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HomeMy WebLinkAboutOrdinance 6101 11/29/2004 . ORDINANCE NO. 6101 AN ORDINANCE VACATING A REMAINING FRAGMENT OF RIGHT-OF-WAY IDENTIFIED AS OLD COUNTY ROAD 221, LOCATED ADJACENT TO. 42ND STREET SOUTH OF INDUSTRIAL AVE. WHEREAS, the application 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, lawful notice of the proposed vacation was published lIT the Springfield News and posted at the termination points of the right-of-way; and WHEREAS, the Springfield Planning Commission met on October 19, 2004 and received a staff report that included findings which conclude the proposed right-of-way vacation satisfies the decision criteria found in Section 9.030 of the Springfield Development Code for approving right-of-way vacations; and WHEREAS, the Springfield Planning Commission held a public hearing concerning the proposed plat line vacation on October 19, 2004 and received no testimony in opposition to the vacation; and . WHEREAS, the members of the Planning Commission considering the matter on October 19th voted unanimously to forward their recommendation that the right-of-way vacation be approved, to the City Council; and WHEREAS, such vacation vacates the remaining segment of old County Road 221 previously intended for vacation in and inadvertently omitted from Ordinance 6049 (Special) adopted by this Council on April 7, 2003; 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, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on Monday the 15th day of November, 2004, at the hour of7:00 p.m., to conduct a public hearing and first reading of this ordinance concerning the proposed vacation; . Division of Chief Deputy Clerk Lane County Deeds and Records ~~O~.~~~l~~ $71. 00 (Bar ~ I i 1111111111111111111111111111111111111111111111111 00650774200400941850120122 12/09/2004 01:44:59 PM RPR-ORDN Cnt=l Stn=5 CASHIER 05 $60.00 $11.00 . "----------~--~--- - - ~---------~ --~--- Return to: City of Springfield- City Recorder- 225 Fifth Street- Springfield, OR 97477 ORDINANCE 6101 Page 1 of3 . 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 the public interest will not be impaired by the vacation of this right-of-way, and that vacation of said right-of-way will be in the best interest of the public and increase the benefit of the property involved. Section 2: The right-of-way in the City of Springfield, as described on the site map and in the property description which are together attached as Exhibit A of this Ordinance, is declared to be vacated. Section 3. The City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. Section 4. This right-of-way vacation is subject to and explicitly reserves easement rights for any existing sewer, water main, gas main, conduit of any kind, pole, structure, or things used for or intended for public utilities or public service. The owner of any such utility or thing is hereby reserved the right to access, maintain, continue, repair, reconstruct, renew, replace, rebuild, and enlarge any and all such things under existing or future easements. . Section 5. It is further a condition of this vacation that nothing herein contained shall cause or require the removal or abandonment of any sewer, water main, gas main, conduit, pole or thing used or intended for any public service. The right is hereby reserved for the owner of any such thing to access, maintain, continue repair, reconstruct, renew, replace, rebuild and enlarge any and all such things under existing or future easements. FURTHER, although not part of this Ordinance, the Springfield City Council adopts the findings set forth in the Staff Report which demonstrate conformance ofthis amendment to the Metro Plan, applicable State statutes and applicable State-wide Planning Goals and Administrative Rules, and is attached as Exhibit B. . ORDINANCE 6101 Page 2 of3 . ADOPTED by the Common Council of the City of Springfield this29th day of Nov. ,2004 by a vote of L for and ~ against. (t - absent: Ballew) Council President APPROVED by the~tiyer of the City of Springfield this 29tWay of Nov, 2004. .- ~ Tamalyn Fitch MrryUt Council President State of Oregon ) ) ss. County of Lane ) ~is instrument .was acknowledged before ,me on Novefvtber 2..CJ,(){JfJ'/by J~ r\ Fthh- as tuu-nc..d Pres/Ii e.IL:r of the City of~Ueld. M-w~ My commission expires: llr~-~~ d50r Oregon . .= <fouR-- City Re rde OI"F'ICIAL SEAL'.' . . AMYLSOWA NOTARY PUBLIC OREGON COMMISSION NO. 352109 MY COMMISSION EXPIRES NOV. 22, 2005 \~ v:: -..J \ \":: '-.N ~ \~ \ ~ 'N\ ') \-\ \'>\" ~ ()\J ~ If\ \~ -". \'\) Fo \t 'l-'\ ~ o,>c.