2019-450-Minutes for Meeting September 30,2019 Recorded 10/30/2019G�vT E S cOG
BOARD OF
E COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 3 88-6 570
Recorded in Deschutes County CJ2019-450
Nancy Blankenship, County Clerk
Commissioners' Journal 10/30/2019 8:27:35 AM
L��T•�S•CoG
2019-450
FOR RECORDING STAMP ONLY
1:00 PM MONDAY September 30, 2019 ALLEN CONFERENCE ROOM
Present were Commissioners Phil Henderson, Patti Adair and Anthony DeBone. Also present were Erik
Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive
Assistant. Several citizens and several identified representatives of the media were in attendance.
CALL TO ORDER: Chair Henderson called the meeting to order at 1:00 p.m.
ACTION ITEMS
1. Stabilization Center Update
Facilities Director Lee Randall and Holly Harris of Health Services were
present to give an update to the Board regarding the Stabilization Center
Project. The bid process was conducted and three bids were received for the
project. Kellcon Construction was the low bidder.
Health Services has a grant to fund expenses associated with furniture,
equipment, and security. The scope of the current quote is for
construction/remodel. The approximate cost is just below one million
dollars. Commissioner Henderson inquired why the cost for remodel is
BOCC MEETING SEPTEMBER 30, 2019 PAGE 1 OF 8
similar to the cost of a new construction. The final interior square footage is
approximately 5,000.
Commissioner DeBone looks for the project to be completed as a finished
product. Commissioner Adair commented people need to feel safe and
comfortable there. Commissioner Henderson explained one item learned
from the site visits to other facilities is clients like to get up and move around
not just stay on a recliner.
Mr. Randall reported on various items where the contractor was able to
identify less expensive options. The estimated date for completion is March
15, 2020.
Ms. Harris reported that the Central Oregon Health Council grant application
process had to be amended for this project. The proposal for year one is
extended hours of 7:30 a.m. to 11:30 p.m. and seven days a week. Year two
of the grant funding would cover service for 24 hours per day.
Mr. Randall will prepare a Notice of Intent to Award to Kellcon Construction.
The Board expressed support.
2. Health Services - Courtney Facility: HVAC System Replacement
Facilities Director Lee Randall and Finance Director Greg Munn presented the
update on the HVAC System Replacement. The general contractor, SunWest
Builders, and design team provided feedback on the final set of construction
drawings. Based on the original design the cost is now estimated at over
$1.3 million. The goal is to complete prior to this winter season. Mr. Randall
commented on the opportunities identified for savings. With the revised
design plan (and not including the actual HVAC units) the new quote came in
at $964,284.
Mr. Randall described the heating units and air handling units. They are still
looking for a better design for stand-alone units instead of placing all units
on the roof. The shipment of the units is approximately three weeks for
BOCC MEETING SEPTEMBER 30, 2019 PAGE 2 OF 8
delivery. Because of the CMGC process being utilized with this project, all
savings realized in the project will be returned to the County.
There are also third party engineering firms that could provide an extra set
of eyes to evaluate the as built improvements compared to the engineer's
design. Mr. Randall has a contract in place with Systems West Engineering
for an additional $40,000.
Randall explained that the result of this project will be a better system with
much better controls. The $964,284 includes boilers and installation; the
equipment from Trane is a separate cost. The wiring also needs to be
replaced due to the age of the building, 1997. Commissioner Henderson
calculated for 24 units it is approximately $55,000 per unit. The replacement
of the hot water heater is another component of the project that deals with
the issue of carbon monoxide.
Mr. Randall seeks Board direction for the portion of work by SunWest and a
contract addendum with a guaranteed maximum could be prepared for a
BOCC meeting for consideration of approval.
The building is approximately 40,000 square feet. Commissioner Henderson
noted that the additional third party evaluator (estimated cost of $40,000)
should not be needed if we have an adequate contract (scope of work) with
SunWest. Randall assured the Commissioners that the contract terms with
SunWest are sufficient.
3. Continuation Funds for Regional Communicable Disease Prevention and
Response - PH Modernization Program Element Funding Part I, Program
Element 51-02
Health Services staff Hillary Saraceno and Cheryl Smallman presented
agenda items 3 and 4 as funding portions of the health activities for public
health modernization.
Deschutes County will continue to receive biennium funding for Element 51-
02 for communicable disease prevention and response. The funding helps
BOCC MEETING SEPTEMBER 30, 2019 PAGE 3 OF 8
counties with surge capacity. It is a part of the program element funding for
24 months. Last biennium the department received $500,000 for 18 months
and this funding is $470,000 for 24 months. Ms. Saraceno stated both Crook
and Jefferson have agreed to forego $6,000 of the funding each to provide
Deschutes County with an additional $12,000. Ms. Saraceno stated the
department can absorb the reduction in funding.
Ms. Saraceno presented a few issues to consider: The department was
allocated $62,500 from the county general fund and the intent was to return
the funds if they received the funding but they would also consider keeping it
to recover some of the expenses lost. The communicable disease program is
given $800,000 in general funds per year to support all public health
programs.
Commissioner DeBone noted the expense of the HVAC system at Courtney
and that the $62,500 would probably be used within the Health Services
Department. Ms. Saraceno is advocating to keep the funds for staffing to
provide services for vulnerable populations. Ms. Saraceno feels funding
could do more for the homeless population related to outreach on
communicable disease. Commissioner Henderson worries this may not be
an ongoing program with the state and as such, the state may discontinue
funding. Commissioner DeBone feels the $62,500 doesn't need to be
returned to the general fund at this point.
Commissioner Henderson asked about the work performed by the two
requested full time employees. Ms. Saraceno reported on the work and their
responsibility to provide community outreach within Deschutes County. Ms.
Saraceno requested the positions would be converted from limited duration
to permanent. Commissioner Henderson is concerned on the reliability of
the state funding. The funding would go toward an additional .02 FTE would
add to the current .08 FTE Public Health Nurse. The Board is supportive of
this funding request. Budget adjustment documents will be presented at a
later Board meeting.
4. Local Public Health Modernization Infrastructure Improvements - PH
Modernization Program Element Funding Part 2, Program Element 51-01
BOCC MEETING SEPTEMBER 30, 2019 PACE 4 OF 8
Health Services Staff Hillary Saraceno and Cheryl Smallman presented
agenda items 3 and 4 as funding the health activities for public health
modernization for local infrastructure. Each year an assessment is done
which provides a report card to improve scores in leadership/workforce
development, health equity, and local communicable disease expertise.
Each county receives funding and Deschutes County's portion is $300,525 for
the biennium. The Board supported acceptance of the funds. The funds
would be used to improve services.
Commissioner Henderson recommended the department also looks at the
population that is not served by health care insurance because of the cost of
basic needs. Ms. Saraceno requested support of authorizing an employee to
provide outreach and effective response. The Board was supportive.
5. Tetherow Overnight Units - Reduction in Bonding to Reflect Completed
Units
Will Groves, Community Development Department presented a request to
reduce the bonding to reflect completed overnight lodging units at Tetherow.
Mr. Groves presented history on the development and bonding for overnight
units. Tetherow is down to nineteen rentable overnight lodging units to
complete. The developer has requested making amendments to reduce the
security amount.
Commissioner Adair inquired if any defensible space concerns are addressed
in this development. Mr. Groves will review the development designs.
Mr. Groves presented the Second Restated Improvement Agreement for
consideration. Garrett Chrostek, attorney representing Arrowood
Development, clarified the development for the remaining development.
ADAIR: Move approval of Document No. 2019-720
DEBONE: Second
BOCC MEETING SEPTEMBER 30, 2019 PAGE 5 OF 8
VOTE: ADAI R: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
6. DLCD Technical Assistance Grant
Community Development Department staff Zechariah Heck and Nick Lelack
presented. Mr. Heck presented the Department of Land Conservation and
Development technical grant application that has been revised based on the
Board's feedback. The application deadline is end of day tomorrow. The
grant would provide funding to elevate projects for wildfire hazard
mitigation, housing strategies, Terrebonne wastewater feasibility study, and
updating wildfire inventories.
A letter of support was also received from the Oregon Department of Fish
and Wildlife. The Board supports the application and recommended slight
revisions to the letter of support. The Board supported including the letter
from ODFW with the grant application.
DEBONE: Move approval of letter of support.
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
7. Consideration of Support Letter for Neighborlmpact Grant
Deputy County Administrator Erik Kropp presented a letter of support for the
Neighborlmpact Food Recovery Program.
DEBONE: Move approval of letter of support
ADAIR: Second
BQCC MEETING SEPTEMBER 30, 2019 PAGE 6 OF 8
VOTE: DEBONE: Yes
ADAI R: Yes
HENDERSON: Chair votes yes. Motion Carried
COMMISSIONER UPDATES
• Commissioner DeBone asked to add Pollution Reduction Credit Agreement
and Resolution back on the agenda for Wednesday. Mr. Lelack will prepare
the document for discussion to be added on to a revised agenda for
Wednesday, October 2.
• Commissioner Adair presented a letter from the AOC Natural Resources
Policy Steering Committee requesting nomination of a Commissioner to be
designated as the voting representative for the AOC meeting October 14 for
federal land subcommittee. The Board supported Commissioner Adair.
Commissioner Henderson excused himself at 3:38 p.m. for another scheduled
meeting.
• Commissioners Adair and DeBone attended the Wildfire Home Protection
Strategies training at Central Oregon Community College on Friday,
September 27.
• Commissioner DeBone attended State Interoperability Executive Council
meeting on Thursday, Habitat for Humanity home dedication, Investment
Advisory Committee, Central Oregon Visitors Association Board meeting, and
Pub Talk Thursday night.
• Commissioner Adair attended a childcare meeting in La Pine, Behavioral
Health Advisory Committee, and the Deschutes National Forest Supervisor
Holly Jewkes on Thursday and the Pub Talk Thursday evening as well as the
Big Burn presentation.
• Commissioner DeBone spoke on the history of duck hunting in the
Deschutes River area as it is federal land. County Counsel Doyle inquired if
BOCC MEETING SEPTEMBER 30, 2019 PAGE 7 OF 8
there is an opportunity for a land swap with park property the County owns
along the river.
• Commissioner DeBone spoke on the history of Regional Solutions and noted
that the counties are partners.
• County Counsel Doyle asked whether the Board has a position (support or
not support) for the pending request at AOC for submission of an amicus
brief in response to the PERS Reform legislation lawsuit filed recently by a
number of public employees. AOC will vote on this at its next Executive
Committee meeting on October 14. Counsel Doyle will present this to the
Board for a final decision on Wednesday.
OTHER ITEMS: None presented
EXECUTIVE SESSION: None presented
Being no further items to come before the Board, the meeting was adjourned at 3:56 p.m.
DATED this ? Day of 2019 for the Deschutes County Board of
Commissioners.
ATTEST:
RECORDING S4ECRETAR
PHILIP ER N® CHAIR
ANTHONY DEBONE, COMMISSIONER
BOCC MEETING SEPTEMBER 30, 2019 PAGE 8 OF 8
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:00 PM, MONDAY, SEPTEMBER 30, 2019
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
This meeting is open to the public, and allows 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 Boards ability to address other topics.
Meetings are subject to cancellation without notice.
Item start times are estimated and subject to change without notice.
CALL TO ORDER
ACTION ITEMS
1. 1:00 PM Stabilization Center Update - Lee Randall, Facilities Director
2. 1:30 PM Health Services --Courtney Facility: HVAC System Replacement - Lee
Randall, Facilities Director
3. 2:00 PM Continuation Funds for Regional Communicable Disease Prevention
and Response -PH Modernization Program Element Funding Part I,
Program Element 51-02 - Hillary Saraceno, Health Services Deputy
Director
4. 2:15 PM Local Public Health Modernization Infrastructure Improvements- PH
Modernization Program Element Funding Part 2, Program Element 51-
01 - Hillary Saraceno, Health Services Deputy Director
5. 2:30 PM Tetherow Overnight Units - Reduction in Bonding to Reflect Completed
Units - William Groves, Senior Planner
Board of Commissioners BOCC Meeting Agenda Monday, September 30, 2019 Page 1
of 2
6. 2:45 PM DLCD Technical Assistance Grant - Zechariah Heck, Associate Planner
7. 3:00 PM Consideration of Support Letter for Neighborlmpact Grant - Erik Kropp,
Deputy County Administrator
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation, ORS 192.660(2)(d), labor
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 media.
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish 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: This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, 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 questions, please call (541) 388-6572.
Board of Commissioners BOCC Meeting Agenda Monday, September 30, 2019 Page 2
of 2
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of September 30, 2019
DATE: September 25, 2019
FROM: Lee Randall, Facilities, 541-617-4711
TITLE OF AGENDA ITEM:
Stabilization Center Update
RECOMMENDATION & ACTION REQUESTED:
Discuss project status including permits, results of the solicitation for a construction
general contractor, and next steps.
BACKGROUND AND POLICY IMPLICATIONS:
A public advertisement for bids was conducted by the Facilities Department. Kellcon
Construction was the apparent low bidder. The department will provide an update regarding
the review of the contractor bids.
FISCAL IMPLICATIONS: None at this time.
ATTENDANCE: Holly Harris
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of September 30, 2019
DATE: September 26, 2019
FROM: Lee Randall, Facilities, 541-617-4711
TITLE OF AGENDA ITEM:
Health Services --Courtney Facility: HVAC System Replacement
RECOMMENDATION & ACTION REQUESTED:
Discuss the status of the project including feedback from the general contractor,
subcontractors and the design team. Discuss status of the Guaranteed Maximum Price
(GMP) proposal being prepared by SunWest Builders and opportunities for cost savings
and project plan changes as a result of feedback from subcontractors gained through the
Construction Manager/General Contractor (CM/GC) process. Provide information
regarding upcoming decision points for the Board.
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners BOCC Monday Meeting of September 30, 2019
DATE: September 25, 2019
FROM: Hillary Saraceno, Health Services, 541-317-3178
TITLE OF AGENDA ITEM:
Continuation Funds for Regional Communicable Disease Prevention and Response -PH
Modernization Program Element Funding Part I, Program Element 51-02
RECOMMENDATION & ACTION REQUESTED:
The Oregon Health Authority received continuation funding for the areas of the state that
have been receiving regional funding for communicable disease (CD) prevention and
response improvements. The funding, awarded through a competitive grant application
in the last biennium, will now be part of the on-going state Public Health funding base in
Program Element 51-02. Deschutes County will be receiving an additional $405,000 for a
total of $470,000 for the entire biennium.
