Department of Land Conservation & Development v. Tillamook County

Petitioners, Tillamook County and the Myers, seek review of LUBA’s remand of the county’s approval of the Myers’ application for a residential subdivision, consisting of six one-acre lots, in a rural residential zone.1 We affirm.

Under section 3.010(4)(a) of the county’s land use ordinance, land divisions and development in the zone are generally subject to a two-acre minimum lot size. However, section 3.010(4)(k)(5) provides that the minimum “may be as small as 20,000 square feet” if, inter alia, “[p]ublic or private roads providing access to the lots shall meet standards as contained in the…