HomeMy WebLinkAboutNo Shooting Zone Annexation01 -Ea 0
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Deschutes County Board of Commissioner s
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of 10 A.M., Wednesday, September 9, 2009
Please see directions for completing this document on the next page.
DATE: 8/20/09
FROM: Tom Anderson
Community Development 385-1704
TITLE OF AGENDA ITEM:
Discussion and Consideration of Approval of annexation of a county owned lot to the existing
Deschutes River Recreation Homesites, Unit 6, Parts I & II No Shooting District.
PUBLIC HEARING ON THIS DATE? Yes. Continuation of Public Hearing held on 8/17/09.
BACKGROUND AND POLICY IMPLICATIONS:
A public hearing was held on August 17, 2009 regarding Order 2009-054, for the Board of County
Commissioners (BOCC) to consider approval of a petition to annex three county ownedlots to the
existing Deschutes River Recreation Homesites, Unit 6, Parts I & II No Shooting District. After
hearing public testimony, the Board agreed to annexation of two of the three lots and decided to
continue the hearing to September 9, 2009 to discuss and take further testmony on whether or not to
include the third parcel into the no shooting district. The Board also wanted additional time to gathcr
more information regarding this parcel, including possible site visits (see map, Exhibit "B" attached
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Discuss the additional information gathered, take further testimony and make a decision whether or °rot
to annex the subject third lot to the existing district.
ATTENDANCE: Tom Anderson, Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
None.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving Annexation of Territory to
Deschutes River Recreation Homesites, Unit
6, Parts I and II No Shooting District.
*
*
ORDER NO. 2009-060
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 Count'
Commissioners, a copy of which petition is attached as Exhibit 1 of Order 2009-053 and by this reference is
incorporated herein; and
WHEREAS, the Deschutes County Assessor verified that the no shooting district annexation petitir �n
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 July
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, two of the three areas petitioned would bene It
by restriction imposed pursuant to Chapter 9.08 of the Deschutes County Code; and
WHEREAS, the public hearing was continued to September 9, 2009 to allow the Board additional time
to gather more information about the third parcel before deciding whether to approve annexation of it to the io
shooting district referenced above; and
WHEREAS, more information about the third parcel and additional testimony were presented at Me
continued hearing before the Board to demonstrate a public safety hazard and disturbance of the peace; thus tIe
third parcel petitioned would benefit by restriction imposed pursuant to Chapter 9.08 of the Deschutes Cour ty
Code; now therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREI Y
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 Shooti 1g
PAGE 1 OF 2- ORDER No. 2009- 060 (9/9/09)
District, boundaries of the proposed annexed area as described in Exhibit A and as depicted on the map attached
as Exhibit B, each exhibit being attached hereto and incorporated by reference herein.
Section 2. Pursuant to the provisions of Section 9.08.090 of the Deschutes County Code, this ord �r
shall take effect immediately upon signature of this order.
Dated this
ATTEST:
2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Recording Secretary
PAGE 2 OF 2- ORDER No. 2009- 060 (9/9/09)
TAMMY BANEY, Chair
K
DE IS R. LUKE, Vice Chair
ALAN UNGER, Commissioner
EXHIBIT "A"
Legal Description
Tax lot 2110030000800
That portion of the N 1 /2NE 1 /4S W 1 /4 and the SE 1 /4NW 1 /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.
Exhibit "A" - Order No. 2009-060 (9/9/09)
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Exhibit "B"
Map
Proposed Annexation to the
Deschutes River Recreation Home ,ites
Unit 6 Parts 1 & 11 No Shooting Dis :rict
Proposed Annexation Area
Existing No Shooting District
500
1.000
2,000
Fe 1
August 20, 2009