Agenda Item - 2022-12-20 - Number 6.06 - Resolution 22-38, Vacate a Portion of Hazel Road 6.6
ocVA id$ COUNCIL REPORT
�� o
AEG%
Subject: Resolution 22-38, Initiating Proceedings to Vacate a Portion of a Hazel Road Located
Southerly of 2301 Hazel Road.
Meeting Date: December 20, 2022 Staff Member:
Erica Rooney, P.E., Public Works Director & City
Report Date: December 9, 2022 Engineer
Todd Knepper, P.E., Engineering Program Supervisor
Department: Engineering
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
O Resolution 0 Not Applicable
❑ Information Only Comments:
❑ Council Direction
O Consent Agenda
Staff Recommendation: Adopt Resolution 22-38, to initiate required notice of a street
vacation public hearing to be held on January 17, 2023.
Recommended Language for Motion: Move to adopt Resolution 22-38.
Project/ Issue Relates To:
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ONot Applicable
ISSUE BEFORE COUNCIL
Shall the City initiate a street vacation proceeding pursuant to ORS 271.130 for the benefit of
the Lake Oswego School District ("District") regarding for the most westerly end of Hazel Road?
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
EXECUTIVE SUMMARY
Engineering staff proposes this street vacation pursuant to an expansion of the Lake Oswego
High School to add an outdoor classroom and greenhouse (and other amenities), per LU 22-
0016 approval, with conditions of approval. Staff believes the vacation would be of benefit to
both the District and the public by addressing the Hazel Road "turnaround."
Adoption of Resolution 22-38 would result in public notice of a street vacation public hearing
before the Council on January 17, 2023.
As a City-initiated street vacation pursuant to ORS 271.120 and .130, the Council may approve
the vacation if in the public interest unless:
1. Owners of a majority of the area affected object in writing thereto, or
2. The market value of an abutting property is substantially affected by the vacation and
the property owner does not consent to the vacation, unless the city provides for paying
damages.
Staff believes that the vacation is in the public interest and that neither circumstance will be
shown to exist.
BACKGROUND
Hazel Road is a public street that currently terminates at the west boundary of 2301 Hazel
Road.
£
,cc
7 R5JRC - '„ , �' ' —I -
J fi
'. . 0
o T. fj
iva620.2 J rah c4.*..,. ! er
I
LO High 2301MC
� l
aic,ti ¢a 3,ti cei
MN NO 3r,
MOOC ' f rk)kVir r
I '
15 I • 1 • t irllL$s
—1 C r'i iR FwIhY13 *w*. . • -
II t _ 1341
,
I _
I %Ili
O O ¢ 4TiAc '}
—. s h. �m
• 4 fi 1 ''iiT (1),C•/` - RTJI LI
•
4
vacation area ' '-• *} " z
M
I I -. ?I ,.
I I .
I I i
The current configuration of the Hazel Road right of way allows access from Goodall Rd. to
existing dwellings along the easterly portion of Hazel Road, 2301 Hazel Road (a dwelling on it
was demolished after it was purchased by the District in 2018), and the current Lake Oswego
Respect. Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
High School campus (the parcels westerly and southerly of the right of way proposed to be
vacated), as depicted on Exhibit 1 of Attachment 1.
On October 3, 2022, the Development Review Commission approved the District's request (LU
22-0016) to expand the existing Lake Oswego High School Conditional Use Permit to include
2301 Hazel Road, and add minor public facilities (greenhouse, outdoor classroom, landscaping,
and parking) on 2301 Hazel Road and the area of Hazel Road proposed for vacation. To
construct the improvements as approved, the subject (west) portion of the Hazel Road right of
way will need to be vacated. Condition of Approval A(2) requires applicant (the District)to:
"apply for and obtain from City Council a street vacation of the public right of way area
currently within the development site. Note: The Engineering staff will recommend that
if vacation is to be approved in a separate proceeding, that the applicant record an
agreement/easement that the Hazel Road driveway entrance will not be blocked and
that the public may use the parking lot for a turnaround, to the satisfaction of the
Engineering Staff." 1
At the "legal" end of Hazel Road, a driver would be required to execute a multi-point
turnaround. However, currently drivers continue past the end of Hazel Road, into the high
school campus, and either turn around within the school parking lot or drive through the
parking lot to Country Club Road, by virtue of the District's permissive use.
