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2018-425-Minutes for Meeting August 22,2018 Recorded 10/15/2018YES BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Nancy Blankenship, County Clerk CJ2018-425 Commissioners' Journal 10/15/2018 4:40:17 PM 1111111111111111111111111111III FOR RECORDING STAMP ONLY WORK SESSION MINUTES 1:30 PM WEDNESDAY, August 22, 2018 ALLEN CONFERENCE ROOM Present were Commissioners Phil Henderson and Anthony DeBone. Commissioner Tammy Baney was absent. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. Several citizens and representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 1:30 p.m. ACTION ITEMS Decisions 1. Award of the MacArthur Foundation Innovation Fund Capstone Grant Kathleen Meehan Coop, District Attorney's Office presented the award of the grant. The funding will be used to hire an external evaluator. The Board is asked to approve/authorize acceptance of the grant award. HENDERSON: Move approval DEBONE: Second BOCC WORK SESSION AUGUST 22, 2018 PAGE 1 OF 3 VOTE: HENDERSON: Yes BAN EY: Absent, excused DEBONE: Chair votes yes. Motion Carried 2. Smith Rock State Park Master Plan Update and Discussion Road Department Director Chris Doty and Scott Brown, Smith Rock State Park Ranger presented an update on the master plan schedule for the Smith Rock State Park. There are concerns with parking and overflow and a shuttle service is being proposed. The project schedule and timeline was reviewed. A copy of the presentation is attached to the record. The Board expressed support of the proposal. 3. Caldera Springs Destination Resort LUBA Remand, 17800 Vandevert Road, Sunriver Anthony Raguine, Community Development Department presented this item to consider a land use board of appeals remand of a hearing's officer's decision to approve the expansion of the existing Caldera Springs Resort. The applicant is also proposing revisions to the approved conceptual master plan to respond to the issues on remand from LUBA to address COLW concerns regarding wildlife, and to modify conditions of approval. A public hearing on this matter is set for Wednesday August 29. OTHER ITEMS: • PILT LAWSUIT: County Administrator Anderson inquired if an update is needed. Commissioner Henderson is interested in a meeting with County Administrator Anderson to review. Commissioner DeBone is not opposed to the recommendation to opt in to the class action lawsuit. Commissioner Henderson also indicated support. BOCC WORK SESSION AUGUST 22, 2018 PAGE 2 OF 3 • County Administrator Anderson reported on next week's meeting schedules. • County Administrator Anderson reported he received staff position report from Health Services that will be coming for consideration. • Commissioner DeBone reported on his outreach with community groups for the concept of Harper Bridge safety improvements. Ajoint meeting with the Sunriver Owners Association will be scheduled. COMMISSIONER UPDATES: None reported EXECUTIVE SESSION: None scheduled ADJOURN Being no further items to come before the Board, the meeting was adjourned at 2:33 p.m. DATED this ( Day of Commissioners. ATTEST: ORDING SECRETARY BOCC WORK SESSION 2018 for the Deschutes County Board of ANTHONY DEBONE, CHAIR vL? PHILIP G. DERSON, VICE CHAR TAMMY BANEY, MISSIONER AUGUST 22, 2018 PAGE 3 OF 3 (E 0/F Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, WEDNESDAY, AUGUST 22, 2018 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend Work Session, which are open to the public, allow the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. CALL TO ORDER ACTION ITEMS 1. Award of the MacArthur Foundation Innovation Fund Capstone Grant - Kathleen Meehan Coop, District Attorney's Office 2. Smith Rock State Park Master Plan Update and Discussion - Chris Doty, Road Department Director 3. Caldera Springs Destination Resort LUBA Remand, 17800 Vandevert Road, Sunriver - Anthony Raguine, Senior Planner COMMISSIONER'S UPDATES EXECUTIVE SESSION At any time during the meeting an executive session could be called to address issues relating to ORS 192.5660(2)(e); real property negotiations; ORS 192.660(2)(h) litigation; ORS 192.660(2)(d), labor Board of Commissioners Work Session Agenda of 2 Wednesday, August 22, 2018 Page 1 negotiations; ORS 192.660(2)(b); personnel issues; or other executive session categories. Executive sessions are closed to the public; however ,with few exceptions and under specific guidelines, are open to the public. OTHER ITEMS These can be any items not included on the agenda that the Commissioners with to discuss as part of the meeting pursuant to ORS 192.640. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar Meeting dates and times are subject to change. If you have question, please call (541) 388-6572. Board of Commissioners Work Session Agenda of 2 Wednesday, August 22, 2018 Page 2 PLEASE RETURN TO BOCC SECRETARY PAGE # OF PAGES '• r- ------. ' :....\-: 1 ,,,-- -..'''' .,---- "--- "5 ,----- cs7 • - ' , () ---,- , -b,,,_:_,------c- ,.../.._, t.. c ';,b (>1' ...4.-:,.. r 5,_.... ?..., , . -1f3 a % Ca) '' ------ z (PLEASE PRINT) -— WORK SESSION Date: z4.144:4 '.-- i ? •t it .s--- .-., 3 ..„_..„,.„ - ---.. --,,, ----\, (-\ - r-\ N\ , C ...- ,,.• - ,\., 7 \ C , , ` ' \, --, -:.. ..,,, _ , ".., __k_.. , . . i 0 ,(1"1) ---7-- c7:\ AGENCY ) (': tv e, --- Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Work Session of 8/22/2018 DATE: 8/16/2018 FROM: Kathleen Meehan Coop DA's Office 541-317-3175 TITLE OF AGENDA ITEM: Consideration of Board Signature of acceptance of the MacArthur Foundation Innovation Fund Capstone grant award to contract with an external evaluator to access the impact of the Goldilocks Clean Slate program. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The goal of the Goldilocks initiative is to reduce recidivism rates for individuals suspected of PCS crimes by keeping them out of the criminal justice system and instead medical treatment more quickly. This grant award will allow us to hire an external evaluator to create a comprehensive evaluation plan and assessment tools that will allow us to determine the preliminary impact of the Clean Slate program on the program's participants, our partners, and the community. FISCAL IMPLICATIONS: The grant award is for $20,000 (August 2018 — July 2019), and will cover the costs associated with the contract to hire Danielle de Garcia to conduct the program evaluation. RECOMMENDATION & ACTION REQUESTED: We are requesting approval to accept the funding from the MacArthur Foundation by August 24, 2018. Award letter attached. ATTENDANCE: Kathleen Meehan Coop will attend the board meeting. DISTRIBUTION OF DOCUMENTS: Please send any documentation back to Kathleen Meehan Coop DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director, If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners, In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line, Date: 18/162018 Department: DA Contractor/Supplier/Consultant Name: Danielle de Garcia Contractor Contact: [dcdegarcia(tgmail.cotn1 ..................................................... #: [860-942-4250' Contractor Phone Type of Document: State whether this is an IGA, services agreement, grant, etc. Grant Goods and/or Services: Please be as complete as possible. Grant funding to support the hiring of an exteranl evaluator, Danielle de Garcia, to assess the impact of the Goldilocks Clean Slate program. Background & History: Grant application/Letter of Intent is attached. Agreement Starting Date: August 2018] } Annual Value or Total Payment: [$20,000; Ending Date: July, 201 9 Insurance Certificate Received (check box) Insurance Expiration Date: [_ _j Check all that apply: RFP, Solicitation or Bid Process Informal quotes (<$150K) Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? Yes ® No If No, has budget amendment been submitted? _ Yes ® No Is this a Grant Agreement providing revenue to the County? Special conditions attached to this grant: ® Yes U No Deadlines for reporting to the grantor: Award acceptance response is due by August 24, 2018. 8/16/2018 If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: Yes ® No Contact information for the person responsible for grant compliance: Name: Kathleen Meehan Coop, Management Analyst Phone #: -5413173175 Departmental Contact and Title: John Hummel, District Attorney Phone #: 541-388-6520 Department Director Approval: Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Please send documents to Kathleen Meehan Coop for distribution. Official Review: County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No, Legal Review Date Document Number 8/16/2018 SAFETY -+-JUSTICE CHALLENGE Supported by the John D. and Catherine T. MacArthur Foundation August 17, 2018 Deschutes County District Attorney's Office Attn: John Hummel, Deschutes County District Attorney 1164 NW Bond Street Bend, Oregon 97701 Dear District Attorney Hummel, INSTITUTE The John D. and Catherine T. MacArthur Foundation and the Urban Institute are pleased to inform you that your Innovation Fund Capstone proposal has been approved. We are excited to continue working with you to expand your prior Innovation Fund work and create a fairer, more effective local justice system with innovative, collaborative, and evidence -based solutions. To confirm receipt of this letter and to formally accept the Innovation Fund Capstone award, please e-mail Megan Russo (mrusso@urban.org) by August 24, 2018. Please note that funding is not guaranteed until the grant award has been signed by both parties. You can expect that after confirmation of the award, our team at the Urban Institute will be in touch to (1) review the scope and timeline of your intended project and (2) set up the exact terms and conditions of your award. If you are not the point of contact for program implementation around this work, please provide us with the contact information for the appropriate team member as soon as possible. We look forward to working with you on your Capstone project. Sincerely, Jesse Jannetta Project Director Senior Policy Fellow, Justice Policy Center Urban Institute 1 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of August 22, 2018 DATE: August 1, 2018 FROM: Chris Doty, Road Department, 541-322-7105 TITLE OF AGENDA ITEM: Smith Rock State Park Master Plan Update and Discussion RECOMMENDATION & ACTION REQUESTED: Discussion only, no motion proposed. ATTENDANCE: Scott Brown (Park Manager, Smith Rock State Park) and Steve Memminger (District Park Manager) from the Oregon Parks and Recreation Department; Chris Doty, Road Department. SUMMARY: Scott Brown and Steve Memminger will update the Board on the status of the ongoing Smith Rock Master Plan process and discuss the potential for off-site shuttle service to reduce the impact of road side parking on Wilcox Avenue and other county roads within the vicinity of the park. With the potential for off-site shuttle service, a new parking prohibition will be proposed and discussed. 