TO: Mayor and City Council
THROUGH: Krishna Namburi, City Manager
FROM: Brian D. Martin, PE, Public Works Director
SUBJECT:
title
Public hearing to consider a Class 2 vacation in the vicinity of Landaggard Drive NW.
Ward(s): 8
Councilor(s): Varney
Neighborhood(s): West Salem Neighborhood Association
Result Area(s): Safe, Reliable, and Efficient Infrastructure
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SUMMARY:
summary
City Council initiated the vacation of redundant right-of-way in the vicinity of Landaggard Drive NW, north of Orchard Heights Road NW, with adoption of Resolution 2025-32. Vacating this area does not affect the underlying platted right-of-way for Landaggard Drive NW. Vacation of this right-of-way is a condition of a land-use approval for the Titan Hill development located north of Orchard Heights Road NW and west of Doaks Ferry Road NW.
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ISSUE:
Shall City Council approve the vacation of right-of-way as described in Resolution 2025-32?
RECOMMENDATION:
recommendation
Approve the vacation of right-of-way as described in Resolution 2025-32.
body
FACTS AND FINDINGS:
The City Council may initiate a right-of-way vacation proceeding per Oregon Revised Statute 271.130. The Salem Revised Code (SRC) 255.065(b)(1)(B) establishes that a vacation initiated by the City is a Class 2 Vacation. A Class 2 Vacation is initiated by resolution of the City Council.
Resolution 2025-32 (Attachment 1) initiating this vacation was adopted by Council on December 8, 2025.
The right-of-way proposed for vacation was created in 1951 when the property was outside city limits. In 1953, while still outside city limits, a plat was recorded that created the right-of-way for Landaggard Drive NW in its current alignment. The properties abutting Landaggard Drive NW were annexed into the City of Salem between 2007 and 2012. The 1951 right-of-way underlies the platted right-of-way and is redundant, except for a portion that deviates from the platted right-of-way near the northern terminus of Landaggard Drive NW. Vacating this northeast segment is a condition of approval for the Titan Hill development (SUB-UGA-SPR-ADJ-TRV-DR23-02).
If approved, this vacation will remove the redundant layer of right-of-way while preserving the platted right-of-way for Landaggard Drive NW. The northeast section that deviates from the platted right-of-way for Landaggard Drive NW is approximately 87 feet by 50 feet, totally roughly 6,000 square feet. In the findings below, this area is referred to as the “northeast section” to differentiate it from the remainder of Landaggard Drive NW (Attachment 2).
Notice of the proposed vacation was sent to all potentially affected public utilities. Public utilities that exist within this right-of-way will be able to continue serving this area within the platted right-of-way for Landaggard Drive NW. The City received no requests for utility easements beyond what will remain after the proposed vacation.
Approval Criteria
The Salem Transportation System Plan (Salem TSP) establishes the goals, policies, and objectives for planning, development, and operation of its street system. SRC 255.065(b)(6) implements these goals, policies, and objectives by establishing the criteria for approving the vacation of public right-of-way. The eight criteria are listed below along with findings that detail how each criterion is met.
(A) The area proposed to be vacated is not presently, or will not in the future be needed for public services, facilities, or utilities;
FINDING:
Area within platted right-of-way for Landaggard Drive NW: Vacating the underlying right-of-way will not impact the ability to provide public services, facilities, or utilities since the platted right-of-way for Landaggard Drive NW will remain.
Northeast section: This portion of the proposed vacation area is not currently needed for public services, facilities, or utilities and will not be needed in the future for such uses. This area does not currently function as part of the transportation network. This portion of the proposed vacation intersects with Landaggard Drive NW at a 47-degree angle. The City’s engineering design standards require intersections to be at a 90-degree angle with allowances of up to 5 degrees if an adjustment is granted. This right-of-way would not meet the City’s street standards for a future road connection.
While non-public access unrelated to the use of the right-of-way is outside the scope of the criterion, access to 2090 Landaggard Drive NW (TL 1100, T7S, R3W, Section 17B) retains private access through an access easement of record. Such private access is not affected by this vacation proposal. The location of the private access easement in comparison to the northeast section of the vacation proposal is illustrated in Attachment 2.
The proposed vacation complies with this criterion.
(B) The vacation does not prevent the extension of, or the retention of public services, facilities, or utilities;
FINDING:
Area within platted right-of-way for Landaggard Drive NW: Vacating the underlying right-of-way will not prevent the extension of, or the retention of public services, facilities, or utilities since the platted right-of-way for Landaggard Drive NW will remain.
Northeast section: As part of prior approvals, the Community Planning and Development Department, Development Services Section reviewed the proposed Titan Hill development and submitted comments. The Titan Hill development will receive sanitary sewer service as a part of the Doaks Ferry Sanitary Sewer Extension Project. The site will be serviced by a 12-inch waterline that will be extended from Orchard Heights Road NW. Stormwater facilities will be constructed pursuant to Chapter 71 of the SRC and Public Works Design Standards. Additionally, there will be an extension of a public sewer main within the new internal streets to serve the Titan Hill development and neighboring property.
As a condition of approval of the final plat, the Titan Hill development is to convey a half-width right-of-way of 48-feet on the development side of Doaks Ferry Road NW to accommodate public infrastructure. The Titan Hill development will construct a half-street improvement along Doaks Ferry Road NW to interim minor arterial street standards. Furthermore, the Titan Hill development will dedicate a 10-foot public utility easement along the street frontage of all internal streets and along Doaks Ferry Road NW as well as a public utility easement along the Lot 6 frontages of Doaks Ferry Road NW and Orchard Heights Road NW.
