.'~1 .: ",FJSQ\ ./ LEGEND o roUND AlONUUENr AS NOIFD f/IID 1/2" IRON PIPE (R.I) 31 TL 4900 13829 SF EXISTING ~ d = 18.".46. R ~ 281..11' 1 = 89.8.1' NO/HING FOUND, NDrIfING SIT BOUNDARY LINE RIGHr-of-WAY LINE ADJAcmr LOr UNE -------- DlISI1NG CURB o DlISI1NG SIDEWALK DlISI1NG PAIofUENr I I I I I I l- I I I ~Goebelllll(lneerm. 6: SuneyiD( DGUilIDSXG au..,DiI; PWOIDIQ JIG co..~ ..... ... la, ~. a...... 1140:1 (ttllll'-G&41 ----- CENIFR/.INE -..-..-..-..- ODOr R1GHr-OF-WAY -~"_...... AREA ro 8E VACA/W m >< ::I: OJ NT> -i )> I - ~ VICINITY IlAP -0 r-,) I'U':IDaJ1J-GII\"",,MlQ....w:DII'lO I'llJ,otnLl41I(/_1 SATRE ASSOCIATES, PoCo Planners, Landscape Architects and Environmental Specialists. 132 East Broadway, Suite 536, Eugene, Oregon 97401 (541) 465-4721 0 Fax (541) 465-4722 0 1-800-662-7094 www.satrepc.com IIII!tfJI III SATRE ASSOCIATES January 10,2008 Assessment of Special Benefit LRP2007-00024 Application for Vacation of Right.of-Way, Type IV Scott McKee - Quality Financial Plan Pension Plan and Trust The applicant appreciates the chance to submit the following points into the public record for use in calculating the value of the assessment of special benefit in accordance with Springfield Municipal Code Subsection 3.204. Per Subsection 3.204, the Assessment of Special Benefit is required to include: a) The value of the real property; b) The costs incurred by the city in the construction of public improvements, if any such improvements have been made; c) The value of any public easements or reservations retained by the city. Subsection 3.204 a) The value of the real property: The square" foot value of area properties is provided on two Excel Spreadsheet tables (attached). The tables display the land value, expressed in dollars per square foot, for land in residential and commercial Metro Plan designation near the Right-of-Way (ROW) proposed for vacation. Table #1: Commercial Designation . Table #1 provides the average land valuel for land in Commercial Metro Plan Designation near the subject ROW. In this area, the average land value in this designation is $10.55 per square foot. Table #2: Medium Density Residential Designation Table #2 provides the average land value for land in Medium Density Residential Metro Plan Designation on the block abutting the subject ROW, including the applicant's properties. In this area, the average land value in this designation is $7.69 per square foot. If the Vacation is approved, the Medium Density Residential Metro Plan Designation and the General Office Springfield zoning will be applied to the subject ROW because the applicant's abutting land, to which the subject ROW would be disposed, is so designated and zoned. 1 The land and improvement data in Table # 1 and #2 are extracted from the L~e Council of Governments' Regional Land Information Database (RLID) and show the current information pr<?vided by the Lane County Department of Assessment and Taxation. ATTACHMENT 2 - 1 As demonstrated by Tables #1 and #2, almost all area lots are developed. The tables include a column displaying the ratio of improvements to land value. High improvement values correlate with high land values in both Plan designations. This correlation indicates the land value per square foot is lower for vacant and underdeveloped land than for improved land. Also, the tables indicate that direct access to an arterial or collector street correlates with a higher per-square-foot land values. As demonstrated by Table #1 (attached) and Lane County Assessor's Map 17-03-25-13, access to a collector or arterial street tends to increase land value. Of the 16 area tax lots designated Commercial and zoned Community Commercial, only four lack access to an arterial (Marcola Road) or collector ("Q" Street) street. Of these four tax lots, three have the lowest per-square- foot land value of any of the 