0 ta Cn r� RPO Ncts cu 2 � O 0 aj O E .4141 C — 0 4) v U o� O ms c ca O 0. bAcu .0 i.� c c Q CV v = i urni • Ur 0 Ov'N U CO C0 Oo cti O. U aS ■ c 0. v U c U 0 c G1 0 m. `-cii cam v v 0.� ■ ■ cr Q a w Q 1—,cn 0 0 cr2 H 110 C lom 04) V tB a) "- 0 0 ■ ■. W Z J W 2 H W J 10W i 0 to Z Q -J CL CC W F- a Z cox Avenue • `.0 • .0 O o_ at V 0, o CL a) 4 CD CD •�. a� � > v 0 40-0 E N O C +.0 �C O tZ G) O O • it ,F.+19▪ > N ?++ j (I) 2 ■ 0 N 'RIPS AL' 0 0 0 CV O'— o 0-s•tac Wc rltf)-v N Z to c £ W ,e4 Z Oc CU 0= 9-+ (1) CD MOM (1)swa c vow=' c RS•� .,.r � to 4 tCj N .— V) v j a3 13 C M 2 ca ita W Z W Q X 0 0 J 00 Ti0 N rx a_ I 0 W W Z W > Q X 0 0 -J 04 ri 0 N o T-iO N ;J:tI]iIbt1� 0 O cC 1 2 cn REPO A Terrebonne NEXT STEPS 0 O c ca of Proposa BOCC Consideration i cu it a) a) E -a > .0,4 -a ._ a) o 2 a o oi .a 111110.. C V O 4 CO cts 4- O (/) 4-' `+- — .i O 00 O y © _ ar-1 E 0c 0 0 a) coNI 0 ,� D i cu a o CL ca a) ° a c n 0 O ' Q c o a) 3 (1) CUO 0 Ca MC C 0 it A al CD u. 0 M Cc)L 01 14 Et5 0 v to u- , .0 • . p_ .r... ac #'' 0 0p Smith Rock State Park A N •J-.7- - emrbridwlxobanal +.. Hall pier ped Welcome Center IR Hallo Plant Garden Na Outlet Trail mles Canyon Toil 16 Homestead Trail r 0,7 Paso Matde Tmil d Misery Ridge Moll Rim Rock Trail River Trail 22 Rape -de -Dope Trail 0.4 SumnljITmil b The (hme Wall Tree Troll • Misery Ridge Loop neuihle fadliry ® Restroom 07 �Shower ry 1.0 u Composting toilet 0.7 Q Fee station ®Informotton 22 ® prinking fountain y . 0.1 © Caution 1.2 OPRO trails 4.0 • USFS/BLM trolls Misery Ridge Loop Eosien ,oil m More difficult rail Man difficult trail Q Viewpoint ® Playground QPicnic area ta Picnic shelter El Rockclimbing Horseback riding Maumoin hiking 000 Elevation (Mei) 4 'x•0 dimandsinmtles 0.25 0.5 miles `! NEWllcae Avenue (Lambed Roadl Lmilode: 11.365891 Lanpilude: •171.137377 W Reminders: • Bicycles ore permitted on riverside trolls and on segments designated for horseback riding. • Park in designated ureas only. • Keep pets on a leash no longer ihon six feel. Pets must be under control at all times when nal confined to o vehicle. Clean up after your pet. • Bivouac Area: Quiet hours are between 10 p.m. and 7 a.m. Check-in lime: 4 p.m. Check-oul lime: 1 p.m. Smith Rock Master Plan -Schedule 2018 2019 2020 AprI May June Ju y Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May 1 Comment on Advisory (. Draft Concept Committe Publ c Open Plan Meeting and Comment Period fa• (House lai Comment Advisory on Draft Committe Concept Public . Open Plan Meeting House and _ CommentI 1.Ll Period �t Lo( 4.1:Approvals 7 I'M Jerry Winegar, Region Manager Chris Parkins, Ops Support Manger Steve Memminger, District Manager Scott Brown, Park Manager Robin Wilcox, Project Manager David Stipe, P -i -D Manger Scott Nebeker, PDD Manager CoreTeani (OPRD) Dave Slaght, Cove Palisades Ian Caldwell, Community Programs BridgetTinsley, Mtns Natural Resources Steve Jenevein, Archaeologist Vicki Moles, Interpretive Coordinator Paul Patton, Mtns Cultural Resources Scott Stewart, Mtns Engineering Julia Cogger, Landscape Architect Noel Bacheller, Botanist Vanessa Blackstone, Wildlife Access Fund Bureau of Land Management Bureau of Reclamation Burns PaiuteTribe Cascades East Transit Central Oregon Irrigation District Central Oregon Running Klub Central Oregon Slack Lining Central Oregon Trail Alliance Central Oregon Visitors Association City of Redmond Confederated Tribes of the Warm Springs Reservation Crook County Board of Commissioners Crooked River Watershed Council Deschutes Co Bicycle & Pedestrian Advisory Committee Deschutes Co Board of Commissioners Deschutes Co Community Development Dept Deschutes Co Parks & Recreation Dept Deschutes Co Road Dept Deschutes Co Sheriff's Office Deschutes Land Trust Jefferson County Board of Commissioners North Irrigation District Oregon Department of State Lands Oregon Department of Transportation Oregon Department of Fish &Wildlife OR Dept of Geology & Mineral Industries Oregon Equestrian Trails Oregon Recreation Trail Advisory Council Oregon Watershed Enhancement Board Ranch at the Canyons Redmond Chamber of Commerce Redmond Fire & Rescue Redmond School District Smith Rock Group Smith Rock Mobile Estates Statesman Timberline Mountain Guides US Forest Service - Deschutes US Forest Service - Ochoco & Grasslands US Dept of Fish & Wildlife Al Dertinger, Neighbor Draft Concept Plan Redmond, OR Portland, OR ® Draft Master Plan Redmond, OR Bend, OR (tentative) Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of August 22, 2018 DATE: August 16, 2018 FROM: Anthony Raguine, Community Development, 541-617-4739 TITLE OF AGENDA ITEM: Caldera Springs Destination Resort LUBA Remand, 17800 Vandevert Road, Sunriver RECOMMENDATION & ACTION REQUESTED: A public hearing is scheduled before the Deschutes County Board of Commissioners on August 29, 2018 to consider a Land Use Board of Appeals remand of a Hearings Officer's decision to approve the expansion of the existing Caldera Springs Resort. ATTENDANCE: Anthony Raguine, Senior Planner MEMORANDUM COMM'TY DEVELOP 'ENT DATE: August 16, 2018 TO: Deschutes County Board of Commissioners ("Board") FROM: Anthony Raguine, Senior Planner RE: Caldera Springs Destination Resort (247 -15 -000464 -CU, 247-18-000009-A) On April 15, 2016, the Deschutes County (the "County") Hearings Officer issued a final decision on the applicant's destination resort application, 247 -15 -000464 -CU Caldera Springs (the "County Decision"). The County Decision approved an expansion of the Caldera Springs Destination Resort (the "Resort"). Central Oregon LandWatch ("COLW") appealed the County Decision to the Oregon Land Use Board of Appeals ("LUBA"). On December 6, 2016, LUBA issued its Final Opinion and Order remanding the County Decision to the County for further findings and conclusions of law ("LUBA I"). The applicant appealed LUBA I to the Oregon Court of Appeals (the "Court"), and COLW filed a cross-appeal of LUBA I. The Court reversed and remanded LUBA I on May 3, 2017. On July 12, 2017, LUBA issued a Final Opinion and Order on remand ("LUBA II") from the Court, remanded the decision back to the County, and instructed the County to determine whether the existing Caldera Springs "Lock Off' units can qualify as "separate" units for purposes of the definition of "Overnight Lodging Units." Additionally, under LUBA I, on remand, the County must determine whether the expansion area will be operated and situated in a manner that is integral to the existing Caldera Springs Destination Resort. On December 21, 2017, the applicant formally requested that the County initiate remand proceedings and informed the County that the applicant and COLW were in settlement negotiations regarding a modified CMP and supplemental application to address the issues set forth in LUBA II. The applicant requested that the County agree to a mediated settlement. Between December 21, 2017 and July 11, 2018, the applicant, COLW and the County have met to discuss the remand application, consistent with the mediation provisions of ORS 215.435. As a result of the mediation, the applicant and COLW have entered into a settlement agreement regarding the scope of this remand application. 247 -15 -000464 -CU, 247-18-000009-A Page 1 As described the application materials (Exhibit A), the applicant proposes revisions to the approved Conceptual Master Plan (Exhibit B) to respond to the issues on remand from LUBA, to address COLW's concerns regarding wildlife, and to modify conditions of approval. A public hearing is scheduled for Wednesday, August 29, 2019, for the Board to consider the remand application. EXHIBITS A. Caldera Springs Application B. Approved CMP Map 247 -15 -000464 -CU, 247-18-000009-A Page 2 EXHIBIT A Caldera Springs Expansion Application Materials BLANK PAGE Burden of Proof Statement Expansion of Caldera Springs Destination Resort Supplemental Remand Narrative I. Applicant Information and Property Description Applicant/Owner: Pine Forest Development, LLC c/o Sunriver Resort Limited Partnership P.O. Box 3589, Sunriver, OR 97707, Attn: Steve Runner Agent/Engineer: DOWL, 963 SW Simpson Ave, Suite 200, Bend, Oregon 99702, Attn: Ron Hand Parametrix, 595 SW Bluff Dr, Suite B, Bend, Oregon 97702, Attn: Jim Frost Kittelson & Associates, 354 SW Upper Terrace Dr #101, Bend, Oregon 97702, Attn: Matt Kittelson Applicant's Representative: Radler White Parks & Alexander, LLP, PO Box 2007, Bend, Oregon 97709, Attn: Steve Hultberg I. Introduction On April 15, 2016, the Deschutes County (the "County") Hearings Officer issued a final decision on the Applicant's destination resort application, 247 -15 -000464 -CU Caldera Springs (the "County Decision"). The County Decision approved an expansion of the Caldera Springs Destination Resort (the "Resort"). Central Oregon LandWatch ("COLW") appealed the County Decision to the Oregon Land Use Board of Appeals ("LUBA"). On December 6, 2016, LUBA issued its Final Opinion and Order remanding the County Decision to the County for further findings and conclusions of law ("LUBA 1"). The Applicant appealed LUBA I to the Oregon Court of Appeals (the "Court"), and COLW filed a cross-appeal of LUBA 1. The Court reversed and remanded LUBA 1 on May 3, 2017. On July 12, 2017, LUBA issued a Final Opinion and Order on remand ("LUBA II") from the Court, remanded the decision back to the County and instructed the County to determine whether the