The URL can be used to link to this page

Home My WebLink AboutOrder 054 - No Shoot District - DRRH`'T G If/2°A‘) 2� ❑ Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-196) (541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or AGENDA REQUEST & STAFF REPORT For Board Business Meeting of 10:00 A.M., Monday, August 17, 2009 Please see directions. for completing this document on the next page. DATE: 8/6/09 FROM: Tom Anderson Community Development (CDD) x 1704 TITLE OF AGENDA ITEM: A PUBLIC HEARING and CONSIDERATON of Signature of Document 2009 -054, an Order to Approve a Petition for Annexation of County owned property to the Deschutes River Recreation Homesites, Unit 6, Parts I & II No Shooting District. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: The attached petition was circulated for Deschutes County Board of Commissioners (BOCC) signatures as a result of written requests made by several property owners in April 2009 to annex County owned property to an existing no shooting district, and a work session was held on June 17, 2009, wherein the BOCC directed a public hearing be set to obtain citizen input before consideration of approval of tt e proposed annexation. The petition was filed and accepted by the Board on July 27, 2009 and a pub I is hearing was set for August 17, 2009 for the BOCC to obtain said public testimony. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Conduct the public hearing and determine whether or not to approve Order 2009 -054. ATTENDANCE: Tom Anderson, Laurie Craghead DISTRIBUTION OF DOCUMENTS: Doreen/CDD will pick up; x 3193 REVIEWED LE AL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Approving a Petition for Annexation of Territory to Deschutes River Recreation Homesites, Unit 6, Parts I and II No Shooting District. * * * ORDER NO. 2009 -054 WHEREAS, a petition requesting annexation of certain territory to a restricted area pursuant 'o Deschutes County Code (DCC) section 9.08, referred to as the "Deschutes River Recreation Homesites, Unit 6, Parts I and II, No Shooting District was filed with the County and submitted to the Board of Coun y Commissioners, a copy of which petition is attached hereto as Exhibit 1 and by this reference is incorporated herein; and WHEREAS, the Deschutes County Assessor verified that the no shooting district annexation petition was signed by no less than 100 percent of the owners of the contiguous lots included within the proposed annexed area; and WHEREAS, the Board of County Commissioners accepted the petition in Order No. 2009 -053 on Ju''y 27, 2009; and WHEREAS, after notice was provided in accordance with ORS 198.800 (2) and DCC 9.08.080, a public hearing was held August 17, 2009, to hear the petition and any objections thereto and to determine whether or not the area petitioned should be annexed pursuant to the Chapter 9.08 of the Deschutes County Code; and WHEREAS, after considering the petition, and all arguments submitted in favor of and in opposition to the petition presented during the public hearing; and WHEREAS, testimony was presented at the hearing before the Board to demonstrate a public safety hazard and disturbance of the peace in this area; thus, the area petitioned would benefit by restriction imposed pursuant to Chapter 9.08 of the Deschutes County Code; THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Pursuant to the Deschutes County Code Chapter 9.08, the Board approves the petition to annex a certain territory to the Deschutes River Recreation Homesites, Unit 6, Parts I and II No Shooting District, boundaries of the proposed annexed area as described in the petition's Exhibit A and as depicted on the maps attached as petition's Exhibit B, each exhibit being attached hereto and incorporated by reference herein. /// PAGE 1 OF 2- ORDER NO. 2009- 054 (8/17/09) Section 2. Pursuant to the provisions of Section 9.08.090 of the Deschutes County Code, this order shall take effect immediately upon signature of this order. Dated this of , 2009 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair DENNIS R. LUKE, Vice Chair ATTEST: Recording Secretary ALAN UNGER, Commissioner PAGE 2 OF 2- ORDER No. 2009- 054 (8/17/09) REVIEWED LEGAL COUNSEL For Recording Stamp Only PETITION TO ANNEX PROPERTY TO Deschutes River Recreation Homesites, Unit 6, Parts 1 and 1I No Shooting District To: The Board of County Commissioners Deschutes County, Oregon The undersigned state as follows: 1. This Petition for Annexation is filed pursuant to ORS 198.705 to 198.955. 2. This annexation Petition affects only Deschutes County and the Deschutes River Recreation Homesites, Unit 6, Parts I and II No Shooting District. 3. The principal act for the Deschutes River Recreation Homesites, Unit 6, Parts I and I No Shooting District is Deschutes County Code, Chapter 9.08. 