TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Brian D. Martin, PE, Public Works Director
SUBJECT:
title
Proposal to vacate a portion of right-of-way for 1st Street NW.
Ward(s): 1
Councilor(s): Stapleton
Neighborhood(s): West Salem NA
Result Area(s): Safe, Reliable, and Efficient Infrastructure
end
SUMMARY:
summary
The proposed action would vacate a portion of the right-of-way (approximately the northern 13 feet) for 1st Street NW, east of Murlark Street NW. The remaining right-of-way would be improved to an alternate street standard as an alley through development of adjoining properties. The area proposed for vacation is revised from what was previously considered in February 2023. Vacating this portion of right-of-way and improving the remaining right-of-way to an alternate street standard as an alley will help support development in the surrounding area.
end
ISSUE:
Shall City Council conduct first reading of Ordinance Bill No. 10-24, which vacates a portion of the right-of-way for 1st Street NW, and advance Ordinance Bill No. 10-24 to second reading for enactment?
RECOMMENDATION:
recommendation
Conduct first reading of Ordinance Bill No. 10-24 (Attachments 1 and 2), which vacates a portion of the right-of-way for 1st Street NW, and advance Ordinance Bill No. 10-24 to second reading for enactment.
body
FACTS AND FINDINGS:
The City Council may initiate a right-of-way vacation proceeding per Oregon Revised Statute 271.130. The Salem Revised Code (SRC) 255.065(b)(1)(B) establishes that a vacation initiated by the City is a Class 2 Vacation. A Class 2 Vacation is initiated by resolution of the City Council.
Resolution 2023-04 (Attachment 3) initiating this vacation was adopted by Council on February 27, 2023. The original proposed vacation included the full width of the right-of-way for 1st Street NW. A public hearing on the original proposal was held on March 27, 2023, at which time City Council approved the proposed vacation with the condition that access and utility easements be provided. West Salem Neighborhood Association submitted testimony at that time supporting the vacation (Attachment 4).
Through the process of attempting to meet this condition, it was determined that modifying the area of vacation would better serve the needs for both access and utilities. For this reason, the proposed area for vacation was reduced to the northern 13 feet of right-of-way, as described in Ordinance Bill No. 10-24, Exhibit A (Attachment 2). The needs for access to adjacent properties and utilities (sanitary sewer and water) will be served by the remaining right-of-way. Adjoining development will improve this right-of-way to an alternate street standard using the City’s alley standard. Staff attended the West Salem Neighborhood Association on August 1, 2024, to share information on the revised proposal. A public hearing was held on August 12, 2024 regarding the revised proposal.
Notice of the proposed vacation as revised was sent to potentially affected public utilities. No public utilities were identified in this revised area proposed for vacation.
Approval Criteria
The Salem Transportation System Plan (Salem TSP) establishes the goals, policies, and objectives for planning, development, and operation of its street system. SRC 255.065(b)(6) implements these goals, policies, and objectives by establishing the criteria for approving the vacation of public right-of-way. The eight criteria are listed below along with findings that detail how each criterion is met.
(A) The area proposed to be vacated is not presently, or will not in the future be needed for public services, facilities, or utilities;
FINDING:
Transportation: The proposed vacation will not degrade transportation services or accessibility in the surrounding neighborhood since Edgewater and 2nd Streets NW, both parallel to 1st Street NW, already perform the function of connecting Murlark Avenue NW and Wallace Road NW. The area proposed for vacation is presently used by one business to access rear parking with building frontage on Edgewater Street NW. Retaining sufficient right-of-way for an alley improvement will serve this access need.
Utilities: No utilities exist within the area proposed for vacation.
The vacation complies with this criterion.
(B) The vacation does not prevent the extension of, or the retention of public services, facilities, or utilities;
FINDING:
Transportation: Vacating the northern 13 feet of the right-of-way for 1st Street NW will not negatively impact vehicle and pedestrian connectivity. This street is presently used by one business to access rear parking with building frontage on Edgewater Street NW. Sufficient right-of-way will remain to provide an alley improvement to meet this access need.