16 area tax lots so designated and zoned (the three are Map 17-03-25-13, Tax Lots 700, 701 and 702). The applicant's property abuttin~ the subject ROW (and the ROW itself, if vacated) also lacks collector or arterial street access . This implies the per-square-foot land value of the applicant's abutting property, and hence the potential value of special benefit from the proposed ROW Vacation, would be lower than if it had collector or arterial street access. In fact, the applicant's four contiguous properties (Map 17-03-25-24, Tax Lots 3600, 4700, 4800 and 4900), which have only local street access and are underdeveloped - combined, the four properties have approximately 2,000. square feet of building footprint on a 1.17 -acre area - are at the lower end of the range of values in this Plan designation. The land value data provided by Lane County Assessment and Taxation indicate that Tax Lot 3600, which has frontage on "Q" Street ("Q" Street is classified as a Collector street on the city's Conceptual Road Network map) but will have no direct access to "Q" Street (as per Finding #19 of the Staff Report to the City Council for this application, dated November 19, 2007), has a higher value per square foot than do the other three lots (Lots 4700, 4800 and 4900) that currently take access via the subject ROW of 18th Street (18th Street is classified as a Local street). Table #3 . Condensed from Table #2 to focus on the applicant's properties to which the subject ROW would be conveyed upon Vacation, Table #3 provides the land area and land value data for the three tax lots that abut the subject ROW: Map 17-03-25-24, Tax Lots 4700, 4800 and 4900, all owned by the applicant. As shown by Table #3, the average dollar/square foot land value for said three tax lots is $6.07 per square foot. Based on discussions with Len Goodwin, assistant public works director, in calculating a value for ROW to be vacated, the value for ROW encumbered by public utility easements is discounted by' 25% for the PUB square-footage only. The subject ROW is 7,578 square feet. Contingent upon approval of the ROW Vacation, a 10' PUB will be retained along the eastern and southern edges. As shown on the Map prepared by Goebel Engineering & Surveying, Inc., attached, the PUB is 1,908 square feet. The remainder of the subject ROW comprises 5,670 square feet. Using the average dollar/square foot ($/sf) land value for the abutting three properties as a baseline for calculations: 2 If the Vacation is approved, no access will be provided directly to the applicant's properties from "Q" Street (City Case No. LRP2007-00024, Finding #19). 2 ATTACHMENT 2 - 2 Average land value = $6.07/sf. $6.07 x 0.75 = $4.55. Subject ROW square footage = 7,578 sf. ROW in PUB = 1,908 sf. ROW not in PUB = 5,670 sf. $4.55 x 1,908 sf= $6.07 x 5,670 sf= Total = $ 8,681 $34.417 $43,098 Against that amount, consider the monetary amount of public improvements the applicant will provide the city. , The remaining ROW between the subject ROWand Q Street (referred to in October 16,2007 staff report to Springfield Planning Commission as the ''wedge'') will be graded and landscaped (Grading, drainage, soil, soil prep, landscape plantings and irrigation). The remaining ROW = 1,871 sf. Estimated basic site improvement costs = $5/sf for the wedge. 