HomeMy WebLinkAboutDoc 534 - Open Space Tax AssmtDeschutes 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 August 22, 2011
Please see directions for completing this document on the next page.
DATE: 811 0/11
FROM: Will Groves CDD x6518
TITLE OF AGENDA ITEM:
Consideration and signature of Document No. 2011-534, an administrative detennination that two open
space tracts within approved planned developments are eligible for open space special tax assessment.
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PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
In 2009 the applicant received conditional use and tentative plan approval for the East Butte
Properties planned development that includes three 2-acre residential lots and a large open space
tract (CU-09-30, TP-09-1O 11). In 2010 the applicant received conditional use and tentative plan
approval for the Henkle Butte Properties planned development that includes seven 2-acre residential
lots and a large open space tract (CU-1O-5, TP-1O-1014).
The applicant submitted to the Deschutes County Assessor and Planning Division a separate
"Application for Special Assessment of Open Space Land" for the open space tracts in the Henkle
Butte Properties and East Butte Properties planned developments. The application requests an
administrative detennination that the subject open space tracts are eligible for special tax
assessment as open space. ORS Chapter 308A establishes the procedures and standards for such an
eligibility detennination. ORS 308A.309 states such detenninations shall be acted upon by the
county "in the same manner in which an amendment to the comprehensive plan is processed."
On July 25,2011, the Hearings Officer issued a decision approving the subject application. Section
22.28.030(B) of Title 22 of the Deschutes County Code specifies that, in considering all quasi
judicial zone changes and those quasi judicial plan amendments on which the Hearings Officer has
authority to make a decision, the Board of County Commissioners shall, in the absence of an appeal
or review initiated by the Board, adopt the Hearings Officer's decision. No appeal was filed and no
review initiated by the Board.
The Planning Division mailed individual written notice of the August 22,2011 Board meeting to
parties to the application. In addition, notice of the public meeting was published in the "Bend
Bulletin" newspaper. Staff notes that the mailed and published notice refers to the August 22, 2011
Board meeting as a "public hearing". However, Section 22.28.030(B) specifies that the Board of
County Commissioners shall adopt the Hearings Officer's decision and that no argument or further
testimony will be taken by the Board.
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FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approval and signature of Document No. 2011-534.
ATTENDANCE: Legal, Will Groves
DISTRIBUTION OF DOCUMENTS:
Copy to Will Groves
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REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
FILE NUMBER: AD-1l-5
APPLICANT!
PPROPERTY OWNER: Dierk D. and Cecile E. Peters Trust
P.O. Box 1119
Sisters, Oregon 97759
APPLICANT'S
ATTORNEY: Liz Fancher
644 N.W. Broadway Street
Bend, Oregon 97701
REQUEST: The applicant requests an administrative determination that two open
space tracts within approved planned developments are eligible for open
space special tax assessment.
STAFF REVIEWER: William Groves, Senior Planner
HEARING DATE: August 22, 2011
RECORD CLOSED: August 22, 2011
I. APPLICABLE STANDARDS AND CRITERIA:
A. Title 22 of the Deschutes County Code, the Development Procedures Ordinance
1. Chapter 22.20, Review Of Land Use Action Applications
2. Chapter 22.24, Land Use Action Hearings
B. Oregon Revised Statutes (ORS)
1. Chapter 215, County Planning; Zoning; Housing Codes
* ORS 215.427, Final Action on Permit or Zone Change Application Required Within
120 or 156 Days; Exceptions; Refund of Application Fees
2. Chapter 308A, Land Special Assessments
Page 1 of 3 -Document No. 2011-534
* ORS 308A.300, Definitions for ORS 308A.300 to 308A.330
* ORS 308A.303, Policy
* ORS 308A.306, Application for Open Space Assessment; Contents of Application;
Filing
* ORS 308A.309, Submission of Application for Approval of Local Granting Authority;
Grounds for Denial; Approval; Application Withdrawal
II. FINDINGS OF FACT:
The Board of County Commissioners ("Board") adopts and incorporates herein by reference the findings
of fact proposed by the Hearings Officer in the July 25, 2011 decision, as supplemented herein.
A. Procedural History: On July 25, 2011, the Hearings Officer issued a decision approving the
subject application. Section 22.28.030(B) of Title 22 of the Deschutes County Code specifies
that, in considering all quasi-judicial zone changes and those quasi-judicial plan amendments on
which the Hearings Officer has authority to make a decision, the Board of County Commissioners
shall, in the absence of an appeal or review initiated by the Board, adopt the Hearings Officer's
decision. No argument or further testimony will be taken by the Board. No appeal was filed and
no review initiated by the Board.
