2006-995-Order No. 2006-154 Recorded 11/2/2006NANCYDESCHUBLANKENSHIPTES COUNTY OFFICIAL
COUNTY CLERK OS CJ 200 6.004
REVIEWED COMMISSIONERS' JOURNAL
11/44/2046 01:45:45 PM
LEGAL COUNSEL I I III I IIIIIIIIilll~lll III
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Extending the Improvement Agreement
for the Pronghorn Destination Resort * ORDER NO. 2006-154
WHEREAS, High Desert Development Company, on behalf of the Pronghorn Destination Resort, has
requested an extension of the Improvement Agreement (County Document No. 2002-451) for assuring the
required visitor-oriented facilities at the resort (See Exhibit A, attached and incorporated by reference), and
WHEREAS, the applicant has assured the required facilities through certain funding sources, as listed
under the Improvement Agreement Amendment (County Document No. 2006-539), attached as Exhibit B and
incorporated by reference, and
WHEREAS, the developer of the resort has obtained land use approval for, and made significant
progress toward completion of, the required facilities, including a restaurant, meeting room, and overnight
lodging, and
WHEREAS, the applicant has submitted an independently verified and County approved cost estimate
for the remaining improvements, and has the necessary land use permit approvals in place for additional
overnight units and meeting and eating facilities, and
WHEREAS, the developer's completion of the required facilities is feasible and much more desirable
than the County taking over the project for completion, and
WHEREAS, the Board has given due consideration to the proposed Improvement Agreement
Amendment and Extension, and finds it is in the public's interest to extend the Agreement; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
PAGE 1 OF 2 - ORDER NO. 2006-154 (10/30/06)
Section 1. That the Board approves the proposed Improvement Agreement Amendment by
signature of County Document No. 2006-539, and includes the attached background information as part of this
order.
DATED this-5/ fl-
DATED of October, 2006.
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, ORF,,
LUKE, Chair
ATTEST:
Recording Secretary
BEV CLARNO, Commissioner
MICHAEL M. DALY, Commissioner
PAGE 2 OF 2 - ORDER NO. 2006-154 (10/30/06)
REVIEWED
LEGAL OUNSEL
AMENDMENT NO. 2 TO IMPROVEMENT AGREEMENT
THAT CERTAIN AGREEMENT, Improvement Agreement, Deschutes County Document No. 2002-
451, recorded at Deschutes County Records No. 2002-68693, dated December 6, 2002, and
amended by Amendment No. 1 to Improvement Agreement, Deschutes County Document No. 2005-
235, dated June 22, 2005, is amended effective upon signature of all parties, as set forth below. All
other provisions of the contract remain the same and in full force.
Pages 2 through 3 of the above listed contract are amended as follows:
3. Exhibits. The exhibits set forth below and attached to this Agreement are hereby incorporated herein
by reference:
1. Exhibit A - List of Required Improvements and cost estimates
2. Exhibit B - Deschutes County Subdivision approval, File No. TP-02-930
3. Exhibit C - Deschutes County approval, File No. SP-02-035.
4. Exhibit D - Deschutes County Site Plan approval for Visitor-Oriented Lodging, Meeting and
Eating Facilities, File No. SP-02-49
5. Exhibit E - Construction Contract between Developer and HCC for Visitor-Oriented
Lodging, Clubhouse, Meeting and Eating Facilities
6. Exhibit F - Surety Bond for Lodge, Meeting and Eating Facilities, Clubhouse and first 50
units of Overnight Visitor-Oriented Lodging, Bond and Power of Attorney
7. Exhibit G - Escrow Instructions between County and Developer
8. Exhibit H -Deschutes County approval of Final Master Plan, File No. M-02-1
9. Exhibit I - Signature Authorization for High Desert Development Company, LLC
10. Exhibit J - Signature Authorization for Hayhoe Construction Corporation
11. Exhibit K - CC&R's, Homeowner Association documents, Lot access provisions
12. Exhibit L - Revised Cost Estimate
13. Exhibit M Letter from W&H Pacific Approving Revised Cost Estimate and Confirming
Status of Construction of Lodging/Dining/Meeting Facilities
14. Exhibit N: Deschutes County Site Plan Approval for Clubhouse (Meeting and Eating
Facilities), File No. SP-04-47
15. Exhibit O: Deschutes County Site Plan Approval for "Camp Pronghorn" (Meeting and
Eating Facilities), File No. SP-04-31
PAGE 1 OF 4 - AMENDMENT NO. 2 TO IMPROVEMENT AGREEMENT 2002-241
DESCHUTES COUNTY DOCUMENT NO. 2006-539
EXHIBIT- ft ard& a 1(o•10TI
16. Exhibit P: Deschutes County Site Plan Approval for 4 Visitor-Oriented Overnight Lodging
Buildings, File No. SP-04-10
17. Exhibit Q: Deschutes County Site Plan Approval for 2 Visitor-Oriented Overnight Lodging
Buildings, File No. SP-05-65.
18. Exhibit R: October, 2006 Revised Cost Estimate.
19. Exhibit S: Letter from W&H Pacific Approving October, 2006 Revised Cost Estimate and
Confirming Status of Construction of Lodging/Dining/Meeting Facilities.
4. Identification of Required Improvements. Developer shall install and complete, or cause to be
installed and completed, the following improvements, as listed in Exhibit A and modified by Exhibits L, M, R,
and S and required by the approvals in TP-02-930, SP-02-49, SP-04-47, SP-04-31, SP-04-10, and SP-05-65 as
set forth in Exhibits B, C, D, N, O, P, and Q respectively, to the extent that same remain to be completed: A
lodge with restaurant, meeting rooms and golf pro shop, and 150 units for visitor-oriented overnight lodging (the
"Required Improvements"). The Required Improvements are described in greater detail in that certain
Construction Contract by and between Developer and HCC(the "Construction Contract"), a copy of which is
attached hereto as Exhibit E. The Required Improvements are sometimes hereinafter referred to as including
two components: the lodge with restaurant, meeting rooms and golf pro shop together with the first fifty units of
overnight lodging for visitors are sometimes hereinafter referred to as the "Meeting Improvements"; and the final
one hundred units of visitor-oriented overnight lodging are sometimes hereinafter referred to as the "Lodging
Improvements." The Construction Contracts shall not relieve Developer of the duty to complete any Required
Improvements. If Required Improvements are not specifically set forth in the Construction Contracts, the Permits
shall prevail when determining what improvements constitute Required Improvements.
