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HomeMy WebLinkAboutOrdinance 6012 05/20/2002 . . . , ' 1! V A.cAI\O~ (/ F ?a..A\ 1--1 NE ORDINANCE NO. 6012 (SPECIAL) AN ORDINANCE VACATING A PLAT LINE MARKING THE EASTERLY BOUNDARY OF THE FIRST ADDITION TO ADAMS PLAT, LANE COUNTY OREGON PLAT RECORDS AND DECLARING AN EMERGENCY. WHEREAS, the application for vacation was submitted in conformance with the provisions of ORS 271.080 et. seq., and with the provisions of Article 9-Vacations of the Springfield Development Code; and WHEREAS, the proposed plat line vacation was reviewed by the Development Review Committee and no objection or conditions were placed upon approval of the vacation; and WHEREAS, lawful notice of the proposed vacation~was published and posted; and WHEREAS, the Springfield Planning Commission met on May i\ 2002 and received a staff report that included findings which conclude the proposed plat line vacation, satisfies the decision criteria found in Section" 9.030 of the Springfield .. Development Code for approving plat vacations; and WHEREAS, the Springfield Planning Commission held a public hearing concerning the proposed plat line vacation on May 7th, 2002 and received no testimony in opposition to the vacation; and WHEREAS, the members of the Planning Commission considering the matter on May 7th voted unanimously to forward their recommendation that the plat line ~acation be approved, to the City Council; 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; and WHEREAS, the Springfield City Council met in Council Chambers, at 225 Fifth Street, on Monday the 20th day of May, 2002, at the hour of 7:00 p.m., to conduct a public hearing concerning the proposed vacation; NOW, THEREFORE, THE City of Springfield, DOES ORDAIN, AS FOLLOWS: Section 1. The Council finds that the legal notice of the hearing was lawfully published and posted; that the public interest will not be impaired by the vacation of this plat, and that vacation of said plat line will be in the best interest of the public and increase the benefit of the property involved. AI":TER RECORDING RETURN TO: c jT'('oF SPRI~6r-'EL.1) 0, ~s FcfFTrl n. !>P~WlJ)F'eLPJ oR '77477 ORDINANCE 6012 P""'je i of 2- Page 1 of2 . . . Section 2. The plat line in the City of Springfield, as described on the site map and in the property description which are together attached as Exhibit A of this Ordinance, is declared to be vacated. Section 3. The City Recorder is directed to file certified copies of this ordinance with the Lane County Clerk, Lane County Assessor, and Lane County Surveyor. Section 4. It is hereby found and determined that the matters relating to the vacation of the plat are matters affecting the public health, and that an emergency therefore exists, and this Ordinance shall therefore take effect immediately upon its passage by the Council and Approval by the Mayor. FURTHER, although not part of this Ordinance, the Springfield City Council adopts the findings set forth in the Staff Report which demonstrate conformance of this amendment to the Metro Plan, applicable State statutes and applicable State-wide Planning Goals and Administrative Rules, and is attached as Exhibit B. ADOPTED by the Conimon Council of the City of Springfield this 20ttday of , - Mas-, 2002 by a vote of ~ for and -1L against. APPROVED by the Mayor of the City Of~ ~w...., 2002. Mayor Attest: dhlLG ~~ W(~ City Recorder REVIEWED & APPROVED AS, TO FORM' , ~ D>~ -\\ S L ~--",,\-\"-( DATE: S- /J 5'"' r.:2 00 L OFFICE OF CITY ATTORNEY State of Oregon ) )ss. County of Lane ) This instrument was acknowledged before me on ~ 20) 'Z002- by S\D~~'j W, Le\~Cv\, as May of Springfield. ' _OFFICIAL SEAL '. JULIE M WILSON <. j NOTARY PUBLIC - OREGON '.", <,' COMMISSION NO, 397943 . MY COMMISSION EXPIRES OCT 4,2009 ~ I~ f'J\, CU~ ARY PUBLIC FOR OREGON My Commission Expires: (;)6\- 4 I z.c::D4 ORDINANCE Page 2 of2 e. e e '. . , ~ EXHIBIT A PLAT BOUNDARY UNE VACATION FOR JOHN P. HAMMER LOT 8 iIg Ir;:; ! I:: I I N LOT 7 I i I I , ~ LOT 6 I I I I 1:= : 19 IIg 18 IZ I 1 I I I I I 1 I I N84'24'OO"W 327.25' VICINITY MAP N.T.S. ROD & CAP MARKED "PLS 494" (CSF #28106) 5? z.>: /''''., ,':J :1.4 J () 1 1" = 200' LOT 10 LOT 5 - , EASTERLY BOUNDARY LINE OF ADAMS PLAT, BOOK 15, PAGE 2, L.C.O.D.R., LANE COUNTY OREGON. LOT 4 NOO'41'00"E 251.90' C'. tw , . 