On the agenda: Albany Agenda Packet — data center (Nov 9)

PLANNING COMMISSION

AGENDA

Monday, November 9, 2026
5:15 p.m.

This meeting includes in-person and virtual participation.
Council Chambers
333 Broadalbin Street SW

Or join the meeting here:
https://council.albanyoregon.gov/groups/plc/zoom
Phone In: 1-253-215-8782 (long distance charges may apply); Meeting ID: 837-8633-4863; Passcode:
464432
Please help us get Albany’s work done.
Be respectful and refer to the rules of conduct posted by the main door to the Chambers and on the website.

1. Call to order and pledge of allegiance
2. Roll call
3. Approval of Minutes
•

August 17, 2026

[Pages 2 – 3]

4. Public Comment
5. Scheduled Business
Public Hearing: AN-01-26 & ZC-02-26, a Type IV Legislative and Quasi-Judicial Process [Pages 5 – 22]
Summary: Annexation of a 0.90-acre tract with a concurrent Zone Map Amendment from Linn County
UGA/UGM-20 to R-5. (Project Planner – David Martineau, [email protected])
Public Hearing: VC-01-26, a Type IV Quasi-Judicial Review [Pages 23 – 34]
Summary: City-initiated vacation of Thurston Street and Jefferson Street public right of way north of
Water Avenue. (Project Planner – David Martineau, [email protected])
Persons wanting to provide comments may:
1- Email written comments to [email protected], including your name, before noon on the
day of the meeting.
2- To comment virtually during the meeting, register by emailing [email protected] before
noon on the day of the meeting, with your name.
3- Appear in person at the meeting and register to speak
6. Business from the commission
albanyoregon.gov

1

PLANNING COMMISSION AGENDA
November 9, 2026

Page 2 of 2

7. Staff updates
8. Next Regular Scheduled Meeting Date: December 7, 2026
9. Adjournment
This meeting is accessible to the public via video connection. The location for in-person attendance is
accessible to people with disabilities. If you have a disability that requires accommodation, please notify city
staff at least 48 hours in advance of the meeting at: [email protected] or call 541-917-7550.
Testimony provided at the meeting is part of the public record. Meetings are recorded, capturing both in-person
and virtual participation, and are posted on the City website.

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CITY OF ALBANY
Planning Commission
MINUTES
Monday, August 17, 2026
Council Chambers – 5:15 p.m.
Approved: DRAFT
Call to Order
Chair Miller called the meeting to order at 5:15 p.m.
Pledge of Allegiance
Roll Call
Commissioners Present: Kenny Larson, Remi Hill, Ron Green, Paul Spilsbury, JoAnn Miller, Ted
Bunch Jr., Stacey Bartholomew
Remote: Ron Green, Tami Cockeram
Commissioners Absent:

Skylar Bailey (excused)

Approval of Minutes
Motion: Commissioner Larson moved to approve the meeting minutes from July 20, 2026.
Commissioner Hill seconded the motion. The motion passed 9-0.
Public Comment - none
Scheduled Business
Chair Miller opened the Type IV Quasi-Judicial Hearing on CU-02-26 at 5:15 p.m.
Summary: Conditional Use Review to locate a religious assembly use in an existing building,
located at 1820 Fescue Street SE.
Commission Declarations
No members declared a conflict of interest.
No members declared an ex-parte contact.
No members declared a site visit.
No members abstained from participating in the proceedings.
No one challenged the Planning Commissioners’ right to determine this matter.
Meeting Procedures – David Martineau, Current Planning Manager, provided the meeting
procedures.
Staff Report - Martineau explained the proposal and shared slides* with the group. Location is
known as the Allan Brothers building. Property is currently listed as LI. Besides installing bicycle
lanes, there are no proposed alterations to the property.
Questions to Staff – None
Applicant Testimony – Jamie Viveiros with Brand Land Use and Jacob Liedkie with Cornerstone
Bible Church came forward to share slides* the application materials and explained the proposal.
The building is a combination of office and warehouse space. There is no request to change the
zoning of the property.
Questions from Commissioners – None
Public Testimony – None
Waiver - Chair asked if the applicant wished to waive the 7-day waiting period for submitting
additional written arguments. Applicant agreed to waive the waiting period.
Procedural Questions to Staff – None
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Planning Commission
August 17, 2026

Page 2 of 2

Public Hearing was closed at 5:27 p.m.
Commission Discussion – Green asked about the tax implications of changing the status of the
property. The Applicant answered that it will be based on the occupancy of the building, regarding
the leased spaces.
Motion: Commissioner Hill motioned to approve the conditional use to allow the religious
assembly use in an existing building. Commissioner Bunch seconded the motion. Role vote was
called with Yes votes - Miller, Green, Bunch, Bartholomew, Larson, Spilsbury, Cockeram, Hill. No
votes - 0. Motion passed 8-0
Business from the Commission – Spilsbury asked to be excused from the discussion on the data
center, feeling it was not in the purview of the Planning Commission and the role of the
commission. He also remembered that the commission had decided, at a previous meeting, that
Hill would bring the topic to City Council as a member of the community. Staff and commissioners
discussed the previous decision and how to proceed with the data center topic. Hill did disclose
that although they had not attended the City Council meeting, that an email was sent to the
members of the City Council and a response was received by Van Drimmelen, expressing interest
in the topic. Martineau shared that there is a request to have an upcoming joint work session
between Planning Commission and City Council. Bunch reminded the group of what had happened
in Hillsboro and Salem, feeling that the City Council is already thinking about the data center topic.
Miller and Bartholomew expressed interest in getting the topic on a City Council agenda and to
hopefully having a joint session to discuss it. All commissioners agreed.
Staff Update - none
Next meeting date
September 14, 2026, 5:15 p.m.
Adjournment – 5:47 p.m.
Respectfully submitted,

Reviewed by,

Talley Richardson
Administrative Assistant I

David Martineau
Current Planning Manager

*Documents discussed at the meeting that are not in the agenda packet are archived in the record.
The documents are available by emailing [email protected].

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COMMUNITY DEVELOPMENT

333 Broadalbin Street SW, PO Box 490, Albany, Oregon 97321-0144 | Community Development 541-917-7550

Staff Report

Annexation with Concurrent Zoning Map Amendment
Files: AN-01-26 & ZC-02-26

October 28, 2026

Hearing Information
Review Body:

Planning Commission

Hearing Date and Time: Monday, November 9, 2026, at 5:15 p.m.
Hearing Locations:

This hearing will be conducted at the Albany City Council Chambers
Virtual: At 5:15 p.m., join the meeting using the link below:
https://council.albanyoregon.gov/groups/plc/zoom
Phone: 1-253-215-8782; meeting ID: 837-8633-4863; passcode: 464432
In-Person: Appear in person at the meeting and register to speak using the
sign-up sheet.

