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HomeMy WebLinkAboutAIS PLANNER 8/1/2005 Meeting Date: Meeting Type: Department: August 1,2005 Regular Session Development Services /'S Colin Stephens ~l . 726-3783 ' Jr.. 10 minutes AGENDA ITEM SUMMARY. SPRINGFIELD CITY COUNCIL Staff Contact: Staff Phone No: Estimated Time: ITEM TITLE: ACTION REQUESTED: ISSUE STATEMENT: ATTACHMENTS DlSCUSSION/ FINANCIAL IMPACT: Y ACA TION OF A 26.5-FOOT WIDE PUBLIC EASEMENT IN THE WILD ISH INDUSTRIAL TRACTS SUBDIVISION (WILDlSH) Adopt/not adopt the following ordinance: AN ORDINANCE V ACA TING A PUBLIC EASEMENT IN THE CITY OF SPRINGFIELD, LANE COUNTY OREGON. (SecondRe~ding) The applicant, Wildish Industrial Development Corporation, is requesting. that the City vacate a portion of a 26.5-foot wide public easement originally intended for a railroad spur in the Wildish Industrial Tracts Subdivision because there is no need for public access through the property. The subject property is located south of the Nugget Way and 19th Avenue intersection on' the west side of Nugget Way, Map Number 18-03-03-11, Tax Lot(s) 3700; 3800, 3900, 4000, 4100, 4200 & Map Number 18-03-03-1 Tax Lot 1300. I. Staff Report and Recommendation 2. Map and Diagram 3. Vacation Ordinance The Williams Bakery facility, which is being constructed on the subject property, received Final Site Plan Approval on June 6, 2005. City staff . determined that the existing 26.5-foot public easement running along the western property line of Lots 1-7 of the Wildish Industrial Tracts Subdivision must be vacated to accommodate the proposed building footprint. The staff have determined that there is no need for a public railroad spur easement through the subject property. Therefore, the applicant was directed to seek the Council's approval for vacation. of this public railroad easement. The City Attorney, City Surveyor and Cascade Title Company all recommend that the Council vacate this. encumbrance on the title of the affected property in a public hearing and remove all clouds of doubt. All three agree that this is the most legally prudent method of action. Section 3.204 oftl}e Springfield Municipal Code requires abutting property owners to be assessed if they receive special benefit when public street right- of-way is vacated. This railroad easement is not a public street and is therefore not subject to this provision of the Municipal Code. The Council conducted the first reading on this ordinance on July 18,2004. There is no financial impactto the City for this. action. TYPE IV RAJlROAI:> EAS:EMENTVACATION,.. STAFF REPORT & RECOMMENDATION Project Name: Williams Bakery Facility Case Number: DRC2005-00029 Project Location: 2000 Nugget Way; Map Number 18-03-03-11 Tax Lot(s) 3700, 3800, 3900, 4000,4100,4200 & Map Number 18-03-03-1 Tax Lot 1300. . ... . Zoning: Light Medium Industrial (LMI) Applicable Refinement Plan: Glenwood RefInement Plan Refinement Plan Designation: LMI .. .. ApplicatiOli Submitted Date: May 6, 2005 Application Accepted as Complete Date: June 3, 2005 . City Council Hearing Date: July 18, 2005 Staff Recommendation: Approval . . Associated Applications: ZON2005-00008 (Development Issues Meeting), P:RE2005-00021, DRC2005-00030 (Tree Felling Permit) .. I CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION . REVIEW OF I NAME I Project Manager Planning Ashley DeForest i Urban Planning Supervisor Planning Colin Stephens . I Transportation Planning Engineer . Transportation. G,,!>::McKenney I Public Works Civil Engineer Utilities Eric Walter I Public W?rks ElI 1 S:mitarv & Storm Sewer I. M.att Stouder . Deputy Frre Marshall . I. Frre and Life Safety I Gilbert Gordon I Community Services Manager Building Dave Puent . APPliCANT'S DEVELOPMENT REVIEW TEAM: Applicant/Owner. Wildish Building Company Attn: Randy Hledik PO Box 7428 Eugene, OR 97401 Lead Consultant: Satre Associates Attri: Rick Satre, ASLA 132 East Broadway Eugene, OR 97401. ATTACHMENT 1-1 I PHONE 1 682-3399 I 726-3649 1 726-4585 1 736-1034 ] 736-1035. I 726-2293 1 726-3668 I Nature of Applicatioll: . '. '. : ..::.".....:. . :" :', . ::: The applicant, Wildish rDdustrial Development Corporation, is requesting to vacate a p6rtion ofa 26.5-foot wide public railroad easement in the Wildish Industrial Tracts Subdivision because there is no Deed for future railroad access to the adjacent p. Vp~H;es. Site Information The subject propertY is located south of the. Nugget Way and 19th Avenue intersection on the west side of Nugget Way, Map Number 18~03-03-11, Tax Lot(s) 3700, 3800, 3900, 4000, 4100, 4200 & Map Number 18-03-03-1 Tax Lot 1300. The p'Vp~Hj is also referred to as Lots 1-7 of the Wildish Industrial Tracts as platted and recorded in Book 56, Page 11 of the Lane County Oregon Plat Records. Background . . The Williams Bakery Facility, Wlllch will b.e constructed on the subject y'~y~.