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HomeMy WebLinkAboutOrdinance 6372 10/02/2017 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. 6372 (SPECIAL) AN ORDINANCE VACATING A 25-FOOT WIDE BY 299.91-FOOT LONG PORTION OF UNDEVELOPED PUBLIC ROAD RIGHT-OF-WAY LYING TO THE EAST OF 2ND STREET BETWEEN 'Q'AND'5'STREETS WHEREAS, the Springfield City Council has received a request 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., Section 3.200 through 3.206 STREETS of the Springfield Municipal Code, and with the provisions of Section 5.20-100 VACATION OF RIGHTS-OF-WAY AND EASEMENTS 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 5.20-130 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 City Council met in Council Chambers, at 225 Fifth Street, on Tuesday, the 5`" day of September, 2017, at the hour of 7:00 p.m., to hear any objections to the proposed vacation and 0 persons appeared to object; 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 0 objections were made at the vacation hearing held; that the public interest will not be impaired by the vacation of the public road 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 public road 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. The Findings and Conclusions of Law in support of the road right-of-way vacation set forth in Exhibit B, attached hereto and incorporated herein by reference, are hereby adopted. Lane County Clerk 211'049382 Lane County Deeds and Records Return to: II II III II IIIIIIIII IIIIII1II I IIIIIIIIIIIIIIII I III City Recorder $112,00 City of Springfield 01679429201700493820120123 225 Fifth Street 10/05/2017 03:48:36 PM Springfield, OR 97477 RPR-ORDN Cnt=1 Stn=41 CASHIER 04 $60.00 $20.00 $11.00 $21.00 Ordinance 6372 - 1 - Section 4: This right-of-way vacation is subject to the reservation of easements and/or licenses as may be required for provision of emergency access to abutting properties, and this right of way vacation explicitly reserves easement rights for any existing utilities located within the right-of-way, including but not limited to water, sewer, electricity, telecommunications, and natural gas, and the owner of any such utility or thing is hereby reserved the right to maintain, continue, repair, reconstruct, renew, replace, rebuild or enlarge any and all such facilities. 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 City Council of the City of Springfield this 2nd day of October , 2017, by a vote of 6 for and 0 against. APPROVED by the Mayor of the City of Springfield this 2nd day of October , 2017. ATTEST: Mayor REVIEWED & APPROVED AS O FORM City Recorde4 - -" �`A "ATE' • - °MC State of Oregon ) OFFIC I CITY ATTORNEY ) ss. County of Lane ) This instrument was acknowledged before me on O cfr 2e r 2, w 17 by Ch riS-h C v1d 9 e r9 (Name) as Nay)r of the City of Springfield. J (Position) Z v G�- NOTARY PUBLIC F OREGON 0 OFFICIAL STAMP My commission expires: AMY LOREE SOWA %" NOTARY PUE3LIC-OREGON ' rr COMMISSION NO.922064 FoZ-o`4✓/ 7 MY COMMISSION EXPIRES NOVEMBER 20,2017 Ordinance 6 72 - 2 - EXHIBIT A S Street I M Pioneer PUBLIC ROAD Storage RIGHT-OF-WAY TO BE VACATED Safeway m N I , / / Q Street LEGAL DESCRIPTION OF VACATION AREA The North 25.00 feet of the following described property: A portion of that property in Section 26, Township 17 South, Range 3 West, Willamette Meridian described in that deed from Seavey to Buckley recorded August 22, 1945 as Reception No. 156137 in the Lane County Oregon Deed Records and which is more particularly described as follows: Beginning at the Southeast corner of the Jacob Halstead Donation Land Claim No. 47, Township 17 South, Range 3 West, Willamette Meridian,thence South 89° 58' 45"West along the South line of said claim a distance of 1554.58 feet to a point on the Easterly right-of-way of North 2nd Street projected; thence North 00° 01' 37" East along last said line a distance of 30.00 feet to the location of Monument 1 at the intersection of the North right-of-way of'Q' Street and the East right-of-way of 2nd Street as shown in Lane County Survey File 13954 as filed at the Lane County Surveyor's Office; thence continuing North 00° 01' 37" East along the right-of-way of 2nd Street a distance of 405.00 feet to the TRUE POINT OF BEGINNING; thence North 00° 01' 37"East along said right-of-way a distance of 205.00 feet; thence leaving said right-of-way North 89° 58' 45" East parallel to the South line of the Halstead Donation Land Claim a distance of 300.00 feet; thence South 00° 01' 37" West a distance of 205.00 feet; thence South 89° 58' 45" West a distance of 300.00 feet to the TRUE POINT OF BEGINNING. Containing 7,497.8 square feet,more or less. Ordinance 6372 - 3 - EXHIBIT B SPRINGFIELD TYPE IV- VACATION OF PUBLIC RIGHT-OF-WAY STAFF REPORT AND RECOMMENDATIONS111111L OREGON File Name: Vacation of Undeveloped Public