Page 4 of the above listed contract is amended as follows:
9. Additional Bond; Revised Cost Estimates; Extension of Completion Dates.
a. Developer has the right to seek up to three (3) one-year extensions for the completion of the
Required Improvements under DCC Section 22.36.010 (each such extension, a "Land Use Extension"). A new
Bond, in a form and amount approved by County, shall be obtained consistent with the Land Use Extension.
1) In the event that Developer obtains one or more Land Use Extensions and the Meeting
Improvements are the portion of the Required Improvements that remain incomplete, Developer shall have the
right to extend the Meeting Completion Date by one year for each Land Use Extension obtained by completing
the following: (i) obtaining an independently verified and County approved revised cost estimate (the "Revised
Meeting Estimate") for completing the Meeting Improvements; and (ii) obtaining a new bond, in a form and
amount approved by County, for an additional one year and assuring that the bond covers a minimum of one
hundred ten percent (110%) of the County-approved Revised Meeting Estimate. Developer's receipt of County
approval for a Land Use Extension pursuant to DCC 22.36.010 and completion of (i) and (ii) shall automatically
extend the Meeting Completion Date by an additional year over the immediately prior Meeting Completion Date.
2) In the event that the Developer obtains one or more Land Use Extensions and the Lodging
Improvements are the portion of the Requirement Improvements that remain incomplete, Developer shall have
the right to extend the Lodging Completion Date by one year for each Land Use Extension obtained by
completing the following: (i) obtaining an independently verified and County approved revised cost estimate (the
"Revised Lodging Estimate") for completing the Lodging Improvements; and (ii) depositing into the Trust
Account such funds as are approved by County and necessary to bring the balance to an amount that equals
not less than one hundred ten percent (110%) of the County-approved Revised Lodging Estimate. Developer's
receipt of County approval for a Land Use Extension pursuant to DCC 22.36.010 and completion of (i) and (ii)
shall automatically extend the Lodging Completion Date by an additional year over the immediately prior
Lodging Completion Date.
b. Developer may seek extensions of both the Meeting Completion Date and the Lodging Completion
Date in any year(s).
PAGE 2 OF 4 - AMENDMENT NO. 2 TO IMPROVEMENT AGREEMENT 2002-241
DESCHUTES COUNTY DOCUMENT NO. 2006-539
c. The parties agree that, with Deschutes County Document number 2005-235 dated June 25, 2005 and
this amendment, Deschutes County Document number 2006-539, Developer sought and received the following
extensions from County.
1) December 19., 2004 - December 19, 2005.
2) December 19, 2005 - December 19, 2006.
3) December 19, 2006 - December 19, 2007
d. The parties agree that Developer may not seek additional one-year extensions under this agreement
unless the parties agree to the terms.
Page 5 of the above listed contract is amended as follows:
16. Security for Meeting Improvements. Developer has contracted with HCC to provide the following
security for completion of the Meeting Improvements: A bond 1884518) issued in favor of the County by
Surety, deposited with the County in the amount of Five Million Five Hundred Fifty-Two Thousand Two Hundred
Fifty Dollars ($5,552,250) attached hereto as Exhibit F (the "Bond"). The amount of the Bond represents one
hundred and ten percent (110%) of the estimated costs, as set forth in Exhibit A and modified by Exhibits L, M,
R, and S, hereto, of completing the Meeting Improvements to County standards, as applicable. As used herein,
issuers of surety bonds individually or collectively may be referred to as "Surety."
Dated this of , 2006 BOARD OF COUNTY COMMISSIONERS
DENNIS R. LUKE, CHAIR
BEV CLARNO, COMMISSIONER
ATTEST:
Recording Secretary
MICHAEL M. DALY, COMMISSIONER
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared DENNIS R. LUKE, BEV CLARNO, MICHAEL M.
DALY, and the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this day of , 2006.
Notary Public for Oregon
My Commission Expires:
DEVELOPER'S SIGNATURE TO FOLLOW ON NEXT PAGE
PAGE 3 OF 4 - AMENDMENT NO. 2 TO IMPROVEMENT AGREEMENT 2002-241
DESCHUTES COUNTY DOCUMENT NO. 2006-539
DEVELOPER:
s
STATE OF 0~3€G6fd- C ~``~fa~n<<a
RS-
County of Dew aWAW d0.rn
Dated this day of 2006.
HIGH DESERT DEVELOPMENT COMPANY LLC,
An Oregon limited liability company
By High Desert Development Partners LLC
A California Limited Liability Company
Its Managing Member
By Northwest Resort Development, Inc.
A California Corporation
Its
By
Before me, a Notary Public, personally appeared Thomas C. Hix and acknowledged the
foregoing instrument on behalf of High Desert Development Company as President of Northwest Resort
Development, Inc., the managing member of High Desert Development Partners LLC, the managing
member of High Desert Development Company, LLC.
DATED this ;1-%ay of C) , 2006.
Notary Public, State of OzegoA- Cd I W'Y\%G
My Commission Expires: `1-q-o`
T ROSE SHEA
V
COMM. # 1423791
~
NOTARY PUBLIC-CAUFORNIA
n
SANiA CLARA COUNTY
COMM. D(P. JULY 9, 2007
PAGE 4 OF 4 - AMENDMENT NO. 2 TO IMPROVEMENT AGREEMENT 2002-241
DESCHUTES COUNTY DOCUMENT NO. 2006-539
EXHIBIT Q
Findings and Decision
--V E
JAN 16 2006
H FAC h6unity 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/
FINDINGS AND DECISION
FILE NUMBER:
APPLICANT/
PROPERTY OWNER:
SP-05-65
Pronghorn Development Company
300 SW Columbia, Suite 201
Bend, OR 97702
AGENT/ W&H Pacific, Inc.
