[{"_1":2,"_109":-5,"_110":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,97],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",7311667,"mediaKeyId","5609068-9ce91bc416061d71931b6b4a18a82dff","parentId",5609068,"title","Deschutes County holds de novo hearing on 240-acre EFU-to-MUA10 rezoning east of Bend; record left open","audioSeconds",5149,"startMs",1251000,"endMs",6400000,"viewUrl","/Search/View?dp=1&key=5609068-9ce91bc416061d71931b6b4a18a82dff&start=1251&end=6400","thumbnailUrl","https://assets.pipeline.soar.com/5609068-9ce91bc416061d71931b6b4a18a82dff/thumbnail_1251000.jpg","articleUrl","/articles/7311667/Deschutes-County/Oregon/Deschutes-County-holds-de-novo-hearing-on-240-acre-EFU-to-MUA10-rezoning-east-of-Bend-record-left-open","mediaUrl","https://secure.pipeline.soar.com/7311667-8f2ec023a4f1b769306f6dad71889c13/orig.mp4?Expires=1773587485&Signature=Zc-IOzkcrfiOD7YEUXZfR4E0Xd4fb~htvUxG8GoIeq5JAqFBxtRuVobqpQsBKt1Iw2J69jFdLSfgcqhtm-1TF8IJdL7oJozYbsbpYWKiCyzVPFrJxUYbcC9G5Mn3tOe8m9iWDhcCFt4ghhHy3lN4pfDdGWl~f7cZMqBTO44UOFmHvdD5yBMWTqbyJ9i2Bh2bgzdKiR5eqtdbOIpAmmzBxeSffjxRjQ3Cri-NpoA0yCEYd16TZr9ufwHoLMhRZs2vSE1Q8KQicJnXWJhlgrINKVlsjS3k6iAhRNUD4Y0GJVQBv8SxXPZ-3B0pigkuRK~TghG2Y5oZm4DCqmOKgMOCGQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Deschutes County, OR","date","2025-08-20T17:47:57.247Z","article","The Deschutes County Board of Commissioners on Aug. 20 conducted a de novo public hearing on an application to amend the county comprehensive plan and rezone 240 acres east of Bend from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10). Staff described the property as four tax lots totaling 240 acres, including one dwelling and a photovoltaic array that covers about 62 acres. The board set a written open-record period (standard 7-7-7): new evidence due Aug. 27 at 4 p.m., rebuttal due Sept. 3 at 4 p.m., and final applicant legal argument due Sept. 10 at 4 p.m.; no final decision was made at the hearing.

Why this matters: If ultimately approved and later added to the city urban growth boundary, the zoning change would affect the timing and pattern of development at the urban edge and influence which lands are available for future urbanization. Opponents argued the change would permit suburban-style development near the UGB, while the applicant and hearings officer said the MUA-10 designation supports an orderly transition from urban to rural uses.

Staff presentation and procedural background
Audrey Stewart, associate planner, opened the hearing with a staff overview and explained procedures. Stewart told the board the application seeks a concurrent comprehensive plan amendment (agriculture to rural residential exception area) and a zone change from EFU to MUA-10. She said the property is east of Bend, north of Highway 20, bordered by Ward Road to the west and Erickson Road to the east, and contains one dwelling and a photovoltaic solar array. Stewart summarized the administrative record: an initial hearings officer hearing was held May 9; the hearings officer recommended approval (recommendation mailed July 9); seven written public comments opposed the application prior to the hearings officer hearing and four additional comments arrived afterward, including one from Central Oregon Land Watch.

Applicant summary and main arguments
Christopher Koback, attorney for applicant BCL, LLC, summarized the application and the hearings officer's findings and urged approval. Koback said the property contains predominantly Class 7 and 8 soils (the applicant’s soil consultant concluded roughly 52% class 7 and 8 soils) and that the applicant’s consultant used NRCS map data to refine the soil classification rather than conducting site-specific test pits. Koback argued that the MUA-10 zone fits the purpose of supporting an orderly transition from urban to rural uses in this area, noting prior EFU-to-MUA rezoning activity nearby. On the solar array, he cited the Oregon Supreme Court precedent that a lawfully established nonconforming use does not by itself make a rezoning inconsistent with the purpose of a new zone and noted prior county approvals of solar facilities in the area required removal guarantees and financial security at end of life.