Road Right-of-Way Applicant: Michael O'Connell, Sr. & Duane Knights Case Number: 811-17-000047-TYP4 Proposal Location: � d Extending Eastward from 2" Street _ ' in • Just North of Q Street N- lin el' Adjacent Zoning: 1 High Density Residential (HDR) r . - I and Community Commercial (CC) Public Road Right-of-Way . ; - Proposed Plan Designation: HDR for Vacation Applicable Comprehensive Plan: Q Street Refinement Plan _ ' 1 t Pioneer Storage Application Submittal Date: lir I ,.i June 9, 2017 TI Associated Applications: PRE16-00056 (Development Issues Meeting); 811-17-000046-PRE (Pre- Submittal for Site Plan); 811-17-000078-TYP2 (Tentative Site Plan Review) CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW COMMITTEE POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Public Works Civil Engineer Streets and Utilities Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-2293 Building Official Building David Bowlsby 541-736-1029 APPLICANT'S DEVELOPMENT REVIEW TEAM POSITION NAME PHONE MAILING ADDRESS Applicant Mike O'Connell, Sr. 541-302-8036 2065 West 16th Way 5th Street Project LLC Eugene OR 97402 Applicant's Rick Satre 541-686-4540 375 West 5th Avenue Representative Schirmer Satre Group Suite 201 Eugene OR 97401 ORDINANCE NO. 6372 Page 1 of 9 EXHIBIT B Review Process (SDC 5.20-115): The subject vacation action is being reviewed under Type IV procedures, without Planning Commission consideration. Vacation Initiation and Application Submittal (SDC 5.20-120): In accordance with SDC 5.20-120.A and ORS 271.080, vacation of public rights-of-way may be initiated by the petition of a property owner. A valid petition must have the signatures of all abutting property owners representing at least two-thirds (66%) of the abutting and affected property. Finding: The adjacent property owners, Duane Knights and Mike O'Connell, Sr., have filed the petition for vacation of public road right-of-way. Concurrences from adjacent and affected property owners have been provided with the applicant's submittal(Attachment 3). Conclusion: The application requirements in SDC 5.20-120.A have been met. Site Information: The area proposed for vacation is an undeveloped 25-foot wide by 299.9-foot long segment of public road right-of-way extending eastward from 2nd Street between Q and S Streets. The public road right-of-way was dedicated from the adjacent property to the south in 1995 prior to construction of the Pioneer Storage facility. The intent of the road right-of-way dedication was to provide for a future east-west street connection between 2nd, 3`d and 5th Streets. However, the segment of public road right-of-way abuts the western boundary of a multi-family residential complex making future extension of a street connection through to 5th Street unlikely. The City's Conceptual Street Map shows a connection between 2"d and 3rd Streets at or near the location of the right-of-way proposed for vacation. The applicant is requesting vacation of the public road right-of-way to facilitate development of a 60-unit residential townhouse complex on the adjacent property. The vacation area would be incorporated into the site development and a new east-west public street connection would be dedicated and constructed about 140 feet north of the current right-of-way alignment. The public street connection would provide for the extension of 3rd Street south and west of its current terminus to an intersection with 2"d Street. The applicant would need to undertake a Public Improvement Project(PIP) process to construct the new segment of public street between 2nd and 3`d Streets. There are no existing public utilities running through the subject vacation area, therefore provision of public easements is not warranted with this request. Public utilities can be accommodated within the street right-of-way to be dedicated and developed with the proposed multi-family housing project(Attachment 4). Notice Requirements(SDC 5.20-125): Consistent with SDC 5.20-125,notice was provided as follows:. Mailed Notice. Notice of the annexation application was mailed August 15, 2017, which is more than 20 days prior to the public hearing date, to the affected property owner(s); owners and occupants of properties located within 425 feet of the perimeter of the affected territory; affected neighborhood groups or community organizations officially recognized by the city that includes the affected territory; and affected special districts and all other public utility providers. Newspaper Notice. Notice of the September 5, 2017 public hearing was published in The Register-Guard on August 21 and 28, 2017. Posted Notice. Notice of the September 5, 2017 public hearing was posted in four public places in the City: at the western end of the right-of-way where it intersects 2"d Street; at Springfield City Hall; on the Development & Public Works office