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Home My WebLink AboutResolution No. 5445COUNCIL RESOLUTION NO. 5445 RESOLUTION ANNEXING GOLDEN GARDENS PARK PROPERTY(ASSESSOR'S MAP 17-04-16-00, TAX LOTS 00100, 00200, 00300, 00400, 00500, 00600, 00700) AND VOLUNTARILY ANNEXING AN ADJACENT PRIVATELY OWNED PARCEL (ASSESSOR'S MAP 17-04-09-00, TAX LOT 02700) TO THE CITY OF EUGENE PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Zelenka CONSIDERED: May 12, 2025 • RESOLUTION NO. 5445 RESOLUTION ANNEXING GOLDEN GARDENS PARK PROPERTY (ASSESSOR'S MAP 17-04-16-00, TAX LOTS 00100, 00200, 00300, 00400, 00500, 00600, 00700) AND VOLUNTARILY ANNEXING AN ADJACENT PRIVATELY OWNED PARCEL (ASSESSOR'S MAP 17-04-09-00, TAX LOT 02700) TO THE CITY OF EUGENE The City Council of the City of Eugene finds that: A. An annexation application was submitted by the City of Eugene on January 31, 2025, in accordance with the provisions of Section 9.7810 of the Eugene Code, 1971, ("EC") for annexation to the City of Eugene of seven tax lots comprising Golden Gardens Park and voluntary annexation of an adjacent, privately owned parcel. B. The properties proposed to be annexed are depicted on the map attached as Exhibit A to this Resolution. The legal descriptions of the properties proposed to be annexed are attached to this Resolution as Exhibit B. C. The City's Planning Director has submitted a written recommendation that the application be approved based on the criteria of EC 9.7825. The Planning Director's Findings and Recommendation are attached to this Resolution as Exhibit C. D. On April 11, 2025, a notice containing a description of the City-owned park property and the privately-owned parcel to be annexed and the Planning Director's preliminary recommendation was mailed to the applicant, owners and occupants of properties located within 500 feet of the perimeter of the areas to be annexed, and to the Active Bethel Community Neighborhood Association. The notice advised that the City Council would consider the Planning Director's full recommendation on the proposed annexation on May 12, 2025. Resolution -Page 1 of 2 E. After considering the Planning Director's recommendation, the City Council finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based on the above findings and the Planning Director's Findings and Recommendation, which are attached as Exhibit C and are adopted in support of this Resolution, it is ordered that the property composed of the seven tax lots comprising Golden Gardens Park and the adjacent privately-owned parcel , more particularly described in the attached Exhibit B, is annexed to the City of Eugene. Section 2. This Resolution is effective immediately upon its passage by the City Council. Pursuant to EC 9.7820(3)(b) and (c), and Figure 9.7820(3)(c), the Golden Gardens Park property, identified as Tax Lots 100,200,300,400,500,600, and 700 of Assessor's Map No. 17-04-16-00 shall be automatically rezoned from AG Agricultural with the /CAS Commercial Airport Safety and /UL Urbanizable Land Overlays to PL Public Land with the /CAS Commercial Airport Safety and /WQ Water Quality Overlays . The adjacent private property, identified as Tax Lot 2700 of Assessor 's Map No. 17-04-09-00, shall be automatically rezoned from AG Agricultural with the /CAS Commercial Airport Safety, /UL Urbanizable Land , and /CL Clear Lake Overlays to E-1 Campus Employment with the /CAS Commercial Airport Safety and /CL Clear Lake Overlays. The annexation and the automatic rezoning of the land shall become effective in accordance with state law. The foregoing Resolution adopted the 12th day of May, 2025. Resolution -Page 2 of 2 ~ )'> ~ r IL ? ~ =\ :r z -I :r rn n ~ C: s: =i \J) -..., 6 ~ I r- 8l ? ;>J CD nl )> ~ -I 0 (JJ i11 ? 7 7. nl X 1"11 Q "' \t i 'i> ,:: fTl 0 ~ U) f:' g; ~ 0 i)i. R ~o ~ " 0 10 "' z Or \ 171 -I G') oni lJ) z ~o r r, 0 r .... 0 .: ul 8 b 8 0 () t -~ -5:- (S, :JI rr, 0 r, -. :i \D :.:r C z fll C) (j) I\) s;: cl Q \J1 C) z A.I ::0 ,_ C:,Orr, 'T\ "T'1G"'> \Jl U)rrl-c~~ 8 ~ o 53 ~zrri v, 0 ►0 B :;o r -.... 8 () 1 ·1.s,,:.os-oo-::>2~c2 --r- (.!) rT rn • () C: ' 7- ---~r~.- . 7-(M-O~-OJ-0;>5,;,:; :; '; z - CITY Of EUGENE PRO~ECT NO. 90'5 I 2 I I ;1 "'· r·· .. ·1 .l'.' :.-=-• .. , f-'UBLIC WORKS ENGINEERING DATE: JANUARY 1-:.!, 202~) 180 W, 8TH AVENUE. SUIT[ 200, EUGENE, OR. REVISED: ITBRUARY 21. 2025 LAf\JD ANf\JEXA710N EXHIBIT M/\P SHE'ET I OF I tTl :x: ::J"' & ;::::;: CITY Of EUGEN:: PROJECT \\JO. 905 12 I PUBLIC WORKS El\:GINEERING DATF.: .IA!