HomeMy WebLinkAboutOrder 018 - Extend Deadline - Leading EdgeDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 30, 2014
DATE: June 27, 2014
FROM: Will Groves CDD (541) 388-6518
TITLE OF AGENDA ITEM:
Consideration of Board Signature on Order 2014-018 Extending Deadline for Submittal of Written
Arguments in the On-the-Record Review of File No. SP-13-7 (A-14-2, A-13-4).
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Before the Board of County Commissioners (Board) is an appeal filed by The Flight Shop and Aero
Facilities. The appeal was submitted in response to a Deschutes County Hearings Officer's decision on
remand from LUBA that a proposed fueling station at the Bend Airport complies with all applicable
regulations. The Board agreed to hear this appeal on the record with specified dates for written
submissions.
On June 23, the Applicant, Leading Edge Aviation, Inc., submitted a motion to dismiss this appeal, on
the basis that the Appellant has failed to submit a timely transcript of the of the Hearings Officer's
hearing, as required under DCC 22.32.024. The transcript was submitted on June 25, 2014, after the
date set for receipt of written arguments, June 18,2014. The Applicant has agreed to extend the 90-day
period for issuance of a final local decision on remand under ORS 215.435 to allow a reopening of the
written record to receive the transcript into the record. This order specifies the new date for submission
of written arguments.
FISCAL IMPLICATIONS:
There will be an slight additional cost to mail new to the paties entitled to notice.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approve signature of Order 2014-018
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Will Groves, Legal, Parties to SP-13-7 (A-14-2, A-13-4).
Page 1 of 2- ORDER NO. 2014-018
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Extending Deadline for Submittal of
Written Arguments in the On-the-Record Review
of File No. SP-13-7 (A-14-2, A-13-4).
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ORDER NO. 2014-018
WHEREAS, Appellant, The Flight Shop and Aero Facilities, appealed the Hearings Officer’s decision
in application number SP-13-7; and
WHEREAS, the Board of County Commissioners (Board) agreed to hear this appeal in Order 2014-015
with deadlines for written arguments specified in that Order; and
WHEREAS, Appellant failed to submit a timely transcript of the Hearings Officer’s hearing, as required
under DCC 22.32.024; and
WHEREAS, the Board wishes to grant additional time for the submittal of the required transcript of the
Hearings Officer’s hearing; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The deadline for submittal of written arguments specified in Order 2014-015 shall be
extended as follows:
July 3, 2014 – written arguments from all parties;
July 9, 2014 – rebuttal arguments from the applicant.
/ / /
REVIEWED
______________
LEGAL COUNSEL
Page 2 of 2- ORDER NO. 2014-018
Section 2. Staff shall mail notice to persons or parties entitled to notice pursuant to DCC 22.32.030(A)
no later than May 21, 2014.
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