1) Issue:
a. Received less than last biennium for regional CD prevention partnership but able to
make adjustments to continue the program with current FTE (see Recommendation 1
below).
b. BoCC allocated $62,500 County General Fund (CGF) one-time "gap funds" to sustain
staffing until we knew whether the legislature would continue funding. Intent was to
return if we received funding.
2) RECOMMENDATION 9:
PH returns $62,500 to CGF:
Maintains 1.80 FTE of original 3.0 FTE
Eliminates entire $6,000/year allocation each for Crook County and Jefferson
County
Requires some reduction to be taken from program operations, including travel
and supplies.
3) RECOMENDAT/ON 2.-
Change
:Change staff from "Limited Duration" to "Regular" employee status now that
funding is included in OHA's on-going Program Element funding:
0.80 FTE Public Health Nurse II
1.0 FTE Epidemiologist
BACKGROUND AND POLICY IMPLICATIONS:
The funds are dedicated and restricted for use toward the regional communicable disease
prevention and response partnership activities including.
a. Assuring a dedicated tri -county prevention, surveillance and response team to
better meet needs of the region.
b. Providing surge capacity and support for addressing emerging communicable
disease health threats in a timely and effective manner.
c. Providing prevention and infection control services to long-term care facilities and
other organizations serving vulnerable populations.
d. Providing health care partners and the public with active surveillance and timely
communication on communicable disease cases and/or outbreaks and for other
emerging health threats.
FISCAL IMPLICATIONS:
• Convert two limited -duration positions to regular.
• A decision on the previously allocated $62,500 for this program.
ATTENDANCE: Hillary Saraceno, Health Services Deputy Director --Public Health
PUBLIC HEALTH DIVISION)
N= ""`• Office of the State Public Health Dierctor} ealith
Kate Brown, Governor
Hillary Saraceno
Deschutes County Health Services
Public Health Division
2577 NE Courtney Drive
Bend, OR 97701
Dear Hillary,
800 NE Oregon St, Suite 930
Portland OR 97232-2195
Voice: (971) 673-1222
FAX: (971) 673-1299
This letter is to confirm your award amount under Program Element 51: Public Health Modernization.
Deschutes County will receive awards under two Program Element subsections:
• Subsection 1: LPHA Leadership, Governance and Program Implementation; and
• Subsection 2: Regional Partnership Implementation.
For the period of October 1, 2019 through June 30, 2021, Deschutes County will be awarded the
following amounts:
• Subsection 1: $300,525
• Subsection 2: $405,000
Payments will be paid monthly once the signed agreement is in place. All fund distributions will be subject
to the terms and conditions in the grant agreement.
We look forward to continuing to work with you.
Llerely,
Cara Biddlecom
Director of Policy and Partnerships
o 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 BOCC Monday Meeting of September 30, 2019
DATE: September 25, 2019
FROM: Hillary Saraceno, Health Services, 541-317-3178
TITLE OF AGENDA ITEM:
Local Public Health Modernization Infrastructure Improvements- PH Modernization
Program Element Funding Part 2, Program Element 51-01
RECOMMENDATION & ACTION REQUESTED:
The Oregon Health Authority received new funding for Public Health Modernization
during the 2019 legislative session. The new funding is being allocated to all Local Public
Health Authorities based on the established funding formula through Program Element
(PE) 51-01 (funding will be part of the on-going state Public Health funding base). For PE
51-01, Deschutes County will be receiving $300,525 for the biennium, or $128,796 for FY
2020.
1) Staff are requesting approval from the Commissioners for a budget adjustment and
authorization to spend the FY 2020 portion of the new Program Element 51-01
funding ($128,796). The funding is to be used to accomplish the required activities,
deliverables and outcomes required by the state and outlined in the background
section of this document.
2) In order to meet the requirements of the funding, staff are requesting approval for
the following FTE and position change:
a. 1.0 FTE Quality Improvement Analyst
b. Upgrade existing PH Nurse II position to a Health Services Supervisor position
(to meet infrastructure improvement requirements of the funding and to
balance workloads).
BACKGROUND AND POLICY IMPLICATIONS:
The funds are dedicated and restricted for use to toward meeting minimum protections
and services as part of public health modernization, with strategies selected based on the
Deschutes County PH Modernization Assessment results. The funding must be used for
improvements to scores in the following three areas of public health modernization:
a. Leadership: Training, capacity, expertise and accountability
b. Health equity and cultural responsiveness: Assessment, action plan,
implementation
c. Local Communicable Disease Infrastructure: To improve internal and
external infrastructure among DCHS and health care partners with the goal
of increasing capacity and expertise and assuring timely and appropriate
response for preventing and controlling communicable diseases.
FISCAL IMPLICATIONS: The request would be a budget adjustment and authorization to
spend $128,796 for new 1.0 FTE Quality Improvement Specialist and to upgrade an
existing PH Nurse II position to a supervisory position.
ATTENDANCE: Hillary Saraceno, Health Services Deputy Director - Public Health
o F Oreo-on
PUBLIC HEALTH DIVISION) - -- _ ealth
`
Office of the State public Health Dierctor}
e.'......••s•�
a� Kate Brown, Governortlt. (},°it,y
Hillary Saraceno
Deschutes County Health Services
Public Health Division
2577 NE Courtney Drive
Bend, OR 97701
Dear Hillary,
800 NE Oregon St, Suite 930
Portland OR 97232-2195
Voice: (971) 673-1222
FAX: (971) 673-1299
This letter is to confirm your award amount under Program Element 51: Public Health Modernization.
Deschutes County will receive awards under two Program Element subsections:
• Subsection 1: LPHA Leadership, Governance and Program Implementation; and
• Subsection 2: Regional Partnership Implementation.
For the period of October 1, 2019 through June 30, 2021, Deschutes County will be awarded the
following amounts:
• Subsection 1: $300,525
• Subsection 2: $405,000
Payments will be paid monthly once the signed agreement is in place. All fund distributions will be subject
to the terms and conditions in the grant agreement.
We look forward to continuing to work with you.
'merely,
Cara Biddlecom
Director of Policy and Partnerships
I
�01ES CO
o� 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 BOCC Monday Meeting of September 30, 2019
DATE: September 17, 2019
FROM: William Groves, Community Development, 541-388-6518
TITLE OF AGENDA ITEM:
Tetherow Overnight Units - Reduction in Bonding to Reflect Completed Units
RECOMMENDATION & ACTION REQUESTED:
Consideration of signature of Document No. 2019-720, Reduction in Bonding to Reflect
Completed Units at Tetherow.
BACKGROUND AND POLICY IMPLICATIONS:
Arrowood Development, LLC ("Arrowood") filed an application for a final subdivision plat for the
Tetherow Phase 1 Final Plat, prior to the completion of the Overnight Lodging Required
Improvements. Deschutes County Code provides that a developer may, in lieu of completing
Overnight Lodging Required Improvements prior to filing a final subdivision plat, enter into an
agreement with the County for the completion of the required improvements and provide a
security, to provide for the completion of the required improvements.
The County and Arrowood entered into an Improvement Agreement recorded as Document No.
2007-53411 ("Original Improvement Agreement"). The Original Improvement Agreement was
amended nine times, including amended reference to the current developer (Weston Investment
Co. LLC).
As of the date of this Second Restated Agreement, 114 of the separately rentable overnight
lodging units approved the prior Site Plan have received final certificates of occupancy. The
developer applied for and received County approval for the current Site Plan, which modifies the
design and layout of the final 19 separately rentable overnight lodging units.
Developer desires to restate the Restated Agreement to reflect the Site Plan, make other
amendments through this Second Restated Agreement, and secure the remainder of the
Overnight Lodging Required Improvements.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Will Groves, Legal.
MEMORANDUM
DATE: September 12, 2019
TO: Board of County Commissioners
FROM: Will Groves, Senior Planner
RE: Second Restated Improvement Agreement, Tetherow Resort Overnight Lodging
I. BACKGROUND
Arrowood Development, LLC ("Arrowood") filed an application for a final subdivision plat for the
Tetherow Phase 1 Final Plat, prior to the completion of the Overnight Lodging Required
Improvements. Deschutes County Code provides that a developer may, in lieu of completing
Overnight Lodging Required Improvements prior to filing a final subdivision plat, enter into an
agreement with the County for the completion of the required improvements and provide a
security, to provide for the completion of the required improvements.
The County and Arrowood entered into an Improvement Agreement recorded as Document No.
2007-53411 ("Original Improvement Agreement"). The Original Improvement Agreement was
amended nine times, including amended reference to the current developer (Weston Investment
Co. LLC).
As of the date of this Second Restated Agreement, 114 of the separately rentable overnight lodging
units approved the prior Site Plan have received final certificates of occupancy. The developer
applied for and received County approval for the current Site Plan, which modifies the design and
layout of the final 19 separately rentable overnight lodging units.
Developer desires to restate the Restated Agreement to reflect the Site Plan, make other
amendments through this Second Restated Agreement, and secure the remainder of the Overnight
Lodging Required Improvements.
III. NEXT STEPS
The Board can sign the Second Restated Improvement Agreement or provide Board direction to
staff on additional information needed.
REVIEWED
ft
LEGAL COUNSEL
After Recording Return to:
Deschutes County
Community Development Department
147 NW Lafayette Street
Bend, OR 97701
SECOND RESTATED IMPROVEMENT AGREEMENT
(Overnight Lodging)
This Second Restated Improvement Agreement ("Second Restated Agreement"), relating to the
construction and installation of certain required improvements (the "Overnight Lodging
Required Improvements," as defined below in Section 5) for the Cascade Highlands/Tetherow
Destination Resort (the "Resort"), as required in the conditions of approval in the Resort
Tentative Subdivision Plan approval, File No. TP -07-990 ("Tentative Plan") and Site Plan
approval, File No. 247 -17 -000484 -SP (the "Site Plan"), by and between DESCHUTES
COUNTY, OREGON, a political subdivision of the State of Oregon ("County") and Weston
Investment Co. LLC, ("Developer"), successor in interest to original developer Arrowood
Development, LLC.
RECITALS:
A. Arrowood Development, LLC ("Arrowood") filed an application for a final subdivision
plat for Phase 1 of the Resort (the "Tetherow Phase 1 Final Plat"), File No. FPA -07-20,
prior to the completion of the Overnight Lodging Required Improvements.
B. Deschutes County Code (DCC) Section 19.106.110 provides that a developer may, in lieu
of completing Overnight Lodging Required Improvements prior to filing a final
subdivision plat, enter into an agreement with the County for the completion of the
Overnight Lodging Required Improvements and provide a good and sufficient form of
security, to provide for the completion of the Overnight Lodging Required
Improvements.
C. County and Arrowood entered into that certain Improvement Agreement recorded as
Document No. 2007-53411 in the Official Records of Deschutes County, Oregon
(including those amendments identified in the following recital, the "Original
Improvement Agreement").
Page 1 of 16 — Tetherow Destination Resort Overnight Lodging Improvement Agreement,
Deschutes County Document No. 2019-720
D. The Original Improvement Agreement was amended several times through Document
Nos. 2007-53412 (Amendment #1), 2008-43806 (Amendment #2), 2009-42805
(Amendment #3), 2010-37552 (Amendment #4), 2011-29853 (Amendment #5), 2012-
33642 (Amendment #6), 2014-07620 (Amendment #7), 2014-28351 (Amendment #8),
and 2014-35642 (Amendment #9).
E. The Original Improvement Agreement, as amended, now identifies Developer as the
party responsible for constructing the Overnight Lodging Required Improvements.
F. The Original Improvement Agreement required the construction of 198 separately
rentable overnight lodging units to comply with the then required ratio of overnight
lodging units to residential units for destination resorts, which was subsequently reduced
to 159 through MC -13-3.
G. After 26 units were then completed, Tetherow Vacation Homes, LLC ("TVH") filed for
tentative subdivision and site plan approval for Development Tract AA within the Resort
in order to construct 133 separately rentable overnight lodging units (the "TVH Site
Plan").
H. County and Developer entered into that certain Restated Improvement Agreement
recorded as Document No. 2015-25589 (the "Restated Improvement Agreement") to
secure the Overnight Lodging Required Improvements approved under the TVH Site
Plan, which wholly replaced and superseded the Original Improvement Agreement.
1. As of the date of this Second Restated Agreement, 114 of the separately rentable
overnight lodging units approved under the TVH Site Plan have received final certificates
of occupancy.
J. TVH applied for and received County approval for the Site Plan, which modifies the
design and layout of the final 19 separately rentable overnight lodging units.
K. The Overnight Lodging Required Improvements under this Second Restated Agreement
do not constitute a Public Improvement as the term is defined in ORS 279A.010(1)(cc).
L. County and Developer desire to restate the Restated Agreement to reflect the Site Plan,
make other amendments through this Second Restated Agreement, and secure the
remainder of the Overnight Lodging Required Improvements,
NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES
above mentioned, for and in consideration of the mutual obligations hereinafter stated, as
follows:
1. Recitals. The Recitals to this Second Restated Agreement set forth above are hereby
incorporated herein as if fully set out, shall constitute contractual provisions and are not mere
recitals.
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2. Original Improvement Agreement.
2.1 This Second Restated Agreement supersedes and wholly replaces the Restated
Agreement.
2.2 Upon recording of this Second Restated Agreement, Developer and any land
subject to the Restated Agreement are released from any obligation arising from
the Restated Agreement.
3. Real Property Description. The real property subject to this Second Restated
Agreement, hereinafter the "Real Property" is described as: Tax Lots 100-104 on
Assessor's Map 18-11-12CC and more particularly described on the attached Exhibit A.
4. Exhibits. The exhibits listed below and attached to the Agreement are hereby
incorporated herein by reference:
4.1 Exhibit A -- Legal description of Real Property.
4.2 Exhibit B -- List of Overnight Lodging Required Improvements.
4.3 Exhibit C -- Deschutes County Site Plan approval, File No. 247 -17 -000850 -SP.
4.4 Exhibit D -- Wells Fargo Irrevocable Letter of Credit No. (the
"ILOC").
