ORDINANCE NO. 2045
AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN PROPERTY TO THE CITY OF HOOD RIVER AND REZONING THE SAME URBAN STANDARD DENSITY RESIDENTIAL ZONE (R-2) (Tanner Ranch/Kitts)
The Hood River City Council adopts the following findings:
WHEREAS, the Hood River City Council desires to annex approximately 4 acres of land within its Urban Growth Boundary and contiguous with the City’s current municipal boundary, generally described as Tax Lot 1300 on Hood River County Tax Map 3N-10E-35BC in the Southwest Quarter of the Northwest Quarter of Section 35 Township 3 North, Range 10 East, Willamette Meridian, Hood River County Oregon (with a street address of 212 29th Street Hood River, Oregon 97031, as illustrated in Exhibit A (the “Annexation Territory”), attached hereto and by this reference incorporated herein; and
WHEREAS, the City received a Petition to Annex pursuant to the so-called Triple Majority Method of ORS 222.170(1) signed by a majority of the owners of land in the Annexation Territory, representing more than half of the assessed value of all of the real property in the Annexation Territory consenting to the annexation of their land; and
WHEREAS, the Hood River Planning Commission approved the annexation request, subject to conditions of approval, at a public hearing on April 16, 2018 that complied with the public hearing requirements of ORS 222.120 and issued a written order dated May 7, 2018; and
WHEREAS, at its regular meeting on May 14, 2018, the City Council held a duly noticed public hearing on the annexation request, received the Planning Commission’s May 7, 2018 Findings, Decision and Recommendation (attached hereto as Exhibit B and incorporated herein by this reference), reviewed all of the documentation associated with this annexation proposal, and accepted public testimony; and
WHEREAS, at the conclusion of its May 14th public hearing, the City Council determined that the annexation request met the applicable requirements of ORS 222.170(1) and HRMC Chapter 17.15; the Council then voted unanimously to approve the annexation, and directed staff to prepare a suitable ordinance to effectuate the council’s decision; and
WHEREAS, the City Council finds that annexation of the Annexation Territory, as requested, plus all abutting public rights-of-way, is in the public's interest and accepts and adopts as its own the Findings of Fact, Conclusions of Law and Conditions of Approval set forth in the Planning Commission’s May 7, 2018 recommendation.
NOW THEREFORE, based on the foregoing Findings, the Hood River City Council ordains as follows:
Section 1 – Incorporation of Findings of Fact. The foregoing Findings are adopted and incorporated herein as part of this decision, as is the Planning Commission’s May 7, 2018 Findings, Decision and Recommendation, attached hereto as Exhibit B and incorporated herein by this reference.
Section 2 - Annexation. The following described real property, consisting of approximately 4 acres and located in the Southwest Quarter of the Northwest Quarter of Section 35 Township 3 North, Range 10 East, Willamette Meridian, Hood River County Oregon (Tax Lot 1300) as illustrated in Exhibit A, attached hereto and incorporated herein by this reference (the “Annexation Territory”), is hereby annexed and incorporated into the City of Hood River.
Section 3 – Annexation of abutting public rights-of-way. All federal, state, and County public rights-of-way within or abutting the Annexation Territory are hereby annexed and incorporated into the City of Hood River.
Section 4 - Land Use Designation and Zoning. All land within the Annexation Territory is hereby designated as Urban Standard Density Residential Zone (R-2). Any Urban Holding or Hood River County zoning designation within the Annexation Territory is hereby removed.
Section 5 - Assessment and Taxation. Land within the Annexation Territory shall be assessed and taxed by the City in the same manner as other similarly situated property within the City as of the effective date of this Ordinance.
Section 6 – Severability. If any portion of this ordinance is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other provision of this ordinance.
Section 7 –Transmittal. The City Recorder shall File a certified true copy of this Ordinance, with the Hood River County Board of Commissioners and the Hood River County Assessor.
Read for the first time by the Hood River City Council on July 9, 2018. Read for the second time and approved by the Hood River City Council on July 23, 2018. This Ordinance shall take effect on the 31st day following the second reading.
Paul Blackburn, Mayor
ATTEST: Approved as to form:
Jennifer Gray, City Recorder Daniel Kearns, City Attorney