Review Body:

City Council

Hearing Date and Time: Wednesday, December 16, 2026, at 6:00 p.m.
Hearing Location:

This hearing will be conducted at the Albany City Council Chambers
Virtual: To comment/testify, please email [email protected] with
your name, address, phone number, and if you are speaking for, against, or
neutral on the topic.
Watch Livestream at 6:00 p.m.: http://www.albanyoregon.gov/livestream
In-Person: Appear in person at the meeting and register to speak using the
sign-up

Summary

This application is a request to annex one tract of land measuring 0.90 acres that is outside the city
limits along with adjacent right-of-way and a concurrent Zoning Map Amendment from Linn
County’s UGA-UGM-20 zoning designation to Residential Low Density (R-5).
The subject property is eligible for annexation as it is contiguous to the City limits, located within
the Albany Urban Growth Boundary (UGB), and can be served by public services.
With the annexation, the subject property will also be removed from the taxing district of the Albany
Rural Fire Protection District (ARFPD). Public notice will be published prior to the City Council
public hearing, in accordance with Oregon Revised Statutes (ORS) 222.524.

albanyoregon.gov/cd
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October 28, 2026

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The criteria for annexation are found in ADC 2.110, and criteria for zoning map amendments are
found in ADC 2.740. These criteria are addressed in the staff report and must be satisfied to grant
approval for this application.
As shown in this report, the proposal satisfies all applicable review criteria; therefore, the staff
recommendation for the proposal is to grant APPROVAL with ONE CONDITION.

Application Information
Proposal:

Annexation of a 0.90-acre tract with a concurrent Zone Map
Amendment from Linn County UGA/UGM-20 to R-5.

Review Body:

Planning Commission and City Council (Type IV Review)

Report Prepared By:

David Martineau, Project Planner

Applicant/Property Owner:

Envestment II LLC; 1650 NW Spring Meadow Drive; Corvallis, OR
97330

Representative:

Laura LaRoque, Pathfinder Land Use Consulting; PO Box 484;
Lebanon, OR 97355; 503-501-7197; [email protected]

Engineer:

Taylor Kiefel, MSS Engineering; 215 NW 4th Street; Corvallis, OR
97330; 541-753-1320; [email protected]

Address:

450 Clover Ridge Road NE

Map/Tax Lot:

11S-03W-04AB, Tax Lot 100

Comprehensive Plan:

Residential Low Density

Overlay Districts:

Airport Horizontal Surface

Total Land Area:

0.90 acres

Review Process and Appeals

The proposal for annexation concurrent with a zoning map amendment are processed through a
Type IV quasi-judicial and legislative land use review process. The planning commission will hold a
public hearing to consider the proposal and will make a recommendation to the city council. The
city council will hold a subsequent public hearing to consider the proposed annexation and zoning
amendment. After closing the public hearing, the city council will deliberate and make a final
decision.
Within five days of the city council’s final decision on this application, the Community
Development Director will provide written notice of decision to the applicant and any other parties
entitled to notice. The city council’s decision may be appealed to the Oregon Land Use Board of
Appeals (LUBA) if a person with standing files a Notice of Intent to Appeal not later than 21 days
after the notice of decision is mailed [ADC 1.250(8) and (9)].

Public Notice

Public notice was provided in accordance with Type IV legislative and quasi-judicial procedures.
Notice was provided to the Oregon Department of Land Conservation and Development (DLCD) on
September 29, 2026, at least 35 days before the first evidentiary hearing, in accordance with
Oregon Administrative Rule (OAR) 660-018-0020 and ADC 1.250(4) and 1.260(2).
Public notices were mailed to 72 property owners within 300 feet of the subject property being
annexed on October 19, 2026, in accordance with ADC 1.250(3) and ADC 1.260(2). Public notices
were posted on the subject property by November 2, 2026, in accordance with ADC 1.410. Notice

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of the public hearings was published in the Albany Democrat-Herald on October 24, 2026, in
accordance with ADC 1.250(4) and 1.260(2).
The staff report for the proposed annexation with a concurrent zoning map amendment was posted
on the City’s website on November 2, 2026, at least seven days before the first evidentiary public
hearing. At the time this report was prepared, the Albany Planning Division received no written
comments.

Analysis of Development Code Criteria

The ADC includes the following review criteria, which must be met for this application to be
approved. Code criteria are written in bold followed by findings, conclusions, and conditions of
approval where conditions are necessary to meet the review criteria.

Annexation (ADC 2.110)

The review body shall make a quasi-judicial land use decision as to whether the proposed
annexation complies with all of the following criteria:

Criteria 1

Eligibility Criteria: The City shall determine that property is eligible for annexation based on
the following criteria:
(a)
The property is contiguous to the existing city limits; and
(b)
The property is located within the Albany Urban Growth Boundary as established by
the Albany Comprehensive Plan.

Findings of Fact
1.1

The subject property is located outside the Albany city limits and is proposed for
annexation into the City of Albany. The property is contiguous to the existing city limits
because it directly abuts property and/or public right-of-way that is currently within the
Albany city limits. The annexation also includes adjacent right-of-way as necessary to
create a logical city boundary and ensure that the annexed area is connected to the existing
city limits.

1.2

The subject property is located within the Albany Urban Growth Boundary. Properties within
the Urban Growth Boundary have been identified as appropriate for future urbanization and
eventual annexation to the City, subject to compliance with applicable annexation criteria.
Because the property is both contiguous to the existing city limits and located within the
Albany Urban Growth Boundary, the property is eligible for annexation under ADC 2.110.

Conclusions
1.1

The subject property is eligible for annexation and these criteria are satisfied.

Criteria 2

Infrastructure Criteria: The City shall determine that it is timely to annex property based on
the following criterion:
(a) An adequate level of urban services and infrastructure is available or will be made
available in a timely manner.
(b) As used in this section:
i.
“Adequate level” means conforms to adopted plans and ordinances.
ii.
“Urban services” means police, fire, and other City-provided services.
iii.
“Infrastructure” means sanitary sewer, water, storm drainage, and streets.
iv.
“Be made available in a timely manner” means that improvements needed for an
adequate level of urban services and infrastructure will be provided at the time

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and place needed to serve the anticipated development. Improvements may be
secured by a development agreement, annexation agreement, or other funding
mechanism that will place the primary economic burden on the territory
proposed for annexation and not on the City of Albany generally.

Findings of Fact
2.1

The subject property is addressed as 450 Clover Ridge Road NE and is located northwest
of the Clover Ridge Road NE and Windy Avenue NE intersection. The annexation area
includes the subject property and adjacent right-of-way. Existing public facilities are
located along the Clover Ridge Road NE and Windy Avenue NE frontages and are
available, or can be extended and connected to, at the time of development.

2.2

Fire Protection: Albany Fire Department currently provides fire protection services to the
subject property and adjacent right-of-way. With annexation, the subject property will be
removed from the Albany Rural Fire Protection District taxing district and will be served by
City fire protection services.

2.3

Police: Police service to the subject property would be a logical expansion of the City’s
current service boundaries. Upon annexation, the property will be served by the Albany
Police Department.