ENGINEER: c/o Ron Hand
920 SW Emkay Drive, Suite C-100
Bend, OR 97702
REQUEST: Site Plan approval for two timeshare units in the core area
of the Pronghom destination resort.
STAFF CONTACT: Paul Blikstad, Associate Planner
1. STANDARDS AND APPLICABLE CRITERIA
A. Pronghorn Destination Resort Master Plan, as outlined in County Files CU-00-
118 and M-02-1
B. Title 18, Deschutes County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use (EFU) Zone
Chapter 18.113, Destination Resort -DR Combining Zone
Chapter 18.124, Site Plan Review
Chapter 18.116, Supplementary Provisions
If. BASIC FINDINGS
A. LOCATION: The subject property is located within the Pronghorn destination
resort, and is identified on Deschutes County Assessor's map #16-13-16, as tax
lot 201.
B. ZONING: The subject property is zoned Exclusive Farm Use - Alfalfa subzone
(EFU-SC), and is designated agriculture on the Deschutes County
Comprehensive Plan. The property is also within the Destination Resort (DR)
combining zone.
SP-05-65
Page 1 EXHIBIT Q
Quality Services Performed with Pride Page 1 of 15
C. LOT OF RECORD: The subject property is part of•lot,11 of the Core Area of
Pronghorn plat that was recently (December 15, 2005) recorded with the County
Clerk's Office.
D. SITE DESCRIPTION: This portion of the Pronghorn property is currently
undeveloped, but is located adjacent to the Nicklaus golf course, parking areas,
and three recently completed townhome units. The property has a vegetative
cover of juniper woodland and an understory of scrub brush and grasses in
undisturbed areas. The resort site has current construction of roads and utilities
for phase 2 of the resort, as well as the construction of the second (Fazio) golf
course, with much ground disturbance occurring. Access to the resort property is
from a road extending from Powell Butte Highway across Bureau of Land
Management (BLM) property to the resort entrance. Access to the proposed
timeshare units is on the existing entry road, as well as through the golf course
parking areas.
E. SURROUNDING LAND USES: The resort property is surrounded on all four
sides by land under the administration of the Bureau of Land Management
(BLM). Use of the BLM property consists of military training operations and
general public recreational use. The resort currently includes platted lots
(phases 1, 2, 3 and 4) and one of the proposed golf courses (Nicklaus course),
along with clubhouse and maintenance facilities for the golf course. The Fazio
golf course is under construction.
The first (lots 1-85), second (lots 86-229), third (lots 230-288), and fourth (lot
289) phases of the resort have been platted. These platted lots are located in
the eastern, northern and northwestern portions of the resort. The entrance to
the resort extends to these lots and the road is currently paved through phase 1
and unimproved through phases 2 and 3.
F. PROPOSAL: The applicant is requesting site plan approval for two 8-dwelling
unit timeshare condominium structures in the core area of the resort. The two
buildings are to each house 8 residential units, for a total of 16 condominium
units. The units are to be 2-story structures, with exteriors that include stone,
stucco and timber. Access to the units is to be from a roadway (Nicklaus Drive),
which is an extension of the paved road into the core area of the resort. The
proposed units are located ajdacent to the temporary clubhouse facility, the
Camp Pronghorn recreation facility, hole no. 18 of the Nicklaus golf course, as
well as the other condominium structures, which are located on Adventure Court.
G. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice of the
proposed site plan to several agencies and received the following comments:
A. Deschutes County Property Address Coordinator:
Any and all new proposed road names must be reviewed and approved
by the Property Address Coordinator.
B. County Road Department:
The applicant is to meet the following conditions if this land _ use
application is approved:
SP-05-65
Page 2
EXHIBIT Q
Page 2of15
1. Roads and multi-use paths that are in or adjacent to the site plan
being developed shall be designed and constructed in
accordance with Title 17 of the Deschutes County Code.
2. The applicant shall construct all roads and multi-use paths
improvements under the inspection and approval of ' the
Deschutes County Road Department Director. The Director may
accept certification of improvements by a professional engineer
consistent with ORS 92.097.
C. County Building Safety Division:
Building permits and proper plan review will be required.
D. Redmond Fire Department4:
Water:
Chapter 5, Section 508.3 Appendix B Section B 105.2 One and
two family dwellings: The minimum fire flow requirements for
one and two family dwellings having a fire flow calculation area
which does not exceed 3,600 square feet (including the garage)
shall be 1,000 gallons per minute and hydrants spaced not more
than 500 feet. Fire flow and flow duration for dwellings having a
fire flow calculation area in excess of 3,600 square feet shall not
be less than that specified in Table B 105.1.
Chapter 5, Section 501.4 Timing of Installation: Fire appartus
access roads and water supply for fire protection is required to
be installed and made serviceable prior to and during the time on
construction.
Access:
Chapter 5, Section 503.1.1: The fire apparatus access road
shall extend to within 150 feet of all portions of the facility and all
portions of the exterior walls of the first story of the building as
measured by an approved route around the exterior of the
building or facility.
Chapter 5, Section 503.2.3, Surface: Fire apparatus access
roads shall be designed and maintained to support the imposed
loads (75,000 Ibs) of fire apparatus and shall be surfaced so as
to provide all-weather driving conditions.
Chapter 5, Section 505.1, Address Numbers: Buildings shall
have approved address numbers plainly legible and visible from
the street or road fronting the property.
Chapter 5, Section 504.1, Required Access: Exterior doors and
openings shall be made readily accessible for emergency access
by the fire department. An approved access walkway leading
from the fire apparatus access roads to exterior openings shall
be provided when required by the fire code official.
SP-05-65
Page 3 EXHIBIT Q
Page 3 of 15
E. Pacific Power and Light submitted a transmittal response indicating that
they can serve the subject property.
