247-25-000145-PA Reconsideration: Deschutes County 2040 Comprehensive Plan Update (Hearing Page)

Note: The information below pertains to the 2025 Reconsideration Hearing for the Deschutes County 2040 Comprehensive Plan Update. The entire record from the previous hearing process (247-24-000644-PA) is included in the Application Materials Section titled "Complete Amended LUBA Record".

Proposal Summary

The Board of County Commissioners will hold a reconsideration hearing to gather additional testimony on issues raised through the Land Use Board of Appeals process. Following the adoption of the Deschutes County 2040 Comprehensive Plan in October 2024, the decision was appealed by Central Oregon Landwatch. In the Petitioner's Brief (see application materials below), Central Oregon Landwatch raised concerns regarding policies related to the rezoning of land to rural industrial and rural commercial designations, and the rezoning of farmland to rural residential uses. The reconsideration hearings were held limited de novo meaning testimony is limited to only the issues raised in the petitioner's brief.

Background

The Board of County Commissioners voted on October 2, 2024, to adopt the Deschutes County 2040 Comprehensive Plan. The updated document intends to provide overarching policy guidance on land use and planning-related issues for the years 2020-2040. The document applies to areas under County planning jurisdiction, excluding cities and federally owned land. Topics covered include housing, recreation, jobs, natural hazards, community engagement, farm and forest lands, historic and cultural resources, and natural resources. The update does not include any changes to community plans, the transportation system plan, or the County's Goal 5 natural resource inventories.

The decision to approve the Deschutes County 2040 Plan was appealed to the Land Use Board of Appeals (LUBA). Local governments have the option to hold a reconsideration hearing in order to address new issues raised at LUBA that were not fully discussed at the local level. This process pauses the appeal and allows for a revised decision to be issued by the Board to address the issues. Note: this is not a decision on remand.

Application Status

The Board of County Commissioners (Board) held limited de novo public hearings on April 23 and May 21, 2025 to reconsider the Deschutes County 2040 Comprehensive Plan (2040 Plan) and gather testimony on issues raised in Central Oregon Landwatch’s Land Use Board of Appeals (LUBA) Petitioner's Brief. At the May 21 hearing, the Board voted to close the oral portion of the hearing and leave the written record open until Wednesday, May 28 at 4 pm. The Board deliberated on June 11, 2025, and voted 2-1 on a revised version of the 2040 Plan. The first reading of Ordinance 2025-007 to adopt the decision on reconsideration occurred on June 25.

Following first reading, on June 26, LUBA notified the County of their final opinion and order pertaining to Central Oregon Landwatch vs. Deschutes County and Destiny Court Properties LLC. In the Destiny Court decision, LUBA scrutinized a policy from the 2011 Comprehensive Plan that requires a 10-acre minimum lot size for rural residential properties. This prompted the County to evaluate this policy in relation to minimum lot size requirements for cluster and planned unit developments and zoning code provisions that allow lots smaller than 10 acres.

On July 21, 2025, the Board approved Order 2025-030, directing staff to reopen the written record for the 2040 Plan and accept new testimony and evidence specific to: the Destiny Court decision, minimum lot size requirements for rural residential areas, cluster and planned unit developments, a new policy - Policy 10.1.1, and renumbered policies 10.1.2 to 10.1.9.

Proposed Policy 10.1.1 (draft) Except for parcels in the Westside Transect Zone, the minimum lot or parcel size for new residential parcels shall be 10 acres. Notwithstanding, for cluster or planned unit development, the minimum lot or parcel size for new residential parcels shall be no less than 2 acres and must demonstrate compliance with applicable provisions of OAR 660-004.

Staff submittals, including the Destiny Court decision and updated versions of the draft 2040 Plan with proposed policy 10.1.1 can be found under "Application Materials - Supplemental".

The written record closed on August 1, 2025. No further testimony will be accepted.

The Board conducted deliberations on August 11, 2025 and voted 2-1 to move forward with the proposed revisions.

The Board completed second reading to adopt Ordinance 2025-007 on August 27, 2025.

The signed ordinance can be found under the "Decisions, Memos, Orders & Staff Reports" tab below.

The Notice of Decision can be found under the "Notices" tab.

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