2.4

Sanitary Sewer: City utility maps indicate the presence of an 8-inch public sanitary sewer
main along the Clover Ridge Road NE frontage and a 12-inch public sanitary sewer main at
the intersection of Windy Avenue NE and Hummingbird Street NE, located southwest of
the subject property. Accordingly, public sanitary sewer service is available to the site.
ADC 12.470 requires new development to extend and connect to the public sanitary sewer
system when service is available within 300 feet of the property. Therefore, the subject
property will be required to extend and/or connect to public sanitary sewer at the time of
development.

2.5

Water: City utility maps show a 12-inch public water main along the Clover Ridge Road NE
frontage and an 8-inch public water main along the Windy Avenue NE frontage. The public
water system is available to serve the subject property. ADC 12.410 requires new
development to extend and connect to the public water system when service is available
within 150 feet of the property. Therefore, the subject property will be required to extend
and/or connect to public water at the time of development.

2.6

Storm Drainage: City utility maps show a 15-inch public storm drainage main along the
Clover Ridge Road NE frontage and a 12-inch public storm drainage main along the Windy
Avenue NE frontage. Public storm drainage facilities are available to serve the subject
property. When the subject properties develop, if the added or replaced impervious areas
result in more than 5,000 sq ft of impervious area, stormwater treatment and detention
will be required per AMC 12.45.030 and ADC 12.570.

2.7

Streets: The subject property has frontage on Clover Ridge Road NE and Windy Avenue NE.
Clover Ridge Road NE is classified as a minor collector and is constructed to city
standards. Per current city and county maps, the right-of-way is 55 feet wide; to meet
minimum right-of-way width of 60 feet, 5 feet of right-of-way dedication will be required at
the time of future development.

2.8

Current maps show that Clover Ridge Road NE has not been annexed along the frontage of
the subject property. The applicant’s proposed annexation map shows the adjacent right
of way in Clover Ridge Road NE being included in the annexation application.

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AN-01-26 et al Staff Report

2.9

October 28, 2026

Page 5 of 14

Based on the existing public utilities and the City’s ability to require necessary
connections and improvements at the time of development, an adequate level of urban
services and infrastructure is available or will be made available in a timely manner.

Conclusions
2.1

Existing public utilities (sanitary sewer, water, and storm drainage) are adequate to
accommodate future development on the subject property.

2.2

To meet minimum right-of-way width of 60 feet for Clover Ridge Road NE, 5 feet of right-ofway dedication will be required at the time of future development.

2.3

The proposed annexation map shows the adjacent right of way in Clover Ridge Road
Northeast being included in the annexation application.

2.4

This criterion is satisfied without conditions.

Criteria 3

Planning Criteria: The City shall determine that adequate planning has occurred based on
the following criterion:
Sufficient planning and engineering data have been provided, and necessary studies and
reviews have been completed such that there are no significant unresolved issues regarding
appropriate Comprehensive Plan and implementing ordinances. Examples of needed
studies may include public infrastructure plans, buildable lands inventories, area
refinement plans, or any task in an approved work program for Periodic Review.

Findings of Fact
3.1

Public infrastructure facility plans in this area include the City’s Capital Improvement
Program, Water Facility Plan, Wastewater Facility Plan, Storm Drainage Master Plan, and
the Transportation System Plan.

3.2

The proposed annexation includes the property addressed as 450 Clover Ridge Road NE,
located northwest of the Clover Ridge Road NE and Windy Avenue NE intersection,
together with adjacent right-of-way. The property is located within the Albany Urban
Growth Boundary and is contiguous to the existing city limits.

3.3

The application includes annexation with a concurrent zoning map amendment. No
Comprehensive Plan map amendment is proposed. The proposed zoning map
amendment will apply an Albany zoning designation to the property upon annexation,
consistent with the City’s process for bringing urbanizable land into the city limits and
applying City zoning.

3.4

Public facilities necessary to serve future development are available at or adjacent to the
subject property. As discussed under Criterion 2 above, City utility maps indicate the
presence of an 8-inch public sanitary sewer main along the Clover Ridge Road NE frontage
and a 12-inch public sanitary sewer main at the intersection of Windy Avenue NE and
Hummingbird Street NE, southwest of the subject property. Public water service is also
available via a 12-inch public water main along the Clover Ridge Road NE frontage and an
8-inch public water main along the Windy Avenue NE frontage. In addition, public storm
drainage facilities are available through a 15-inch public storm drainage main along the
Clover Ridge Road NE frontage and a 12-inch public storm drainage main along the Windy
Avenue NE frontage. These findings are incorporated herein by reference.

3.5

Future development of the property will be reviewed for compliance with applicable City
standards, including standards for sanitary sewer, water, storm drainage, streets, access,
frontage improvements, and stormwater management. Any required public improvements

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Page 6 of 14

or utility connections will be required or secured at the time of development.
3.6

Based on the applicable public facility plans, the availability of public infrastructure at or
near the subject property, and the City’s ability to require necessary improvements
through future development review, sufficient planning and engineering data have been
provided. There are no significant unresolved issues regarding the applicable
Comprehensive Plan or implementing ordinances that would preclude annexation.

Conclusions
3.1

As discussed under Criterion 2, an adequate level of urban services and infrastructure are
available to serve the subject property.

3.2

This criterion is satisfied because the proposed annexation is consistent with various
studies and plans covering these areas.

Criteria 4

Reasonableness: The city council shall determine that the proposed annexation is
reasonable.

Findings of Fact
4.1

The proposed annexation is reasonable because the subject property is located within the
Albany Urban Growth Boundary, is contiguous to the existing city limits, and can be served
by City urban services and infrastructure. The property is addressed 450 Clover Ridge
Road NE and is located northwest of the Clover Ridge Road NE and Windy Avenue NE
intersection. The annexation area includes the subject property and adjacent right-of-way.

4.2

The annexation is an island annexation involving territory that is surrounded by, or
substantially surrounded by, the existing city limits. Annexing the property will bring the
territory into the City’s jurisdiction and eliminate or reduce an unincorporated island
within the urbanized area. Including the adjacent right-of-way with the subject property
will support a logical and orderly city boundary.

4.3

As discussed under the infrastructure criteria, public sanitary sewer, water, and storm
drainage facilities are available along the Clover Ridge Road NE and Windy Avenue NE
frontages. Police and fire protection services can also be provided upon annexation.
Future development will be required to comply with applicable City standards for utilities,
streets, access, stormwater management, and other public improvements.

4.4

The annexation will allow the property to be served by City services and regulated under
the Albany Development Code. The concurrent zoning map amendment will apply an
Albany zoning designation to the property upon annexation. Because the property is within
the Urban Growth Boundary, is contiguous to the existing city limits, and is capable of
being served by available or extendable urban infrastructure, annexation is a reasonable
and orderly extension of the City.

Conclusions
4.1

The proposed annexation is reasonable because the property abuts the city limits, it is
located within the UGB, it can be served by City services and infrastructure, and the
proposed annexation is consistent with the Comprehensive Plan.

4.2

This criterion is satisfied.

