The purpose of street vacation is to recognize that changes to the city's existing street system are occasionally required. Therefore, the following application has been established to allow limited changes to the city's existing street system without adversely affecting safe and efficient circulation throughout the city. A street vacation is a legislative action which is not subject to the 120-day rule of ORS 227.178. This section is carried out by the approval criteria listed herein. The regulations and processes included in this chapter shall also apply to the vacation of utility easements.
(Ord. 857 Exh. 1, 2005; Code 2000 § 11.40.76; Ord. 2020-05 § 1 (Exh. A), 2020; Formerly 18.147.010)
Alterations to the city's existing streets that involve the vacation of street rights-of-way, utility easement vacations, or both, shall be reviewed by the city council.
(Ord. 857 Exh. 1, 2005; Code 2000 § 11.40.77; Ord. 2020-05 § 1 (Exh. A), 2020; Formerly 18.147.020)
There is a single street vacation or utility easement vacation application which is subject to the following requirements:
(A) 
Procedure Type. For legislative action, the decision-making authority is the city council.
(B) 
Approval Criteria. In order to approve a street vacation or utility easement vacation application, the city council shall make findings of fact based on evidence provided by the applicant demonstrating that all the following criteria are satisfied:
(1) 
The proposal satisfies the threshold requirements for a street vacation or utility easement vacation application.
(2) 
All city application fees related to the application under consideration by the decision-making authority have been submitted.
(3) 
The proposed street vacation or utility easement vacation meets the eligibility provisions of ORS 271.080, as applicable.
(4) 
The proposed street vacation will not adversely impact street connectivity as identified in the transportation system plan of the comprehensive plan.
(5) 
The proposed street vacation will not adversely impact police, fire, and emergency services in the area.
(6) 
That the proposed street vacation will not hinder accessibility to any aboveground or underground public facilities.
(7) 
That the proposed utility easement vacation will not result in the loss of any service of public utilities to any property that is currently served. This criterion can be satisfied through the replacement of the utility easement to be vacated with a new utility easement meeting adopted public works standards.
(8) 
Applications and documents related to the request, which will require further city approval, shall be submitted to the city in the proper sequence.
(C) 
Submission Requirements. An application for a street vacation or utility easement vacation shall be made by the owner of property abutting the right-of-way or utility easement, or the owner's authorized agent, to the city council, mayor, or their designee on a form provided by the community development director and shall be filed with the director.
(D) 
Conditions of Approval. The city council may impose conditions on the approval of a street vacation or utility easement vacation application to ensure compliance with the approval criteria.
(Ord. 857 Exh. 1, 2005; Code 2000 § 11.40.78; Ord. 2020-05 § 1 (Exh. A), 2020; Formerly 18.147.030)