2004-1310-Order No. 2004-087 Recorded 10/26/2004DESCHUTES COUNTY OFFICIAL RECORDS CJ 2004.1310
NANCY BLANKENSHIP, COUNTY CLERK
REVIEWED COMMISSIONERS' JOURNAL 10/26/2004 04;04;58 PM
LEGAL COUNSEL IIIIIIII IIIIIIIIIIIIIIIIII II III
2004-1310
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
Calling up for review the Hearings Officer's
decision on an appeal from a hearings officer's
2003 decision approving the applicant's request
for conditional use and site plan approval to
relocate certain existing solid waste disposal
facilities at the Knott Landfill to a 70-acre portion
of the 365-acre county-owned parcel adjacent to
the existing landfill.
File nos. A-04-8 (CU-02-102 and SP-02-51)
* ORDER NO. 2004-087
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WHEREAS, in Order 2004-042, the Board of County Commissioners ("Board") delegated to a hearings
officer the initial hearing and decision after having withdrawn the original decision for reconsideration in the
case of Grivel v. Deschutes County, LUBA No 2004-061; and
WHEREAS, ORS 215.283(2)(k) requires that the final decision be made by the governing body; and
WHEREAS, the Hearings Officer held a duly notice hearing in this case on June 16, 2004 and issued a
decision on October 14, 2004; and
WHEREAS, the evidence and testimony submitted to the Hearings Officer was extensive and does not
need to be repeated before the Board; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. Pursuant to Deschutes County Code ("DCC") 22.28.050(A) and 22.34.020, the Board
shall hear the above listed case.
Section 2. The public hearing shall be a hearing on the record.
Section 3. The Board deliberations for the hearing shall be on December 14, 2004 at 10:00 am in
the Deschutes County Services Building.
Section 4. Pursuant to DCC 22.32.030(E), at the public hearing, the Board shall hear staff
comment based on the record but no oral testimony from the parties.
Section 5. No new evidence is allowed to be submitted.
Section 6. Only parties who participated before the Hearings Officer may submit to the Board
written arguments based upon evidence in the record before the Hearings Officer.
Section 7. The deadline for submittal of written arguments by all parties is November 30, 2004.
New evidence will not be considered by the Board.
Page 1 of 2- Order No. 2004-087 (10/18/04)
Section 8. Pursuant to DCC 22.24.130(D), the Applicant shall be allowed, unless waived, to
submit final written arugments in support of the application by December 7, 2004.
Section 9. Staff shall provide at least ten days notice of the deadlines set forth in this Order to the
parties that participated in the hearing before the Hearings Officer.
DATED this D day of (C. k 2, be, , 2004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
e~zz
ATTEST:
Recording ecretary
44ICHAFX K. DALY, air
DE IS R. LUKE, Niiim'ssioner
OM DEWOLF, Commissioner
Page 2 of 2- Order No. 2004-087 (10/18/04)