Reed v. Jackson County

Because Jackson County neglected to determine whether sections of the Jackson County Land Development Ordinance required loading spaces, but applied other areas of the statute, "the county must address whether the section applies and if it does, whether it is met."

Intervenor-respondent, Robert Wagner, applied for authorization of a 10,000-square foot outdoor area for marijuana production, and placement of a two-square-yard waste receptacle. The property in question is a 13.85-acre parcel zoned Woodland Resource. Jackson County adopted special regulations governing Marijuana production in the Forest zone. The County planning staff approved the application with conditions, and this appeal followed. 

In its third and fourth assignment of error, petitioner alleges that LDO Section 9.4 requires off-street loading spaces on the property because the agricultural use will require regular deliveries by trucks exceeding 10 tons gross vehicle weight. Petitioner claims that the county failed to address this portion of the statute by approving three water tanks, with water to be delivered by a water service. The county claims that LDO does not require any off-street parking because LDO 9.4.2 requires off-street parking only if “Agricultural” is also a “Commercial Use.”

LUBA finds the county’s claim is lacking, as the county’s interpretation is not part of the findings, and the county’s decision takes the position that there is “adequate area to accommodate any necessary off-street parking.” Because LUBA believes that the standards of LDO 9.4.8 potentially apply to intervenor’s application, LUBA remands this issue for the county to address “whether LDO 9.4.8 applies, and if so, whether it is met.” REMANDED.