~j, received Final Site Plan Approval on June 6, 2005, Case Number 2005-00029. While processing the Site Plan Review application for the Wijliams Bakery Facility, it was recognized by City stafIthat the existing 26.5-foot public railroad easementnmning along the western propertY line of Lots 1-7 of the Wildish Industrial Tracts Subdivision would be unnecessary. The applicant was directed to seek the City's approval for vacation of this public railroad easement. . Springfield Development Code Criteria SpringfIeld Development Code (SDC) Section 9 .030 states the following criteria must be inetin. order to approve the Vacation request: . . 1. The Vacation is in conformance with. the Metro Plan including any adopted Street Plans and or Conceptual Plans; The Eugene-SpringfIeld Metropolitan Transportation Plan (TransPlan) establishes the long-range policy framework for decision making for the region's multi-modal . transportation system. Transportation System Improvements, System-Wide Policy #3: Corridor Preservation states Eugene and SpringfIeld should preserve corridors, such as rail rights-of-way, private roads, and easements of regional significance, that are identifIed for future transportation-related uses. . The subject railroad easement was created to provide rail access.to the businesses located within the Wildish Industrial Tracts; however, no railJine has been constructed within the . easement. Furthermore, the extension of this rail line off of the Union PacifIc Main Line is not identified in TransPlan for future transportation related use or goods mov~ment in the Metro Area. Finding: Vacation of this public railroad easement will not adversely impact future ' transportation related use or goods movement in the Metro Area, therefore Criterion I has ... been satisfIed.. . 1-2 " .. . . . ... . 2. There are no negative effects onac.cess, trafnc circulation and emergency s.ervice . protection; or liDY other public benefit derived from the easement, right o(.wajr or plat; . . Finding: This request involves a public railroad easement for provision ofrail access to the Wildish Industrial Tracts Subdivision. Since creation of this easement, the lots contained within the Wildish'Industrial Tracts have been developed with uses that do not require rail access from said easement. As such, there is no public benefIt derived from this easement. Finding: This Vacation proposal will have no negative effects on access, traffic . circulation, emergency service 1" v;~~;jon, therefore, Criterion 2 has been fulfilled. Conclusion . . . This Vacation request is consistent with the Criteria of Approval set forth in Articl~ 9,' Vacations, of the. SpringfIeld Development Code. Action Requested Staff recommends the City Council approve the Vacation request by motion based on the findings offact presented in this staff report. . 1-3 ~ ~ I ~ ~ w 0 ~ i' g % W 0 ~ i' 0 0 % ~ ( \4 .,ICINITT MAr NO ICALI ~ )> -I -i )> ""0 .!..J: S .m z -I .OWNBRI APPLICANT Wl.[)I5H DEVElOPI.I[NT CO. P.O. BOX 7421 EUGf.NE. OREGON 117401 _ [AS(N[NT ARtA TO BE VACATED ADDITIONAL COURSBS SEGMENT. BE"''''' DlSTm:E RAIJIUS 2h. DUTA ---.-- NIW411O' E ~ T"HG[HT , S 0'02"25" W 806.52" T 4NGENT C N 26'20'05' W 3l6.07 355.74' :$21.57 52."5'00" [ N 55'o'or w 75.99' TANGENT f S 60'52"50. E 2JUJ' . T ANCUlT G 552'29'0(1'_[ 55.JO' ''''''NT H S 2900110',. .." TAtaNT ----- .' N 60"52'50' W :U4.40' TAtl;[NT J. N 52042'35' W SO.OO' T_NT --.. K 526"10"05'[ 339.62" 382.24' "lOr 52"45'00' .~ N 0'02"25' E 793.96' T AHGENT \.-. liT' (i'~lClA.ATED POSITION _ - (it Tf€: NW CORNER g DANIEL ~VE'l' D.l.C. No. 12 ....: PER REr. '" 2! ~. /"""..... \~--/ ... ~..t!J1: " ie ..,t.. :9 to. .... b ...