The northeast section of the proposed vacation area intersects with Landaggard Drive NW at a 47-degree angle. The City’s engineering design standards require intersections to be at a 90-degree angle with allowances of up to 5 degrees if an adjustment is granted. This right-of-way would not meet the City’s street standards for a future road connection.
Landaggard Drive NW will be extended as part of the Titan Hill development, including dedication of road right-of-way to the City and construction of the road extension. Street connectivity will be provided through an intersection of newly dedicated and constructed local streets (Street A and Street B) as depicted on the approved site plan. The new streets will provide direct access to Doaks Ferry Road NW. This portion of the proposed right-of-way vacation is not necessary for the proposed public street dedication and construction and supersedes the existing right-of-way as unnecessary for future development.
The proposed vacation complies with this criterion.
(C) Public services, facilities, or utilities can be extended in an orderly and efficient manner in an alternate location;
FINDING:
Area within platted right-of-way for Landaggard Drive NW: Vacating the underlying right-of-way will not prevent the extension of public services, facilities, or utilities since the platted right-of-way for Landaggard Drive NW will remain.
Northeast section: As laid out above, streets, public services, facilities, and utilities will be extended in an orderly and efficient manner that does not require use of this portion of the proposed vacation area.
The proposed vacation complies with this criterion.
(D) The vacation does not impede the future best use, development of, or access to abutting property;
FINDING:
Area within platted right-of-way for Landaggard Drive NW: Vacating the underlying right-of-way will not prevent the future best use, development of, or access to abutting property since the platted right-of-way for Landaggard Drive NW will remain.
Northeast section: This portion of the proposed vacation area does not currently function as part of the transportation network. The abutting properties are currently developed and accessible either directly adjacent to existing Landaggard Dr NW or via a private access easement, which is not affected by this proposed right-of-way vacation.
The proposed vacation complies with this criterion.
(E) The vacation does not conflict with provisions of the Unified Development Code, including the street connectivity standards and block lengths;
FINDING:
Area within platted right-of-way for Landaggard Drive NW: Vacating the underlying right-of-way does not conflict with provisions of the Unified Development Code, including the street connectivity standards and block lengths, since the platted right-of-way for Landaggard Drive NW will remain.
Northeast section: The proposed vacation does not conflict with the provisions of the Unified Development Code, including street connectivity standards. This section of the proposed vacation area intersects with Landaggard Drive NW at a 47-degree angle. The City’s engineering design standards require intersections to be at a 90-degree angle with allowances of up to 5 degrees if an adjustment is granted. It is not part of an existing or planned street. This right-of-way would not meet the City’s street standards for a future road connection.
Landaggard Drive NW will be extended north and developed with street connectivity that was reviewed and approved as designed in the prior approvals as conforming to the City’s standards as adjusted therein. The existing easement providing access to Tax Lot 1100 will remain in place.
The proposed vacation complies with this criterion.
(F) All required consents have been obtained;
FINDING: Vacations following ORS 271.080-271.130 and the SRC 255.065 Class 2 proceedings do not require the consent of abutting property owners if the proposed vacation of right-of-way will not substantially affect the market value of the abutting property such that it will lower the market value of the abutting property. City-initiated vacations do not require the consent of owners of property within the “Affected Area;” however, vacations may not be approved if the majority of the affected owners, as computed on the basis provided in ORS 271.080, object in writing to the vacation.
Area within platted right-of-way for Landaggard Drive NW: As the vacated right-of-way in this area underlies platted right-of-way that will remain, the vacation of this right-of-way will not substantially affect the market value of any surrounding property.
Northeast section: As this portion of the vacated right-of-way is not developed and is not needed for any current or future development, the vacation of right-of-way will not substantially affect the market value of any surrounding property.
No letters have been received from abutting or affected property owners regarding the proposed vacation.
The proposed vacation complies with this criterion.
(G) Notices required by ORS 271.080-271.130 have been duly given;
FINDING: Notice of Public Hearing was provided as required by ORS 271.080-271.130. Notice was posted at the site on December 29, 2025, and published in the Salem Reporter on December 29, 2025, and January 5, 2026. A courtesy notice of the public hearing was also mailed to property owners along Landaggard Drive NW on December 23, 2025.
The vacation complies with this criterion.
(H) The public interest would not be prejudiced by the vacation;
FINDING:
Area within platted right-of-way for Landaggard Drive NW: The proposed vacation supports the public interest by eliminating redundant right-of-way. The public interest will not be prejudiced by the vacation since the platted right-of-way for Landaggard Drive NW will remain.
Northeast section: The proposed vacation is consistent with the SRC and the Salem Transportation System Plan. The proposed vacation supports the public interest by allowing for development of currently under-utilized property and supporting the creation of vital housing for the City.
The vacation complies with this criterion.
BACKGROUND:
The vacation of the right-of-way in the vicinity of Landaggard Drive NW is a condition of approval for the Titan Hill development (SUB-UGA-SPR-ADJ-TRV-DR23-02). The right-of-way in this area was dedicated twice, resulting in redundant layers of right-of-way. This vacation will remove the redundant layer of right-of-way while preserving the platted right-of-way for most of Landaggard Drive NW. The platted right-of-way ensures that all but a small portion at the northeast corner of Landaggard Drive NW, where the existing right-of-way turns east, will remain public right-of-way. This northeast section is not necessary for public circulation or transportation purposes and does not serve a functional role in the transportation network.
Vacating the redundant right-of-way will satisfy conditions of approval for the Titan Hill development, without inhibiting future transportation or utility needs.
Robert D. Chandler, PhD, PE
Assistant Public Works Director
Attachments:
1. Resolution 2025-32
2. Northeast Section of Vacation Proposal