247-23-000302-DR; ODOT Lava Butte Trail
Proposal Summary
The applicant requests interpretations of the County’s Zoning Code, Zoning Maps, and Comprehensive Plan to determine if a future multi-use path, to be located within the ODOT right-of-way and lands owned by the High Desert Museum, is a use permitted outright.
Location
- Oregon Department of Transportation (ODOT) Highway 97 right-of-way located in Township 18S, Range 12E, Sections 19, 30, & 31 and Township 18S, Range 11E, Section 36 (see location map).
- 59800 HWY 97, BEND, OR 97702 / Map and Taxlot: 1811000001900
Note: The County does not have land use review authority on federal lands. The southern extent of the proposed multi-use path continues onto Deschutes National Forest lands on the west side of Highway 97.
Proposal Status
The application was received on April 24, 2023 and a public hearing before a Hearings Officer was held on Wednesday, December 6, 2023. A recording of the hearing can be watched using the following link. The Hearings Officer issued his decision on January 26, 2024. An appeal was filed by the Windlinx Ranch Trust on February 2, 2024. The Board of County Commissioners ("BOCC") declined to hear the appeal and the Hearings Officer's decision is the final decision of the County. The Land Use Board of Appeals ("LUBA") has remanded the County's decision (ref. LUBA No. 2024-010) and this LUBA decision has been appealed to the Oregon Court of Appeals.
Staff Contact
Caroline House, Senior Planner
Email: Caroline.House@deschutes.org
Phone: (541) 388-6667