5. Identification of Overnight Lodging Required Improvements.
5.1 Developer shall install and complete, or cause to be installed and completed, the
improvements listed in Exhibit B and required by the Site Plan set forth in Exhibit
C to the extent that same remain to be completed (the "Overnight Lodging
Required Improvements").
5.2 As of the effective date of this Second Restated Agreement, the Overnight
Lodging Required Improvements consist of 33 separately rentable units for
"Overnight Lodgings," as that term is defined in Deschutes County Code
("DCC") 19.04.040, in one or more structures.
5.3 This Second Restated Agreement shall be recorded against and shall encumber
the Real Property and every developable unit of land lawfully created from the
Real Property (each, a "Lot").
6. Construction of Overnight Lodging Required Improvements; Status Reports.
6.1 The Overnight Lodging Required Improvements shall be installed and completed
in accordance with the plans and construction specifications related thereto and to
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any additional County and/or State of Oregon specifications or applicable
regulations.
6.2 Developer shall promptly repair any damage to existing and new roads, water
lines, stormwater facilities, and similar facilities within and without the Real
Property, which are caused by the installation of the Overnight Lodging Required
Improvements.
6.3 Developer shall cause the Overnight Lodging Required Improvements to be
completed in compliance with the applicable codes, regulations, and laws in effect
at the time the applicable building permits were issued, to schedule final
inspections and to have the Overnight Lodging Required Improvements in a
condition determined by County to be sufficient to receive a final certificate of
occupancy not later than December 31, 2019 (the "Completion Date").
6.4 Developer shall provide County an update on the progress of the Overnight
Lodging Required Improvements on or before June 1, 2019.
6.4.1 Such update shall be submitted in writing and shall be submitted to the
Deschutes County Community Development Department ("CDD") or
such other contact as County designates in writing, and may be presented,
to the Deschutes County Board of Commissioners ("the Board") by a
representative of Developer at a regularly scheduled Board Business
Meeting or Work Session.
6.4.2 There shall be no application fees for the updates or presentations to the
Board.
6.4.3 In advance of such meeting or work session, Developer shall permit CDD
and CDD's consultant (at County's cost) to enter the Real Property for
purposes of verifying information contained in each updated.
6.4.4 Each update shall, at a minimum, include specific information regarding
the following:
6.4.4.1 The percentage of the Overnight Lodging Required
Improvements completed to date;
6.4.4.2 Any changes in the anticipated cost and an updated
timeline to complete the Overnight Lodging Required
Improvements;
6.4.4.3 Date and explanation of any changes in the construction
timeline from the date of this Second Restated Agreement
and/or the date of the last update;
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6.4.4.3 Any other information County may reasonably request.
6.5 The parties acknowledge that the timeline identified in Section 6.3 assumes
County's timely processing of applications and inspections, and that the following
events, which are deemed to be outside Developer's control, will not impede
progress: fire, adverse weather conditions, land use appeals filed by third parties,
or acts of God.
6.5.1 In the event Developer is delayed at any time in the progress of
constructing the Overnight Lodging Required Improvements by an event
outside of Developer's control, then Developer may request extension of
performance of specific tasks and for specific periods of time
proportionate to the extent of the interference.
6.5.2 Developer's inability to obtain financing is deemed to be within
Developer's control.
6.5.3 Unless the County, in its reasonable discretion, determines that the
Developer's request is being made in bad faith or is not in strict
conformance with the terms of this Second Restated Agreement, County
shall approve an extension request and memorialize the amendment in
writing.
7. License to Enter and Remain on Property.
7.1 Developer hereby grants County and County's employees, engineers, consultants,
agents, contractors, subcontractors and suppliers license to come onto and remain
on the Real Property as necessary to make inspections of the Overnight Lodging
Required Improvements.
7.2 If County determines that any portion of the Overnight Lodging Required
Improvements has not been completed as required under Section 6.3 above by the
Completion Date, and after providing notice to Developer and a thirty (30) day
period to cure, County or its employees, engineers, consultants, agents,
contractors, subcontractors and suppliers may enter onto and remain on the Real
Property and may cause the Overnight Lodging Required Improvements to be
completed.
8. Right to Draw on Security.
8.1 Upon failure of the Developer to complete the Overnight Lodging Required
Improvements as required under Section 6.3 above by the Completion Date,
County shall notify Developer in writing of such failure (the "Default Notice").
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8.2. Upon receipt of the Default Notice, Developer shall have thirty (30) days to
complete the Overnight Lodging Required Improvements to the condition
required under Section 6.3 (the "Default Grace Period").
8.3 Should Developer fail to complete the Overnight Lodging Required
Improvements within the Default Grace Period, County may, at its sole discretion,
cause incomplete or unsatisfactory Overnight Lodging Required Improvements to
be completed.
8.4 If County causes the Overnight Lodging Required Improvements to be completed,
County may draw upon the Security for any and all costs and expenses incurred
by County, or reasonably anticipated or projected to be incurred by the County, in
construction and/or completion of the Overnight Lodging Required
Improvements.
8.5 If County affirmatively elects (with written documentation of same signed by the
Chair of the Board of County Commissioners) not to cause the Overnight Lodging
Required Improvements to be completed, County shall cause the Security to be
released to Developer.
8.6 For the purposes of this Second Restated Agreement and access to any security
offered and accepted to secure Developer's performance, Developer's failure to
complete the Overnight Lodging Required Improvements shall include failure to
install or have installed any portion of the Overnight Lodging Required
Improvements to the standards required under Section 6.3 above.
9. No County Guarantee. County does not guarantee that any of the Overnight Lodging,
Required Improvements referred to in this Second Restated Agreement will be
constructed, maintained or operated.
10. License to Use Permits, Specifications and Plans.
10.1 If County determines that any portion of the Overnight Lodging Required
Improvements have not been completed as required by Section 6.3 above, upon
expiration of the Default Grace Period, Developer shall, upon request of the
County, license and assign to County all of Developer's, applicable permits,
plans, specifications, shop drawings, instruments, permits and approvals, and
other documents necessary or useful in the completion of or related in any manner
to the applicable Overnight Lodging Required Improvements.
10.2 Developer shall ensure that any contracts for supply of labor and materials used in
connection with constructing Overnight Lodging Required Improvements are
assignable to the County.
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10.3 Upon such request, Developer shall deliver or shall cause to be delivered, physical
possession of such permits, plans, specifications, shop drawings, instruments,
permits, approvals, and other documents to the County.
10.4 Upon the termination of the Default Grace Period, County may sub -assign or
license the rights referred to in this Section 10 for any purpose without further
approval from Developer.
11. No Third -Party Beneficiaries.
11.1 County and Developer are the only parties to this Second Restated Agreement and
are the only parties entitled to enforce its terms.
11.2 Nothing in this Second Restated Agreement gives or provides any benefit or right,
whether directly, indirectly, or otherwise, to third persons unless such third
persons are individually identified by name in this Second Restated Agreement
and expressly described as intended beneficiaries of this Second Restated
Agreement.
12. Restoration of Monuments. Developer shall restore any monument erected or used for
the purpose of designating a survey marker or boundary of any town, tract, plat or parcel
of land that is broken, damaged, removed or destroyed, during the course of work
provided for or anticipated by this Second Restated Agreement, whether intentional or
otherwise, by the Developer or Developer's agents, employees or independent
contractors.
13. Costs of Inspection. Developer shall pay to County the actual costs incurred by County
in the inspection of the completed Overnight Lodging Required Improvements plus any
fees, such as plan review fees and structural, electrical, plumbing and other specialty
codes inspection fees normally associated with the review and inspection of any
improvements on the Real Property.
14. Security for Overnight Lodging Required Improvements.
14.1 Attached as Exhibit D is the ILOC in the amount of two million eight hundred
seventy-four thousand eight hundred and three dollars and fifty cents
($2,874,803.50), (the "Security").
14.2 As used herein, the issuer of the Security is referred to as "Surety."
14.4 Cost Notice Update
14.4.1 As part of an update required by Section 6.4 above, the County
Commissioners may require the Developer to provide an updated
construction cost estimate for the then remaining Overnight Lodging
Required Improvements (the "Cost Update Notice").
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14.4.2 Upon receipt of the Cost Update Notice, the Developer shall have thirty
(30) days to provide the updated construction cost estimate (the
"Developer's Response").
14.4.3 Upon receipt of the Developer's Response, or if no Response is received
within the thirty (30) day period, if the County Commissioners determine
that the Developer's obligations under this Second Restated Agreement
together with the Security do not provide adequate financial assurance for
completion of the Overnight Lodging Required Improvements, the County
Commissioners shall have the option to require Developer to increase the
amount of the Security and to memorialize such increase in an amendment
to this Second Restated Agreement (the "Security Amendment").
14.4.4 If the County Commissioners require Developer to increase the amount of
the Security, Developer shall also file the application fees and materials to
amend this Second Restated Agreement to memorialize the Security
Amendment within thirty (30) days of receipt of the County's notice to
increase the Security.
14.4.5 If Developer fails or refuses to increase the amount of Security as directed
by the County Commissioners, such failure or refusal shall be considered
failure of the Developer to complete the Overnight Lodging Required
Improvements as required under Section 6.3 and the County may draw
upon the Security pursuant to Section 8.
15. Developer's Obligation for Costs.
15.1 Developer expressly acknowledges, understands, and agrees that this Second
Restated Agreement shall not relieve Developer from the obligation to complete
and fully pay for the Overnight Lodging Required Improvements and other costs
and fees set forth in this Second Restated Agreement.
15. 2 Should Developer default in its obligation to complete the Overnight Lodging
Required Improvements as required by Section 6.3, Developer agrees to
compensate County for all costs related to Developer's default.
16. Release of Security or Obligation.
16.1 County shall release the Security within fifteen (15) calendar days of the issuance
of the final certificate of occupancy for the Overnight Lodging Required
Improvements.
16.2 Upon Developer's completion and County's inspection and approval of the
Overnight Lodging Required Improvements located on any particular Lot as
shown on the Site Plan (a "Completed Lot"), County may release a proportionate
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amount of the Security provided County, in its sole discretion and consistent with
16.7 below, determines that adequate security remains in place for Developer to
complete the remaining Overnight Lodging Required Improvements in
accordance with this Second Restated Agreement.
16.3 County may, at County's discretion and consistent with applicable law, release
such other portions of the Security provided other financial assurances are in
place per the DCC.
16.4 County's release of any portion of the Security shall not be construed as a waiver
of County's right to require full compliance with this Second Restated Agreement
and Developer's obligation to satisfy any costs and expenses incurred in
completion of the Overnight Lodging Required Improvements.
16.5 County may, at the County's discretion and consistent with applicable law,
release Developer from any of Developer's obligations under the terms and
conditions of this Second Restated Agreement.
16.6 County's release of any of Developer's obligations shall not be construed as a
waiver of County's right to require full compliance with the remainder of this
Second Restated Agreement and Developer's obligation to satisfy any costs and
expenses incurred in completion of the Overnight Lodging Required
Improvements.
16.7 Developer is precluded as a term of this Second Restated Agreement, from
requesting release of any portion of the Security until at a minimum, seventy-five
percent (75%) of the Overnight Lodging Required Improvements have received a
Certificate of Occupancy; any request for a release of Security shall be
accompanied by an estimate of all costs to complete the remaining units.
17. Shortfall in Security.
17.1 If the amount available to be drawn from the Security is less than the costs and
expenses anticipated to be incurred, or actually incurred, by County, County may
apply the proceeds of the Security to the anticipated or actual costs and expenses
of completion of the Overnight Lodging Required Improvements.
17.2 Developer shall be responsible and liable for any shortfall between the actual
costs and expenses of completion of the Overnight Lodging Required
Improvements and the amount of the Security available to fund such costs and
expenses.
18. Incidental Costs. Without limiting the generality of the foregoing, if upon County's
written notice to Surety in the form prescribed by the Surety (set forth as Exhibit A-1 to
the ILOC is the form prescribed by the ILOC's Surety) of Developer's failure to
complete Overnight Lodging Required Improvements, the proceeds of the Security are
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not remitted to County within the timeframe set forth in the Security, or the Overnight
Lodging Required Improvements are not installed within a reasonable time period
determined by County after notice to Developer and/or Surety, then County's costs of
obtaining the proceeds of the Security or other security and/or completing the Overnight
Lodging Required Improvements and all incidental costs to the extent not covered by the
Security or other security, shall be added to the amount due to County from Developer,
and shall be paid to County by Developer, in addition to and with all other amounts due
hereunder.
19. Successors in Interest.
19.1 The original of this Second Restated Agreement shall be recorded with the
Deschutes County Clerk and shall be a condition and covenant that shall run with
the Real Property including any Lots.
19.2 It is the intent of the parties that the provisions of this Second Restated Agreement
shall be binding upon the parties to this Second Restated Agreement, and subject
to the terms contained in Section 20, their respective successors, heirs, executors,
administrators, and assigns, and any other party deriving any right, title or interest
in or to the Real Property or any Lot, including any person who holds such
interest as security for the payment of any obligation, including a mortgagee or
other secured party in actual possession of said Real Property by foreclosure or
otherwise or any person taking title from such security holder.
20. Lot Purchasers.
20.1 Notwithstanding the terms of Section 19, the terms of this Section 20 shall apply
to each Completed Lot as defined in Section 16.2 above.
20.2 Each Completed Lot shall be conveyed free of any obligation to pay money or
complete any obligation arising from or related to this Second Restated
Agreement.
20.3 The owner of a Completed Lot, other than Developer, is under no obligation or
burden to complete the terms and conditions of this Second Restated Agreement.
20.4 The purpose for the recordation of this Second Restated Agreement is to place
owners and prospective purchasers on notice of the Agreement's terms, that the
County has no obligation to construct the Overnight Lodging Required
Improvements or any portion of the Overnight Lodging Required Improvements,
and the Agreement does not in any way guarantee that any of the Overnight
Lodging Required Improvements will be constructed.