F. Deschutes County Assessor:
No comment response.
G. No response was received from Avion Water Company, Central Electric
Cooperative, Qwest, and the Bureau of Land Management.
H. REVIEW PERIOD: This application was deemed complete and formally
accepted on January 2, 2006. The 1501h day on which the County must take final
action on the application is June 1, 2006.
The applicant has also complied with the posted notice requirements of Section
22.23.030(B) of Title 22. The applicant has submitted a land Use Action Sign
Affidavit dated December 16, 2005, that indicates that the applicant posted notice
of the land use application on that same date.
III. CONCLUSIONARY FINDINGS
A. Conformance with the Pronghorn Final Master Plan:
FINDING: The proposed condominium units are located in the area approved for
such development in the Pronghorn Final Master Plan, shown as Areas 1, 2 and
3 on the final master plan map.
Staff finds the following FMP conditions of approval applicable to the proposed
site plan:
D. At the time of site plan and/or preliminary plat review, the applicant
shall demonstrate that all commercial, cultural, entertainment, or
accessory uses are contained within the resort and not oriented to
public highways.
FINDING: The proposed units are located within the resort's core area and will
not be oriented to public highways.
G. The applicant shall document compliance with the applicable solar
access standards at the time of site plan review for commercial or
multi-family uses and at the time of building permit review for single-
family dwellings.
FINDING: The proposed units are exempt from the solar standards as outlined
in condition of approval no. 9 of the conceptual master plan for Pronghorn (CU-
00-118). The proposed units will not affect the solar insolation of any residential
lots within the resort.
1. The applicant shall document compliance with the erosion control
plan during preliminary plat and/or site plan review.
SP-05-65
Page 4
EXHIBIT Q
Page 4 of 15
FINDING: The site for the proposed units is generally level ground. The
applicant proposes to use standard construction methods. Any runoff from the
site will be into soil and/or landscaped areas, consistent with the erosion control
plan. If any injection wells are proposed, they must be reviewed and approved
by the Oregon Department of Environmental Quality.
K. The applicant shall demonstrate compliance with all minimum lot
sizes, lot frontages, yard sizes, off-street parking requirements and
building height limitations established in Section 18.113.060 during
preliminary plat, site plan, and/or building permit review.
FINDING: The proposed units are not proposed to be on separate lots at this
time. There are no minimum lot sizes, yard size or lot frontages for condominium
units established in the master plan approval. The building heights meet the
standards approved for the resort (35 feet).
M. The applicant shall submit all construction drawings to the
Redmond Fire Department to document compliance with the
Department's fire protection requirements during site plan or final
plat review. Written documentation from the Fire Department shall
be required for each final plat submittal or the occupancy of any
building not part of a subdivision lot.
FINDING: The applicant will be required to submit construction drawings to the
Redmond Fire Department, and obtain written documentation from the Redmond
Fire Department of meeting the fire code requirements for fire protection for the
proposed buildings, prior to the occupancy of the structures.
N. The applicant shall construct all interior roads to the standards for
rural private roads specified in Table A, Title 17. The applicant shall
submit construction drawings for all interior roads to the Deschutes
County Road Department.
0. The applicant shall construct all separate bicycle/pedestrian paths
to a paved width of 10 feet, with 2 inches of asphaltic concrete over
a 4-inch depth of crushed aggregate base. The applicant shall
submit bicyclelpedestrian path construction plans to the Deschutes
County Public Works (now Road) Department.
FINDING: The existing entry road that serves the core area is constructed to the
above standards. Nicklaus Drive will need to be extended to serve the proposed
units. No bicycle/pedestrian paths are shown adjacent to the proposed units.
B. Title 18, County Zoning.
1, Chapters 18.16, Exclusive Farm Use - EFU-SC Zone.
a. 18.16.035 and 18.32.035, Destination Resorts:
SP-05-65
Page 5 EXHIBIT Q
Page 5of15
Destination resorts may be allowed where mapped as a conditional
use, subject to all applicable standards of the DR Zone.
FINDING: The subject property is zoned EFU-AL, with a Destination Resort
Zone overlay. Pursuant to section 18.113.020(6), when the provisions of the DR
zone are applicable, as they are in this case, the provisions of the DR zone "shall
supersede all other provisions of the underlying zone." Therefore, the provisions
of Chapter 18.16 are not applicable to this application.
2. Chapter 18.113, Destination Resort Combining Zone.
a. Section 18.113.030 Uses in destination resorts.
The following uses are allowed, provided they are part of, and are intended
to serve persons at, the destination resort pursuant to DCC 18.113.030 and
are approved in a final master plan;
A. Visitor-oriented accommodations designed to provide for the needs
of visitors to the resort:
1. Overnight lodging, including lodges, hotels, motels, bed and
breakfast facilities, time-share units and similar transient
lodging facilities
C. Residential accommodations:
3. Condominiums,
4. Townhouses;
6. Time-share projects.
FINDING: The proposed condominium units are allowed outright in the
destination resort combining zone. The applicant has stated that these units will
serve overnight guests of the resort. The conceptual master plan and final
master plan applications included both residential units and overnight
accommodations.
b. Section 18.113.040. ADDlication submission.
The authorization of a permit for a destination resort shall consist of three
steps.
C. Site Plan Review. Each element or development phase of the
destination resort must receive additional approval through the
required site plan review (DCC 18.124) or subdivision process (DCC
Title 17). In. addition to findings satisfying the site plan or
subdivision criteria, findings shall be made that the specific
development proposal complies with the standards and criteria of
DCC 18.113 and the FMP.
FINDING: The applicant is applying for site plan approval for the proposed
condominium units, which are allowed outright in the. DR zone.
