2026-5-Order No. 2026-02 Recorded 1/12/2026REVIEWED
LEGAL COUNSEL
Recorded in Deschutes County CJ2026-5
Steve Dennison, County Clerk
Comn-ossioners' Journal r■ 01 /12/2026 2:24:09 PM
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2026-5
n.:
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Allowing the Board of County
Commissioners to Consider New Evidence * ORDER NO. 2026-002
Relevant to LUBA No. 2025-015 and
Remand File No. 247-25-000759-A
WHEREAS, the Oregon Land Use Board of Appeals ("LUBA") issued a Final Opinion and
Order in LUBA No. 2025-015 remanding Deschutes County's approval of a Comprehensive Plan
Amendment and Zone Change request by Destiny Court Properties, LLC ("Applicant"); and
WHEREAS, the Applicant timely requested in writing that the County proceed with the
remand application (ref. File No. 247-25-000759-A); and
WHEREAS, Section 22.34.040(A) of the Deschutes County Code ("DCC") allows the Board of
County Commissioners ('Board") discretion to reopen the record in instances in which it deems to
be appropriate; and
WHEREAS, the Applicant has requested the reopened record be limited to only one remand
issue, evaluation of whether the subject property is suitable for the farm uses Central Oregon
LanclWatch ("Petitioner") identified in the record.
WHEREAS, the Board wishes to clarify that parties may present new evidence regarding the
issue remanded to the County by LUBA in this matter and described above; and
WHEREAS, the Board does not wish to reopen the record to allow parties to raise new
issues; any additional testimony and evidence submitted by the parties must comply with DCC
22.34.040(C); now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board hereby reopens the record for remand File No. 247-25-000759-A to
consider new testimony and evidence related to the evaluation of whether the subject property
is suitable for the farm uses Petitioner identified in the record.
PAGE 1 OF 2 - ORDER No. 2026-002
Section 2. The County on remand shall not accept new testimony and evidence on any
other issues unless allowed by DCC 22.34.040(C).
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Dated this Xh of January, 2026
ATTEST:
Recording Secretary
PAGE 2 of 2 - ORDER No. 2026-002
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PHIL CHANG, Chair
ANTHONY DeBONE, Vice Chair
PATTI ADAIR, Commissioner
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MEETING DATE: January 5, 2026
SUBJECT: Destiny Court PA/ZC Remand Record Decision
RECOMMENDED MOTION:
Either:
A) Move to approve Order No. 2026-002, an order to reopen the record for remand
File No. 247-25-000759-A to consider new evidence related to the evaluation of
whether the subject property is suitable for the farm uses Petitioner identified in the
record.
•m
B) Move to approve Order No. 2026-002, an order to reopen the record for remand
File No. 247-25-000759-A to consider new evidence related to all remand issues for
LUBA No. 2025-015.
BACKGROUND AND POLICY IMPLICATIONS:
On December 23, 2025, Destiny Court Properties, LLC (the "Applicant") initiated a Land Use
Board of Appeals ("LUBA") remand application (ref. File No. 247-25-000759-A). In advance of
the Board of County Commissioners ("Board") remand hearing, staff needs direction from
the Board on whether the record should be reopened to accept new evidence to help inform
the Board's review and final decision.
Please see the attached memorandum for more background.
BUDGET IMPACTS:
None
ATTENDANCE:
Caroline House, Senior Planner
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MEMORANDUM
DATE: January 30, 2026
TO: Board of County Commissioners
FROM: Caroline House, Senior Planner
RE: Destiny Court PA/ZC Remand Record Decision
On December 23, 2025, Destiny Court Properties, LLC (the "Applicant") initiated a Land Use Board
of Appeals ("LUBA") remand application (ref. File No. 247-25-000759-A). In advance of the Board of
County Commissioners ("Board") remand hearing, staff needs direction from the Board on whether
the record should be reopened to accept new evidence to help inform the Board's review and final
decision.
I. BACKGROUND
The subject property is assigned address 19975 Destiny Court, Bend, OR 97703, and is located in
Deschutes County's jurisdiction between the City of Bend and the Unincorporated Community of
Tumalo. In 2022, the Applicant initiated several land use applications including a Comprehensive
Plan Amendment to change the designation of this property from Agricultural ("AG") to Rural
Residential Exception Area ("RREA") and Zone Change to rezone this property from Exclusive Farm
Use ("EFU") to Multiple Use Agricultural ("MUA-10"). In January 2025, the Board voted 2-1 to approve
the Comprehensive Plan Amendment and Zone Change request, which aligned with the Hearings
Officer's Recommendation.