digital display; and on the City of Springfield website. Conclusion: Notice of the public hearing was provided consistent with SDC 5.7-130. Recommendation to City Council (SDC 5.7-135): The Development & Public Works Director shall forward a written recommendation on the vacation request to the City Council based on the approval criteria specified in ORDINANCE NO. 6372 Page 2 of 9 ,ice EXHIBIT B Section 5.20-130, which are provided as follows with the SDC requirements, findings, and conclusions. The Director's recommendation follows SDC 5.20-130, Criteria. Criteria (SDC 5.20-130): The application may be approved only if the City Council finds that the proposal conforms to the following criteria: A. For the Vacation of public utility easements,the Director shall approve,approve with conditions,or deny the application. The application will be approved if the Vacation is found to be consistent with the following criteria: 1. There are no present or future services, facilities, or utilities deemed to be necessary by a utility provider and the easement is not necessary; or Applicant's Submittal: "There are no public utilities proposed as part of this vacation. Therefore, this criterion does not apply." Staff Finding: The proposed vacation is not for a public utility easement. Therefore, this sub-element of the criterion is not applicable. 2. If the utility provider deems the easement to be necessary,public services,facilities,or utilities can be extended in an orderly and efficient manner in an alternate location. Staff Finding: Because the proposed vacation is for public right-of-way and not for a public utility easement, this sub-element of the criterion is not applicable. The applicant is proposing to dedicate and develop an east-west segment of public street between 2"d and 3rd Streets, which provides for the extension of public utilities at an alternate location. Conclusion: This proposal meets Criterion A. B. Where the proposed Vacation of public rights-of-way, other City property, or Partition or Subdivision Plats is reviewed under Type IV procedure, the City Council shall approve, approve with conditions, or deny the Vacation application. The application will be approved if the Vacation is found to be consistent with the following approval criteria. 1. 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's Submittal: "The City of Springfield Conceptual Local Street Map applies to this request. The map shows a local street connection between 2"`1 Street and 3rd Street. The proposed vacation of public right-of-way would remove an existing segment of sub-standard, unimproved, and dead-end right-of-way. Removal of this right-of-way does not preclude the opportunity for the local street connection occurring on the adjacent property. The adjacent property to the north is unimproved and abuts both 2nd and 3rd Street directly. Thus, this vacation request is consistent with the Local Street Map. (The concurrent Site Plan Review application[Case 811-17-000078-TY P21 does precisely that, including the dedication of new right- of-way and construction of a new local street connecting 2nd and 3r`f)" Staff Finding: The provision for a local street connecting 2"d and 3rd Streets between Q and S Street is depicted on the City's Conceptual Street Map as shown in Figure 1 below. The exact alignment of the ORDINANCE NO. 6372 Page 3 of 9 EXHIBIT B conceptual street would be subject to several variables, including property ownership, logical connection points that are set back a suitable distance from nearby intersections, and timing of development. The applicant's proposal would achieve the "elbow" connection depicted on the City's Conceptual Street Map entirely within the property to the north. HARLOW 7 w HAYDEN BRIDGE Uw iiki u' OLD ORCHARD 1\ a GREENVALE a HAYDEN BRIDGE ou pImmo -6 LIN DALE WOODLANE > ° V _V F PRASAD p V co rn O > z = co m m u t--.o t v M73 ORTHRIDGE r 73 LOCHAVEN T r ZJ Ail I of w PRIVATE -4- S GLEN z z m SHADY T = rn o O ) S o~o Ala M S o SHELLEY • N = R ti FUCHSIA I Conceptual Local o , Street Connection w.41818/801.11111114._ 4110J z Z iii co e Y PACIFIC W p PLEASANT nommisommum OLYMPIC MOFFITT1111 Mill L < OLYMPIC 973 N a w _ F y , M N Figure 1—Extract from Springfield Conceptual Street Map Staff Finding: The adopted Q Street Refinement Plan depicts a conceptual street connection between 2", 3rd and 5th Streets with 3rd Street intersecting the east-west street in a "T" configuration (Figure 2). The proposed vacation of public road right-of-way and construction of the 2"d to 3rd Street connection "elbow" would achieve two-thirds of the conceptual street extensions contemplated by the Refinement Plan as depicted in Figure 2a. Currently, the property to the east of the subject site is developed with a multi- family housing complex so extension of the east-west road through to