TO: Mayor and City Council
THROUGH: Krishna Namburi, City Manager
FROM: Kristin Retherford, Community Planning and Development Director
SUBJECT:
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Annexation of an approximate 48.02-acre territory, including public street right-of-way, located at 3741 Langley Street SE and the 3700 to 3800 Blocks of Langley Street SE and Timbet Drive SE.
Ward(s): Ward 3
Councilor(s): Matthews
Neighborhood(s): Southeast Mill Creek Association
Result Area(s): Welcoming and Livable Community
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SUMMARY:
summary
Annexation of an approximate 48.02-acre territory, including public street right-of-way, located at 3741 Langley Street SE and the 3700 to 3800 Blocks of Langley Street SE and Timbet Drive SE.
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ISSUE:
Shall City Council approve the annexation of the territory located at 3741 Langley Street SE and the 3700 to 3800 Blocks of Langley Street SE and Timbet Drive SE, including application of IP (Industrial Park) zoning and withdrawal from the Turner Rural Fire Protection District, and advance to first reading?
RECOMMENDATION:
recommendation
Approve the annexation of the territory located at 3741 Langley Street SE and the 3700 to 3800 Blocks of Langley Street SE and Timbet Drive SE, including application of IP (Industrial Park) zoning and withdrawal from the Turner Rural Fire Protection District, and advance to first reading.
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FACTS AND FINDINGS:
1. Proposal
The annexation application, submitted by the applicant, Mohnish Narlanka, of Scannell Development Corporation, on behalf of the property owner, Good Seedz, LLC, requests annexation of an approximate 48.02-acre territory located at 3741 Langley Street SE and the 3700 to 3800 Blocks of Langley Street SE and Timbet Drive SE (Marion County Assessor Map and Tax Lot Nos.: 082W18B002200, 082W18CB00100, 082W18CA00700, 082W18CA00800, and 082W18CA00900). A vicinity map identifying the location of the territory is included as Attachment 1. The territory proposed for annexation totals approximately 48.02 acres, of which approximately 5.54 acres are located within the adjacent public street rights-of-way of Langley Street SE, Timbet Drive SE, and Eastland Avenue SE. The map and legal description identifying the territory proposed for annexation are included in Attachment 2.
Under SRC 260.030, when land is annexed it is automatically given zoning designations that are equivalent to, and implement, its current Salem Area Comprehensive Plan designation, unless the petitioner or City Council propose a different Comprehensive Plan or zoning designation. In this case, the petitioners have not requested a different Comprehensive Plan or zoning designation to be applied to the property; therefore, pursuant to SRC Table 260-1, the IP (Industrial Park) zone will be applied to the territory upon annexation based on its current Industrial designation under the Salem Area Comprehensive Plan.
The property is currently served by the Turner Rural Fire Protection District and the Santiam Water Control District. The territory will be withdrawn from the Turner Rural Fire Protection District upon annexation; the City will provide this service.
2. Summary of Record
The following items are submitted to the record and are available: 1) All materials submitted by the applicant, including any applicable professional studies such as traffic impact analysis, geologic assessments, and stormwater reports; 2) Any materials, testimony, and comments from public agencies, City Departments, neighborhood associations, and the public; and 3) All documents referenced in this report.
All application materials are available on the City’s online Permit Application Center at <https://permits.cityofsalem.net>. You can use the search function without registering and enter the permit number listed here: 25 104616.
3. Notice
Mailed Notice: Pursuant to SRC 300.620(b)(2)(A), mailed notice was provided as required on November 10, 2025.
Posted Notice: Pursuant to SRC 300.620(b)(3)(B), notice of the annexation was posted on the subject property, in the Salem Public Library, the west Salem branch of the Public Library, and at the City’s Permit Application Center at 440 Church Street SE.
Newspaper Notice: Pursuant to SRC 300.620(b)(4), notice of the annexation was published in the Salem Reporter on November 19, 2025, and November 26, 2025.
