The Curry County Planning Commission meets on October 19 to consider further the question of the proposed effluent pipeline to Pacific Gales Golf Course. At its September 21 meeting, the commission learned that Elk River Property Development had failed to apply for an extension of its Conditional User Permit. The question before the commission now is, can (and should!) the pipeline be approved when there exists no valid permit for the golf course? Based on the staff report and a memo from County Counsel, the answer seems to be yes.
The agenda and packet for the meeting is here:
Click to access ENTIRE%2010.19.2017%20PLANNING%20COMMISSION%20PACKET.pdf
Is approving a new pipeline permit based on an expired CUP legal? It’s not yet clear. It certainly fails the common sense test, since the pipeline is proposed to follow a specific route to a golf course — but that golf course no longer has a permit.
To those of us who’ve been observing this process for more than three years now, such a decision only reinforces our feeling that Curry County is bending over backward (and now bending a basic rule) to oblige ERPD.
Curry County residents deserve better.
Testimony presented by Oregon Coast Alliance for the hearing is here:
ORCA to Planning, Oct. 17, 2017
Here is testimony from ERPD:
ERPD to Planning, Oct. 18, 2017
The hearing was closed to further testimony on October 19. The com-missioners will continue their discussion on November 7 at 5 p.m. At that time, they are expected to vote on the matter.
At the September Curry County Planning Commission meeting, a hearing was held on Elk River Property Development’s application to run its wastewater pipeline over county property to the Knapp Ranch in order to irrigate the proposed Pacific Gales Golf Course. According to the audiorecording of the hearing, commission members brought up and discussed whether ERPD, Knapp Ranches and Stuntzner Engineering had ever applied for and received a time extension for their original Conditional Use Permit for the golf course. The permit was approved on January 15, 2015, and was viable for one year, according to a stated condition of the CUP, as well as county land use regulations.
Oregon Coast Alliance then checked with the County, and Community Development Department Director Carolyn Johnson verified that the applicants never applied for an extension of their CUP approval on or before the deadline of January 15, 2016. Thus, the CUP for the Knapp Ranch golf course has expired. What effect will this have on the project?
The e-mail from Director Johnson to Cameron La Follette of ORCA reads:
From: Carolyn Johnson <email@example.com>
To: Cameron La Follette
Subject: return on your call and e-mails – time extension application filed for AD-1411.
Date: October 10, 2017 at 3:54:40 PM PDT
Cc: Nancy Chester <ChesterN@co.curry.or.us>
I received your October 5 and 9 e-mails and your phone message today with the question: “Did ERPD, Stuntzner and Knapp Ranches LLC apply for, and receive, an extension from Curry County for AD-1411 on or before January 15, 2016?”
There has not been a time extension application filed for AD-1411.
The text of AD-1411 follows. Condition No. 1 requiring an extension is on page 25.
Curry BOC Knapp Ranch Final Order, Jan. 15, 2015