HomeMy WebLinkAboutItem 06 Right of Way Vacation AGENDA ITEM SUMMARY Meeting Date: 10/21/2019
Meeting Type: Regular Meeting
Staff Contact/Dept.: Melissa Cariño, DPW Staff Phone No: 541.744.4068
Estimated Time: Consent Calendar
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Maintain and Improve Infrastructure and
Facilities ITEM TITLE: VACATION OF CITY-OWNED UNDEVELOPED PUBLIC RIGHT-OF-WAY
ACTION REQUESTED:
Conduct a second reading and adopt/not adopt the following ordinance: AN ORDINANCE VACATING A 20-FOOT WIDE BY 306-FOOT LONG PORTION
OF UNDEVELOPED PUBLIC RIGHT-OF-WAY LYING EAST OF 5TH STREET
BETWEEN ‘Q’ AND ‘T’ STREETS.
ISSUE STATEMENT: The City Council is requested to consider vacating a piece of undeveloped City-owned right-of-way (ROW) located east of 5th Street and approximately 225 feet south of ‘T’ Street. The proposed ROW vacation is requested to facilitate multi-family residential development (70 units) on the surrounding parcels.
ATTACHMENTS: Attachment 1: Staff Report & Recommendations
Attachment 2: Site Context Map
Attachment 3: Tentative Site Plan
Attachment 4: Vacation Ordinance with Exhibit
Exhibit A: Map and Legal Description Exhibit B: Bargain and Sale Deed
DISCUSSION/ FINANCIAL IMPACT:
The City Council adopted a resolution to initiate a vacation of this public road
right-of-way on September 16, 2019, in accordance with Section 3.200 of the Springfield Municipal Code and Section 5.2-120 of the City’s Development Code. On October 7, 2019, the City Council conducted a public hearing and first reading
of the vacation ordinance. During the public hearing, there were no testimonies for
or against this request.
The proposed ROW vacation is requested to facilitate multi-family residential development (70 units) on the surrounding parcels (Case 811-19-000158-TYP2). The developer intends to build a drive aisle and parking spaces to serve the
residential development on the existing ROW.
The 20-foot wide segment of public road right-of-way is vacant and undeveloped,
extending eastward from 5th Street a distance of just over 300 feet. The segment of undeveloped public road right-of-way dead-ends approximately 250 feet west of
existing detached single-family homes along 7th Street. Therefore, a through-
connection is not viable at its current location, and City staff determined that the ROW has no current or future public benefit, is not needed for adjacent parcels; and
vacation will relieve the City of any future maintenance responsibilities.
Financial Impact: Because this right-of-way was dedicated and donated to the City of Springfield in 1978 with no financial exchange, there is no negative financial impact on the City to vacate the right-of-way. In fact, the vacation will save City resources necessary to maintain the ROW and sanitary sewer line as both will be owned by the
developer. As discussed during First Reading, a Resolution to waive the special benefit
assessment is included on this evening’s agenda.
TYPE IV – VACATION OF PUBLIC RIGHT-OF-WAY
STAFF REPORT AND RECOMMENDATIONS
_____________________________________________________________________________________
File Name: Vacation of Undeveloped Public Road Right-of-Way
Applicant: City of Springfield
Case Number: 811-17-000217-TYP4
Proposal Location: Extending Eastward from 5th Street
Just South of T Street
Adjacent Zoning: High Density Residential (HDR) and
Medium Density Residential (MDR)
Plan Designation: Residential
Applicable Comprehensive Plan: Q Street Refinement Plan
Initiation Date:
September 16, 2019
Associated Applications: 811-19-000026-PRE (Development Issues Meeting); 811-1-000116-PRE (Pre-
Submittal for Site Plan); 811-19-000158-TYP2 (Tentative Site Plan Review)
CITY OF SPRINGFIELD’S DEVELOPMENT REVIEW COMMITTEE:
POSITION REVIEW OF NAME PHONE
Project Manager Planning Melissa Cariño 541-744-4068
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 Eric Phillips-Meadow 541-726-2293
Building Official Building David Bowlsby 541-736-1029
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
271.030, vacation of public rights-of-way may be initiated by the City governing body, which is, in this case, the
Springfield City Council.
