Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . lc d. s tat e. or. us 
NOTICE OF ADOPTED AMENDMENT 
08/30/2011 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: City of Hood River Plan Amendment 
DLCD File Number 004-11 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday, September 15, 2011 
This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) 
only persons who participated in the local government proceedings leading to adoption of the amendment 
are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: Kevin Liburdy, City of Hood River 
Angela Lazarean, DLCD Urban Planning Specialist 
<paa> N 
J Î i 1 2 D L C D 
Notice of Adoption 
This Form 2 must b : mailed to DLCD within 5-Working Days after the Final 
Ordinance is signed by the public Official Designated by the jurisdiction 
and all other requirements of ORS 197.615 and OAR 660-018-000 
• n person QJ electronic QJ mailed 
A 
t 
E 
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T 
A 
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P 
d e p t O f 
*UG 2 6 
Jurisdiction: City of Hood River Local file number: 2011-14 
Date of Adoption: 8/22/2011 Date Maiied: 8/25/2011 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? £<] Yes • No Date: 6/14/2011 
• Comprehensive Plan Text Amendment • Comprehensive Plan Map Amendment 
Ö Land Use Regulation Amendment ^ Zoning Map Amendment 
• New Land Use Regulation ^ Other: Annexation 
Summarize the adopted amendment. Do not use technical terms Do not write "See Attached". 
Annexation of 3N 10E 35BD Tax Lot 1100 into the City of Hood River. 
Does the Adoption differ from proposal9 No, no explanation is necessary 
Plan Map Changed from: to: 
Zone Map Changed from: U-R-2 to: R-2 
Location: 1190 22nd St, Hood River, OR 97031;3N10E35BD#1100 Acres Involved: 0.35 
Specify Density: Previous: 5,000 s.f. min= New: 5,000 s.f. min. 
Applicable statewide planning goals: 
1 2 3 , 5 7 8 9 10 11 12 13 14 15 16 17 18 19 
Was an Exception Adopted? • YES Kl NO 
Did DLCD receive a Notice of Proposed Amendment... 
45-days prior to first evidentiary hearing? Yes • No 
If no, do the statewide planning goals apply? • Yes • No 
If no, did Emergency Circumstances require immediate adoption? • Yes • No 
0 0 4 - 1 1 ( 1 8 8 6 2 ) [ 1 6 7 4 3 ] 
DLCD file No. 
Please list all affected State or Federal Agencies, Local Governments or Special Districts: 
Westside Rural Fire Protection District, Ice Fountain Water District. Farmers Irrigation District. 
Locaf Contact: Kevin Liburdy 
Address: PO Box 27 
City: Hood River Zip: 97031-
Phone: (541) 387-5224 Extension: 
Fax Number £41-387-5289 
E-mail Address: kevin@ci,hood-river.or.us 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be mvived by DLCD no later than 5 working days after the ordinance has been signed M 
the public official designated by the jurisdiction to sign the approved ordinance(s) 
per ORS 197.615 and OAR Chapter 660. Division 18 
1. This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting the adopted amendment, please print a completed cop> of Form 2 on light green 
paper if available. 
3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the 
address below. 
4. Submittal of this Notice of Adoption must include the final signed ordinance(s). all supporting fmding(s), 
exhibil(s) and any other supplementary information lORS 197.615 ). 
5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) oy DLCD 
of the adoption (ORS 197.830 to 197.845 ). 
6. In addition to sending the Form 2 - Notice of Adoption to DLCD, please also remember to notify persons who 
participated n the local hearing and requested notice of the final decision, (ORS 197.615 ). 
7. Submit one complete paper copy \ la United States Postal Service, Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped with the incoming date stamp. 
8. Please ma ; i the adopted amendment packet to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 C APITOL STREET Nfi, SUITE 150 
SALEM, OREGON 97301-2540 
9. Need More Copies? Please prim forms on 8% -1/2x11 green paper only if a vailable. If you have any 
questions or would like assistance, pJeastr contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x238 or e-mail plan.amendmcntsifl state.or.us. 
http://ww w.oreg oirgov/L CD/forms.shtml Updated April 22,2011 
ORDINANCE NO. 2000 
(An ordinance proclaiming the annexation of certain contiguous territory located 
within the Urban Growth Boundary—Columbia Gorge Broadcasters, Inc.) 
WHEREAS, the owner of certain property contiguous to the City limits located 
in the Urban Growth Area has applied for connection to the City's sewer system, a copy 
of which application is attached as Exhibit A; 
WHEREAS, the property is legally described as set forth in the application and is 
located in Hood River County, State of Oregon (3N 10E 35BD #1100); 
WHEREAS, pursuant to HRMC Chapter 12.09, a request for connection to City 
water and/or sewer service for property located contiguous to City limits is considered a 
written consent to annexation; 
WHEREAS, the property owners provided their written consent to this 
annexation. There are no electors registered to vote at the property. This annexation was 
processed pursuant to ORS 222.125; 
WHEREAS, the property is located within the Westside Rural Fire Protection 
District, Farmers Irrigation District, and the Ice Fountain Water District and ORS Chapter 
222 provides for the withdrawal of territories from districts such as the Westside Rural 
Fire Protection District, Fanners Irrigation District, and Ice Fountain Water District upon 
annexation; 
WHEREAS, notice of the public hearing on the questions of annexation and 
withdrawal was published and posted as provided in ORS Chapter 222; 
WHEREAS, the Council concluded that the territory sought to be annexed should 
be annexed and withdrawn only from the Westside Rural Fire Protection District and Ice 
Fountain Water District as part of the proposed annexation; 
WHEREAS, the Council concluded that the territory sought to be annexed should 
remain within the Farmers Irrigation District upon annexation; 
WHEREAS, the City has the authority, within constitutional and statutory limits, 
to set the property tax rate at which annexed territories should be taxed; 
WHEREAS, the Planning Commission and the City Council have, in accordance 
with the procedures set forth in Chapter 17.15 of the Hood River Municipal Code, held 
public hearings (August 1, 2011 and August 8, 2011, respectively) to consider the 
annexation of the property into the City of Hood River and withdrawal of the Property 
from the Westside Rural Fire Protection District and the Ice Fountain Water District; 
W H E R E A S , the City Council considered the Planning Commission's record and 
recommendation, the Planning Department's Staff Report, and testimony presented, if 
any; 
i 
W H E R E A S , the City Council adopts the Planning Commission's Findings of 
Fact and Conclusions of Law set forth in the decision signed August 4, 2011 attached to 
this Ordinance as a part of Exhibit A and incorporated by reference as if fully set forth 
herein; 
NOW, THEREFORE, the City of Hood River ordains as follows: 
1. The Property described above is hereby proclaimed to be annexed to the 
City of Hood River, subject to the conditions in the decision signed on 
August 4, 2011, adopted herein. 
