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After heated remand hearing, Deschutes commissioners leave Destiny Court record open for new evidence
Summary
In a remand hearing on a proposed plan amendment and zone change for a 65‑acre parcel near Bend, commissioners set an open‑record period after hearing conflicting expert testimony over soils, irrigation and farm suitability and a procedural objection from Central Oregon LandWatch about notice and applicant materials.
The Deschutes County Board of Commissioners on Jan. 28 reopened and heard a LUBA remand for a Comprehensive Plan Amendment and zone change (file 247‑25‑000759‑A) for the Destiny Court property, a roughly 65‑acre parcel between Redmond and Tumalo. The remand — limited to two issues identified by the Land Use Board of Appeals — focused on (1) how Comprehensive Plan Policy 3.3.01 interacts with MUA‑10 zone dimensional standards and (2) whether specified farm uses are feasible on the property.
Caroline House, senior planner, explained the remand hearing procedures and the narrow scope of allowed new evidence. Central Oregon LandWatch objected early in the hearing, arguing that the applicant had not provided materials 20 days in advance as required by ORS notice language and that staff reports must be available seven days before the hearing; the group asked the board to remand for lack of procedural compliance. County legal staff said the…
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