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Metro Urban and Rural Reserves

LCDC Response to Remand

**IN CASE OF INCLEMENT WEATHER THE LCDC HEARING WILL BE LIVE STREAMING ONLINE AT http://www.oregon.gov/lcd/Pages/dlcd_stream.aspx. YOU CAN WATCH FOR CLOSURES OF SALEM STATE OFFICES AT http://www.oregon.gov/das/pages/bldg_close/index.aspx.
LCDC responded to the Court of Appeal’s decision at its August 25, 2014, meeting. The commission responded by directing staff to prepare a scheduling order for additional briefing from any of the parties to Barkers Five, LLC v. LCDC. Staff recommended that the scheduling order identify the issues the parties should address, including: (a) whether substantial evidence in the record clearly supports a conclusion that Multnomah County applied the reserves factors to Area 9D; and (b) whether substantial evidence in the record clearly supports Metro’s designation of the Stafford area as urban reserves. Parties may also raise other issues in briefs.  On September 4, 2014, LCDC issued a scheduling order consistent with the staff recommendation.
Opening Briefs (filed September 25, 2014)
Response Briefs (filed October 9, 2014)
LCDC will conduct a hearing regarding its response to the remand on November 13, 2014. The DLCD staff report to LCDC is available here.
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Court of Appeals Remand

LCDC’s August 14, 2012, order was appealed to the Oregon Court of Appeals by several parties (Barkers Five, LLC v. LCDC). The Court issued its opinion on February 20, 2014, reversing and remanding the commission’s approval. The appellate judgment executing the decision was issued on July 30, 2014.
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DLCD Staff Report

July 28, 2010
The Department of Land Conservation and Development issued a staff report today of the review of the Metro Urban and Rural Reserves re-submittal. The report is at the link below.

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Metro and County Decisions

For a copy of Metro and the Counties re-submittal ordinances and material, please see the links provided below:

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Background Information

Senate Bill 1011, enacted by the 2007 Oregon Legislature, enables Metro and metro-area counties to designate "urban and rural reserves." The reserves identify:
(a) what lands might become urbanized in the future (if there is a need); and
(b) what lands will be left in a rural setting over the long-term.
The purpose of this program is to allow Metro and other local governments to plan for efficient future development patterns, while at the same time giving farmers and others certainty about what areas will not be urbanized and that will remain available as farm or forest lands.
For copies of the legislation authorizing Metro and the counties to adopt reserves, and the state rules implementing that legislation, please see the links below:

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Objections for State Review

The deadline for filing objections to a county and/or Metro decision was Friday, June 3, 2011. Those objections, which were sent to the department for review, are listed below.
 VDM Family 
 Coalition for a Prosperous Region
 City of Cornelius
 City of Hillsboro
 1000 Friends plus other objectors 
 Department of Agriculture
 Joseph C Rayhawk
 Save Helvetia Community
 Thomas Black
 Steve and Kelli Bobosky
 Chris and Tom Maletis
  Forest Park Neighborhood Association 
 East Bethany Owners 

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Exceptions to Staff Report

The deadline for filing exceptions to the above DLCD Staff Report was Monday, August 8, 2011. Those exceptions, which were sent to the department, are listed below.
1000 Friends
City of Cornelius
Linda Peters
Save Helvetia
East Bethany Owners
Joseph C Rayhawk
Cities of Tualitin and West Linn
Chris and Tom Maletis
Metropolitan Land Group
Ruth Anne Van De Moortele Dean

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State Review / Overall Schedule

The Metro and county decisions were submitted to DLCD on May 13, 2011. The following is a schedule for the state review of those decisions.

Deadline for Filing Objections
June 3, 2011
DLCD Staff Report 
July 28, 2011
Exceptions to DLCD Staff Report
August 8, 2011 (5 p.m.)
Hearing to Review Metro's and Counties' Decisions
August 18, 19, 2011 LCDC Meeting
For more information on the state's review of the Metro and county decisions, please contact DLCD regional representatives Jennifer Donnelly at (971) 673-0963; or Anne Debbaut at (971) 673-0965. 
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