an intersection with 5th Street is unlikely. However, the applicant's proposal to relocate the "elbow" road connection to the north of the vacation area does not preclude future extension of the east-west street segment through to an intersection with 5th Street. Therefore, the proposed vacation is consistent with the City's Conceptual Street Plan and the adopted Q Street Refinement Plan provided the"elbow" street connection is dedicated and constructed on the adjacent property to the north. As conditioned herein, the proposal meets this sub-element of the criterion. Recommended Condition of Approval: 1. Prior to or concurrent with recording of the Ordinance to vacate the public road right-of-way dedicated by Document 2017-024994, Lane County Deeds and Records, a mechanism providing for the dedication of public road right-of-way at an alternate location between 2nd and 3r1 Streets shall be executed and recorded to the satisfaction of the City. ORDINANCE NO. 6372 Page 4 of 9 EXHIBIT B ...r \ IIMMEN1111111 ..- • a .• Hayden Srldp• Road « ‘.1 'III un$ . ur 1111.11 ✓ NN•N• o •• • 1 N 1 rld.e r Pt 11111 o T St. \ - N —. V.. III — 1T SA It T St. __a___-_J�_--- s s'. t �„ 1 `1 0 \C• --.---a� • I O L .. `- co \r- u'' • \ 41166 . \! Eugene/Spring)laid Highway 1 1 1 1 1 1 14."111111 - • 1J/._ r1 •■ Major Arterial „J Minor Arterial 'Q' STREET Collector See Figure 2a REFINEMENT Below PLAN 1000' Local '.•• Plan Boundary STREET Future New Streets CLASSIFICATIONS Figure 2—Extract from Q Street Refinement Plan j a iT `T St. ----kiS St. 1 N iF apiche el ow es \ Proposed "Elbow"Street Connection L Figure 2a-Plan Detail 2. The Vacation shall not conflict with the provisions of Springfield Municipal Code, 1997; and this Code,including but not limited to,street connectivity standards and block lengths; and Applicant's Submittal: "The alignment as currently designated in the Conceptual Local Street Plan is impractical and inconsistent with accepted transportation planning principles. The 25 foot public right-of- way is sub-standard(only 25 feet wide), unimproved, and is bordered to the immediate south by a storage facility and a multi family development to the east. Developing a road with this current configuration would lead to a road that is bordered by a large building, an unsafe and ine ective con r=oration that > RDINANCEI 'O. 6372 Page 5 of 9 & EXHIBIT B violates accepted transportation principles — eyes on the street, access from the lower order street— and could not occur without additional right-of-way dedication on adjacent properties (to the north and east). Vacating this right-of-way will permit the applicant to develop the road in a more effective location that complies with accepted transportation planning principles. The application is in conformance with all adopted and functional plans. This criterion is met. There are no new streets proposed as part of this application. The Site Plan Review application submitted concurrently with this application proposes a new street. It shall be dedicated and built as required by Springfield Development Code criteria and any necessary conditions of approval." Staff Finding: The proposed vacation will remove a truncated east-west segment of public road right-of- way that does not provide a connectivity function within the neighborhood. The adjacent property owner has submitted a tentative site plan that proposes to dedicate and develop an "elbow" public street connection at an alternate location between 2nd and 3`d Streets. The proposed public street connection would eliminate a 1,000-foot long, dead-end segment of public street extending from the current terminus north of the vacation area via S Street to the intersection with 5th Street. Extending 3`d Street to an intersection with 2nd Street improves neighborhood connectivity and achieves two-thirds of the local street configuration contemplated in the Q Street Refinement Plan (see Figures 2 and 2a above). Therefore, the proposal meets this sub-element of the criterion. 3. There shall be no negative effects on access, traffic circulation, emergency service protection or any other benefit derived from the public right-of-way, publicly owned land or Partition or Subdivision Plat. Applicant's Submittal: "There shall be no negative effects on access, traffic circulation, emergency service protection or any other benefit derived from the subject public right-of-way." Staff Finding: The proposed vacation of undeveloped public road right-of-way does not have an adverse impact to adjacent properties, local access, emergency response, and traffic circulation. The public road right-of-way is truncated, undeveloped, and is not ideally located to provide a viable street connection between 2nd Street and 3rd Street. For these reasons, the proposed vacation should have no appreciable effect on access,traffic