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2006-932-Minutes for Meeting August 23,2006 Recorded 9/19/2006DESCHUTES NANCY COUNTY CLERKDS CJ 7406.93 COMMISSIONERS' JOURNAL 09/19/2006 04;32;34 PM IIIIIIIII I~IIIIIIIIIIIIIII I III 2006-932 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orc MINUTES OF ADMINISTRATIVE WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, AUGUST 23, 2006 Commissioners' Conference Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Bev Clarno and Michael M. Daly. Also present were County Administrator Dave Kanner; Anna Johnson; and, for part of the meeting, Timm Schimke, Solid Waste Department; Catherine Morrow and Tom Anderson, Community Development; and Joe Studer, County Forester. Also present were media representatives Terri Payne of Fox TV and Keith Chu of The Bulletin; and two other citizens. The meeting began at 1:35 p. m. 1. Discussion regarding Enforcement of Destination Resort Regulations. Tom Anderson reviewed his August 23 memorandum to the Board (a copy of which is attached), pointing out specific details that merited further discussion. The Code needs to be updated to comply with Senate Bill 911 that was adopted in 2003. Of particular interest were issues regarding central booking and the number of overnight stays, and the phasing requirements of the current Code. 2. Solid Waste Update. Timm Schimke, along with Bruce Bailey and Merle Irvine, collection service providers, spoke to the Board. Mr. Schimke said that a decision regarding the north site improvements is expected from the Hearings Officer in the next week or so. He then explained that the two bids received on the project came in higher than the engineer's estimate, but that it was hard to get bids and all of the contractors are extremely busy. Not much value engineering can be done without changing the nature of the bid. He will be talking with County Counsel about possible options. Minutes of Administrative Work Session Wednesday, August 23, 2006 Page 1 of 3 Pages The higher bid price is also a result of years of delay while the project was challenged by local residents. The Department of Environmental Quality has also added some adjustments, and a fourth scale and recycling center were added to the project. The DEQ said that no dry wells can be used for the runoff done for dust control. Dave Kanner suggested that value engineering could be done, or the project could be re-bid in the fall or winter when the contractors aren't so busy. It was decided that this option would not be practical in Central Oregon due to the inability to do much of the construction in the winter, and the project would then be subject to delays and the increasing cost of labor and materials. On another note, the next cell is being engineered and the plans will be submitted to DEQ within a month. The group briefly discussed the "demo" pit, located on the west side of Bend. Mr. Schimke is investigating the options on how this land might be cleaned up and/or sold. The Commissioners asked that he investigate the options further and report back. Mr. Schimke said that curbside yard debris pickup services should be in place in the cities by 2009. Mr. Schimke noted that tipping fees could need to be raised fairly soon, not because of the planned north side facility, but to maintain current facilities and operations, especially in Redmond. 3. Discussion of Title III Allocations. Joe Studer provided an update on local wildfire situation. At this point there are over a million acres on fire in the west, and it is getting harder to get teams to work the fires. At present there are teams from Canada, New Zealand, Australia, Montana and Alaska working on local wildfires. The annual average in the west is 452 fires that affect 38,000 acres. Minutes of Administrative Work Session Wednesday, August 23, 2006 Page 2 of 3 Pages Regarding Title III allocations, it was determined that these funds cannot be used for road maintenance, as Commissioner Daly had suggested; the uses are very limited and very specific. Recommendations have been developed by staff as to how Title III funds should be used, if and when they are approved by the federal government. CLARNO: Move approval of staff recommendations for Title III funds. LUKE: Second. VOTE: DALY: No. CLARNO: Aye. LUKE: Chair votes yes. 4. Other Items. None were offered. Being no further discussion, the meeting adjourned at 3:10 p.m. DATED this 23rd Day of August 2006 for the De utes County Board of Commissioners. 4 R. Luke, Bev Cfarno. Vice Chair ATTEST: Recording Secretary Minutes of Administrative Work Session Wednesday, August 23, 2006 Page 3 of 3 Pages AL A Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, AUGUST 23, 2006 1. Discussion of Enforcement of Destination Resort Regulations - Tom Anderson, Catherine Morrow, Terri Payne 2. Solid Waste Update - Timm Schimke 3. Discussion of Title III Allocations - Joe Studer 4. Other Items Please note: Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. 