20.5 The Agreement conveys no right or right of action by a Completed Lot owner,
other than Developer, against the County for any act or omission of the County
including, but not limited to, County decisions or acts that required or authorized
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the Overnight Lodging Required Improvements, or any part of the Overnight
Lodging Required Improvements, not being constructed.
21. Binding Authorization. By signing this Second Restated Agreement, each signatory
signing in a representative capacity, certifies that the signer is authorized to sign the
Agreement on behalf of and bind the signer's principal.
22. Expiration.
22.1 This Second Restated Agreement shall expire six (6) months after the Completion
Date, or by the County's express written release of Developer from this Second
Restated Agreement.
22.2 Upon expiration, County shall provide Developer with a document in recordable
form, formally evidencing such expiration and the parties agree to execute such
document with fourteen (14) days of receipt of such document by the other party.
23. Survival. County's rights under this Second Restated Agreement, including County's
right to draw upon the Security in whole or in part to pay the full costs and expenses of
completing the Overnight Lodging Required Improvements and repairs or replacements
required herein along with any licenses granted in this Second Restated Agreement and
any costs of enforcement of this Second Restated Agreement, shall survive the expiration
of this Second Restated Agreement.
24. No Agency.
24.1 It is agreed by and between the parties that Developer is not carrying out a
function on behalf of County, and County does not have the right of direction or
control of the manner in which Developer completes performance under this
Second Restated Agreement nor does County have a right to exercise any control
over Developer's activities.
24. 2 Developer is not an officer, employee or agent of County as those terms are used
in ORS 30.265.
25. No Joint Venture or Partnership. County is not, by virtue of this Second Restated
Agreement, a partner or joint venturer with Developer in connection with the Site Plan,
the Overnight Lodging Required Improvements, the Real Property, or any Lot and shall
have no obligation with respect to Developer's debts or other liabilities of each and every
nature.
26. Liens.
26.1 Developer shall pay as due all claims for work done on and for services rendered
or materials furnished to the Real Property and shall keep the Real Property free
from liens.
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26.2 If Developer fails to pay any such claims or to discharge any lien, County may do
so and collect the cost plus ten percent (10%) from the Developer or Surety;
provided, however, County may not pay such claims or discharge any lien while
Developer is timely disputing the validity of such claims or liens.
26.3 Such action by County shall not constitute a waiver of any right or remedy that
County may have on account of Developer's failure to complete the Overnight
Lodging Required Improvements or failure to observe the terms of this Second
Restated Agreement.
27. Indemnification. The County shall not be responsible for any injury to any and all
persons or property caused directly or indirectly by reason of any and all activities of
Developer under this Second Restated Agreement and on the Real Property; Developer
further agrees to defend, indemnify and save harmless County, its officers, agents and
employees from and against all claims, suits, actions, damages, costs, losses and expenses
in any manner resulting from, arising out of, or connected with any such injury.
28. Limitation of Liability. County's liability, if any, pursuant to this Second Restated
Agreement is subject to the Oregon Tort Claims Act, ORS 30.260 to 30.300.
29. Attorney Fees and Costs. In the event an action or suit or proceeding, including appeal
therefrom, is brought by any party arising directly and/or indirectly out of the provisions
of this Second Restated Agreement or the interpretation thereof, for Developer's failure
to complete the Overnight Lodging Required Improvements or to observe any of the
terms of this Second Restated Agreement or the interpretation thereof, County shall be
entitled to recover, in addition to other sums or performances due under this Second
Restated Agreement, reasonable attorney's fees and costs as the court may adjudge in
said action, suit, proceeding or appeal.
30. Waiver.
30.1 Waiver of the strict performance of any provision of this Second Restated
Agreement shall not constitute the waiver of any other provision or of the
Agreement.
30.2 No waiver may be enforced against the County unless such waiver is in writing
and signed by the County.
31. Compliance with provisions, requirements of Federal and State laws, statutes, rules,
regulations, executive orders and policies. Debt Limitation.
31.1 This Second Restated Agreement is expressly subject to the debt limitation of
Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution.
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31.2 Any provisions herein that conflict with applicable law are deemed inoperative to
that extent.
31.3 Additionally, Developer shall comply with any requirements, conditions or
limitations arising under the any Federal or State law, statute, rule, regulation,
executive order and policy applicable to the Overnight Lodging Required
Improvements.
31.4 If this Second Restated Agreement is in any manner construed to constitute the
lending of the County's credit or constitute a debt of County in violation of
Article XI, Section 10, of the Oregon Constitution, this Second Restated
Agreement shall be void.
32. No Inducement. No representations, statements, or warranties have induced the making
and execution of this Second Restated Agreement other than those herein expressed.
33. Governing Law.
33.1 This Second Restated Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon without regard to principles of
conflicts of law.
33.2 Any claim, action, suit or proceeding (each a "Claim") between County and
Developer that arises from or relates to this Second Restated Agreement shall be
brought and conducted solely and exclusively within the Circuit Court of
Deschutes County for the State of Oregon; provided, however, if a Claim shall be
brought in a federal forum, then it shall be brought and conducted solely and
exclusively within the United States District Court for the District of Oregon in
Eugene, Oregon.
33.3 By signing below, Developer hereby consents to the in personam jurisdiction of
the courts identified in Section 33.2.
33.4 The parties agree that the UN Convention on International Sales of Goods shall
not apply.
34. Severability. If any term or provision of this Second Restated Agreement is declared by
a court of competent jurisdiction to be void, invalid or unenforceable in one respect, the
validity of the term or provision in any other respect and that of the remaining terms and
provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced to the extent possible.
35. Counterparts.
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35.1 This Second Restated Agreement may be executed in several counterparts, all of
which when taken together shall constitute one Agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart.
35.2 Each copy of this Second Restated Agreement so executed shall constitute on
original.
35.3. If this Second Restated Agreement is signed in counterpart, each counterpart shall
be recorded as provided herein for the recording of this Second Restated
Agreement.
36. Notice.
36.1 Except as otherwise expressly provided in this Second Restated Agreement, any
communications between the parties hereto or notices to be given hereunder shall
be given in writing to Developer or County at the address or fax number set forth
below or to such other addresses or fax numbers as either parry may hereafter
indicate in writing.
36.2 Delivery may be by personal delivery, facsimile, or mailing the same, postage
prepaid.
36.2.1 Communication or notice by personal delivery shall be deemed delivered
when actually given to the designated person or representative.
36.2.2 Any communication or notice sent by facsimile shall be deemed delivered
when the transmitting machine generates receipt of the transmission.
36.2.3 To be effective against County, such facsimile transmission shall be
confirmed by telephone notice to County's Director of Administrative
Services.
36.2.4 Any communication or notice mailed shall be deemed delivered five (5)
days after mailing. Any notice under this Second Restated Agreement
shall be mailed by first class mail or delivered as follows:
To Developer:
Weston Investment Co. LLC
2154 NE Broadway, Suite 200
Portland, OR 97232-1590
Fax No. 503-284-5458
To County:
Deschutes County Administration
County Administration
1300 NW Wall Street, Ste 200
Bend, Oregon 97701
Fax No. 541-388-4752
37. Time is of the Essence. Time is of the essence of each and every provision of this
Second Restated Agreement.
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38. Captions.
38.1 The captions contained in this Second Restated Agreement were inserted for the
convenience of reference only.
38.2 Captions do not, in any manner, define, limit, or describe the provisions of this
Second Restated Agreement or the intentions of the parties.
39. Amendment.
39.1 The Agreement may only be amended by written instrument signed by both
parties and recorded pursuant to Section 5.3 except that an amendment shall not
be recorded against any Completed Lot.
39.2 For purposes of Section 39. 1, the signatures of the County shall be the signatures
of the Board.
39.3 Developer shall make application and pay the applicable fee to bring a proposed
amendment before the Board.
40. Merger Clause. This Second Restated Agreement and the attached exhibits constitute
the entire agreement between the parties and supersedes any and all prior or
contemporaneous negotiations and/or agreements among the parties, whether written or
oral.
41. Effective Date. Notwithstanding mutual execution of this Second Restated Agreement,
this Second Restated Agreement shall not become effective until recorded.
42. Release. Upon recording of this Second Restated Agreement, County hereby releases all
parties to the Original Improvement Agreement and current or former owners of
Development Tracts AA and AB, other than Developer, from any and all obligations
under the Original Improvement Agreement.
[signatures on next page]
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EXHIBIT B
OVER NIGHT LODGING REQUIRED UNITS
19 Overnight Lodging Units in 5 detached structures on Lots 30-34 as approved and as
further described in County Planning File No. 247 -17 -000850 -SP.
Exhibit B to Tetherow Destination Resort Overnight Lodging Improvement Agreement,
Deschutes County Document No. 2019-720
EXHIBIT C
COPY OF FILE NO. 247 -17 -000850 -SP
[attached]
Exhibit C to Tetherow Destination Resort Overnight Lodging Improvement Agreement,
Deschutes County Document No. 2019-720
EXHIBIT D
COPY OF ILOC
[attached]
Exhibit D to Tetherow Destination Resort Overnight Lodging Improvement Agreement,
Deschutes County Document No. 2019-720
Dated this of , 2019 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
STATE OF OREGON, County of Deschutes
PHILIP G. HENDERSON, Chair
PATTI ADAIR, Vice -Chair
ANTHONY DEBONE, Commissioner
) ss.
Before me, a Notary Public, personally appeared ANTHONY DEBONE, PHILIP G.
HENDERSON, PATTI ADAIR, 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 , 2019
DATED this _ day of
Notary Public, State of Oregon
2019 DEVELOPER:
By:
Its:
STATE OF OREGON, County of Deschutes ) ss.
Before me, a Notary Public, personally appeared
acknowledged the foregoing instrument as
DATED this _ day of , 20
Notary Public, State of Oregon
of
and
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FINDINGS AND DECISION
FILE NUMBER: 247 -17 -000848 -MC, 849 -TP, 850 -SP, 18 -336 -MA
APPLICANT/OWNER: Tetherow Vacation Homes, LLC
APPLICANT'S ATTORNEY: Garrett Chrostek
PRIOR PROPOSAL: Applicant's submitted application proposes two vacant lots (30
and 34) that could be used for either residential or commercial
purposes. The proposal also included attached Lock -Off
structures on three lots (31-33) totaling 15 OLUs and 13,890
square feet of enclosed space. Finally, the submittal proposal
also included two additional lots (35 and 36) that contained
two Lock -Off with a total of 4 OLUs and 2,576 square feet of
enclosed space. In sum, the application proposed 33 OLUs, in
12 structures, totaling 25,482 square feet of enclosed space,
and creating 14 lots. Finally, applicant also seeks a modification
of the Tetherow CMP/FMP to reduce the front yard setback for
commercial uses and to allow either commercial uses or
residential uses on two of the newly created lots.
MODIFICATION: Applicant is now proposing that Lots 30-34 be developed
with 4 Lock -Offs and a standalone vacation rental
structure totaling 17,709 square feet. Lot 30 will be
developed as a single rentable unit, the Lock -Off on Lot 32
will have three OLUs, and Lock -Offs on Lots 31, 33, and 34
will have 5 OLUs each. Lots 35 and 36, and the Lock -Offs
thereon, are no longer proposed. In sum 33 OLUs are still
proposed, but in 12 structures, on 12 lots, and for a total of
26,725 square feet of enclosed space. No residential uses
are proposed. There will still be attached structures on
Lots 23-28.
LOCATION: The Subject Property is identified as Development Tract CB of
Tetherow Vacation Homes, Phase IA and Lots 1 and 2 of the
Tetherow Vacation Homes, Phase IB. The subject property has
an assigned address of 19206 Solomon Drive, and is identified
11 7 NVd Lafayc.,tce Avenue, Bend, Orr-slon 97703 P.O- Box 6005, Fiend, OR 97708-0005
� (5/i- I) -338-6575 @ cdd(a)descl-iules .org WVAw.deschuLes.org/cc
on County Assessor Tax Map 181111 DD, as tax lot 104 and
Map 181112CC, as tax lot 100.
STAFF CONTACT: Will Groves, Senior Planner, willg@deschutes.org, (541) 388-
6518
DOCUMENTS: Can be viewed and downloaded from
http://dial.deschutes.org/Search/General or
https•//aca.oregon.accela.com/oregon/.
I. STANDARDS AND APPLICABLE CRITERIA
Tetherow (formerly known as Cascade Highlands) Destination Resort Master Plans,
as outlined in County File Nos.: CU -04-94 and M-05-2.
Deschutes County Code
Title 17 - Subdivisions
Chapter 17.16, Approval of Subdivision Tentative Plans and Master Development
Plans
Chapter 17.20, Zero Lot Subdivision
Chapter 17.36, Design Standards
Chapter 17.44, Park Development
Chapter 17.48, Design and Construction Specifications
Title 19 - Bend Urban Grown Boundary Zoning Ordinance
Chapter 19.12, Urban Area Reserve - UAR
Chapter 19.76, Site Plan Review
Chapter 19.80, Off -Street Parking and Loading
Chapter 19.106, Destination Resorts
Title 22- Deschutes County Development Procedures Ordinance
Chapter 22.20., Review of Land Use Action Applications
Chapter 22.36, Limitations on Approvals
Oregon Revised Statutes (OAR) Chapter 92, Subdivisions and Partitions
II. BASIC FINDING:
A. LOCATION: The Subject Property is identified as Development Tract CB of Tetherow
Vacation Homes, Phase IA and Lots 1 and 2 of the Tetherow Vacation Homes, Phase
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 2
IB. The subject property has an assigned address of 19206 Solomon Drive, and is
identified on County Assessor Tax Map 181111 DD, as tax lot 104 and Map
181112CC, as tax lot 100.
B. LOT OF RECORD: The Subject Property was legally established as Development Tract
CB of the Tetherow Vacation Homes Phase IA subdivision and Lots 1 and 2 of the
Tetherow Vacation Homes Phase IB subdivision.
C. ZONING: The subject property is zoned Urban Area Reserve (UAR10), and is within
a Destination Resort (DR) overlay zone.