Zoning Map Amendment (ADC 2.740)

Zoning Map amendments will be approved if the council finds that the applicant has shown
that all of the following criteria are met.

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Criterion 1

The proposed base zone is consistent with the Comprehensive Plan Map Designation for the
entire subject area unless a Plan map amendment has also been applied for.

Findings of Fact
1.1

No Comprehensive Plan Map amendment is proposed with this application. The existing
Comprehensive Plan Map designation for the subject property is Residential Low-Density.
The property is currently zoned Linn County Urban Growth Area-Urban Growth
Management, 20-acre minimum. Upon annexation, the applicant proposes to apply the City
of Albany R-5 Residential District zoning designation.

1.2

Table 2.760-1, Plan Designation Zoning Matrix, identifies the R-5 Residential District as a
compatible zoning district for properties with a Low Density Residential Comprehensive
Plan designation. Therefore, the proposed R-5 Residential District is consistent with the
existing Residential Low-Density Comprehensive Plan Map designation.

Conclusion
1.1

Because the proposed base zone is compatible with the existing Comprehensive Plan Map
designation, and no Comprehensive Plan Map amendment is proposed, this criterion is
satisfied.

Criterion 2

Existing or anticipated transportation facilities are adequate for uses permitted under the
proposed zone designation.

Findings of Fact
2.1

The proposed zone map amendment would apply the City of Albany R-5 Residential District
to the subject property upon annexation. The R-5 zone is consistent with the existing
Residential Low-Density Comprehensive Plan Map designation and would allow residential
uses anticipated for the property.

2.2

The subject property has frontage on Clover Ridge Road NE and Windy Avenue NE. Figure 74 of the Albany Transportation System Plan identifies Clover Ridge Road NE as a minor
collector and Windy Avenue NE as a local street. These transportation facilities provide
access to the property and connect the site to the surrounding street system.

2.3

No specific development is proposed with the annexation and zone map amendment.
Therefore, the application does not approve a particular site layout, access location, or
development intensity. Future development of the property will be reviewed for compliance
with applicable City transportation standards, including access, frontage improvements,
right-of-way dedication, pedestrian facilities, and any other improvements required by the
Albany Development Code and Transportation System Plan.

2.4

If additional transportation improvements are needed to serve development allowed under
the R-5 zoning designation, those improvements will be required or secured at the time of
development review.

2.5

In addition, as discussed under Criterion 5 below, the proposed R-5 zoning implements the
existing Residential Low-Density Comprehensive Plan Map designation and is not expected
to significantly affect existing or planned transportation facilities under OAR 660-012-0060.

2.6

Based on the existing street frontages, the functional classifications identified in the
Transportation System Plan, the surrounding transportation network, and the City’s ability
to require necessary transportation improvements at the time of development, existing or

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anticipated transportation facilities are adequate for uses permitted under the proposed R5 Residential District.

Conclusions
2.1

Existing or anticipated transportation facilities are adequate for the proposed R-5 zoning
district.

2.2

This criterion is satisfied.

Criterion 3

Existing or anticipated services (water, sanitary sewers, storm sewers, schools, and police
and fire protection) can accommodate potential development in the subject area without
adverse impact on the affected service area.

Findings of Fact
3.1

This criterion is addressed under Criterion 2 of the Annexation review criteria; those
findings and conclusions are included here by reference.

3.2

Public services and infrastructure are available to accommodate future development of the
site, as permitted under the proposed R-5 zoning district.

3.3

Any specific infrastructure requirements for future development would be determined at
the time of land use application for the development.

3.4

Schools: The property is planned for low-density residential use under the existing
Comprehensive Plan Map designation. Because no specific development or dwelling unit
count is proposed with this application, the annexation and zoning map amendment do not
approve a specific level of school service demand. Potential school impacts associated
with future residential development are consistent with residential growth anticipated by
the Comprehensive Plan and will be based on the actual development proposed at the time
of future land use or development review.

Conclusions
3.1

Existing and anticipated public services and utilities, including sanitary sewer, water, storm
drainage, schools, police, and fire protection, are available or can be made available to
accommodate potential development of the subject property without adverse impact on
the affected service area.

3.2

This criterion is satisfied.

Criterion 4

The intent and purpose of the proposed zoning district best satisfies the goals and policies of
the Comprehensive Plan.

Findings of Fact
4.1

The proposed zoning map amendment would apply the City of Albany R-5 Residential
District to the subject property upon annexation. The existing Comprehensive Plan Map
designation for the property is Residential Low-Density. No Comprehensive Plan Map
amendment is proposed with this application.

4.2

The R-5 Residential District implements the Residential Low-Density Comprehensive Plan
Map designation and is identified as a compatible zoning district in Table 2.760-1, Plan
Designation Zoning Matrix. The Residential Low-Density designation is intended for lowdensity residential development, including detached single dwelling units and middle
housing. Applying the R-5 Residential District upon annexation will allow future residential
development consistent with the adopted Comprehensive Plan designation and subject to
City development standards.

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4.3

The subject property is located within the East Albany Plan area. The East Albany Plan
supports the future urbanization of East Albany through new neighborhoods, housing
opportunities, transportation connections, and efficient use of public infrastructure. The
proposed R-5 zoning is consistent with this planning framework because it preserves the
property for residential use and allows future development to occur under City standards.

4.4

The following Comprehensive Plan goals and policies are relevant in considering whether
the proposed R-5 zoning designation best satisfies the goals and policies of the
Comprehensive Plan. Each of the relevant goals and policies are listed below in bold italic
print.
Statewide Planning Goal 1: Citizen Involvement (Chapter 9)
Goal: Ensure that local citizens and other affected groups, neighborhoods, agencies,
and jurisdictions are involved in every phase of the planning process.
Policy 2: When making land use and other planning decisions:
a. Actively seek input from all points of view from citizens and agencies and assure
that interested parties from all areas of the Urban Growth Boundary have the
opportunity to participate.
b. Utilize all criteria relevant to the issue.
c. Ensure the long-range interests of the general public are considered.
d. Give particular attention to input provided by the public.
e. Where opposing viewpoints are expressed, attempt to reach consensus where
possible.
Policy 3: Involve the general public in the use, evaluation, and periodic review and
update of the Albany Comprehensive Plan.
Policy 4: Ensure information is made available to the public concerning development
regulations, land use, and other planning matters including ways they can effectively
participate in the planning process.

4.5

The application will be reviewed through the applicable public notice and hearing process
before the Planning Commission and City Council. Notice will be provided to surrounding
property owners, affected agencies, and interested parties in accordance with the Albany
Development Code. The public hearing process provides an opportunity for written and oral
testimony, review of applicable criteria, and consideration of public and agency comments
before a final decision is made. Therefore, the proposal is consistent with the
Comprehensive Plan goals and policies for citizen involvement.

