2012-1855-Order No. 2012-038 Recorded 11/26/2012REVIEWED DESCHUTES
COUNTY CLERK
NANCYBLANKENSHIP,F OS
COMMISSIONERS' JOURNAL 1112612012 03;06;27 pM
LEGAL OUNSEL II 1112-1111 I 28i
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Re-opening the Public Hearing on
application nos. PA-11-7/ZC-1 1-2
ORDER NO. 2012-038
WHEREAS, on September 24, 2012, the Deschutes County Board of County Commissioners ("Board")
held a public hearing in File Nos. PA-1 1-7/ZC-1 1-2, closed the oral public hearing on that same day but left the
written record open until October 10, 2012 for responses to information presented at the hearing and until
October 26, 2012 for the Applicant's final rebuttal with no new evidence; and
WHEREAS, during the Applicant's final rebuttal period, the Applicant submitted new evidence
regarding the soil classification of the subject property; and
WHEREAS, if the new evidence submitted by the Applicant is allowed to be included in the record, all
other parties have a due process right to respond to that evidence; and
WHEREAS, the Board finds that clarification of how to determine the soils classification is paramount
to the final decision in File No. PA-11-7/ZC-1 1-2 as well as future cases; and
WHEREAS, pursuant to Deschutes County Code 22.24.160, the Board may, at its discretion, reopen the
record on land use applications; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The public hearing in File Nos. PA- I 1-7/ZC-11-2 shall be reopened, but for the limited
purpose of taking additional testimony on soil classifications.
Section 2. The public hearing date is set for Monday, December 3, 2012 at the Board's 10:00 a.rn
business meeting.
PAGE 1 OF 2 - ORDER NO. 2012-038
Section 3. The Community Development Department shall notify all parties of the reopened
public hearing.
Dated this ! of O y~' , 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
fiic~- ellp~
Recording Secretary
ANTHONY DEBONE, Chair
jAlvi- U,44
ALAN UNGER, Vice Chair
r--,)
TAMMY-BANE°Y, Commissioner
PAGE 2 OF 2 - ORDER NO. 2012-038