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HomeMy WebLinkAboutOrder 024 - Allen 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 October 24, 2011 Please see directions for completing this document on the next page. DATE: October 17,2011 FROM: Laurie E. Craghead. Legal Phone # 6593 TITLE OF AGENDA ITEM: Public Hearing and Consideration of Signature of Order No. 2011-024 Approving the Allen Annextion into Deschutes County Rural Fire Protection District #2. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: On October 3, 2011, the Board signed Order No. 2011-023 scheduling the hearing on the petition submitted on September 19, 2011, by Mike and Pam Allen to annex petitioner's property located at 22960 Supreme Court, 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 2011-024. ATTENDANCE: Laurie E. Craghead. I DISTRIBUTION OF DOCUMENTS: Legal Department. 1 1 4 REVIEWED LEG=:tfouNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Order Approving the Allen Annexation into the * Deschutes County Rural Fire Protection District * ORDER NO. 2011-024 #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 September 19,2011; 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 October 24, 2011, 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, at the time of hearing the correct legal description was provided and verified by the Deschutes County Clerk Office; 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 Allen Annexation and as set forth, shall be known as the "Allen 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 Allen 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. 2011-024 III SectionS. The purpose of this District is to provide fire protection services within the District. Dated this ___day of October, 2011 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, CHAIR ATTEST: ANTHONY DeBONE, VICE CHAIR Recording Secretary ALAN UNGER, COMMISSIONER PAGE 2 OF 2-ORDER NO. 2011-024 p.213608878637 mike allen Oct 1011 08:57a EXHIBIT "Au A/le-h Tax lot Number: Property descnbed es: Lot Three (3), McELROY ESTATES, recordod June 19,2001, in Cnblnet E. P'gc 66.1. Descbutes Count!. Oregon. roOl lNFORMATION PURPOSES ONI.y, UfE :-iAPfTAX ACCT If(S) ...RE REfERENCED HERE: Ac~t '203135 1813 1601} 00:;03 Tile "bGve·<koeribed property is fn:e of (l1cumbr.mces O':(tepll11IhQse it.I1\! ofrecord. ifnn~·. a. of t!le date "rthis deed and mOSt.: soown below, ifany: ---_ -­.... EXR\611 IX to Otdei"20 t , =624 Page 1 ~./2l ~fZ2ZZl A7//7e.,Xeel ~ -­ !1l '" ~ ~ r 6 '" .... 1-4 ~ PARCEL SS'b 1\ \> ~;'~6IDJ I I I n~201 I ~-!.\ . .\r.:/~ _ I: I ) '" ".­"'h/ / .,>Y,'I":I ~HL 1;1-1;".1.,,1 I.>Lt:.:.k :;E,-,.JL­ --~ - PARCEL 2 -~ ./' ~. ,~--.r-.I VI} I , 202 ./' ./'~l~. '<L VI I Ii! 1-='-1.1:1; 653,98 654.31 1-4 PARCEL 1 ~ r,\ !,.\£j --'0 PARCEL 1 rj0S \ --' ~J . . Community Development Department Planning Division Building Safety Division Environmental Soils 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: October 7, 2011 TO: Georgia Springer, County Legal Counsel, Legal Assistant FROM: Paul Blikstad, Senior Planner RE: Annexation to Deschutes County Rural Fire Protection District No.2; Allen Petition for Annexation; Your file no. 16/6·016 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 (Chapter 23.68, Public Facilities and Services, of Title 23 of the County Code, Section 23.68.020), Policies, is the following policy: e. Deschutes County shall encourage the formation of special service districts to serve rural needs rather than becoming involved with serving those needs. The County will foster coordination and mutual planning between the County. special districts, utility companies and service corporations. This shall include common trenching where appropriate. Fire protection is an important part of rural development, as evidenced by the comprehensive plan chapter 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 No. 2 is consistent with the County Comprehensive Plan and Statewide Planning Goals. Exhibit C to Order 2011-024 Page 1 Qutllity Services Perfonned with Pride