2006-07 Deschutes County Title III Options Selection Discussion: The outcome of the pending legislation to renew The Secure Rural School and Community Self-Determination Act of 2000 is still an uncertainty but indications are that the legislation will be re-authorized at the same level for at least one year and decreasing amounts over the next five years until essentially no funding to county governments. Given that information as a planning assumption, the following project proposals for FY 06-07 will receive funding consideration: County Forester $100,000 DCSO $200,000 Project Wildfire $ 30,000 DC GIS $ 31,070 FS Visitor Center $ 22,500 Heart of Oregon $ 85,000 DC Noxious Weeds $ 21,000 Wolf Tree $10,000 Glaze Meadow $ 12,500 Total $512,070 All proposals offer great services to the public and fit the six broad categories as per the legislation although the FS visitor center, Wolf Tree and the noxious weeds proposals are vicariously connected to legislative intent at best. For next FY we expect to receive $365,000 from the federal government and we have an additional $203,990 in reserves which is a cumulative total from all previous years. For FY 06-07 we have $568,990 for funding eligible projects. Funding Strategies: 1. Fund all requests leaving $56,920 in reserve. 2. Fund only Deschutes County requests of $352,070 leaving $261,920 in reserve. 3. Fund the following at reduced levels based on past spending, existing agreements and available monies from other grants: a. County Forester-467,500, a 33% decrease from last year. b. DCSO------------ $150,000, a 25% decrease from last year. c. DC GIS----------- $ 25,000, a 15% decrease from last year. d. Project Wildfire--$ 25,000, a 15% decrease from last year. e. Heart of Oregon--$ 45,000,a 10% increase from last year. f. Glaze Meadow---- 12,500, a new project for FY 06-07. Total $325.000 This leaves approximately $243,990 in reserve for out-year budget purposes. Recommended Strategy is 3 which provide sufficient funding to maintain viable programs while maintaining sufficient reserves until the resolution on the legislation. Deschutes County may consider a "mid-year" adjustment based on new or update legislation for those projects not funded. NORTH AREA DEVELOPMENT 22-Aug-06 2pm Bid Openning Kirby Hap Taylor Difference Item No. Description Nagelhout & Sons 1 Mobilization $ 383,872 $ 209,000 $ (174,872) 2 Site Preparation $ 772,813 $ 757,563 $ (15,250) 3 Underground Utilities $ 745,046 $ 990,000 $ 244,954 4 Sanitary Sewer System $ 184,929 $ 261,200 $ 76,271 5 Storm Water Storage $ 346,193 $ 324,100 $ (22,093) 6 Storm Water System $ 254,963 $ 233,500 $ (21,463) 7 Site Paving and Striping $ 1,545,205 $ 1,344,900 $ (200,305) 8 Site Concrete Sidewalks $ 91,589 $ 89,880 $ (1,709) 9 Site Lighting $ 63,253 $ 14,000 $ (49,253) 10 Scale House & Scales $ 756,279 $ 1,030,000 $ 273,721 11 Public Receiving Facility $ 2,947,840 $ 3,600,000 $ 652,160 12 Public Recycling Center $ 1,141,500 $ 1,780,000 $ 638,500 13 Staff Facilities $ 281,535 $ 1,000,000 $ 718,465 14 HHW $ 351,798 $ 470,000 $ 118,202 15 Administration Building $ 1,494,956 $ 2,000,000 $ 505,044 16 Landscaping $ 523,004 $ 512,500 $ (10,504) 17 Signage $ 67,444 $ 49,800 $ (17,644) Total 11,952,219 $ 14,666,443 $ 2,714,224 Deductive Alternatate 1 Minus 2" AC Paving $ 318,000 $ 302,673 $ (15,327) 0 1~' { Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM To: Dave Kanner and the Deschutes County Board of County Commissioners CC: Tom Anderson, Community Development Director From: Catherine Morrow, Terri Payne, Planning Division Date: August 23, 2006 Subject: Destination Resort Briefing PURPOSE The purpose of this memo is to brief the Deschutes County Administrator and Board of County Commissioners on the status of a destination resort housing issues and the request to change County destination resort code. STATUTE AND CODE State Statute: 197.435-197.467 County Codes: 18.04, 18.113, 19.04, 19.106, 23.12, 23.84 BACKGROUND 1984: State Planning Goal 8 established destination resort siting standards, allowing for the siting of destination resorts without the need for a goal exception. 1992 and 1993: The County mapped areas for destination resorts and provided a zoning overlay district for the mapped areas. 1993: House Bill 2932 (HB 2932) amended state statute relating to destination resorts. A phasing plan for-the required 150 overnight units was added. Additionally, the dollar amount that must be spent developing destination resorts was updated, and indexed to 1993 dollars. County Code Title 19, Bend Urban Growth Area Zoning, was amended to conform to the 1993 legislation, but Title 18, County Zoning, was not updated. 