11. REMAND
The County's decision was appealed to LUBA and LUBA remanded' the County's decision back for
further review on June 26, 2025 (ref. LUBA No. 2025-015). The Applicant submitted the subject
remand application within 180 days of LUBA's Final Order and Opinion pursuant to ORS
215.435(2)(a). As described by the Applicant, LUBA affirmed the County's approval on multiple
grounds but remanded on two discrete issues:
1. Alleged Inconsistency with Comprehensive Plan Policy. Specifically, LUBA found remand was
necessaryto address an apparent inconsistency regarding the County's Comprehensive Plan
' LUBA's Final Opinion and Order was not appealed to the Court of Appeals.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
AZI (541) 388-6575 @cdd@deschutes.org @ www.deschutes.org/cd
and the MUA-10 zone, in particular the minimum new lot size for rural residential lots in that
zone. LUBA stated:
"...the response does not explain why the equivalent densities of one dwelling per 7.5
acres or 5 acres allowed in the MUM 0 zone, which apparently would allow creation
of parcels as small as 1.7 acres in size, are consistent with the 10-acre minimum parcel
size specified in DCCP Policy 3.3.1.
Accordingly, we deem it appropriate under this first assignment of error to remand
so that the county may address the alleged conflict between DCCP Policy 3.3.1. and
DCC 18.32.040(A) in the first instance."2
2. Complete Analysis Regarding Proposed Farm Uses on the Property. While LUBA rejected the
Petitioner's claims that an applicant must disprove that any and all farm uses could occur on
the property, LUBA did find that "we agree with petitioner that remand is necessary for the
county to evaluate whether the subject property is suitable for the farm uses petitioner
identified in the record, including various types of animal husbandry and equine facilities
listed in ORS 215.203(2)(a)."3
Notably, LUBA found that the issue of conjoined use was settled (id., slip op 32-33), and so
the inquiry before the BOCC relates only to use on the subject property, alone.
111111. APPLICANT'S REQUEST TO REOPEN THE RECORD
DCC 22.34.040(A) establishes on remand the Board shall review those issues that LUBA required to
be addressed. In addition, the Board shall have the discretion to reopen the record in instances in
which it deems it to be appropriate.
As part of the Applicant's remand application, the Applicant has requested for the record to be
reopened to accept new evidence related to Remand Issue 2 only. The Applicant believes Remand
Issue 1 does not require new evidence for the Board to make an informed decision.
If the record is not reopened, the Board must rely on the LUBA No. 2025-015 record, and the Board
will only accept additional arguments from parties based on the evidence in the LUBA No. 2025-015
record.
IV. NEXT STEPS
As noted above, the Board has the discretion to reopen the record to allow for the submittal of
additional evidence related to the remand issue(s). Staff needs direction from the Board on whether
they wish to do so.
z Central Oregon LandWatch v. Deschutes County, _ Or LUBA _ (LUBA Nos. 2025-015) (slip op at 9-10, Jun
26, 2025) (hereinafter "Destiny Court").
3 Destiny Court, slip op 23.
247-25-000759-A Page 2 of 3
The Board has three options:
1. Keep the record closed.
2. Reopen the record as requested by the Applicant and only accept new evidence on Remand
Issue 2.
3. Reopen the record to accept information on Remand Issues 1 and 2.
If Option 2 or Option 3 are selected, the Board must approve Board Order No. 2026-002 (see
attached draft Orders).
V. 120-DAY REVIEW CLOCK
Remand applications have a 120-day review clock', and this review clock cannot be extended in
most circumstances'. Therefore, the 1201" day on which the County must take final action on this
application is April 22, 2026.
To ensure the Board has sufficient time to complete their review, staff is planning to schedule the
remand hearing before the Board on Wednesday, January 28, 2026.
If the Board elects to reopen the record, staff respectfully requests that Board Order 2026-002 be
executed at the beginning of the Board's Regular Meeting on January 7, 2026, to ensure staff has
sufficient time to mail out the Notice of Public Hearing.
VI. RECORD
The record for this remand application is as presented at the following Deschutes County
Community Development Department website:
https•//www deschutes org/cd/page/247-25-000759-remand-destin -cy ourt-properties-llc-
comprehensive=plan-amendment-zone-change
Attachments:
1) Board Order 2026-002 (Remand Issue 2 Only)
2) Board Order 2026-002 (Remand Issues 1 and 2)
4 Most land use applications have a 150-day review clock, and the Applicant can extend the clock for up to
215 days or waive the review clock entirely.
5 Ref. ORS 215.435(2)(b).
247-25-000759-A Page 3 of 3