Opposition and concerns
Rory Isbell, staff attorney for Central Oregon Land Watch, testified in opposition. LandWatch argued the change would create a willful nonconforming situation because the solar array is not allowed in MUA and contended the property is agricultural land protected under Statewide Planning Goal 3 when the applicant’s originally-proposed additional 19 acres are considered. LandWatch also raised Goal 14 concerns, saying the proposed densities (including density bonuses for lands within one mile of the urban growth boundary and the county provision allowing no minimum lot size for planned developments) could permit urban-scale residential development that would draw urban services and frustrate established UGB purposes.

Public comment and questions from commissioners
A nearby resident (Barnett) raised multiple practical concerns about traffic, wildlife impacts, wells and water rights, septic, emergency services and timing of any future development. Commissioners asked staff and the applicant detailed questions about soils methodology (NRCS mapping vs. site-specific test pits), how the solar array would be treated as a nonconforming use, likely lifespan of the photovoltaic equipment (applicant’s materials and traffic analysis assumed equipment life and possible redevelopment within the county planning horizon of about 20 years), and the relationship between MUA rezones and future urban growth boundary (UGB) expansions. Commissioner Chang also asked staff about county efforts to protect land for future urbanization and staff said a DLCD-funded code project (future urbanization development code amendment) would run through June 2027 with $25,000 in DLCD funding and include outreach to utilities and OWRD; staff said they would provide a more detailed update at the board’s joint meeting with the Planning Commission on Sept. 25.

Hearing record and next steps
No party asked that the oral hearing stay open; after discussion the board agreed to a 7-7-7 written open-record period for additional materials (new evidence/testimony due Aug. 27 at 4 p.m., rebuttal Sept. 3 at 4 p.m., applicant final argument Sept. 10 at 4 p.m.). Audrey Stewart instructed parties to email submissions to audrey.stewart@deschutes.org and reminded submitters not to use external cloud links. The board did not reach a final decision; deliberations will be scheduled later after the record closes.

Background points in the record
- Application file numbers announced: 2472497PA and 2472498ZC; the applicant filed a modification (file 247-25-000021-MA) that reduced the rezoned acreage to 240 acres.
- The hearings officer recommended approval after an open-record hearing; staff received seven initial written opposition comments and four additional comments after the recommendation was mailed.
- The property contains an approximately 62-acre photovoltaic array; the applicant’s consultant reported typical equipment lifespan between roughly 20–40 years and the traffic analysis was prepared on the assumption of redevelopment within the 20-year planning horizon when requested by county transportation staff.

What remains unresolved
Key unresolved matters in the record include (a) the sufficiency and method of the soil analysis (NRCS map refinement vs. site-specific test pits), (b) whether the parcel qualifies as agricultural land under Goal 3 when surrounding lands and the originally-included 19 acres are considered, (c) whether allowing MUA-10 density and county clustering/planned development provisions could preclude future urbanization consistent with Goal 14, and (d) local concerns about wells, septic capacity, traffic safety and emergency services. These issues are preserved for the written record and for later deliberations.

Quote highlights
\"The applicant is requesting to change the zoning from exclusive farm use to multiple use agricultural,\" Audrey Stewart, associate planner.
\"We respectfully request that it be approved,\" Christopher Koback, attorney for applicant BCL, LLC.
\"LandWatch does oppose this application,\" Rory Isbell, Central Oregon Land Watch staff attorney.