4.6

ADC sets forth provisions for citizen involvement at public hearings before the planning
commission and city council. In accordance with the Type IV legislative and quasi-judicial
process for annexations together with comprehensive plan and zoning map amendment,
notice was mailed to surrounding property owners within 300 feet of the subject property
and affected government agencies. Notice of the public hearings was also posted in two
places surrounding the subject property and published in the Albany Democrat Herald.
People who were notified of the public hearings were invited to submit comments or
questions about the application prior to or at the hearing.
Statewide Planning Goal 2: Land Use Planning-Land Use Designations (Chapter 9)
To establish a land use planning process and policy framework as a basis for all
decisions and actions related to use of land and to assure an adequate factual base for
such decisions and actions.

13

AN-01-26 et al Staff Report

4.7

October 28, 2026

Page 10 of 14

The proposed zoning map amendment is based on the existing Residential Low-Density
Comprehensive Plan Map designation, the Albany Development Code zoning matrix, the
East Albany Plan, adopted public facility plans, City utility information, and the Albany
Transportation System Plan. The proposed R-5 Residential District is a compatible zoning
district for the Residential Low-Density designation. Because no Comprehensive Plan Map
amendment is proposed, the existing Comprehensive Plan designation will remain
unchanged and will be implemented through the proposed City zoning district. Sufficient
planning and engineering information has been provided to evaluate the proposed zoning
designation, and there are no significant unresolved land use planning issues that would
preclude approval.
Statewide Planning Goal 10: Housing (Chapter 4)
Goal 1: Provide a variety of development and program opportunities that meet the
housing needs of all Albany’s citizens.
Goal 2: Create a city of diverse neighborhoods where residents can find and afford the
values they seek.
Policy 1: Ensure an adequate supply of residentially zoned land in areas accessible to
employment and public services.
Policy 2: Provide a variety of choices regarding type, location, density and cost of
housing units corresponding to the needs and means of city residents.
Policy 6: Encourage residential development on already serviced vacant residential
lots or in areas where services are available or can be economically provided.
Policy 7: Require residential densities to be commensurate with the availability and
adequacy of public facilities and services.

4.8

The proposed R-5 Residential District will maintain the property for residential use and
allow future housing development consistent with the Residential Low-Density
Comprehensive Plan Map designation. The property is located within the Urban Growth
Boundary and within the East Albany Plan area, where future urban residential
development is anticipated. Existing and anticipated urban services are available or can be
made available to serve future development, including sanitary sewer, water, storm
drainage, transportation facilities, police, and fire protection. The proposal supports the
City’s ability to accommodate residential growth within the Urban Growth Boundary in an
area planned for urban residential use.
Statewide Planning Goal 11: Public Facilities and Services (Chapter 6)
Goal 1: Provide for the orderly and efficient provision of public facilities and services to
accommodate planned growth.

4.9

Public facilities necessary to serve future development are available at or adjacent to the
subject property. City utility maps indicate the presence of an 8-inch public sanitary sewer
main along the Clover Ridge Road NE frontage and a 12-inch public sanitary sewer main at
the intersection of Windy Avenue NE and Hummingbird Street NE, southwest of the subject
property. Public water service is also available via a 12-inch public water main along the
Clover Ridge Road NE frontage and an 8-inch public water main along the Windy Avenue NE
frontage. In addition, public storm drainage facilities are available through a 15-inch public
storm drainage main along the Clover Ridge Road NE frontage and a 12-inch public storm
drainage main along the Windy Avenue NE frontage.

14

AN-01-26 et al Staff Report

4.10

October 28, 2026

Page 11 of 14

Future development will be required to extend and/or connect to public facilities and
construct any necessary improvements in accordance with City standards. Police and fire
protection services can be provided upon annexation. At the time of annexation, the
subject property will be removed from the Albany Rural Fire Protection District taxing
district and added to the Albany Fire District. Therefore, the proposed R-5 zoning is
consistent with Comprehensive Plan policies for public facilities and services.
Statewide Planning Goal 12: Transportation (Chapter 5)
Goal 1: Provide an efficient transportation system that provides for the local and
regional movement of people and goods.
Goal 2: Provide a safe transportation system.
Goal 3: Provide a diversified transportation system that ensures mobility for all
members of the community and provides alternatives to automobile travel.
Goal 4: Provide a transportation system that balances financial resources with
community livability and economic vitality.

4.11

The subject property has frontage on Clover Ridge Road NE and Windy Avenue NE.
According to Figure 7-4 of the Albany Transportation System Plan, Clover Ridge Road NE is
classified as a minor collector, and Windy Avenue NE is classified as a local street. These
streets provide access to the property and connect the site to the surrounding
transportation network.

4.12

No specific development is proposed with this annexation and zoning map amendment.
Future development will be reviewed for compliance with applicable City transportation
standards, including access, frontage improvements, right-of-way, pedestrian facilities,
and any other improvements required by the Albany Development Code and Transportation
System Plan. Any transportation improvements required will be secured at the time of
development. Therefore, the proposal is consistent with Comprehensive Plan
transportation goals and policies.
Statewide Planning Goal14: Urbanization (Chapter 8) To provide for an orderly and
efficient transition from rural to urban land use, to accommodate urban population
and urban employment inside urban growth boundaries, to ensure efficient use of
land, and to provide for livable communities.
Goal 1: Achieve stable land use growth which results in a desirable and efficient land
use pattern.
Policy 6: Require annexations to be logical and efficient extensions of city limit
boundaries to facilitate the economic provision of services.

4.13

The subject property is located within the Albany Urban Growth Boundary and is proposed
for annexation as an island annexation. Applying the R-5 Residential District upon
annexation will transition the property from Linn County urban growth area zoning to City
zoning and development standards. This supports orderly urbanization and allows future
development to be served by City services and reviewed under the Albany Development
Code.

4.14

The proposed R-5 zoning supports efficient use of land and infrastructure because the
property is in an area where public facilities and transportation facilities are available or
can be provided. Future residential development will be required to connect to available
public facilities and construct any necessary improvements at the time of development.
The proposal therefore supports a logical and efficient land use pattern, the economic

15

AN-01-26 et al Staff Report

October 28, 2026

Page 12 of 14

provision of public services, and the continued urbanization of land within the Urban
Growth Boundary.
4.15

The proposed R-5 Residential District implements the existing Residential Low-Density
Comprehensive Plan Map designation, is consistent with the East Albany Plan, supports
future housing within the Urban Growth Boundary, and allows development to occur under
City standards where public facilities and transportation access are available or can be
provided.

Conclusions
4.1

The intent and purpose of the proposed R-5 Residential District best satisfies the
applicable goals and policies of the Comprehensive Plan.

4.2

This criterion is satisfied.

Criterion 5

The land use and transportation pattern recommended in any applicable City-contracted or
funded land use or transportation plan, or study has been followed, unless the applicant
demonstrates good cause for the departure from the plan or study.

Findings of Fact and Conclusion
5.1

The applicable City-contracted or funded land use and transportation plans or studies
include the East Albany Plan and the Albany Transportation System Plan. The Albany
Comprehensive Plan also provides the adopted land use policy framework for the property,
although Comprehensive Plan consistency is addressed more directly under the preceding
criterion.

