LUBA Remand 247-24-000395-A , 247-21-001043-PA and 247-21-001044-ZC; Eden Central Properties Comprehensive Plan Amendment and Zone Change

Proposal Summary

The applicant requests approval of a Comprehensive Plan Amendment to change the designation of the subject property from Agricultural (AG) to Rural Residential Exception Area (RREA). The applicant also requests a corresponding Zone Change to rezone the subject property from Exclusive Farm Use – Terrebonne subzone (EFU-TE) to Rural Residential (RR-10).

Location

Map and Tax Lot #:
1412280000100 – 10315 NW COYNER AVE, REDMOND, OR 97756
1412280000200 – 10325 NW COYNER AVE, REDMOND, OR 97756
1412280000300 –10311 NW COYNER AVE, REDMOND, OR 97756
141228D000101 – No address
1412210000300 – No address
1412210000400 – No address
1412210000500 – No address
1412210000600 –70000 BUCKHORN RD, TERREBONNE, OR 97760
1412210000700 – No address

Proposal Status

The applicant initiated the LUBA remand with Deschutes County on June 26, 2024. The remand is assigned File No. 247-24-000395-A. A public hearing before the Board of County Commissioners was held on July 24, 2024 at 8:00AM.

At the conclusion of the hearing, the Commissioners closed the oral portion of the hearing but left the written record open for a total of 21 days, concluding on August 21, 2024. 

Deliberations with the Commissioners was held on Wednesday, September 4, 2024. The Commissioners voted 2-1 to approve the application on remand. The first reading for Ordinance No. 2024-010 was held on October 2, 2024. 

The Board approved the second reading of Ordinance No. 2024-010 on October 16, 2024. The Board decision and Notice of Decision will be mailed on October 22, 2024. A copy of both documents can be downloaded below. There is a 21-day appeal period to the Land Use Board of Appeals (LUBA). 

Background

 The Hearing’s Officer issued a recommendation of approval on June 2, 2022 for the applications. The Hearing’s Officer Recommendation is included in its entirety in the application record. The Board of County Commissioners (BOCC) is the final local decision-making body on these applications. A Public Hearing was held before the BOCC on August 17, 2022. The Board deliberated and voted to approve the requests on September 28, 2022. First reading of Ordinance 2022-013 was held on November 21, 2022, and the second reading was held on December 14, 2022. The BOCC voted to adopt Ordinance 2022-013 on December 14, 2022. The notice of decision was mailed to interested parties on December 21, 2022 and can be found under the “Decisions, Memos, Orders & Staff Reports” section below along with the signed Ordinance.

The County's decision on this matter was appealed to LUBA on January 10, 2023. LUBA issued their Final Opinion and Order remanding the County's decision back to the County for further review on July 28, 2023 (ref. LUBA nos. 2023-006 and 2023-009). The remand was appealed to the Court of Appeals. The Court of Appeals issued a ruling on January 24, 2024. 

Staff Contact

Haleigh King, Associate Planner
Haleigh.king@deschutes.org
(541) 383-6710