HomeMy WebLinkAboutOrdinance No. 6480 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6480
AN ORDINANCE VACATING A 60-FOOT WIDE BY 266.61-FOOT LONG RIGHT OF WAY
KNOWN AS IVY STREET, (18-02-04-00-00308), PURSUANT TO OREGON REVISED
STATUTES 271.090 ET. SEQ, SPRINGFIELD MUNICIPLE CODE 3.200 THROUGH 3.206, AND
SPRINGFIELD DEVELOPMENT CODE 5.20.100 THROUGH 5.20.140
WHEREAS, the City Common Council initiated vacation proceedings of the 60-foot wide by 266.61 foot
long public right-of-way known as Ivy Street (18-02-04-00-00308) in the City of Springfield on April 15,
2024 by Resolution 2024-09
WHEREAS, these vacation proceedings are in conformance with Oregon Revised Statute 271.080 et
seq., VACATION, Springfield Municipal Code Sections 3.200 through 3.206, STREETS, and Springfield
Development Code Section 5.20-100, VACATION OF RIGHTS-OF-WAY AND EASEMENTS; and
WHEREAS, the findings and testimony submitted by the City Surveyor and those in support of this
vacation satisfy the criteria of approval 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 vacation was published and posted; and
WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on Monday, June
3, 2024, at 7:00pm, to hear those who object, support and neutral to the vacation, where persons
appeared to object, appeared to support and appeared as neutral.
NOW, THEREFORE, BE IT ORDERED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
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: Nothing herein contained shall cause or require the removal of, or the abandonment
of any sewer, water main, gas main, conduit of any kind, direct-buried cable, wire, pole or thing used
or intended to be used for any public service. The right is hereby reserved for the owner of any such
utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild, and enlarge any and
all such things.
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.
Ordinance No. 6480
ADOPTED by the Common Council of the City of Springfield this 17th day of June , 2024,
by a vote of 6 for and 0 against.
APPROVED by the Mayor of the City of Springfield this 17th day of June 1 2024.
Mayor
ATTEST:
REVIEWED&APPROVED
AS TO FORM
KristLv,Kraa5
DATE: 6/17/2024
City Recorder SPRINGFIELD CITY ATTORNEY'S OFFICE
Ordinance No. 6480
Exhibit A
Page 1 of 1
LEGAL DESCRIPTION
(18-02-04-00-00308)
All that land described in Street Deed Reel No. 964-R, Reception No. 79-00757,Lane County Official
Record,Lane County Oregon,being described as follows:
Beginning at a point being North 1253.38 feet and West 1489 feet from the East-Southeast corner of the
R. Hixon Donation Land Claim No. 47,in Township 18 South,Range 2 West of the Willamette Meridian;
thence East 266.61 feet; thence South 60.0 feet; thence West 266.61 feet; thence North 60.0 feet to the
Point of Beginning,in Lane County Oregon.
� ati
Ordinance No. 6480
Exhibit B
Pagel of 5
S FIEF.
TYPE 4 - VACATION OF PUBLIC RIGHT-OF-WAY
CITY SURVEYOR REPORT AND RECOMMENDATIONS "
OP.Er.014
File Name: Vacation of Ivy Street Right-of-Way
Initiator: City of Springfield
Case Number: 811-24-000107-TYP4.
Proposal Location:
Vacate Ivy Street Right of way in
preparation of a proposed future north-south
S. 54 h alignment.
Zoning:
R-1 Residential
Plan Designation: Residential
Applicable Comprehensive Plan:
Comprehensive Plan Designated Lowl
Density & in the East Main Refinement an
Imhahon Number and Date:
Resolution 2024-09 dated April 15, 2024
CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW:
POSITION REVIEW OF NAME PHONE
City Surveyor Survey Jeremy Sherer 541-726-2292
City Planner Planning Mark Rust 541-726-3654
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
Review Process (SDC 5.20.115): The subject vacation proceedings is being reviewed under Type 4 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 Springfield City Council.
Finding: In accordance with ORS 271.130,the city governing body may initiate vacation proceedings authorized by
ORS 271.080 and make such vacation without a petition or consent of property owners. The Springfield City Council
adopted a resolution to initiate the right-of-way vacation at their regularly scheduled meeting on April 15,2024. The
public hearing and first reading for this public road right-of-way vacation will take place on June 3, 2024. The
vacation proceedings are a result of the City Common Council's own motion.
Conclusion: The requirements in SDC 5.20.120(A) are met.
Ordinance No. 6480
Exhibit B
Page 2 of 5
Site Information: The area proposed for vacation is an undeveloped 60-foot wide by 266.61-foot long standalone
parcel of City-owned and public street right-of-way known as Ivy Street. The Street is located at the north end of
South 54th Street and outside the Pinehurst Subdivision. The City of Springfield acquired the property by a Street
Deed, dated January 5, 1979, on Recorders Reception Number # 964R/79-00757, Lane County Record, creating a
limited or qualified fee interest and a dedicated public right of way. The stated purpose of the street deed was for a
future east-west roadway connection to an addition to the Royal Ridge Subdivision.The addition did not materialize.
