2008-880-Order No. 2008-080 Recorded 10/3/2008REVIEWED DESCHUTES COUNTY OFFICIAL RECORDS CJ 2008'860
fA NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 10/03/2008 08;14;34 AM
L AL COUNSEL 1111111 I I IIII II II I II i t II III 1111
2008-880
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Review of Hearings Officer's
Decision in File nos. ZC-08-1 And PA-08-1 (A-08-15) * ORDER NO. 2008-080
WHEREAS, Applicant, The Daniels Group, LLC, appealed the Deschutes County Hearings Officer's
decision on application numbers ZC-08-1 And PA-08-1; and
WHEREAS, Section 22.28.030(C) of the Deschutes County Code requires the Board of County
Commissioners (Board) to hear de novo plan amendments and zone changes concerning lands designated for
agricultural use without the necessity of filing an appeal, regardless of the determination of the Hearings
Officer; and
WHEREAS, Section 22.28.030(D) of the Deschutes County Code (DCC) specifies that the Board
reviews plan amendments and zone change applications for non-agricultural land only if a party appeals that
portion of the application and, if that portion of the application is appealed, the Board must consolidate the
hearing with the hearing on the agricultural plan amendment and zone change; and
WHEREAS, the subject property contains both lands designated for agricultural use and lands not
designated for agricultural use; and
WHEREAS, the Board has given due consideration as to whether to review the portion of this plan
amendment and zone change not concerning lands designated for agricultural use on appeal; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That it will hear the applicant's appeal for Case Number ZC-08-1 and PA-08-1 (A-08-15)
pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land use
ordinances.
Section 2. The appeal shall be heard de novo, in accordance with 22.28.030(C) and DCC
22.32.027(B)(3).
PAGE 1 OF 2 -ORDER NO. 2008-080 (10/01/08)
Section 4. Staff shall set a hearing date and cause notice to be given to all persons or parties entitled to
notice pursuant to DCC 22.24.030 and DCC 22.32.030.
Dated this ! ~f~ 2008
ATTEST:
- qdmlu~ (f)~
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE CHAIR
(:kE~Et~WTON)VVICE CHAIR
Record of Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Tammy Melton
Michael M. Daly v
Effective date: L day of &J- , 2008.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDER NO. 2008-080 (10/01/08)