2003: Senate Bill 911 (SB 911) further amended destination resort statute. Most of the changes in SB 911 provide a separate set of resort approval criteria for eastern Oregon. The amendments: ■ Raised the ratio of individually owned residential units to overnight lodging from 2:1 to 2.5:1. • Reduced the number of weeks a individually owned dwelling counted as overnight lodging must be place in a rental pool from 45 to 38 Quality Services Performed with Pride w -CC~ Destination Resort Briefing 8-23-06 ■ Clarified that homeowners may rent overnight lodging units through either the resort's central service or an outside property management company. ■ Altered phasing of the minimum required 150 units of overnight lodging to reduce resort's first phase overnight lodging from 75 units to 50 units and enabled the resort to phase in the remaining 100 units over a 10 year time period. ■ Allowed counties to amend destination resort overlay mapping outside of periodic review. ■ Added a requirement for an annual accounting of the overnight lodging at the resort including the status of the required 150 units of overnight lodging, the ratio between individually owned units and overnight units and information on individually owned units counted as required overnight units. These statutory changes have not been incorporated into Deschutes County Code. The county already has a reporting requirement in our code, but it is not exactly the same as the new statute. July 2004: Nancy Craven, representing Eagle Crest, Pronghorn and Sunriver, applied for a text amendment to update.the language in DCC Title 18. Ms. Craven also submitted an application to update DCC Title 19, for Cascade Highlands. These amendments were intended to incorporate the changes from HB 2932 and SB 911 into County Code. Staff recommended some additional minor code changes. The Deschutes County Planning Commission held a work session on October 14, 2004 followed by a public hearing on November 4, 2004. With the removal of one section on bonding that was more lenient than State Statute, the Planning Commission recommended approval of the applicant and staff proposed code changes. The applicant then requested that this amendment be put on hold. Fall 2005: The County considered creating a process to remap lands designated for destination resorts, as allowed by SB 911. The Planning Commission held 6 meetings on the question of remapping, starting with a joint meeting with the County Board of Commissioners on October 13. On February 9, 2006 the Planning Commission voted to recommend that the Board that the County defer a decision on remapping until at minimum, the Oregon Supreme Court ruled on Measure 37 and that the County not accept applications for text amendments to adopt a remapping process. The Planning Commission recommendation was forwarded to the Board in a memo dated February 14, 2006. Based on discussions with the Board, due to the continuing uncertainty of Measure 37, the Planning Division will not initiate a remapping work program unless directed to do so by the County Board. February 2006: Staff sent out a letter to Eagle Crest requesting the required annual report on individually owned units counting towards their overnight ratio. The letter was sent only to Eagle Crest, because they are the only destination resort meeting the criteria. (Next year, the request letter will be sent to other resorts, such as Pronghom, that have initiated development.) A timely response was received listing the total number of housing units of each type, but without the required information for the individually owned units acting as overnight units. Consequently, staff sent another letter and Eagle Crest is currently compiling that information. Staff expects that Eagle Crest will show that they are meeting the standard for reporting the individually owned units counted towards the overnight ratio requirement. If they do not comply, we expect them to outline steps they will undertake to meet the standard. In the latter case, staff will work closely to ensure that the steps are followed. Page 2 Destination Resort Briefing 8-23-06 May 2006: Nancy Craven requested that we reopen and process the text amendment for Title 18 only. By mutual agreement, this application is pending while Eagle Crest continues to research existing housing numbers. DESTINATION RESORT HOUSING In many of the discussions on destination resorts concerns have been raised over the use of the destination resort housing. DCC 18.113.010(E) (destination resort code) states: "9t is not the intent of DCC 18.113 to site developments that are in effect rural subdivisions, whose primary purpose is to serve full-time residents of the area." There are two types of housing discussed in statute and code, overnight lodging and individually owned residential units. Overnight lodging includes hotels, motels, cabins and timeshares. Individually owned residential housing can be single family or multi-family and can be used as a primary home, a second home, or a rental. Individually owned residential units that are rented out can be considered overnight units under defined circumstances. Resorts are required to maintain a ratio of no more than 2 individually owned