1,871 x $5= $9,355. The intersection of 18th and "Q" Streets will be improved, with abandonment of existing utilities,?TId demolition and reconstruction with curbing and pavement of approximately 70 lineal feet of intersection (based on. a preliminary engineer's estimate from Goebel Engineering & Surveying, Inc., to be submitted into the record along with a preliminary design prior to the City Council public hearing). The engineer's preliminary estimated cost for the intersection improvements is $35,000. Using the estimates above: Total ROW $/sfland value based on comparables = Estimated site improvement costs for wedge = ROW $/sf land value - wedge improvement costs = Total ROW $/sfland value based on comparables = Cost for intersection improvements at 18th & "Q" = ROW $/sf land value - intersection improvement costs = Total ROW $/sfland value based on comparables = Cost for improvements to intersection and wedge = ROW $/sfland value - ROW improvements - . $43,098. $ 9.355. $33,743. $43,098. $35.000. $ 8,098. $43,098. $44.355. $ -1,257. If the city is estimating the assessment of special benefit based on an estimate of the per-square- foot land value of the subject ROW, the applicant submits the figure of$43,098 as an appropriate per-square-foot land value, based on the Lane County Department of Assessment and Taxation's current estimated land values of the abutting three properties (average $6.07/sf), on the ATTACHMENT 2 - 3 3 Springfield Department of Public Works's standard method of discounting by 25 percent the land value of ROW encumbered with Public Utility Easements (in this case, 1,908 square feet of ROW), and on the square footage of the ROW proposed for vacation (the subject ROW contains 7,578 square feet). Against this $43,098, the applicant requests the city subtract the estimated cost for basic site improvements to the "wedge" of ROW between the "Q" Street and the subject ROW. This would leave an assessment of special benefit of$33,743. In addition, the applicant requests the city consider the cost of the maintenance of the "wedge", which will be the applicant's responsibility upon approval of the Vacation but is the city's responsibility now, and consider that in determining an assessment of benefit. In addition, the applicant requests the city subtract the estimated cost for intersection reconstruction, for which the engineer's preliminary estimate is $35,000 as noted above. Assuming the estimate of $43,098, subtracting intersection improvement costs would leave an assessment of special benefit of $8,098. . If the city agrees to subtract the costs for improvements to the inter~ection and the costs for improvements to the "wedge", the result is a negative number ($ -1,257). Ip other words, if the city agrees to subtract the costs of both improvement projects from the per-square foot land value of the subject ROW, the result will be to approximately zero out the calculation. Other factors that affect the value of the real property and hence, the potential assessment of special benefit: Staff indicates that because of the curving nature ofQ Street adjacent to the subject ROWand the ROW's oblique orientation to Q Street it wouldn't be feasible or desirable to extend it to "Q" Street, and that from a functional perspective the subject ROW provides access to one existing residential-dwelling (the dwelling is on the applicant's property and will be removed) and is a partially developed dead-end segment of local street (refer to Staff Report and Findings for the Springfield Planning Commission's October 16,2007 Public Hearing, Attachment 1, pp. 1-2, Case No. LRP2007-00024). This indicates the ROW is of marginal value to the city. The applicant's abutting property is already large enough to develop without the addition of the subject ROW. The ROW is on the edge of the applicant's property and while it is certainly of value, it is not essential to site development. The property to which the subject ROW would be disposed upon Vacation is contiguous to MDR residential land and thus is limited in terms of use, building size, building height and other factors by that proximity. Subsection 3.204 b) Costs incurred by the city in the construction of public improvements: It is our understanding the ROW is minimally improved, with a 20-foot.wideasphalt mat surface, is not improved to urban standards, and lacks curb, gutter, sidewalk, and full width of paving (refer to Staff Report and Findings for the Springfield Planning Commission's October 16,2007 Public Hearing, Attachment 1-1, Case No. LRP2007-00024). We anticipate Public Works staff will be able to provide accurate information regarding costs incurred by the city in the construction of public improvements. 