existing Caldera Springs "Lock Off" units can qualify as "separate" units for purposes of the definition of "Overnight Lodging Units." Additionally, under LUBA I, on remand, the County must determine whether the expansion area subject to the Application (the "Annexation Area") will be operated and situated in a manner that is integral to the existing Caldera Springs Destination Resort. On December 21, 2017, the Applicant formally requested that the County initiate remand proceedings and informed the County the that Applicant and COLW were in settlement negotiations regarding a modified CMP and supplemental application to address the issues set forth in LUBA II. The Applicant requested that the County agree to a mediated settlement. Between December 21, 2017 and the effective date of this submittal, the Applicant, COLW and the County have met to discuss the remand application, consistent with the mediation provisions of ORS 215.435. As a result of the mediation, the Applicant and COLW have entered into a settlement agreement governing the scope of this supplemental remand application. As described in greater detail below, the Applicant proposes the following revisions to the approved Conceptual Master Plan ("Approved CMP") to respond to the issues on remand from LUBA and to address COLW's concerns regarding wildlife: [00803709;2) Caldera Springs Annexation Remand Supplemental Narrative—Page 1 1. Modification of Wildlife Mitigation Tract: As shown on Exhibit A (the "Revised CMP"), the Applicant has relocated the Wildlife Mitigation Tract from a North/South orientation along the railroad tracks to and East/West orientation along Vandevert Road. The Wildlife Mitigation Tract is approximately 221 acres in size. The Wildlife Mitigation Tract in the Revised CMP is approximately 95 acres larger than was proposed in the Approved CMP. The 95 -acre enlargement is due to a corresponding reduction in open space from the Approved CMP, resulting a slightly greater combined acreage of open space and wildlife mitigation. 2. Overnight Lodging Units: The Approved CMP relied, in part, on existing Overnight Lodging Units ("OLU's") constructed in Caldera Springs to meet the 2.5:1 ratio required by local and state law. The Approved CMP included a total of 490 residential units, including 395 single family units and 95 OLUs. The Revised CMP includes the same overall unit count (490), but alters the ratio of single family units to OLUs. The Revised CMP will include a maximum of 340 single family units and a maximum of 150 OLUs. The Applicant will maintain a ratio of 2.3:1 of single family units to OLUs at all times in the Annexation Area. Assuming full buildout, Caldera Springs and the Annexation Area will include a total of 346 OLUs (196 existing OLUs in Caldera Springs, and 150 proposed OLUs in the Annexation Area) and 660 single family units. Although referred to as "single family units" the Applicant may elect to develop townhome, condominium or other non -deed restricted units in the Annexation Area, at all times conforming to the 340 unit total. OLUs may be located within the central resort core area, as well as throughout the remainder of the Annexation Area, depending on the type of OLU proposed. 3. Overnight Lodging Unit Format: The Approved CMP anticipated that the Applicant would utilize "lock -off" units in the Annexation Area similar to those in Caldera Springs, but left open the possibility of utilizing other forms of development to meet the OLU obligation. The Revised CMP will not include any internally connected lock -off units. The Applicant proposes to use a combination of different types of units which each will qualify as OLUs under LUBA II including, but not limited to, (i) duplex units, each of which includes full cooking, bathing and sleeping areas, (ii) single-family residential units and auxiliary dwelling units located on a single lot, with the option of classifying one or both units on the lot as OLUs; (iii) single-family residential units with separately rentable attached and detached suites; (iv) lodge units, which would qualify as "hotel" units under the Destination Resort Statute; (v) small houses/condominium units on individual lots or developed in a multi -family style development; and (vi) a combination of any or all of the above. 4. Conditions of Approval: As part of the Revised CMP, the Applicant seeks to modify several conditions of approval, and add conditions of approval as required by the settlement agreement with COLW. a. Condition No. 2 of the Approved CMP required that the access road to Vandevert Road be limited to "gated emergency -only access." While there was discussion of this condition, the transportation study and the transportation -related approval criteria did not warrant this condition. As discussed below, the Applicant has proposed a modified condition of approval recommended by Kittelson and Associates, the Applicant's transportation engineer. b. Condition No. 18 requires the Applicant to comply with the Wildlife Report prepared for the resort. The Wildlife Report includes an inadvertent restriction imposing a 100 -foot setback from all common areas. Although this restriction is not expressly set forth as a condition of approval (and in fact is inconsistent with the setbacks imposed by the Approved CMP), for purposes of clarity, the Applicant {00803709;21 Caldera Springs Annexation Remand Supplemental Narrative—Page 2 has submitted as supplemental memorandum from the Applicant's wildlife expert stating that the 100 - foot setback was included in the Wildlife Report in error. c. Additional conditions. Exhibit B includes a list of requested conditions of approval (the "New Conditions") that the Applicant believes would be appropriate to protect the revised Wildlife Mitigation Tract and to comply with the terms of the settlement agreement with COLW. The Applicant confirms that it will accept and will not object to the New Conditions. 5. Integral to the Resort: DCC 18.113.025(B) requires the County to find that expansion areas adjacent to existing resorts be "situated and managed in a manner that it will be integral to the remainder of the resort." Under LUBA I, the board found that the hearings officer failed to make specific findings on this requirement and remanded the issue to the County to make additional findings and conclusions of law. As set forth in greater detail below, the Applicant has provided evidence and proposed findings responding to the issues raised in LUBA I. 6. Consistency with Approved CMP: In connection with the Revised CMP, the Applicant is submitting with this narrative supplemental memoranda demonstrating that the conversion of single family units to OLUs, while maintaining the same overall unit count (490) does not materially affect any other aspect of the application and that the conclusions set forth in the original studies remain sound. The following are included in this application: a. Supplemental TIA Memorandum (Exhibit C) concluding that the conversion of single family units to OLUs does not affect the original transportation analysis or result in any adverse impact to transportation facilities. b. Supplemental Wildlife Report (Exhibit D), concluding that the relocation of the Wildlife Mitigation Tract in an East/West orientation will still permit the County to conclude that the Applicant has mitigated wildlife impacts so that there "is no net Toss or net degradation of the resource" under DCC 18.113.070(D). find that the resort will not result in any net loss of wildlife habitat. c. Supplemental Sewage Collection and Water Systems Master Plan Memorandum, (Exhibit E), concluding that the Revised CMP will result in no greater impacts to the sewer and water systems proposed for the Resort than were identified in the original 2015 Master Plan submitted in connection with the original application. {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 3 II. Supplemental Narrative A. Modification of Wildlife Mitigation Tract: The Applicant has relocated the Wildlife Mitigation Tract from a North/South orientation along the railroad tracks to and East/West orientation along Vandevert Road. The Wildlife Mitigation Tract is approximately 221 acres in size. The relocated Wildlife Mitigation Tract has been situated to provide direct connectivity to a newly proposed wildlife underpass under Highway 97 immediately east of the subject property. The primary purpose of establishing the Wildlife Mitigation Tract in the Approved CMP was to provide wildlife habitat and a travel corridor for mule deer and other species. In particular, the Wildlife Mitigation Tract and the associated habitat improvements within the tract were intended to partially off -set impacts to wildlife habitat caused by development of the Resort on the subject property. DCC 18.113.070(D) requires the Applicant to demonstrate that "[a]ny negative impact on fish and wildlife resources will be completely mitigated so that there is no net Toss or net degradation of the resource." The original application included the Wildlife Habitat Evaluation Procedure and Mitigation Plan for the Caldera Springs Annexation Development (the "Wildlife Report"). The Wildlife Report was prepared by Wendy Wente of Mason, Bruce and Girard, with extensive consultation with the Oregon Department of Fish and Wildlife ("ODFW"). The recommendations of ODFW were incorporated into the Wildlife Report. The Wildlife Report accomplished two primary goals. First, it described and evaluated the habitat and wildlife resources on the property and immediate vicinity. Second, through an extensive Habitat Evaluation Procedure ("HEP Analysis") it characterized the floral and faunal constituents of each habitat type, as well as topography, aspect, and other habitat elements. The HEP Analysis described the salient characteristics of each habitat type, such as vegetative components, structure, age class distribution, landscape position, topography, elevation, hydrologic regime, and management history of the property. The HEP Analysis results include the pre -development wildlife habitat conditions, anticipated post - development conditions, and proposed enhancements