2. The Property described above is hereby withdrawn from the Westside 
Rural Fire Protection District and from the Ice Fountain Water District. 
3. The effective date of the annexation is the date of filing with the Secretary 
of State. 
4. The effective date for the withdrawal of the territory from the Westside 
Rural Fire Protection District is the date the annexation is effective. The 
effective date for the withdrawal of the territory from the Ice Fountain 
Water District will be July 1, 2012 (ORS 222.465). 
Read for the first time: August 8, 2011. 
Read for the second time and passed: August 22, 2011 to become effective thirty (30) 
days hence. 
Signed: August 22, 2011. 
Arthur Babitz, Mayor 
ATTEST: 
Je^njfef '3ray, City g e é o r d e c ^ ^ / 
2 
File # ¿ o i l - I H 
1 TT _ » » t i . 
RECEIVED 
L)ate Rec'd 
CITY OF HOOD RIVER APPLICATION v v 
ANNEXATION REQUEST and REQUEST for CONNECTIONHrtlGWIiffDEPARTMENT 
HOOD RIVER SEWER and/or WATER SERVICE 
Submit the completed application WITH TWELVE (12) ADDITIONAL COMPLETE COPIES 
and appropriate fees to the City of Hood River Planning Department, 301 Oak Ave. (P.O. 
Box 27), Hood River, OR 97031. Please note the review criteria attached to this application. If 
you have any questions, please contact the Planning Department at (541) 387-5210. 
APPLICANT: 
C o é c r q u b r c A J u v i * / * ; J n ^ . ¿ t t ^ t e t f c ' O t t i c i ) Name: 
Address: 
(physical) 
HooJ &vert OiL 3 7 0 3 / 
(mailing) I T ù ^ 
t b o J I L v t f . O r t - « 7 Q 3 ; 
(email) W A S f i / A o l ' C o s * ! 
Telephone: Z t U l Cell Phone: S V / 
Signature: ¥ 
PARCEL OWNER: (if different than applicant) 
Name: 
Address: 
(mailing) 
Telephone: Cell Phone: 
Signature: 
*Authorization of parcel owner required. 
PARCEL INFORMATION: 
Township Range ioB. Section 3 5 6 D TaxLot(s) n o o 
Current Zoning: K ' j L Parcel Size: 0 . 3 S " 
Property Location (cross streets or address): 
Existing Water Service, if any: C d ^ o f H o o d g N e r 
Farmers Irrigation: • Y E S g f NO Septic: [ v f Y E S • NO 
Is this a health hazard request for sewer connection? • Y E S O f NO 
If yes, Explain: 
EXHIBIT A 
ORDINANCE NO. 2000 
cile # Zó ) I - I f 
ee 
Date Rec'd 
Page 2 of 2 
ADDITIONAL PARCEL INFORMATION 
Please submit the following information with your completed application: 
RECEIVED 
MAY 0 9 2011 
PLANNING DEPARTMENT 
1. Assessor map (tax lot map) showing the location of your parcel. 
2. For contiguous parcels, a copy of the most recent deed to your property with 
complete legal description. 
3. Addresses of all dwellings and/or businesses located on the parcel and names, 
addresses, and ages of all residents and whether they are registered voters. 
In connection with this request to hook up to and receive water and/or sewer service from 
the City of Hood River, l/we hereby petition the Honorable Mayor and City Council of 
Hood River for annexation of the above-described property, l/we further desire that by 
this petition, the above-described property be annexed to and included within the 
corporate limits of the city of Hood river, Oregon, a municipal corporation, and l/we do 
hereby consent to such annexation without the necessity of any election being called 
within the area above described or a public hearing being held pursuant to ORS 222.125, 
and l/we do hereby consent to the City of Hood River taking such steps a necessary to 
determine whether or not the above-described property shall be annexed. 
If the City determines that the above-described property is to be annexed, at least 51% 
of the electors residing on the property will be required to sign a Consent to Annexation 
in order to complete the annexation process. 
If the City determines that the above-described property will not be annexed at this 
time, the property owner(s) will be required to execute and record a Consent to 
Annexation prior to connection to city water and/or sewer. 
REQUEST 
Water Service 
Signature 
BEFORE THE CITY OF HOOD RIVER PLANNING COMMISSION 
HOOD RIVER, OREGON 
In the matter of the annexation by ) 
Columbia Gorge Broadcasters, Inc. ) FINDINGS AND DECISION 
of a 0.35-acre parcel, File #2011-14) 
I. BACKGROUND: 
A. REQUEST: Annexation of one 0.35-acre parcel in order to connect to City of Hood River sanitary sewer 
facilities (see Attachments "A. 1 "-"A.2"). There is an existing radio station broadcasting facility on the 
site and the septic system failed. 
B. APPLICANT: Columbia Gorge Broadcasters, Inc. c/o Mylene Walden 
C. OWNERS: Columbia Gorge Broadcasters, Inc. 
D. PROPERTY LOCATION: The property is located at 1190 22nd Street. Legal Description: 3N 10E 
35BD Tax Lot #1100 (see Attachment "B", Location Map). 