5.2

The subject property is located within the East Albany Plan area and is designated
Residential Low-Density on the Comprehensive Plan Map. The proposed R-5 Residential
District implements that designation and follows the planned residential land use pattern
for the property. No Comprehensive Plan Map amendment is proposed, and the application
does not propose a departure from the adopted land use pattern.

5.3

The subject property has frontage on Clover Ridge Road NE and Windy Avenue NE.
According to Figure 7-4 of the Albany Transportation System Plan, Clover Ridge Road NE is
classified as a minor collector, and Windy Avenue NE is classified as a local street. These
streets provide access to the property and connect the site to the surrounding
transportation network. The proposed R-5 zoning is consistent with the function of these
streets and the residential land use pattern planned for the area.

5.4

Zone changes are subject to the Transportation Planning Rule under OAR 660-012-0060.
Under OAR 660-012-0060(9), a local government may find that a zoning map amendment
does not significantly affect an existing or planned transportation facility when the
proposed zoning is consistent with the existing Comprehensive Plan Map designation, the
amendment does not change the Comprehensive Plan Map, the local government has an
acknowledged Transportation System Plan, and the zoning is consistent with the
Transportation System Plan.

5.5

The proposed R-5 zoning is consistent with the existing Residential Low-Density
Comprehensive Plan Map designation, and no Comprehensive Plan Map amendment is
proposed. The City has an adopted Transportation System Plan, and the proposed zoning is
consistent with the planned residential land use and transportation pattern for the area.
Therefore, the proposed zoning map amendment is not expected to significantly affect
existing or planned transportation facilities.

16

AN-01-26 et al Staff Report

October 28, 2026

Page 13 of 14

5.6

No specific development is proposed with the annexation and zoning map amendment.
Future development will be reviewed for compliance with applicable City standards,
including access spacing, frontage improvements, right-of-way dedication, pedestrian
facilities, utilities, stormwater management, and other improvements required by the
Albany Development Code, the Transportation System Plan, and applicable public facility
standards. If future development generates traffic above applicable City thresholds, a
traffic study or other transportation analysis may be required at the time of development
review.

5.7

The application follows the land use and transportation pattern recommended in the
applicable City plans and studies. No departure from an applicable City-contracted or
funded land use or transportation plan or study is proposed.

Conclusions
5.1

The proposed zoning map amendment follows the land use and transportation pattern
recommended in the applicable City plans and studies.

5.2

This criterion is satisfied.

Overall Conclusion

As proposed and conditioned, the applications for Annexation concurrent with a Zoning Map
Amendment satisfies all applicable review criteria outlined in this report.

Condition
Condition 1:

At the time of annexation, the subject property shall be removed from the taxing
district of the Albany Rural Fire Protection District (ARFPD) into the Albany Fire
District.

Options for the Planning Commission

The planning commission has three options with respect to the proposed annexation with zone
change:
Option 1:
Recommend the city council approve the request as proposed.
Option 2:
Recommend the city council approve the request with conditions; or
Option 3:
Recommend the city council deny the request.

Motion

Based on findings and conclusions presented in this report, staff recommend the planning
commission choose Option 2 and recommend approval of the annexation and zoning map
amendment as conditioned under Option 2. If the planning commission follows this
recommendation, the following motion is suggested:

I move that the planning commission recommend that the city council approve the land use
applications for annexation with concurrent rezone to R-5 under planning files AN-01-26 and
ZC-02-26, as described in the October 26, 2026, staff report as conditioned. This motion is
based on the findings and conclusions in the staff report and the findings in support of the
application made by the planning commission during deliberations on this matter.

Acronyms
ADC
ADT
AMC
AN

Albany Development Code
Average Daily Traffic
Albany Municipal Code
Annexation File Designation

17

AN-01-26 et al Staff Report

CP
DLCD
ITE
LOS
LUBA
OAR
ODOT
R-5
TPR
TSP
UGA-UGM
ZC

October 28, 2026

Page 14 of 14

Comprehensive Plan File Designation
Oregon Department of Land Conservation and Development
Institute of Transportation Engineers
Level of Service
Oregon Land Use Board of Appeals
Oregon Administrative Rules
Oregon Department of Transportation
Residential District
Transportation Planning Rule
Transportation Systems Plan
Urban Growth Area – Urban Growth Management (Linn Co.)
Zone Change File Designation

Attachments
A.
B.
C.

Location Map
Annexation Maps
Tax Lot Map

18

Attachment A

Location Map

Subject Property
450 Clover Ridge Road NE

19

JOHN DOW
3864 WINDY AVE NE
TAXLOT:11S03W04AB02800
0.14 ACRES

ZONE
R-6.5
ALBANY, OREGON

PROPOSED
ZONE R-5

ZONE
UGA-UGM-20

ZONE R-5
ZONE
R-5
MAP 1
2

215 NW 4th STREET
CORVALLIS, OR 97330
(541) 753-1320 FAX:(541) 753-5956

ENGINEERING CONSULTANTS
AND PLANNERS

ANNEXATION MAP

1650 NW Spring Meadow Dr
Corvallis, Oregon
(602) 296-5957

Beth Smith

ZONE
R-5

MSS INC SMITH 450 CLOVER RIDGE RD NE DEVELOPMENT

Attachment B.1

20

MAP 2
2

215 NW 4th STREET
CORVALLIS, OR 97330
(541) 753-1320 FAX:(541) 753-5956

ENGINEERING CONSULTANTS
AND PLANNERS

ALBANY, OREGON

ANNEXATION MAP

MSS INC SMITH 450 CLOVER RIDGE RD NE DEVELOPMENT

JOHN DOW
3864 WINDY AVE NE
TAXLOT:11S03W04AB02800
0.14 ACRES

Beth Smith
1650 NW Spring Meadow Dr
Corvallis, Oregon
(602) 296-5957

Attachment B.2

21

Attachment C

22

COMMUNITY DEVELOPMENT

333 Broadalbin Street SW, PO Box 490, Albany, Oregon 97321-0144 | BUILDING & PLANNING 541-917-7550

Staff Report
Street Vacations

File: VC-01-26

October 30, 2026

Hearing Information
Review Body:

Planning Commission

Hearing Date and Time: Monday, November 9, 2026, at 5:15 p.m.
Hearing Locations:

This hearing will be conducted at the Albany City Council Chambers
Virtual: At 5:15 p.m., join the meeting using the link below:
https://council.albanyoregon.gov/groups/plc/zoom
Phone: 1-253-215-8782; meeting ID: 837-8633-4863; passcode: 464432
In-Person: Appear in person at the meeting and register to speak using the
sign-up sheet.

Review Body:

City Council

Hearing Date and Time: Wednesday, December 16, 2026, at 6:00 p.m.
Hearing Location:

This hearing will be conducted at the Albany City Council Chambers
Virtual: To comment/testify, please email [email protected] with
your name, address, phone number, and if you are speaking for, against,
or neutral on the topic.
Watch Livestream at 6:00 p.m.: http://www.albanyoregon.gov/livestream
In-Person: Appear in person at the meeting and register to speak using the
sign-up

Summary

On May 6, 2024, the Albany City Council initiated the vacation of Thurston Street and Jefferson
Street public right of way north of Water Avenue.
The planning commission’s recommendation on the proposal will be presented to the city council,
who is the final decisionmaker on this request.
Staff recommend the planning commission make a recommendation to the city council to approve
the vacation of the right-of-way.

