Curry County commissioners on Nov. 5 continued a public hearing over an appeal of the planning director's approval of an RV park at Wedderburn, saying they would reconvene Nov. 12 to finalize findings after hearing new evidence and public testimony.

The hearing centered on whether the proposed RV park is a water-dependent or water-related use under county code and state law; potential harm to riparian and cultural resources; adequacy of floodplain and stormwater protections; and whether appellants were charged excessive appeal fees.

"Ultimately, the applicant agrees with staff and staff's findings, and the proposed order," said John West, the applicant's attorney, who also submitted supplemental findings and an optional 10-year temporary-use alternative for the board to consider. West said the applicant will accept standard mitigation, including an inadvertent discovery plan for archaeological materials, and will provide required landscape and engineered stormwater plans at the time of permitting.

Appellants and members of the public urged the board to weigh cultural-site concerns and the site's riparian character. "Ten years is hardly a temporary use," said Tabitha Rood, a Gold Beach resident, arguing that permanent infrastructure would effectively make the site permanent and that the area is ecologically and historically significant.

Kelsey Dunn, an attorney with Cragg Law Center representing Northwest American Indian Coalition, Oregon Coast Conservation Coalition and Dr. Diane Hennessy Powell, told the board that "the RV park is not a water dependent use under the county code's definition or state law." Dunn also urged the board to address the appellants' claim that they were charged appeal fees in excess of the state statutory cap.

Planning staff summarized the record and said the final order requires mitigation measures that staff believes address many of the environmental and compatibility concerns. Staff noted that the final order includes a requirement for an Oregon Department of Fish and Wildlife'approved riparian planting plan and that elevation certificates, anchoring standards and an engineered stormwater plan are required before permits could be issued.

County legal staff recommended the board include a finding to refund $500 of the $1,000 in appeal fees that had been paid, reflecting the statutory cap on fees for the two hearings at $250 per hearing. Commissioners voiced support for including that refund in the final order.

Several commissioners raised broader concerns about the county's comprehensive plan, adopted in 2009, and whether it adequately identifies historic or tribal sites. Planning staff advised the board that the current comprehensive plan and land development code are the regulatory framework the board must apply in this hearing and that updating the comprehensive plan is a separate process.

Rather than issue a final decision, the board chose to continue deliberations to a date-certain of 10:00 a.m. on Nov. 12 to allow commissioners time to review supplemental findings and the new written submissions. Staff said it will update the public record with written comments submitted during the hearing period.

Next steps: the board will reconvene at 10:00 a.m. Nov. 12 for deliberation and possible final action; staff will post the updated record online and include the supplemental materials received during the closed hearing period.

Context: The matter before the commissioners is an appeal of Planning Director approval (AD-2431) that was previously upheld by the planning commission and then appealed (appeal AP-2502). If the board adopts approval, appellants signaled they may pursue review at the Oregon Land Use Board of Appeals.