units for every unit of overnight lodging (SB911 changed the ratio in Eastern Oregon to 2.5:1). This is intended to ensure that the resorts remain destinations for visitors, rather than rural subdivisions. County Code requires a check at each phase of resort development to ensure the required individually owned to overnight ratio is maintained. Also required is an annual accounting of all individually owned units counted towards the overnight lodging total. Due to the limited number of developed resorts, initially staff did not press these issues. As the number of resorts has grown, so has the need to ensure compliance with existing County requirements. The application to amend Title 18 presents a policy choice for the Board. It would increase the ratio of individually owned housing to overnight lodging, decrease the number of weeks individually owned units counted as overnight lodging had to be available in the rental pool, adjust the phasing requirements for the minimum 150 overnight units, and increase the investment required in first phase. OPTIONS 2006 Option 1: Schedule a Board of County Commissioners Public Hearing on the applicant's proposed text changes to Title 18 after the housing ratio information is received from Eagle Crest. Option 2: Due to the length of time between the Planning Commission recommendation and the applicant's reopening of the request, send the proposal back to the Planning Commission for further consideration. Attachments 1. November 4, 2004 Planning Commission minutes 2. February 1, 2006 letter to Eagle Crest 3. March 28, 2006 letter from Eagle Crest 4. April 10, 2006 letter to Eagle Crest Page 3 ,-r E L=UM=ff9yA1M1M'munity Development Department Planning Division Building Safety Division Environmental Health Division / 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 MEETING MINUTES http://www.co.deschutes.or.us/cdd/ DESCHUTES COUNTY PLANNING COMMISSION BARNES AND SAWYER ROOMS OF THE DESCHUTES SERVICES BUILDING 1300 NW WALL STREET, BEND, OR 97701 NOVEMBER 4, 2004 - 5:30 P.M. 1. CALL TO ORDER Chair Sailors called the meeting to order. Members present were Tammy Sailors, Keith Cyrus, Brenda Pace, Dennis Edsman, Mike Shirtcliff and Allan Jones. Staff present were Matthew Martin, Planner, and Linda Larson, Planning Secretary. II. APPROVAL OF MINUTES 10/14/04 and 5113/04) 10/14/04 - Commissioner Shirtcliff made a motion to approve the minutes as written. Commissioner Erisman seconded the motion. The vote was unanimous in favor of approving the minutes. 5/13/04 - There was not a quorum present to approve these minutes. They will be brought up for approval at the next meeting. III. PUBLIC COMMENTS AND CONCERNS There were none. IV. PUBLIC HEARING - FILE NO'S. TA-04-4 AND TA-04-5 - TEXT AMENDMENTS TO DESCHUTES COUNTY CODE, TITLES 18 AND 19, REGARDING DESTINATION RESORTS - MATT MARTIN, ASSOCIATE PLANNER Chair Sailors read the legal disclaimer. Chair Sailors asked if anyone on the Commission wished to declare a bias on this issue. Chair Sailors had done work on behalf of the applicant on water issues. No one challenged Commissioner Sailors. There were no challenges from the public DCPC Meeting Minutes November 4, 2004 Page 1 Quality Services Performed with Pride they are not counted. The second home users were really transient users. There is hesitancy of some purchasers to invest in a second home when there is such a high restriction on their private usage. The 45 weeks is a tough standard, when you buy a home and are limited to 7 weeks. The initial capitol investment is huge for 150 units. In 1993 they amended it to go 75-75 but it was never implemented by Deschutes County. We went to the legislature to get more flexibility in regard to that. We agreed to a 50-50- 50. The last issue was the central reservation system. Some of the resorts have property mangers or are managed by other people. We negotiated with LCDC, 1000 Friends then the governor's office. The consensus by all was compelling. The State wanted to insure that there was a transient use of the property. That is how we came to an Eastern and Western Oregon that is dealt with by the market. There is no major change to the definition of overnight or operation of overnight. The bill did not include the opportunity to include these second homes as rentals unless they stayed in a rental pool. The weeks changed from 45 to 38 of availability. The ration was changed from 2 to 1 to 2.5 to 1. The phasing was changed slightly so that the first 50 have to be constructed before you can sell individual lots and the next 50 can be bonded within 5 years of the initial lot sales. The remaining constructed or bonded within 10 years of the initial lot sales. And the bonding term of any of those segments is four years. The mapping, how can the county modify the mapping? The reason for filing this was to meet state law. Deed restriction, CCR'S, annual reporting, there is a requirement if home is used for overnight units. Maintain