1 ; . . . PROPERTY DESCRIPTION PARCEL 1: Beginning at the Southwest corner of Block, 1, MORROW PLAT, as platted and recorded in Book 19, Page 6, Lane County Oregon Plat Records, in Lane County, Oregon; thence along the Northerly line of old Southern Pacific Company's Railroad Industrial Spur North 840 24' 00" West 870.00 feet being the true point of beginning; thence leaving the said Northerly line, North 50 36' 00" East 655.00 feet; thehce East 200.88 feet to a point on the Northeasterly right of way line of County Road No. 221as said road was surveyed in August, 1954 by that survey being Lane County Surveyors File (CSF) Index No. 518; thence along the said Northeasterly right of way line, along the arc of a 552.96 foot radius curve left (the chord of which bears South 420 19' 48" East 265.73 feet) a distance of 268.26 feet; thence South 560 14' 00" East 54.20 feet; thence along the arc of a 696.20 foot radius curve left (the chord of which bears South 640 13' 00" East 193.38 feet) a distance of 194.01 feet; thence leaving said right of way line, South 720 22' 02" East 130.84 feet to the Southwest corner of that parcel of land conveyed to the City of Springfield as recorded in Reel 288'D, Reception No. 49400, Lane County Oregon Deed Records, in Lane County, Oregon, as said was surveyed in November, 1987, by that survey being CSF 28106; thence along the Northwesterly line of said parcel, North 480 29' 24" East 53.62 feet to a point on the Southwesterly line of 42nd Street being that certain tract conveyed by Weyerhaeuser Company to Lane County recorded in Reel 140 '59D, Reception No. 78387, Lane County Oregon Deed Records, in Lane County, Oregon; thence, along the said Southwesterly line, North 410 25' 41" West'1262.36 feet; thence along the arc of a 1512.39 foot radius curve right (the chord of which bears North 400 54' 28" West 27.47 feet) a distance of 27.47 feet to a point on the Northerly right of way of the above mentioned County Road No. 221; thence leaving the Southwesterly line of said 42nd Street and along the Northerly line of the said County Road No. 221, along the arc of a 258.73 foot radius curve left (the chord of which bears North 690 52' 37" West 29.24 feet) a distance of 29.26 feet; thence North 730 07' 00" West 78,57 fe~t; thence along th~ arc of a 5709.39 foot radius curve right (the chord of which bears North 710 35' 00" West 305.55 feet) a distance of 305.59 feet; thence North 700 03' 00" West 242,64 feet; thence along the arc of a 771.11 foot radius curve left (the chord of which bears North 650 47' 21" West 114.58 feet) a distance of 114.68 feet to the Southerly line of Kathryn Avenue in the FIRST ADDITION TO ADAMS PLAT as platted and recorded in Book 15, Page 2, Lane County Oregon Plat Records, if said line is extended North 670 03' East; thence South 670 03' 00" West 53,91 feet to the corner of said Plat on the Southerly line of Kathryn Avenue; thence following the Southerly and Easterly line of said Plat, South 670 03' 00" West 73.77 feet; thence along the arc of a 517.46 foot radius curve right (the chord of which bears South 690 3D' 13" West 44,31 feet) a distance of 44,32 feet; thence South 00 OS' 30" East 1157.05 feet to the Southeast corner of the Pressley Comegys Donation Land Claim No, 80, same township and range; thence South 00 41' 00" West 251.89 feet to the Southeast continued- . . . Property Description continued- corner of the said FIRST ADDITION TO ADAMS PLAT being on the Northerly line of the said old Southern Pacific Company's Railroad Industrial Spur; thence along the said Northerly line, South 840 24' 00" East 915.21 feet to the true point of beginning, in Lane County, Oregon; ALSO: Lots 1 to 12, inclusive, in Block 12, FIRST ADDITION TO ADAMS PLAT, as platted and recorded in Book 15, Page 2, Lane County Oregon Plat Records, in Lane County, Oregon; EXCEPT all that portion conveyed by John P. Hammer to Sundance Lumber Company, Inc., in property line adjustment deed recorded March 06, 2001, Reception No. 2001-012167, Lane County Official Records. ALSO: Lot 6, Block 13, FIRST ADDITION TO ADAMS PLAT, as platted and recorded in Book 15, Page 2, Lane County Oregon Plat Records, in Lane County, Oregon; ALSO: Starting at the Northeast corner of Lot 5, Block 13, FIRST ADDITION TO ADAMS PLAT, as platted and recorded in Book 15, Page 2, Lane County Oregon Plat Records; thence North 840 23' West 94.48 feet along the North boundary of said lot to a point which is South 00 33' West 80.31 feet from the Southwest corner of Lot 11, Block 12, said plat; thence North 840 23' West 14.2 feet along said boundary; thence South 50 37' West 373.56 feet to a point which is on the North right of way of the Southern Pacific Company's Industrial Spur and the South boundary of Lo~ 5, said plat; thence South 840 23'East 141.80 feet along said right of way and boundary to the Southeast corner of Lot 5, said plat; thence