Finding: The Springfield City Council adopted a resolution to initiate the right-of-way vacation at their regularly scheduled meeting on September 16, 2019. The public hearing and first reading for this public road right-of-way vacation took place on October 7, 2019, with no testimonies for or against the request. The second reading and a
decision to adopt the vacation ordinance will take place on October 21, 2019.
Conclusion: The application requirements in SDC 5.20-120.A have been met.
Main Street
Fred Meyer
Attachment 1, Page 1 of 5
Site Information: The area proposed for vacation is an undeveloped 20-foot wide by 306-foot long segment of
City-owned public road right-of-way (ROW) extending eastward from 5th Street between Q and T Streets. The
public road right-of-way was dedicated to the City from adjacent property owners in 1978, with the true and actual consideration for the conveyance being no monetary consideration. The initial intent of the road right-of-way
dedication was to provide access to multiple residential parcels surrounding the ROW. However, the surrounding
parcels were recently rezoned to increase residential density by the City’s Planning Commission to facilitate needed multi-unit residential development alleviating the need for multiple access points along the subject right of way.
Neither the City’s Conceptual Street Map or the Q Street Refinement Plan depicts this ROW or connections from it.
The Springfield City Council adopted a resolution to initiate the vacation of this ROW at their regular session
meeting on September 16, 2019. City staff have reviewed the proposal and determined there is no need to keep the
public ROW and that vacating the undeveloped ROW facilitates development of a 70-unit residential complex on the surrounding parcels. The vacation area would be incorporated into the site development and used as a new
drive aisle with parking spaces to provide access to the residential complex. There are no existing public utilities running through the subject vacation area, with the exception of an existing
sanitary sewer line that the City has determined it: (1) Is not needed for public service to the site and surrounding properties, (2) Serves no future public benefit; and (3) There is no need for the City to continue future maintenance
responsibilities. Sanitary service and all other public utilities have been provided to serve the site and surrounding
area during review and approval of the proposed multi-family housing project (Attachment 3).
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 September 18, 2019, 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 October 7, 2019 public hearing was published in The Register-Guard on
September 22 and 29, 2019. Posted Notice. Notice of the October 7, 2019 public hearing was posted in four public places in the City: at
the western end of the right-of-way where it intersects 5th 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 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 applicable criteria:
Criteria 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.
Attachment 1, Page 2 of 5
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;
Finding 1: The subject site and surrounding parcels are designated Residential on the Metro Plan, which is
consistent with the City’s Zoning Map and the policies of the City’s current Transportation System Plan.
No changes of zoning or Metro Plan designation occur from vacation of the undeveloped right of way.
Finding 2: As seen in Figure 1 below, the City’s Conceptual Street Map, which implements the policies of
the City’s current Transportation System Plan, does not depict the subject public road right-of-way (circled
in red), off 5th Street and between Q and T Streets. Vacation of the undeveloped public road right-of-way
would be consistent with the City’s Conceptual Street Map and Standards.
Figure 1 – Extract from Springfield Conceptual Street Map
Finding 3: Similarly, the City’s adopted Q Street Refinement Plan also does not depict the subject public
road right-of-way (Figure 2 below, circled in red), off 5th Street and between Q and T Streets. Vacation of
the undeveloped public road right-of-way would be consistent with the City’s adopted Refinement Plan for
this area of the City.
Attachment 1, Page 3 of 5
Figure 2 – Extract from Q Street Refinement Plan
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
Finding 4: The proposed vacation will remove an east-west segment of public road right-of-way that does
not provide a connectivity function within the neighborhood. 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.
Finding 5: The proposed vacation of undeveloped public road right-of-way does not have a negative effect
on the subject site or adjacent properties because there are no off-site changes to existing access,
emergency response, and traffic circulation and the fragment of public road right-of-way is truncated,
undeveloped, and not suitably located to provide a viable street connection between 5th Street and 7th Street.
Finding 6: The vacation of the public road ROW and replacement with private driveway facilities would
provide suitable on-site access, emergency response, and traffic circulation as tentatively approved for the
proposed multi-family residential development submitted under separate cover (Case 811-19-000158-
TYP2).
Attachment 1, Page 4 of 5
Conclusion: The above findings lead to the conclusion that the proposal meets the above criteria for vacation
of public rights of way and Staff forwards a recommendation of approval as proposed based upon compliance
with the criteria. There are no recommended conditions of approval.