and mitigation measures intended to offset anticipated reductions of habitat quality due to the project. Proposed mitigation included the 125 -acre Wildlife Mitigation Tract. The HEP Analysis concluded that, with the mitigation measures proposed by the Applicant, the Applicant had mitigated all negative impacts on fish and wildlife resources , resulting in no net loss or net degradation of the resource. The Supplemental Wildlife Report, again prepared by Dr. Wendy Wente, evaluated the Revised CMP, and in particular, the relocated and expanded Wildlife Mitigation Tract. As set forth in the Supplemental Wildlife Report, Dr. Wente again concludes that "the proposed development continues to meet the requirement set forth in the Deschutes County Code that any negative impact on fish and wildlife resources will be completely mitigated so there is no net loss or net degradation of the resource." Dr. Wente also concludes that the relocated Wildlife Mitigation Tract is preferable to the original because it preserves a mitigation area that is at least 1,425 feet wide along the entire southern extent of the proposed development. This area will not only continue to support resident wildlife, but it will also serve as an east -west movement corridor for mule deer; a primary concern voiced ODFW during development of the original Wildlife Report. Based on Dr. Wente's Supplemental Wildlife Report, the County can again conclude that the Applicant's proposal satisfies the approval standard of DCC 18.113.070(D), which requires the Applicant to demonstrate that "[a]ny negative impact on fish and wildlife resources will be completely mitigated so that there is no net loss or net degradation of the resource." {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 4 B. Number Overnight Lodging Units: The Approved CMP relied, in part, on existing OLUs constructed in Caldera Springs to meet the 2.5:1 ratio required by local and state law. The Revised CMP proposes a maximum of 150 OLUs in the Annexation Area and does not rely on any previously constructed OLUs to meet the 2.5:1 ratio within the Annexation Area. That said, as discussed below under Section C, because the Applicant seeks approval for an expansion of Caldera Springs under DCC 18.113.025(B), the Applicant will need to demonstrate that the existing 196 OLUs in Caldera Springs qualify as "Overnight Lodging Units" under LUBA II. At full buildout of the Resort, the overall Resort will include a maximum of 700 single family units and maximum of 346 OLUs (150 OLUs in Annexation Area, and 196 existing OLUs in Caldera Springs). C. OLU Compliance with LUBA II: On remand from the Court, LUBA held that the evidentiary record before LUBA and the Court was not sufficient for the County to conclude that the existing OLUs in Caldera Springs qualified as "separate rentable units." LUBA II, slip op 8. LUBA, however, expressly did not conclude that the existing OLUs cannot qualify as "separate rentable units" holding, in part: "The Court of Appeals, with the benefit of legislative history regarding the statues, was unwilling to go so far as to say the overnight rental units defined ORS 197.435(5)(b) and required by ORS 197.445(4) cannot be lock -off rooms in a single-family vacation residence. We therefore are unwilling to adopt that reading of the statutes as well." LUBA II, slip op 12. Both LUBA and the Court held that for the County to determine that the existing OLUs qualify as "separate rentable units" under ORS 197.435(5)(b) individually -owned units "must be, as a factual matter, an accommodation that is both its own 'separate unit that is rentable separately from other units." Central Oregon Landwatch v. Deschutes County, 285 Or App 267, 294 (2017). The Court went on to clarify that "there must be evidence that the unit is in fact separate and rentable separately from other units; it is not enough that the unit is theoretically separate and separately rentable[.]" Id. The evidentiary record before LUBA and the Court was admittedly lacking evidentiary support demonstrating how the existing OLUs meet the "separate" and "separately rentable" requirements of the statute. The following narrative and associated exhibits demonstrate that the existing Caldera Springs OLUs meet the test set forth by LUBA and the Court. 1. Use of Lock -Off Units in Goal 8 and Non -Goal 8 Resorts. Lock -off units have been used for nearly 50 years in Oregon to meet overnight accommodation needs. Black Butte Ranch and Sunriver Resort—both of which the Goal 8 Destination Resort rules were modeled upon, use lock -off units. Similarly, Mount Bachelor Village, a non -Goal 8 resort, uses lock -off units to satisfy its overnight accommodation needs. In each instance, lock -off rooms may be rented separately or combined with the adjoining condominium unit or additional lock -off rooms to meet a particular guest's needs. Exhibit F includes excerpts from the resorts' websites showing the layout of the lock -off unit and briefly describe the amenities and their ability to be combined with adjoining units. Caldera Springs lock -off units were modeled after these long-standing resort accommodations. 2. Goal 8 Resort Use of Lock -Off Units. Goal 8 resorts throughout the region utilize lock -off units. For example, Tetherow and Brasada Ranch both use lock -off units to satisfy their overnight accommodation requirements. Exhibit G provides examples of the similar cabin -style units, together with a brief description of the lock -off units and their associated amenities. 3. Caldera Springs Lock -Off Units. Under LUBA II, the Applicant must demonstrate, and the County must conclude, that the existing lock -off units at Caldera Springs are both a "separate unit" that is also "separately rentable." In terms of the OLUs being "separate units" the Court explained that it is a {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 5 "factual determination of whether the rentable unit is actually a separate unit. Further, we note that 'separate' means 'not shared with another: INDIVIDUAL, SINGLE' or 'existing by itself: AUTONOMOUS, INDEPENDENT." LUBA II, slip op 8. The existing OLU's meet this initial test. First, each OLU has a separate outside entrance so that an individual guest may enter the unit "separate" from the remainder of the house. Each unit has a separate key, unique to the unit so that only the registered guest may open a locked door. Thus, even if the remainder of the cabin was rented by one or more unrelated guests, a guest renting an individual unit could enter and exit a unit without any contact with any other guests. Similarly, because each unit is separately keyed like a hotel or motel room, no other guest staying in the structure may enter into another guest's quarters. The separate entrance for each unit has its own individual unit number (e.g., 24-C), clearly identifying the unit as separate from other attached units. Parking spaces for each OLU are provided and used in common with other guests adjacent to each structure. Each unit has a separate, private bathroom, much like a hotel or motel room. Each unit has a separate, individual sleeping area, with a variety of sleeping options. Some units have king beds, some have queen beds and some have bunk beds. Thus, units are capable of serving a minimum of one to two guests, and up to four guests in a bunk or queen unit. Each unit has a television, cable television, allowing guests to relax in their unit separate from other guests. Each unit, therefore, is "not shared with another" and "exists by itself" independent from other units in the same structure. There is no functional or practical difference between two adjoining OLUs and two adjoining hotel rooms. Both units are separate from adjoining units in the sense that they are independent and include all of the required elements of a transient accommodation or a "sleeping unit" as defined by the Oregon Structural Specialty Code: "A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities, but not both." Clearly, if a hotel room qualifies under ORS 197.445(4)(b) as a "separate rentable unit" then so too do the existing Caldera Springs OLU's which share the exact same features as a hotel or motel room. In any instance where a structure is occupied by separate guests, similar to an adjoining hotel room, there are interior doors which effectively separate the various OLUs to permit guests to maintain their privacy in their own OLU. In such instances there are no physical connections between the units or other interaction between guests while they are in their own unit. Each OLU operates independent of the other units in a manner exactly the same as adjoining hotel rooms. In its decision, the Court erroneously concluded that "the lock -off rooms are not part of an establishment that provides services or hospitality associated with hotels or motels. That is, a 'hotel' is a 'building of many rooms chiefly for overnight accommodation of transients and several floors served by elevators' that includes features such as a lobby, meeting rooms, restaurants, and personal services. A 'motel' is an 'establishment which provides lodging and parking and in which the rooms are usually accessible from an outdoor parking area.' The Caldera Cabins, which are single-family residences, do not offer the amenities or services of a commercial, overnight - lodging establishment." The Court's assessment does not reflect the factual situation at Caldera Springs. As a starting point, the Caldera Springs OLU's are located centrally in the Caldera Springs resort core, situated around a series of recreational lakes, adjacent to tennis courts, golf links, a pool, restaurant, meeting rooms and fitness center—all typical and required features for a destination resort. These features are adjacent to and within a short walking distance from the OLUs. Exhibit H identifies the resort amenities available to Caldera Springs registered guests, including complimentary access to (1) the Quarry Pool, (2) tennis and pickle ball, (3) cruiser bikes and watercraft, (4) Caldera Links, (5) Sage Springs Spa and many other {00803709;21 Caldera Springs Annexation Remand Supplemental