Subject
Resolution No 2136 is ready for council adoption. The ordinance will initiate vacation proceedings for a portion of SE 10th Street.
Summary and Background
Chapter 271 of the Oregon Revised Statutes governs disposition of public lands and is the city's guiding policy for processing vacation of public rights-of-way. Vacations may be processed by petition or by city council motion. ORS 271.130 establishes that a city council may initiate vacation proceedings by motion without consent of all property owners as required in a standard petition process.
City staff have been working on a large economic development project in the southeast quadrant of town on the city's certified industrial site. A copy of a preliminary site plan for development is attached to this report for the council's reference. As indicated on the draft site layout, a portion of SE 10th Street between E Penney Ave and E Feedville Road lies directly within the potential building footprint for this industrial development. This portion of SE 10th Street is entirely undeveloped right-of-way under city jurisdiction.
There is potential for considerable economic development on the site which is constrained by the existence of an existing undeveloped street. The developer has had numerous conversations with staff and requests that the city council initiate vacation by motion as opposed to land owner petition because there are very specific constraints and timelines on this site that make petition impractical. In the case of a vacation petition, consent is needed from all property owners within 400 feet of the terminus of the vacation area which includes land owned by Union Pacific Railroad. It is unlikely that it is possible to obtain a consent to vacation from Union Pacific within the brief timeline necessary to perform the due diligence on the property and it is more economic and timely for the city to initiate vacation.
The right-of-way for SE 10th Street is a 66-foot wide undeveloped street. It is not part of the city's transportation plan for the southeast quadrant and the circulation it may provide in the future can be accommodated by SE Kelli Blvd today and by future streets connecting to E Feedville Road as development warrants. If vacation is approved following a public hearing, the land will revert to the abutting property.
Tie-In to Council Goals:
The vacation is proposed to facilitate industrial development. Economic development, particularly primary industrial jobs, are a council priority.
Fiscal Information
There is no fiscal impact to the city from relinquishing right of way. Future street maintenance costs are reduced and revenue generated from potential development increases. Costs associated with vacation will be passed along to the developer.
Alternatives and Recommendation
Alternatives
The city council may choose to:
- Adopt Resolution 2136 initiating vacation proceedings
- Reject Resolution 2136 and not initiate vacation proceedings
Recommendation
Staff recommends that the city council adopt Resolution 2136 and schedule a hearing on vacation for October 28, 2019.
Requested Action/Motion
Motion to adopt Resolution 2136.
Submitted By: Clinton Spencer