Hayden Homes has developed two phases of the Pinehurst subdivisions and various phases for Woodland Ridge to
the west. The development of these subdivisions has altered the need for an east-west street configuration.
The street deed permits the property to be vacated if the City approves anew alignment.Hayden Homes has developed
preliminary plans for street circulation and a new alignment of the City's Street,which the Community Development
Director has conceptually approved. Once the street right of way is vacated, the City will have unencumbered
ownership of the property and be free to divest its real property interest.
During a regular session meeting, the Springfield City Common Council adopted resolution 2024-09 to initiate the
vacation the right of way on April 15,2024. The City Surveyor and staff have reviewed the proposal and determined
there is no need to keep the public right of way in its current configuration. Vacating the current configuration will
facilitate the development of an adjoining subdivision by Hayden Homes. The vacation area would be incorporated
into the site development, and the right of way will be realigned from its present east-west direction to a north-south
alignment.
Finally, it should be noted that no existing public utilities exist in, on, over, or under the subject vacation area. This
means that the proposed changes will not disrupt any essential services, further supporting the feasibility of the
proposed vacation and realignment of the right of way.
Notice Requirements (SDC 5.20.125): Consistent with SDC 5.20.125,notice was provided as follows:
Mailed Notice. The Public Hearing Notice for the Ivy Street right of way vacation was mailed May 10, 2024,
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 June 3,2024 public hearing was published in The Register-Guard on May 16,
2024.
Posted Notice. Notice of the June 3,2024 public hearing was posted on May 17,2024 in two conspicuous places
located at the north end of 54'where it tees the property. The proposed vacation area did not include a utility or
power poles for posting, so one was attached to a bollard and the other to the gate. The posting Notice was also
posted 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 is consistent with SDC 5.7.130 (except the power or utility pole posting
requirement);however, it meets ORS 271.110(1) & (2).
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 SDC
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.
Ordinance No. 6480
Exhibit B
Page 3 of 5
Criteria (SDC 5.20.130):
Criterion 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, Springfield Transportation System Plan
(including the Conceptual 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: The City's current Transportation System Plan addresses the need for transportation facilities,
services and major improvements,and their function,mode,and general location and is implemented through
the Conceptual Street Map.Ivy Street is not identified in the City's Conceptual Street Map(red arrow,figure
1); Thus, the Transportation System Plan policies do not apply to the vacation of Ivy Street. Therefore, the
vacation is consistent with the City's Conceptual Street Map and Standards.
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Figure I Springfield Conceptual Street Map (Revised 2020)
Ordinance No. 6480
Exhibit B
Page 4 of 5
Finding 3: The City's East Main Refinement Plan provides goals, policies and maps to implement
Springfield's Comprehensive Plan specific to a geographic area. The East Main Refinement Plan does not
identify Ivy Street within the existing transportation system (red arrow, Figure 2); Thus, the East Main
Refinement Plan goals,policies and maps do not apply to the vacation oflvy Street. Therefore,the vacation
of Ivy Street is consistent with the City's East Main Refinement Plan.
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Figure 2 Extractfrom East Main 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: This portion of Ivy Street does not provide a connectivity function within the neighborhood.
Future development plans realign the proposed vacated Ivy Street from an east-west direction to a north-
south direction to provide connectivity to South 54th street and development to the west; thus improving
traffic circulation. Therefore, the proposed street vacation meets this 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 street right-of-way is barricaded from public use.
Access to a public street,traffic circulation, emergency response, and traffic circulation will not be affected
after the vacation. The street right of way is unusable in its present configuration.
Ordinance No. 6480
Exhibit B
Page 5 of 5
Finding 6: The vacation of the public street right of way will facilitate the future realignment providing better
utility and traffic circulation.
Conclusion: The above findings lead to the conclusion that the proposal meets the above criteria for vacation of
public rights of way and the City Surveyor recommends approval as proposed based upon the City's own
initiative and compliance with the criteria. There are no recommended conditions of approval.
Criterion 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 4 procedure. The City Council may approve the Vacation application if it is found to be
consistent with the following criteria:
(1) The Vacation was initiated by the City Council pursuant to ORS 271.130(1);
(2) Notice has been given pursuant to ORS 271.110(1);
(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);
(4) Whether a greater public benefit would be obtained from the Vacation than from retaining the
right-of-way in its present status; and
(5) Whether provisions have been made to ensure that the vacated property will remain in public
ownership.
Finding 7 This criterion only applies to vacations that remain in public ownership. Once the right of
way is vacated, the land will continue to be vested in the City until it is disposed for future development and
street dedication.
Conclusion: This criterion does not apply
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 June 3, 2024, 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 draft Ordinance included in this packet at a future
meeting. The Council may order modifications to the attached Ordinance in consideration of evidence in the
record.
Special Assessment of Benefit(SMC Section 3.204(3)): The parcel of land proposed to be vacated is vested in the
City. A Special Benefit Assessment cannot be assessed against City for the City.
Ordinance No. 6480