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2025-82-Order No. 2025-006 Recorded 4/2/2025REVIEWED kJA LEGAL COUNSEL Recorded in Deschutes County CJ2025-82 f3teve Dennison; County Clerk Commissioners' ,journal 04/01 /2025 4:13:34 PM 2025-82 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Reopening the Record for File Nos. 247-22-000464-CU, 466-SP, 24-018-A * ORDER NO. 2025-006 * WHEREAS, the Board of County Commissioners ("Board") is the hearings body for an appeal of a Hearings Officer decision (File Nos. 247-22-000464-CU, -466-SP,-24-018-A) approving, with conditions, an application for a conditional use permit and site plan approval for a commercial activity in conjunction with a farm use to establish a winery; WHEREAS, the applications were submitted on June 7, 2022. An Incomplete Letter was mailed on July 7, 2022. On December 4, 2022, the applicants requested that the applications be deemed complete and 150-day clock be extended. The applications were referred to a Public Hearing on August 4, 2023. On September 15, 2023, the applicants waived the 150-day clock; WHEREAS, a public hearing before the Hearings Officer was held on October 24, 2023, and on January 2, 2024, the Hearings Officer issued a decision approving the application with conditions, following a public hearing on the proposal; WHEREAS, an appeal of the Hearings Officer's decision was filed timely and the Board agreed to hold a public hearing and to consider the proposal (de novo) on February 14, 2024; WHEREAS, on April 10, 2024, the Board held the Public Hearing on the application and appeal; WHEREAS, prior to the Board's deliberations, the applicant requested the Board to reopen the record, which request was granted by the Board; WHEREAS, on February 26, 2025, staff requested the Board to reopen the record prior to deliberations; ORDER No. 25-006 WHEREAS, DCC 22.24.160(A) grants the Board discretion and authority to reopen the record either upon request or upon its own initiative; WHEREAS, the Board finds it is necessary to reopen the record to afford all parties sufficient time to present information for the Board's consideration of the applications and appeal; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. Pursuant to DCC 22.24.160(A), the record of the legislative proposal shall be reopened to accept new testimony for a period of time concluding at such time when Board of County Commissioners choose to close the record. Section 2. Staff shall give written notice to all parties that the record is reopened as established in this Order. DATED this day of 2025. ATTEST: Record g S retary BOARD OF COUNTY COMMISSIONERS ANTHONY DeBONE, Chair PATTI ADAIR, Vice -Chair PHIL CHANG, Commissioner v-� E s C-oG2� BOARD OF COMMISSIONERS MEETING DATE: March 5, 2025 SUBJECT: Approval of Board Order No. 2025-006 reopening the record for an application to authorize commercial activity in conjunction with a Farm Use (Winery) in the Multiple Use Agricultural Zone - Lava Terrace Cellars, 20520 Bowery Lane RECOMMENDED MOTION: Move approval of Approval of Board Order No. 2025-006 reopening the record for an application to authorize commercial activity in conjunction with a Farm Use (Winery) in the Multiple Use Agricultural Zone - Lava Terrace Cellars, 20520 Bowery Lane. BACKGROUND AND POLICY IMPLICATIONS: Staff requests that the Board reopen the record on this matter prior to conducting deliberations for the purpose of affording all parties sufficient time to present information for the Board's consideration of the applications and appeal. BUDGET IMPACTS: N/A ATTENDANCE: Nathaniel Miller, Associate Planner Jacob Ripper, Senior Planner Stephanie Marshall, Senior Assistant Legal Counsel