2021-490-Order No. 2021-065 Recorded 12/27/2021REVIEWED
2&m/
LEGAL COUNSEL
Recorded in Deschutes County CJ2021-490
Steve Dennison, County Clerk 1
Commissioners' Journal 2/27/2021 3:08:14 PM
.,,.: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
�- 2021-490
For Recordinz Stamp On
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying Review of Hearings
Officer's Decision in File Nos. 247-21- * ORDER NO. 2021-065
000666-CU and 247-21-000834-A.
WHEREAS, on November 24, 2021, the Hearings Officer approved Application Nos. 247-21-
000666-CU and 247-21-000834-A; and
WHEREAS, on December 6, 2021, Annunziata Gould, the Appellant, appealed (File No. 247-
21-001062-A) the Deschutes County Hearings Officer's Decision on File Nos. 247-21-000666-CU
and 247-21-000834-A; and
WHEREAS, Sections 22.32.027 and 22.32.035 of the Deschutes County Code ("DCC") allow
the Deschutes County Board of County Commissioners ("Board") discretion on whether to hear
appeals of Hearings Officers' decisions; and
WHEREAS, the Board has given due consideration as to whether to review this application
on appeal; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That it will not hear on appeal application 247-21-001062-A pursuant to Title
22 of the DCC and/or other applicable provisions of the County land use ordinances.
Section 2. Pursuant to DCC 22.32.015, the County shall refund any portion of the appeal
fee not yet spent processing the subject application. If the matter is further appealed to the Land
Use Board of Appeals and the County is required to prepare a transcript of the hearing before the
Hearings Officer, the refund shall be further reduced by an amount equal to the cost incurred by
the County to prepare such a transcript.
Section 5. Pursuant to DCC 22.32.035(D), the only documents placed before and
considered by the Board are the notice of appeal, recommendations of staff, and the record
developed before the lower hearing body for file nos. 247-21-000666-CU-A and 247-21-000834-A
(appeal file no. 247-21-001062-A) as presented at the following website:
ORDER NO. 2021-065
https://www. deschutes org/cd/page/247-21-000666-cu-247-21-000834-and-247-21-001062-
private-airstrip
DATED this )b day of
ATTEST:
Recording- Secretary
Secretary
.2021.
BOARD OF COUNTY COMMISSIONERS
ANTHONY DeBONE, Chair
PHIL CHANG, Vice Chair
(1A
PATTI ADAIR, Commissioner
ORDER NO. 2021-065
BOARD OF
rMOU,• '
MEETING DATE: December 20, 2021
SUBJECT: Board Order 2021-065; decision whether to hear an appeal of the Hearings
Officer's approval of an application to establish a personal use airstrip.
RECOMMENDED MOTION:
Move approval of Signature of Board Order 2021-065, declining to hear appeal.
BACKGROUND AND POLICY IMPLICATIONS:
On December 22, 2021, the Board of County Commissioners will consider whether to hear an
appeal (land use file no. 247-21-001062-A) of a Hearings Officer's approval of conditional use
application 247-21-000666-CU and 247-21-000834-A. The personal use airstrip will consist of a
75 foot -wide by 2,000 foot -long dirt airstrip. Use of airstrip will be limited to 6 take off and
landing operations per week. No structures are proposed.
BUDGET IMPACTS:
None.
ATTENDANCE:
Anthony Raguine, Principal Planner
Will Groves, Planning Manager
Legal Counsel
MEMORANDUM
TO: Board of County Commissioners
FROM: Anthony Raguine, Principal Planner
DATE: December 15, 2021
RE: Appeal of Hearings Officer's approval of an application to establish a personal use
airport in the Exclusive Farm Use Zone; Land use file nos. 247-21-000666-CU, 247-
000834-A and 247-21-0001062-A
On December 20, 2021 the Board of County Commissioners ("Board") will consider hearing an
appeal of the Hearings Officer's approval of a conditional use permit to establish a personal use
airport.
I. PROCEDURAL HISTORY
On September 1, 2021, staff issued an administrative approval of the conditional use permit. On
September 13, 2021, Annunziata Gould filed a timely appeal (247-21-000834-A) of staffs approval.