(\~-\ ~ L fu,:\\*'-( \ \ \ 7" (J I 0 '-I O~\(~ O~ C"L:"'\' \ R\\()\(\-J~'i . ORDINANCE 6101 Page 3 of3 EXHIBIT-~'1 . EXHIBIT" A" LEGAL DESCRIPTION RIGHT OF WAY VACATION 42ND STREET, SPRINGFIELD, OREGON THAT PORTION OF 42ND STREET ABUTIING THE NORTHERLY BOUNDARY OF LOTS 1 AND.2, BLOCK 1 OF MORROW PLAT AS PLATTED AND RECORDED IN BOOK 19, PAGE 6, LANE COUNTY OREGON PLAT RECORDS, LANE COUNTY OREGON, AND BEING MORE PARTICULARLY DESCIBED AS FOLLOWS: :;; " . BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1 OF SAID MORROW PLAT, SAID POINT BEING ON THE SOUTHERLY MARGIN OF COUNTY ROAD No. 221; THENCE NORTH 0014'57" EAST, 63.64 FEET ALONG THE NORTHERLY PROJECTION OF WEST BOUNDARY OF SAID LOT TO THE INTERSECTION OF A LINE BEING THE SOUTHEASTERLY PROJECTION OF THE SOUTHERLY MARGIN OF 42ND STREET; THENCE ALONG SAID SOUTHEASTERLY PROJECTION, SOUTH 41"25'41" EAST, 258.23 FEET; THENCE ALONG A 48.24 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 41005'32", A LENGTH OF 34.60, THE CHORD OF WHICH BEARS SOUTH 20052'55" EAST, 33.86 FEET TO A POINT ON THE SOUTHERLY MARGIN OF SAID COUNTY ROAD 221, SAID POINT ALSO BEING ON THE NORTHERN BOUNDARY OF LOT 2, BLOCK 1 OF SAID MORROW PLAT; THENCE FOLLOWING ALONG SAID SOUTHERLY MARGIN AND ALONG THE NORTHERLY BOUNDARIES OF LOTS 2 AND 1, BLOCK 1 OF SAID MORROW PLAT, NORTH 46040'00" WEST 178.68 FEET; THENCE ALONG A 266.48 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 14013'34", AND A LENGTH OF 66.15 FEET, THE CHORD OF WHICH BEARS NORTH 53046'47" WEST, 66.00 FEET TO THE POINT OF BEGININNG, ALL WITHIN TOWNSHIP 17 SOUTH, RANGE 2 WEST, SECTION 32, SPRINGFIELD, LANE COUNTY, OREGON, CONTAINING 0.15 ACRES MORE OR LESS. . . NUMBER DELTA ANGLE C1 4 r05'32" C2 14'13'34" CHORD DIRECTION S20'52'55"E N53'46'47"W RADIUS . 48.24 266.48 ARC LENGTH 34.60 66.15 CHORD LENGTH 33.86 66.00 - EXHIBIT "B" RIGHT OF WAY VACATION 42ND STREET, SPRINGFIELD OREGON NUMBER L1 L2 L3 DIRECTION NOO'14'57"E S4r25'41"E N46' 40'00"W DISTANCE 63.64' 258.23' 178.68' ~ "" J,P. HAMMER INDUSTRIAL PARK LOT 13 . LOT 1 ~ t . I I I I I I I i I I I SOUTHERN - - Scale 1" = 1 00' REGISTERED PROFESSIONAL LAND SURVEYOR , <)<) . \ bt<)~\'\\ OREGON JULY 10. 1964 LAWRENCE B. OLSON 655 ENEWAL DATE: 12-31-2004 LO ,." I") ~ I") .<v " C)CO t)'- ~ b MORROW PLAT (/) BOOK 19, PAGE 6 BLOCK 1 ~~ co f'.. f'.. LO I"") "it 1 \ 2 N84"24'W - :i" o 0) l'- 0) I N o en ,.... ...... .q. LO ......... ...... o .q. l'- 0) ~ o ~ Z ~ ~ ::> ~ .. o o N ~ E-t ..... ::> tI) .. ~ tI) ~ o Date16 MAY 2004 Drawn By: K.Nicolas Job No. 3115 :; OLSON & MORRIS, \~ EXHIBIT=B 1 . ---,.: . Request for Vacation of a Right-of-Way Staff Report Date Submitted: October 7, 2004 Journal Number: LRP 2004-00029 . Applicant: Consultant List: City of Springfield Scott Morris Olson & Morris Affected Property Owner: 1410 Oak Street, Suite 200 John Hammer Eugene, OR 97401 P.O. Box 2266 Eugene, OR 97402 Subiect Property Riaht-of-Wav to be Vacated: 880 42nd Street Remaining segment of County Road 221 (Old N Street) adjacent to 42nd Street Map # 17-02-32-22 Tax lots 100, immediately north of SP Rail Spur 200 crossing. Plan and Zone Desianation Related Action: Metro Plan: ' HI Vacation of ROW Springfield Zone: HI Jo. No. 2002-03-088 Executive Summary County Rd. 221, an abandoned half-mile long roadway, was vacated iri April 2003. The vacation followed negotiations between the City and John Hammer for the dedication of right-of-way for a bike and pedestrian path within the Hammer Industrial Subdivision. Right-of-way agreements are often negotiated as part of a vacation action. In this case, the majority of old County Rd. 221 was vacated in exchange for the bike and pedestrian path. In negotiations for the vacation agreement, a 6636 square-foot ( .15 acres) parcel was added to the segment of County Rd. 221 right-of-way described in Harrimer's original vacation application (Journal No. 2002-03-0088). The added segment was inadvertently left out of the final action on Hammer's vacation request. This action vacates the segment that was included in the vacation agreement, but omitted in the original Hammer vacation application. . This vacation request fulfills Section 1. A. of the "Agreement Providing for the Vacation of Certain Segments of Olympic Street Right of Way and Providing for Dedication ofa Multi-Use Path," signed by John Hammer and the City of Springfield in February 2003. Based upon the findings made with respect to the criteria for approving vacations of Hammer ROW Vacation Jo. No. LRP 2004-00029 October 19, 2004 Pg. 1 of 7 2 . rights-of-ways listed in Section 9.030 of the Springfield Development Code, staff recommends approval of the request. Di(3gram 1. Vacated County Rd. 221 and the Subject Parcel . I. Overview of the Proposal The applicant, John Hammer filed an application in October 2001 to subdivide Tax lot 101 as part of a larger subdivision plan. The subdivision tentative plan was approved on 'February 12, 2002. The applicant indicated at that time that he intended to file for a right-of-way vacation (ROW) for an abandoned segment of County Rd. 221 that cut across his property. Jurisdiction over the subject ROW was surrendered by the Lane County Board of Commissioners