Narrative—Page 6 features. Guests also have 24/7 resort concierge services, complimentary shuttle services and housecleaning services. While the cabins are not located in a multi -floor building served by elevators, the resort amenities available to Caldera Springs guests exceed those typically found in a hotel, and include the Lakehouse (lobby & meeting rooms), Zeppa Bistro (restaurant), Quarry Pool (recreation facility), Quarry Fitness Center (personal services). In comparison to a "motel" the Caldera Springs OLU's easily qualify as an "establishment which provides lodging and parking and in which the rooms are usually accessible from an outdoor parking area." As described in detail above and in the attached exhibits, each OLU structure includes an outdoor parking area with direct outdoor, private access to each OLU. Both LUBA and the Court appeared to believe that the provision of lock -off units somehow reduced the number of actual overnight lodging units available to the public. See, e.g., 285 Or App 294. As discussed above, there is no practical difference between a hotel or motel room and a lock -off unit. A hotel or motel that provides 196 "sleeping areas" as defined by the OSSC provides the exact same number of "sleeping areas" as are provided in the 45 Caldera Cabins. Similar in every respect to a hotel or motel room which provide a variety of sleeping arrangements (e.g., king bed, queens, sleeper sofas), the Caldera OLUs include a variety of sleeping options designed to serve the needs of a particular guest. Consequently, a 196 -room motel would serve the exact same number of guests as do the 45 cabins with 196 separate OLUs. There is simply no basis (or logic) to conclude that somehow the 196 OLUs at Caldera Springs would attract fewer guests than would a 196 -room motel. In fact, the opposite is true. The record includes testimony from the Managing Director of Sunriver Resort which concludes that the target guest for Caldera Springs is a family, an extended family or a group of friends. Given the choice between renting 5 motel rooms with no ability to interact with their family members or renting five OLUs with the ability to connect with their family members or friends, the target guest at Caldera Springs will choose the latter. There is no evidentiary support to conclude that a 196 -room motel would further the legislative policy of attracting visitors more than do the existing OLUs. Both LUBA and the Court also expressed concerns that the record did not include evidence that the OLUs were rented separately. That said, neither LUBA nor the Court required the Applicant to demonstrate that that individual OLUs have been rented separately. LUBA concluded that "the evidentiary record must establish that the lock -off rooms are in fact separate rentable units for overnight lodging." LUBA II, slip op 11. Exhibit I is a spreadsheet identifying instances where Caldera OLUs have been rented separately from each other. "Master Reservations" are instances where the entire Caldera cabin is rented through a corporate, golf package, reunion or other group. The guests in the cabin, however, has their own unique reservation number and charging privileges. For example, if a large corporate group were to rent all 45 cabins as part of a group retreat for 196 of its employees, the company would hold the master reservation, but each employee would have their own unique reservation number, OLU, and charging privileges associated with their unique suite. Similarly, in a family reunion setting, one family member may reserve several cabins, but each family member would have their own unique reservation number, their OLU accommodation and charging privileges. Over the past 7 years, shared reservations have accounted for an average of 15% of all stays, with a range of 4% to 30%. Whether a single guest reserves all 196 OLUs or whether 196 separate guests book the OLUs, the same number of guests can be accommodated in the existing Caldera Springs overnight units. In addition to this historic evidence, Exhibit J is a printout from the Caldera Springs website which demonstrates that the individual OLUs may be rented in any combination desired by a guest. If a guest needs one OLU, they can rent one OLU. If they would like two OLUs or the entire suite of OLUs in a cabin, they are free to rent accordingly. In addition, Exhibit K is an affidavit from Sunriver Resort which {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 7 demonstrates that the 156 OLUs managed by the Sunriver Resort are individually rentable through the central reservation service established by Sunriver Resort for Caldera Springs. D. Conditions of Approval: As part of the Revised CMP, the Applicant seeks to modify several conditions of approval, and add conditions of approval as required by the settlement agreement with COLW. 1. Condition No. 2 of the Approved CMP required that the access road to Vandevert Road be limited to "gated emergency -only access." While there was discussion of this condition, the transportation study and the transportation -related approval criteria did not warrant this condition. Attached as Exhibit C is a supplemental memorandum from Kittelson and Associates which demonstrates that the Hearings Officer's condition of approval was inconsistent with the Kittelson analysis. Therefore, there is no evidentiary support in the record to substantiate the imposition of Condition No. 2. As recommended by Kittelson, the Vandevert access road should be a full access road, and not limited solely to construction related traffic. That said, based on negotiations with COLW, the Applicant proposes the following condition of approval to replace Condition No. 2: Condition No. 2: The access road through the Wildlife Mitigation Tract shall be designated as a homeowner access road, limited to homeowner and construction traffic only. No gatehouse or guest station shall be permitted at the access point. Appropriate signage shall be installed directing Resort guests and visitors to the main resort entrance on South Century Drive. a. Gates shall be installed and maintained as reasonably practical at Vandevert Road on the south terminus of the road and at the interior location set forth on the Site Plan. The gates shall be closed and operable by a key card, vehicle transponders or other similar equipment 24 hours per day. b. The access road shall be designed in a manner to reduce speeds (including one or more of the following features: sinuous alignment, bulb outs, traffic calming features) and shall be posted with a 20 MPH limit and identified as a wildlife corridor. c. Educational signage shall be placed in an appropriate location at the boundary of the Wildlife Mitigation Tract identifying the area as such, and explaining the need not to disturb habitat or species within the Wildlife Mitigation Tract. 2. Condition No. 18 requires the Applicant to comply with the Wildlife Report prepared for the resort. The Wildlife Report includes an inadvertent restriction imposing a 100 -foot setback from all common areas. Although this restriction is not expressly set forth as a condition of approval (and in fact is inconsistent with the setbacks imposed by the Approved CMP), for purposes of clarity, the Applicant has submitted as supplemental memorandum from the Applicant's wildlife expert stating that the 100 - foot setback was included in the Wildlife Report in error. The Applicant proposes the following condition of approval to replace Condition No. 2: Condition No. 18: The resort shall comply with the approved Wildlife Report, as supplemented by the June 19, 2018 supplemental wildlife memorandum. To the extent there is a conflict between the two, the June 19, 2018 supplemental memorandum shall control. 3. Additional conditions. Exhibit B includes a list of requested conditions of approval (the "New Conditions") that the Applicant believes would be appropriate to protect the revised Wildlife [00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 8 Mitigation Tract and to comply with the terms of the settlement agreement with COLW. The Applicant confirms that it will accept and will not object to the New Conditions. E. Integral to the Resort: DCC 18.113.025(B) requires the County to find that expansion areas adjacent to existing resorts be "situated and managed in a manner that it will be integral to the remainder of the resort." Under LUBA I, the board found that the hearings officer failed to make specific findings on this requirement and remanded the issue to the County to make additional findings and conclusions of law. The Annexation Area of Caldera Springs will be operated entirely in conjunction with the operation of the existing resort. In fact, both areas will comprise a single, unified resort, with existing and new amenities available to residents and guests of the entire resort. A guest can elect to golf at the existing Caldera Links and then recreate, eat or relax in the new resort core area proposed for the Annexation Area. Similarly, guests and residents can utilize trails in both areas as a part of their experience. In terms of residents, the Annexation Area will be subject to the same overall CC&Rs that currently govern Caldera Springs. Residents too may elect to utilize recreational features in both areas. Management of the visitor oriented accommodations (e.g., pools, restaurants, meeting areas) will be handled by the same management company. In many ways, the Annexation Area and the existing resort are mirror images of each other, with the entire resort operated as a single, unitary resort. Like Sunriver Resort, which has facilities spread throughout the Sunriver community, Caldera Springs' facilities are situated throughout the entire resort, but operated by one entity. Given that the recreation facilities and Visitor Oriented Accommodations will be located within a single resort area, with connecting roads, paths and open space areas, the County can find that the resort is "situated" in a manner that is integral to the remainder of the resort. Similarly, given that the Annexation Area, and the Visitor Oriented Accommodations will be managed by the same entity and that the residences will all be subject to the same CC&Rs, the County can find that the Annexation Area will be "managed" in a manner that is integral to the resort. 