A public hearing before the Hearings Officer was held on November 7, 2021. The Hearings Officer
issued an approval on November 24, 2021. Ms. Gould filed a timely appeal of the Hearings Officer's
approval on December 6, 2021.
II. PROPOSAL
The proposed personal use airstrip will consist of a 75-foot-wide and 2,000-foot-long dirt airstrip.
Use of the airstrip will be limited to no more than 6 take off and landing operations per week.
Removal of some trees and limited grading will be required. No structures are proposed.
M. GOULD APPEAL
Annuziata Gould, the appellant, requests the Board review the Hearings Officer's decision on appeal
to address the following summarized issues.
• The subject property contains land which is less suitable for agricultural use than the
proposed airstrip location.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd
• The applicant has not demonstrated he owns and controls the subject property and both
aircraft.
• Impacts to Maston Wildlife Conservation Area and recreational users of this area.
• Impacts to nesting golden eagles.
• Conflicts with the Airport Safety Combining Zone.
• Need for a windsock and associated Landscape Management and Site Plan review.
• Inadequate compatibility analysis.
• Conflicts with Redmond Airport airspace and associated air traffic.
• Adequacy of roads serving the property.
• Impacts due to increased flight traffic from the use in an area of already congested air traffic.
Ms. Gould requests de novo review of the Hearings Officer's decision.
IV. BOARD OPTIONS
There are two versions of Order No. 2021-065 attached to this memo; one to hear the appeal and
one to decline to hear the appeal. In determining whether to hear an appeal, the Board may
consider only:
1. The record developed before the Hearings Officer;
2. The notice of appeal; and
3. Recommendation of staff'
In addition, if the Board decides to hear the appeal, it may consider providing time limits for public
testimony.
Reasons not to hear
The Hearings Officer's decision is reasoned, well written, and could be supported, as the record
exists today on appeal to LUBA. Additionally, there is insufficient time for the Board to conduct an
appeal hearing. The 150th day is January 24, 2022.
Reasons to hear
The Board may want to take testimony and make interpretations relating to the Hearings Officer's
decision. The Board may also want to reinforce or refute some or all of the decision
findings/interpretations prior to Land Use Board of Appeals review. Lastly, there was significant
participation from the public and neighbors in the land use process.
If the Board chooses to hear this matter, the appellant requests the Board conduct a de novo
hearing. Under Deschutes County Code 22.32.027(B)(3), the Board may choose to hear a matter de
novo at their sole discretion.
' Deschutes County Code 22.32.035(D)
247-21-000666-CU, 247-21-000834-A, 247-21-001062-A Page 2 of 3
If the Board decides the Hearings Officer's decision shall be the final decision of the county, then
the Board shall not hear the appeal and the party appealing may continue the appeal as provided
by law. The decision on the land use application and associated appeals becomes final upon the
mailing of the Board's decision to decline review.
V. STAFF RECOMMENDATION
Staff recommends the Board not hear this appeal because staff believes the appellant was able to
present all relevant evidence at the hearing and during the open record period. Further, staff agrees
with the Hearings Officer's analysis and decision. Finally, staff notes there is insufficient time in the
150-day land use review clock to conduct an appeal hearing and issue a decision.
VI. 150-DAY LAND USE CLOCK
The 1501h day on which the County must take final action on these applications is January 24, 2022.
VII. RECORD
The record for land use file nos. 247-21-000666-CU, 247-21-000834-A and 247-21-001062-A is as
presented at the following Deschutes County Community Development Department website:
https://www deschutes.org/cd/page/247-21-000666-cu-247-21-000834-and-247-21-001062-
private-airstrip
The website includes the appeal application filed by Ms. Gould.
Attachments:
1. DRAFT Board Order 2021-065 Accepting Review of the Hearings Officer's Decision
2. DRAFT Board Order 2021-065 Declining Review of the Hearings Officer's Decision
247-21-000666-CU, 247-21-000834-A, 247-21-001062-A Page 3 of 3