4. The territory that is subject to this Petition for Annexation is primarily uninhabited. The attached signature sheet is signed by the land owners in the territory proposed to be annexed as indi ,ated opposite their respective signature. 5. It is requested that the proceedings be taken for the annexation of said territory to Deschutes River Recreation Homesites, Unit 6, Parts I and II No Shooting District, Deschutes County, Oregon. A description of the boundaries of the territory to be annexed is attached hereto and marked Exhibit "A." A map of the boundaries of the territory to be annexed is attached hereto and marked Exhibit "B." 6. That said Petition has been signed by 100 percent of the land owners within the territ )ry proposed to be annexed. DATED is s ay o 2009. Dated this /1 of , 2009 BOARD OF COUNTY COMMISSIONERS ATTEST: TAMMY BANEY, CH IS R. LUKE, V ".E -CHAIR Recording Secretary EXHIBIT / PAGE ALAN UNGER, COMMISSIONER DC - 2009 -an A EXHIBIT "A" Legal Description Tax lot 2110030000700 (referred to on Map, Exhibit "B" as Lot 1) That portion of lot 2, Section 03, Township 21 South, Range 10 East, of the Willamette Meridian, Deschutes County, Oregon, lying South of the Deschutes River. Tax lot 2110030000800 (referred to on Map, Exhibit "B" as Lot 2) That portion of the N1 /2NE1 /4SW1/4 and the SE1 /4NW1 /4, Section 03, Township 21 South, Range 10 East, of the Willamette Meridian, Deschutes County, Oregon, lying Northerly, Southerly and Easterly of the Deschutes River, being all that portion, generally, on the east side of the river. Tax lot 2110030001100 (referred to on Map, Exhibit "B" as Lot 3) Beginning at the Southeast corner of the NE1 /4 of the SW1 /4 of Section 03, Township 21 South, Range 10 East, of the Willamette Meridian, Deschutes County, Oregon, thence Westerly along the South line of the NE1 /4 of the SW1 /4 to the Deschutes River; thence along said Deschutes River in a northerly and Easterly direction to the East line of said NE1 /4 of the SW1 /4; thence leaving said Deschutes River, Southerly along the said East line to the point of beginning. EXHIBIT / PAGE a- \\ZEUS \doreenb \MY DOCUMENTS \Doreen \Projects.George \No Shooting Districts \Deschutes River Recreation Homesites Annex 3 \Exhibit A - Legal -DRRH Unit6 Parts I &II Annex.doc 6/25/2009 II 1111 1. ■ Ill BATES ST 1■ 11! k `` CHAPMAN LN 11 A$ 0� \II ■11 BEAVER OR foi OR,fr011 it 0 A2 1 m MULE DEER IN BLACKTAIL LN WHITETAIL LN ft 1 MOUNTAIN GOAT. LN MOUNTAIN SHEEP EP GRAY WOLF LN // Exhibit "B" Map Proposed Annexation to the Deschutes River Recreation Homesites Unit 6 Parts 1 & 11 No Shooting District dip Proposed Annexation Area Existing No Shooting District 1,000 June 22, 2009 2,000 Fed N 1CUtlom\ Courer\ CDDIPb M: gTor. erovbSnaonnyamwtsZerhu .aRNerRecwreev.RZmi.rtr_r. .. om2®_m.a THIS 1.10 WAS PREPARED FOR ASSESSMENT PURPOSE ONLY. REVISED: 03/04/2009 EXHIBIT "B" 33 34 4 PROPOSED AREA TO BE EXISTIG NO SHOOTING 7. 600 LOT 4 43.25 AC ANNE DISTRICT 1 -821 (1.81) 601 1, 3 J SECTION 03 T.21S. R.10E. W.M. DESCHUTES COUNTY irr 500 SEE 9101211 10 -34 21 10 03 ii. 1 IiUGA } ■, LOT 3 43.19 AC c.?f-( 9Z11 Az 1 Cancelled Need 100 IN u 300 it r Ado Mir 2 SEE 14a 21 10 f J 9Et d.p 2P }0 0 0 11 ( 21 ID 03 & INDEX NAME OF DISTRICT: ANNEXATION TO DESCHUTES RIVER RECREATION HOMESITES, UNIT 6, PARTS I AND II NO SHOOTING DISTRICT PRINT NAME SIGNATURE oATF SIGNED PROPERTY ADDRESS —1-0.4. L.— 0-V PIESIDENCE ADDRESS (if different) LANCuWt'4 H IN D1STRI T R ;'T = - == VOTER IN DISTRICT t. — - 0- rnvv../ tBO."e' ; 0.5 e i.nni. Si �' o�vc y Co v+lw� i ss i o v� e r �� ' /�j� 1 L '� • •C�,�C !q -� //� / , / A ( 4 (,[M�l/�'�L� 7�/ Q9 / 1 8/a �/ .7 /J Cq 2110030000'700 Zt 100 300008 0° 2.1 10030OO 1100 0000-70 0 1003 00 Zt l 003 ° °C o S 2l1Ch030oO1L00 Zl l 0030000-io00 2t t o03 0000 8 2-11003000(R:30 1300 N W Li all $}, Su: -0 z_ c>0 lend, 012 977x/_ !30o N[.�(- Jo.Lf. ' Se... PJ2 o o t�G-"tC, Q%L X1770/ �3Qa NC.J LJcs1! -r--4- sc„4�tf 2a a end, o, 9770/ Yes Yes No _ No Acreage Pre Yes Yes 2. l"7, er,nis 2. Luke, as Co K�" �CScht.,-i -a5 • 7 e.ov,�m15SLOnC1' No — No _ Acreage/_ Yes ✓/ Pre Yes 3. f}lo,r, 1...1 as-, 0.S �esc v%1: S �' c�, a'4y C?ow,mtS$LOKel Acreage g Pre — 4 Yes Yes _ No _ No _ Acreage — Pre 5. , Yes Yes _ No No _ Acreage _ Pre — 8 Yes Yes _ No No Acreage — Pre 7. Yes Yes _ No No Acreage _ _ Pre 8. Yes Yes _ No No Acreage _ Pre 9. Yes Yes — No No Acreage — Pre 10. Yes Yes No No Acreage _ Pre 11. Yes _ Yes No _ No Acreage — Pre — 12 Yee No No No Acreage — _ Pre 13. Yea Yes No _ No Acreage — Pre 14. Yes Yea _ No No Acreage — Pre rn 0 5 N m c it cc0 0 Z 0 0 ❑ t Z m ° EE U m a. E v� 2 U ▪ v - ▪ o o J1m v 0 m N •O1i O . 3 m m • , c , 0 • 0 111