circulation or emergency response. Staff Finding: The proposed relocation of the public street connection about 140 feet to the north would satisfactorily address the local access,emergency response,and traffic circulation issues associated with the proposed multi-family residential development submitted under separate cover (Case 811-17-000078- TYP2). As previously stated, and in accordance with Recommended Condition 1, provision for dedicating the "elbow" connection between 2"d and 3`d Streets will be required prior to or concurrently with vacating the subject right-of-way. Conclusion: As conditioned herein,this proposal meets Criterion B. C. Notwithstanding the provisions of Subsection B.,above where the land affected by the proposed Vacation of public right-of-way, other public land as specified in ORS 271.080, or public easement will remain in public ownership and will continue to be used for a public purpose, the request shall be reviewed under the Type IV procedure. The City Council may approve the Vacation application if it is found to be consistent with the following criteria: ORDINANCE NO. 6372 Page 6 of 9 EXHIBIT B 1. The Vacation was initiated by the City Council pursuant to ORS 271.130(1); Applicant's Submittal: "This application is citizen-initiated and therefore, is not subject to this criterion." Staff Finding: The vacation action was initiated by an abutting property owner in accordance with provisions of ORS 271.080 and SDC 5.20-120. Therefore, this sub-element of the criterion is not applicable. 2. Notice has been given pursuant to ORS 271.110(1); Applicant's Submittal: "Notice has been given pursuant to ORS 271.110(1). Therefore, this criterion is met." Staff Finding: Notice of the public hearing for vacation of the subject right-of-way has been provided in accordance with ORS 271.110(1) and Section 5.20-125 of the City's Development Code. Therefore, the proposal meets this sub-element of the criterion. 3. Approval of the vacation would be consistent with provision of safe,convenient and reasonably direct routes for cyclists, pedestrians and vehicles as provided in OAR 660-012-00045(3); Applicant's Submittal: "As comprehensively described in the response to subsection (B), the vacated right- of-way will be consistent with the provision of safe, convenient, and reasonably direct routes for cyclists, pedestrians and vehicles. Therefore, this criterion and the standard contained in OAR 660-012-00045(3) is met." Staff Finding: The segment of public road right-of-way proposed for vacation is currently undeveloped and does not provide a route for pedestrians, cyclists or vehicles. Moreover, in its current configuration it would not provide a viable connection within the neighborhood due to limited width of right-of-way and lack of connection points at the eastern end. The proposed dedication and development of an alternate connection street about 140 feet north of the subject right-of-way would address this situation (Recommended Condition 1). Therefore,the proposal meets this sub-element of the criterion. 4. Whether a greater public benefit would be obtained from the vacation than from retaining the right of way in its present status; and Applicant's Submittal: "As discussed at length throughout this application, a greater public benefit would be obtained from the vacation than from retaining the right-of-way in its present status. At this time, the current right-of-way is unimproved and on vacant land. A storage facility is located directly to the south of the right-of-way and in fact, abuts the right-of-way. Developing a road with this current configuration would lead to a road this is bordered by a large building, an unsafe and ineffective configuration that is not in conformance with accepted transportation planning principles. Therefore, vacating this right-of-way will permit the applicant to develop the road in a more effective location that meets best practices and therefore, ensures greater public benefit will be derived. Dedication and improvement of the new public road is discussed in the Site Review application submitted concurrently with this application[Case 811-17- 000078-TYP2]." Staff Finding: The subject right-of-way is City-owned, but is undeveloped and truncated by adjacent multi- family residential development east of the proposed vacation area. The applicant is requesting to vacate the 25-foot wide road right-of-way to consolidate the area within a proposecesaftiMikortntial Page 7 of 9 EXHIBIT B development pursuant to Case 811-17-000078-TYP2. The proposed multi-family development would create a new "elbow" public street connection between 2nd and 3rd Streets; however, the location is about 140 feet north of the existing road right-of-way requested for vacation. Upon vacation of the subject road right-of-way and dedication of a new 40-foot wide road right-of-way to connect 2"d and 3`d Streets, the vacation area is essentially relocated northward to perform the intended function of providing connectivity and access within the neighborhood. Ultimately,the vacation and proposed rededication of the public road right-of-way would provide a greater overall public benefit than retaining the right-of-way in its current state(i.e.undeveloped and disconnected from the neighborhood street network). 