HomeMy WebLinkAboutItem 11 Resolution to Waive Special Benefit 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: 10 Minutes
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: A RESOLUTION WAIVING THE ASSESSMENT OF SPECIAL BENEFIT FOR
THE VACATION OF PUBLIC RIGHT-OF-WAY LOCATED EAST OF 5TH STREET, BETWEEN ‘Q’ AND ‘T’ STREETS.
ACTION REQUESTED:
Adopt/not adopt the following resolution:
A RESOLUTION WAIVING THE ASSESSMENT OF SPECIAL BENEFIT FOR
THE VACATION OF UNDEVELOPED PUBLIC RIGHT-OF-WAY EXTENDING EASTWARD APPROXIMATELY 300 FEET FROM 5TH STREET
BETWEEN ‘Q’ STREET AND ‘T’ STREET
ISSUE STATEMENT:
The City Council is requested to consider a resolution to waive the assessment of
special benefit for a piece of undeveloped City-owned Right-Of-Way (ROW) that is
located east of 5th Street and approximately 225 feet south of T Street.
ATTACHMENT: Attachment 1: Resolution with Exhibits
DISCUSSION/ FINANCIAL IMPACT:
The subject right-of-way (ROW) is located approximately 225 feet south of T Street within City limits, just north of parcels zoned High Density Residential (HDR) and just south of parcels zoned Medium Density Residential (MDR). The
approximately 306-foot long section of undeveloped public right-of-way was dedicated to the City for public use in 1978. The Homes for Good organization is
now developing all parcels surrounding this right-of-way segment, and if approved,
the vacated property will accrue to the adjacent properties and would be incorporated into the multi-family residential development conditionally approved
as Tentative Site Plan Approval (811-19-000158-TYP2).
The existing sanitary sewer line within the undeveloped right of way will have no further public benefit, is not needed to serve adjacent parcels or the redevelopment
project, and is proposed to be vacated with the public right-of-way, relieving the City of any future maintenance responsibilities. There are no other public utilities located within the right of way segment, and extension and location of public
facilities serving the site have been provided during Tentative Site Plan Review procedures.
Because the subject right-of-way was acquired at no cost to the City, and if vacated,
would facilitate development of affordable housing, staff recommends that Council approve the waiver of special benefit as vacation is in the public interest.
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CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. __________
A RESOLUTION WAIVING THE ASSESSMENT OF SPECIAL BENEFIT FOR VACATION OF UNDEVELOPED PUBLIC ROAD RIGHT-OF-WAY EXTENDING EASTWARD APPROXIMATELY 300 FEET FROM 5th STREET BETWEEN ‘Q’ AND ‘T’ STREETS
WHEREAS, the Springfield City Council adopted a resolution to initiate vacation of the public road right-
of-way that extends eastward from 5th Street between Q and T Streets, as more particularly described
and set forth in Exhibit A;
WHEREAS, the Springfield City Council conducted a first reading and public hearing on the ordinance to
vacate the public road right-of-way that extends eastward from 5th Street between Q and T Streets, as
more particularly described and set forth in Exhibit A;
WHEREAS, pursuant to Section 3.204(1) of the Springfield Municipal Code, a vacation of improved
public right of way shall require the payment to the city by the applicant of an amount equal to the
assessment of special benefit resulting or inuring to the abutting property that results from the vacation and disposition of property to the benefited property owner;
WHEREAS, pursuant to Section 3.204(3) of the Springfield Municipal Code, the City Council may waive
the assessment of a special benefit if the Council determines it is in the public interest; WHEREAS, the residential developers, Homes For Good, requests the undeveloped public right-of-way
be vacated in order to facilitate development of a multi-family residential complex on the property; WHEREAS, the existing 20-foot wide public road right-of-way was dedicated to the City by the adjacent
property owners to the south in 1978, as described in Bargain and Sale Deeds, Lane County Deeds &
Records, and the monetary consideration for said public road right-of-way dedication was nil ($0);
WHEREAS, the vacation would benefit needed multi-unit residential development and affordable
housing; and
WHEREAS, the City Council has determined that a waiver of the assessment of special benefit is in the
public interest,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AS FOLLOWS:
Section 1. The special assessment of benefit fee set forth in Section 3.204 of the Springfield Municipal Code is hereby waived in the public interest; and
Section 2. This Resolution will take effect upon its adoption by the Council and approval by
the Mayor.
Attachment 1, Page 1 of 3
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ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____, by
a vote of _____ for and ____ against.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 1, Page 2 of 3
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 EXHIBIT A, Page 1 of 1Attachment 1, Page 3 of 3