4 ATTACHMENT 2 - 4 Subsection 3.204 c) The value of any public easements or reservations retained by the city: This is addressed in our comments under Subsection 3.204 a). Conclusion We appreciate the opportunity to submit this information and request the city incorporate it into its calculations to determine the amount of the assessment of special benefit to recommend to the Springfield City Council. If we can provide additional information, please don't hesitate to contact us. 5 ATTACHMENT 2 - 5 Refinement Metro Mao & Tax Lot Address ZoninQ Plan (Q St.) Plan Lot Size Land Value Dollar/SF Irno Value Irno/Land 1703252405400 1805 18TH ST CC CC C 10,890 $ 117,026 $ 10.75 $ 162,020.00 1.38 1703252405202 2000 19th St. CC C 23,522 $ 394,991 $ 16.79 $ 795,210.00 2.01 1703252405500 1950 Mohawk Blvd CC CC C 60,984 $ 854,020 $ 14.00 $ 966,090.00 1.13 1703251300500 1977 Mohawk CC C 37,462 $ 639,370 $ 17 .07 $ 590,990.00 0.92 1703251300702 1875 Mohawk Blvd CC C 64,033 $ 522,958 $ 8.17 $ 2,555,010.00 4.89 1703251300701 No address CC C 26,136 $ 219,437 $ 8.40 $ 263,930.00 1.20 1703251300700 2005 Marcola Rd A CC C 198,198 $ 1,499,174 $ 7.56 $ 4,706,660.00 3.14 1703251301501 2000 Marcola Road CC C 170,320 $ 1,755,363 $ 10.31 $ 3,229,320.00 1.84 1703251300400 1900 Marcola Road CC C 6,534 $ 121,032 $ 18.52 $ 4,800.00 0.04 1703251300301 201119th St CC C 14,375 $ 293,903 $ 20.45 $ 270,100.00 0.92 1703251300300 No address CC C 1,307 $ 34,580 $ 26.46 $ 3,000.00 0.09 1703251300102 No address CC C 3,485 $ 81,020 $ 23.25 $ 443,460.00 5.47 1703251301500 1944 Marcola Rd CC C 130,680 $ 1,349,870 $ 10.33 $ 5,215,640.00 3.86 1703251301600 2130 Marcola Rd CC C 103,673 $ 1,071,185 $ 10.33 $ 2,040,260.00 1.90 1703251301700 2260 Marcola Rd CC C 81,893 $ 850,653 $ 10.39 $ 1,277,220.00 1.50 1703251301800 2280 Marcola Rd CC C 74,923 $ 834,034 $ 11.13 $ 2,046,430.00 2.45 Total Land and Avg $/SF 1,008,415 $ 10,638,616 $ 10.55 )> --I --I )> (") :I: s:: m Z --I I'.) (7) Assessment ot Special Benefit Table #1 LRP2007-00024 Application tor Vacation of Right-of-Way, Type IV Land Value ($/Square Foot) for Developed Lots in Commercial Metro Plan Designation near the Right-ot-Way proposed for Vacation Source: Lane Council of Governments Regional Land Information Database, using Lane County Department of Assessment and Taxation Data "CC" is Community Commercial Zoning and Refinement Plan Designation "C" is Commercial Metro Plan Designation Note: If the vacation is approved, Metro Plan Medium-Density Residential designation will be applied to the subject Right-of-Way IIII!!IIJI - SATRE ASSOCIATES Land Value ($/Square Foot) for Developed Lots in Medium-Density Residential Metro Plan Designation near the Right-of-Way proposed for Vacation (includes the applicant's properties) ;.w SATRE ASSOCIATES Assessment of Special Benefit Table #2 LRP2007-00024 Application for Vacation of Right-of-Way, Type IV )> -t -t )> n ::I: s: m :z: -t Refinement Metro Map & Tax Lot Address Zoning Plan (Q St.) Plan Lot Size Land Value I Dollar/SF Imp Value Imp/Land 1703252403500 1809 N. 17th St. MDR MDR MDR 8,276 $ 71 857 $ 8.68 $ 199 740 2.78 1703252403600 No site address GO GO MDR 8,276 $ 63,829 $ 7.71 0 0 1703252403700 1863 N. 17th St. MDR MDR MDR 16117 $ 90,067 $ 5.59 $ 451 270 5.01 1703252403800 1865 N. 17th St. MDR MDR MDR 16117 $ 81,462 $ 5.05 $ 481 040 5.91 1703252403900 1919 N. 17th St. MDR MDR MDR 8712 $ 73.579 $ 8.45 $ 134780 1.83 1703252403902 1963 N. 17th St. MDR MDR MDR 9148 $ 60,190 $ 6.58 $ 357 100 5.93 