5. Whether provisions have been made to ensure that the vacated property will remain in public ownership. Applicant's Submittal: "The vacated right-of-way will revert to private ownership, but the applicant will designate and improve a new public right-of-way to ensure connection of 2"d Street and 3'd Street north of the vacated right-of-way. Further detail about the design of the proposed street and compliance with the Springfield Development Code is discussed in the Site Review application submitted concurrently with this application[Case 811-17-000078-TYP2]." Staff Finding: Because the public road right-of-way was originally dedicated from the adjoining land to the south (Tax Lot 1000, now developed as Pioneer Storage), ownership of the 25-foot wide by 299.91-foot long segment would revert to Tax Lot 1000. There is no specific provision to retain the subject vacation area in public ownership. Staff is recommending that an alternate public right-of-way providing for connection between 2"d and 3rd Streets is provided prior to or concurrently with vacation of the subject right-of-way. This provision is spelled out in Recommended Condition 1 as previously stated herein and summarized below. Staff observes that the City Council could choose to add a provision in the adopting Ordinance to have the right-of-way revert to public ownership in the event the multi-family residential development does not proceed and/or the applicant abandons the site. Conclusion: This proposal meets Criterion C. City Council Decision (SDC 5.20-135): City Council approval of the vacation application is done by adoption of a Vacation Ordinance. In accordance with SDC 5.20-135, the City Council may attach conditions as may be reasonably necessary to allow the Vacation to be granted, including but not limited to provision of easements for existing utilities(if required). City Council waiver of the special assessment of benefit for the vacation area, pursuant to Section 3.204(3) of the Municipal Code, can be done by adoption of a Resolution. Staff observes that the proposed vacation area is approximately 7,500 ft2 and it would be incorporated into a multi-family residential development area to the north. The City did not incur any acquisition costs when the right-of-way was initially dedicated in 1995. With the submittal of a tentative site plan(811-17-000078-TYP2), approximately 11,800 ft2 of new public road right-of-way is proposed by extending 3' Street south and west of its current terminus to an intersection with 2"d Street. The net change in public road right-of-way is about 4,300 ft2 —all of which will be dedicated from the adjoining property proposed for multi-family development. Because there is a net increase in public road right-of-way to connect 2"d and 3`d Streets, and the City obtained the right-of-way at no cost, staff requests that the City Council consider waiving the special assessment of benefit for the vacation area. Finding: On September 5, 2017, the City Council will conduct a Public Hearing and give first reading of the Vacation Ordinance. Based on the staff analysis and recommendations, and on testimony provided at the Public Hearing, the City Council may choose to adopt the Ordinance at a future meeting. The Council may order modifications to this Ordinance in consideration of evidence in the record. The Director recommends approval of the vacation application subject to the condition recommended in the staff report and as summarized below. Further,staff recommends adoption of a Resolution(Attachment 6) if the City Council chooses to waive the special assessment of benefit for the subject vacation area. ORDINANCE NO.6372 Page 8 of 9 EXHIBIT B SUMMARY OF STAFF RECOMMENDED CONDITION OF APPROVAL: 1. Prior to or concurrent with recording of the Ordinance to vacate the public road right-of-way dedicated by Document 2017-024994, Lane County Deeds and Records, a mechanism providing for the dedication of public road right-of-way at an alternate location between 2"d and 3'd Streets shall be executed and recorded to the satisfaction of the City. ADDITIONAL STAFF RECOMMENDATION: If the City Council chooses to waive the special assessment of benefit for the vacation area, in accordance with the provisions of Section 3.204(3) of the Springfield Municipal Code, the action should be commemorated through adoption of the attached Resolution. ORDINANCE NO. 6372 Page 9 of 9