If the vacation is approved, a separate process will consolidate the District's four tax lots
(current campus and 2301 Hazel Road2) and the vacated portion of Hazel Road.
DISCUSSION
Engineering staff supports the initiation of the street vacation proceeding by the City Council
because the subject portion of Hazel Road, now surrounded by the high school campus, is not
necessary for a future extension of the public right of way. The question at a future public
hearing on the street vacation is whether the vacation of the subject right of way of Hazel Road
is in the "public interest."
Resolution 06-56
Resolution 06-56 (Attachment 2) states City policy that values the retention of public right of
way, prohibiting vacation except in certain circumstances, including when:
"a. Special circumstances relating to a right of way make it incapable of being used for right
of way purposes;
1 The Condition continued with: "(Approval of the development and the site plan does not constitute a
determination of whether or not the right of way proposed by the applicant to be vacated should, in fact, be
vacated;that is a decision for the Council and is subject to separate statutory criteria.)
2 21E04CB00100,21E04BC01400, 21E04BC01500(current campus), and 21E0500500(2301 Hazel Road),
Respect. Excellence. Trust. Servi::�:.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 4
c. Vacation is coupled with dedication of additional right of way in order to achieve more
logical or useful right of way boundaries or routes; or
d. The City Council finds that vacating a right of way serves the public interest."
Engineering staff believes that each of these three circumstances would be met by the
proposed street vacation.
"a. Special circumstances relating to a right of way make it incapable of being used for right
of way purposes;
d. The City Council finds that vacating a right of way serves the public interest."
The subject right of way is not capable of being used for right of way purposes and its vacation
appears to be in the public interest because:
1. The District owns the property northerly, westerly, and southerly of the subject right of
way, and it is planning to consolidate the site for development purposes;
2. There does not appear to be a future need for a public right of way within the high
school campus;
3. There are no plans for the Hazel Road right of way to be extended through the high
school campus;
4. The subject portion of the Hazel Road right of way does not connect directly to any
other public streets or public alleys; and
5. The public interest may be facilitated by further development of the Lake Oswego High
School, as envisioned in the LU 22-0016 approval for an outdoor classroom and
greenhouse.
(c) Vacation is coupled with dedication of additional right of way in order to achieve more
logical or useful right of way boundaries or routes
The existing Hazel Road right of way currently enables an alternate access to the Lake Oswego
High School campus. However, the "legal" end of the Hazel Road right of way does not allow for
an appropriate turnaround area for non-District public traveling westerly on Hazel Road. The
District has been permitting the general public to enter its campus parking area to use as a
turnaround. To formally allow for continued site access, and to facilitate a more functional
boundary for public turnaround purposes, through the LU 22-0016 conditions of approval the
District has agreed (and is conditioned) to formalize and record a public easement and
agreement for vehicle turnaround.
ORS 271.080 and ORS 271.180.
A street vacation proceeding may be initiated by either:
• The City Council on its own motion (ORS 271.130). Following the public hearing, the
vacation can be approved unless a majority of the owners in the "affected area" object
in writing. The "affected area" is 200 ft. out from the street and a distance of 400 ft.
Respect. Excellence. Trust. Servi:c,.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 5
beyond the ends of the area to be vacated. (ORS 271.080). If the vacation will
substantially affect the market value of property abutting the street, and the vacation
ordinance is to be adopted, there must be a provision for paying damages. Whether
there would be a need to provide for payment of damages will be determined at the
public hearing.
• A property owner(ORS 271.080). A property owner initiates a vacation proceeding by
filing a petition with the consent of the property owners abutting the proposed vacated
street, and at least two-thirds of the owners in the "affected area."
Per ORS 271.120, at the public hearing, the Council must determine "whether the public
interest will be prejudiced by the vacation of such plat or street or parts thereof."