Utilities: No utilities exist within the area proposed for vacation. Utilities are available in the portion of right-of-way that will be retained.
The vacation complies with this criterion.
(C) Public services, facilities, or utilities can be extended in an orderly and efficient manner in an alternate location;
FINDING:
Transportation: Edgewater and 2nd Streets NW, both parallel to 1st Street NW, provide the needed connection between Murlark Avenue NW and Wallace Road NW. The remaining right-of-way can be improved as an alley and serve the access needs of adjacent properties.
Utilities: No utilities exist within the area proposed for vacation. Utilities can be provided in the portion of right-of-way that will be retained.
The vacation complies with this criterion.
(D) The vacation does not impede the future best use, development of, or access to abutting property;
FINDING: Vacating this right-of-way will support the future best use and development of abutting property by increasing the developable area by 3,768 square feet and changing the required improvements from a local street standard to an alley standard. Access to abutting properties will continue through the provision of an alley.
The vacation complies with this criterion.
(E) The vacation does not conflict with provisions of the Unified Development Code, including the street connectivity standards and block lengths;
FINDING: The Unified Development Code standards for street spacing is contained in SRC 803.030. If a portion of the right-of-way for 1st Street NW is vacated, the street spacing between Edgewater and 2nd Streets NW will be approximately 260 feet. The resultant block length complies with the street spacing standards contained in SRC 803.030.
The vacation complies with this criterion.
(F) All required consents have been obtained;
FINDING: Vacations following ORS 271.080-271.130 and the SRC 255.065 Class 2 proceedings do not require the consent of abutting property owners if the proposed vacation of right-of-way will not substantially affect the market value of the abutting property such that it will lower the market value of the abutting property. The proposed vacation will not substantially affect the market value of the abutting property such that it would lower the market value; any impact would be to increase the market value of the abutting property.
City-initiated vacations do not require the consent of owners of property within the “Affected Area;” however, vacations may not be approved if the majority of the affected owners, as computed on the basis provided in ORS 271.080, object in writing to the vacation.
No letters have been received from abutting or affected property owners regarding the proposed vacation.
The vacation complies with this criterion.
(G) Notices required by ORS 271.080-271.130 have been duly given;
FINDING: Notice of Public Hearing was provided as required by ORS 271.080-271.130. Notice was posted at the site on July 29, 2024, and published in the Statesman-Journal on July 29, 2024, and August 5, 2024.
The vacation complies with this criterion.
(H) The public interest would not be prejudiced by the vacation;
FINDING: Vacation of 1st Street NW would support development in an area that is currently vacant or blighted. Any current effort to construct a new building on any abutting lot would require that 1st Street NW be constructed to City of Salem local street classification standards. Reducing the width of the right-of-way while continuing to provide access via an alley would remove that burden and encourage development of the vacant or blighted adjacent areas. The public interest would not be prejudiced by the vacation.
The vacation complies with this criterion.
BACKGROUND:
1st Street NW is located in west Salem within the boundary of the West Salem Urban Renewal Area. On September 12, 2022, the Urban Renewal Agency approved funding to engage an engineering consultant to prepare the materials to initiate vacation of the remaining 300 feet of 1st Street NW east of Murlark Avenue NW. The section of 1st Street NW between Melinda Avenue NW and Wallace Road NW was previously vacated by City Council in 2015 associated with construction of the Goodwill development.
West Salem Urban Renewal Area funds were allocated to construct public utilities and street improvements along 2nd Street NW to aid multi-modal circulation through this area and support redevelopment. The project is complete and was opened to the public on July 23, 2024.
Robert D. Chandler, PhD, PE
Assistant Public Works Director
Attachments:
1. Ordinance Bill No. 10-24
2. Exhibit A to Ordinance Bill No. 10-24
3. Resolution No. 2023-04
4. Written Testimony from March 27, 2023