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HomeMy WebLinkAboutDSL Zone Chg Request - Reopen Hrg Deschutes 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 November 5, 2012 _____________________________ DATE: October 30, 2012 FROM: Paul Blikstad Department CDD Phone # 6554 TITLE OF AGENDA ITEM: Discussion of the possible reopening of the public hearing for File Nos. PA-11-7/ZC-11-2, the plan amendment and zone change applications submitted by the Oregon Department of State Lands (DSL). PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: DSL submitted the plan amendment and zone change applications for the property adjacent to SE 27th Street and Stevens Road. A public hearing before the Board occurred on September 24. The written record was left open to October 10 for additional comments/submittals. The applicant was granted final argument until October 26. Staff believes that the applicant has submitted new information rather than just final argument. Therefore, the other parties that participated at the hearing have a right to provide rebuttal to that information. As a result, the Board will need to at least reopen the written record to be able to take into consideration the applicant's final submittal. Additionally, the issue of what constitutes the correct capability classifications for soil types needs to be further vetted in order for the Board to make a decision on the two applications. Because this is a complicated and threshold issue that would set precedent for future cases, staff believes the public hearing should be reopened in order for all parties to be able to fully vet the issue. Staff will attempt to get expert testimony on the soil capability classifications at a new hearing. FISCAL IMPLICATIONS: Staff will have to provide notice to the other parties that participated in the hearing. Thus, the County will incur additional staff and mailing costs. Additionally, the County will incur the staff and administrative cost of the continued hearing. RECOMMENDATION & ACTION REQUESTED: MOTION: Re-open the public hearing for File Nos. PA-11-7/ZC-11-2 for the limited purpose of hearing additional testimony and receiving additional evidence regarding the soil types capability classifications. ATTENDANCE: Nick Lelack, Paul Blikstad, CDD DISTRIBUTION OF DOCUMENTS: None.