E. PROPERTY SIZE: Approximately 0.35 acre 
F. SITE ZONING AND LAND USE: The property currently is in the Urban Growth Area and is zoned 
Urban Standard Density Residential (U-R-2). Upon annexation, the zoning will remain Urban Standard 
Density Residential (R-2). There is an existing radio station broadcasting facility on the site. 
G. SURROUNDING ZONING AND LAND USES: 
North: U-R-2, school 
South: U-R-2, single-family dwelling 
East: R-2, single-family dwellings 
West: U-R-2, vacant, broadcasting antenna 
H. APPLICABLE CRITERIA: 
• Hood River Municipal Code (HRMC) Section 17.09.040 - Quasi-Judicial Actions (Annexation) 
• HRMC Chapter 17.15- Annexation (Annexation) 
• Oregon Revised Statute (ORS) Sections 222.111 through 222.183 (Annexation) 
I. AGENCY COMMENTS: Affected agencies were notified of this request. The following comments 
were submitted in response to the notice prior to the public hearing: 
1. Westside Fire Protection District: See attached email dated 7/7/11 (Attachment "C") 
2. Farmer's Irrigation District: See attached letter dated 7/11/11 (Attachment "D") 
3. Ice Fountain Water District: See attached email dated 5/18/11 (Attachment "E") 
4. City Public Works and Engineering Dept.: No comments. 
J. ADJACENT PROPERTY OWNERS COMMENTS: Property owners within 250 feet of the subject 
site were notified of this request. No comments were submitted prior to the hearings. 
K. HISTORY: 
1. Application submitted May 9, 2011 
2. IGA meeting invitation emailed May 13,2011 
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3. DLCD Annexation Notice mailed June 14,2011 
4. Notice of Planning Commission & City Council hearings mailed July 6, 2011 
5. Planning Commission hearing held August 1, 2011 
6. City Council hearing to be held August 8, 2011 
7. Notice of decision for annexation mailed , 2011 
L. ATTACHMENTS: 
• Attachment "A. 1" - Aerial photograph of site and surrounding properties 
• Attachment "A.2" - City of Hood River zoning map and legend 
• Attachment "B" - Location Map 
• Attachment "C" - Ice Fountain Water District comments, 5/18/11 
• Attachment "D" - Westside Fire Protection District comments, 7/7/11 
• Attachment "E" - Farmer's Irrigation District comments, 7/11 /11 
H. FINDINGS OF FACT AND CONCLUSIONS OF LAW: 
A. CHAPTER 17.15 - ANNEXATION 
17.15.010 Introduction. It is the policy of the City of Hood River to promote orderly, efficient, and 
fiscally responsible annexation of territories in conjunction with urban growth or expected or desired 
urban growth within the urban growth area. Accordingly, the City shall annex property where: 
1. The proposed annexation represents the natural extension of the existing City boundary consistent 
with urban growth; 
2. The proposed annexation would not, when developed or as developed, unreasonably limit the ability 
of the City to provide a level of services to City residents consistent with community needs and the 
financial capabilities of the City, as determined by the City; 
3. The proposed annexation would not cause the City to pledge extension of services beyond its 
resources so as to result in a deficit operation of the service; 
4. The proposed annexation would serve the interests of the entire community and not solely the interests 
or convenience of those within the territory proposed to be annexed. 
FINDINGS: The eastern property line of the subject site abuts the City Limits and, as such, the 
annexation is a natural extension of the City boundary consistent with urban growth. Pursuant to the 
City's Intergovernmental Agreement (IGA) with the special districts (i.e. West Side Rural Fire Protection 
District, Ice Fountain Water District, Farmer's Irrigation District), the districts were invited to a meeting 
on May 13,2011, to discuss the annexation. Representatives of the districts determined that a meeting 
was not necessary and instead submitted written comments. Comments from the special districts 
(Attachments "C," "D," and "E") are incorporated herein by reference. 
The City of Hood River currently provides water to the subject property. As such, no compensation is due 
to the Ice Fountain Water district for infrastructure, debt service or lost revenue. The site will be 
withdrawn from the West Side Rural Fire Protection District (WSFD) in association with this annexation, 
and the applicant will be responsible for compensation to the WSFD based on lost revenue. The site will 
remain in the Farmer's Irrigation District. The City will provide fire- and police services to the annexed 
property. The impact on the City's ability to provide services, as well as the financial impact to the City, 
is addressed below in HRMC 17.15.060. 
17.15.020 Application and Process. An annexation may be proposed by the City of Hood River, 
landowners, or a group of residents and shall include the following elements: 
1. Preliminary plans and specifications, drawn to scale, showing the actual shape and dimensions of the 
property to be annexed and the existing and proposed land uses and residential density. City and 
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County zoning in the proposed territory, as shown on a vicinity map, and contiguous lands must also 
be indicated. 
2. Comprehensive statement of reasons in support of the annexation addressing the applicable 
annexation criteria. 
3. Completed certifications of property ownership, registered voter status, map, and legal description. 
FINDINGS: The annexation application generally includes the required information. The site is used as 
a radio station broadcasting facility by Columbia Gorge Broadcasters, Inc., for KIHR radio (county tax 
records indicate the site is used for an office). Commercial uses are not pennitted in the county's current 
U-R-2, Urban Growth Area Urban Standard Density Residential Zone. County planning department 
records do not verify the date the radio station was established in this residential zone, but the county does 
have records of a building permit for an addition to the radio station in 1976 (Permit No. 76-124) as well 
as a certificate of occupancy. As such, the radio station broadcasting facility is considered a legal, non-
conforming use. A change of use is not proposed at this time. 
The site is currently provided with water service by the City of Hood River. An existing septic system 
serving the site recently failed. Because a City sewer line is located within 300 feet of the subject 
property, state law (OAR 340-071-0160) requires that the property connect to the City's sewer system 
rather than replace the septic system. Further, City policies require property to be annexed into the City 
Limits in order to obtain sewer service (or to record a "consent-to-annexation" document if the property 
is not contiguous to the City Limits). As such, the applicant applied for annexation in order to connect 
to the City's sewer system. The application is generally consistent with these requirements. 