~UARY 22, 2025 180 W. BTH AVENUE, SUITE 200. EUGEN:, OR. ~[VISED: FEBRLARY 2 J, 2025 LAND At~NEXATION EXHIBIT M/\P SrlEET I OF 2 Exhibit B LAND ANNEXATION TAX LOTS 17-04-16-00-00100, 17-04-16-00-00200, 17-04-16-00-00300, 17-04-16-00-00400, 17-04-16-00-00500, 17-04-16-00- 00600, AND 17 -04-16-00-007 00 LEGAL DESCRIPTION Commencing at the NE corner of Section 16, Township 17 South, Range 4 West, of the Willamette Meridian; thence along the North line of said Section 16, North 87°46'52" West 1344.54 feet to the TRUE POINT OF BEGINNING; thence leaving said North line, South 01 °58'32" West 30.00 feet; thence North 87°46'52" West 300.00 feet; thence South 01 °58'32" West 726.00 feet; thence South 87°46'52" East 300.00; thence North 01 °58'32" East 176.00 feet; thence South 87°46'52" East 20.00 feet; thence South 01 °58'32" West 2026.39 feet; thence North 87°45'02" West 1983.79 feet; thence South 01 °54'19" West 30.00 feet; thence North 87°45'02" West 1983.47 feet; thence North 01 °50'15" East 1838.75 feet; thence South 87°47'36" East 840.97 feet; thence North 01 °47'55" East 2082.94 feet to a point on the Southerly right of way of Clear Lake Road; thence along said Southerly right of way, South 88°05'31" East 150.00 feet; thence leaving said Southerly right of way, South 01°37'22" West 1288.75 feet; thence South 87°47'36" East 1654.40 feet; thence South 87°46'52" East 1304.78 feet to the POINT OF BEGINNING, in Lane County, Oregon. January 12, 1999 JAMES W. COLTON 58758 RENEWAL DATE: DEC, 31, 2025 Certification of Description Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the metes and bounds description of the real property proposed for annexation closes; and the rnap outlining the boundary is a true representation of the description. Signature: Print Name: Date: Seal: 1-o 1.;"). \ D \ ( 1, '1.--- OREGON FEB. 19, 1 S99 ~ ,JAMES V,f. COLTON) R~~-:;-~LI~~~~•: I~\~\\~~~~ Exhibit 8 LAND ANNEXATION TAX LOT 17-04-09-00-02700 LEGAL DESCRIPTION Exhibit 8 Beginning at a point on the Southerly right of way of County Road No. 139 (Clear Lake Road) said point being on the West line of Section 9, Township 17 South, Range 4 West of the Willamette Merldian, thence Easterly along said Southerly right of way a distance of 840 feet, more or less, to a point being 480.00 feet Westerly of the East line of the Southwest 1 /4 of said Section 9, thence leaving said Southerly right of way of Clear Lake Road, Southerly, parallel to said East line of the Southwest 1/4 of the Southwest 1/4, a distance of 1280 feet, more or less, to the South line of said Section 9, thence continuing Southerly, a distance of 795 feet, thence West a distance of 840 feet, more or less, to the West line of Section 16 of said Township 17 South, Range 4 West, thence North 00°03'26" East along the West line of said Section 16, a distance of 795 feet to the Northwest corner of said Section 16, thence North along the West line of Section 9 of said Township 17 South, Range 4 West a distance of 1280 feet, more or less, to the point of beginning all in Lane County, Oregon. REGISTERED PROFESSIONAL I.AND SURVEYOR Jcouory 12, 1999 JAMES W. COLTON 58768 RENEWAL DATE: DEC. 31, 2025 Certification of Description Pursuant to EC 9.7810(7), Annexation Application Requirements, I hereby certify the metes and bounds description of the real property proposed for annexation closes; and the map outlining the boundary is a true representation of the description. Signature: QL Print Name: Date: Seal: Exhibit B • Planning Director's Findings and Recommendation: Annexation Request for Golden Gardens Park (City File: A 25-03) Application Submitted: January 31, 2025 Applicant: Ryan Turner, City of Eugene Parks and Open Space Division Exhibit C Property Included in Annexation Request: Seven tax lots comprising Golden Gardens Park (Assessor's Map No. 17-04-16-00, Tax Lots 00100, 00200, 00300, 00400, 00500, 00600, and 00700) and one privately owned parcel adjacent to Golden Gardens Park (Assessor's Map No. 17-04-09-00, Tax Lot 02700). Zoning: AG Agricultural with /CAS Commercial Airport Safety and /UL Urbanizable Lands Overlay, with a portion being within the /CL Clear Lake Overlay Lead City Staff: Brai Black, Assistant Planner, City of Eugene Planning Division; 541-682-5437 EVALUATION: Based on the information provided by the applicant, the City has determined that this request complies with Eugene Code (EC) Section 9.7805 