B. Public Notice and Comments: The Planning Division mailed individual written notice of the
August 22, 2011 Board meeting to parties to the application. In addition, notice of the public
meeting was published in the "Bend Bulletin" newspaper.
Staff notes that the mailed and published notice refers to the August 22, 2011 Board meeting as a
"public hearing". However, Section 22.28.030(B) specifies that the Board of County
Commissioners shall adopt the Hearings Officer's decision and that no argument or further
testimony will be taken by the Board.
III. CONCLUSIONS OF LAW:
A. Adoption of Hearings Officer's Conclusions of Law
FINDINGS: The Board adopts and incorporates herein by reference the conclusions of law proposed by
the Hearings Officer in the July 25, 2011, decision, as supplemented herein.
IV. DECISION:
Based on the foregoing Findings of Fact and Conclusions of Law, the Board hereby APPROVES the
applicant's request for an administrative determination that the subject property qualifies for open space
special assessment under ORS 308A.309, SUBJECT TO THE FOLLOWING CONDITIONS OF
APPROVAL:
III
Page 2 of 3 -Document No. 2011-534
1. The applicant/owner shall comply with all applicable requirements of ORS 308A.300
through 330, including submitting required reports to the Deschutes County Assessor.
Dated this ___of ____->, 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ArrEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 1sl Reading: __day of ____--', 2011.
Date of 2nd Reading: __day _____,2011.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Dennis R. Luke
Alan Unger
Effective date: __day of _____,' 2011.
ArrEST
Recording Secretary
Page 3 of 3 -Document No. 2011-534
MEMORANDUM
DATE: August 10, 2011
TO: Board of County Commissioners
FROM: Will Groves, Senior Planner
RE: Consideration and signature of Document No. 2011-534, an administrative
determination that two open space tracts within approved planned developments
are eligible for open space special tax assessment.
APPLICATION INFORMATION:
The applicant (Dierk D. and Cecile E. Peters Trust) requests an administrative determination
that the subject property, consisting of two open space tracts within two approved planned
developments, is eligible for open space special tax assessment under ORS 308A.300 to
308A.330.
APPLICATION PROCESS TO DATE:
In 2009 the applicant received conditional use and tentative plan approval for the East Butte
Properties planned development that includes three 2-acre residential lots and a large open
space tract (CU-09-30, TP-09-1011). In 2010 the applicant received conditional use and
tentative plan approval for the Henkle Butte Properties planned development that includes
seven 2-acre residential lots and a large open space tract (CU-10-5, TP-10-1014).
The applicant submitted to the Deschutes County Assessor and Planning Division a separate
"Application for Special Assessment of Open Space Land" for the open space tracts in the
Henkle Butte Properties and East Butte Properties planned developments. The application
requests an administrative determination that the subject open space tracts are eligible for
special tax assessment as open space. ORS Chapter 308A establishes the procedures and
standards for such an eligibility determination. ORS 308A.309 states such determinations shall
be acted upon by the county "in the same manner in which an amendment to the
comprehensive plan is processed."
These applications were referred to the County Hearings Officer for a public hearing. A public
hearing on the application was held on June 28, 2011.
The Hearings Officer's written decision was mailed out on July 25, 2011. In this decision, the
Hearings Officer approved the application, subject to conditions of approval.
Board Memo
File No. AO-11-5
Page 1 of2
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Section 22.28.030(B) of Title 22 of the Deschutes County Code specifies that, in considering all
quasi judicial zone changes and those quasi judicial plan amendments on which the Hearings
Officer has authority to make a decision, the Board of County Commissioners shall, in the
absence of an appeal or review initiated by the Board, adopt the Hearings Officer's decision.
No argument or further testimony will be taken by the Board.
BOARD ACTION:
Under Section 22.28.030(B) of Title 22 of the Deschutes County Code the Board of County
Commissioners shall, in the absence of an appeal or review initiated by the Board, adopt the
Hearings Officer's decision.
THE FILE:
I am submitting for your review a copy of the Hearings Officer's recommendation and a draft of
the Board's findings and decision. Feel free to contact me at your convenience for any
questions on this matter.
Board Memo
File Nos. PA-04-S/ZC-04-6
Page 2 of2