Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Comprehensive Plan topic
No spam. Unsubscribe anytime.
Commissioners debate whether to pursue narrow LUBA remand or pause 2040 comprehensive plan
Summary
Planning staff recommended a targeted, technical remand to comply with a LUBA order addressing OAR 660-004 and cluster/unit development policy; commissioners split on whether to complete that limited remand now or pause the 2040 process for a broader update under a future board.
County planning staff asked the Board of Commissioners on June 1 to initiate limited remand proceedings to address a Land Use Board of Appeals (LUBA) decision that remanded portions of the Deschutes County 2040 comprehensive plan.
Will Groves, the county planning manager, told commissioners the April LUBA opinion requires two discrete fixes: additional notice that staff omitted in an earlier iteration and a targeted amendment to policy 10.1.0.3 so the plan's treatment of cluster and planned-unit developments on non-resource and exception lands aligns with OAR 660-004. "This is a relatively narrow remand," Groves said, and staff provided draft language intended to comply with the order.
Commissioners split on the strategy. One commissioner urged the board to pause the 2040 plan and let a future board (after the 2026 election) undertake a broader rewrite, citing concerns that the community now faces new pressures — growth, wildfire risk, drought and water-quality issues — that merit a more expansive update. Other commissioners described the community engagement that produced the 2040 plan and favored completing the targeted remand now so the county can record a decision and maintain momentum. Several commissioners noted the legal and notice steps require planning-commission review and additional public notice.
A commissioner moved to initiate the limited remand proceedings and another seconded; discussion continued about timing, the scope of the legal questions under OAR 660-004, and whether the county should break future plan work into modules rather than a full redraw. The transcript does not record the final vote outcome in the provided segments. Staff told the board they can also prepare materials to formally withdraw the 2040 plan if the board chooses that path.
Why it matters: The board's choice will determine whether the county pursues a targeted, legally directed fix now — a process staff said could be completed relatively quickly — or pauses for a more substantial update that would require broader public engagement and a longer timetable.
Next steps: Staff will be available to proceed either with the limited remand tracks described in the draft order or to prepare withdrawal materials if the board directs that course; the planning commission must be included in the notice and consideration process if the remand proceeds.