Notice to Potential Enclaved Property: Pursuant to SRC 300.620(b)(2)(B)(v), mailed notice is required to all property owners whose property would become an enclave as a result of the annexation. The proposed annexation will result in the creation of an enclave containing five properties. Mailed notice to the owners of these properties was provided as required on June 23, 2025.
4. Neighborhood Association and Public Comments
Neighborhood Association Comment: The subject property is located within the boundaries of the Southeast Mill Creek Association (SEMCA) neighborhood association. Notice was provided, pursuant to SRC 300.620(b)(2)(B)(vii), to the neighborhood association. As of the date of completion of this staff report, no comments have been received from the neighborhood association.
Homeowners’ Association: SRC 300.620(b)(2)(B)(vi) requires notice to be provided to any active and duly incorporated Homeowners’ Association (HOA) applicable to the property. The subject property is not located within a Homeowners’ Association.
Public Comment: Notice was provided, pursuant to SRC 300.620(b)(2)(B)(viii) & (ix), to all property owners and tenants within 250 feet of the subject property. As of the date of completion of this staff report, no comments have been received.
5. City Department Comments
There were no concerns indicated by City Departments.
Community Planning and Development Department - Development Services Division: The Development Services Division reviewed the proposal and provided comments pertaining to City infrastructure required to serve the property (Attachment 3). The Development Services Division indicates, in summary, that the property is located outside the City’s Urban Service Area and will require an Urban Growth Preliminary Declaration and Urban Growth Area (UGA) Development Permit at the time of future development in order to provide required linking and boundary public facilities to serve the subject property.
Fire Department: The Salem Fire Department reviewed the proposal and indicated that the estimated response time to this location is approximately five minutes and 50 seconds from receipt of call. Primary fire protection and EMS services would be provided from Fire Station No. 09, located at 5080 Battle Creek Road SE. Secondary emergency response would be from Fire Station No. 06, located at 2740 25th Street SE.
The territory will be withdrawn from the Turner Rural Fire Protection District upon annexation.
Police Department: The Police Department received notice of the proposal and submitted no comments.
Finance Department: The Finance Department reviewed the proposal and provided comments regarding property tax limits, rates, and other information related to the financial impacts of annexation (Attachment 4).
6. Public Agency Comments
As of the date of completion of this staff report, no comments have been received from public agencies.
7. Voter Approval
Pursuant to SRC 260.010(d)(2), voter approval is not required if the annexation request meets one of the following criteria:
(A) The annexation is being made pursuant to an annexation agreement effective prior to May 16, 2000;
(B) The annexation is necessitated by a failing septic system or health hazard; or
(C) The annexation, notwithstanding the Salem City Charter, complies with all of the following requirements:
(i) The annexation petition request is signed by all owners of the property proposed to be annexed;
(ii) The territory proposed for annexation is within the urban growth boundary;
(iii) The territory proposed for annexation is subject to an acknowledge comprehensive plan upon annexation; and
(iv) At least one lot within the territory proposed for annexation is contiguous to the City limits.
Finding: The proposed annexation is exempt from voter approval pursuant to SRC 260.010(d)(2)(C)(i)-(iv). The territory proposed for annexation includes five tax lots owned by Good Seedz, LLC. All of the members of the company have signed the required annexation petition. The property is located within the Salem Urban Growth Boundary and subject to Salem’s acknowledged Comprehensive Plan. The property is also contiguous to the City limits at its southeast corner abutting Timbet Drive SE. The territory is therefore exempt from voter approval.
8. Analysis of Annexation Approval Criteria
Salem Revised Code (SRC) 260.010(g)(1) sets forth the following criteria that must be met before approval can be granted to a request for an Annexation without a minor comprehensive plan map amendment or quasi-judicial zone change.
SRC 260.010(g)(1)(A): The annexation will result in a boundary in which services can be provided in an orderly, efficient, and timely manner.