to the City of Springfield in February of 1965. Hammer requested that a segment of County Rd. 221 be vacated and that the property redeemed from the vacation was added to the adjacent properties. . Parallel to the request for the vacation the City and Hammer negotiated an agreement wherein, Hammer agreed to dedicate right-of-way for a new multi-use path across his property. The agreement stipulated that certain driveway access from two small parcels owned by Hammer be closed. The closure necessitated the vacation of an additional segment of County Rd. 221 that was not part of Hammer's original vacation application. When Hammer's vacation request was approved, the added segment stemming from the negotiations for the multi~use path was not included. Hammer ROW Vacation Jo. No. LRP 2004-00029 October 19, 2004 Pg. 2 of 7 3 . The City initiated a vacatioflrequest for the additional segment of County Rd. 221 that is specified in the agreement for the multi-use path~ on September 30, 2004. Required public notice was posted and mailed to affected property owners and residents. . II. Procedural Requirements Type of Procedure Vacation of a right-of-way isa Type IV procedure as specified in Section 3.1 00(1) (d) of the Springfield Development Code (SDC). The application, together with a staff report and public comment shall be reviewed by the Planning Commission and the City Council. The Commission shall hold a public hearing and issue a decision on the vacation request based on the criteria for approval found in Section 9.030 of the SDC. The Planning Commission shall make a recommendation to the City Council concerning the request that includes its findings with respect to the decision criteria. Section 3.100 (6) provides for a public hearing to be held by the City Council with proper notice being provided as specified in Section 14.030. The Council shall review the application, together with the staff report, findings and recommendation of the Planning Commission, any evidence received prior to and during both the Planning Commission and the City Council hearings, and shall make a decision on the application. . Notice of Public Hearings Notice of the public hearing before the City Council requires the publication of a notice concerning the hearing in a newspaper of general circulation. Such notices are to be published at least 10 days prior to the first public hearing, when two hearings are required. ORS 271.110-N9tice of Hearing, provides additional notice requirements. The statute requires: (1) The city recorder or other recording officer of the city shall give notice of the petition and hearing by publishing a notice in the city official newspaper once each week for two consecutive weeks prior to the hearing. (2) Within five days after the first day of publication of the notice the city recording officer shall cause to be posted at or near each end of the proposed vacation a copy of the notice which shall be headed, "Notice of Street Vacation," "Notice of Plat Vacation" or "Notice of Plat and Street Vacation," as the case may be; the notice shall be posted in at least two conspicuous places in the proposed vacation area. The posting and first day of publication of such notice shall be not less than 14 days before the hearing. . Hammer ROW Vacation Jo. No. LRP 2004-00029 October 19. 2004 Pg. 3 of 7 4 . Petition by Abutting and Affected Property Owners ORS 271.080 states that a petition of abutting property owners and of affected property owners, supporting the right-of-way vacation, must be submitted by an applicant if the . . applicant is initiating the vacation. The statute states: (1) Whenever any person interested in any real property in an incorporated city in this state desires to vacate all or part of any street, avenue, boulevard, alley, plat, public square or other public place, such person may file a petition therefore setting forth a description ofthe ground proposed to be vacated, the purpose for which the ground is proposed to be used and the reason for such vacation. . (2) 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. Th~ 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, ~d 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 tQ 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. [Amended by 1999 c.866 S2] Findings: I. A petition of abutting property owners and affected property owners has been received and presented to the City Recorder. 2. Notice ofthe pending vacation was published in the Springfield News on October 1, 2004, and the following week on October 8, 2004. The first publication date is more than 10 days prior to the date of the first public hearing before the Planning Commission and more than 10 days prior to the hearing before the City Council. 3. Posted notice of the proposed vacation was placed in public places at the termini of the right-of-way segment within 5 days of the published notice. 