North 00 33' East 373.03 feet to the point of beginning, in Lane County Oregon; EXCEPT all that portion conveyed by John P. Hammer to Sundance Lumber Company, Inc" in property line adjustment deed recorded March 06, 2001, Reception No. 2001-012167, Lane County Official Records. ALSO: The vacated streets as follows: 40th Street which lies East of Lots 1 to 12, inclusive, in Block 12; the East one-half of 39th Street which lies South of the Westerly projection of Lot 9 and which lies West of Lots 9, 10, and 11, Block 12; the North one-half of Industrial Avenue which lies South of Lots 11 and 12; Block 12; the South one'-half of Industrial Avenue which lies North of Lot 6, Block 13 and the South one-half of Industrial Avenue which lies North of the East 94.51 feet of Lot 5, Block 13, all within the FIRST ADDITION TO ADAMS PLAT, as platted and recorded in Book 15, Page 2, Lane County Oregon Plat Records, in Lane County, Oregon. EXCEPT all that portion conveyed by John P. Hammer to Sundance Lumber Company, Inc" in property line adjustment deed recorded March 06, 2001, Reception No. 2001-012167, Lane County Official Records. . continued- . . . PARCEL 2: Beginning at the Southwest corner of Block I, MORROW PLAT, as platted and recorded in Book 19, Page 6, Lane County Oregon Plat Records, in Lane County, Oregon; thence along the Northerly line of the old Southern Pacific Company's Railroad industrial spur, North 840 24' 00" West 870.00 feet; thence leaving the said Northerly line, North 50 36' 00" East 655.00 feet; thence East 200.88 feet to a point on the Northeasterly right of way line of County Road No. 221 as said road was surveyed in August, 1954 by that survey being Lane County Surveyors file (CSF) Index. No, 518; thence along the said Northeasterly right of way line, along the arc of a 552,96 foot radius curve left (the chord of which bears South 420 19' 48" East 265,73 feet) a distance of 268.26 feet; thence South 560 14' 00" East 54.20 feet; thence along the arc of a 696.20 foot radius curve left (the chord of which bears South 640 13' 00" East 193.38 feet) a distance of 194.01 feet; thence leaving said right of way line, South 72022' 02" East'130.84 feet to the Southwest corner of that parcel of land conveyed to the City of Springfield as recorded in Reel 288'D, Reception No. 49400, Lane County Oregon Deed Records, in Lane County, Oregon, as said was surveyed in November, 1987 by that survey being CSF 28106; thence along the Sout~erly line of said parcel, South 720 08' 49" East 45.87 feet; thence along the arc of a 306.48 foot radius curve right (the chord of which bears South 680 36' 38" East 38.80 feet) a distance of 38.83 feet to a point on the East line of the Lucinda Comegys Donation Land Claim No,. 81, in Township 17 South, Range 2 West of the willamette Meridian; thence along the said East line, South 00 15' 00" West 358.24 feet to the point of beginning, in Springfield, Lane County, Oregon. PARCEL 3: Lot 2, Block 1~ MORROW PLAT, as platted and recorded in Book 19, Page 6, Lane County Oregon Plat Records, in Lane County, Oregon; EXCEPT THEREFROM that portion which was conveyed to the City bf Springfield by that deed recorded October 19, 1979 in Reel 1030R, Reception No. 7963100, Lane County Oregon Deed Records, in Lane County, Oregon. EXHIBIT B . Request for Vacation of a Plat Staff Report Date Submitted: March 22, 2002 Journal Number: 2002-03-0084 . ADDlicant: Consultant List: John Hammer Scott Morris P,O, Box 2266 Olson & Morris Eugene, OR 97402 1410 Oak Street, Suite 200 Eugene, OR 97401 ALCO Holdings LLC Affected Property Owner Randy Johnson, Attorney (Mt. Hood) Ater, Wynne Portland, OR Subject Property Plat Line to be Vacated: Map # 17-02-31-00 Tax lot 101 Easterly line of the First Addition to Adam's Plat Vicinity: Kathryn and Olympic St. Plan and Zone Designation Metro Plan: HI Springfield Zone: HI Executive Summary Staff recommends approval of the vacation request. I. Overview of the Proposal The applicant, John Hammer filed an application in October to subdivide Tax lot 101 as part of a larger subdivision plan. The subdivision tentative plan was approved on February 12, 2002. In reviewing the final plat for approval, the City Surveyor and the Lane County Surveyor requested that an old plat line that forms the easterly boundary of the First Addition to Adams Plat, be vacated. . The property was in the sole ownership of John Hammer when this application was filed. In the time since, the final plat for the new subdivision was approved and Lot 4 of the subdivision was purchased by ALCO Holdings LLC. ALCO was advised of the proposed