Finding: The proposed annexation is for a territory totaling approximately 48.02 acres in size, including public street right-of-way. The annexation of unincorporated territory contiguous to the city limits will result in urban services being provided in a more orderly, efficient, and timely manner. Unincorporated territory adjacent to the city limits prevents the orderly expansion of City services because gaps are created in the city’s infrastructure, and services within those gaps must be provided by the county, or by the City pursuant to intergovernmental or other agreements. This results in inefficiencies due to discontinuous and fragmented methods of providing infrastructure, as well as additional delays for any development proposal. The boundary resulting from the proposed annexation will provide a more compact and efficient urban form for providing urban services, because the services will be integrated into the existing city infrastructure that exists in the surrounding area, and potential jurisdictional conflicts will not exist. The proposed annexation complies with this criterion.
SRC 260.010(g)(1)(B): The land uses and development densities that will be allowed can be served through the orderly, efficient, and timely extension of key urban facilities and services.
Finding: Comments provided by the various City departments indicate that the territory proposed for annexation can be served through the orderly, efficient, and timely extension of key urban facilities and services as outlined in the City’s adopted master plans, Capital Improvement Plan (CIP), and Public Works and Parks design and construction standards. No improvements to urban facilities and services are needed at this time to serve the territory but as land within the territory is developed, necessary urban facilities and services and site-specific infrastructure will be identified and required to be provided in accordance with the city’s adopted master plans, CIP, and Urban Growth Management process as set forth in SRC Chapter 200.
The territory proposed for annexation lies outside the City’s Urban Service Area. Pursuant to the City’s adopted growth management program found in SRC 200, an Urban Growth Area (UGA) Development Permit will be required to provide adequate public facilities, including water, sewer, stormwater, transportation, and park services, that may be necessitated by future development. The proposed annexation complies with this criterion.
SRC 260.010(g)(1)(C): The withdrawal of the territory from any applicable special districts complies with applicable state statutes governing the withdrawal of the territory from those districts.
Finding: When withdrawal from a special service district is not automatic, the City Council shall decide on withdrawal from those special service districts. These withdrawals shall be made according to applicable state statutes governing the specific withdrawal.
The territory is currently located within the Turner Rural Fire Protection District and the Santiam Water Control District. The City will withdraw the territory from the Turner Rural Fire Protection District and replace that service with service from the City of Salem Fire Department. The Santiam Water Control District, however, is not a district that is subject to withdrawal requirements for special districts when property is annexed. As such, the territory will not be withdrawn from this District.
ORS 222.520 establishes the process by which the territory may be withdrawn from service districts at the same time as the annexation. No Comprehensive Plan provision or implementing ordinance of the City applies to the withdrawal decision, and none is amended in the process of making the decision. In addition, the decision to withdraw the territory and serve the territory with City-supplied urban services rather than district-supplied services, does not have significant impacts on present or future land uses. Consequently, the withdrawal decision is not the kind of decision that requires application of land use laws.
SRC 260.010(g)(1)(D): The public interest is furthered by the annexation of the territory.
Finding: The proposed annexation of the territory conforms to the Salem Area Comprehensive Plan and City services can be provided consistent with the City’s adopted master plans. The city is expected to annex land within the Urban Growth Boundary over time to facilitate development commensurate with urban densities found within the city. The annexation of unincorporated territory contiguous to the city limits will result in urban services being provided in a more orderly, efficient, and timely manner and will allow urban levels of development. Therefore, the proposed annexation is in the public interest and complies with this criterion.
BACKGROUND:
Land located within the Urban Growth Boundary (UGB) but outside of the city limits is designated as urbanizable land under Statewide Planning Goal 14. Urbanizable land is land that is determined to be necessary and suitable for future urban areas, that can be served by urban services and facilities, and that is needed for the expansion of an urban area. The city is expected to annex land within the UGB over time to provide for facilities or activities which are related to or supportive of urban development such as residential, commercial, and industrial development as well as such things as sewage treatment facilities, water reservoirs or wells, parks, and recreational facilities.
Bryce Bishop
Planner III
Attachments:
1. Vicinity Map
2. Territory Map and Legal Description
3. Development Services Division Comments
4. Finance Department Comments.
5. Supplemental staff report in response to comments received concerning Annexation Case No. ANXC-763