C. Section 18.113.060 Standards for destination resorts.
SP-05-65
Page 6
EXHIBIT Q
Page 6of15
G. Dimensional Standards:
2. Exterior setbacks.
a. Except as otherwise specified herein, all development (including
structures, site-obscuring fences of over three feet in height and
changes to the natural topography of the land)shall be set back from
exterior property lines as follows:
L Three hundred fifty feet for commercial development
including all associated parking areas,
ii. Two hundred fifty feet for multi-family development and
visitor-oriented accommodations (except for single-family
residences) including all associated parking areas;
iii. One hundred fifty feet for above-grade development other
than that listed in DCC 18.113.060(G)(2)(a)(i) and (ii);
FINDING: The site plan drawing submitted with the application shows the layout
of the two buildings in relation to the exterior boundary of the resort. The
structures are at least 1,700 feet from the closest exterior boundary of the resort
(to the south), well beyond the 250-foot standard listed above. Additionally, the
proposed uints are approximately 29 feet in height, meeting the height limit (35
feet) established in the final master plan for the resort.
3. Chapter 18.124. Site Plan Review.
a. Section 18.124.060. Site plan approval criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the
natural environment and existing development, minimizing
visual impacts and preserving natural features including
views and topographical features.
FINDING: The proposed condominium units will have stucco, stone and wood
exteriors, blending in with the existing natural environment and the current and
future development at the resort. No views appear to be impacted by the
proposed units. Notice of the proposed site plan was sent to all property owners
within the resort and no comments were received. The topography of the site will
remain virtually the same. The natural features in this area would include trees,
some of which will be preserved in the landscaping of the site.
B. The landscape and existing topography shall be preserved to
the greatest extent possible, considering development
constraints and suitability of the landscape and topography.
Preserved trees and shrubs shall be protected.
FINDING: The proposed units are to be placed in an area that has already had
some ground disturbance. The applicant has indicated that juniper trees and
rock outcrops will be preserved where possible. After construction is completed,
SP-05-65
Page 7 EXHIBIT Q
Page 7of15
new landscaping is proposed around the units as outlined in the landscape plan.
The existing topography of the site will not change to any great extent.
C. The site plan shall be designed to provide a safe
environment, while offering appropriate opportunities for
privacy and transition from public to private spaces.
FINDING: The condominium units are proposed to be accessed by an extension
of Nicklaus Drive that connects with the main road into the resort. This new road
will serve the proposed units, as well as future units in this area. Each dwelling
unit will have a driveway extending from the new road, with parking- proposed
both in the garage associated with each unit, and also the driveways. Given the
site's close proximity to the Camp Pronghorn recreational facility across the
street, and its location close to the proposed golf courses and clubhouse, the
public can walk to these sites in general safety. Staff finds that there will be
appropriate opportunities for transition from public spaces (roads) to private
spaces (condominium units).
D. When appropriate, the site plan shall provide for the special
needs of handicapped persons, such as ramps for
wheelchairs and Braille signs.
FINDING: The building plans for the proposed units must meet all handicap
requirements of the building code.
E. The location and number of points of access to the site,
interior circulation patterns, separations between pedestrians
and moving and parked vehicles, and the arrangement of
parking areas in relation to buildings and structures shall be
harmonious with proposed and neighboring buildings and
structures.
FINDING: The proposed condominium site wilt be accessed from the main
entrance road into the resort. An extension of Nicklaus Drive will connect to this
main road to serve the units, with driveways extending from this new road. The
master plan map for Pronghorn shows a road extending northwest from the south
entrance of the resort to this area. This road also serves the golf course pro
shop, maintenance buildings, and pavillion building. Parking for the
condominium units is to be within the proposed garages designed into each unit,
and also on the driveways directly adjacent to the units. Pedestrians will be able
to walk safely in these areas, with a very short walking distance between the
condominium units and the rest of the core area of the resort. Any conflicts
between vehicles and pedestrians or bicyclists should be minimal with this area
of the resort being primarily condominium units.
F. Surface drainage systems shall be designed to prevent
adverse impacts on neighboring properties, streets or
surface and subsurface water quality.
FINDING: Surface water runoff from the buildings and parking areas will be into
the soil and vegetated areas adjacent to the developed areas. If any.injection
wells are used for drainage, they will require permits from the Oregon
Department of Environmental Quality. The proposed drainage to soil and
landscaped areas, as well as meeting any permit requirements of DEQ for
SP-05-65
Page 8
EXHIBIT Q
Page 8of15
injection wells, will prevent adverse impact to neighboring properties, streets and
water quality.
G. Areas, structures and facilities for storage, machinery and
equipment services (mail, refuse, utility wires and the like),
loading and parking and similar accessory structures shall be
designed, located and buffered or screened to minimize
adverse impacts on the site and neighboring properties.
FINDING: The proposed mechanical units and storage for garbage and deck
space will be buffered from view by location within the units and by structural
design. The applicant has stated that such areas and facilities are strictly
regulated through the resort's architectural review process. Staff finds that the
proposed design of the units will be designed to minimize adverse impacts on the
site and neighboring properties.
H. All aboveground utility installations shall be located to
minimize adverse visual impacts on the site and neighboring
properties.
FINDING: The applicant has indicated that all utility installations will be
underground.
L Specific criteria are outlined for each zone and.shall be a
required part of the site plan (e.g. lot setbacks, etc.)
FINDING: Specific zoning standards for the site have been addressed above.
J. All exterior lighting shall be shielded so that direct light does
not project off-site.
FINDING: According to the applicant, all exterior lighting will be in compliance
with Chapter 15.10 of the County Code, Outdoor Lighting Control. This will be
made a condition of approval.
b. Section 18.124.070. Required minimum standards.
B. Required landscape areas.
1. The following .landscape requirements are established for
multi-family, commercial and industrial developments,
subject to site plan approval:
a. A minimum of 15 percent of the lot area shall be
landscaped.
b. All areas subject to final site plan and not otherwise
improved shall be landscaped.
FINDING: For purposes of this review, the proposed project is considered to be
a mullti-family use. Landscaping will be installed on-three sides of each building
and is to be blended in with existing natural vegetation, and be similar in
appearance as the adjacent condominiums on Adventure Court. The adjacent
units are landscaped with decorative rock, shrubs, trees and some grass
SP-05-65
Page 9 EXHIBIT Q
Page 9of15
surrounding the units. According to the applicant, the condominium site consists
of approximately 1.17 acres. The proposed landscaping, in combination with the
existing natural ground cover in this area, will encompass more than 15 percent
of the condominium site, according to the applicant and demonstrated on the site
plan.
