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:
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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/
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MEMORANDUM \\~V t ~!J ~
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DATE: September 9, 2013 ~\\ \\' St51
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TO: Georgia Springer, County Legal Counsel, Legal Assista~'-t ~('I1\.\\t.S \)J~~\i
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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
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