HomeMy WebLinkAboutOrder 010 - Accept Review of Appeal - Loyal LandDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 9, 2014
DATE: April 3, 2014
FROM: Kevin Harrison, Principal Planner CDD 385-1401
TITLE OF AGENDA ITEM:
Consideration of Board signature of Order No. 2014-010, an Order accepting review of an appeal filed
by Loyal Land, LLC ofthe Hearings Officer's decision on A-13-8.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
On April 12,2012, the Hearings Officer issued a declaratory ruling that the Conceptual Master Plan
("CMP") approval for the Thornburgh Destination Resort had not expired because it had been initiated.
Opponents appealed that decision to the Land Use Board of Appeals ("LUBA") and, on January 8,
2013, LUBA remanded the decision for further proceedings ("LUBA No. 2012-042 ).
On December 23, 2013, the applicant submitted an application to initiate the remand proceedings (A
13-8). The Hearings Officer issued her decision on March 18, 2014, finding that the CMP had not been
initiated. The applicant filed an appeal (A-14-1) to the Board of County Commissioners ("Board") on
March 31, 2014, within the 12-day appeal period.
By letter dated March 21, 2014, the applicant has agreed to extend the time period for completing the
remand proceedings by an additional 90 days, pursuant to ORS 215.435(2)(b). Staff calculated this
extension to end on July 4,2014. The Board held a work session with staff on this matter on April 2,
2014. At that work session, the applicant agreed to further extend the decision deadline. At the work
session, the Board determined it will hear this appeal but hear it de novo on the issue of compliance
with DCC 22.36.020(A)(3) only.
Order No. 2014-010 is the formal acceptance by the Board to hear the appeal.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REOUESTED:
Recommend Board signature of Order No. 2014-010.
ATTENDANCE: Kevin Harrison, CDD
DISTRIBUTION OF DOCUMENTS:
CDD; Legal Counsel
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REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Review of Hearings Officer's *
Decision in File No. A-I3-8. ORDER NO. 2014-010 *
WHEREAS, Loyal Land, LLC appealed the Deschutes County Hearings Officer's Decision on
Application No. A-13-8; and
WHEREAS, Deschutes County Code ("DCC") 22.32.027 allows the Board of County Commissioners
("Board") discretion on whether to hear appeals of Hearings Officer's decisions; and
WHEREAS, the Board has given due consideration as to whether to review this application on appeal;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board will hear on appeal application A-14-1 pursuant to Title 22 of the Deschutes
County Code and other applicable provisions of the County land use ordinances.
Section 2. Pursuant to DCC 22.34.040, the Board shall hear the appeal de novo only on the issue
of whether the application complied with DCC 22.36.020(A)(3) .
Section 3. 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 of , 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Page 1 OF 2 -ORDER NO. 2014·010
Date of 1st Reading: __day of _____,; 2014.
Date of 2nd Reading: __day _____,2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony Debone
Alan Unger
Effective date: __day of _____:, 2014.
Page 2 OF 2 -ORDER NO. 2014-010