1998-14067-Order No. 98-043 Recorded 3/27/199814�s� V164`¢269 1 REVIEWED
98
cj
BEFORE THE COUNTY COMMISSIONERS OF DESCHUTES COUNTY.2-SO INSTI.
ORDER NO. 98-043
An Order Reopening the Record
in CU -97-111 and PA -97-12
WHERAS, the Board of County Commissioners held a de novo hearing on March 4, 1 A tem a
land use application submitted by the City of Bend; and q
WHEREAS, the Board left the record open for one week after the close of the hearing to 5:00
p.m. on Wednesday March 11, 1998 without giving the applicant an opportunity to submit written rebuttal
to the issues raised in testimony as required by Deschutes County Code 22.24.140(D); and
WHEREAS, Commissioner Nipper attended a March 12, 1998 meeting at which the applicant and
other parties to this proceeding were present and where issues relating to the subject application may have
been discussed; and
WHEREAS, these developments require that the record in this matter be reopened as set forth
herein; now therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. Pursuant to Deschutes County Code 22.24.160(D), the Board hereby reopens the record
to allow the applicant to submit written rebuttal on the issues raised in the written testimony submitted by
opponents during the time period of March 5, 1998 through March 11, 1998. Applicant shall submit any
written rebuttal to Planning Division by 5:00 p.m. April 1, 1998. No oral rebuttal will be allowed.
Section 2. In addition, the Board will reopen the record to allow Commissioner Nipper to state for
the record the substance of his observations of the March 12, 1998 meeting, to allow the parties to seek
clarification of his observations and to allow for rebuttal by the parties of any facts in issue in this
proceeding that may have been brought to Commissioner Nipper's attention at that March 12, 1998
meeting that were not previously raised in the March 4, 1998 hearing. The record will be reopened for this
purpose at a public meeting on April 1, 1998 at which time oral testimony consistent with this order will be
considered. If necessary, additional time for written rebuttal may be allowed to those who appear at the
April 1, 1998 hearing.
DATED this 25`h day of March, 1998.
ATTEST:
Recording Secretary
LiTWA L. SWEARINGEN, Commissioner
MICROMVEM
APR 0x.1998
PSP � "f `►99