D. ORIGINAL PROPOSAL: Applicant's submitted application proposes two vacant lots
(30 and 34) that could be used for either residential or commercial purposes. The
proposal also included attached Lock -Off structures on three lots (31-33) totaling 15
OLUs and 13,890 square feet of enclosed space. Finally, the submittal proposal also
included two additional lots (35 and 36) that contained two Lock -Offs with a total of
4 OLUs and 2,576 square feet of enclosed space. In sum, the application proposed
33 OLUs, in 12 structures, totaling 25,482 square feet of enclosed space, and
creating 14 lots. Finally, applicant also seeks a modification of the Tetherow
CMP/FMP to reduce the front yard setback for commercial uses and to allow either
commercial uses or residential uses on two of the newly created lots.
E. MODIFICATION: Applicant is now proposing that Lots 30-34 be developed with 4
Lock -Offs and a standalone vacation rental structure totaling 17,709 square feet.
Lot 30 will be developed as a single rentable unit', the Lock -Off on Lot 32 will have
three OLUs, and Lock -Offs on Lots 31, 33, and 34 will have 5 OLUs each. Lots 35 and
36, and the Lock -Offs thereon, are no longer proposed. in sum 33 OLUs are still
proposed, but in 12 structures, on 12 lots, and for a total of 26,725 square feet of
enclosed space. No residential uses are proposed. There will still be attached
structures on Lots 23-28.
F. SITE DESCRIPTION: The Subject Property consists of Development Tract CB of the
Tetherow Vacation Homes Phase IA subdivision and Lots 1 and 2 of the Tetherow
Vacation Homes Phase IB subdivision. It is further identified as Tax Lots
181112CC00100, 181111 DD00106, and 181111 DD00104. The subject property is
located on the plateau in the south-central portion of the Tetherow Destination
Resort and north of Skyline Ranch Road and Meeks Trail. Tract CB is 2.43 acres and
Lots 1 and 2 are 0.14 and 0.15 acres respectively. Each of the lots comprising the
Subject Property are rectangular in shape. There is scattered native vegetation on
Tract CB, without any trees, and Lots 1 and 2 lack any vegetation.
The structure on this Lot will have the same design as the Paulina House, but it will have a more open floor
plan that will only lend itself to being rented by a single party.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 3
G. SURROUNDING LAND USES: The surrounding parcels are all part of the Tetherow
Destination Resort and comprise part of the "commercial core". The Subject
Property is bordered to the east by Development Tract AB North (as reconfigured),
which is vacant. To the north is the golf course and driving range. West of the
Subject Property is the 26 -unit Highlands Lodge. Individually owned overnight
lodging units are located south of the Subject Property. Further to the southwest is
the fitness center, guest services building, and the event pavilion.
H. PUBLIC COMMENTS: Notice of this application and the modification was provided
to all property owners within the Tetherow Resort and all owners within 250 feet of
the exterior boundaries of the subdivision. No adverse public comments were
received, as a comment with initial opposition was subsequently retracted.
I. REVIEW PERIOD: These applications were submitted on October 12, 2017 and
modified on April 10, 2018. The modification, which reset the 150 -day clock, was
accepted and deemed complete on May 10, 2018. The 150th day on which the
County must take final action on this application is presently October 10, 2018.
J. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several
agencies and received the following comments:
Deschutes County Road Department [Responding to the Original Proposall: I have
reviewed the application materials for the above -referenced file numbers,
proposing a 14 -lot subdivision on Tract CB of Tetherow Vacation Homes Phase 1A,
parking lots on Lots 1 and 2 of Tetherow Vacation Homes Phase 1 B, and revision of
the Tetherow Conceptual Master Plan ("CMP") (File #CU -04-94) and Final Master Plan
("FMP") (File #M-05-2) to reduce front yard setback for commercial uses and to allow
commercial uses or residential uses on two proposed lots.
The subject property has frontage to Tetherow Dr. and Solomon Dr., both private
roads within Tetherow Vacation Homes Phase 1A. The proposed land uses include
the continuation of those existing private roads and the construction of new private
roads consistent with DCC 19.106 and the Tetherow CMP/FMP.
Deschutes County Road Department requests that approval of these proposed land
uses be subject to the following conditions:
1. Applicant shall submit road improvement plans designed by a
registered professional engineer to Road Department for approval
prior to commencement of construction pursuant to DCC 17.40.020
and 17.48.060. Improvements shall be constructed under the
247 -17 -000484 -MC / 485 -TP 1486 -SP / 18 -336 -MA 4
inspection of a registered professional engineer consistent with ORS
92.097 and DCC 17.40.040.
2. Road improvement design and construction shall be in accordance
with all applicable sections of DCC 17.48 and the approved Tetherow
Vehicle and Pedestrian Access Plan.
3. Drainage improvement design and construction shall be in
accordance with DCC 17.48.190.
4. Maintenance of all proposed roads and drainage facilities shall be
assigned to a home owners association by covenant or agreement
pursuant to DCC. 17.16.040 and 17.48.180(E).
5. All easements of record or existing rights-of-way shall be noted on the
final subdivision plat.
Deschutes County Transportation Planner LResponding to the Application as
Modifiedl: I have reviewed the transmittal materials for the revised 247-17-000848-
MC/849-TP/850-SP for a 14 -lot subdivision which still results in 33 overnight lodging
units (OLUs) on Tract CB of Tetherow Vacation Homes, Phase 1A and parking lots on
Lots 1 and 2 of Tetherow Vacation Homes Phase 1 B and commercial uses or
residential uses on two newly created lots plus a modification of Tetherow
Conceptual Master Plan (CMP) and Final Master Plan (FMP). The property is
identified as 19206 Solomon Drive, aka 18-11-11 DD, Tax Lot 104 and 18-11-12CC,
Tax Lot 100.
Board Resolution 2013-020 sets a transportation system development charge (SDC)
rate of $3,937 per p.m. peak hour trip. The ITE Trip Generation Manual indicates
Resort Hotel (Land Use 330) generates 0.42 p.m. peak hour trips per room;
therefore the initial SDC is $54,567 ($3,937 X 0.42) X 33. The Board has further
decreed under Res. 2013-020(4)(A)(1) that SDCs in Tetherow be charged at a 50%
rate. The applicable SDC is thus $27,284 ($54,567/2). The SDC is due prior to
issuance of certificate of occupancy; if a certificate of occupancy is not applicable,
then the SDC is due within 60 days of the land use decision becoming final.
Bend Fire Department (Responding to the Application as Modifiedl:
FIRE APPARATUS ACCESS ROADS:
Approved fire apparatus access roads shall be provided for every
facility, building or portion of a building hereafter constructed or
moved into or within the jurisdiction. The fire apparatus access road
shall comply with the requirements of this section and 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
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 5
approved route around the exterior of the building or facility. 2014
OFC 503.1.1
Fire apparatus roads shall have an unobstructed width of not less
than 20 feet, exclusive of shoulders, except for approved security
gates in accordance with Section 503.6, and an unobstructed vertical
clearance of not less than 13 feet 6 inches. Where a fire hydrant is
located on a fire apparatus road, the minimum width shall be 26 feet,
exclusive of shoulders. Traffic calming along a fire apparatus road
shall be approved by the fire code official. Approved signs or other
approved notices or markings that include the words NO PARKING -
FIRE LANE shall be provided for fire apparatus roads to prohibit
parking on both sides of fire lanes 20 to 26 feet wide and on one side
of fire lanes more than 26 feet to 32 feet wide. 2014 OFC 503.2.1,
D 103.1, 503.4.1, 503.3
FIRE PROTECTION WATER SUPPLIES:
An approved water supply capable of supplying the required fire flow
for fire protection shall be provided to premises upon which facilities,
buildings or portions of buildings are hereafter constructed or moved
into or within the jurisdiction. 2014 OFC 507.1
Fire flow requirements for buildings or portions of buildings shall be
determined by an approved method. Documentation of the available
fire flow shall be provided to the fire code official prior to final
approval of the water supply system.
In areas without water supply systems, the fire code official is
authorized to use NFPA 1142 in determining fire flow requirements.
2014 OFC B107.1
OTHER FIRE SERVICE FEATURES:
• New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road
fronting the property. These numbers shall be Arabic numbers or
alphabetical letters. Numbers shall be a minimum 4 inches high with
a minimum stroke width of 0.5 inch. Where access is by means of a
private road and the building cannot be viewed from the public way, a
monument, pole, or other sign or means shall be used to identify the
structure. Address numbers shall be visible under low light conditions
and evening hours. Provide illumination to address numbers to
provide visibility under all conditions. Address signs are available
through the Deschutes Rural Fire Protection District #2. An address
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 6
sign application can be obtained from the City of Bend Fire
Department website or by calling 541-388-6309 during normal
business hours. 2014 OFC 505.1
• A KNOX-BOX® key vault is required for all newly constructed
commercial buildings, facilities or premises to allow for rapid entry for
emergency crews. A KNOX@ Key Switch shall be provided for all
electrically operated gates restricting entry on a fire apparatus access
road. A KNOX@ Padlock shall be provided for all manually operated
gates restricting entry on a fire apparatus road and security gates
restricting access to buildings. 2014 OFC Section 505
Deschutes County Building Division: Notice: The Deschutes County Building Safety
Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire
Fighting Water Supplies, etc., must be specifically addressed during the appropriate
plan review process with regard to any proposed structures and occupancies.
Accordingly, all Building Code required items will be addressed, when a specific
structure, occupancy, and type of construction is proposed and submitted for plan
review. All units required by state law to be available for overnight
accommodations will be reviewed for accessibility and fire suppression.
The following agencies did not respond or had no comments: City of Bend
Engineering, City of Bend Planning, City of Bend Growth Management, Bend Metro
Parks and Recreation, Deschutes County Environmental Soils, Deschutes County
Environmental Health, Bend/La Pine School District, Deschutes County Assessor,
Deschutes County Address Coordinator, Deschutes County Surveyor, and City of
Bend Public Works.
K. LAND USE HISTORY: Tetherow was approved as a destination resort comprised of
379 single-family residential units, 210 multi -family residential units, 300 OLUs and a
golf course under CU -04-94 (the "Conceptual Master Plan" or "CMP"), as modified in
February 2005, finalized under M-05-2 (the "Final Master Plan" or "FMP"), and
modified in October 2005. Tentative Plan TP -06-973 ("Phase 1 Tentative Plan") was
subsequently approved on October 11, 2006, allowing creation of 379 single-family
dwelling lots, 10 resort core area tracts (including the subject Tracts), common area
tracts, golf tracts, and 1 park tract. The subject property was created and platted on
September 24, 2007.
The approval of the CMP and FMP mandated that a sufficient number of OLUs be
constructed or financially assured to maintain a 2:1 ratio between residential units
and overnight lodging units. Tract AB received Site Plan approval for 198 overnight
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 7
lodging units per CU -07-11, SP -07-6, TP -07-990, and MC -08-6, which were financially
assured.
Under SP -12-11, Site Plan approval was granted to move the 198 overnight lodging
units approved under SP -07-6 on Development Tract AB onto to Development Tract
AA. The 198 units proposed for Tract AA were configured as two hotel buildings with
94 and 74 overnight units respectively and four "cottages" containing 30 units
between the four "cottages."
Through MC -12-4, the applicant obtained a Modification of the Conceptual Master
Plan (CMP) and Final Master Plan (FMP) to allow Development Tracts Y, Z, AA and AB
as set forth in the Tetherow Phase 1 Final Plat (2007-51564) to be developed with a
mix of visitor -oriented overnight accommodations (for lodging, meals and meetings),
commercial uses ancillary thereto and other residential uses without adding any
new or additional uses to those contemplated by the original Tetherow approvals.
Through SP -12-22, the County granted another Site Plan approval for the same 198
overnight lodging units, an outdoor conference/meeting tent area, and a 1,990
square foot guest services building on Development Tract AA. The proposed OLUs
were to be configured as a 26 -unit lodge building; a 94 -unit hotel; and a 78 -unit
hotel. This proposal superseded all previous site plans on the subject property. The
26 -unit lodge building and guest service building, as indicated above, received
building permits and certificates of occupancy, and are presently in use.
County File No. SP -14-2 approved a reduction of overnight units from 198 to 159 on
Tract AA. However, under condition of approval #12 of that decision, the applicant is
required to record a new or amended improvement agreement bonding units as
approved under SP -14-2, prior to issuance of building permits under SP -14-2.
Through MC -13-3, the CMP and FMP were amended to apply the 2.5:1 ratio set forth
in DCC 19.04.040 and DCC 19.106.060(D), which followed a change in state law.
Consequently, the County approved a modification to the SP -12-22 site plan in SP -
14 -2 to replace the 78 -unit hotel with a 39 -unit hotel building thus reducing the
number of approved overnight lodging units on Tract AA to 159.
Through MC -13-8, the applicant obtained a Modification of the Conceptual Master
Plan (CMP) and Final Master Plan (FMP) maps to allow Development Tracts AC, AG,
and AH as set forth in the Tetherow Phase 1 Final Plat (2007-51564) to be developed
with a mix of residential housing types known as Other Residential Uses (ORUs)
without adding any new or additional uses to those contemplated by the original
Tetherow approvals.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 8
In MC 14-1, applicant VRE obtained approval to modify the CMP/FMP to convert the
29 townhome units on Development Tract AC to detached single family dwellings
thus changing the overall mix of residential development to 408 single family lots
and 181 townhomes. MC 14-1 also approved a Tentative Subdivision Plan to
establish the 29 single family lots.
Through 247 -14 -000141 -TP, 247 -14 -000142 -SP, 247 -14 -000143 -MC, and 247 -14-
000196 -MA, the Applicant obtained Modification of Approval to amend the
Conceptual Master Plan and Final Master Plan to allow for 6 single family houses on
Development Tract AD. Also approved was a Tentative Plan for a phased subdivision
comprised of 24 lots and three common area tracts as well as Site Plan Approval for
18 zero lot line duplex townhome units.
Through 247 -14 -000431 -MC, the applicant obtained a Modification of Approval to
amend the Conceptual Master Plan ("CMP") and Final Master Plan ("FMP") to reduce
the required availability of individually owned overnight lodging units to the general
public from 45 to 38 weeks per calendar year, as allowed under DCC 19.106 and
state law, and to amend the Vehicle and Pedestrian Access Plan for
Commercial/Recreational Development.