17.15.030 Filing Fees. Fees for filing for annexation requests shall be set by City Council resolution. 
FINDINGS: The applicant submitted a filing fee as set by City Council resolution. 
17.15.040 Planning Commission Review. The Planning Commission shall review the application in 
a public hearing and forward a recommendation with findings to the City Council who will conduct a 
public hearing according to the Quasi-Judicial Hearing Procedures or Legislative Hearing Procedures 
(Chapter 17.09), whichever is applicable. 
FINDINGS: The Planning Commission is reviewing the request for annexation and will make a 
recommendation with findings to the City Council. The City Council will then conduct a Quasi-Judicial 
public hearing and will make a decision on the annexation application. 
17.15.050 Evaluation Criteria - Developed Land. Prior to approving a proposed annexation of 
developed land, affirmative findings shall be made relative to the following criteria: 
FINDINGS: There is an existing radio station broadcasting facility on the site. As such, the following 
criteria are applicable: 
1. The territory is contiguous to the city limits and within the Urban Growth Area; 
FINDINGS: The subject property is located within the Urban Growth Area and its eastern property line 
is separated from the City Limits by public right-of-way for 22nd Street (Attachment "A.2"). The property 
is contiguous to the City Limits pursuant to ORS 222.111(1) which states: "... the boundaries of any city 
may be extended by the annexation of territory that is not within a city and that is contiguous to the city 
or separated from it only by a public right of way...." As such, the proposal is consistent with this 
criterion. 
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2. The annexation represents the natural extension of the existing City boundary to accommodate urban 
growth; 
FINDINGS: The subject property was designated for location inside the Urban Growth Area in 1980 
when the City-Westside Comprehensive Plan was adopted by the County Board of Commissioners 
(Ordinance #102). The City was required by the State of Oregon Land Conservation and Development 
Commission (LCDC) to designate sufficient amounts of urbanizable land to accommodate future 
expansion. The Urban Growth Boundary was adopted by the City Council and LCDC in 1983 and zoned 
for future urban uses. The subject site is adjacent to property that is developed at an urban level for 
residential uses in the City limits. As such, the proposal is consistent with this criterion. 
3. The annexation of the territory is compatible and consistent with the rational and logical extension of 
utilities and roads to the surrounding area; 
FINDINGS: The property abuts 22nd Street along the eastern property line. No new roads are 
proposed to serve the site and no new development is proposed. The City sewer system serves 
properties located immediately east of the site, and the City is currently providing water service to the 
site. As such, the proposal is consistent with this criterion. 
4. The City is capable of providing and maintaining its full range of urban services to the territory 
without negatively impacting the City's ability to adequately serve all areas within the existing city 
limits; 
FINDINGS: Annexation and connection to the City's sanitary sewer facilities will result in additional 
demand on City services including maintenance of sanitary sewer lines. Sewer can be provided without 
negatively impacting service elsewhere because the City Wastewater Treatment Plant is designed to 
accommodate the Urban Growth Area. The City Public Works Department determined that sanitary sewer 
service facilities are adequate to serve the site and, due to the emergency nature of the applicant's situation 
(i.e. failing septic system), permitted connection to the City's sewer system following submittal of the 
annexation application and a signed "consent to annexation" document. The City already provides water 
service to the site and annexation will have no effect on water service to other areas of the city. 
Annexation will result in increased demand for service by the City's Fire- and Police Departments, 
however, these departments already provide service to properties immediately east of the site. In addition, 
the City's Fire- and Police Departments typically coordinate with the West Side Rural Fire Protection 
District and the Hood River County Sheriff to ensure adequate service in the Urban Growth Area. 
The annexation will result in no additional impact to City streets at this time. The applicant will be 
required to reimburse special districts for costs associated with annexation. User fees will offset 
maintenance costs. As such, the proposal is consistent with this criterion. 
5. The fiscal impact of the annexation is favorable, as determined by the City of Hood River, either upon 
approval or because of existing development; 
FINDINGS: The permanent tax rate for the City of Hood River is $2.8112 per thousand dollars of 
assessed valuation. As such, the City will receive approximately $281.12 in annual general fund revenue 
for each $100,000 of valuation. 
The City's sewer- and water funds are not in deficit (the deficit is in the City's general fund, which does 
not affect provision of those services). Pursuant to the City's IGA with West Side Rural Fire Protection 
District, the City is required to compensate the District for five years of lost property tax revenue. 
Pursuant to the City's IGA with Ice Fountain Water District, the City is typically required to compensate 
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the District for three years of lost revenue, user fees, infrastructure and debt service (not in this case 
because the city has been providing water service to the site). Pursuant to resolution of the City Council 
(Resolutions 2005-12 and 2008-18), the applicant will be required to reimburse the City for these costs as 
a condition of approval. Therefore, there will be no negative impact to the City associated with the costs 
of compensating the Districts. 
As addressed in the Consent to Annexation recorded by the applicant (Hood River County Document No. 
2011-01577), the applicant will be responsible compensating the City for costs associated with withdrawal 
of the property from special districts. There are no costs anticipated in association with withdrawal from 
the Ice Fountain Water District because the City of Hood River already provides water service to the site. 
Costs associate with withdrawal from the West Side Fire District are anticipated to be a total of 
approximately $556.96 for five years of lost property tax revenue. As such, conditions of approval are 
recommended that the property owners and their heirs, successors and assigns shall compensate 
the City of Hood River for the costs associated with the withdrawal of the subject property from 
special districts including the West Side Rural Fire Protection District pursuant to the applicable 
intergovernmental agreements. The City of Hood River will send a bill to the applicant in 
November of 2011. Payment will be due to the City of Hood River no later than December 31, 
2011. The applicant may set up a payment plan pursuant to the terms of the City of Hood River. 
Annexing the property will result in City collection of franchise fees from Pacificorp, Northwest 
Natural Gas, Charter Cable, Hood River Electric Co-op, and/or Hood River Garbage Service. Franchise 
fees go into the City's general fund. If franchise fees for the property total approximately $150 per 
month and the City receives 4% of these fees, the City will collect approximately $72 per year from 
franchise utilities ([$150 x 12] x 4% = $72). 