1703252404000 1939 N. 17th St. MDR MDR MDR 9148 $ 68,982 $ 7.54 $ 124 860 1.81 1703252404001 1945 N. 17th St. MDR MDR MDR 6,970 $ 70,944 $ 10.18 $ 155,180 2.19 1703252404100 1985 N. 17th St. MDR MDR MDR 7,841 $ 70,687 $ 9.02 $ 88,220 1.25 1703252404101 1963 N. 17th St. MDR MDR MDR 7405 $ 70,231 $ 9.48 $ 139 170 1.98 1703252404200 1725 S ST MDR MDR MDR 9148 $ 70,231 $ 7.68 $ 162 730 2.32 1703252404201 1741 S st MDR MDR MDR 6.098 $ 67.825 $ 11.12 $ 160 670 2.37 1703252404300 1759 S ST MDR MDR MDR 13,504 $ 94,063 $ 6.97 $ 130 050 1.38 1703252404400 1960 N. 18th St. MDR MDR MDR 13,504 $ 90,067 $ 6.67 $ 103,030 1.14 1703252404500 1960 N. 18th St. MDR MDR MDR 14,375 $ 90,067 $ 6.27 $ 88,570 0.98 1703252404600 1928 N. 18th St. MDR MDR MDR 14,375 $ 90,067 $ 6.27 $ 134,120 1.49 1703252404700 1886 N. 18th St. GO GO MDR 14.375 $ 90,067 $ 6.27 $ 82 11 0 0.91 1703252404800 1866 N. 18th St. GO GO MDR 14,375 $ 90.067 $ 6.27 $ 94 360 1.05 1703252404900 No site address GO GO MDR 13,939 $ 79,027 $ 5.67 $ - 0.00 1703252405600 1885 N. 17th St. MDR MDR MDR 5,663 $ 67,008 $ 11.83 $ 185,200 2.76 1703252405700 1893 N. 17th St. MDR MDR MDR 7,841 $ 64,908 $ 8.28 $ 184,050 2.84 lotal Lana ana Average :ji/~quare t-oot $ 1,615,225 $ 7.69 N ....,J Source: Lane Council of Govemments Regional Land Information Database, using Lane County Department of Assessment and Taxation Data "GO" is General Office zoning and Refinement Plan Designation "MDR" is Medium-Density Residential Refinement Plan and Metro Plan Designation Note: If the vacation is approved, Metro Plan Medium-Density Residential designation will be applied to the subject Right-of-Way )> -f -f )> (") ::I: :s:: m Z -f N 00 ,Assessment of Special Benefit Table #3 LRP2007-00024 Application for Vacation of Right-of-Way, Type IV ~ - SATRE ASSOCIATES Land Value ($/Square Foot) for the three Lots In Medium-DenslfyResldential Metro Plan Designation abutting the Right-of-Way proposed for Vacation Refinement Metro Map & Tax Lot Address Zonina Plan (Q SO Plan Lot Size Land Value Dollar/SF Imp Value Imp/Land 1703252404700 1886 N. 18th St. GO GO MDR 14,375 $ 90,067 $ 6.27 $ 82,110 0.91 1703252404800 1866 N. 18th St. GO GO MDR 14,375 $ 90,067 $ 6.27 $ 94,360 1.05 1703252404900 No site address GO GO MDR 13,939 $ 79;027 $ 5.67 $ - 0.00 II etal Land and-Average $ .Square 1"00 $ 259,161 $ 6.07 Source: Lane Council of Governments Regional Land Information Database, using Lane County Department of Assessment and Taxation Data "GO" is General Office zoning and Refinement Plan Designation "MDR" is Medium-Density Residential Refinement Plan and Metro Plan Designation Note: If the vacation is approved, Metro Plan Medium-Density Residential designation will be applied to the subject Right-of-Way Evans Elder & Brown In.. t(')MMUiCAL ,:['.\1. F5T,\1 b November 15. 2007 Scott McKee 1101 16th Street Springfield, OregoJ,1 97477 Re: Vacated Portion of 18th Street Scott: I understand you have the opportunity to receive that 7,578 square foot vacated portion of 18th Street adjacent your property at 18th & Q Streets. Construction plans for your new building on the five adjacent tax lots you currently own describe lPl18,300 square foot two-story building with a footppnt.of 12,500 square feet. The current site size is 50,831 square feet. These improvements fit comfortably on your current 'site, without need for additional land. I believe any Value this additional parcel would add to your construction project would be in adding to the sites aesthetics only. Very truly yours, -.-) ~ Jeff Elder 101 East Broadway Suilt, i 01 Etlg~ne. OR 9740 I TEL (541) 345-4860 FAX: (541)345-9649 ATTACHMENT 2 - 9 )> -t -t )> C") ::I: s: m Z -t c:..:l ...... 