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HomeMy WebLinkAboutOrder 006 - Annex into DCRFPD 2Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of February 4, 2013 Please see directions for completing this document on the next page. DATE: January 23,2013 FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Signature of Order No. 2013-006 Approving the Reynolds and Boyd Annextion into Deschutes County Rural Fire Protection District #2. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: On January 9, 2013, the Board signed Order No. 2013-005 scheduling the hearing on the petition submitted on DECEMBER 21,2012, by Debra Reynolds and Perrin Boyd to annex petitioners' property located at 21325 Back Alley Road,Bend, OR 97702 into the Deschutes County Rural Fire Protection District #2.. The Board must hold a hearing on the annexation. The Board must approve the annexation if the Board finds that the property can be served by the district and the annexation complies with the County's comprehensive plan and land use regulations. Attached is a memo from Paul Blikstad, Deschutes County Senior Planner, stating his opinion that the annexation is in compliance with the County's comprehensive plan and land use regulations. Because the petition for the annexation was signed by 100% of the land owners, no election regarding the annexation request is required. FISCAL IMPLICATIONS: N/A. RECOMMENDATION & ACTION REQUESTED: MOTION: Approval and signature of Order 2013-006. ATTENDANCE: Laurie E. Craghead. DISTRIBUTION OF DOCUMENTS: Legal Department. REVIEWED ~ LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Reynolds and Boyd * Annexation into the Deschutes County Rural Fire * ORDER NO. 2013-006 Protection District #2 * WHEREAS, a petition requesting annexation of territory into the Deschutes County Rural Fire Protection District #2 was duly filed with the Deschutes County Board of County Commissioners("Board") on or about December 21,2012; and WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed by the real property owner within the areas to be annexed; and WHEREAS, the Board held a public hearing on February 4, 2013, to hear the petition and any objections thereto, and to determine whether, in accordance with the Comprehensive Plan, applicable Land Conservation and Development Goals and the criteria prescribed by ORS 199.462 and 198.805, the affected areas would be benefited by annexations of said territory into the Deschutes County Rural Fire Protection District #2; and WHEREAS, the Oregon Department of Revenue has requested a more legible map which is provided today as an attachment to this Order; now, therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDAINS as follows: Section 1. That the boundaries of the territory annexed to the said district are as set forth in Exhibit "A" and depicted on the map marked Exhibit "B" of the Reynolds and Boyd Annexation and as set forth, shall be known as the "Reynolds and Boyd Annexation." This Exhibit "B" is an amended map, as requested by the Oregon Department of Revenue. Section 2. That the applicable land use criteria pertinent to the proposed Annexation, the facts found by the Board and the reasons why the Board believes those facts to bring the proposal within the requirements of the applicable land use criteria are described in Exhibit "C," attached to the petition hereto and by this reference incorporated herein. Section 3. That the territory included in the Reynolds and Boyd Annexation is declared to be annexed into the Deschutes County Rural Fire Protection District #2 as of the date of this Order. Section 4. That after signature, the Board Clerk shall forward a copy of this Order to the Oregon Department of Revenue, Oregon Secretary of State Archives Division, Deschutes County Assessor's Office, Deschutes County 911, County Service District, and the Deschutes County Rural Fire Protection District #2. PAGE 1 OF 2-ORDER NO. 2013-006 Section 5. The purpose of this District is to provide fire protection services within the District. Dated this ___day of February, 2013 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, CHAIR TAMMY BANEY, VICE CHAIR ATTEST: Recording Secretary ANTHONY DeBONE , COMMISSIONER 1 I j i t I PAGE 2 OF 2-ORDER NO. 2013-006 EXHIBIT "Au , Nome: PJ':>t't\..-1?e~VlD kk tZhA.. -rey/t'n 'Bo~d Address: 213 2t; 1S~c;.k G-) 1~~ '1<d 'B~ ~1-#2 Tox Lot Number: 1~ • \'2. ... 2{P -D6 '" D0506 Property descnbed 6S: I-he. VVa-s+ 4~D ~e:-+ cd ~Ea.s+ t~~ OJ --l-ht. tVo~w('s\-~v...aAu ( £-1/ 210M /Lf) <tf Sech'M ')Jp J TOW"S1-tlP 1£' Sovdi-.) 't?~e.. I'A &..s~ ~=the W~ \\ llMe.+}.e rvl u iJ l~) 1)e..s c.h uJe ~ CoLA.V'lf-'1 )OY-~WI. Exhibit A to Order 2013-006 Page 1 z See Mot) 18 12 27 - p ., ~-\)J :l> t--> ~ U'\ <N ~ <'" 8' ___\­__ _ i'\_ ~ :» 2:' > Z C'f\<;: '"fI.. ~ t" D t, C ~. ......7 70 V ~ ~~~ t . ~ ~xhib B to 2013-006 <......>" ~age 1 ........... \ ~ N N -..I N N N (1\ (;.I / .. i' '" ,~, r r l> Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: January 14, 2013 TO: Georgia Springer, County Legal Counsel, Legal Assistant FROM: Paul Blikstad, Senior Planner RE: Annexation to Deschutes County Rural Fire Protection District No.2; Reynolds and Boyd Annexation, Your file no. 16/6·018 The Deschutes County Comprehensive Plan, which is acknowledged to be in compliance with the Statewide Planning Goals, encourages the formation of special service districts to serve rural needs. Under the Public Facilities and Services section of the County Comprehensive Plan (Section 3.6 under the Rural Growth Management Chapter, Policies, is the following policy: 3.61. Encourage the formation of special service districts to serve rural needs rather than having the County serve those needs. Fire protection is an important part of rural development, as evidenced by chapter 3.5 on natural hazards, which includes fire. It is clear that the ability to acquire fire protection is a valuable public resource. Staff finds that the proposed annexation to the Deschutes County Rural Fire Protection District #2 is consistent with the County Comprehensive Plan and Statewide Planning Goals. Exhibit C to Order 20 13-~lity Services Performed 7.vith Pride Page 1