The following comparison estimates the fiscal impact if the property is annexed versus remaining in the 
UGA under the County's jurisdiction. 
Fiscal Impact 
If annexed 
Sanitary sewer SDCs ($1,508) = $1,508 
Annual sanitary sewer fees ($48 x 12) = $576 
Annual storm sewer fees ($2.50 x 12) = $30 
Water SDCs ($3,883/unit) = none, already served by City 
Annual water ($27.38 x 12) = $328.56 
Annual franchise Fees: Approximately $72 
Existing estimated annual property tax (AV = $127,020): $357.08 
Fiscal Impact 
If not annexed 
none 
none 
none 
none 
none 
Loss of approximately $72 
Loss of $357.08 
• Total one time SDCs and fees collected by the City - $1,508 
• Total annual fees collected by the City if annexed - Approximately $1,363.64 
As such, the fiscal impact of the annexation is favorable and the proposal is consistent with this criterion. 
6. The proposed annexation does not negatively impact nearby properties, whether located within the 
city limits or the urban growth area; and 
FINDINGS: The criteria detailed above address the growth of the City, extension of City services, 
financial impact, and ability to continue to provide services to existing residents. Other issues associated 
with annexation include potential future uses of the property and how those uses might affect nearby 
properties. 
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The subject property has been located inside the City's Urban Growth Area (UGA) since 1983 and has 
been zoned for future urban uses since that time. Annexation of property in the UGA is consistent with 
the City's Comprehensive Plan. The subject site is adjacent to property that is developed at an urban level 
for residential uses in the City limits. Because the zoning of the property following annexation (R-2) will 
remain consistent with the existing County zoning designation (U-R-2), nearby properties are not expected 
to be adversely affected by the annexation. 
Although the County has adopted the City's zoning ordinance for application in the UGA, it remains to the 
City's advantage to control the growth and development of the subject property because it will have a 
direct impact on City sewer, water, stormwater and transportation infrastructure. In addition, it is to the 
City's fiscal advantage to control future development on the subject property because it will generate 
additional revenue through collection of System Development Charges and utility fees. As such, the 
proposal is consistent with this criterion. 
7. The annexation conforms to the Comprehensive Plan. 
FINDINGS: Generally, the City's Comprehensive Plan does not contain approval standards. Therefore, 
compliance with the Comprehensive Plan is achieved through compliance with the City's ordinances. 
Goal 1: Citizen Involvement 
This Goal is satisfied through provisions in the acknowledged Comprehensive Plan and Zoning Ordinance 
that provide for citizen participation including public hearings. This application has been processed 
pursuant to those provisions. Notices have been mailed to property owners and agencies, posted in 
appropriate locations and included in the Hood River News. Public hearings are held before the Planning 
Commission and City Council before a decision is reached. 
Goal 2: Land Use Planning 
The Comprehensive Plan and Zoning Ordinance provide a land use planning process and policy 
framework as the basis for all decision and actions relating to the use of land. This Goal is satisfied by 
following the Zoning Ordinance including applicable procedures for processing this application and 
conducting public hearing related to the application. 
Goal 3: Agricultural Land 
This goal is not applicable as the property is located within the City's Urban Growth Area and is not 
considered agricultural land. 
Goal 4: Forest Land 
This goal is not applicable as the property is located within the City's Urban Growth Area and has been 
"excepted" from the County's resource base. 
Goal 5: Open Spaces, Scenic and Historic Areas and Natural Resources 
The County has adopted the City's ordinances for use in the UGA. Although the County has not adopted 
the City's Goal 5 Ordinance (1874), there are no known Goal 5 resources on the subject site. 
Goal 6: Air, Water and Land Resources Quality 
This application does not increase or decrease the air, water and land resource qualities of the area because 
it does not directly result in any additional development. 
Goal 7: Natural Disasters 
This site is not in a floodplain, does not include slopes greater than 25%, does not contain any 
environmental protection areas and has no designated geologic hazard areas within its boundaries. 
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Goal 8: Recreational Needs 
Goal 8, Policy 6 states: "As parcels of land are annexed from the UGA into the City, some land will be 
designated Open Space/Public Land for the development of new parks and public facilities, including 
access ways, to serve the recreational needs of the community." 
The following parks and open spaces are identified in the Hood River Valley Parks and Recreation 
District's Capital Facilities Master Plan1: 
Open space areas in the City: 
"Morrison Park" 13.54 acres 
Indian Creek Trail 14.12 acres 
"Elloit Park" 11.8 acres 
"Waucoma Park" 0.5 acre 
Wells Island (portion) 18 acres 
Parks in the City: 
Waterfront Park 6.45 acres 
Jackson/Friendship Park 9.19 acres 
Children's Park 1.24 acres 
Wilson Park 1.05 acres 
Tsuruta Park 0.87 acre 
Mann Park 0.48 acre 
Coe Park 0.34 acre 
Memorial Overlook and Rose Garden 0.4 acre 
Aquatic Center (HRVPRD) 0.94 acre 
Jaymar (HRVPRD) 2.77 acres 
Rotary Skate Park (HRVPRD) 2.71 acres 
Culbertson Park (HRVPRD) 0.6 acre 
Hazelview (HRVPRD) 0.35 acre 
Marina Park and Event Site (Port) 9.5 acres 
Georgiana Smith (County) 0.5 acre 
Total park lands = approximately 37.39 acres (does not include schools) 
Total open space lands = approximately 57.96 acres 
Total park and open space lands = approximately 95.35 acres 
According to a "Best Development Practice2" that is intended to ensure adequate park and open space 
lands are available, 1.5 acres of park and open space are recommended per 1,000 population. Based 
upon such practice, a minimum of 10.77 acres of park and open space is required to serve the city's 
current population of approximately 7,180 residents (7,180/1000 = 7.18 x 1.5 = 10.77 acres of open 
space/park land needed). As detailed above, currently there are greater than 95 acres of parks and open 
space areas in the city. 
