HomeMy WebLinkAboutOrder 023 - Hear Appeals - Miller Tree FarmDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 22, 2015
DATE: April 15,2015
FROM: Anthony Raguine CDD 541-617-4739
TITLE OF AGENDA ITEM:
Board of County Commissioners (Board) approval and signature of Document No. 2015-023, a Board
Order to hear two appeals on The Tree Farm subdivision applications.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Tree Farm, LLC (Applicant), submitted applications to establish five cluster subdivisions. These
applications were referred to a Hearings Officer and a public hearing on November 6,2014. The
Hearings Officer's decisions denied the applications due to a lack of detail associated with the submited
wildfire and wildlife management plans. These decisions were timely appealed by the Applicant and
Rio Lobo Investments, LLC. On April 8, 2015, the Board agreed to hear both appeals via a de novo
hearing limited to the specific issues identified in both appeals.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of Document No. 2015-023
ATTENDANCE: Anthony Raguine and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Anthony Raguine, CDD
Laurie Craghead, Legal Counsel
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Review of Hearings Officer's *
Decisions in File Nos. 247-14-000242-CU, 247- ORDER NO. 2015-023 *
14-243-TP, 247-14-000244-CU, 247-14-000245*
TP, 247-14-000246-CU, 247-14-000247-TP, 247*
14-000248-CU, 247-14-000249-TP, 247-14*
000250-CU, 247-14-000251-TP (247-15-000158*
A, 247-15-000159-A, 247-15-000 160-A, 247-15*
000161-A, 247-15-000 162-A, 247-15-000 1 63-A, *
247-15-000164-A, 247-15-000165-A, 247-15*
000166-A,247-15-000167-A) *
WHEREAS, Appellants, The Tree Farm, LLC, and Rio Lobo Investments, LLC, separately appealed the
Hearings Officer's decisions in application numbers. 247-14-000242-CU, 247-14-243-TP (Tree Farm 1); 247
14-000244-CU, 247-14-000245-TP (Tree Farm 2); 247-14-000246-CU, 247-14-000247-TP (Tree Farm 3); 247
14-000248-CU, 247-14-000249-TP (Tree Farm 4); 247-14-000250-CU, 247-14-000251-TP (Tree Farm 5); and
WHEREAS, Section 22.32.027 of the Deschutes County Code allows the Board of County
Commissioners (Board) discretion on whether to hear appeals of Hearings Officer's decisions; and
WHEREAS, the Board has given due consideration as to whether to review this application on appeal;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board will hear both of the above-described appeals for application numbers 247-14
000242-CU, 247-14-243-TP, 247-14-000244-CU, 247-14-000245-TP, 247-14-000246-CU, 247-14-000247-TP,
247-14-000248-CU, 247-14-000249-TP, 247-14-000250-CU, 247-14-000251-TP (247-15-000158-A, 247-15
000159-A, 247-15-000160-A, 247-15-000161-A, 247-15-000162-A, 247-15-000163-A, 247-15-000164-A, 247
15-000165-A, 247-15-000166-A, 247-15-000 167-A) pursuant to Title 22 of the Deschutes County Code and
other applicable provisions of the County land use ordinances.
Section 2. The two appeals shall be consolidated into a single proceeding.
Section 3. The two appeals shall be heard de novo and limited to the following issue areas and as
described in the two appeals:
1. Adequacy of the proposed wildfire management plan;
2. Adequacy of the proposed wildlife management plan;
3. Rear yard setbacks for proposed residential lots located outside of the Wildlife Area Combining
Zone; and
4. Whether publicly dedicated roads are required under Deschutes County Code Section 17.36.020(B).
PAGE 1 OF 2-ORDER No. 2015-023
Section 4. Staff shall set a hearing date and cause notice to be given to persons or parties entitled to
notice pursuant to DCC 22.32.030.
Dated this ___ of _____, 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ATTEST:
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
PAGE 2 OF 2-ORDER No. 2015-023