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Home My WebLink About3247 Amending the Ashland UGB Map to Correct an ErrorORDINANCE NO.3247 AN ORDINANCE AMENDING THE ASHLAND URBAN GROWTH BOUNDARY MAP TO CORRECT AN ERROR, AND AN EMERGENCY IS DECLARED TO TAKE EFFECT ON ITS PASSAGE. WHEREAS, the City of Ashland ("City") and the County of Jackson ("County") are authorized under ORS Chapter 197 to prepare and adopt Comprehensive Plans consistent with Statewide Planning Goals. WHEREAS, Statewide Planning Goal 14, Urbanization, requires establishment of urban growth boundaries (UGB) for each incorporated city through a cooperative process between City and County. The City ofAshland UGB and related urbanization policies and revision procedures were adopted by the County on July 19, 1978, and subsequently were revised (File UGBA-7) by Ordinance No. 82-27 after a joint public hearing was held by the Board and City Council on May 20, 1982. WHEREAS, Section I LD of the UGB Agreement (the "Agreement") provides a procedure for the correction of cartographic errors. Four such errors have been identified in the Urban Growth Boundary which the City now desires to correct which affect the following property: Township 39, Range lE Section 04A Tax Lots 1000, 1100, 1200, and 1300 ("Subject Property"). WHEREAS, the City Council held a public hearing on August 6, 2024, at which time it considered the recommendation from staff for a correction of a cartographic error or omission in the UGB, and the public testimony on the matter. WHEREAS, a mapping discrepancy under the Ashland/Jackson County Urban Growth Boundary Agreement (1982) requires immediate correction to clarify the boundary and enable timely processing of development applications, thereby preventing delays and impacts on public welfare; SECTION 1. Findings. 1.1 The Council hereby incorporates by reference the Community Development Business Item Report dated August 6, 2024, including Attachment No. 2, the Applicant's Submittal and Findings, but expressly excluding Attachment No. 1, the Planning Commission Recommendation dated March 8, 2022. ORDINANCE NO.3247 Page 1 of 3 1.2 The Council finds that a discrepancy exists between the Official Urban Growth Boundary Map for Ashland, which was adopted by the County, and the GIS map used by the City, which resulted in a discrepancy in the UGB boundary affecting the Subject Property. 1.3 The Council further finds that the discrepancy was the result of a cartographic error or omission in that when the UGB map was adopted, the map did not include a metes and bounds description, or other precise description of the boundary and that due to the scale of the boundary line on the adopted map, the UGB boundary was imprecise and covered hundreds of feet. 1.4 The Council finds that Section I LD of the Agreement provides in part for correction of errors in the map such as is presented in this matter. SECTION 2. Conclusory Findings. 2.1 The City Council concludes that it has all necessary information to make decisions in the matter of the correction of the cartographic error described in the findings above. 2.2 The Council finds that the following correction is necessary to provide a consistent UGB line between the City and the County with respect to the Subject Property to enable the property to meaningfully develop in the City. 2.3 The Council finds that Section I I .D of the Agreement provides that an Ordinance to correct a mapping error may be adopted as an emergency Ordinance. SECTION 3. Decision 3.1 Based on the foregoing findings, including all attachments by reference, the City Council hereby amends the Official Comprehensive Plan and Zoning Map to include the entirety of the following tax lots in the Ashland Urban Growth Boundary, as depicted in Exhibit A hereto, incorporated herein by reference: Township 39, Range lE Section 04A Tax Lots 1000, 1100, 1200, and 1300. 3.2 This Ordinance being necessary to meet the requirements set by the Ashland/Jackson County Urban Growth Boundary Agreement (1982), and to correct a discrepancy, an emergency is declared to exist, and this Ordinance takes effect on its passage. SECTION 4. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect. ORDINANCE NO. 3247 Page 2 of 3 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the _day of , 2024, and duly PASSED and ADOPTED this day of , 2024. PASSED by the City Council this _ day of (/ Ckk pf( , 2024. ATTEST: J Alissa Kolodzinski, City Recorder SIGNED and APPROVED this day of ('��/� , 2024. 90'� 16�� Tonya Graham, Mayor Rey to form: Douglas M. McGeary, Acting City Attorney ORDINANCE NO. 3247 Page 3 of 3 EXHIBIT "A" An area that encompasses those real properties as described in Instruments Numbered 97-23318, 2003- 016673, 2011-033673 and 2015-003521, all of the Official Records of Jackson County, Oregon, being located within the southerly portion of Lot 25, Ashland Acres, recorded October 25, 1923, in Volume 5 at Page 17 of the Records of Jackson County, Oregon, within Donation Land Claim Number 41, in the Southeast One -quarter of Section 4, Township 39 South, Range 1 East of the Willamette Meridian, Jackson County, Oregon. The exterior of said area is more particularly described as follows: Beginning at Southeast comer of said Lot 25, also being the Southeast comer of said Instrument Number 2015-003521; thence North 00000'00" East, along the easterly boundary of said Lot 25, 250.00 feet to the Northeast comer of last said instrument; thence leaving said easterly boundary, North 90000'00" West, along the northerly boundaries per said Instruments Numbered 2011-033673 and 2015-003521, 721.57 feet (record: 721.38 feet) to the Northwest corner of said Instrument Number 2011-033673, being common with an angle point of the easterly boundary per said Instrument Number 97-23318; thence leaving said northerly boundary, North 20105'00" West, along said easterly boundary per said Instrument Number 97-23318, 80.17 feet (record: North 18106' West), 80.17 feet to the westerly ell comer of said Lot 25; thence North 90°00'00" West, along the northerly boundaries per said Instruments Numbered 97-23318 and 2003- 016673, 750.40 feet to the Northwest comer per said Instrument Number 2003-016673; thence along the westerly boundary per said Instrument Number 2003-016673, the following courses: South 30000'00" East, 128.00 to and angle point thereof; thence South 00100'00" East, 214.44 feet (record: 217.0 feet) to the Southwest comer thereof, being a point on the northerly right-of-way of East Nevada Street, a public right-of-way; thence North 90100'00 East, along the southerly boundaries per said Instruments Numbered 97-23318, 2003-016673, 2011-033673 and 2015-003521, being conunon with said northerly right-of-way, 1435.31 feet to the Point of Beginning. Area contains 9.53 acres. more or less. The basis of bearings for this description is Survey Number 10605, as filed in the office of the Jackson County, Oregon. Prepared by: Neathamer Surveying, Inc. 3126 State Street PO Box 1584 Medford, Oregon 97501 Phone: 541-732-2869 Fax: 541-732-1382 Project Number: 24054 Date: September 11, 2024 EXHIBIT " " K -%TREL PARKWAY 500°00'00'E 214.44' 530*00,00, 128.00' INSTRUMENT NUMBER 2003-016673 WESTERLY ELL CORNER LOT 25, ASHLAND ACRES PARCEL 2, INSTRUMENT T NUMBER 97-2 INSTRUMENT NUMBER 2011-033673 INSTRUMENT NUMBER 2015-003521 SOUTHEAST CORNER LOT 25, ASHLAND ACRES N00*0255'E 250.00' NORTH MOUNTAIN AVEMM —IN20°04'00'hl 80.11' ti REGISTERED PROFESSIONA LAND SURV� vo Q OREGON ` JULY 9, 2001 CAEL E. NEATHAMER 56545 Rene`✓a/ hate 121-31124 5GALE 1 " = 150' O 150 300 450