in the pool. Must show the ratio. I worked on the Pronghorn access and it is a direct access onto Powell Butte Highway. Commissioner Pace said a majority of houses can be single family or primary housing and over the years many resort projects that are far out of the way turn into more like a subdivision. What is the proportion of primary residences at Sunriver, Eagle Crest and Black Butte? Do you know what that is? Nancy Craven said no one can avoid the overnight accommodation ratio requirement. Neither Black Butte nor Sunriver were goal 8 issues. Tom Walker of W&H Pacific: Eagle Crest has to apply to the 2 to 1 ratio. One third of all dwellings at Eagle Crest have to be overnight rentals. Commissioner Pace asked of the remainder, how many are now primary housing. Tom says 10-20% are full time residents. A good indication is the number of children that go to school. Commissioner Pace says many are seniors. Tom says secondary homes are a big part of the picture. Commissioner Pace says the census shows 50%. Tom says it is greater in the summer and on weekends. John Fettig, realtor and property owner in Sunriver. 1998 home owner's survey shows that since 1968 the full time ownership has not changed, it is about 20%. The full time ownership after 1992 was 16%. Commissioner Pace says the census shows this also. Nancy would like the commissioners to implement the new law. Chair Sailors asked for discussion. Commissioner Shirtcliff moved to close the public hearing. Commissioner Cyrus seconded. All voted yes. DCPC Meeting Minutes November 4, 2004 Page 3 pkz) AOe 2~ Community Development Department rA A t_ XPlanning Division - Building Safety Division • Environmental Health Division 117 NW Lafayette Avenue • Bend, Oregon - 97701-1925 (541) 388-6575 - FAX (541) 385-1764 February 1, 2006 Allan Van Vleet P.O. Box 1215 Redmond, OR 97756 SUBJECT: Yearly Destination Resorts Housing Report http://www.co.deschutes.or.us/cdd/ Dear Mr. Van Vleet: Attached please find Deschutes County Code (DCC) Section 18.113 relating to destination resorts. DCC 18.113.070(U) lists requirements for showing that individually-owned units counting towards the required overnight lodging remain available for rent the required number of weeks. DCC 18.113.070(U)(5) states as follows. "5. A requirement that each such unit be registered and a report be filed on each such unit yearly by the owner or central booking agent on January 1 with the Planning Division as to the following information: a. Who the owner or owners have been over the last year; b. How many nights out of the year the unit was available for rent through the central reservation and check-in service; and c. How many nights out of the year the unit was rented out as an overnight lodging facility under DCC 18.113. " Historically the County has not asked for these reports, relying on the resort's discretion to provide them. However, as the number of destination resorts grows, this method becomes increasingly unworkable. Therefore, the County is now asking each approved Goal 8 destination resort to submit their housing report to the County Planning Division as required by code. Separate from the required report, any additional information you can provide on resort housing would be appreciated. Examples of the types of information that would be useful would be the total number of housing units, the type of units (single family, hotel, multi-family), and whether the units are used as residential housing, rentals (in or out of the overnight lodging program), or timeshares. This information may not be readily available and is, of course, not required, but could help the county assess existing housing availability and future housing needs. Because this letter is not going out until February, the deadline for 2006 has been extended to April 1. For next year, a reminder letter will be sent out in November and the January 1 deadline will apply. If you have any questions, please contact me at (541) 385-1708. Thank you in advance for your cooperation. Sincerely, Catherine Morrow, Planning Director DESCHUTES COUNTY PLANNING DIVISION Attachment: DCC Code 18.113 Quality Services Performed with Pride March 28, 2006 Ms. Catherine Morrow J EAGLE CREST" RES0P,r Part of the JELDiVEN. family 1 Planning Director, Deschutes County MAR 3 12006 117 NW Lafayette Bend, OR 97701 DESCHt j `b ~U TY eX4 , Re: Eale Crest Resort, Overnight Lodging Report Dear Ms. Morrow: This letter responds to your February 1, 2006 letter regarding the status of overnight lodging units at Eagle Crest. As you know, resorts are built out over a period of many years. Thus, all three phases within Eagle Crest are still under construction. However, below is a summary of the numbers of residential units and overnight lodging units that have been constructed thus far. Eagle Crest currently contaiis .1,476 total units: Of those units, 891 are individually-owned. units that are not available for. r' 6ntaL under fhe 2:1' ratio