Approving this Resolution to initiate the vacation proceeding does not bind the Council to
approval, as the Council must find after the public hearing that the "public interest"
requirement of ORS 271.120 is met.
LU 22-0016
Although the Council's decision-making process is not bound per footnote 1, proceeding with
the proposed vacation would be acting in good faith with Condition A(2) of LU 22-0016, to
secure an easement and agreement for a formal right of public turnaround within the Lake
Oswego High School campus parking area.
ALTERNATIVES OR ADVANTAGES AND DISADVANTAGES
There are two alternatives available to the Council:
1. Deny the request for City initiation of the vacation.
2. Initiate the vacation and schedule a public hearing for January 17, 2023.
FISCAL IMPACT
There are no direct fiscal impacts for the City in initiating a public hearing for a right of way
vacation.
RECOMMENDATION
Adopt Resolution 22-38, initiating the street vacation proceedings to Vacate a Portion of a
Hazel Road, pursuant to ORS 271.130 for the portion of a Hazel Road, and setting a public
hearing for the January 17, 2023 council meeting.
ATTACHMENTS
1. Resolution 22-38, with Exhibit 1
2. Resolution 06-56
Respect. Excellence. Trust. Servi:c,.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
ATTACHMENT 1
RESOLUTION 22-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO INITIATING PROCEEDINGS TO
VACATE A PORTION OF HAZEL ROAD LOCATED AT THE MOST-WESTERLY END THEREOF,AND BEING
SOUTHERLY OF 2301 HAZEL ROAD,AND AUTHORIZING THE CITY RECORDER TO GIVE NOTICE OF A
PUBLIC HEARING.
WHEREAS,a tract of land being portion of Hazel Road located at the most-westerly end thereof, and
being southerly of 2301 Hazel Road, identified on the attached Exhibit 1 (proposed vacation area) lies
within the boundaries of the City of Lake Oswego; and
WHEREAS, a portion of the most-westerly end of Hazel Road was previously vacated by Clackamas
County Order No. 8372, Board of County Commissioners, Book 64, Page 123, Recorded October 25, 1960
in the Official Records of Clackamas County, as Book 578, Page 664; and
WHEREAS, Lake Oswego School District No. 7 ("District") owns the property northerly,westerly, and
southerly of the subject right of way, and the District is planning to combine the site for development
purposes, and
WHEREAS,the subject right of way does not connect through to any other public streets or public alleys;
and
WHEREAS,the public interest may be facilitated by further development of the Lake Oswego High
School as envisioned in the District's proposed development plan; and
WHEREAS,the proposed vacation may meet City policy established through Resolution 06-56, in that
the Council may find that the following circumstances may exist, following a public hearing:
"a. Special circumstances relating to a right of way make it incapable of being used for right of way
purposes;
///
c. Vacation is coupled with dedication of additional right of way in order to achieve more logical or
useful right of way boundaries or routes;
d.The City Council finds that vacating a right of way serves the public interest."
WHEREAS,the City Council, pursuant to ORS 271.130, desires to initiate street vacation proceedings for
the proposed vacation area,
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The Council incorporates the above recitals.
Section 2. Pursuant to the provision of ORS 271.130,the City Council hereby initiates proceedings
to vacate a portion of Hazel Road the located at the most-westerly end thereof, and
being southerly of 2301 Hazel Road, as depicted on the attached Exhibit 1.
Section 3. The City Recorder shall give notice of a public hearing to be held before the City Council
concerning this proposed vacation on or after January 17, 2023.
Section 4. This Resolution shall be effective upon passage.
Resolution 22-38
Page 1 of 2
Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 20t"day
of December,2022.
AYES:
NOES:
EXCUSED:
ABSTAIN:
Joseph M. Buck, Mayor
ATTEST:
Kari Linder, City Recorder
APPROVED AS TO FORM:
Evan Boone,City Attorney Pro Tern
Resolution 22-38
Page 2 of 2
EXHIBIT 1
/ / 1... N
TH O MA SI,',•
ROAD ��:,,- __.,
://_1111 fil
� / Q
O.
m
c
W - -
LAKE OSWEGO SCHOOL LAKE
DISTRICT NO. 7 OSWEGO
TAX LOT 21E04BC01400 SCHOOL
O DISTRICT
m
NO. 7- 2301
HAZEL ROAD [ �-- - p '.
