HomeMy WebLinkAboutOrder 027 - Rescind Res 2009-035 - Lower BridgeDeschutes 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: Will Groves COD 541-388-6518
TITLE OF AGENDA ITEM:
Consideration and Signature of Order No. 2015-027, Extending Resolution of Intent to Rezone 2009
035.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
On April 9, 2009, the Board resolved to rezone the western portion of the Lower Bridge Mine, as
identified by Exhibits A and B to Resolution 2009-035, from Surface Mining to Rural Residential upon
the fulfillment of the ten conditions listed in Resolution 2009-035. Condition #7 of Resolution 2009
035 specified the Resolution of Intent to Rezone would expire in five years unless extended. Deschutes
County Code ("DCC") 18.136.030(B) allows the extension of a Resolution of Intent to Rezone, subject
to Board approval.
Lower Bridge Road, LLC, has applied to extend the Resolution to April 9, 2016. The applicant states
that all conditions are complete, excluding Conditions #1 and #2. These conditions require that the
applicant obtain (1) a "No Further Action"("NFA") determination from the Oregon Department of
Environmental Quality ("DEQ") and (2) a determination of "no apparent public health hazard" from the
Oregon Department of Human Services for a residential use designation for the 410 acre area. The
applicant is working toward completing this requirement and has developed and partially executed a
work plan in coordination with these agencies. Progress on completing these conditions was slowed
during the economic downturn.
Staff recommends that the Board extend the Resolution as requested.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approve signature of Order 2015-027.
ATTENDANCE: Will Groves and Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Will Groves, CDD
Legal Counsel
REVIEWED
LEGAL COUNSEL
For Recording Stamp Onl
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Extending Resolution of Intent to *
Rezone -Resolution No. 2009-035 ORDER NO. 2015-027 *
WHEREAS, the Board resolved to rezone certain real property identified by Exhibits A and B
to Resolution 2009-035 upon the fulfillment of the ten conditions listed in Resolution 2009-035; and
WHEREAS, Condition #7 of Resolution 2009-035 specified the Resolution of Intent to Rezone
would expire in five years unless extended; and
WHEREAS, the resolution was extended in 2014 for one year; and
WHEREAS, Deschutes County Code ("DCC") 18.136.030(B) allows the extension of a
Resolution of Intent to Rezone by the Board; and
WHEREAS, although the above DCC provision does not list any criteria for the extension, the
Board has given due consideration as to whether to extend Resolution 2009-035; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The Board hereby extends the expiration date of Resolution 2009-035 to April 9,
2016.
Dated this -----of ---------, 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Page 1 oft ORDER NO. 2015-027