Pipeline Appeal Canceled; Revised Final Order Issued *UPDATE*

Shortly after last month’s denial of the pipeline application by Planning, the applicant appealed to the Curry County  Board of Commissioners. A de novo hearing was then scheduled for December 6. View the appeal letter and public notice here:

A-1701 / AD-1705 Appeal

Then, on November 29, just a week ahead of the hearing, it was canceled without explanation. No later date was given. On December 7, notice was published of a meeting of the Planning Commission on December 14 to consider a revised Final Order, with new findings. The  revised order states the following:

NOW LET IT THEREFORE BE ORDERED that AD-1705 is DENIED with the following findings:
Applicant has not met the burden of proof to support approval of application AD-1705 because:
1. Applicant’s permit to develop a golf course approved by AD-1411 expired in January 2016.
2. No permitted use has been established under ORS 215.283(1)(v), since the statute requires the irrigation to be for a specific approved use under section ORS 215.283(1). The applicant has no valid conditional use permit for a golf course or any other use subject to the provisions of this chapter.
3. An approved use under 215.283(1)(v), is “subject to” an approval of Department of Environmental Quality under various provisions including ORS 215.246. The use is not approved until DEQ has made its determination under ORS 215.246(1)(a), which the DEQ has not yet completed.

2017-12-14 Planning Commission Packet

The pages relevant to the December 14 meeting are 1 through 9. The remaining pages are duplicated from packets provided for earlier meetings.

ERPD gave the county an extension to February 2, meaning that the 150-day deadline for the county to complete action on the application is extended to accommodate the changes in the Final Order. The new appeal hearing with the Board of Commissioners is tentatively scheduled for January 17.