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HomeMy WebLinkAboutOrder 042 - Moore-Powers Annex - 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 September 30, 2013 Please see directions for completing this document on the next page. DATE: September 23, 2013 FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Signature of Order No. 2013-042 Approving the Moore and Powers Annextion into Deschutes County Rural Fire Protection District #2. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: On September 4,2013, the Board signed Order No. 2013-041 scheduling the hearing on the petition submitted on August 12, 2013, by Patricia Moore and Cheryl Powers to annex petitioners' property located at 21295 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 2013-042. 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 Moore and Powers * Annexation into the Deschutes County Rural Fire * ORDER NO. 2013-042 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 August 12,2013; and WHEREAS, the Deschutes County Clerk's Office verified that the annexation petition was signed by the real property owners within the areas to be annexed; and WHEREAS, the Board held a public hearing on September 30, 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; 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 Moore and Powers Annexation and as set forth, shall be known as the "Moore and Powers Annexation." 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 Moore and Powers 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. 2013-042 Section 5. The purpose of this District is to provide fire protection services within the District. Dated this ___day of September, 2013 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ALAN UNGER, CHAIR TAMMY BANEY, VICE CHAIR ATTEST: Recording Secretary ANTHONY DeBONE , COMMISSIONER \ PAGE 2 OF 2-ORDER NO. 2013-042 EXHIBIT "A" I Name: ,OAf"IDf..I~ q . ~'009£ / (Af!~7 / D Po.;vers Address: JI).~(' (jf!h:..k ttll7J ecQ l~~vd OiL 97-707 Tax lot Number: 10 9Jrv Property described as: 1/,", £u es, )k OJ f J.I..". 1/), ,4/l1..,.,,,I w,,7f;"y{ 0 fz. AI w-/1 j /) {{ev¢?1fr> 2(., )IMJt57 /(]; jo~) --eil,fl-/2 e~)1 Df ~ iJJ);z~nVf fY!tMJM) l2.tr:. iO~ 060 c I I Exhibit A to Order 2013-042 Page 1 " " ______________'~*~,..'IlIi..._a~~'•• t'QIi~"'~ ""a SH q'" M" ','It! Fi"~ 22 fII......, Oa~ 9·tI'~OI) 27 ~ ~ N '" o ~ ....__no i~~~ ":r t-....'.. '_I ~";I ~-----.~... L.__~.. ;;'lIhe i I 23 "'" ~(M l: '$ W*' "j "b '&:6!\':tl 6t ±ri\:"} "t"" :''l''IMIH ..1-'b ,*Wcit* ('ink ;1 'Y deO;: ""'n'I~" 100SECTroN 26 T18S. RI2E,W.M, DESCHUTES COUNTY '"'40<>' Self 'kD 18 J2 23 1'.,-....'_'''"' ","",,0_•• ".-N""''''' {"t= Uf"'" 10' 1·3 {I-4i SEE MAP _/:-.~'.~- 1" ~ K 'j "."'~'lIW 1* 18 12 IP I !;; • j1'~ <;;ee Mop 18 12 OcC2..rpc> ~2. i3':)Jf')or',r __________ 26. 25 35 I 56 .-IJi SC l.p+,,,,N 18 12 26 ~~ "'Ii';:;""~~<i"" +¥W4' "jI "" ~ M a ~ "" W 'E o .8 £Xl :t::~ fll1.> .r:::Cl >< ttl we.. ~\j f'()\l\'\.>\..'­ l_tGI\\. v ,--' 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 /cdd/ __~'." (,'" e ~~ ~ t~ MEMORANDUM \\~V t ~!J ~ ~i ~~~\ . '\ 1\\'3 DATE: September 9, 2013 ~\\ \\' St51 \ III \..\L TO: Georgia Springer, County Legal Counsel, Legal Assista~'-t ~('I1\.\\t.S \)J~~\i \)t,)v.· FROM: Paul Blikstad, Senior Planner \. RE: Petition for Annexation into DCRFPD #2; Your file no. 16/6-019 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 District #2 is consistent with the County Comprehensive Plan and Statewide Planning Goals, Exhibit C to Order 2013-042 Page 1 Quality Services Perfonned with Pride