111. Conclusion For the reasons set forth above, the Applicant requests that the Board of County Commissioners approve the Applicant's request on remand. {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 9 Exhibit List A. Revised CMP Map B. Revised Conditions of Approval C. Supplemental Transportation Memorandum D. Supplemental Wildlife Report E. Supplemental Sewer and Water Analysis F. Overnight Lodging Website Excerpts G. Goal 8 Resort Lock -Off Examples H. Caldera Springs Resort Amenities Caldera Springs Shared Reservations J. Caldera Springs Overnight Rental Availability K. Sunriver Resort Affidavit {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 10 EXHIBIT A Revised CMP Map (Attached Separately) {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 11 EIEE '0'45 EXHIBIT B REVISED CONDITIONS OF APPROVAL Wildlife Mitigation 1) Uses in Wildlife Mitigation Tract: The only uses permitted within the Wildlife Mitigation Tract shall be the access road depicted on the Site Plan and soft walking/hiking paths, as generally depicted on the Site Plan. a) Recreation: To offset potential disturbance -or disruption -related indirect effects of humans, the Wildlife Mitigation Tract will not include the use of any bicycle, mountain bike or other mechanical vehicles, except as may be reasonably required for wildfire and wildlife treatments within the Wildlife Mitigation Tracts as contemplated by the wildfire and wildlife reports adopted as part of the Revised CMP. b) Dogs: The CC&Rs for the Resort shall specifically include a requirement that no off -leash dogs shall be permitted in the Resort, unless located within a fenced dog park located within the Resort, but outside the Wildlife Mitigation Tract. c) Access Road Operation: The access road through the Wildlife Mitigation Tract shall be designated as a homeowner access road, limited to homeowner and construction traffic only. The access road as depicted on the Site Plan shall be relocated west to be within or immediately adjacent to the powerline easement. No gatehouse or guest station shall be permitted at the access point. Appropriate signage shall be installed directing Resort guests and visitors to the main resort entrance on South Century Drive. i) Gates shall be installed and maintained as reasonably practical at Vandevert Road on the south terminus of the road and at the interior location set forth on the Site Plan. The gates shall be closed and operable by a key card, vehicle transponders or other similar equipment 24 hours per day. ii) The access road shall be designed in a manner to reduce speeds (including one or more of the following features: sinuous alignment, bulb outs, traffic calming features) and shall be posted with a 20 MPH limit and identified as a wildlife corridor. iii) Educational signage shall be placed in an appropriate location at the boundary of the Wildlife Mitigation Tract identifying the area as such, and explaining the need not to disturb habitat or species within the Wildlife Mitigation Tract. 2) Structures: No structures other than the access road, gates and proposed walking trails as shown on the Site Plan shall be permitted in the Wildlife Mitigation Tract. 3) Management in the Wildlife Mitigation Tract: Consistent with the wildlife management report prepared for the Resort, the following management measures shall be implemented: a) Rock Outcrops: Rock outcrops and piles provide unique habitat qualities and serve as a keystone habitat niche within the Wildlife Mitigation Tract. Accordingly, any management activities should avoid such outcrops and the surrounding vegetation. {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 12 b) Snags: Standing snags provide important habitat niches, especially for avian and small mammal species. Accordingly, all existing wildlife snags should be retained, unless they are determined to pose a wildfire hazard. c) Other Habitat Conservation Measures: i) Vegetation shall be monitored and weeds/non-native plants will be controlled and eradicated when possible. ii) Brush patches will be maintained in a mosaic pattern to provide various stages of growth so that both cover and forage are provided. Vegetation management activities performed in the Wildlife Mitigation Tract shall be performed in the fall or spring (outside of deer winter season) when areas are accessible and not under fire restrictions, except that any mowing is not to occur in the spring when there is bird nesting. iii) Ponderosa pine trees (dead and living) will be preserved where possible. iv) Downed logs will be retained for their wildlife value where possible. v) Firewood cutting or vegetation alteration beyond that prescribed as management for increased habitat value will not be permitted. vi) Nest boxes will be installed and maintained to benefit native bird species. vii) Bat boxes will be installed on trees to benefit native bat species. viii) No new fences are proposed to be included in the Wildlife Mitigation Tract. ix) Livestock will not kept or allowed on the property. x) The proposed development will prohibit the recreational use of off-road motor vehicles within the Wildlife Mitigation Tract. Motorized vehicle use in the Wildlife Mitigation Tract will only be allowed for management or emergency fire vehicle access. xi) The lots that are directly adjacent to the Wildlife Mitigation Tract will have 25 -foot setback requirements to protect the wildlife value of the area. xii) A program for proper garbage storage and disposal will be instituted for all resort residences and facilities. The program will be designed to reduce the availability of human -generated food resources to predators and corvids (crows, ravens, and Jays) known to predate other wildlife species. xiii) An educational program for local residents will be initiated regarding the native wildlife populations using the Wildlife Mitigation Tract and the need to avoid disturbance of species within the Wildlife Mitigation Tract. Educational materials will include newsletters, flyers, signage on trails, or other similar outreach tools. xiv) No fireworks of any type will be allowed. xv) No use of drones will be allowed. xvi) No hunting, discharge of firearms or trapping will be allowed. [00803709;2) Caldera Springs Annexation Remand Supplemental Narrative—Page 13 EXHIBIT B—REVISED CONDITIONS OF APPROVAL Transportation & Wildlife Condition No. 2: The access road through the Wildlife Mitigation Tract shall be designated as a homeowner access road, limited to homeowner and construction traffic only. No gatehouse or guest station shall be permitted at the access point. Appropriate signage shall be installed directing Resort guests and visitors to the main resort entrance on South Century Drive. a. Gates shall be installed and maintained as reasonably practical at Vandevert Road on the south terminus of the road and at the interior location set forth on the Site Plan. The gates shall be closed and operable by a key card, vehicle transponders or other similar equipment 24 hours per day. b. The access road shall be designed in a manner to reduce speeds (including one or more of the following features: sinuous alignment, bulb outs, traffic calming features) and shall be posted with a 20 MPH limit and identified as a wildlife corridor. c. Educational signage shall be placed in an appropriate location at the boundary of the Wildlife Mitigation Tract identifying the area as such, and explaining the need not to disturb habitat or species within the Wildlife Mitigation Tract. Condition No. 18: The resort shall comply with the approved Wildlife Report, as supplemented by the June 19, 2018 supplemental wildlife memorandum. To the extent there is a conflict between the two, the June 19, 2018 supplemental memorandum shall control. {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 14 EXHIBIT C Supplemental Transportation Memorandum {00803709;2) Caldera Springs Annexation Remand Supplemental Narrative—Page 15 MEMORANDUM 51 SW 6th AVE. NUE SUITE 600 PORT LAPvD, 0P 97204 12 2:30 0'r2 381661 Date: June 20, 2018 To: Peter Russell, Deschutes County Steve Runner, Sunriver From: Matt Kittelson & Julia Kuhn Project: Caldera Springs Subject: Trip Generation Comparison Project #: 13741 In November 2015, we prepared a traffic impact analysis (TIA) to support the proposed annexation of the Caldera Springs property (herein referred to as the "November 2015 TIA"). As part of this study, we analyzed year 2030 traffic conditions at nine intersections within Sunriver and nearby Deschutes County, both with and without the annexation and potential development of the Caldera Springs property. The assumed development at the time was for 395 residential units and 95 lodging units. All 490 units were analyzed with the same trip generation rate. Today, Sunriver is proposing 340 residential units and 150 lodging units. Using the same assumptions as the November 2015 TIA, 490 total units would have the same trip generation as previously analyzed at the study intersections. For reference purposes, the trip generation is provided in Table 1. Table 1. Trip Generation Comparison1 For informational purposes, we also compared the trip rate assumed in the November 2015 with the rates included in Trip Generation (10th Edition, as published by the Institute of Transportation Engineers. As shown in the 10th edition, land use 260 (Recreational Home/Condominium) has a weekday PM peak hour trip rate of 0.28 trips per unit. This would actually result in a lower number of trips than previously analyzed (i.e., 490 units * 0.28 trips per unit = 137 trips versus 162 weekday PM peak hour trips shown in Table 1). FILENAME:: C. I USERSI MKITTELSONI DESKTOPIJUNE 2018 TRIP GENERATION COMPARISON (002).DOCX Weekday PM Peak Hour Analyzed Trip Total Trips In Out Land Use Rate Size Residential Units 0.33 per unit 340 112 56 56 Lodging Units 0.33 per unit 150 50 25 25 Total 490 162 81 81 November 2015 TIA 0.33 per unit 490 162 81 81 Difference . 