HomeMy WebLinkAboutOrder 013 - Set Hearing - Latham Mine Remand❑-<
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend. OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orp.
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 23, 2011
Please see directions for completing this document on the next page.
DATE: May 19, 2011
FROM: Paul Blikstad Department CDD Phone #6554
TITLE OF AGENDA ITEM:
Consideration of approval or Order No. 2011-013 Setting the LUBA Remand Hearing and Establishing
the Procedures for the Hearing in File Nos. SP-07-46/CU-07-102,
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Land Use Board of Appeals remanded the County's decision on application nos. CU-07-102/SP-07-
46 for the Latham mining site on Johnson Road northwest of Bend. The Board must hold a hearing and
address the issues on remand from LUBA. This order sets the date for that hearing and the establishes
the type of hearing as a limited de novo hearing on the remand issues only.
Staff believes the de novo hearing is necessary because some of the issues remanded by LUBA will
require new evidence. Also, a de novo hearing on the remanded issues helps eliminate arguments over
what is new evidence and what is merely legal argument allowed in an "on -the -record" type of hearing.
FISCAL IMPLICATIONS:
The county will incurr cost of the new hearing for which no fee has been paid or is included in the
county's fee schedule. The hearing is mandatory, however, under state law.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends approval and signature by the Board of Order No. 2011-013.
ATTENDANCE: Paul Blikstad
DISTRIBUTION OF DOCUMENTS:
Copy to Paul B.
REVIEWED
LEGAL COUNSEL
For Recording Stam. Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Setting the LUBA Remand Hearing and
Establishing the Procedures the Hearing in File
Nos. SP-07-46/CU-07-102.
*
ORDER NO. 2011-013
WHEREAS, the Board of County Commissioners' ("Board") Findings and Decision on application nos.
SP-07-46/CU-07-102 was appealed to the Land Use Board of Appeals (LUBA); and
WHEREAS, LUBA remanded the County's decision on SP-07-46/CU-07-102 through LUBA No.
2009-061/2009-062, Final Opinion and Order, dated May 17, 2010; and
WHEREAS, Applicant Mark Latham Excavation, Inc., through legal counsel, provided written notice of
the applicant's desire to initiate the remand process on April 30, 2011; and
WHEREAS, Oregon Revised Statutes 215.435(1) requires that the county submit a final decision within
90 days of the date the written notice from the applicant is received; and
WHEREAS, Deschutes County Code 22.34.020 requires that the hearings body below hear the case on
remand and the Board was that hearings body; and
WHEREAS, the Board desires that those issues remanded by LUBA be heard de novo;
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board will hear on remand application nos. SP-07-46/CU-07-102, LUBA Case No.
2009-062, pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land
use ordinances.
Section 2. The remand shall be heard de novo, and limited to only the issues on remand from
LUBA.
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ORDER No. 2011-013
Section 3. Community Development Department staff shall set a hearing date and cause notice to
be given to all persons or parties entitled to notice pursuant to DCC 22.34.030.
DATED this day of May, 2011.
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTHONY DEBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
ORDER NO. 2011-013