2. In addition to the requirement of DCC 18.124.070(B)(1)(a), the
following landscape requirements shall apply to parking and
loading areas:
a. A parking or loading area shall be required to be
improved with defined landscaped areas totalling no
less than 25 square feet per parking space.
b. In addition to the landscaping required by DCC
18.124.070(B)(2)(p), a parking or loading area shall be
separated from any lot line adjacent to a roadway by a
landscaped strip at least 10 feet in width, and from any
other lot line by a landscaped strip at least five feet in
width.
C. A landscaped strip...
FINDING: The proposed parking areas are for residential use, not a parking lot.
The landscaping standards under 2 above would not be applicable to the
proposed units.
5. Provisions shall be made for watering planting areas where
such care is required.
6. Required landscaping shall be continuously maintained and
kept alive and attractive.
FINDING: As a condition of approval, the applicant shall be required to
continuously maintain and keep alive and attractive all introduced landscaping on
the subject property.
C. Nonmotorized Access.
1. Bicycle Parking. The development shall provide the number
and type of bicycle parking facilities as required in DCC
18.116.031 and 18.116.035. The location and design of bicycle
parking facilities shall be indicated on the site plan.
FINDING: Bicycle parking is to be accommodated within the garages or under
the eaves of the units.
2. Pedestrian Access and Circulation.
a. Internal pedestrian circulation shall be provided in new
commercial, office and. multi-family residential
developments through the clustering of buildings,
construction of hard surface pedestrian walkways, and
similar techniques.
SP-05-65
Page 10
EXHIBIT Q
Page 10 of 15
b. Pedestrian walkways shall connect building entrances
to one another and from building entrances to public
streets and existing or planned transit facilities. On-
site walkways shall connect with walkways, sidewalks,
bikeways, and other pedestrian or bicycle connections
on adjacent properties planned or used for
commercial, multi-family, public or park use.
C. Walkways shall be at least 5 feet in paved
unobstructed width. Walkways which border parking
spaces shall be at least seven feet wide unless
concrete bumpers or curbing and landscaping or other
similar improvements are provided which prevent
parked vehicles from obstructing the walkway.
Walkways shall be as direct as possible.
d. Driveway crossings by walkways shall be minimized
Where the walkway system crosses driveways,
parking areas and loading areas, the walkway must be
clearly identifiable through the use of elevation
changes, speed bumps, a different paving material or
other similar method
e. To comply with the Americans with Disabilities Act,
the primary building entrance and any walkway that
connects to a transit stop to building entrances shall
have a maximum slope of five percent. Walkways up
to eight percent slope are permitted, but are treated as
ramps with special standards for railings and landings.
FINDING: The proposed buildings are condominium units, which are located
within the core area of the resort. They are clustered in this area, but are not
connected to each other. There are no planned or required transit facilities within
the resort. Pedestrians in this area can reach the other core amenities from the
proposed access road; this involves only a short walking distance.
4. Chapter 18.116. Supplemental Provisions.
a. Section 18.116.020 Clear Vision Areas.
A. In all zones, a clear vision area shall be maintained on the
corners of all property at the intersection of two streets or a
street and a railroad. A clear vision area shall contain no
planting, fence, wall, structure, or temporary or permanent
obstruction exceeding three and one-halt feet in height,
measured from the top of the curb, or, where no curb exists,
from the established street centerline grade, except that trees
exceeding this height may be located in this area provided all
branches and foliage are removed to a height of eight feet
above the grade.
FINDING: The submitted site plan shows the extension of Nicklaus Drive, which
will be the access road for the units. Clear vision areas must be maintained at
SP-05-65
Page 11 EXHIBIT Q
Page II of 15
the intersections of the individual driveways and Nicklaus Drive, and will be made
a condition of approval.
b. Section 18.116.030. Off Street Parking and Loading.
C. Off-Street Parking. Off-street parking spaces shall be provided and
maintained as set forth in DCC 18.116.030 for all uses in all zoning
districts. Such off-street parking spaces shall be provided at the
time a new building is hereafter erected or enlarged or the use of a
building existing on the effective date of DCC 18 is changed
D. Number of Spaces Required. Off-street parking shall be provided as
follows:
Multi-family dwelling containing 4 or more dwelling units:
1 bedroom - 1 space per dwelling unit
2 bedroom -1.5 spaces per dwelling unit
FINDING: The applicant indicates that 4 of the units are 1 bedroom units and 4
of them are 2 bedroom units for each building, which will require a total of 10
parking spaces for each 8-unit building. The site plan indicates there are 4
parking spaces within the two 2-car garages for each building, and at least 6
spaces in the driveways and courtyards for each building, meeting the above
parking spaces standard.
E. General Provisions - Off-Street Parking.
1. More Than One Use on One or More Parcels. In the event several
uses occupy a single structure or parcel of land, the total
requirement for off-street parking shall be the sum of requirements
of the several uses computed separately.
2. Joint Use of Facilities. The off-street parking requirements of two or
more uses, structures or parcels of land may be satisfied by the
same parking or loading space used jointly to the extent that it can
be shown by the owners or operators of the uses, structures or
parcels that their operations and parking needs do not overlap at
any point of time. if the uses, structures or parcels are under
separate ownership, the right to joint use of the parking space must
be evident by a deed, lease, contract or other appropriate written
document to establish the joint use.
3. Location of Parking Facilities. Off-street parking spaces for
dwellings shall be located on the same lot with the dwelling. Other
required parking spaces shall be located on the same parcel or
another parcel not farther than 500 feet from the building or use they
are intended to serve, measured in a straight line from the building
in a commercial or industrial zone. Such parking shall be located in
a safe and functional manner as determined during site plan
approval. The burden of proving the existence of such off-premise.
parking arrangements rests upon the applicant.