0 0 0 0 , For informational purposes, we also compared the trip rate assumed in the November 2015 with the rates included in Trip Generation (10th Edition, as published by the Institute of Transportation Engineers. As shown in the 10th edition, land use 260 (Recreational Home/Condominium) has a weekday PM peak hour trip rate of 0.28 trips per unit. This would actually result in a lower number of trips than previously analyzed (i.e., 490 units * 0.28 trips per unit = 137 trips versus 162 weekday PM peak hour trips shown in Table 1). FILENAME:: C. I USERSI MKITTELSONI DESKTOPIJUNE 2018 TRIP GENERATION COMPARISON (002).DOCX Caldera Springs Project #: 13741 June 18, 2018 Page 2 As shown in Table 1, the current proposal does not increase the trip generation from that previously analyzed. For this reason, we conclude that the November 2015 TIA findings are still valid relative to the current proposal. These conclusions are summarized below. • "The expansion of Caldera Springs, which would consist of a maximum of 395 (340 in 2018 CMP) single family units and 95 (150 in 2018 CMP) lodging units, is expected to generate a maximum of 162 p.m. peak hour trips. [note: the revised mix of housing units would not change the expected trip generation, as shown in Table 1 ] • The study intersections will continue to operate within applicable performance standards, with the exception of US 97/Vandevert Road, through the 2030 horizon year with the addition of the maximum resort trips. • US 97/Vandevert Road is expected to exceed applicable ODOT mobility targets during the 2030 horizon year with and without the proposed Caldera Springs Annexation. As such, we recommend that the proposed Vandevert Road access be limited to construction traffic only or have outbound left -turn movements restricted till such time that the US 97/Vandevert intersection is closed, as identified in the Deschutes County TSP, or restricted to right -in, right -out. This will strongly discourage site traffic from using this intersection for access to US 97 and direct traffic north to the Century Drive interchange. • Two of the three proposed site access locations would be shared with the existing Caldera Springs access locations. The third would be located on a straight section of Vandevert Road. All access locations should be kept clear of obstructions that limit adequate sight distance. • The expansion of Caldera Springs will have little to no impact on internal traffic conditions. • No other offsite mitigation measures are required or necessary to accommodate the construction of the Caldera Springs annexation." It is important to highlight that the Vandevert Access was analyzed to initially serve as a construction entrance to reduce impacts on existing resort residents and then as a paved access to serve resort employees, visitors, residents, and continued construction traffic. The Hearings Officer Report for Caldera Springs (County File 247 -15 -000464 -CU) recommended that "2. The resort access onto Vandevert Road shall be limited to construction -related traffic during development of roads and infrastructure prior to final plat approval, and thereafter a gated emergency -only access. Said access shall be gated until Vandevert Road is disconnected from Highway 97 or the Spring River Road/Century Drive roundabout is constructed (as cited on page 73 of the decision)." This condition of approval is inconsistent with our analysis as we did not evaluate the Vandevert access with such restrictions. Our findings and conclusions support the use of Kittelson & Associates, Inc. Portland, Oregon Caldera Springs Project #: 13741 June 18, 2018 Page 3 Vandevert as a full access point. Accordingly, Sunriver is requesting that this condition be removed. In support of this access and removal of this condition of approval, we continue to recommend that all marketing and wayfinding materials developed by the resort identify the S Century Drive interchange as the preferred route to resort visitors and residents. The Vandevert Access can be used for construction access and for general access provided the recommended turning restrictions are implemented. These restrictions should be reevaluated when ODOT undertakes safety improvements at the Highway 97/Vandevert Road intersection. Please let us know if you have any additional questions. Kittelson & Associates, Inc. Portland, Oregon EXHIBIT D Supplemental Wildlife Report [00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 16 Mason, Bruce & Girard, Inc. Natural Resource Consultants Since 1921 MEMORANDUM DATE: 19 June, 2018 TO: Caldera Springs Annexation Record FROM: Dr. Wendy Wente (MB&G) SUBJECT: Review of the Revised Caldera Springs Annexation Master Plan The Project team recently updated the original Caldera Springs Annexation Master Plan (Plan), and requested my review of the revised Plan, dated May 24, 2018. I (Dr. Wendy Wente) and other MB&G biologists used the original version of the Plan to complete the Wildlife Habitat Evaluation Procedure and Mitigation Plan (WHMP) for the Caldera Springs Annexation Development as described in the report dated November 10, 2015. I offer the following two observations upon reviewing the revised Plan: 1) Under the May 24, 2018 Plan, the proposed development continues to meet the requirement set forth in the Deschutes County Code that any negative impact on fish and wildlife resources will be completely mitigated so there is no net loss or net degradation of the resource (DCC 18.113070[D]). 97205 Specifically: a) The wildlife mitigation area in the revised Plan is increased from approximately 125 acres in the original Plan to approximately 220 acres, well exceeding the amount and quality of mitigation land needed to result in no net loss or net degradation of the resource. b) The configuration of the wildlife mitigation area in the revised Plan is preferable to the original Plan because it preserves a wildlife mitigation area that is at least 1,425 feet wide along the entire southern extent of the proposed development. This area will not only continue to support resident wildlife, but it will also serve as an east - west movement corridor for mule deer; a primary concern voiced by the Oregon {00805259;1} 707 SW Washington Street, Suite 1300, Portland, Oregon 503-224-3445 • FAX 503-224-6524 www.masonbruce.com Caldera Springs Annexation Master Plan Comments June 19, 2018 Department of Fish and Wildlife (ODFW) during our development of the original WHMP. 2) A conservation measure noted on page 25 of the WHMP states: "The lots that are directly adjacent to open space will have 100 -foot setback requirements to protect the wildlife value of the open space." This measure was included in the WHMP in error. The wildlife evaluation did not take this setback into account and its exclusion does not impact the results of the Habitat Evaluation Procedure presented in the WHMP. This setback recommendation can be removed to enable the current lot configuration shown on the revised Plan while maintaining the development's ability to meet DCC 18.113070[D]. The revised Plan depicts a concentrated area of development that also allows the Plan to include the larger wildlife mitigation area. The setback is not spatially possible for any lots within the proposed development because every lot shares a lot line with a common area. The 100 -foot setback, if applied, would render each lot within the resort undevelopable due to the lot size of the proposed lots. {00805259;1} -2- Mason, Bruce & Girard, Inc. EXHIBIT E Supplemental Sewer and Water Analysis t00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 17 Para metrix ENGINEERING . PLANNING . ENVIRONMENTAL SCIENCES 150 NW PACIFIC PARK LANE, SUITE 110 I BEND, OR 97701 1 P 541.508.7710 June 21, 2018 Caldera Springs Annexation SEWAGE COLLECTION AND WATER SYSTEMS MASTER PLAN, AUGUST 2015 Amended Based on May 24th, 2018 revised CMP Remand Review Prepared by James E. Frost, P.E. Parametrix prepared and submitted a previous report: CALDERA SPRINGS ANNEXATION, SEWAGE COLLECTION AND WATER SYSTEMS MASTER PLAN, AUGUST 2015, that analyzed the impacts of the Caldera Spring Annexation CMP dated July 4th, 2015. That report was submitted as part of the Burden of Proof for the Caldera Springs Annexation CMP in 2015. We have revisited that August 2015 Master Plan based on the revised CMP dated May 24th, 2018 that is now being submitted as part of the Remand Review for Caldera Springs Annexation. It is our determination that the impacts to the existing sewer and water systems from the May 24th, 2018 CMP are no greater than those from the July 4th, 2015 CMP, upon which our previous study and report was based. Therefore, the analysis and findings of our August 2015 Master Plan remain valid and applicable to the May 24th, 2018 CMP. Please see the following basis for this conclusion: 1. The July 4th, 2015 CMP was based upon the development scope of 395 residential lots and 95 OLU (Overnight Lodging Units) for a total of 490 units of development. The 95 OLU were considered to be accommodated in nineteen 5 key cabins, similar to what was done in the current Caldera Spring development. The development impact of the July 4th, 2015 CMP was 414 EDU (Equivalent Dwelling Units), which consisted of the 395 residential lots plus 0.2 EDU per OLU (5 OLU per cabin which equals one EDU). Our August 2015 study and conclusions were based on 414 EDU for both water use and sewer contribution based on the July 4th 2015 Caldera Springs Annexation CMP. 2. The May 24th, 2018 CMP is now showing 340 residential lots and 150 OLU to achieve the same 490 development units for the site. If the same 0.2 EDU per OLU factor were to be applied, the impact of the May 24th, 2018 CMP would be 340 from homesites + 150*0.2 from OLUs = 370 EDU for the site, which is a 11% lower impact than the 414 EDU from the July 4th, 2015 CMP. The Caldera Spring Annexation developer has indicated that the May 24th, 2018 CMP will not use cabins similar to current Caldera Springs to provide OLUs. Instead, a number of other options for OLU are being considered for development over the course of the Caldera Springs Annexation buildout. To provide adequate sewer capacity for this potential variety of OLUs, we recommend using 0.5 EDU instead of 0.2 EDU. The estimated total EDU for the May 24th CMP is 340 EDU from homesites + 150*0.5 from OLUs = 415 EDU, which has the same practical design impact to the water and sewer systems as the 414 EDUs from the July 4th, 2015 CMP. 3. The July 4th, 2015 CMP included provision for irrigation of 34 acres of landscape and lake area, which was accounted for in our August 2015 study. 