HomeMy WebLinkAboutOrder 003 - Ballot Measure 49 Right - RencherDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of January 6, 2010
Please see directions for completing this document on the next page.
DATE: December 21, 2009
FROM: Steven Or Legal 330-4645
TITLE OF AGEN IT ITEM:
Sign Order from Remand Hearing on application of Frank Rencher for a determination of whether h is
entitled to relief under Ballot Measure 49, Section 5(3).
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
The Board held a hearing on December 2nd and 9`h, 2009 regarding the application of Frank Rencher for
a determination of whether he is entitled to relief under Ballot Measure 49, Section 5(3). After
conducting the public hearing on the matter, the Board found in favor of applicant, Frank Rencher.
The proposed agenda item is to have the Board review and sign the Order declaraing that Frank
Rencher has a "Common Law Vested Right" to Continue and Complte the Land Use Described in
MA-07-9/TP-07-991.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Sign Order No. 2010-003.
ATTENDANCE: Steven Griffin, Deschutes County, Assistant Legal Counsel;
Darsee Staley, DOJ, Attorney for State of Oregon;
Ed Fitch, Attorney for Claimant;
Frank Rencher, Claimant
DISTRIBUTION OF DOCUMENTS:
Deschutes County Legal Department
Community Development Department
Ed Fitch, Attorney for Claimant
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Declaring that the Frank L. Rencher
Trust, Frank L. Rencher trustee
Has A "Common Law Vested Right" To
Continue and Complete the Land Use
Described in MA-07-9/TP-07-991
*
ORDER NO. 2010-003
WHEREAS, Measure 49, Section 5(3) allows recipients of "Measure 37 Waivers" to continue and
complete a land use approved pursuant to "Measure 37 waivers" provided that on December 6, 2007 tl:e
recipient of the waiver had achieved a "common law vested right" to continue and complete the use
described in the waiver; and
WHEREAS, the board finds that the Frank L. Rencher Trust, Frank L. Rencher trustee is tl:
recipient of Measure 37 waiver issued by the county in Board of County Commissioners Order number
2005-077 and the Oregon Department of Land Conservation and Development in Order number
M120240; and
WHEREAS, the board finds that on November 7, 2007 it issued a tentative approval of an 8 -let
residential subdivision on the property which is subject to the aforementioned waivers. This tentativ
approval was approved in Deschutes County file number MA-07-9/TP-07-991 and received Deschutes
County document number 2007-578; and
WHEREAS, the board finds as follows:
1. The total cost for the project for purposes of the ratio test announced by the Oregoi
Supreme Court in Clackamas County v. Holmes was approximately $1.0 to $1.1 million.
2. The total amount expended in good faith pursuit of the development for purposes of thL
Holmes ratio test was approximately $100,000.00 to $105,000.00.
3. The applicant proceeded in good faith throughout the development process;
4. The kind of project, its location, and its ultimate cost are such that the development, is
vested, will generally fit in with the existing development and character of surrounding land uses. These
factors also favor a finding of a vested right;
PAGE 1 OF 2- ORDER NO. 2010-003 (1/2010)
5. The costs incurred prior to December 6th for the 8 lot subdivision are not applicable to
either uses allowed under the current zoning or a partition that could occur under other provisions Df
Ballot Measure 49; and
6. The applicant presented substantial evidence that, by December 6, 2007, he had ma.te
substantial progress toward completing the aforementioned land use;
WHEREAS, Frank L. Rencher qualifies for a "common law vested right" under Oregon ca .e
law and the board finds that there are no other legal impediments to relief; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. The Frank L. Rencher Trust, Frank L. Rencher trustee is entitled to relief under
Measure 49, Section 5(3). He may continue and complete the land use described in TP07-991. The
applicant is entitled to record a final plat and have the land subdivided according to that plat pursuant
to all of the conditions of approval in MA-07-9/TP-07-991.
Section 2. This order does not relieve the applicant from complying with any of t1-2,
conditions of approval of MA-07-9/TP-07-991, any other applicable portion of the Deschutes Count y
Code, or state law. Any further use of the land not approved in MA-07-9/TP-07-991 would be subj ei t
to the land use approval process.
DATED this day of , 2010.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ATTEST: ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
PAGE 2 OF 2- ORDER No. 2010-003 (1/2010)