2006-387A-Minutes for Meeting December 20,2005 Recorded 4/7/2006-1 A
PRELIMINARY STATEMENT FOR A PUBLIC HEARING TO REVIEW
THE HEARINGS OFFICER'S DECISION ON THE CONDITIONAL USE
AND PRELIMINARY MASTER PLAN APPLICATION BY THE
THORNBURGH RESORT COMPANY
INTRODUCTION
A. This is a de novo hearing to review the Deschutes County Hearings Officer's
decision denying the conditional use permit and preliminary master plan for
the Thornburgh Destination Resort. File number: CU-05-20
B. In the application, the applicant proposes to establish a Destination Resort on
approximately 1,970 acres on the south and west flanks of Cline Butte.
II. BURDEN OF PROOF AND APPLICABLE CRITERIA
A. The applicant has the burden of proving that they are entitled to the land use
approval sought.
B. The standards applicable to the application before us are listed on pages 2
and 3 of the Hearings Officer's decision dated November 9, 2005.
C. Testimony and evidence at this hearing must be directed toward the criteria
set forth in the decision of the Hearings Officer, the staff report as well as
toward any other criteria in the comprehensive land use plan of the County or
land use regulations which any person believes applies to this decision.
D. Failure on the part of any person to raise an issue with sufficient specificity to
afford the Board of County Commissioners and parties to this proceeding an
opportunity to respond to the issue precludes appeal to the Land Use Board of
Appeals on that issue. Additionally, failure of the applicant to raise
constitutional or other issues relating to the proposed conditions of approval
with sufficient specificity to allow the Board to respond to the issue precludes
an action for damages in circuit court.
III. HEARINGS PROCEDURE
Although the hearing is de novo, the focus of the hearing will be on four areas:
Page 1 of 3-Chair's Opening Statement for Land Use Hearings
File: CU-05-20, Thornburgh Destination Resort
Date of Hearing: 12/20/05 Exhibit
Page of 3
(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 Hearing 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
Hearing Officer.
The Board requests that the parties focus oral and written testimony on the four
listed areas. All written material that was part of the record before the Hearings
Officer is before the Board of County Commissioners and does not need to be
resubmitted.
Following the hearing today, anyone will have 7 days (until December 27, 2005 at
5:00 pm) 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 Hearing Officer's decision (November 9, 2005).
The Applicant will have until January 3, 2006 to submit a final written argument.
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. If
the decision is one of denial or with conditions objectionable to the Applicant, the
county staff shall prepare the final decision by January 31, 2005.
IV. ORDER OF PRESENTATION
A. The hearing will be conducted in the following order.
1. The staff will give a report.
2. The applicant will then have an opportunity to offer testimony and evidence.
This testimony shall be limited to 30 minutes. The applicant may reserve
some of this time for rebuttal at the end of the hearing.
Page 2 of 3-Chair's Opening Statement for Land Use Hearings
File: CU-05-20, Thornburgh Destination Resort
Date of Hearing: 12/20/05
Exhibit {A
Page -;k, of
3. Proponents of the applicant's proposal will then be given a chance to testify
and present evidence. This testimony shall be limited to S minutes.
4. When all proponents have testified, opponents to applicant's proposal will
then be given a chance to testify and present evidence. This testimony shall be
limited to S minutes.
5. A staff person will monitor the time for testimony and indicate when one
minute remains and when the time is expired by holding up a card.
6. The Board will fully hear each witness's testimony first. Then, at the end of
any witness's oral testimony, the Board may ask questions. The time during
this question period shall not be counted against that witness's allotted time.
7. After both proponents and opponents have testified, if the applicant has
reserved time for rebuttal, they will be allowed to present rebuttal testimony
but may not present new evidence.
8. At the conclusion of this hearing, the staff will be afforded an opportunity to
make any closing comments.
9. Cross-examination of witnesses will not be allowed. A witness who wishes,
during that witness' testimony, however, to ask a question of a previous
witness may direct the question to the Chair. If a person has already testified
but wishes to ask a question of a subsequent witness, that person may also
direct the question to the Chair after all other witnesses have testified but
prior to the applicant's rebuttal. The Chair is free to decide whether or not to
ask such questions of the witness.
V. PRE-HEARING CONTACTS, BIASES, CONFLICTS OF INTERESTS
1. Do any of the Commissioners have any ex-parte contacts, prior hearing
observations; biases; or conflicts of interest to declare? If so, please state the
nature and extent of those.
2. Does any party wish to challenge any Commissioner based on ex-parte
contacts, biases or conflicts of interest?
(Hearing no challenges, I shall proceed to open the public hearing and begin with
the staff report.)
Page 3 of 3-Chair's Opening Statement for Land Use Hearings
File: CU-05-20, Thornburgh Destination Resort
Date of Hearing: 12/20/05
Exhibit f~
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