Ending
The record will remain open for written submissions under the 7-7-7 schedule; the board will set a later date for deliberations and a final decision after reviewing the supplemental materials that arrive during the open-record period.","mediaType","Video","parentTitle","08/20/2025 - Board of Commissioners - Wednesday Meeting","oneSentenceSummary","The Deschutes County Board of Commissioners held a de novo public hearing on Aug. 20 on a request to amend the comprehensive plan and rezone 240 acres east of Bend from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10). The hearings officer recommended approval; the board left the written record open under a standard 7-7-7 schedule and","taxTitle","Deschutes County, Oregon","taxId",2763,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},7311662,"Commissioners approve annexation of two Cabin Lane properties into Bend Park & Recreation District",191,1050000,1241000,"/Search/View?dp=1&key=5609068-9ce91bc416061d71931b6b4a18a82dff&start=1050&end=1241","https://assets.pipeline.soar.com/5609068-9ce91bc416061d71931b6b4a18a82dff/thumbnail_1050000.jpg","/articles/7311662/Deschutes-County/Oregon/Commissioners-approve-annexation-of-two-Cabin-Lane-properties-into-Bend-Park-Recreation-District","https://secure.pipeline.soar.com/7311662-b3e505a9ab3f81b001b60b0e24d01c3e/orig.mp4?Expires=1773587485&Signature=VAdoKHbtOCehIzTf-xtlCRoE2kfrIqI2Z0e08OBvMkPcKSeYA~yjskTCDu6SZJ6zifkxrGkd7b0GZz8sBKBH5o75WAfDocEO1uXUH1Y9F6meIitHqVc5DU8DIKcVf9grIzgxcW40O128DSJHH6kKWyJ~Sft-C6mrJo9jDEiLanHhsD~p5X~Gcl38bGRGmVG~-qJBivqaUDFJjm2V3nfaVfkJ-mXUIU1id3TpGkzTaaCw4Vn6UdUQcud4EL-wg8a1-fQbZ6xkr~cQ~SjKjsm~nm-jE5Dii6~d7PfAJ5K0JFf3cW8eFt~EcQ24dWnjVvVugr1m8~QrVuhDUlHYphicyg__&Key-Pair-Id=KUT5TJCACFTXG","The Deschutes County Board of Commissioners on Aug. 20 approved Order 2025-034 to annex two properties in the 6100 block of Cabin Lane into the Bend Park and Recreation District. County Counsel Dave Doyle presented the petition, noting the district had approved the annexation and that staff from the assessor, clerk and community development had reviewed the petition and found it met requirements.

Doyle said the applicant provided an updated packet that included a map and redacted signatures for recording. No members of the public testified at the public hearing. A motion to approve the order was made, seconded and carried with the chair and both commissioners voting yes.

The board characterized the annexation as a routine, noncontroversial step to bring the properties into the park district’s service area. Staff will forward the order to the clerk’s office for recording with signatures redacted as required.

Ending
Staff will record the order and complete the administrative processing that follows annexation into the Bend Park and Recreation District.","The Deschutes County Board of Commissioners voted to approve Order 2025-034 to annex two properties in the 6100 block of Cabin Lane into the Bend Park and Recreation District; the action was moved, seconded and approved unanimously on Aug. 20.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":44,"_45":91,"_47":92,"_49":50,"_51":93,"_53":94,"_55":56,"_57":58,"_59":95,"_61":62,"_63":64,"_65":96,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6694794,"Deschutes County holds de novo hearing on request to rezone 240 acres east of Bend; written record left open under 7-7-7 schedule",5210,6461000,"/Search/View?dp=1&key=5609068-9ce91bc416061d71931b6b4a18a82dff&start=1251&end=6461","/articles/6694794/Deschutes-County/Oregon/Deschutes-County-holds-de-novo-hearing-on-request-to-rezone-240-acres-east-of-Bend-written-record-left-open-under-7-7-7-schedule","https://secure.pipeline.soar.com/6694794-a421942bd0d5467c349a2b8ade129ada/orig.mp4?Expires=1773587485&Signature=U8c9H3wOZOZ4utV6o-5oQu7x8UByZH2sAX7m7Y7NMuNKrsfbonIM1Clas7Ol3zllqIAI4CQy1GTVvfZVOodm4PLxqTiwUQgkhKSdaGtOP37TJfg6w-qXSSw6~T3jB5kJhpn8-nlslwjUZqx4fuKz-aq4FqTGDlBrQSEnG5KRjcaUFq~CcuARAkIUHw8KAJCBV~ndE0~8veeQtdEm2uwyOT9gggMqMaUcOJcPZYqZVWswPLRY0ZwEoXRbfHEyKuglxFBAwSK00TJsCAWOeBDtFpGIhObiSGce1XGUXB6Syaz2W~EinEurpWL2KjUV74FiPT4XOZTUihm4Ie13nO9YrA__&Key-Pair-Id=KUT5TJCACFTXG","The Deschutes County Board of Commissioners on Aug. 20 held a de novo public hearing on an application to amend the comprehensive plan and rezone 240 acres east of Bend from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10). The board left the written record open under a standard 7-7-7 schedule: new evidence due Aug. 27 at 4 p.m., rebuttal due Sept. 3 at 4 p.m., and the applicant’s final legal argument due Sept. 10 at 4 p.m.

