TO: Mayor and City Council
THROUGH: Krishna Namburi, Interim City Manager
FROM: Kristin Retherford, Director, Community Planning and Development Department
SUBJECT:
title
Ordinance Bill No. 7-25 amending Salem Revised Code Chapter 200 and 803 relating to right-of-way dedications within the City of Salem.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Safe, Reliable and Efficient Infrastructure
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SUMMARY:
summary
Ordinance Bill 7-25 (Attachment A) will amend Salem Revised Code (SRC) Chapter 200 to clarify the process for accepting property, easements, and public right-of-way that is encumbered. The Ordinance Bill (Attachment A) also amends Chapter 803 to clarify how right-of-way is created and the mechanism used to receive and dedicate that right-of-way for public use.
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ISSUE:
Shall City Council conduct first reading of Ordinance Bill No. 7-25 Amending Salem Revised Code Chapters 200 (Urban Growth Management) and 803 (Street and Right-of-way Improvements) to address right-of-way dedications within the City of Salem and advance it to second reading?
RECOMMENDATION:
recommendation
Conduct first reading of Ordinance Bill No. 7-25 Amending Salem Revised Code Chapters 200 (Urban Growth Management) and 803 (Street and Right-of-way Improvements)to address right-of-way dedications within the City of Salem and advance it to second reading.
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FACTS AND FINDINGS:
Procedural Findings
1. Pursuant to SRC 300.1110(a)(2), the Planning Commission may initiate a legislative land use proceeding by the adoption of a resolution referring the matter to public hearing for review and recommendation to the City Council.
On March 4, 2025, the proposed code amendments were initiated by the Planning Commission with the adoption of PC Resolution No. 25-01.
2. ORS 197.610 and OAR 660-018-0020 require that notice be provided to the Department of Land Conservation and Development (DLCD) on any proposed amendment to a local land use regulation at least 35 days prior to the first public hearing. Notice to DLCD was submitted on March 6, 2025, prior to the Planning Commission public hearing.
3. Public notice, as required under SRC 300.1110(e)(1)(A), was mailed March 17, 2025, and public notice was published in the newspaper, as required under SRC 300.1110(e)(2), on April 1, 2025, and April 13, 2025, in advance of the Planning Commission public hearing.
4. The public hearing on the proposed code amendment was was held on April 15, 2025 before the Planning Commission. The Planning Commission favorably recommended the Council accept the ordinance for first reading (Attachment 3).
Substantive Findings
In order for a code amendment to be approved, the City Council must find that they comply with the applicable approval criteria. SRC 110.085(b) establishes the approval criteria applicable to amendments to the Unified Development Code (UDC).
Findings demonstrating the proposal’s conformance with the applicable approval criteria are included in Ordinance Bill No. 7-25 (Attachment 1).
Proposed Code Amendments
The proposed code amendments within the Ordinance Bill (Attachment 1) are generally summarized below. The proposed text of the amendments is included as Exhibit A of the Ordinance Bill (Attachment 2).
1. SRC 200.050(d) is amended to clarify the process for accepting encumbered property, easements, or right-of-way.
The current code prohibits the City from accepting property, easements or right-of-way which are subject to liens or other encumbrances, unless an adjustment to the section is approved. For example, if right-of-way dedication is required for a new roadway being built as a condition of development and the affected property is already encumbered by an access easement, the current code requires the property owner to quitclaim the easement before the right-of-way can be dedicated.
The proposed amendments eliminate the requirement to obtain an adjustment and allow the City to accept encumbered property when the easement holder consents in writing and the encumbrance does not prevent the City’s planned use of the property. The expectation is that a good faith effort would be made by the applicant to eliminate the encumbrance; however, these amendments will make the exception process easier.
2. SRC 803.060 is amended to allow right-of-way to be received by the city and dedicated to the public by either plat or a deed of dedication.
The current code requires right-of-way to be dedicated to the City by a plat. Currently, if there is no platting action associated with a street improvement project, the needed right-of-way is acquired by warranty deed, and then the City Surveyor, through the City Engineer, will request at a City Council meeting that Council adopt a resolution to dedicate the new right-of-way to the public for its use and benefit. The resolution is then recorded with the County Clerk. This process perpetuates a Public Works departmental policy from 1979. The process is time-consuming, and inefficient and poses problems related to land division and current state law.
By codifying the use of a deed of dedication to receive right-of-way and simultaneously dedicating the right-of-way to the public for its use and benefit, we free up the time and resources of multiple City staff and City Council. It updates a standard of practice that has not been revised in the City since 1979. It mimics current County right-of-way acquisition and dedication processes and conforms with state law. The proposed amendment will also simplify the process for landowners and developers.
Public Testimony
Prior to the Planning Commission public hearing, one public comment was received and can be found in in the record. The public comment supports the amendment, however; requests that Section 803.060 be amended to include an exemption to allow the City to accept encumbered property as right-of-way, in some circumstances. The code amendment includes changes to Section 200.050, which includes an exemption process for the City to accept encumbered right-of-way. To address these comments, Staff has modified the proposed amendment to SRC 803.060 to point to the exemption process in Section 200.050. This language is included in the proposed amendments included in Exhibit A of the Ordinance Bill (Attachment 2).
BACKGROUND:
The proposed amendment to Chapter 200 will clarify the process for accepting property, easements, and public right-of-way that is encumbered. The proposed amendment to Chapter 803 will clarify how right-of-way is created and the mechanism used to receive and dedicate that right-of-way for public use.
ALTERNATIVES
City Council may:
A. Set a public hearing before the City Council on the ordinance bill;
B. Advance the ordinance bill to second reading for enactment without a public hearing;
C. Refer the proposal back to the Planning Commission for further deliberation; or
D. Decline to hold a public hearing or advance the ordinance bill to second reading.
Laurel Christian
Infrastructure Planner III
Attachments:
1. Ordinance Bill No. 7-25
2. Exhibit A to Ordinance Bill No. 7-25
3. Planning Commission Notice of Recommendation