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2006-20-Order No. 2006-016 Recorded 1/5/2006REVI ED LEGAL COUNSEL COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS 0 2006.20 COMMISSIONERS' JOURNAL 01/05/2006 04;40;01 PM IIIIIIIIIIII111111111111111 I III 2006-20 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Amending Order No. 2005-143 on Thornburgh Resort Company LLC * ORDER NO. 2006-016 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 denied the application; and WHEREAS, the Board approved and adopted Order No. 2005-143, which established among other things pertinent to taking up the matter of the application of Thornburgh Resort Co. LLC, certain timelines under which the Board would render a decision and reduce the same to writing; and WHEREAS, the applicant has granted the County an extension from the timelines indicated in Order No. 2005-143 for the County to render a decision and agreed to waive the remedies set forth in ORS 215.429, so long as a decision is reached in accordance with the adjusted timelines; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Section 2 of Order No. 2005-143 is amended to read with new language in bold and underlined and deleted language in [italics]: 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 February 1 [January 101, 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 for Board adoption by February 22, 2006 [January 31, 20051, 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. PAGE 1 OF I - ORDER No. 2006-016 (01/04/06) 0. Section 2. Except as otherwise set forth herein, Order No. 2005-143 remains in full force and effect. DATED this 4`h day of January 2006. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON R. L ATTEST: Recording Secretary BEV CLARNO, Vice Chair MICHAEL Ni. DALY, Cq missioner PAGE 2 of 1- ORDER No. 2006-016 (01/04/06)