LUBA Filing

The official filing of the appeal with the Oregon Land Use Board of Appeals was made on December 4, 2008.  A hearing was held on January 15th for the court to hear oral arguments. (Link to Full LUBA Filing).  The LUBA court ruled agaionst our filing on all six main points.  There has been no decision currently whether to appeal the ruling.

The filing has six main points that were contestedrelated to the Deschutes County Board of Commissioners approval of the two ordinances that established the Town Center district within the Sunriver UUC.

LUBA Filing Summary of Arguments
1.    The land use applications should have been considered as a quasi-judicial land use action, rather than a legislative land use action.
2.    The decision to create a new Town Center District within the Sunriver Urban Unincorporated Community does not comply with the Unincorporated Community Rules adopted by the Land Conservation and Development Commission (“LCDC”).
3.    The new requirement that any application for a zone change to the Town Center District shall include a copy of a signed development agreement with the homeowner’s association was not supported by any finding of fact; there is no reference or other guidance as to what is intended by a “development agreement”.  The County may have abrogated its authority to make the land use decision.
4.    The County erred in continuing to accept amendments and refinements to the text language right up to the date of the decision, thus denying interested persons any meaningful ability to comment.
5.    The County erred in not adequately addressing Statewide Planning Goal 7 because of new residential and/or hotel units adding to fire evacuation concerns.
6.    The County did not recognize its own criteria in its own Comprehensive Plan addressing whether this situation was due to the unique character of the question at issue, allowing the County to ignore existing land use policies for the Sunriver Unincorporated Community.