TO: Mayor and City Council
THROUGH: Steve Powers, City Manager
FROM: Peter Fernandez, PE, Public Works Director
SUBJECT:
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Petition-initiated vacation of Vacation Lane SE.
Ward(s): 3
Councilor(s): Nanke
Neighborhood(s): Faye Wright
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ISSUE:
Shall City Council accept a petition to vacate Vacation Lane SE and direct the City Manager to set a public hearing date to consider this petition-initiated vacation?
RECOMMENDATION:
recommendation
Accept a petition to vacate Vacation Lane SE and direct the City Manager to set a public hearing date to consider this petition-initiated vacation.
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SUMMARY AND BACKGROUND:
The City of Salem received a petition from Matthew and Suzanne Bailey (Petitioner) to vacate Vacation Lane SE as shown in Attachments 1 and 2.
Vacation Lane SE is unimproved and currently functions as a private driveway for an existing dwelling. Vacating Vacation Lane SE would allow for the creation of a more logical access alignment, which the Petitioner plans to construct at some point in the future.
FACTS AND FINDINGS:
Property owners may file a petition to vacate all or part of a right-of-way pursuant to Oregon Revised Statute (ORS) 271.080 and 271.090, and Salem Revised Code (SRC) 255.065. The Petitioner submitted a petition to vacate Vacation Lane SE.
Public Works staff reviewed the petition and have determined it contains all the submittal requirements and property owner consents as required by SRC (255.065(b)(2)-(3) and ORS 271.080-271.230.
At this first stage in the City Council review process, Council may accept the petition and schedule a public hearing to consider the vacation, or Council may reject the petition if it determines the vacation is not in the best interest of the City. If Council rejects the petition, the petitioner will be given notice that the Council will take final action on their application at a future meeting. If Council accepts the petition, a public hearing on the proposed vacation will be scheduled. At the public hearing, Council will review the petition against the criteria for approval listed in SRC 255.065(b)(6) and ORS 271.080-271.230. After the public hearing, Council will then either enact an ordinance granting the vacation in whole or in part, or adopt a resolution rejecting the proposed vacation. In addition, Council may impose such conditions or make such reservations as it deems in the public interest.
Staff recommends Council accept the petition to vacate Vacation Lane SE and direct the City Manager to set a public hearing date to consider this petition-initiated vacation.
Robert D. Chandler, PhD, PE
Assistant Public Works Director
Attachments:
1. Legal Description and Map
2. Vacation Lane SE Vicinity Map