ORDINANCE NO. 2035
An ordinance annexation certain contiguous territory located within the City’s Urban Growth Boundary and withdrawing the same territory from the Westside Rural Fire Protection District (Michael Kitts Homes, Inc.)
WHEREAS, Michael Kitts Homes, Inc. (the “Applicant”), the owner of certain property (3N10E35CB Tax Lot 302) which is not contiguous to the City limits but is located in the Urban Growth Area, applied for annexation to the City; and
WHEREAS, the City Council adopted policy in Resolution 2016-15 that requires annexation prior to receiving City sewer services; and
WHEREAS, as part of the annexation proposal, the Applicant included an additional 22 properties which make the Applicant’s property contiguous with the existing city boundary, collectively all of the properties proposed for annexation (the “Annexation Territory”) are legally described in Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, the Annexation Territory is located in Hood River County, Oregon within the acknowledged Urban Growth Area of the City of Hood River and is contiguous with the existing boundary of the City of Hood River; and
WHEREAS, pursuant to HRMC Chapter 12.09 and Resolution 2016-15, the City requires consent to annex in exchange for receiving City water or sewer service, which also requires that such properties be contiguous with the existing City boundary; and
WHEREAS, the Applicant seeks annexation of the Annexation Territory using the so-called Triple Majority method in ORS 222.170, based on 100% property owner consent, which meets the requirements for annexation under this statute. The written consents associated with all parcels in the Annexation Territory were included in the application; and
WHEREAS, the Annexation Territory is located within the service territories of Westside Rural Fire Protection District, Farmers Irrigation District, and the Ice Fountain Water District, and ORS Chapter 222 provides for the withdrawal of land from these districts upon annexation to a city that provides the same services; and
WHEREAS, notice of a public hearing before the Planning Commission on the annexation request and withdrawal from the affected service districts was published and posted as required by HRMC 17.09 and ORS Chapter 222; and
WHEREAS, the Planning Commission convened its duly noticed public hearing on the annexation and withdrawal request on February 6, 2017, accepted all manner of public testimony and written comment on the proposal and voted to recommend approval of the request to the City Council in a written recommendation attached hereto as Exhibit B; and
WHEREAS, the City Council held a duly-noticed public hearing on the annexation and withdrawal request on February 27, 2017, reviewed the record compiled before the Planning Commission, and the Commission’s recommendation, and accepted all manner of public testimony and written comment on the proposal, after which the Council voted that the Annexation Territory should be annexed but should be withdrawn only from the Westside Rural Fire Protection District; and
WHEREAS, the Council concluded that the Annexation Territory should remain within and served by the Ice Fountain Water District and Farmers Irrigation District upon annexation until further notice and Council action; and
WHEREAS, the City has the authority, within constitutional and statutory limits, to set the property tax rates at which annexed territories shall be taxed and to apply City land use designations and regulations to all lands within its corporate boundaries.
WHEREAS, the Michael Kitts Homes, Inc. (Planning File #16-50) application for annexation was received by the City after the Consolidated Land and Cattle, LLC (Planning File #16-48). There are eleven parcels that are included in both annexation proposals as needed to make either one contiguous with the existing City boundary. The Consolidated Land and Cattle, LLC application is approved this same day as Ordinance No. 2034. Because those 11 lots in common between the two annexation proposals are already annexed they no longer need be included in the Michael Kitts Homes, Inc. proposal and may be deleted therefrom.
NOW, THEREFORE, the City Council for the City of Hood River ordains as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby adopted by the Council and incorporated herein in support of this Ordinance.
Section 2. Annexation of Territory Approved. The real property (the Annexation Territory) described in Exhibit A, attached hereto and incorporated herein by this reference, is hereby annexed into and shall become part of the City of Hood River, Hood River County, Oregon. Also specifically annexed into the City of Hood River are all public rights-of-way adjacent to the Annexation Territory. In support of this decision, the Council specifically adopts as its own the Planning Commission’s recommended Findings of Fact and Conclusions of Law, signed February 21, 2017 and attached hereto as Exhibit B.
Section 3. Withdrawal of Territory. The real property (the Annexation Territory) described in Exhibit A is hereby withdrawn from the service territory of the Westside Rural Fire Protection District. the Annexation Territory shall remain within and served by the Ice Fountain Water District and Farmers Irrigation District upon annexation and shall not be withdrawn from these service districts until further notice and Council action.
Section 4. City Zoning. The Annexation Territory shall receive Hood River Zoning
(R-2 Urban Standard Density Residential) pursuant to the City’s acknowledged Comprehensive Plan and adopted land use regulations.
Section 5. Proportionate share of debt obligation. The Annexation Territory shall be subject to its proportionate share of debt for public obligations and shall be subject to real property tax assessment in the same manner as all other land within the City’s corporate boundaries.
Section 6. Recordation. The City Recorder shall cause to be recorded with the Hood River Clerk the fully executed original of this Ordinance.
Read for the First Time this February 27, 2017.
Read for the Second Time and approved March 1, 2017. This ordinance shall take effect on the 31st day following the second reading.
Paul Blackburn, Mayor
Jennifer Gray, City Recorder