4. Mailed notice to property owners within 100 feet on October 8, 2004. . 5. A public hearing concerning the vacation was held before the Springfield Planning Commission on October 19,2004. Hammer ROW Vacation Jo. No. LRP 2004-00029 October 19, 2004 Pg. 4 of 7 5 . 6. A staff report and the application together with all supporting materials relied upon by the applicant were available for public review before the Planning Commission hearing. . ConClusion: Procedural requirements for processing the requested vacation of a right-of-way have been met. III. Criteria for Decision Making Article 9.030 ofthe SDC details the criteria to be applied by the Council when considering a vacation request: "The applicant shall demonstrate that the following criteria have been met in order to approve a Vacation request: (1) The Vacation is in conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual Plans. . (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. IV. Findings and Conclusions (1) The Vacation is in conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual Plans. Findings: 7. The Metro Plan designation for properties adjacent to the subject right-of-way and the surrounding area is Heavy Industrial. The Springfield Zoning Map shows the properties are also zoned Heavy Industrial. 8. The subject right-of-way is a small remaining fragment County Rd. 221 that once connected with Kathryn and Olympic Streets to the north and 42nd Street on the east. 9. Jurisdiction over the subject right-of-way was surrendered by Lane County to the City of Springfield in February, 1965. 10. Springfield Ordinance No. 6049 approved the request by John Hammer to vacate a large segment of County Rd. 221 on April 1, 2003. . 11. The subject right of way segment is crossed by driveways which allow access to 42nd Street from two small parcels owned by Mr. Hammer. Closure of these driveways Hammer ROW Vacation Jo. No. LRP 2004-00029 October 19, 2004 Pg. 5 of 7 . .- . .. 6 necessitates the vacation of the subject right-of-way to provide a new access for these properties to 42nd Street via the newly constructed Industrial Way which is lo?ated to the north. . 12. A review of the Springfield Conceptual Local Street Plan (6/97) shows no conflict with the proposed vacation. No street currently connects to the subject right-of-way and no future use of the segment is ~hown on the Plan as part of a future facility. 13. The Springfield Bike Plan shows a bike path on 42nd Street, east of the industrial . subdivision, but no use of the right-of-way is shown. By agreement with John Hammer, property owner, this vacation will result in the fulfillment of an important element of an agreement to dedicate a new right-of-way for a multi-use path on the west side'of 42nd Street, through the Hammer Industrial Subdivision. 14. The vicinity of the right-of-way is within the plan boundaries ofthe Mid-Main Refinement Plan that was adopted in 1986. The Plan makes no mention of the right- of-way (or affected properties) in its maps or policies. 15. A review of Trans Plan's Capital Investment Action List shows no roadway or bikeway project in the foreseeable timeline that depends on the subject right-of-way. Further, vacating the right-of-way does not conflict with the Plan's goals or policies. Conclusion: The proposed vacation conforms to the Metro Plan, and reverses a subdivision configuration that is not consistent with the intended use of the land as designated by the Plan and current zoning. The vacation is not in conflict with adopted Street Plans, and/or Conceptual Plans in the area. (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. Findings: 16. Original comments regarding the vacation were received from through a C Development Review Committee meeting that was held on April 15, 2002. 17..The Public Works Transportation Planning staff later negotiated the inclusion of the subject property as part of the overall vacation of County Rd 221. Staff determined that there would be no negative effects on traffic circulation from the added segment. Hammer ROW Vacation Jo. No. LRP 2004-00029 October 19, 2004 Pg. 6 of 7 c' . . . . \ . 7 Conclusion: A review of the proposed vacation by affected public and private utilities and the City of Springfield indicates that no negative effects on access or facilities will occur from the . vacatIon of the subject property. . v. Recommendation and Conditions of Approval Based on an analysis of the application and the approval criteria found in Section 9.030 ofthe SDC, staff recommends approval of the requested right-of-way vacation. Attachments: A. Vacation Application B. Consent to Vacation C. Legal Description of Right-of-Way D. Map showing area to be vacated E. Vacation agreement providing for dedication of a multi-use path (February 2003) Hammer ROW Vacation Jo. No. LRP 2004-00029 October 19, 2004 Pg. 7 of 7