The Hood River Valley Park and Recreation Capital Facilities Master Plan provides a different 
methodology for provision of parks and open space based upon Level of Service and Service Radius. This 
plan details the locations of needed neighborhood and mini-parks inside the UGA. The plan does not 
recommend development additional parks in the vicinity of the subject site. As such, development of a 
' Hood River Valley Parks & Recreation District/City of Hood River "Parks & Recreation Capital Facilities Master Plan", Don Ganer & Associates, 1998. 
2 Ewing, Reid "Best Development Practices", American Planning Association, 1996. Page 35. 
WServer-1 VData\Planning\Annex\2011 '-2011-14 Col Gorge Broadcasters'. 11-14 ANX Col Gorge Broadcasters decision.doc 7 
park or open space on the subject site is not recommended at this time. The proposed annexation is 
consistent with this criterion. 
Goal 9: Economy of State 
This Goal requires the City to ensure that there is adequate land with public services provided to meet the 
needs for economic growth and development. The property is zoned for residential use. As such, this goal 
is not applicable. However, there is an existing commercial radio broadcasting facility on the site that will 
continue to operate as a legal, non-conforming use following annexation. 
Goal 10: Housing 
The subject property was included within the buildable lands inventory for the City/UGA, and will remain 
zoned for housing. 
Goal 11: Public Facilities 
The proposal's effect on public facilities is addressed above in HRMC 17.15.060. Based upon those 
findings, the annexation of the subject property is consistent with Goal 11. 
Goal 12: Transportation 
Following annexation, any subsequent development will be required to comply with the City's 
Transportation System Plan. 
Goal 13: Energy Conservation 
Annexation and development of lands located close to existing services generally promotes energy 
conservation. Increased residential densities near collector streets such as 22nd Street are expected to 
facilitate additional transportation alternatives in the future, such as mass transit. 
Goal 14: Urbanization 
The subject property is located within the Urban Growth Area, as such, and annexation of property is 
consistent with the City's Comprehensive Plan, 
17.15.060 Evaluation Criteria - Undeveloped Land. 
FINDINGS: There is an existing radio station broadcasting facility on the property. As such, these 
criteria are not applicable. 
17.15.070 Evaluation Criteria - Fiscal Impact. The following factors are to be taken into 
consideration when determining fiscal impact for both developed and undeveloped land and may include, 
but are not be limited to: 
1. The additional revenues, if any, available to the City as a result of the annexation; 
2. Whether any unusual or excessive costs will be incurred as a result of the annexation; and 
3. The impact on the City's tax base, if any, as a result of the annexation. 
FINDINGS: The findings above in HRMC 17.15.050(5) address fiscal impacts. Costs associated with 
reimbursing special districts will be paid by the applicant as well as neighboring property owners who 
benefit from this infrastructure when they annex and develop their properties. As such, no unusual or 
excessive cost will be incurred by the applicant as a result of the annexation. The impact on the City's 
tax base as a result of annexation is expected to be favorable. As such, the proposal is consistent with 
these evaluation criteria. 
17.15.080 Evaluation Criteria - Urban Service Capabilities. 
A. The municipal service needs, if any, of the territory to be annexed, including those of police and fire 
protection, public sewer and water supply facilities, street improvement and/or construction, and such 
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other municipal services as may reasonably be required. Both short term and long term plans for all 
services shall be addressed. 
B. The projected costs of supplying reasonably needed municipal services to the territory proposed to be 
annexed. 
FINDINGS: This provision contains factors to be taken into consideration when evaluating urban 
service capabilities. The findings above in 17.15.050(4) address these criteria. In association with 
future development of the site, the developer may be required to construct improvements to the site's 
22nd Street frontage to meet City standards. The developer will be required to pay all costs associated 
with withdrawing the existing property from the Special Districts as well as providing adequate public 
facilities. As such, the proposal is consistent with these evaluation criteria. 
ORS 222.111 Authority and procedure for annexation. (1) When a proposal containing the terms of 
annexation is approved in the manner provided by the charter of the annexing city or by ORS 222.111 
to 222.180 or 222.840 to 222.915, the boundaries of any city may be extended by the annexation of 
territory that is not within a city and that is contiguous to the city or separated from it only by a public 
right of way or a stream, bay, lake or other body of water. Such territory may lie either wholly or 
partially within or without the same county in which the city lies. (2) A proposal for annexation of 
territory to a city may be initiated by the legislative body of the city, on its own motion, or by a petition 
to the legislative body of the city by owners of real property in the territory to be annexed. (3) The 
proposal for annexation may provide that, dining each of not more than 10 full fiscal years beginning 
with the first fiscal year after the annexation takes effect, the rate of taxation for city purposes on 
property in the annexed territory shall be at a specified ratio of the highest rate of taxation applicable 
that year for city purposes to other property in the city. The proposal may provide for the ratio to 
increase from fiscal year to fiscal year according to a schedule of increase specified in the proposal; but 
in no case shall the proposal provide for a rate of taxation for city purposes in the annexed territory 
which will exceed the highest rate of taxation applicable that year for city purposes to other property in 
the city. If the annexation takes place on the basis of a proposal providing for taxation at a ratio, the city 
may not tax property in the annexed territory at a rate other than the ratio which the proposal authorizes 
for that fiscal year. (4) When the territory to be annexed includes a part less than the entire area of a 
district named in ORS 222.510, the proposal for annexation may provide that if annexation of the 
territory occurs the part of the district annexed into the city is withdrawn from the district as of the 
effective date of the annexation. However, if the affected district is a district named in ORS 222.465, 
the effective date of the withdrawal of territory shall be determined as provided in ORS 222.465. (5) 
The legislative body of the city shall submit, except when not required under ORS 222.120, 222.170 
and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the territory proposed 
for annexation and, except when permitted under ORS 222.120 or 222.840 to 222.915 to dispense with 
submitting the proposal for annexation to the electors of the city, the legislative body of the city shall 
submit such proposal to the electors of the city. The proposal for annexation may be voted upon at a 
general election or at a special election to be held for that purpose. (6) The proposal for annexation 
may be voted upon by the electors of the city and of the territory simultaneously or at different times 
not more than 12 months apart. (7) Two or more proposals for annexation of territory may be voted 
upon simultaneously; however, in the city each proposal shall be stated separately on the ballot and 
voted on separately, and in the territory proposed for annexation no proposal for annexing other 
territory shall appear on the ballot. 