currently iruthe County Code;'this number of residential dhits-rdquires 446 overnight lodging units. The resort contains 585 overnight lodging units, cornprised of the following types of units: 442 units are timeshares and hotel units, and 143 are individually-owned units that are available for rental at least 45 weeks per year. (As you know, the code defines overnight lodging units to include hotel rooms, lodges, cabins and timeshare/fractional units. The code also includes individually owned if they are available for overnight rental for at least 45 weeks per calendar year.) Under Senate Bill 911 (2003), the ratio has changed from 2:1 to 2.5:1 for Eastern and Central Oregon. We understand that the County is in the process of implementing SB 911. Assuming the County carries out the legislature's intent and adopts the revised ratio, the overnight lodging requirement for Eagle Crest will change accordingly. Under the current construction numbers, the 891 individually owned units constructed so far would require 356 overnight lodging units, rather than 446. Thus, Eagle Crest meets the ratio under the current County Code and will exceed it under SB 911. Eagle Crest looks forward to completing construction of the resort, and is pleased to continue to contribute to the region's economy. We have been a part of the Redmond and Central Oregon community since 1985; and we 'are one of the area's largest employers. Eagle Crest currently ftploys over 550 individuals, and provides significant philanthropic support to a vanotyof org-ariizations and causes in Central Oregon. The current market value of the resoi H i; ever 1"~5 ifiiilion dollars, and property taxes frori tne'resort contri bute over 8% of the'RocIm gild School District's budget: However,'due to thr.k v-a ation-oriented nature ofthe resort, it enroll:, approximately 17 students in the district (ot:: of a total of over 6,000 students). Thus, Eagle Crest truly continues to be a destination rsurt, as envisioned by Goal 8. I look forward to updating you on the resort's lodging numbers in 2007, as construction continues. Thank you for your interest in Eagle Crest. Sincerely, /4--~ tIAW- Alan Van Vliet Director of Development Eagle Crest, Inc. 2 TES 21 Community Development Department 4 Planning Division • Building Safety Division • Environmental Health Division 117 NW Lafayette Avenue • Bend, Oregon • 97701-1925 (541) 388-6575 • FAX (541) 385-1764 http://www.co.deschutes.or.us/cdd/ April 10, 2006 Allan Van Vleet P.O. Box 1215 Redmond, OR 97756 SUBJECT: Yearly Destination Resorts Housing Report Dear Mr. Van Vleet: Thank you for your letter of March 28, providing the housing summary for Eagle Crest. We appreciate your timely response. There is one piece of information, however, that is still needed. For the 143 individually-owned units that are counted as overnight units we need the name of the owner, the number of nights the unit was available for rent and the number of nights the unit was rented, as required by County Code. DCC 18.113.070(U)(5) "A requirement that each such unit be registered and a report be filed on each such unit yearly by the owner or central booking agent on January 1 with the Planning Division as to the following information: a. Who the owner or owners have been over the last year; b. How many nights out of the year the unit was available for rent through the central reservation and check-in service; and c. How many nights out of the year the unit was rented out as an overnight lodging facility under DCC 18.113. " The information should be available from your reservation system and could be conveyed through use of a simple table like the example below. Owners Address/Tax Lot Nights Available Ni hts Rented Jane Doe 1234 Main St. 315 W%n As you noted in your letter, in 2003, the Oregon Legislature changed destination resort regulations. At this time, those changes have not been adopted into County Code by the Deschutes County Board of Commissioners. In 2004, a text amendment application was submitted on behalf of Eagle Crest and others, to adopt the new language into County Code. The Planning Commission voted to forward a recommendation of approval to the County Board, but before the Board held a hearing, the applicant put the project on hold. If the request to change the County Code to match State Statute is reopened, and if the changes are adopted by the Board, you will have the option of returning to the County for a modification of the Eagle Quality Services Performed with Pride Crest Master Plan. That would be the avenue to pursue to allow Eagle Crest to apply the amended regulations, including a change in the ratio of overnight accomodations. We would appreciate the additional housing information by May 15, 2006. If you have any questions or concerns, please contact me at (541) 385-1708. Thank you in advance for your cooperation. Since , Cat erine Morrow, Planning Director DESCHUTES COUNTY PLANNING DIVISION CC: Nancy Craven