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I I' '/.. ;}..; X,.;,; ;..,:",;~~ . i N ATTACHMENT 3 - 3 BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON RECOMMENDATION TO THE CITY COUNCll. CASE NO. LRP2007-00024 NATURE OF THE APPLICATION Vacation of a segment of 18th Street located south of the developed intersection with Q Street, and north and west of the Q Street right-of-way. 1. On September 12, 2007, the applicant requested the vacation action in accordance with Springfield Development Code 9.060(2), Planning Case No. LRP2007-00024 -:- Scott McKee, applicant. 2. The application was initjated in accordance with Section 3.050 of the Springfield Development Code. Timely and sufficient notice of public hearing, purs~t to Sections 14.030 and 9.050 of the Springfield Development Code, has been provided. 3. On October 16, 2007, a public hearing on the vacation request was held. The Development Services Department staff notes and recommendation together with the testimony 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, and subject to the conditions stated herein, the requested vacation application is consistent with the criteria of SDC 9.030(2). This general finding is supported by the specific findings of fact, recommended conditions, and conclusion in ,Attachment A, Vacation StafIReport. RECOMMENDATION ,; The Planning Commission hereby recommends the City Council approve the vacation request at a public hearing subject to the conditions below: 1. Prior to consideration of the Vacation Ordinance by the City Council, the applicant shall prepare and submit an Assessment of Special Benefit for the vacation area that is satisfactory to the City Manager. 2. Prior to recording of the Vacation Ordinance, the applicant shall remove the dwellings on Tax Lots 4700 and 4800, and consolidate Tax Lots 3600, 4700, 4800, 4900 and 5000 into a single legal entity. 3. Prior to recording of the Vacation Ordinance, the applicant at their own risk and expense shall take necessary actions to relocate or otherwise accommodate any utility lines and easements located Within the vacation area. The relocation of public utilities shall be completed through a Public Improvement Project plan approved by the City's Public Works Department. 4. Prior to consideration of the Vacation Ordinance by the City Council, the applicant shall prepare and submit a revised vacation area map and legal description for that portion of 18th Street that is inside the Ronald Park plat boundary. ATTEST. AYES: (p . NOES: fjJ ABSENT: I ABSTAIN: f ATTACHMENT 4 - 1 VACATION ORDINANCE NO. (SPECIAL) AN ORDINANCE VACATING A PORTION OF ISTH STREET WITHIN RONALD PARK SUBDIVISION AS PLATTED AND RECORDED IN BOOK 14 PAGE 13 PLAT RECORDS OF LANE COUNTY, OREGON WHEREAS, the Springfield Common Council has declared its intention to vacate public right-of-way in the City of Springfield; and WHEREAS, the request for vacation was submitted in conformance with the provisions of ORS 271.080 et. seq., and with the provisions of Article 9 VACATIONS of the Springfield Development Code; and WHEREAS, the findings and testimony submitted by the applicant and those in support of this vacation satisfy the criteria of approval for vacations found in Section 9.060(2) of the Springfield Development Code; 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 Planning Commission conducted a public hearing on October 16,2007 in the Council Chambers of Springfield City Hall, 225 Fifth Street, Springfield OR and recommended conditional approval of this public right-of-way vacation (LRP2007-00024); and WHEREAS, the Springfield Common Council met in Council Chambers, at 225 Fifth Street, on Monday, the 19th day of November, 2007, (First Reading) and on Monday the _ day of ,2008, (Second Reading) at the hour of7:00 p.m., to hear any objections to the proposed vacation and _ persons appeared to object; (Bar Code Sticker) . j Return to: City of Springfield - City Recorder, 225 Fifth Street, Springfield, OR 97477 Ordinance - 1 - ATTACHMENT 5 - 1 NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN, AS FOLLOWS: Section 1; The Council finds that the legal notice of the hearing was lawfully published and posted; that _ objections were made at the vacation hearing held; that the public interest will not be impaired by the vacation of the street right-of-way, and that vacation of said street will be in the best interest of the public and increase the benefit of the property involved. Section 2: The public right-of-way in the City of Springfield, as generally depicted on the site map and more particularly described in the property legal description which are together attached as Exhibit A of this Ordinance, is declared to be vacated. Section 3: Findings 1 through 29 and Conclusions of Law adopted by the Common Council in support of the street right-of-way vacation are hereby made part of this Ordinance by reference. Section 4: This right-of-way vacation is subject to the special provision that Tax Lots 3600, 4700,4800,4900 and 5000 are consolidated with the vacated right-of-way area into a single titled property. Section 5: This right-of-way vacation is subject to the establishment of temporary easements or licenses for existing utilities located within the right-of-way to be maintained, continued, repaired, reconstructed, renewed, replaced, rebuilt or enlarged subject to the provisions of said temporary easements or licenses. Section 5: 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 _ day of 2008, by a vote of _ for and ~ against. APPROVED by the Mayor of the City of Springfield this day of ,2008. Mayor - 2 - i;~!L't!!t;t~.";.-^. ~) 'f'~iI::!!ntlilllLJ-i ~~[.eil,,-~'ti~~ [.Ii rtk"rfiV~I.:U '~~T~O.F:; ~. n ,,-,r"~ ~ DATE: l[Tblc5" ~ -- LEGAL COUNSEL Ordinance ATTACHMENT 5 - 2 ATTEST: City Recorder State of Oregon ) ) ss. County of Lane ) Ordinance This instrument was acknowledged before me on by (Name) I \ as of the City of Springfield. (Position) NOTARY PUBLIC FOR OREGON . My commission expires: - 3 - ATTACHMENT 5 - 3 EXHIBIT A - P1 EXHmIT A I / I j I . I I [J I 1 I I I 1 I 1 j 1 ---.-----1 I I 1___, I 1 I \ 1 I l't 4fJ(JfJ 1 I 1 I I j 1 I ~~~ I "I I I 1 t I !tOll ,~. I 1 t I L_______.__I 1 I I :.u I <:)0 1 133 831 241 1 I I I 1 I r---., 1 I I t 1 I I t 1 I , I I I TL 47t)() "--, "-.. , j I I I I I j 1 I I-- I 1 , I J I I I I I I ------ 25, 132 .1 I 18TH STREET VACATION I , I I 1 , r----j I I I I I j I I I I I I no 48f)() 1 j I I ' I I I I I 1 I ,-.----- t------J I I I I I I 1--1 I I I I I I , 1_____J 1________.1 2t11 '31 I I I 1 I , I I I I 1 I I I no "If)(} I. I "j I " I , ,,' 1 I .... I I ,,' I I ," I I ....... I I ,.. LEGAL DESCRIPTION Commencing at the Northeast corner Lot 33 Ronald Park as platted and recorded in Book 14 Page 13 Lane County Oregon Plat Records, said point also being on the westerly right-of-way line of 18th Street of said plat; . thence following along said Westerly right-of-way, South 57A9 feet to the True Point of Be~inning; thence leaving said Westerly right-of-way, East 50.00 feet to a point on the Easterly right-of-way of 18t Street; thence following along said Easterly right-of-way, South 110.20 feet to a point being 37.00 feet from, when measured. at right angles to, the centerline of Q Street; thence following along a line parallel with and 37.00 feet offset from said centerline, along a curve to right, having a radius of 281.31 feet, an arc distance of 89.83 feet [the chord of which bears South 330 59' OT' West 89A5 feet] to the Westerly right-of-way of said 18th Street; thence following along said Westerly right-of-way North f84.37 feet to the True Point of Beginning, containing 7578 square feet, more or less, all within the Northwest Quarter of Section 25, Township 17 South, Range 3 West of the Willamette Meridian, Springfield, Lane County, Oregon. Ordinance - 4- ATTACHMENT 5 - 4