4. The May 24th, 2018 CMP has reduced the irrigated landscape and lake area to 13 acres, which will have less than half the impact of 34 acres accommodated in the August 2015 study. EXHIBIT F Overnight Lodging Website Excerpts {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 18 Mt. Bachelor Village River Ridge Executive Guest Room / Lock-Off Unit 5/15/18 URL: https://mtbachelorvillage.com/featu red_item/river-ridge-executive-guest-room/ Sunriver Lodge Suites and Bedroom Units From Sunriver Resort Accommodations Website 5/15/18 URL: https://www.destinationhotels.com/sunriver-resort/accommodations/bend-Oregon-lodging Lodge Village — King Guest room: Lodge Village Guest Suite — Entry and Kitchenette: Lodge Village Queen Guest Room: Lodge Village — interior lock -off door to connecting room: Lodge Village — interior Tock -off door to upstairs connecting room: Black Butte Ranch — "Lodge Room" Lodge Accommodations 5/15/18 URL: http://www.blackbutteranch.com/lodging/vacation-rentaI-collection/lodge-rooms/ Black Butte Ranch — small one -bedroom lock -off unit: Black Butte Ranch — Lodge Room Patio: EXHIBIT G Goal 8 Resort Lock -off Examples [00803709;21 Caldera Springs Annexation Remand Supplemental Narrative—Page 19 Tetherow Resort Accommodations From Tetherow Website 5/15/18 URL: https://tetherow.com/go/vacation-rental-homes/ Tetherow Lock -Off Unit: Tetherow Exterior: Tetherow Rental Unit Patio: Tetherow Rental Unit — 5 keys: Tetherow Bedroom Suite: Tetherow Bedroom Suite: Brasada Ranch Cabins with lock -off bedrooms From Brasada Ranch website 6/4/18 Figure 1 2 -bedroom cabin front entrance. Main living space on the left with kitchen, dining, living and large master suite; Guest lock -off on the right with small bedroom, bathroom and outside patio. Figure 2 Main living area showing double-doors to large master suite. Figure 3 Opposite wall of main living area showing single lock -off door to the small bedroom (right -side of image). Figure 4 lock-off bedroom, with door to rear patio. Figure 5 Lock -off bedroom showing front door. EXHIBIT H Caldera Springs Resort Amenities [00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 20 Caldera Cabins Images of several unit types, interior and exterior. Images from Sunriver Resort as of 5/15/18. Patio view, shows two of the separate entrances: Garage and covered porch: Detached bedroom suite: Covered porch: King suite entrance: Exterior entrance door for Caldera Cabin guest suite: Bedroom suite, twin day bed, private bathroom, separate entrance: King bedroom suite with private bathroom and separate entrance: King bedroom suite #2 with private bathroom and separate entrance: Interior lock -off door: Twin bed suite with private bathroom and separate entrance: 6/26/2018 Bend Oregon Vacations Rentals 1 Caldera Springs - Vacation Rentals 1 Vacation Rentals Sunriver OR Luxury Vacation Rentals INSPIRED CALDERA SPRINGS VACATIONS START HERE Caldera Springs is the next generation of the rich Sunriver Resort legacy - on a more intimate scale. There are Caldera Cabins as well as custom homes available for rent in this exclusive community. When you stay at a Sunriver Resort managed Caldera Springs home or cabin, you get access to all Sunriver Resort amenities, plus extra Caldera Springs perks: RECREATION • Complimentary Access to TIi_Q.uaa y Pool at Caldera Springs • Complimentary tennis and pickle ball at Caldera Springs • Complimentary use of cruiser bikes from the Caldera Springs Lake House • Complimentary use of watercraft at Caldera Springs • Discounts at Sunriver Resort Marina and Bike Barn • Complimentary access to The Cove at Sunriver Resort • Discounts at Fort Funnigan Kids Camp GOLF • Complimentary golf at Caldera Links • Access to Crosswater Golf Club FITNESS • Complimentary access to h Qn rry Fitness Center • Complimentary access to Sage Springs Club and Spa • Exclusive access to Sunriver Resort tennis courts • Discounted fitness classes at Sage Springs Club and Spa CONCIERGE AND TRANSPORTATION SERVICES • 24/7 Resort concierge service • Complimentary or discounted intra -resort transportation • Complimentary Sunriver airport shuttle service • Discounted shuttle to Mt. Bachelor DINING • Access to The Grille at Crosswater • Notification about dining offers at Twisted River Tavern, Carson's American Kitchen, and all other resort dining outlets CLICK HERE BOOK YOUR STAY AT CALDERA SPRINGS NOW https://www.calderasprings.com/sunriver-resort-accommodations 1/10 EXHIBIT 1 Caldera Springs Shared Reservations {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 21 U1 . W N N :saJoN palsnlpy •uoi4enaasaa paaegs U1 .A W N sal! appy + saj antis aai.sei aiiegs aaIsm] uRpinn sad appy suop.enaasaa paaeys „aalseW„ suoi}enaasaa suon.enasaa paae4S suoRenaasaJ paaeys suoilenaasaa ')' 0 O ' c O = Nco VI V N fD C 0A cp.'''. N al •P V V 1-' N ro O v, IV Q1 111 W F• A N o O1 O .1'10 Ol V '-' C C u, W V Ol V co O a 0) C (/ * N 1 rt (D 3 W W N o CO O o N Ul O (D ON l0 al N VI V 1--1 V W 3 N In 00 V W 0-O C 0) -5. o 1, O O O N N N f� ' N •P W N Ol 0 -, mrr Q. 'p 00 .A N 1— Ol c Ql W o O r03 L0).,-=. O ®- C O ~' Q_ W (0 N LO 00 N W O 0) < N a .p U1 CO .A W O o LD .A o V VI -O C H ...< c W ll7 00 V Ul r0 0)0) n O =f; n N C n 0) 0 'a I-1 W O a nin H. W o Li" t0. 0 1-� •Vn C Oo 00W \Ole0NAWN V 'a O N C C 00 n 0 = .-t O I-+ 0 Ln p N to 0 U 1 Ul o 0 Oo N O to d -s 'P Ul V Ln N O o O W \ l0 W N h o W ID O t0 W n ? ro m S co "a 00 p 0 N -4, F'' W l�0 v < , y o N'N') VI v o W V o Ol V Q .0 \ W N Ol Ol V CN 0) a) s m oa 0) a) r0 2 n - N Q S 2 1-� 00 V 00 C 1'' V N V Oo V Ol o w O C 0 O1 t0 N les W O 0" Ol N V N (0 - p o W 00 1--1 V N N `� O 'may lin 0) S fl. W W N W O rD UlN U1 Ul W 1- N Ol 0N N U' N 0 Ul Ol lD 0 N N O IV �o U W o N aa;sew ;eyeaapun A 0 N 0 O 1.4 N O 0 F+ W 0 0 U7 N O 1•+ O N O F+ V O N Shared Reservations and Rental Nights EXHIBIT J Caldera Springs Overnight Rental Availability {00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 22 Caldera Cabins EXHIBIT J --Overnight Rental Open Menu PHOTO & VIDEO GALLERY ACCOMMODATIONS RESORT LOCAL AREA DINING THINGS TO DO SPA GOLF MEETINGS WEDDINGS OFFERS RESORT MAP JOIN DESTINATION DELIVERS SIGN IN PREVIOUS CALDFRA SPRINGS LUXURY VACATION RiiNTAT,S BACK TO ALL COMMUNITIES https://www.destinationhotels.com/sunriver-resort/oregon-vacation-rentals/caldera-springs-vacation-rentals/caldera-cabins[7/10/2018 11:57:44 AM] Caldera Cabins SEARCH Dates not required Caldera Cabins are the perfect place to get away or get together. All Caldera Cabin accommodations feature exquisite interiors, versatility and beautiful natural settings and access to unique amenities. The cabin.s offer versatile accommodation options from full cabin rentals and up to five individually rentable sleeping areas, each with their own private entrance. Full cabin rentals include three to five separately rentable suites with multiple bed types, a full kitchen and a private outdoor hot tub. For couples or individual travelers, we also offer Caldera Cabin king suites as well as other bed options. Each suite may be rented separately or combined with one or more additional suites in the same Caldera Cabin to meet the needs of a couple, a group of friends or extended family. For more information, please call our Reservations team at 855.420.8206 or book Caldera Cabins online here. Guests staying at Caldera Springs can take advantage of unique amenities including: . Use of the Lake House • Access to acres of lakes for canoeing or kayaking • Access the Quarry Pool and Fitness Center ▪ Over nine miles of walking and biking trails, and play at the children's discovery playground • Complimentary golf at the Caldera Links course . Complimentary kayak and canoe rentals in the Caldera lakes. Caldera Standard King Suite Cabins feature a private entrance, king bed, flat panel television and attached full bathroom. https://www.destinationhotels.com/sunriver-resort/oregon-vacation-rentals/caldera-springs-vacation-rentals/caldera-cabins[7/10/2018 11:57:44 AM] Caldera Cabins WISINNINP Caldera King Suite Cabins include all of the amenities of the Standard King Suite cabin plus an attached living room and full kitchen. https://www.destinationhotel s. com/sunriver-resort/oregon-vacation-rentals/caldera-springs-vacation-rentals/caldera-cabins [7/10/2018 11:57:44 AM] EXHIBIT K Sunriver Resort Affidavit [00803709;2} Caldera Springs Annexation Remand Supplemental Narrative—Page 23 BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS AFFFIDAVIT OF JOHN FETTIG STATE OF OREGON ) ) COUNTY OF DESCHUTES I, John Fettig, being first duly sworn, depose and say as follows: 1. I am the Director of Real Estate for Sunriver Resort Limited Partnership (SRLP); 2. In my capacity as Director of Real Estate I share responsibility for management of the SRLP central reservation service established and maintained for the Caldera Springs Overnight Lodging Units (OLUs); 3. As of the date of this Affidavit, there are 156 separate OLUs at Caldera Springs that are managed by SRLP located within 36 separate structures; 4. Each OLU may be booked individually by calling the SRLP central reservation service at (855) 420-8206; 5. SRLP has established a "Standard Operating Procedure" employed by the reservation service which identifies how individual OLUs may be reserved, the rental rate for the type of OLU rented, and the associated cleaning fee. Dated: July 10 , 2018 SUBSCRIBED AND SWORN TO before me this il(0 day of July, 2018. NotaryPublic foYOregon a Dec My Commission expires: AFFIDAVIT OF JOHN FETTIG {00808538;1} I.r-.r►;, OFFICIAL STAMP r c JAYNE JACKE BRISTOW NOTARYPUBL1C-OREGON COMMISSION No. 979343 MY COMMISSION EXPIRES APRILS, 2022 Page 1 EXHIBIT B Approved CMP Map O 2 tiH n a C�7 n �o n 3 CP 17 C)� o y 20 22 CTS �N 0 2