FINDINGS: The proposed annexation is for property that is contiguous to the city (separated only be 
public right-of-way). The owner of the property is the petitioner for the annexation. The rate of 
taxation will be consistent with these requirements. The territory to be annexed is a part of districts 
named in ORS 22.510 including the West Side Rural Fire Protection District, Ice Fountain Water 
District, and Farmer's Irrigation District, and will be withdrawn from the West Side Fire District and 
Ice Fountain Water District as of the effective date of the annexation. As addressed below, the City is 
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not obligated to submit the annexation request to the electors. As such, the proposal is consistent with 
these requirements. 
QRS 222.120 - Procedure without election by city electors; hearing: ordinance subject to referendum. 
(1) Except when expressly required to do so by the city charter, the legislative body of a city is not 
required to submit a proposal for annexation of territory to the electors of the city for their approval or 
rejection. (3) The city legislative body shall cause notice of the hearing to be published once each week 
for two successive weeks prior to the day of hearing, in a newspaper of general circulation in the city, 
and shall cause notices of the hearing to be posted in four public places in the city for a like period. (4) 
After the hearing, the city legislative body may, by an ordinance containing a legal description of the 
territory in question: (b) Declare that the territory is annexed to the city where electors or landowners in 
the contiguous territory consented in writing to such annexation, as provided in ORS 222.125 or 
222.170, prior to the public hearing held under subsection (2) of this section. (5) If the territory 
described in the ordinance issued under subsection (4) of this section is a part less than the entire area 
of a district named in ORS 222.510, the ordinance may also declare that the territory is withdrawn from 
the district on the effective date of the annexation or on any subsequent date specified in the ordinance. 
FINDINGS: The City Charter does not require the City Council to submit a proposal for annexation to 
the voters. This annexation is not being submitted to the voters; instead, public hearings on the 
annexation are being held in accordance with the requirements of this statute. Notice of the public 
hearings was published in accordance with ORS 222.120, including being published once each week 
for two successive weeks prior to the date of the City Council hearing in the Hood River News, and 
posting of notices of the hearing in four public places in the city for the same period of time. 
This annexation request includes withdrawal of territory from districts named in ORS 222.510 (West 
Side Rural Fire Protection District and Ice Fountain Water District). Pursuant to ORS 222,111 (5), the 
effective date of withdrawal from West Side Fire and Ice Fountain Water District will be the effective 
date of the annexation. As such, the proposal is consistent with these requirements. 
ORS 222.125 Annexation by consent of all owners of land and majority of electors. The legislative 
body of a city need not call or hold an election in the city or in any contiguous territory proposed to be 
annexed or hold the hearing otherwise required under ORS 222.120 when all of the owners of land in 
that territory and not less than 50 percent of the electors, if any, residing in the territory consent in 
writing to the annexation of the land in the territory and file a statement of their consent with the 
legislative body. Upon receiving written consent to annexation by owners and electors under this 
section, the legislative body of the city, by resolution or ordinance, may set the final boundaries of the 
area to be annexed by a legal description and proclaim the annexation, 
FINDINGS: Written consent to the annexation must be provided by the owner and not less than 50% 
of the residents who are registered to vote at this address. Records of the Hood River County Elections 
office indicate that there are no voters registered at the subject site address. The property 
owner/representative signed the application form. As such, the proposal is consistent with these 
requirements. 
ORS 222.180 Effective date of annexation, (1) The annexation shall be complete from the date of filing 
with the Secretary of State of the annexation records as provided in ORS 222.177 and 222.900. 
Thereafter the annexed territory shall be and remain a part of the city to which it is annexed. The date 
of such filing shall be the effective date of annexation. 
FINDINGS: The public hearing for this annexation will take place before the City Council. If 
approved, the City Council will read the ordinance approving the annexation and withdrawing the 
territory from West Side Rural Fire Protection District and Ice Fountain Water District for the first time 
'.'•.Server-1 \Data\PIanningl'Anjiex\201IV2011-14 Col Gorge Broadcasters',11-14 ANX Col Gorge Broadcasters decision.doc 10 
(and second time if a full Council is present) by title only. After the second reading, the ordinance will 
be transmitted to the Secretary of State for filing. Pursuant to ORS 222.180, the effective date of the 
annexation is the date it is filed with the Secretary of State. 
222.183 Notice of annexation when effective date delayed for more than one year. (1) If the effective 
date of an annexation is more than one year after the date of a proclamation of annexation, the city, 
through its recorder or other city officer or agency performing the duties of recorder under this section, 
shall send notice to the county clerk of each county within which the city is located. The notice shall be 
sent not sooner than 120 days and not later than 90 days prior to the effective date of the annexation. 
(2) The notice described in subsection (1) of this section shall be in addition to any other notice or 
filing required under ORS 222.010 to 222.750. 
FINDINGS: As addressed above, the effective date of annexation will be the date the annexation is filed 
with the Secretary of State. The annexation will be filed with the Secretary of State less than one year 
from the date of proclamation of annexation. 
m . RECOMMENDATION AND CONDITIONS: Based on the above Findings of Fact, the planning 
commission recommends approval of the annexation subject to the following conditions: 
1. The effective date for the annexation shall be the date is the date it is filed with the Secretary of State, 
except for purposes of ORS 308.225. Pursuant to ORS 222.465, because the ordinance will be enacted 
or approved after March 31, 2011, the effective date of the withdrawal from West Side Rural Fire 
District and Ice Fountain Water District will be July 1, 2012. 
