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2006-387P-Minutes for Meeting December 20,2005 Recorded 4/7/2006a ~ Deschutes County Board of Commissioners 1300 NW Wall Street, Bend, OR 97701 Testimony of : Sandy Lonsdale P.O. Box 5506, 64925 McGrath Road Bend, OR 97708 RE: Board Order 2005-143 CU-05-20 Dear County Commissioners: December 19, 2005 I have previously provided written and oral testimony before the Deschutes County Hearings Officer regarding the Thornburgh Destination Resort (DR) proposal for the land on and near Cline Buttes here in Deschutes County. Tonight I reference those comments and have new material to bring to your attention regarding this proposal. As a resident of the Tumalo area for 30 years, as a professional photographer, and as a volunteer conservation leader and activist, I have recreated on and worked to protect and enhance the public BLM and Forest Service lands in and around Central Oregon, and particularly these lands in the urban interface near Cline Buttes. I believe it is important for citizens to be involved in their government at all levels in order to help ensure good government and enduring livability. I would like to introduce a piece of evidence I brought to illustrate my point today, it is a photograph of the south flank of Cline Buttes at night showing what I believe is a county code violation of the Deschutes County lighting ordinance (DCC 15.10). As you can see from this photo of the former Harry Kem property, Tax Lot #7800, now proposed by the DR applicant, this area is very lightly populated, is surrounded by public BLM land, is heavily treed, and is slightly elevated from the surrounding land, allowing light and noise pollution to carry a long way. Imagine another five to ten thousand lights here in a few years, imagine the thousands of people and homes and cars and noise here, into this relatively wild and reasonably intact wildlife habitat. Now imagine it with 48% fewer trees, as the Thornburgh applicants have said they will remove that amount of the old juniper tree cover if their proposal is approved.; More light and noise and visual impact to surrounding landowners and to adjacent public lands, decreasing their values for other users. According to current Deschutes County Code (DCC 18.113), new development must not negatively affect neighboring property values: 18.113.050. Requirements for conditional use permit and conceptual master plan applications The CMP provides the framework for development of the destination resort and is intended to ensure that the destination resort meets the Exliibit__-T Page 1 of ~P requirements of DCC 18.113. The CMP application shall include the following information: B. 4. Design guidelines and development standards defining visual and aesthetic parameters for: a. Building character; b. Landscape character; c.Preservation of existing topography and vegetation; d. Siting of buildings; and e. Proposed standards for minimum lot area, width, frontage, lot coverage, setbacks and building heights. 9. An explanation of how the destination resort has been sited or designed to avoid or minimize adverse effects or conflicts on adjacent lands. The application shall identify the surrounding uses and potential conflicts between the destination resort and adjacent uses within 660 feet of the boundaries of the parcel or parcels upon which the resort is to be developed. The application shall explain how any proposed buffer area will avoid or minimize adverse effects or conflicts; 18.113.070. Approval criteria. In order to approve a destination resort, the Planning Director or Hearings Body shall find from substantial evidence in the record that: N. Site improvements will be located and designed to avoid or minimize adverse effects of the resort on the surrounding land uses. Measures to accomplish this may include establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and appropriate fences, berms, landscaped areas and similar types of buffers; and setback of structures and other developments from adjacent land uses. P. The destination resort will not alter the character of the surrounding area in a manner that substantially limits, impairs or prevents permitted or conditional uses of surrounding properties. The Thornburgh application states the resort will comply with Deschutes County outdoor lighting code, but how can we be sure if there is no code enforcement Why don't they simply adopt the dark skies principles in their application and agree to : 1)no upright street lights; ground-level lighting only in commercial areas as needed 2) the rule on all lighting including private lots: keep all light within the boundaries of the lot ("fully shielded") 3) include "porch lights" in list of lighting covered by ordinance. Additionally, Thornburgh has not proposed any means to limit visual impacts from power lines or communication towers. The burden of proof in land use matters should and must be high since we all have to live with the consequences of these decisions for many years to come. So in keeping with Thornburgh's stated "Vision" (p.1 B-24) "The Thornburgh Resort will be a hidden retreat... the natural beauty of the rural setting will be preserved by maintaining large areas of the natural environment... " Exhibit N' Page _ of Cp It is important that we now introduce language that will protect our community from visual blights and language that will preserve the visual integrity of our buttes and skylines. I therefore propose the following language be included in Thornburgh's CCRs and in their Architectural Guidelines: All communication, power, cellular, microwave and radio towers or antennae shall be disguised as vegetation so as to be unnoticeable to the surrounding area. Thank you very much for this opportunity to provide comment on this proposal. Sincerely, 51D~ lrkl~ Sandy H. Lonsdale Exhibit Page _ of Ca It P~ ~~of rr ~j1{A!~~~ y K J~'tlr r s' ~r c 1 } ^ 4G 4 , t'~ r ;r 1. ♦S t{ w lT?' 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