Application Information
File:

VC-01-26

Proposal:

City-initiated vacation of Thurston Street and Jefferson Street public
right of way north of Water Avenue.
albanyoregon.gov/cd
23

VC-01-26 Staff Report

October 30, 2026

Page 2 of 5

Review Body:

Planning Commission and City Council (Type IV-Q Review)

Staff Report Prepared By:

David Martineau, project planner

Applicant/Property Owner:

City of Albany, Aaron Hiemstra; PO Box 490; Albany, OR 97321; 541704-2325; [email protected]

Address/Location:

521, 655, & 703 Water Avenue NE

Map/Tax Lots:

Linn County Assessor’s Map No. 11S-03W-06DC Tax Lots 100, 6900,
6901, 7001, 7200

Zoning District:

Waterfront (WF)

Comp. Plan Map Designation: Village Center & Open Space
Total Land Area

31,000 square feet

Existing Land Use:

Undeveloped Right-of-Way

Review Process and Appeals
The proposed vacation is processed through a Type IV quasi-judicial land use review process. The
planning commission will hold a public hearing to consider the proposed vacation and will make a
recommendation to the city council. The city council will hold a subsequent public hearing to
consider the proposed vacation. After closing the public hearing, the city council will deliberate
and make a final decision.
Within five days of the city council’s final decision on this application, the community development
director will provide written notice of decision to the applicant and any other parties entitled to
notice. The city council’s decision may be appealed to the Oregon Land Use Board of Appeals
(LUBA) if a person with standing files a notice of intent to appeal not later than 21 days after the
notice of decision is mailed (Albany Development Code (ADC) 1.250).

Public Notice
A public notice was mailed to surrounding property owners within 200 or 400 feet of the subject
portion of right-of-way on October 19, 2026, in accordance with Oregon Revised Statutes (ORS) 271
and ADC 1.250. A public notice was posted on the portions of right-of-way to be vacated by
November 2, 2026, in accordance with ADC 1.250(4). Notice of the public hearing was published in
the Albany Democrat-Herald on October 27, 2026, and November 3, 2026, in accordance with ADC
1.250(4).
The staff report for the proposed vacation was posted on the City’s website on November 2, 2026,
at least seven days before the first evidentiary public hearing. At the time this report was published,
the Albany Planning Division had received no written comments.

Analysis of Development Code Criteria
The Albany Development Code (ADC or Code) includes the following review criteria, which must be
met for this application to be approved. Code criteria are written in bold followed by findings,
conclusions, and conditions of approval where conditions are necessary to meet the review
criteria.

Vacation Review Criteria
Criterion 1

The requested vacation is consistent with relevant Comprehensive Plan policies and
with any street plan city transportation or public facility plan.

24

VC-01-26 Staff Report

October 30, 2026

Page 3 of 5

Findings of Fact
1.1

The Albany Transportation System Plan has the Thurston Street Canal Pedestrian
Esplanade (P11) located along Thurston Street. The esplanade is an open canal with multiuse paths along both sides of the canal. The northern segment of the esplanade terminates
at the Dave Clark Path. The open channel portion of the esplanade is not feasible north of
Water Avenue due to the rail crossing and existing access to an adjacent business. The
existing rail crossing provided for pedestrian access along the west side of the Thurston
Steet across Water Avenue. The city will retain a public access easement over the vacated
right-of-way to allow for pedestrian amenities to be constructed from the rail crossing to
the Dave Clark Path. ODOT Rail forced the closure of Jefferson Street rail crossing as part of
the Waterfront Project.

1.2

Thurston Street and Jefferson Street are “paper” streets that are not improved to City
standards and lack right-of-way to be constructed to City standards. The right-of-way
currently only provides driveway access to adjacent properties

1.3

Thurston Street has a public storm drainage pipe with outfall and Jefferson Street has a
public sanitary sewer main. A public utility easement will be retained to maintain access for
maintenance.

1.4

The adopted Comprehensive Plan has the Thurston Street canal designated as Open
Space. This is consistent with the open channels within Albany for creeks and the AlbanySantiam Canal. The open channel along Thurston Street terminates at 2nd Avenue when it
goes into an inlet and goes under Thruston Street. The canal north of 2nd Avenue was
covered prior to 1963 (aerial map) and the comprehensive plan adoption and has been
used for access to these properties since at least 1948 (aerial map).

Conclusions
1.1

Vacating these right-of-ways are consistent with the Open Space along the open canal on
Thruston in the Comprehensive Plan, Albany Transportation System Plan and Utility Master
Plans.

1.2

This criterion is met.

Criterion 2

The requested vacation will not have a negative effect on access between public
rights-of-way or to existing properties, potential lots, public facilities or utilities.
Findings of Fact
2.1

A public access easement will be retained over Thurston Street to allow all adjacent parcels
access to Water Avenue and pedestrian access to Dave Clark Path. All existing properties in
the area will have access to an existing improved street.

2.2

A public access easement will be retained over Jeferson Street to allow for interconnection
between developable properties that cannot access Water Avenue from Jefferson Street.
Public utility easements will be retained over the public utilities within Thurston Street and
Jefferson Street.

Conclusions
2.1

All adjacent properties currently have access to public streets.

2.2

Access will be maintained by retaining public access easements over the vacated right-ofways. This will allow the city to still require a pedestrian connection from the Thurston
Street Canal Pedestrian Esplanade (P11) to the Dave Clark Path.

2.3

Retaining utility easements will maintain the City’s ability to maintain public utilities.

2.4

This criterion is satisfied.
25

VC-01-26 Staff Report

October 30, 2026

Page 4 of 5

Criterion 3

The requested vacation will not have a negative effect on traffic circulation or
emergency service protection.
Findings of Fact
3.1

The right-of-ways proposed to be vacated will be replaced by public access easements.
This will ensure existing businesses have emergency access.

Conclusion
3.1

There will be no negative effect on traffic circulation or emergency service protection due to
vacating these right-of-ways.

3.2

This criterion is satisfied without conditions.

Criterion 4

The portion of the right-of-way that is to be vacated will be brought into compliance
with Code requirements, such as landscaping, driveway access, and reconstruction
of access for fire safety.
Findings of Fact
4.1

The current Thurston Street right-of-way is unpaved, and the adjacent rail crossing was
improved to ODOT standards with the Waterfront Project. The rail crossing will remain
within the public right-of-way.

4.2

Future development will be able to improve the access north of the rail crossing with future
development without having to obtain an ODOT crossing order. The future improvements to
Thurston Street would include a pedestrian connection to Dave Clark Path. Improvements
would match Jackson Street that was vacated in 2008.