Audrey Stewart, associate planner with Deschutes County Community Development, summarized the application and process. She said the property consists of four tax lots totaling 240 acres, contains a lot-of-record dwelling and a photovoltaic solar array covering about 62 acres, and lies east of Bend north of Highway 20 between Ward Road and Erickson Road. The applicant seeks a comprehensive plan amendment from agriculture to rural residential exception area and a zone change from EFU to MUA-10. Stewart explained the county must hold a de novo hearing because the request affects resource land and outlined four procedural options the board could take following the hearing.

Christopher Koback, the applicant’s attorney, said the record compiled by staff and the hearings officer supports approval. He described past rezones east of Bend, explained that the applicant’s soil consultant relied on NRCS mapping and a memo interpreting complex soil units, and said the hearings officer recommended approval. Koback noted the solar array on the property would be a nonconforming use under MUA-10 and cited Holmes v. Clackamas County to argue an existing lawful nonconforming use does not render the rezoning inconsistent with the new zone.

Rory Isbell, staff attorney for Central Oregon Land Watch, opposed the application. He argued the proposed MUA-10 zone does not allow a photovoltaic array and that rezoning would create a willful nonconforming use. Isbell also said the county should treat the soil consultant memo as a state-required soil assessment (and thus require DLCD certification) and asserted that when earlier iterations of the application included roughly 19 additional acres the combined parcel met NRCS criteria for agricultural land. He also raised concerns about the MUA density bonus within one mile of the urban growth boundary and noted county code provisions that allow planned developments with no minimum lot size.

Members of the public raised traffic, wildlife, water (wells and water rights), septic, road safety and fire-service capacity questions. An audience member asked whether a traffic study had been completed; staff and the applicant said a traffic analysis for the MUA-10 worst-case scenario was completed and iterated with transportation staff; transportation staff also asked the applicant to model redevelopment within a 20-year planning horizon. Nearby residents also requested more data on wildlife impacts and groundwater impacts.

During the hearing commissioners probed competing soil-evidence approaches: site-specific soil studies based on test pits versus reliance on NRCS mapping and consultant memos that interpret ‘‘complex’’ soil units. The applicant’s representative said their certified soil scientist had concluded the property is predominantly class 7 and 8 soils and that other recent rezones in the area used a similar approach. The applicant also supplied economic and irrigation-related arguments, including written testimony from an expert (Eric Haggerty) that argued farm activities requiring irrigation or large investments are unlikely given limited water rights and high costs.

Staff advised the board that they had received multiple written comments, including seven submissions before the hearings officer hearing and four more since the hearings officer’s recommendation was mailed July 9 (one of those four from LandWatch). The hearings officer had held an initial hearing May 9 and issued a recommendation for approval on July 9.

Commissioners asked staff to provide a follow-up regarding transportation and whether the Ward/Highway 20 roundabout has reduced crashes; staff said the county’s transportation planner and ODOT had reviewed the traffic work and that further follow-up could be provided. Community Development staff planner Nicole Bridal and CDD Director Peter Gutowski described a DLCD-funded “future urbanization” code project (grant: $25,000; grant deadline June 30, 2027) the county is starting to study rezonings and development adjacent to the Bend UGB and to explore code changes such as land-division, cluster and planned-unit development standards to preserve lands for future urbanization.

After public testimony and applicant rebuttal, the board discussed whether to leave the written record open. Commissioners expressed differing views: some favored closing the record and setting deliberations later; others favored leaving the record open to allow additional neighbors to submit comments. The board adopted a 7-7-7 schedule for written submittals (new evidence by Aug. 27, rebuttal by Sept. 3, applicant final argument by Sept. 10) and closed the oral portion of the hearing. No final vote on the rezoning was taken at the Aug. 20 meeting; the hearings record will be expanded and the board will deliberate later based on the updated written record.

