HomeMy WebLinkAboutOrder 072 - Hurtley Vested RightDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.or,
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of December 2, 2009
Please see directions for completing this document on the next page.
DATE: November 12, 2009
FROM: Steven Griffin ' is
Legal 330 -4645
TITLE OF AGENDA ITEM:
Sign Order from Remand Hearing on application of David Hurtley 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 October 28, 2009 regarding the application of David Hurtley 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, David Hurtley.
The proposed agenda item is to have the Board review and sign the Order declaraing that David Hu. tley
has a "Common Law Vested Right" to Continue and Complte the Land Use Described in TP- 07 -99' ►.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Sign Order No. 2009 -072.
ATTENDANCE: Steven Griffin, Deschutes County, Assistant Legal Counsel;
Ed Fitch, Attorney for Claimant;
David Hurtley, Claimant
DISTRIBUTION OF DOCUMENTS:
Deschutes County Legal Department
Community Development Department
Ed Fitch, Attorney for Claimant
REVIEWED
LEGAL,CmUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Declaring that David Hurtley
Has A "Common Law Vested Right" To * ORDER NO. 2009 -072
Continue and Complete the Land Use
Described in TP -07 -999
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 c: he
recipient of the waiver had achieved a "common law vested right" to continue and complete the 1 se
described in the waiver; and
WHEREAS, the board finds that David Hurtley is the recipient of Measure 37 waiver issued y
the county in Board of County Commissioners Order number 2005 -080 and the Oregon Department of
Land Conservation and Development in Order number M120363; and
WHEREAS, the board finds that county tentatively approved a subdivision plan in TP -07 -999 l or
29.86 acres to be subdivided into 5 residential lots and on December 6, 2007 David Hurtley had male
substantial progress toward completing the land use described in TP -07 -999; and
WHEREAS, David Hurtley qualifies for a "common law vested right" under Oregon case law and t
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. David Hurtley is entitled to relief under Measure 49, Section 5(3). He may continue
and complete the land use described in TP -07 -999. He 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 TP -07 -999.
/1/
PAGE 1 OF 2- ORDER No. 2009 -072 (11/09)
Section 2. This order does not relieve David Hurtley complying with any of the conditions of
approval of TP -07 -999, any other applicable portion of the Deschutes County Code, or state law. Any furl er
use of the land not approved in TP -07 -999 would be subject to the land use approval process.
DATED this day of , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
PAGE 2 OF 2- ORDER NO. 2009-072 (11/09)
REVIEWED
LEGAL UNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREG('N
An Order Declaring that David Hurt ley
Has A "Common Law Vested Right" To
Continue and Complete the Land Use
Described in TP -07 -999
*
ORDER NO. 2009 -072
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 Z he
recipient of the waiver had achieved a "common law vested right" to continue and complete the rase
described in the waiver; and
WHEREAS, the board finds that David Hurtley is the recipient of Measure 37 waiver issued )y
the county in Board of County Commissioners Order number 2005 -080 and the Oregon Department of
Land Conservation and Development in Order number M120363; and
WHEREAS, the board finds that county tentatively approved a subdivision plan in TP -07 -999 1 )r
29.86 acres to be subdivided into 5 residential loin and on December 6, 2007 David Hurtley had mat to
substantial progress toward completing the land use described in TP -07 -999; and
WHEREAS, David Hurtley qualifies for a "common law vested right" under Oregon case law and tl.e
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. David Hurtley is entitled to relief under Measure 49, Section 5(3). He may continue
and complete the land use described in TP -07 -999. He is entitled to record a final plat and have the and
subdivided according to that plat pursuant to all of the conditions of approval in TP -07 -999.
///
PAGE 1 OF 2- ORDER NO.2009 -072 (11/09)
Section 2. This order does not relieve David Hurtley complying with any of the conditions of
approval of TP -07 -999, any other applicable portion of the Deschutes County Code, or state law. Any further
use of the land not approved in TP -07 -999 would be subject to the land use approval process.
DATED this day of , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN LINGER, Commissioner
PAGE 2 OF 2- ORDER No. 2009 -072 (11/09)
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGO
An Order Declaring that David Hurt ley
Has A "Common Law Vested Right" To
Continue and Complete the Land Use
Described in TP -07 -999
*
ORDER NO. 2009 -072
WHEREAS, Measure 49, Section 5(3) allows recipients of "Measure 37 Waivers" to continue acid
complete a land use approved pursuant to "Measure 37 waivers" provided that on December 6, 2007 tl ie
recipient of the waiver had achieved a "common law vested right" to continue and complete the u::e
described in the waiver; and
WHEREAS, the board finds that David Hurtley is the recipient of Measure 37 waiver issued 1•y
the county in Board of County Commissioners Order number 2005 -080 and the Oregon Department of
Land Conservation and Development in Order number M120363; and
WHEREAS, the board finds that county tentatively approved a subdivision plan in TP -07 -999 fc r
29.86 acres to be subdivided into 5 residential lots and on December 6, 2007 David Hurtley had mad
substantial progress toward completing the land use described in TP -07 -999; and
WHEREAS, David Hurtley qualifies for a "common law vested right" under Oregon case law and th,;
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. David Hurtley is entitled to relief under Measure 49, Section 5(3). He may continue
and complete the land use described in TP -07 -999. He 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 TP -07 -999.
///
PAGE 1 OF 2- ORDER NO. 2009-072 (11/09)
Section 2. This order does not relieve David Hurt ley complying with any of the condition: of
approval of TP -07 -999, any other applicable portion of the Deschutes County Code, or state law. Any furl her
use of the land not approved in TP -07 -999 would be subject to the land use approval process.
DATED this day of , 2009.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
PAGE 2 OF 2- ORDER No. 2009 -072 (11/09)