4.3

Jefferson Street right-of-way is unimproved and does not have a rail crossing to provide
access to Water Avenue. ODOT rail removed this rail crossing with the last crossing order
along Water Avenue.

Conclusions
4.1

The vacated Jefferson Street and Thurston Street right-of-ways will be in compliance with
the Development Code and improved as adjacent parcels redevelop.

4.2

This criterion is satisfied without conditions.

Criterion 5

The public interest, present and future, will be best served by approval of the
proposed vacation.
Findings of Fact
5.1

The vacated Thurston Street and Jefferson Street right-of-ways will be converted into public
access easements and utility easements. It is in the public’s interest to have this right-ofway converted into a public access easement instead of a public road.

5.2

Jefferson Street would not be able to be improved due to inability to obtain a rail crossing at
this location. Thurston Street, as a public road, would need to be maintained by the city and
additional right-of-way would need to be acquired for proper termination of a dead-end
street. A cul-de-sac or hammerhead would be required to be constructed to allow for
vehicle turnaround according to Albany Development Code.

5.3

Other right-of-ways north of Water Avenue have also been vacated such as Railroad Street
and Jackson Street. This vacation would be consistent with other vacations the city has
approved.

Conclusion
5.1

This criterion is satisfied without conditions.
26

VC-01-26 Staff Report

October 30, 2026

Page 5 of 5

Overall Conclusion

As proposed, the application for right-of-way vacations satisfies all applicable review criteria as
outlined in this report.

Attachments

A. Location Map
B. Jefferson Street Legal Description
C. Thurston Street Legal Description
D. Applicant’s Findings

Acronyms
ADC
AMC
FEMA
FIRM
TSP
VC
WF

Albany Development Code
Albany Municipal Code
Federal Emergency Management Agency
Floodplain Insurance Rate Map
Transportation Systems Plan
Vacation File Designation
Waterfront Zoning District

27

Attachment A

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A;B?C

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SWW

YVX

YXX

YWX

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WSX
WVX

DEFFEGHIJKLM

1234567367 357663669

XST

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28

Attachment B.1

29

Attachment B.2

30

Attachment C.1

31

Attachment C.2

32

Attachment D.1

Jefferson Street and Thurston Street- Vacation Review Criteria
(1) The requested vacation is consistent with relevant Comprehensive Plan policies and
with any street plan city transportation or public facility plan.
Fact: The Albany Transportation System Plan has the Thurston Street Canal Pedestrian
Esplanade (P11) located along Thruston Street. The esplanade is an open canal with multi-use
paths along both sides of the canal. The northern segment of the esplanade terminates at the
Dave Clark Path. The open channel portion of the esplanade is not feasible north of Water
Avenue due to the rail crossing and existing access to an adjacent business. The existing rail
crossing provided for pedestrian access along the west side of the Thurston Steet across Water
Avenue. The city will retain a public access easement over the vacated right-of-way to allow for
pedestrian amenities to be constructed from the rail crossing to the Dave Clark Path. ODOT Rail
forced the closure of Jefferson Street rail crossing as part of the Waterfront Project.
Thurston Street and Jefferson Street are “paper” streets that are not improved to City standards
and lack right-of-way to be constructed to City standards. The right-of-way currently only
provides driveway access to adjacent properties
Thurston Street has a public storm drainage pipe with outfall and Jefferson Street has a public
sanitary sewer main. A public utility easement will be retained to maintain access for
maintenance.
The adopted Comprehensive Plan has the Thurston Street canal designated as Open Space.
This is consistent with the open channels within Albany for creeks and the Albany-Santiam
Canal. The open channel along Thurston Street terminates at 2nd Avenue when it goes into an
inlet and goes under Thruston Street. The canal north of 2nd Avenue was covered prior to 1963
(aerial map) and the comprehensive plan adoption and has been used for access to these
properties since at least 1948 (aerial map).
Conclusion: Vacating these right-of-ways are consistent with the Open Space along the open
canal on Thruston in the Comprehensive Plan, Albany Transportation System Plan and Utility
Master Plans.
(2) The requested vacation will not have a negative effect on access between public
rights-of-way or to existing properties, potential lots, public facilities or utilities.
Fact: A public access easement will be retained over Thurston Street to allow all adjacent
parcels access to Water Avenue and pedestrian access to Dave Clark Path. All existing
properties in the area will have access to an existing improved street. A public access
easement will be retained over Jeferson to allow for interconnection between developable
properties that cannot access Water Avenue from Jefferson Street. Public utility easements will
be retained over the public utilities within Thurston Street and Jefferson Street.
Conclusion: All adjacent properties currently have access to public streets. That access will be
maintained by retaining public access easements over the vacated right-of-ways. This will allow
the city to still require a pedestrian connection from Thurston Street Canal Pedestrian
Esplanade (P11) to the Dave Clark Path. Retaining utility easements will maintain the City’s
ability to maintain public utilities.

33

Attachment D.2

(3) The requested vacation will not have a negative effect on traffic circulation or
emergency service protection.
Fact: The right-of-ways proposed to be vacated will be replaced by public access easements.
This will ensure existing businesses have emergency access.
Conclusion: There will be no negative effect on traffic circulation or emergency service
protection due to vacating these right-of-ways.
(4) The portion of the right-of-way that is to be vacated will be brought into compliance
with Code requirements, such as landscaping, driveway access, and reconstruction
of access for fire safety.
Fact: The current Thurston Street right-of-way is unpaved, and the adjacent rail crossing was
improved to ODOT standards with the Waterfront Project. The rail crossing will remain within the
public right-of-way. Future development will be able to improve the access north of the rail
crossing with future development without having to obtain an ODOT crossing order. The future
improvements to Thurston Street would include a pedestrian connection to Dave Clark Path.
Improvements would match Jackson Street that was vacated in 2008.
Jefferson Street right-of-way is unimproved and does not have a rail crossing to provide access
to Water Avenue. ODOT rail removed this rail crossing with the last crossing order along Water
Avenue.
Conclusion: The vacated Jefferson Street and Thurston Street right-of-way will be in compliance
with the Development Code and improved as adjacent parcels redevelop.
(5) The public interest, present and future, will be best served by approval of the
proposed vacation.
Fact: The vacated Thurston Street and Jefferson Street right-of-ways will be converted into a
public access easement and utility easement. It is in the public’s interest to have this right-ofway converted into a public access easement instead of a public road. Jefferson Street would
not be able to be improved due to inability to obtain a rail crossing at this location. Thurston
Street, as a public road, would need to be maintained by the city and additional right-of-way
would need to be acquired for proper termination of a dead-end street. A cul-de-sac or
hammerhead would be required to be constructed to allow for vehicle turnaround according to
Albany Development Code. Other right-of-ways north of Water Avenue have also been vacated
such as Railroad Street and Jackson Street. This vacation would be consistent with other
vacations the city has approved.

Properties to which the vacated area will be transferred
The properties that the vacated area will revert to are Linn County Assessor Tax Lots 11S-03W06DC- 00100, 06900, and 06901, 07001 and 07002.

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