Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
City planner explains right-of-way vacations; council debates alley policy and licensing alternative
Summary
Senior Planner Lenny Crow explained how a 'vacation' of a plat or right of way works under the development code and ORS (transcript citation). Councilors and staff discussed using temporary licenses instead of vacations, inventorying alleys, and balancing neighbor disputes with future utility and development needs.
Senior Planner Lenny Crow presented an informational overview of how the development code defines a "vacation" (abandonment) of plats or street rights-of-way and the practical tradeoffs. He said vacations typically return land to adjoining owners but can impair public utility access and make future city projects harder; he cautioned councils to use vacations sparingly.
Planner Crow cited the city’s development code definition and an ORS reference in the presentation (transcript citation: "ORS, 271.08 sub 2"). He outlined initiation routes (adjacent property owner petition requiring majority signed consent, or council-initiated vacation that can be stopped by objecting owners), notice-area parameters (up to 400 feet from each end of the portion proposed to be vacated), and the requirement that every vacation proceed through a public hearing.
City Attorney Carrie Connolly described a licensing alternative as a temporary way to allow private use while the city retains rights needed for future public purposes; she said licenses are used only when there is significant city benefit (for example, to legitimize an existing stairway or improve safety) and are not a property right automatically offered to an owner.
Councilors raised a recent alley dispute (sheds, encroachments, overgrown trees) and discussed whether the city should clear and maintain alleys or rely on complaint-driven enforcement and a vacation or licensing application process. Public Works Director Stewart and staff warned that many alleys house utilities and can be important for future development, so case-by-case review may be necessary. Several councilors requested a staff-developed inventory of historic subdivision alleys and clearer policy guidance for staff on handling recurring disputes.
Next steps: staff recommended encouraging neighbors to use the existing vacation application if they wish to proceed, offering case-by-case assessment, and returning with potential policy guidance or an inventory as requested by council.
(Reporting note: all legal and process descriptions come from the planner and city attorney presentations.)