4. Use of Parking Facilities. Required parking space shall be available
for the parking of operable passenger automobiles of residents,
customers, patrons and employees only and shall not be used for
SP-05-65
Page 12 EXHIBIT Q
Page 12 of 15
the storage of vehicles or materials or for the parking of trucks used
in conducting the business or use.
FINDING: The parking for the units is all within or directly adjacent to the units.
F. Development and Maintenance Standards for Off-Street Parking
Areas. Every parcel of land hereafter used as a public or private
parking area, including commercial parking lots, shall be developed
as follows:
1. An off-street parking area for more than five vehicles shall be
effectively screened by a sight-obscuring fence.
2. Any lighting used to illuminate off-street parking areas shall be so
arranged that it will not project light rays directly upon any adjoining
property In a residential zone.
3. Groups of more than two parking spaces shall be located and
designed to prevent the need to back vehicles into a street or right
of way other than an alley.
4. Areas used for the standing and maneuvering of vehicles shall be
paved surfaces adequately maintained for all-weather use and so
drained as to contain any flow of water on the site. An exception
may be made to the paving requirements by the Planning Director or
Hearings Body upon finding that.,
5. Except for parking to serve residential uses, parking and loading
areas adjacent to residential uses shall be designed to minimize
disturbance of residents.
6. Access aisles shall be of sufficient width for all vehicular turning
and maneuvering.
7. Service drives to off-street parking areas shall be designed and
constructed to facilitate the flow of traffic, provide maximum safety
of egress and maximum safety of pedestrians and vehicular traffic
on the site. The number of service drives shall be limited to the
minimum that will accommodate and serve the traffic anticipated.
Service drives shall be clearly and permanently marked and defined
through the use of rails, fences, walls or other barriers or markers.
Service drives to drive-in establishments shall be designed to avoid
backing movements or other maneuvering within a street other than
an alley.
8. Service drives shall have a minimum vision clearance area formed
by the intersection of the driveway centerline, the street right of way
line and a straight line adjoining said lines through points 30 feet
from their intersection.
91 Parking spaces along the outer boundaries of a parking area shall
be contained by a curb or bumper rail placed to prevent a motor
vehicle from extending over an adjacent property line or a street
right of way.
SP-05-65 EXHIBIT
Page 13 Q
Page 13 of 15
FINDING: The parking for the dwelling units must all be paved. This will be
made a condition of approval. There are no areas on the site for 5 vehicle
parking spaces in one location, or groups of more than two parking spaces.
Lighting for the parking must meet the provisions of Chapter 15.08 of the County
Code. The parking will be accesssed from the road into the site and the
proposed driveways of the units. 'The access for the units will be of sufficient
width to allow vehicular turning and maneuvering. No service drives are
proposed for the units, and there are no outer boundaries for the parking areas.
C. Section 18.116.031, Bicycle parking
New development and any construction, renovation or alteration of an
existing use requiring site plan review under DCC Title 18 for which
planning approval is applied for after the effective date of Ordinance 93-005
shall comply with the provisions of DCC 18.116.031.
A. Number and Type of Bicycle Parking Spaces Required.
1. General Minimum Standard. All uses that require off-street
motor vehicle parking shall, except as specifically noted,
provide one bicycle parking space for every five required
motor vehicle parking spaces. Except as specifically set
forth herein, all such parking facilities shall include at least
two sheltered parking spaces or, where more than 10 bicycle
parking spaces are required, at least 50 percent of the bicycle
parking spaces shall be sheltered.
FINDING: The proposed condominium units have garages which can
accommodate bicycle parking. The above standard is met for each of the units.
V. CONCLUSION:
Based upon the above findings and the applicant's burden of proof statement, all
the relevant criteria and standards established for site plan review have been
satisfied by the applicant, or can be satisfied if the following conditions are met..
Other permits may be required. The applicant is responsible for obtaining the
necessary permits from the Deschutes County Building and/or Environmental
Health Divisions, and the Deschutes County Road Department, as well as any
required state and federal permits.
VI. DECISION:
APPROVAL
VII. CONDITIONS OF APPROVAL:
1. Approval of the site plan for the proposed condominium units is based on the
submitted burden of proof statement and site plan. Any substantial change to the
proposal will require a new site plan application.
SP-05-65
Page 14
EXHIBIT Q
Page 14 of 15
2. All exterior lighting for the project shall be installed in compliance with Chapter
15.10 of the County Code, Outdoor Lighting Control.
3. The applicant shall submit construction drawings to, and meet all requirements of
the Redmond Fire Department for fire protection for the dwelling units. The
applicant shall submit documentation to the Planning Division from the Redmond
Fire Department demonstrating compliance with all fire protection standards prior
to obtaining an occupancy permits for the units. Fire apparatus access roads
and water supply shall be installed and serviceable prior to commencing
combustible construction.
4. Clear vision areas shall be maintained at the intersection of Nicklaus Drive and
the driveways for the units.
5. All landscaping shall be watered, maintained and kept attactive.
6. All trees not needed to be removed for construction of the units, driveways and
accessways shall be preserved.
7. All parking areas shall be paved surfaces and have drainage into soil or
landscaped areas, or meet the Oregon Department of Environmental Quality
requirements for any injection wells.
8. Nicklaus Drive shall be extended to the end of both units, improved to the
required standard for roads within the resort. The road improvement shall
require approval from the County Road Department.
VIII. DURATION OF APPROVAL:
The applicant shall apply for building permits for the condominium units within
two years of the date this decision becomes final, or approval is obtained for an
extension under Section 22.36.010 of the County Code, or this approval shall be
void.
This decision becomes final twelve (12) days after the date of mailing, unless
appealed by a party of interest.