plat line vacation and has submitted documentation of its approval of the plat line vacation as it affects their property. Plat Vacation- Hammer Subdivision Jo,lVo, 2002-03-0084 ATTACHMENT 2-1 Staff has reviewed the decision criteria for approving the vacation of plat lines and has made findings that support the approval of the applicants' request. . II. Procedural Requirements Vacation of a plat is a Type IV procedure as specified in Section 3,1 OO( 1 ) (d) of the Springfield Development Code (SDC). The application, together with a staff report and public comment shall be reviewed by the Planning Commission. The Commission shall hold a public hearing and issue a decision on the vacation reqliest based on the criteria for approval found in Section 9.030 of the SDC. The Planning Commission shall make a recommendation to the City Council concerning the request that includes its findings with respect to the decision criteria. Section 3.100 (6) provides for a public hearing to be held by the City Council with proper notice being provided as specified in Section 14.030. The Council shall review the application, together with the staff report, findings and recommendation of the Planning Commission, any evidence received prior to and during both the Planning Commission and the City Council hearings, and shall make a decision on the application. Notice of the public hearing before the City Council requires the publication of a notice concerning the hearing in a newspaper of general circulation. Such notices are to be published at least 20 days prior to the hearing. . The criteria for reaching a decision under the Type IV procedure shall be in compliance with applicable goals, policies, and objectives of the Metro Plan, applicable State statutes, and the provisions of the Springfield Development Code. Findings: L Notice of the pending vacation was published in the Springfield News on Saturday, April 11 and April 18, more than 20 days prior to the date of the public hearing before the City Council. 2. A staff report and the application together with all supporting materials relied upon by the applicant were available for public review before the hearing. Conclusion: Procedural requirements for processing the requested vacation of a plat have been met. III. Criteria for Decision Making Article 9.030 of the SDC details the criteria to be applied by the Council when considering a vacation request: "The applicant shall demonstrate that the following criteria have been met in order to approve a Vacation request: . Plat Vacation- Hammer Subdivision Jo, No, 2002-03-0084 ATTACHMENT 2-2 . . . ... (1) The Vacation is in conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual Plans, (2) There are no negative effects on access, traffic circulation, and emergency service protection; or any other public benefit derived fi'om the easement, right of way or plat. IV. Findings and Conclusions (1) The Vacation is in conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual Plans. Findings: 1. The plat line to be vacated is the easterly plat boundary of the First Addition to the Adam's Plat, between Kathryn St. on the north and the Union Pacific rail line on the south. 2. The First Addition to Adam's Plat was first established as a residential subdivision. Lot sizes created by the original plat are small and are consistent in size other residential lots of the time. 3. The Metro Plan designation for the subject property and surrounding area is Heavy Industrial. The Springfield Zoning Map shows the affected lots are also zoned Heavy Industrial. 4. The lots affected by the proposed plat vacation have been part of a log pond that was created by Weyerhaeuser in the 1940's and subsequently operated by Stone Forest Products. The log pond has recently been drained and is being replatted for an industrial subdivision, consistent with the plan and zone designation. 5. The small lot configuration of the plat is not appropriate with a Heavy Industrial Metro Plan and zoning designation. 6. The proposed vacation of the subject plat line plat is necessary to allow development to occur within the new industrial subdivision. Vacation of the line will allow the subject property to build out with industrial uses consistent with the Metro Plan. . 7. A review ofthe Conceptual Local Street Plan (6/97) shows no conflict with the proposed vacation. 8. No Conceptual Plans or Refinement Plans exist for the area encompassing the subject property. 9. A review ofthe Public Utilities, Services, and Facilities Element of the Metro Plan (III-G) revealed the vacation does not conflict with the Plan's goals or policies. Plat Vacation- Hammer Subdivision Jo, No, 2002-03-0084 ATTACHMENT 2.3 , . . . . 