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).
Finding 7: On October 7, 2019, the City Council conducted a Public Hearing and gave 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 draft Ordinance included in this packet at the
next regular secheduled meeting on October 21, 2019. The Council may order modifications to the attached Ordinance in consideration of evidence in the record.
Waiver of Special Assessment of Benefit (SMC Section 3.204(3)): City Council waiver of the special assessment of benefit for a 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 6,120 ft2 and it would be incorporated into a multi-family residential development area on the surrounding parcels. The City did not incur any acquisition costs when the right-of-way was initially dedicated in 1978; a long term cost savings will occur from the reduction
of public facilities maintained by the City. Staff recommends City Council consider the waiver process and, upon direction from Council, staff will prepare a Resolution to that effect for consideration concurrently with Second
Reading procedures at a future Regular Session.
Attachment 1, Page 5 of 5
CASE 811-19-000217-TYP4 – VACATION OF RIGHT-OF-WAY
EAST OF 5TH STREET, BETWEEN ‘Q’ AND ‘T’ STREETS
SITE CONTEXT MAP
PUBLIC RIGHT-OF-WAY Attachment 2, Page 1 of 1
Attachment 3, Page 1 of 1
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (SPECIAL)
AN ORDINANCE VACATING A 20-FOOT WIDE BY 306-FOOT LONG PORTION OF UNDEVELOPED PUBLIC RIGHT-OF-WAY LYING EAST OF 5TH STREET BETWEEN ‘Q’ AND ‘T’ STREETS.
WHEREAS, the Springfield City Council adopted a resolution to initiate vacation of public right-of-way
on September 16, 2019; and
WHEREAS, the vacation process is in conformance with the provisions of ORS 271.090 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 staff 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
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 Monday, the
7th day of October, 2019, at the hour of 7:00pm, to hear any objections to the proposed vacation and
___ persons appeared to object,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. The Council finds that 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 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 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.
Section 4. The 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 is hereby reserved the right to maintain, continue, repair, reconstruct,
renew, replace, rebuild or enlarge any and all such facilities.
Attachment 4, Page 1 of 9
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 ___ day of ___________, 2019, by a vote of ___ for and ___ against.
APPROVED by the Mayor of the City of Springfield this ___ day of _________, 2019.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 4, Page 2 of 9
VACATION OF UNDEVELOPED PUBLIC ROAD RIGHT-OF-WAY
LYING EAST OF 5TH STREET BETWEEN ‘Q’ AND ‘T’ STREETS
5th Street S Street
T Street
Public Right-of-Way
proposed for vacation
EXHIBIT A, Page 1 of 2
Attachment 4, Page 3 of 9
LEGAL DESCRIPTION
Beginning at a point 969.38 feet North and 390.03 feet West of the Southeast
corner of the Jacob Halstead and Wife Donation Land Claim No. 47 in Section 26,
Township 17 South, Range 3 West, Willamette Meridian, said point being marked
by a 5/8 inch iron rod; thence West 176.33 feet to a 5/8 inch iron rod on the East
line of 5th said East line 20.00 feet to a
ane County,
Oregon.
ALSO INCLUDING:
The Northern most 20 feet of the following described property beginning at a
point 835.68 feet due North and 260 feet West of the Southeast corner of the
Jacob Halstead and wife Donation land Claim No. 47 in Section 26, Township 17
South, Range 3 West of the Willamette Meridian, in Lane County, Oregon; thence
North 153.70 feet; thence West 130 feet; thence South parallel with the East line
of Fifth Street in the town of Springfield, Oregon, extended, 153.70 feet; thence
East 130 feet to the PLACE OF BEGINNING. All lying in and being in what is known
as the Seavey Tracks lying North of Springfield, Oregon.
EXHIBIT A, Page 2 of 2
Attachment 4, Page 4 of 9
EXHIBIT B, Page 1 of 5Attachment 4, Page 5 of 9
EXHIBIT B, Page 2 of 5Attachment 4, Page 6 of 9
EXHIBIT B, Page 3 of 5Attachment 4, Page 7 of 9
EXHIBIT B, Page 4 of 5Attachment 4, Page 8 of 9
EXHIBIT B, Page 5 of 5
Attachment 4, Page 9 of 9