Through 247 -14 -000430 -CU, 429 -SP, and 428 -TP, the applicant obtained Tentative
Plan approval for a phased subdivision comprised of 22 lots, 3 development tracts,
11 common area tracts, and 6 private road tracts along with site plan approval for
the development of 133 overnight lodging units in 23 structures and conditional use
approval for off-site parking.
Through 247 -15 -000361 -MC, the applicant modified the Conceptual Master Plan
("CMP") and Final Master Plan ("FMP") and MC -12-4 approvals for the Tetherow
Destination Resort to amend the trip generation rates of single and multifamily
dwellings, the definition of multi -family housing, and the dimensional standards for
Commercial and Recreational development.
Through 247 -15 -000138 -TP, 139 -MC, and 140 -SP, the applicant modified the
Conceptual Master Plan and Final Master Plan for the Tetherow Destination Resort
to allow for 4 single family homes/lots in lieu of 4 townhomes on Development Tract
AB South, and received approval to replat of a portion of Common Area Tract DB, as
well as Tract A and B of the Outrider Overlook Subdivision. A Tentative Plan approval
for a subdivision comprised of 10 lots and Site Plan Approval for 6 of these lots as
zero lot line duplex townhome units was also granted.
Through 247 -15 -000312 -SP, the applicant received Site Plan approval for a
Recreation Center facility within the Tetherow Resort, to include a 13,384 square
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 9
foot Fitness Center and indoor pool building, 25 -meter outdoor pool, hot tub,
outdoor decks and cabanas, gas fire pit, bocce ball court, related ancillary facilities,
and vehicular parking area.
Under 247 -15 -000102 -MC and 247 -15 -000101 -TP, the applicant has requested
Modification of Approval to modify the Conceptual Master Plan and Final Master
Plan for the Tetherow Destination Resort to allow for 15 single-family dwellings on
Development Tracts 'AG' and 'AH'. The applicant also requested a Tentative Plat for
a phased subdivision comprised of 15 lots, one common area tract, and one private
road tract. This approval is not yet final as of the writing of this decision.
Through 247-15-484-MC/485-TP/486-SP, the applicant modified the Conceptual
Master plan and Final Master Plan for the Resort to allow for 29 single family
dwellings in lieu of 29 multi -family units, and gained Site Plan approval for 55
overnight lodging units on 11 lots, all on Development Tract'Y'.
Under, 247 -17 -000125 -MC the Applicant modified the approved Tentative
Subdivision Plan (247 -15 -485 -TP) within the Tetherow Destination Resort, to add 3
single family residential lots, increasing the total residential lots within the
subdivision from 29 to 32; and to amend the Final Master Plan and Conceptual
Master Plan for the Resort with regard to residential units mix, adding the three
single family residential lots and deleting three Multi -Family residential units. The
total number of approved residential units for the entire Tetherow resort of 589,
remains the same, no increase in total units is proposed.
III. FINDINGS:
Compliance with Conceptual and Final Master Plan
This application is subject to the conditions of approval included in the Conceptual Master
Plan approval (CU -04-94), and the Final Master Plan approval (M-05-2), modified as
described is the "Land Use History" section above. The following Conditions of Approval
from the CMP and FMP that are applicable to the proposal are addressed as follows:
CMP #1/FMP #2. All development in the resort shall require tentative plat approval
through Title 17 of the County Code, the County Subdivision/Partition
Ordinance, and/or Site Plan Review through Title 19 of the County
Code, the Bend Urban Growth Boundary Ordinance.
FINDING: The Applicant has requested Tentative Plan approval under Title 17 and Site Plan
Review under Title 19. This condition is met by the submittal of this application.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 10
CMP #3/FMP #3. As specified by the County Road Department.
a. Road improvement plans shall be approved by the Road
Department prior to construction.
b. Lots within the resort shall not have direct access from
Skyline Ranch Road or Metolius Drive.
e. The internal road system, driveways, and parking facilities
shall be improved to standards consistent with the approved
Vehicle and Pedestrian Access Plan.
FINDING: As shown on the submitted Tentative Subdivision and Site Plans, no direct
access to Skyline Ranch Road or Metolius Drive is proposed. The proposed private internal
road system, driveways, and parking facilities are in conformance with the requirements
for, and are consistent with, the approved Vehicle and Pedestrian Access Plan ('VPAP") for
the resort. As a condition of approval, Road improvement design and construction shall be
in accordance with all applicable sections of DCC 17.48 and the approved Tetherow Vehicle
and Pedestrian Access Plan.
CMP #6/FMP #4. All portions of the proposed resort must be managed and operated
in an integrated manner. Failure to comply with this standard will
void resort approval.
FINDING: The proposal is consistent with the location of OLUs as set forth in the CMP and
FMP. As proposed, the internal road system and pedestrian paths are consistent with
existing and proposed access points on adjoining Resort properties and ensure adequate
circulation within the Subject Property and with the remainder of the Resort. Accordingly,
the proposed Tentative Plan and Site Plan, discussed in greater detail below, allow for
management and operation of the Resort in an integrated manner.
CMP #7/FMP #5. During all phases of the development, the developer and/or its
successors in interest shall ensure that individually -owned
residential units shall not exceed two and one-half such units for
each unit of visitor -oriented overnight lodging. Individually owned
units may be considered overnight lodgings if they are available for
overnight rental use by the general public for at least 38 weeks per
calendar year through a central reservation system operated by the
destination resort or by a real estate property manager, as defined
in ORS 696.010.
FINDING: The required ratio of 2.5:1 individually owned residential units to visitor oriented
lodging, and the availability of the visitor oriented lodging for 38 weeks is ensured through
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 11
CMP, FMP and TP conditions of approval. Continued compliance with these requirements
is discussed in detail, under findings for DCC 19.106.060(D)(2) and is incorporated herein by
reference.
CMP #8/FMP #6. Commercial, cultural, entertainment or accessory uses provided as
part of the destination resort shall comply with the requirements
and limitations of Section 19. 106.070(Q). Specific determination of
compliance with this condition shall be made initially at the time of
FMP approval and finally at the time of site plan approval for each
individual commercial component of the FMP.
FINDING: Compliance with this requirement was confirmed in the FMP approval. DCC
19.106.070(Q) reads as follows:
"The commercial uses developed as part of the resort will be contained within the
project and not oriented to public highways adjacent to the property. The
commercial uses permitted in the destination resort will be limited in type and levels
of use necessary to meet the needs of resort visitors. A commercial use is necessary
to serve the needs of visitors if:
1. Its primary purpose is to provide goods or services that are typically
provided to overnight or other short-term visitors to resorts, or the use is
necessary for operation, maintenance or promotion of the destination
resort; and
2. The use is oriented to the resort and is located away from or screened
from highways or other major through roadways."
The proposal seeks to create overnight lodging units, which are a required component of
the Resort approval. While the term "commercial use" in DCC 19.106.070(Q) appears to be
aimed at commercial retail type use, the language of this criterion is sufficiently ambiguous
that it likely encompasses OLUs. The CMP approval anticipated that the overnight lodging
accommodations would be located within this area of the Resort as the area was
designated for commercial uses. OLUs are necessary for the operation, maintenance, and
promotion of the Resort.
The site of the proposed project is located behind the ridge that rises from Century Drive.
The ridge and the height of the structures will screen the uses from Century Drive and
other exterior roadways. This criterion is satisfied.
CMP #9/FMP #7. Commercial, cultural, entertainment or accessory uses provided as
part of the destination resort shall be contained within the
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 12
development and shall not be oriented to public roadways.
Commercial, cultural and entertainment uses allowed within the
destination resort shall be incidental to the resort itself. As such,
these ancillary uses shall be permitted only at a scale suited to serve
visitors to the resort. Compliance with this requirement shall also be
included as a condition of FMP approval. The maximum building
height for commercial, cultural and entertainment uses shall be 40
feet.
FINDING: As discussed above, the proposed OLU facilities are located well within the
resort boundaries, and are not oriented towards public roadways. The uses are incidental
to the resort itself, as they are required elements of the resort. The submitted plans for the
OLUs demonstrate the units are less than 40 feet in height.
CMP #10/FMP #8. The applicant and its successors shall guarantee that all open space
used to meet the 50% open space requirement of Section
19.106.030(E) and 19.106.060(D). In addition, all trails currently
depicted on the conceptual plan map as being "public trails" shall
remain open and available to the public.
FINDING: The total acreage of the Resort is 691.2 acres. Therefore, 345.6 acres must be
dedicated to permanent open space, excluding yards, streets and parking areas. Portions
of individual residential lots and landscape area requirements for developed recreational
facilities, visitor -oriented accommodations or multi -family or commercial uses established
by DCC 19.76.080 are not considered open space.
Many plats have been recorded, committing resort acreage to dedicated permanent open
space, as follows:
1. Golf Course- Golf Tracts 216.2 acres
(Golf tracts area per Tetherow Phase 1 Plat)
2. Tetherow Phase 1 Common Area Tracts 50.0 acres
3. Tetherow Phase 2 Common Area Tracts 10.4 acres
4. Tetherow Phase 3 Common Area Tracts 12.5 acres
5. Tetherow Phase 4 Common Area Tracts 1.3 acres
6. Tetherow Phase 5 Common Area Tracts 17.9 acres
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 13
7. Golf Homes at Tetherow Common Area Tracts 0.8 acres
8. Tetherow Phase 7 Common Area Tracts 14.0 acres
9. 247 -17000121 -MC Modification (Not yet platted) 30.8 acres
Total
353.9 acres
Assuming the full platting of 247 -17000121 -MC, there would be 353.9 acres of open space
and 676.57 acres of developed resort, which means 52.3 percent of the Resort is in open
space. 14.6 acres (Development Tracts AB North and CB) are yet to be developed lands.
When those fully develop, the total resort area will be 691.2 acres, and the total resort
open space requirement would be 345.6 acres. The dedicated open space exceeds the
required open space.
CMP #11/FMP #9. The applicant and its successors in interest shall guarantee that all
development would comply with the financial commitment and
minimum development requirements set out in DCC 19.106.060(A).
Guarantees shall be in the form satisfactory to the county to ensure
that the development would be completed consistent with this
approval, and may include bonds, certificates of participation, and
deed restrictions to ensure compliance with open space and
developed recreation standards. Failure to comply with these
requirements would void the resort approval.
FINDING: Tetherow entities have executed Improvement Agreement(s) with the County
consistent with County policy to financially secure the resort obligations set out in DCC
19.106.06(A). The Applicant has proposed to concurrently seek an amendment to the
Improvement Agreement securing the development of overnight lodging units on the
former Tract AA to reflect overnight lodging units built to date and the modified site plan
proposed in this application.
FMP #10. All single-family dwellings, multi family units, commercial structures, and
other resort facilities are exempted from the requirements of meeting the
solar setback standards.
FINDING: The proposed development is exempted from the requirements of meeting the
solar setback standards.
CMP #16/FMP #12. All development within the proposed resort shall meet all fire
protection requirements of the Bend Fire Department.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 14
FINDING: Staff incorporates by reference the Bend Fire Department comment, quoted in
full above, herein. As a condition of approval, that the applicant shall submit a letter from
the Bend Fire Department confirming the platted configuration of the subdivision will
conform to applicable Fire Code, prior to final plat approval.
CMP #17/FMP #13. No development shall be allowed on slopes of 25% or more on the
site.
FINDING: The Subject Property is generally flat, but does drop towards the golf course. As
demonstrated on the Preliminary Grading and Stormwater Control Plan submitted as
Exhibit 7, no development is proposed on slopes of more than 25%.
CMP #21/FMP #15. Proposed drywells shall be approved by the Department of
Environmental Quality (DEQ).
FINDING: The submitted plans indicate drywells may be used to contribute to stormwater
management and disposal for the site. As a condition of approval, any drywells shall be
approved by the Department of Environmental Quality (DEQ).
CMP #22/FMP #16. Building heights and setbacks shall conform to the limits set forth in
this decision and shall be incorporated into the Design Guidelines for
the resort.
FINDING: Applicable building setbacks and building height allowances are addressed in the
approved Tetherow Resort Dimensional Standards (Exhibit E) and the "Height Restrictions
Area Map, (Exhibit A-6), both as approved under the FMP (M-05-2). Relative to Exhibit E,
this proposal also falls under Commercial and Recreational category of the Dimensional
Standards, with the following Requirements:
A. Height Regulations. No building or structure shall be hereinafter erected,
enlarged, or structurally altered to exceed 40 feet in height, except within
the height restriction area depicted on the attached Exhibit "C" where no
buildings or structures in excess of 30 feet above the existing grade shall be
constructed, and except within certain areas indicated on the attached
Exhibit A-6, where height restriction to 35 feet, and 39 feet apply.
B. Lot Area. No requirements
C. Lot Width. No requirements.
D. Lot Depth. No requirements.
E. Front Yard The front yard shall be a minimum often feet.
F. Side Yard None, except for a side lot line adjoining a residential lot, and
then the side yard shall be a minimum of ten feet.
G. Rear Yard None, except for a rear lot line adjoining a residential lot, and
then the rear yard shall be a minimum of 20 feet.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 15
There are no special height limitations on the Subject Property. The reconfigured Lots 30-
34 comply with these dimensional and setback requirements as shown on the Modified
Tentative Plan and Modified Site Plan. The proposed structures are less than 40 feet tall as
shown on the Paulina House Architectural Plans and Paulina View Architectural Plans
submitted as Exhibit 18 and Exhibit 19. As proposed, the Paulina View structure is the
tallest structure at 28.5 feet.
As discussed below, the Applicant is proposing to amend the Dimensional Standards to not
require any front yard setback within the Commercial Core. The Subject Property does not
adjoin a residential lot and thus there are no side yard requirements. The adjoining
Development Tract AB, which is presently vacant, is a development tract and not a
residential lot. Although residential development could occur on Development Tract AB, it
is designated for commercial and recreational development. Thus, it may never be
subdivided to create residential lots and may never include any form of residential
development. In any event, the only proposed boundaries adjoining the dimensional
standards do not impose a minimum frontage requirement and part of the proposed
amendment to the Dimensional Standards is to explicitly provide that no minimum
frontage is required.
