Devin Oil Co. v. Morrow County

Morrow County Zoning Ordinance (MCZO) 3.090(C)(3) (prohibiting certain “meeting places” within the Aircraft Approach Overlay) does not implement OAR 660-013-0080(1)(a) (requiring local governments to adopt airport compatibility requirements that prohibit “public assembly uses” within the Runway Protection Zone) because MCZO 3.090(C)(3) was adopted in 1980, sixteen years prior to promulgation of OAR 660-013-0080(1)(a); accordingly, so long as the county interprets “meeting place” in a manner consistent with the express language of the MCZO, the county’s interpretation must be affirmed pursuant to ORS 197.829(1)(a), regardless of the definition of “public assembly uses” set out at OAR 660-013-0020(5).

Love’s Travel Stops & Country Stores, Inc., proposed to develop a travel center on approximately fifteen acres of a 49-acre parcel located at the Tower Road interchange on Interstate Highway 84. The proposed travel center included truck and automobile fueling stations, a convenience store, a restaurant, and a tire changing facility. The subject property is zoned Tourist Commercial (TC) and is subject to the Airport Approach (AA) Overlay due to its proximity to the Boardman Airport. In 2010, Love’s sought and the county approved an application for comprehensive plan text and map amendments, a zoning map amendment, and a conditional use permit to authorize the travel center. See Devin Oil Co. v. Morrow County, 62 Or LUBA 247 (2010), aff’d 241 Or App 351 (2010), rev. den. 350 Or 408 (2011). The conditional use permit approved by the county in 2010 expired in 2014. In January 2015, Love’s applied for a subsequent conditional use permit for the travel center. The planning commission approved the application, and Devin Oil Co., Inc. (Devin Oil) appealed the planning commission’s decision to the county court. The county court approved the application, and thereafter Devin Oil appealed to LUBA.

In its first assignment of error, Devin Oil argued that the county court’s interpretation of the applicable Morrow County Zoning Ordinance (MCZO) provisions was “arbitrary, contradictory and internally inconsistent.” LUBA denied that argument, having found that the interpretation was not inconsistent with all of the express language of the MCZO, pursuant to ORS 197.829(1)(a). In its second assignment of error, Devil Oil argued that the proposed travel center is a “meeting place” in violation of MCZO 3.090(C)(3), but LUBA denied that assignment of error as well. The third assignment of error provided no basis for reversal or remand and was denied. AFFIRMED.