Annexation -Applicability. As such, it is subject to review and approval in accordance with the requirements, application criteria and procedures of EC 9.7800 through 9.7835. The applicable approval criteria are presented below in bold typeface with findings and conclusions following each. EC 9.7825(1) The land proposed to be annexed is within the city's urban growth boundary and is: (a) Contiguous to the city limits; or (b) Separated from the city only by a public right of way or a stream, bay, lake or other body of water. Complies Findings: The annexation area is within the Urban Growth Boundary and is contiguous to 1-----i--=----I D City limits to the south and southwest, consistent with subsection (a). [gjvEs NO EC 9.7825(2) The proposed annexation is consistent with applicable policies in the Metro Plan and in any applicable refinement plans. Complies Findings: Several policies from the Metro Plan provide support for this annexation by 1-----i--=----I [gjYES D encouraging compact urban growth to achieve efficient use of land and urban service NO provisions within the UGB, including the following policies from the Growth Management section (in italic text): Policy 1. The UGB and sequential development shall continue to be implemented as an essential means to achieve compact urban growth. The provision of all urban services shall be concentrated inside the UGB. (page I/-C-4) Policy 9. A full range of key urban facilities and services shall be provided to urban areas according to demonstrated need and budgetary priorities. (page 11-C-5} Policy 10. Annexation to a city through normal processes shall continue to be the highest priority. (page I/-C-5). Golden Gardens Park (A 25-03) Page 1 May 2025 EC 9.7825{3) Exhibit C Policy 15. Ultimately, land within the UGB shall be annexed to a city and provided with the required minimum level of urban facilities and services. While the time frame for annexation may vary, annexation should occur as land transitions from urbanizable to urban. (page I/-C-5} As discussed in this subsection, and further detailed under subsection (3) below, the proposed annexation is consistent with Metro Plan growth management policies and can be served by the minimum level of key urban services. The annexation procedures beginning at EC 9.7800 are consistent with State law and therefore, as found throughout this report, the annexation is consistent with State law. Both the Golden Gardens Park property and the adjacent, privately owned property are currently zoned AG Agricultural with the /CAS Commercial Airport Safety and /UL Urbanizable Land Overlays. The private property included in this request (Tax Lot 02700} is also zoned with the /CL Clear Lake Overlay. The subject properties are within the area that was added to Eugene's Urban Growth Boundary in 2017. Pursuant to the Metro Plan land use diagram (as amended as part of the UGB expansion}, Golden Gardens Park is designated for parks and open space use, and the adjacent private property is designated for campus industrial use. Upon approval of the annexation, the /UL Overlay will be automatically removed from the subject properties, and each property will be automatically rezoned to align with its respective land use designation. In accordance with Eugene Code 9.7820(3}, the property comprising Golden Gardens Park will be automatically rezoned to PL Public Land with /CAS Commercial Airport Safety and /WQ Water Quality Overlays. The private property included in the annexation request will be automatically rezoned to E-1 Campus Industrial with /CAS Commercial Airport Safety and /CL Clear Lake Overlays. There are no adopted refinement plans applicable to the annexation area, and therefore, there are no refinement plan policies which would serve as mandatory approval criteria for the annexation request. Therefore, based on the findings above, the proposal is consistent with the applicable policies of the Metro Plan. The proposed annexation will result in a boundary in which the minimum level of key urban facilities and services, as defined in the Metro Plan, can be provided in an orderly, efficient, and timely manner. Complies Findings: Consistent with this criterion, the proposed annexation will result in a 1----~~-1 D boundary in which the minimum level of key urban facilities and services can be i:g]ves NO provided in an orderly, efficient, and timely manner as detailed below: Wastewater There is an existing 12-inch