Title 22 of the Deschutes County Code, the Development Procedures Ordinance
A. Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS
Section 22.20.055. Modification of Application.
A. An applicant may modify an application at any time during the
approval process up until the close of the record, subject to the
provisions of DCC 22.20.052 and DCC 22.20.055.
FINDING: The modification was submitted during the open record period for this proposal.
B. The Planning Director or Hearings Body shall not consider any
evidence submitted by or on behalf of an applicant that would
constitute modification of an application (as that term is defined in
DCC 22.04) unless the applicant submits an application for a
modification, pays all required modification fees and agrees in
writing to restart the 150 -day time clock as of the date the
modification is submitted. The 150 -day time clock for an application,
as modified, may be restarted as many times as there are
modifications.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 16
FINDING: As part of its submission, Applicant included an application for a Modification of
Application and paid all required fees. The 150 -day clock may be restarted to process the
underlying application as modified.
C. The Planning Director or Hearings Body may require that the
application be re -noticed and additional hearings be held.
FINDING: This modification was renoticed.
D. Up until the day a hearing is opened for receipt of oral testimony,
the Planning Director shall have sole authority to determine whether
an applicant's submittal constitutes a modification. After such time,
the Hearings Body shall make such determinations. The Planning
Director or Hearings Body's determination on whether a submittal
constitutes a modification shall be appealable only to LUBA and
shall be appealable only after a final decision is entered by the
County on an application.
FINDING: The Planning Director has determined that this modification constitutes a
Modification of Application.
B. Chapter 22.36, LIMITATIONS ON APPROVALS
Section 22 36.040. Modification of Approval.
A. An applicant may apply to modify an approval at any time after a
period of six months has elapsed from the time a land use action
approval has become final.
FINDING: The CMP (CU -04-94) was approved in February 2005 and the Final Master Plan
was approved in October 2005. More than six months have elapsed since those approvals
became final.
B. Unless otherwise specified in a particular zoning ordinance
provision, the grounds for filing a modification shall be that a change
of circumstances since the issuance of the approval makes it
desirable to make changes to the proposal, as approved. A
modification shall not be filed as a substitute for an appeal or to
apply for a substantially new proposal or one that would have
significant additional impacts on surrounding properties.
FINDING: The Applicant responded to this criterion as follows:
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 17
There have been several changes in circumstances since the original approval that
makes it desirable to modify the CMP/FMP to adjust the dimensional standards.
First, there is greater demand for village -style lodging accommodations. Allowing
lodging accommodations to be sited closer to the property line, with less street
frontage, creates the more intimate village appearance desired by guests of the
Resort. Second, the applicant has installed a number of extra wide sidewalk and
pedestrian paths that feature landscaping and must satisfy landscaping
requirements. Accordingly, the reduced setbacks will not allow for the development
to be devoid of "green" areas.
The proposed modifications modify discrete design characteristics of the Resort and
will not fundamentally change the look, feel, or function of the Resort. As the Resort
is subject to a trip cap, none of the proposed modifications will allow for greater or
more intensive development than permitted under the existing approvals. The
areas affected by the proposed modifications are interior to the site and
surrounding by Resort amenities such as the hotel structures, guest services
building, and the golf course.
Staff notes that no party has identified the proposed changes as undesirable. Staff concurs
that the proposed changes are not filed as a substitute for an appeal or to apply for a
substantially new proposal or one that would have significant additional impacts on
surrounding properties.
C. An application to modify an approval shall be directed to one or
more discrete aspects of the approval, the modification of which
would not amount to approval of a substantially new proposal or
one that would have significant additional impacts on surrounding
properties. Any proposed modification, as defined in DCC 22.36.040,
shall be reviewed only under the criteria applicable to that
particular aspect of the proposal. Proposals that would modify an
approval in a scope greater than allowable as a modification shall be
treated as an application for a new proposal.
FINDING: The discrete aspects of the approval addressed by this modification request are
to reduce front yard setbacks for commercial and recreational uses within the Resort to
zero and establish the frontage requirements for commercial and recreational uses within
the Resort to none.
The modification will not amount to a substantially new proposal or one that would have
significant additional impacts on surrounding properties. It does not alter the scope, scale,
function, or phasing of development within the Resort. I Moreover, the affected properties
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 18
are located on the interior of the Resort and immediately surrounding by other commercial
amenities of the Resort.
Title 19 Of The Deschutes County Code, Urban Area Reserve.
A. Chapter 19.12, Urban Area Reserve - UAR10
Section 19.12.030. Conditional Uses.
O. Destination resort, where mapped in the Bend Area General Plan
destination resort map, subject to DCC 19.106.
FINDING: The subject property is within the Tetherow Destination Resort (CU -04-94, M-05-
2). The subject property is mapped as destination resort on the Bend Area General Plan
destination resort map.
2. Section 19.12.040. Height Regulations.
No building or structure shall be hereafter erected, enlarged or structurally
altered to exceed 30 feet in height.
FINDING: The Dimensional Guidelines, adopted as part of the CMP/FMP approval process,
govern the height of structures within the Resort. The Dimensional Guidelines provide for
40 feet for commercial and recreational structures, except where special height restrictions
apply. None of the proposed structures exceed 40 feet in height.
3. Section 19.12.050. Lot Requirements.
FINDING: Lot size requirements are established by the CMP/FMP and are addressed in
this decision.
4. Section 19.12.060. Off-street Parking.
Off-street parking shall be provided as required in DCC 19.80.
FINDING: Off-street parking requirements in DCC 19.80 are addressed in this decision.
5. Section 19.12.070. Other Required Conditions.
See DCC 19.88 applying to special uses where applicable.
FINDING: None of the standards DCC 19.88 apply to this Application.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 19
B. Chapter 19.76, Site Plan Review
1. Section 19.76.020 Site Plan Requirements.
In all zones, except for a single-family, duplex or triplex unit on one lot, all
new uses, buildings, outdoor storage or sales areas and parking lots or
alterations thereof shall be subject to the provisions of DCC 19.76.020. Site
plan approval shall not be required where a proposed alteration of an
existing building does not exceed 25 percent of the size of the original
structure unless the Planning Director finds the original structure or
proposed alteration does not meet the requirements of DCC Title 19 or
other ordinances of the County.
FINDING: This site plan application is for overnight units on the subject property. The
proposed new uses are subject to the provisions of DCC 19.76.020. Site plan approval is
required.
2. Section 19.76.060. Agreement and Security.
The developer and owner shall, as a condition of approval, execute a
development agreement for any improvements required on a form
approved by the County Counsel and may be required to file with the
County a performance bond or other security as approved by the County
Counsel to assure full performance of the required improvements. The
bond shall be for the cost of the improvements plus 10 percent.
FINDING: For an OLU to count toward the 2.5:1 required ratio it must be physically
provided or financially assured, in addition to meeting other requirements described in
detail below. Platting of lots under this proposal will preclude development of the
overnight units currently approved under prior site plans approvals and financially assured
under the existing Improvement Agreement. However, the Applicant has stated that they
will seek an amendment to the Improvement Agreement.
Staff finds that platting of the lots described in this proposal or the issuance of building
permits under DCC 17.24.120(C) prior to the amendment of the improvement may
preclude or impede the County from calling on the security in the improvement
agreement, if needed. As a condition of approval, an amended improvement agreement
must be recorded either prior to or concurrently with 1) the recording of a plat under this
decision and 2) the issuance of any building permits under DCC 17.24.120(C) under this
decision. Notwithstanding, if the Applicant can demonstrate, to the satisfaction of
Deschutes County Planning Department, that alternative procedures will ensure the
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 20
uninterrupted continuity of the security and the County's ability call on and develop the
required overnight units, a plat may be recorded and/or building permits issued under DCC
17.24.120(C) prior to amendment of the improvement agreement.
3. Section 19.76.070. Site plan criteria.
Approval of a site plan shall be based on the following criteria:
A. Safety and Privacy. Residential site plans shall be designed to
provide a safe living environment while offering appropriate
opportunities for privacy and transitions from public to private
spaces.
FINDING: Staff finds that the overnight units are not a residential site plan. This criterion
does not apply.
B. Special Needs of Handicapped. When deemed appropriate, the site
plan shall provide for the special needs of handicapped persons,
such as ramps for wheelchairs, drop curbs and handicapped parking
stalls.
FINDING: Conformance with ADA standards will be confirmed in the building permit
review. As a condition of approval, all units required by state law to be available for
overnight accommodations shall be reviewed for accessibility and fire suppression, prior to
issuance to building permits.
C. Preservation of Natural Landscape. The landscape and existing
grade shall be preserved to the maximum practical degree,
considering development constraints and suitability of the landscape
or grade to serve the applicant's functions. Preserved trees and
shrubs shall be protected during construction.
FINDING: The majority of the site is generally level, with a slight down slope towards the
golf course. Flat site conditions will reduce the need for grading and filling and thus
preserve vegetation. The Subject Property lies within an area that was burned in the
Awbrey Hall fire of 1990. The site is completely devoid of trees. Existing vegetation on-site
includes Manzanita, bitterbrush, sagebrush, and grasses. Vegetation within the building
pads, pathways, and roadways would be removed.
D. Pedestrian and Vehicular Circulation and Parking. The location and
number of points of access to the site, the interior circulation
patterns, designs of parking areas and the separation between
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 21
pedestrians and moving and parked vehicles shall be designed to
promote safety and avoid congestion on adjacent streets.
FINDING: The proposed development is accessed from existing internal private roadways
that connect to Skyline Ranch Road and Meeks Trail. The Applicant is also proposing to
construct North Drive to provide internal circulation within the subdivision. The existing
and proposed private street system will provide convenient access to all of the proposed
lots and tracts. North Drive will be extended to the eastern property line to establish
connections to future development to the east.
The Site Plan shows each Lock -Off will have its own driveway and a garage for parking of at
least one vehicle. Additional vehicles could stack within the driveways, use other on-site
parking, or utilize shared vehicles spaces within the commercial core including the new
parking facilities proposed for Lots 1 and 2 of Tetherow Vacation Homes Phase IB. The
proposed parking lot will be accessed by driveways as shown on the submitted plans. The
location of driveways and off-site parking will not create conflict points on the internal
roads/drives.
Pedestrian walkways are proposed along the south sides of North Dr. and the Existing
Access Dr. There is also a pedestrian path between the Phase II and III subdivisions and a
new path proposed between the subdivision and the existing Highlands Lodge. These
walkways and paths provide access to Resort amenities on adjacent properties.
E. Buffering and Screening. Areas, structures and facilities for storage,
machinery and equipment, services (mail, refuse, utility wires and
the like), loading and parking and similar accessory areas and
structures shall be designed, located, buffered or screened to
minimize adverse impacts to the site and neighboring properties.
FINDING: No areas, structure, or facilities for storage, machinery, or equipment are
proposed. As noted previously, parking for each unit would be provided within attached
garages, within driveways, and within shared parking facilities within the commercial core.
The internal location of parking spaces as well as existing and proposed landscaping (see
the Parking Lot Site Plan submitted as Exhibit 9) would minimize impacts to the site and
neighboring properties.
F. Utilities. All utility installations above ground, if such are allowed,
shall be located so as to minimize adverse impacts on the site and
neighboring properties.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 22
FINDING: With the exception of standard power transformers, pedestals, and similar
franchise utility facilities/appurtenances, all utilities will be underground. Landscaping will
be used to minimize adverse impacts from above ground utility facilities.
G. Public Facilities. The proposed use shall not be an undue burden on
public facilities, such as the street, sewer or water system.
FINDING: The applicant has entered into a License and Sewer and Water Agreement with
the City of Bend. As conditioned below, the Applicant will construct all sewer and water
lines necessary to support the subdivision to City of Bend standards prior to final plat
approval.
Street improvements and traffic circulation patterns for the overall resort were approved
as part of the CMP/FMP decisions. No additional facility or road improvements, beyond
improvements within the proposed subdivision, are required.
4. Section 19.76.080, Required Minimum Standards..
A. Minimum Landscaping Standards. All developments subject to site
plan approval shall meet the following minimum standards for
landscaping.
1. A minimum of 15 percent of the area of a project shall be
landscaped for multifamily, commercial and industrial
developments, subject to site plan approval and the following
requirements:
FINDING: The proposed OLUs are a "commercial development" subject to the 15%
landscape coverage requirement. As shown on the submitted Preliminary Landscape Plan,
submitted as Exhibit 11, 43% of the development area on Development Tract CB is
landscaped. As shown on the Parking Lot Site Plan, 24% of Lot 1 and Lot 2 of Tetherow
Vacation Homes, Phase IA will be landscaped. Lots 31 and 34 are mostly naturally
vegetated and will retain their natural vegetation.
a. Landscape Plan. The applicant shall submit a complete
landscape plan showing all live plant materials and
non -plant materials to be installed on the site in order
to meet the landscape requirement. The landscape
plan shall also include written documentation of how
the site will be prepared for plant material installation
with an emphasis on soil quality and available depth.
FINDING: The applicant has included a compliant Landscape Plan, which was submitted as
part of the application.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 23
b. Irrigation. All plant materials, except existing native
plants not damaged during construction, shall be
irrigated by underground sprinkler systems set on a
timer in order to obtain proper water duration and
ease of maintenance.
FINDING: The applicant has stated that the Tetherow owners have sought to maintain a
natural aesthetic within the Resort and thus preserve and utilize natural vegetation to the
maximum extent practical. The majority of the landscaping, whether preserved or
restored, will be climate appropriate natural vegetation that does not require irrigation.
Lawns and landscaping adjoining the OLUs will be fitted with an appropriate sized irrigation
system.
C. Non -Plant Materials. The use of certain non -plant
materials as part of the landscape plan is highly
encouraged. These materials may include the
following: large landscape quality boulders, wood or
concrete soil retaining devices, gravels, concrete
garden amenities, approved mulch materials, stepping
stones and water features. Borders for landscape beds
abutting parking areas shall be constructed with
extruded or poured -in-place concrete, retaining walls,
sidewalks and/or other features acceptable to the
County.