RIGHT OF WAY VACATION TAX LOT a
BOARD OF COUNTY 21E04- 1::-.\-
/
COMMISSIONERS BC01500
BOOK 578, PAGE 664 - p
RECORDED 10/25/1960 p
PROPOSED
RIGHT OF WAY
VACATION
J _ NPR°-?p
LAKE OSWEGO SCHOOL IIE
DISTRICT NO. 7
TAX LOT 21E0500500 PROPOSED NEW \
TURNAROUND- \
ACCESS EASEMENT \
\
PROPOSED RIGHT OF
WAY VACATION & NEW '\
TURNAROUND-ACCESS
LAKE OSWEGO SCHOOL EASEMENT
DISTRICT NO. 7 \
TAX LOT 21E04BC01400
LAKE OSWEGO SCHOOL
DISTRICT NO. 7 SHIREVA DRIVE
TAX LOT 21E04CB00100 SHIREVA DRIVE
U
CpUNTRyCCUB _AD
w
I ( N
I TRACT OF LAND WITHIN THE NORTHWEST QUARTER OF SECTION 4,TOWNSHIP
,oF SAKE os��o EXHIBIT 1 2 SOUTH,RANGE 1 EAST,WILLAMETTE MERIDIAN,CITY OF LAKE OSWEGO,
�� 0 ENGINEERING CLACKAMAS COUNTY,OREGON;A PORTION HAZEL ROAD, FOREST HILLS ACRES
DEPARTMENT
PROPOSED (PLAT NO.598);RIGHT OF WAY DEDICATION,RECORDING NO.2003-099384
Wril RIGHT OF WAY SCALE: 1" = 200' DATE: DECEMBER 9, 2022 SHEET 1 OF 1
OREGON VACATION FILE: H:\SURVEYING SERVICES\VACATIONS\HAZEL ROAD-LU 22-0016 FOR LOHS-RES.2022-38
&ORD.2918\DWG\HAZEL ROAD-LU 22-0016 FOR LOHS-RES.2022-38&ORD.2918.DWG
ATTACHMENT 2
RESOLUTION 06-56
A RESOLUTION OF THE LAKE OSWEGO CITY COUNCIL ESTABLISHING A
POLICY ON VACATION OF PUBLIC RIGHTS OF WAY
WHEREAS public rights of way are valuable community assets that serve the transportation and
utility service needs of the residents of Lake Oswego; and
WHEREAS it is difficult to predict the future need for currently-undeveloped public rights of way;
and
WHEREAS reacquisition of vacated rights of way can be expensive for the public can disrupt
private development and use of property; and
WHEREAS, for these reasons, the Lake Oswego City Council finds that it is in the best interest of
the public to establish a policy defining and limiting the circumstances under which public rights of
way will be vacated;
IT IS HEREBY RESOLVED by the Lake Oswego City Council that:
Section 1. It is the policy of the City of Lake Oswego that public rights of way shall
not be vacated except when:
a. Special circumstances relating to a right of way make it incapable of
being used for right of way purposes;
b. Vacation is necessary to correct errors or inconsistencies in right of way
boundaries;
c. Vacation is coupled with dedication of additional right of way in order to
achieve more logical or useful right of way boundaries or routes; or
d. The City Council finds that vacating a right of way serves the public
interest.
Section 2. This Resolution shall be effective upon passage.
Considered and enacted at the meeting of the Lake Oswego City Council on the day of November,
2006.
111
l / I
Ill
Page 1 of 2 — Resolution 06-56
AYES: Mayor Hammerstad, Hoffman, Graham, Peterson, Turchi
NOES: McPeak
EXCUSED: Groznik
ABSTAIN: none
Judie Hammerst d Mayor
ATTEST:
Robyn C tie, City Recorder
APPROVED TO FORM:
A/44:4„.
David Powell
City Attorney
Page 2 of 2 —Resolution 06-56