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2005-1311-Order No. 2005-143 Recorded 11/21/2005REV ED J LEGAL COUNS L DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL IIIIIII IIIIIIIIIIIIIII IIII II III 2005-1311 RECORDS CJ 20051311 CLERK Y~I 1112112005 04:59:06 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Calling up for Review of Hearings Officer's Decision on Thornburgh Resort Company LLC ORDER NO. 2005-143 WHEREAS, the Thornburgh Resort Company LLC (Applicant) submitted to the Deschutes County Community Development Department an application for conditional use approval of a destination resort.; and WHEREAS, on November 9, 2005 the Deschutes County Hearings Officer issued a recommended decision denying the application; and WHEREAS, the Hearings Officer's decision was issued at a time, which allowed no opportunity for review and approval by the Board of County Commissioners ("Board")- without violating the time limitations for the County to issue a final decision in accordance with ORS 215.427 and Deschutes County Code ("DCC") 22.20.040(A); and WHEREAS, on November 17, 2005, the Board considered the procedural status, including a requirement of DCC 22.28.050, which requires the Board to take action on any Board review no later than twelve (12) days following the hearings officer's decision if the Board initiates review of the decision, and decided that it would be in best interest of the parties and the citizens of Deschutes County that the Board call up for review the Hearings Officer's decision on the proposed conditional use permit, provided the Applicant agrees not to pursue its legal remedies under ORS 215.429; and WHEREAS, the Applicant has submitted to the County Legal Counsel a letter in which it agrees to not pursue remedies provided under ORS 215.429 until January 31, 2005 (or longer, if more time is required by the Applicant to reduce an approval decision to final form) in exchange for the County, on the Board's motion, calling up the Hearings Officer's decision for review and conducting such review within the timeframe more particularly described herein; and WHEREAS, at its meeting of November 17, 2005, the Board authorized and directed the Deschutes County Legal Counsel to prepare and execute on behalf of the Board an order calling up for review the decision on the application; now, therefore, follows: THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as Section 1. The Board will take up for review the Hearings Officer's decision on the conditional use permit application of Thornburgh Resort Company in a de novo hearing scheduled for December 20, 2005 at 9:00 a.m. The focus of the hearing will be on four areas: (1) those portions of the Hearings Officer's decision which were the basis for recommending denial; (2) the issue of northerly access to the property through BLM land, especially the date by which such access must be secured by the Applicant; (3) the inclusion of conditions generally as set forth in the County staffs recommendation (other than the BLM access condition) as described in the July 8, 2005 staff report to the Hearings Officer; and (4) the creation of appropriate findings to address, in particular, those issues which were either not addressed or not sufficiently addressed by the Hearings Officer. PAGE 1 OF 1- ORDER No. 2005- 143 (11/21/05) Section 2. Following the hearing on December 20, 2005, any party will have seven (7) days (until December 27, 2005) to file written comments and evidence. New evidence submitted during this 7-day period, however, will be limited in scope to rebuttal of evidence presented to the Board after the date of the Hearings Officer's decision (November 9, 2005). The Applicant will have until January 3, 2006 to submit a final written argument, but no new evidence. The Board will take the matter under advisement and, after public deliberations, will announce a decision at a public meeting no later than January 10, 2006. Following the Board's decision, if it is a decision of approval, the Applicant and its attorneys will prepare findings in coordination with County staff for adoption by the Board, and the County understands the Applicant shall waive any remedy under ORS 215.429. If the Board's decision is one of denial or with conditions objectionable to the Applicant, the County staff shall prepare the final decision by January 31, 2005, during which time the County understands that the Applicant shall waive any remedy under ORS 215.429, so long as the County issues the final decision within that deadline. Section 3. Deschutes County Legal Counsel is authorized to execute this Order on behalf of the Board. DATED this 21s` day of November, 2005 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON MARk PILLIOD, Deschutes County Legal Counsel PAGE 2 OF 1- ORDER No. 2005- 143 (11/21/05)