public wastewater mainline located in Terry Street right-of- way to the west of the annexation area, and existing 30-inch and 42-inch wastewater Golden Gardens Park (A 25-03) Page 2 May 2025 Exhibit C lines located within the Jessen Drive right-of-way to the south of the annexation area. The existing wastewater mainlines are owned and maintained by the City of Eugene. Following the proposed annexation, the subject properties can be served by the wastewater mainlines in Terry Street and Jessen Drive. Stormwater There are existing public stormwater facilities located in the Terry Street right-of-way to the west of the subject properties and in the Clear Lake Road right-of-way to the north. Additionally, the A-3 Channel flows through the southern portion of the subject property. Public Works Engineering and Parks and Open Space staff confirm that the A-3 Channel has sufficient capacity to receive additional stormwater runoff from the southern portion of Golden Gardens Park at the time of future development. Transportation The Golden Gardens Park property has frontage on Jessen Drive to the south and on Clear Lake Road to the north, both of which are public streets. The private property proposed for annexation also has frontage on Clear Lake Road. The proposed annexation will have no effect on these transportation facilities. In the event further development occurs, additional evaluation of access to the public street system will take place. Solid Waste Collection service is provided by private firms. Regional disposal sites are operated by Lane County. The proposed annexation will have no effect on these services. Water and Electric Eugene Water and Electric Board {EWEB) currently has both overhead and underground electric service within the rights-of-way of Jessen Drive and Terry Street. There is an existing 16-inch EWEB water line located in the Jessen Drive right-of-way, as well as a 12- inch water line located in the Terry Street right-of-way. The proposed annexation will have no effect on these facilities. Public Safety Police protection will be extended upon annexation consistent with service provision throughout the City. Fire protection will be provided by the Eugene Springfield Fire. Emergency medical services are currently provided by Eugene Springfield Fire and will continue in the same manner upon annexation. Parks and Recreation Golden Gardens Park is owned by the City of Eugene and is proposed to be developed with a sports complex, public parking areas, athletic fields, improved public access, a neighborhood park, additional pedestrian trails, and habitat conservation areas. Annexation of the park property is requested in order to allow the park to connect to City utilities and to facilitate the proposed development of the park, which is detailed in the Golden Gardens Park Master Plan. Parks and recreation programs are provided on a City-wide basis, and the inclusion of the subject area in the City is sufficient evidence to demonstrate the minimum level of this key urban service is met. Golden Gardens Park (A 25-03) Page 3 May 2025 CONCLUSION: Exhibit C Planning and Development Services Planning and building permit services are already provided for all areas located within the Urban Growth Boundary by the City of Eugene. Communications Communications infrastructure and service already exists within the annexation area. The proposed annexation will have no effect on these facilities. Any future communication facilities or infrastructure will require a right-of-way permit and approval by the Public Works Maintenance Division of the City of Eugene. Public Schools The subject annexation area is within Bethel School District 52. As access to schools is evaluated on a district wide basis, the annexation area's location within a school district is sufficient evidence to demonstrate the minimum level of this key urban service is met. Based on the above findings, information submitted to date, and the criteria set forth in EC 9. 7825, the proposed annexation is consistent with the applicable approval criteria. A map and legal description showing the area subject to annexation are included in the application file for reference. The effective date of the annexation will be set in accordance with State law. INFORMATIONAL ITEMS: Approval of this annexation does not relieve the applicant from complying with applicable codes and statutory requirements. Golden Gardens Park (A 25-03) Page 4 May 2025