DESCHUTES COUNTY PLANNING DIVISION
P""X'g"azo
Written by: Paul Blikstad, Associate Planner
Reviewed by: Kevin M. Harrison, Principal Planner
PEB
Dated this 13th day of January, 2006
Mailed this 13th day of January, 2006
SP-05-65
Page 15 EXHIBIT Q
Page 15 of 15
EXHIBIT R
Cost Estimates
REVISED COST ESTIMATES FOR INTEGRATED DINING/MEETING FACILITIES
AND 150 VISITOR-ORIENTED LODGING OVERNIGHT KEYS
PROJECT
2002 CONSTRUCTION AND
FURNISHINGS COSTS
CURRENT
Dining / Meeting Facilities
[100% Completed]
50 Keys (25 Villas)
$3,437,500
50 Keys (25 Villas)
$3,437,500
50 Keys (25 Villas)
$3,437,500
Construction Cost Estimate:
$10,312,500
$11,688,290.63-
* 2006 adjustment for inflation
TYPE OF FINANCIAL
ASSURANCE
2002 FINANCIAL
ASSURANCE
CURRENT FINANCIAL
ASSURANCE
Funds in Escrow:
$7,400,000
$8,086,564.91**
Bonded Amount (110% of
2002 Construction Contract
Estimate After Subtraction of
$5,552,250
$5,552,250.00
Escrow Funds)
Total Financial Assurance:
$12,952,250
$13,638,814.91***
**Per the quarterly accounting statement provided by the County, the account has accrued $686,564.91 in
interest as of August 31, 2006.
***As demonstrated, the total of the Funds in Escrow plus the Bonded Amount exceeds the Construction
Cost Estimate adjusted for inflation by $1,950,524. We have subtracted the original cost estimate for the
dining and meeting facilities from the Construction Cost Estimate because the facilities are 100%
complete. In an effort to be conservative, we have used the Construction Cost Estimate for all 150
Overnight Lodging Units, although 32 Keys (16 Villas) have been constructed and are either occupied or
available for occupancy. In addition, 16 keys (8 Villas) are under construction.
EXHIBIT R
Page 1 of I
EXHIBIT S
Letter dated October 6, 2006
From Thomas A. Walker
920 SW Emkay, Suite C100
Bend, Oregon 97702-1041
541.388.4255
Fax 541.388.4229
October 6, 2006
Ms. Kristian L. Udvari
Ball Janik LLP
101 SW Maim. Street
Suite 1100
Portland, OR 97204
Re: Confirmation of Status of Pronghorn Improvements;
Overnight Lodging, Dining, and Meeting Facilities
Independent Verification of Revised Cost Estimate
Dear Kristin:
Per your request, this letter serves to confirm the status of the improvements at Pronghorn, and to
verify that the Marsh & Associates cost estimate, adjusted for inflation, remains sufficient.
I have reviewed the cost estimate for the subject facilities, attached to this letter as Exhibit 1.
The revisions to the estimate accurately reflect the increase in the cost of the project due to
standard inflation from 2005 to 2006. The appropriate formula from the Consumer Price Index
(CPI) has been employed to calculate the new cost estimate.
I have also reviewed the status of building permits and construction activity at the resort to
confirm the percentage of completion of the various facilities subject to the Improvement
Agreement. My review confirms that the first four overnight lodging buildings authorized by
SP-04-10 are 100% complete. The four buildings include 32 overnight units. The second phase
of overnight units, buildings 5 and 6, approved under SP-05-65, are under construction. Based
upon the construction completed to date and the current progress of work at the site, I concur that
it is reasonable to conclude that the structures will be complete and ready for occupancy by June,
2007.
In addition, my review also confirms that the "Camp Pronghorn" facilities, now referenced by
HDDC as "The Trailhead," are 100% complete. These facilities, authorized by SP-04-31,
includes dining facilities and meeting facilities to meet the remaining visitor-oriented
requirements of Title 18 of the County Code
High Desert Development Companies, LLC is proposing no change to the existing escrow funds
and bond for these facilities. Construction progress on required facilities far exceeds any
increase in costs due to standard inflation and the existing financial assurances therefore remain
adequate.
whpacific.com planners surveyors engineers landsc EXHIBIT S
Page 1 of 3
Please do not hesitate to contact me for additional information regarding the status of
improvements at the resort site.
Sincerely,
W&H Pacific, Inc.
Thomas A. Walker, P.E.
PAHix Rubenstein Companies\030121\Management\Transfm\Old WHP Folders\Office\Word\100606 TAW Ball Janik Letter redlined.DOC
EXHIBIT S
Page 2 of 3
REVISED COST ESTIMATES FOR INTEGRATED DINING/MEETING FACILITIES
AND 150 VISITOR-ORIENTED LODGING OVERNIGHT KEYS
PROJECT
2002 CONSTRUCTION AND
FURNISHINGS COSTS
CURRENT
Dining / Meeting Facilities
[100% Completed]
50 Keys (25 Villas)
$3,437,500
50 Keys (25 Villas)
$3,437,500
50 Keys (25 Villas)
$3,437,500
Construction Cost Estimate:
$10,312,500
$11,688,290.63*
* 2006 adjustment for inflation
TYPE OF FINANCIAL
ASSURANCE
2002 FINANCIAL
ASSURANCE
CURRENT FINANCIAL
ASSURANCE
Funds in Escrow:
$7,400,000
$8,086,564.91**
Bonded Amount (110% of
2002 Construction Contract
Estimate After Subtraction of
$5,552,250
$5,552,250.00
Escrow Funds)
Total Financial Assurance:
$12,952,250
$13,638,814.91***
**Per the quarterly accounting statement provided by the County, the account has accrued $686,564.91 in
interest as of August 31, 2006.
***As demonstrated, the total of the Funds in Escrow plus the Bonded Amount exceeds the Construction
Cost Estimate adjusted for inflation by $1,950,524. We have subtracted the original cost estimate for the
dining and meeting facilities from the Construction Cost Estimate because the facilities are 100%
complete. In an effort to be conservative, we have used the Construction Cost Estimate for all 150
Overnight Lodging Units, although 32 Keys (16 Villas) have been constructed and are either occupied or
available for occupancy. In addition, 16 keys (8 Villas) are under construction.
EXHIBIT 3
Page 3 of 3