Key factual points stated on the record include: the project area is 240 acres; the existing photovoltaic array covers about 62 acres; the hearings officer recommended approval on July 9; the applicant provided a soils memo interpreting NRCS complex soil mapping (no site-specific test pits); the county received a DLCD grant of $25,000 to study code approaches for lands adjacent to the Bend UGB; and the county transportation planner asked the applicant to analyze redevelopment within a 20-year planning horizon for traffic modeling.

The board provided explicit deadlines for written submissions addressed to Audrey Stewart at audrey.stewart@deschutes.org: new written evidence and testimony (Aug. 27, 4 p.m.), rebuttal (Sept. 3, 4 p.m.) and applicant final legal argument (Sept. 10, 4 p.m.). The oral hearing portion is closed and deliberations will be scheduled after the written record closes.","The Deschutes County Board of Commissioners on Aug. 20 held a de novo public hearing on a request to rezone 240 acres east of Bend from Exclusive Farm Use (EFU) to Multiple Use Agricultural (MUA-10) and left the written record open under a standard 7-7-7 schedule.",{"_33":98,"_35":36,"_37":38,"_39":99,"_41":100,"_43":101,"_45":102,"_47":103,"_49":104,"_51":105,"_53":106,"_55":56,"_57":58,"_59":107,"_61":62,"_63":64,"_65":108,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6694799,"Deschutes County approves annexation of two properties into Bend Park & Recreation District",160,1061000,1221000,"/Search/View?dp=1&key=5609068-9ce91bc416061d71931b6b4a18a82dff&start=1061&end=1221","https://assets.pipeline.soar.com/5609068-9ce91bc416061d71931b6b4a18a82dff/thumbnail_1061000.jpg","/articles/6694799/Deschutes-County/Oregon/Deschutes-County-approves-annexation-of-two-properties-into-Bend-Park-Recreation-District","https://secure.pipeline.soar.com/6694799-5ca8b798a78e1e8b28fc25dcb5417b05/orig.mp4?Expires=1773587485&Signature=Zj9wnQNFYbgyYvJ7RnGxsTps8YXdnOBtGxBdFd~pgoD5ToRiNWGOit2ZjXod7xMCVIV5Xhhie7q2skuPw2sFYX8wQ9WODqGgd0URE-XYbqKlwixz3wBkK27xiohsF0OABac9wtDAc34WhvHSA643pGn72cnTrDsAr2azxzBwEFP5CSbcnYAWapxiFXwl1IMGUxCtj2zYTP9Y87F3bh4myrLaI7CCXpDPAXrvTTWViitpHnHj2satHdvl8rTafBolJa28zB73uOTRbiHAZzJNPhfe5dneNa2kpE530P-3ErsHVwWOK9V91gDz9xWcej3AvhTW8x1jhWEBpAAYn6EANg__&Key-Pair-Id=KUT5TJCACFTXG","The Deschutes County Board of Commissioners voted unanimously Aug. 20 to approve Order 2025-034, annexing two properties on the 6100 block of Cabin Lane into the Bend Park and Recreation District.

County Counsel Dave Doyle told the board the petition had been reviewed by the assessor, clerk and Community Development and that the district had approved the annexation. Doyle said the package the board received included an updated map and that signatures on the recorded documents would be redacted before filing.

No members of the public testified during the hearing. Commissioner (name as recorded) moved approval of Order 2025-034; the motion was seconded and received affirmative votes from Commissioner Dyer, Commissioner Chang and Chair DeBoehn.

The annexed area comprises two properties near the Cabin Lane area; Doyle described the total acreage as approximately 10 acres and noted dwellings on the properties. The clerk will record the order with the redacted signatures as required.

Because this item was handled as part of the consent/standard public hearing process, the board did not request additional findings or continue the matter. No appeals, conditions beyond those in the order, or implementation dates were announced at the meeting.","The Deschutes County Board of Commissioners voted unanimously Aug. 20 to approve Order 2025-034, annexing two properties on the 6100 block of Cabin Lane into the Bend Park and Recreation District.","actionData","errors"]

Article not found

Deschutes County holds de novo hearing on 240-acre EFU-to-MUA10 rezoning east of Bend; record left open

Commissioners approve annexation of two Cabin Lane properties into Bend Park & Recreation District

Deschutes County holds de novo hearing on request to rezone 240 acres east of Bend; written record left open under 7-7-7 schedule

Deschutes County approves annexation of two properties into Bend Park & Recreation District