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. .
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.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
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, 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
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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
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SCALE : r ~ 200'
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[REGISTERED 1
PROFESSIO~ML
L^ND SURVEYOR
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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) '\.. ~_~ \~~
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. . .
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