HomeMy WebLinkAboutOrder 2012-038 - DSL Zone Change Request to Reopen Hearing❑Gt'�a # 1.►�{
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 19, 2012
Please see directions for completing this document on the next page.
DATE: November 16, 2012
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Possible Board Signature of Order No. 2012-038, Reopening the Public Hearing Reopening the Public
Hearing on application nos. PA-11-7/ZC-11-2.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Oregon Department of State Lands applied for a plan amendment and zone change on the subject
property. The applications went before the County Hearings Officer who has recommended approval
of the proposed changes. The Board previously held a public hearing on the applications on September
24, 2012. The written record was left open until October 26, 2012. During the final rebuttal period, the
applicant submitted new information, and all parties have a due process right to respond to the
evidence. The Board has previously determined that the hearing would be reopened at the Board's
November 5, 2012 business meeting.
FISCAL IMPLICATIONS:
Additional costs for conducting the hearing including mailing of the notice of reopened hearing.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approve Order 2012-038.
ATTENDANCE: Paul Blikstad, Nick Lelack
DISTRIBUTION OF DOCUMENTS:
Planning Division staff will send notice to all parties of the Board's Order No. 2012-038.
REVIEWED
LEGAL COUNSEL
For Recordin ' Stam • Onl
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Re -opening the Public Hearing on
application nos. PA-11-7/ZC-11-2
*
ORDER NO. 2012-03 8
WHEREAS, on September 24, 2012, the Deschutes County Board of County Commissioners ("Board")
held a public hearing in File Nos. PA-11-7/ZC-11-2, 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-11-2 as well as future cases; and
WHEREAS, pursuant to Deschutes County Code, 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-11-7/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.m
business meeting.
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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 , 2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
PAGE 2 OF 2 - ORDER NO. 2012-038