2. Annexation and withdrawal from West Side Rural Fire Protection District and Ice Fountain Water 
District is required as a condition of connection to City services. All annexation and withdrawal fees 
are the responsibility of the applicant. 
3. The property owners and their heirs, successors and assigns shall compensate the City of Hood River 
for the costs associated with the withdrawal of the subject property from the special districts including 
the West Side Rural Fire Protection District pursuant to the applicable intergovernmental agreements. 
The City of Hood River will send a bill to the applicant in November of 2011. Payment will be due to 
the City of Hood River no later than December 31, 2011. The applicant may set up a payment plan 
pursuant to the terms of the City of Hood River. 
4. The applicant/property owner is responsible for knowledge of existing easements and property lines. This 
approval does not condone nor require interference with existing easements, covenants, deeds or 
restrictions of record which affect this or adjacent properties. 
5. Failure to comply with these conditions will nullify this permit. 
IV. DECISION: Commissioner Hollatz moved and Commissioner Reinhard seconded a motion to recommend 
approval of the annexation by the city council based upon the above Findings of Fact and subject to the 
Conditions of Approval of this Final Order. The motion passed with a 5 - 0 vote. 
o' 
APPROVED BY THE CITY OF HOOD RIVER PLANNING COMMISSION the V ^ dav 
a 
Rate McBride, Chair 
ATTEST: 
Kevin anner I 
WServer-1 VData\Planning\Annex\2011 '-2011-14 Col Gorge Broadcasters'. 11-14 ANX Col Gorge Broadcasters decision.doc 11 
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Kevin Liburdy 
From: ifwater@hrecn.net 
Sent: Wednesday, May 18, 2011 1:37 PM 
To: Kevin Liburdy 
Subject: RE: Annexation of Col Gorge Broadcasters Property ,1190 22nd Street, 3N 10E 35BD #1100 
Kevin, 
I apologize for not getting back to you sooner, Ice Fountain Water District has no issues with this 
annexation. It meets the criteria of the agreement. Thank you and have a good day. 
Mark 
Ice Fountain Water District 
Original Message 
From : Kevin Liburdy[mailto:Kevin@ci.hood-river.or.us] 
Sen t : 5/18/2011 11:20:17 AM 
T o : ifwater@hrecn.net 
Cc : 
Subjec t : RE: Annexation of Col Gorge Broadcasters Property, 1190 22nd Street, 3N 10E 35BD 
#1100 
Mark, 
I understand IFWD is not currently serving this property but please let me know if there is anything I 
should be aware of. I've heard from Jim and Rick, neither request a meeting. 
Thanks, Kevin 
BTW, congrats on carrying 100% of the votes for your position at WSFD. 
From: Kevin Liburdy 
Sent: Friday, May 13, 2011 5:21 PM 
To: 'ifwater@hrecn.net'; 'Jim Trammell'; 'rick@fidhr.org' 
Cc: Bob Francis 
Subject: Annexation of Col Gorge Broadcasters Property , 1190 22nd Street, 3N 10E 35BD #1100 
Gentlemen, 
We received an application for annexation due to a failing septic system at the above-reference property. 
Are you available to meet with me next Thursday or Friday (5/19 or 5/20)? If you would prefer, I would be 
happy to take your comments via email. 
Please let me know if you have any questions or need any additional information at this time. 
Sincerely, 
Kevin Liburdy 
Senior Planner 
City of Hood River 
541-387-5224 
541-387-5289 (fax) 
5/18/2011 
ATTACHMENT "C" 
FILE #2011-14 
Kevin Liburdy 
From: Jim Trammell [wsfd502@gorge.net] 
Sent: Thursday, July 07, 2011 2:23 PM 
To: Kevin Liburdy 
Subject: 2011-14 
The Fire District has no comments. 
Can you forward the payout calculations for this annexation and if the fees will be paid by the City or the 
applicant. 
Thanks 
Jim Trammell 
Fire Marshal 
Westside RFPD 
1185 Tucker Road 
Hood River, OR 97031 
W 541 386 1550 
F 541 386 7228 
wsfd502@gorge.net 
westsidefire.com 
5/7/2011 
ATTACHMENT "C" 
FILE #2011-14 
Kevin Liburdy 
From: Rick Brock [rick@fidhr.org] 
Sent: Monday, July 11, 2011 1:36 PM 
To: Kevin Liburdy 
Subject: CGB Annexation 
Hi Kevin, 
At this time Farmers Irrigation District will continue to serve water into annexed areas. 
Thank you for notification of this matter. 
Rick Brock 
Farmers Irrigation District 
Water Right Specialist 
541-387-5263 
rick@fidhr.org 
5/12/2011 
ATTACHMENT "C" 
FILE #2011-14 
LEGAL DESCRIPTION OF COLUMBIA GORGE BROADCASTERS, INC., ANNEXATION 
3N 10E 35BD #1100 
That portion of Lot 9, ADAMS PARADISE ACREAGE, in the County of Hood River and State 
of Oregon, more particularly described as follows: 
Beginning at the Northeast corner of said Lot 9; thence South along the East line of said Lot 9 a 
distance of 100 feet; thence West parallel with the North line of said Lot 9 a distance of 170 feet; 
thence North parallel with the East line of said Lot 9 a distance of 100 feet to the North line of 
said Lot 9; thence East along the North line of said Lot 9 a distance of 170 feet to the place of 
beginning; EXCEPTING THEREFROM, however, the East 30 feet thereof heretofore dedicated 
for public road and utilities purposes. 
First Class Mail 
I j e i A i s s e i o i s j y 
4 
Attn: Plan Amendment Specialist 
Dept Land Conservation & Devlpmt 
635 Capitol St NE, Suite 150 
Salem, OR 97301-2540 4