\\~~I C> \'. ...,,~" I 2;7 qr:$ ----"'... 1."~' -t ~oo'on.' [ 5.7r II u. I flOG '.,+ ~, 2~,v'l~ IB T.L. UOI . ~'-t> .. 3. ti ~. t.:I EASEI.lEHT ~ T,L. ~ ~~ca:r[O ~ 4060 Z ~ ~,<~,. ...~'Q T.L. UOO 9 .10.0. 8 ROW o ~ b r o o z T.L. nUll lVACAHTJ ~ ~ .. PROPOSED VACATED EASEMENT FOR W. I. D. ~. NE 1/4 SEC. 3 T 18 S, R.3 W" W.M, ASSESSOR'S MAP NO. 18-03-03-1-1 TAX LOT NO, 3700-4200. ASSESSOR'S MAP NO. 18-.03-03-t-4. . TAX LOT N.O. 1300 .GLENWOOD, LANE COUNTY, O.REGON APRIL 13, ,2005 ~ SCALE : r ~ 200' .;-: [REGISTERED 1 PROFESSIO~ML L^ND SURVEYOR ~l(){oJ lJON^~~~~'~^KESJ "" . -!:.XI'flES: OEC'EHBER JL 20011' ;. " .....1.QM!B EHCINqRING II: SURVEYING. INe.' r.o. lOX 2111 . IOC'''', ouaON 'HU . t.nt tn_un : JOI If.. JlU. OWII. It JAO-III1\JUI'u,c.ac:u. DAn, 4." r~GB OP .1 ,/ ORDINANCE NO. AN ORDINANCE V ACA TING A PUBLIC EASEMENT IN THE CITY OF. SPRINGFIELD, LANE COUNTY OREGON. WHEREAS, The application for vacation was submitted in conformance with the with the provisions of Section 3.050 of the, Springfield Development Code; 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 18th day of July, 2005, at the hour of7:00 p.m., to hear public testimony and commentxegarding the proposed vacation; and. . WHEREAS, the findings and testimony submitted by the applicant and those in support of this easement vacation satisfy the criteria of approval for vacations found in . Section 9.030 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; NOW THEREFORE, THE CITY COUNCIL DOES ORDAIN: Section I: The Council finds legal notice .of the hearing was duly given, lawfully published and posted; the consent of the owners of the requisite area has been obtained; public interest will not be impaired by the.vacation of the easement andthe said easement vacation will be in the interest of the public and benefit the property involved. Section 2: The public easement in the City of Springfield, as described in Exhibit A of this Ordinance, is declared to be vacated. . Section 3: The findings set forth in the Staff Repoit dated July 8, 2005, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted in support of the vacation. SectionA: It is a further condition of this vacation that nothing herein contained shall cause or require the removal of or abandonment of any sanitary or storm sewer line, water main, gas main, maintenance/accessroad, conduit of any kind,. pole or thing used or intended 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 under existing or future easements.. Section 5: The City Recorder is directed to file certified copies.ofthis ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. . . . . ADOPTED by the Common Council of the City of Springfield by avote of,---- iil favor. and _ against this ,--day of ,2005. .. .. APPROVED by the Mayor of the City of Springfield this _ day of 2005. A TrEST: Mayor City Recorder '-~)~7~~ 2) '\.. ~_~ \~~ -;I;~rq:~':" -~ .:, 'c . . . Legal Description for a portionof a . 26.5 foot Railroad Easement to be Vacated Beginning at the northwest corner of Lot 1, Block 2 of Wildish Industrial Tracts as platted and recorded in Book 56, Page 11 of the Lane County Oregon Plat Records; thence along the west line of said Block 2 the following four (4) courses and distances; South 00002'25" West 793.96 . feet, along the arc of a 382.24 "foot radius curve left (the chord of which bears 'South 26020'05" East 339.62 feet) a distance of 351.91 feet. South 52042'35" East 50.00 feet and South 60'52'50" East 324.46 feet to the corner common to Lot 7, Lot 8 and Lot 11 all in Block 2 of said Wildish I~dustrial Tracts; thence along the common boundary between Lot 7, BI~ck 2 and Lot 8, Block 2 of said Wildish Industrial Tracts North 29007'10" East 18.42 feet; thence leaving said boundary line and running North 52029'06" West 55.37 feet; thence North 60052'50" West 239.73 feet; . . thence North 55043'07" West 75.99 feet; thence along the arc of a 355.74 foot radius curve right (the chord of which bears North 26020'05" West 316.07 feet) a distance of 327.52 feet; thence North 00002'25" East 806.52 feet to a point on the north boundary ofLot I, Block 2 of said Wildish Industrial Tracts; thence South 64041'10 West 29.32 feet to the point of beginning, all in . Lane County, Oregon .'i EXHIBIT A