10. The new industrial subdivision for the site (10.2001-10-0193) includes easements for utilities and access, as requested by the City of Springfield and the Springfield Utility Board. These easements and access ways are not affected by the plat line vacation. Conclusion: The proposed vacation conforms to the Metro Plan, and reverses a subdivision configuration that is not consistent with the intended use of the land as designated by the Plan and current zoning. The vacation is not in conflict with adopted Street Plans, and/or Conceptual Plans in the area. (2) There are no negative effects on access, traffic circulation, and emergency service protection; or any other public benefit derived from the easement, right of way or plat. Findings: 11. At a meeting held to coordinate a staff response to the Hammer vacation application and to a proposed right-of-way vacation held on April 10, 2002, staff from Public Works Transportation, Civil Engineering, and the City Surveyor's office met with planning staff. At that meeting no comment was received regarding the vacation of the subject plat line. 12. As part of the Development Review Committee process, a notice describing the proposed vacation was sent to affected public and private utilities, and was circulated among the appropriate departments within the City of Springfield. The notice requested comments or concerns about the vacation be forwarded to the Planning staff. Staff received no responses. Conclusion: A review ofthe proposed vacation by affected public and private utilities and the City of Springfield indicates no negative effects on access or services are likely to occur if the plat is vacated. V. Recommendation Based on analysis ofthe requested vacation with respect to the criteria for plat vacations found in Section 9.030 of the SDC, staff finds the requested action to be consistent with those criteria. It is therefore recommended that the Springfield Planning Commission approve the requested vacation of the easterly plat line ofthe First Addition of Adams Plat between Kathryn Street and the Union Pacific rail line. Plat Vacation- Hammer Subdivision Jo,lVo, 2002-03-0084 ATTACHMENT 2.4 ). \~ . . . NOTICE OF PUBLIC HEARING BEFORE THE PLANNING COMMISSION AND CITY COUNCIL CITY OF SPRINGFIELD Notice is hereby given that the Springfield Planning Commission and City Council will conduct public hearings and the reading of a resolution in the matter of a request to vacate the easterly plat line of the First Addition to Adams Plat between Kathryn St. and the Union Pacific rail line. The hearing before the Planning Commission will be held on May 7,2002. The hearing before the City Council will be held on May 20,2002. Both hearings will be held at 7:00 p.m. in the Council Chambers at City Hall, 225 Fifth Street, Springfield, Oregon, 97477. The plat line is located on property identified as Map #17 -02-31-00, Tax Lot 101 on the Lane County Assessor's Map. The line forms the easterly boundary ofthe First Addition to Adam's Plat, between Kathryn Street and the Union Pacific rail line. Article 9.030 of the SDC details the criteria to be applied by the City Council when considering a vacation request. These criteria require that: 1) the vacation is in conformance with the Metro Plan including any adopted Street Plans, and/or Conceptual Plans; and 2) the vacation causes are no negative effects on access, traffic circulation, and emergency service protection; or any other public benefit derived from the easement, right of way or plat. Written comments concerning the issue will be received by the Springfield Development Services Department, 225 Fifth Street, Springfield, Oregon 97477 until 5:00 p.m. on Friday, May 3rd. Citizens may also submit written or oral testimony during the public portion of the 4earing. A staff report, the application and all documents and evidence relied upon by the applicant shall be available for inspection at the Springfield Development Services Department after April 26th. If you have questions regarding this matter,.contact Mark Metzger, Planner III, of the Development Services Department, or call 726-3775. Gregory S. Mott, Planning Manager Plat Vacation- Hammer Subdivision Jo,1Vo, 2002-03-0084 ATTACHMENT 2.5 . . . '; Division of ChieF Deputy Clerk 2'~~6.0"3112 Lane County Deeds and Reeorda vv. /1II1I/11I/I1/UIII/III/IIIIII/1111/I1I116U 1/1/ $8J, 00 0080597420060033112012012605/J2/2006 II :00:27 RIl RPR-VAC Cnt=1 Stn=6 CASHIER 07 $60.00 $10.00 $11.00 ,,", --- - --. - - ---- - ------ - --