FINDING: The applicant has not proposed any introduced, non -plant landscaping
materials. As a condition of approval, borders for landscape beds abutting parking areas
shall be constructed with extruded or poured -in-place concrete, retaining walls, or
sidewalks.
d. Plant Materials. Minimum plant material sizes and
placement. (Note: Annual type plants will not be
counted as part of the landscaping requirement unless
permanent architectural or other non-movable
features are specifically created for these type of
plants.)
L Trees. A variety of tree species is encouraged as
a way to provide visual interest and to protect
against same species die out or disease.
Acceptable tree species shall be those trees
which are listed in DCC 19.76.080(A)(2)(g),
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readily available from local nurseries, tolerant
of Central Oregon climate, disease resistant,
and do not create unusual maintenance
problems. All deciduous trees shall be a
minimum of two inches in diameter at breast
height. Larger diameter trees are encouraged if
soil conditions allow.
FINDING: The Landscape Plan indicates that a variety of evergreen (Ponderosa Pine,
Austrian Pine, Scots Pine, and Subalpine Fir) and deciduous trees (Quaking Aspen, Pin Oak,
Flam Amur Maple) are proposed. Pin Oaks and Amur Maples are listed in DCC
19.76.080(A)(2)(g), but the list is not exclusive and includes other tree species that achieve
the purposes DCC 19.76.080. The identified tree species meet the purpose of DCC
19.76.080 because they enhance the aesthetic of the subject property, are readily available,
are climate appropriate, are disease resistant, and do not present maintenance issues. As
a condition of approval, all deciduous trees will be a minimum of two inches in diameter at
breast height.
ii. Ponderosa Pine. There shall be one native
Ponderosa species of pine planted for every four
deciduous trees required to be planted on the
site. Pine trees may require larger planting
beds due to their size at maturity. All
coniferous trees, except Ponderosa, shall be a
minimum of six feet in height. Ponderosa trees
shall be a minimum of three feet in height.
Larger Ponderosa trees are encouraged if
readily available.
FINDING: Applicant is proposing 8 Ponderosa Pines on Development Tract CB, which
corresponds to the 32 required deciduous trees. Applicant is proposing to plant an
additional 4 deciduous trees on Development Tract CB. On Lot 1 and Lot 2 of Tetherow
Vacation Homes, Phase IA, 2 Ponderosa Pines are proposed to correspond with the 8
proposed deciduous trees. As indicated on the Landscape Plan, all of the proposed
plantings meet the minimum height requirements.
iii. Shrubs. All shrubs shall be a minimum of three
gallons in size. Shrubs adjacent to parking
areas with car overhang shall be planted at
least three feet from the parking surface.
Shrubs shall not be placed closer to other
materials than the plant spread at maturity. At
least 40 percent of the shrubs in the landscape
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 25
plan shall include evergreens. The use of a
variety of shrub types is encouraged.
FINDING: The Landscape Plan shows that all proposed shrubs shall be planted from three
gallon containers. Shrubs will not be placed closer to other materials than the plant spread
at maturity. At least 40% of the shrubs proposed are evergreens.
iv. Ground covers. All ground covers shall be of
sufficient size and quantity to provide for
maximum coverage in five years based upon the
species and growth pattern.
FINDING: The Landscape Plan indicates that all ground covers shall be planted at a
spacing that allows for maximum coverage in five years based on species and growth
pattern.
V. Planting beds. Planting beds shall be of
sufficient width to accommodate the plants at
maturity. The planting beds along the
perimeter of a building shall incorporate a mix
of trees, shrubs and ground covers to buffer the
building and reduce the apparent mass of the
building as viewed from the street. The plant
materials within the planting bed shall not
create hiding areas or other security concerns.
FINDING: Proposed planting beds are sufficient to accommodate a mix of plants and will
allow for proper growth and buffering of the proposed OLUs and parking areas. The
proposed plantings will not create hiding areas or other security concerns.
2. Street Trees. The placement, spacing and pruning of street trees
shall be as follows, although the Planning Director or Hearings Body
may adjust the placement standard for special site conditions:
a. Street trees shall be located a minimum of five feet from the
face of a curb.
b. Street Trees shall be placed a maximum of 30 feet apart.
Reduced separation may be required for smaller species of
trees. Variety in tree placement using clusters of trees and
uneven spacing is encouraged.
C. An approved tree grate or other surface treatment shall be
used for street trees planted in paved or concrete area.
d. As street trees grow, they shall be pruned to provide a
minimum clearance of eight feet above sidewalk and 14 feet
above street, alley or roadway surfaces.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 26
e. Existing trees may be used as street trees if they are not
killed or damaged from any new development. Sidewalks of
variable width and elevation may be utilized to save existing
street trees.
f. Existing street trees removed by development projects shall
be replaced by the developer with those from the approved
street tree list.
g. Street trees shall be those species suitable for the location in
which they are placed. Approved tree species include:
Trees with low mature tree height (25 feet or less) for use in
areas under power lines or in small planting areas:
Amur Maple/Acerginnala
Canada Red Cherry/Prunus Virginiana 'Shubert'
Eastern Redbud/Cercis canadensis
Flowering Crabapple/Malus 'variety'
Hawthorn/Crataegus 'variety'
Japanese Lilac Tree/Syringa reticulata
Serviceberry/Amelanchier
Medium mature tree height (30 to 45 feet):
American Hornbeam/ Carpinus caroliniana
Callery Pear/Pyrus calleryana
Hedge Maple/Acer campestre
Mountain Ash/Sorbus acuparia 'variety'
Tall mature tree height (50 feet or larger):
Birch/Betula pendula 'variety'
Green Ash/Froxinus pennsylvanica
Honey Locust/Gleditsia tricanthos 'variety'
Littieleaf Linden/Tilia cordata
Norway Maple/Acer platanoides 'variety
Pin Oak/Quercus paluatris
Red Maple/Acer rubrum 'variety'
Red Oak/Quercus rubra
Other tree species: The Planning Director or Hearings Body
may approve other tree species as necessary to achieve the
purposes of DCC 19.76.080.
FINDING: Street tree requirements for all streets abutting the Tetherow golf course were
addressed within Decision SP -06-37. A landscape plan that included clustered street tree
plantings along all Golf course, Skyline Ranch Road and Metolius Drive frontages per the
above criterion was approved and has been implemented. Moreover, subsequent site
plans for lodging facilities (SP -12-10) allowed for clustered as opposed to evenly spaced
street trees. Development Tract CB abuts the Golf Course and is proposed for the
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 27
development of OLUs. The Applicant is proposing a similar landscaping plan for internal
roadways that meets comparable standards for the number of trees, but allows for a
similar aesthetic to carry through Development Tract AA. The proposed trees include a mix
of species suitable for the location and a sufficient number of trees are proposed to meet
the 1 per 30 foot of road frontage spacing.
3. Areas
of commercial and industrial zones used for vehicle
maneuvering, parking, loading or storage shall be landscaped and
screened as follows:
a.
Landscape coverage of the landscape area shall be 50 percent
at the time of installation and 90 percent at five years.
b.
Parking lot landscaping shall consist of a minimum of seven
percent of the total parking area plus a ratio of one tree per
eight parking spaces to create a canopy effect.
C.
Landscape buffers between parking areas, parking pods and
internal streets shall have a minimum width of five feet with
no car overhang and 10 feet with a car overhang.
d.
Landscape buffers between parking and an abutting property
line shall have a minimum width of 10 feet.
e.
Front or exterior yard landscaping may not be substituted for
the interior landscaping required for interior parking stalls.
f.
There shall be a landscaped and/or screened buffer area a
minimum distance of five feet between commercial uses.
g.
There shall be a minimum width of 10 feet for landscape
buffers between buildings adjacent to streets.
h.
Landscape buffers shall consist of evergreen ground cover
and shrubs mixed with a variety of flowering and deciduous
species of trees and shrubs.
i. Landscaping in a parking or loading area shall have a
width of not less than five feet. Landscaping in a
parking or loading area shall be located in defined
landscaped areas which are uniformly distributed
throughout the parking or loading area.
FINDING: Staff finds these criteria do not apply, as the lodging units are not located in a
commercial or industrial zone.
4. Required landscaping shall be continuously maintained.
FINDING: The applicant has acknowledged this requirement. As a condition of approval,
required landscaping shall be continuously maintained.
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5. Vegetation planted in accordance with an approved site plan shall be
maintained by the owner, any heir or assignee. Plants or trees that
die or are damaged shall be replaced and maintained.
FINDING: The applicant has acknowledged this requirement. As a condition of approval,
vegetation planted in accordance with an approved site plan shall be maintained by the
owner, any heir or assignee. Plants or trees that die or are damaged shall be replaced and
maintained.
B. Shared Areas. Usable outdoor recreation space shall be provided for
the shared use of residents and their guests in any apartment
residential development as follows:
1. Units with one or two bedrooms: 200 square feet of lawn per
unit.
2. Units with three or more bedrooms: 300 square feet of lawn
per unit.
FINDING: This proposal does not include any apartment residential development.
C. Storage. Areas shall be provided in residential developments for the
storage of articles such as bicycles, barbecues, luggage, outdoor
furniture, etc.
FINDING: Although the Lock -Offs are commercial in nature, all of the proposed Lock -Offs
feature garages, which will allow for the storage of bicycles, barbecues, luggage, outdoor
furniture, etc. There are also 22 bike parking spaces within the Guest Services Building for
use by guests and employees of the Resort.
D. Drainage. Surface drainage shall be contained on site.
FINDING: As discussed previously, surface drainage will be contained on-site.
E. Bicycle Parking. The development shall provide the number and type
of bicycle parking facility as required in DCC 19.80.080 and 19.80.090.
The location and design of bicycle parking facilities shall be shown
on the site plan.
FINDING: DCC 19.80.080 and .090 do not require bicycle parking for OLUs. Nonetheless,
the Lock -Offs feature garages that could provide secure covered bicycle parking. There are
also 22 bike parking spaces within the Guest Services Building for use by guests and
employees of the Resort.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 29
F. Internal Pedestrian Circulation. Internal pedestrian circulation shall
be provided in new office parks and commercial developments
through the clustering of buildings, construction of hard surface
pedestrian walkway, and similar techniques.
Walkways shall connect building entrances to one another and from
building entrances to public street and existing or planned transit
stops. On site walkways shall connect with walkways, sidewalks,
bikeways, and other pedestrian or bicycle connection on adjacent
properties planned or used for commercial, multifamily, institutional
or park use.
FINDING: This proposal does not include new office parks or commercial developments.
This criterion does not apply.
G. Public Transit Orientation. New retail, office and institutional
buildings on parcels within 600 feet of existing or planned transit
routes shall provide preferential access to transit through the
following measures:
1. Orienting building entrances to a transit facility, or
2. Locating buildings as close as possible to the transit route
street.
FINDING: This proposal does not include any new retail, office, or institutional buildings.
C. Chapter 19.80, Off Street Parking and Loading
1. Section 19.80.020, Off -Street Loading.
A. Commercial, industrial and public utility uses which have a gross floor
area of 5,000 square feet or more shall provide truck loading or
unloading berths in accordance with the following table.
Every use for which a building is erected or structurally altered to the
extent of increasing the floor area to equal a minimum floor area
required to provide loading space, and which will require the receipt
or distribution of materials or merchandise by truck or similar vehicle,
shall provide off-street loading space on the basis of minimum
requirements as follows:
Square Feet No. of Berths
of Floor Area Required
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 30
Less than 5,000 0
5,000-30,000 1
30,000-100,000 2
100,000 and Over 3
FINDING: This proposal proposed use falls under subsection (B), below. This criterion
does not apply.
B. Restaurants, office buildings, hotels, motels, hospitals and
institutions, schools and colleges, public buildings, recreation or
entertainment facilities and any similar use which has a gross floor
space of 30,000 square feet or more shall provide off-street truck
loading or unloading berths in accordance with the following table:
Square Feet of
Floor
Area
No. of Berths
Required
Less than 30,000
0
30,000-100,000
1
100,000 and Over
2
C. A loading berth shall contain space 10 feet wide, 35 feet long and have
a height clearance of 14 feet. Where the vehicles generally used for
loading and unloading exceed these dimensions, the required length
of these berths shall be increased.
D. if loading space has been provided in connection with an existing use
or is added to an existing use, the loading space shall not be
eliminated if elimination would result in less space than is required to
adequately handle the needs of the particular use.
E. Off-street parking areas used to fulfill the requirements of DCC Title
19 shall not be used for loading and unloading operations, except
during periods of the day when not required to take care of parking
needs.
FINDING: None of the Lock -Offs feature more than 5,000 square feet of enclosed space.
No off-street loading is required for these structures. In any event, it is unlikely that large
deliveries will be made to the individual Lock Off structures. Rather, larger deliveries would
be delivered to other structures within the commercial core and then distributed to the
lock -offs (laundry service, cleaning supplies, etc.) through carts or regular sized vehicles.
Larger buildings within the commercial core already feature loading spaces.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 31
2. Section 19.80.030, Off -Street Parking.
Off-street parking space shall be provided and maintained as set forth in DCC
19.80.030 for all uses in all zones, except for the CB zone. 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 Title 19 is changed. Improved off-street parking shall mean paved with
two inches of paving.
FINDING: As a condition of approval, all improved off street parking depicted on the site
plan shall include a minimum of two inches of paving.
3. Section 19.80.040. Number of Spaces Required.
Off-street parking shall be provided as follows:
B. Commercial Residential.
Hotel
1 space per guest room
plus 1 space per 2
employees
Motel
1 space per guest room
or suite plus 1
additional space for the
owner or manager.
Club or Lodge
Spaces to meet the
combined
requirements of the
uses being conducted
such as hotel,
restaurant, auditorium,
etc.
Fraternity,
1 space for each 6
Sorority or
student beds
Dormitory
H. Other uses not specifically listed above shall furnish parking as
required by the Planning Commission. The Planning Commission shall
use the above list as a guide for determining requirements for said
other uses.
FINDING: In 247-15-000522-TU/523-CU/524-SP/525-LL/526-LL (the "Parking Decision"), the
County determined the parking needs for all properties within the "commercial core". As
part of the Parking Decision, the County established a special "commercial core" parking
rate to reflect that a portion of Resort guests will park at their lodging unit and then walk to
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 32
the club house, event/meeting facilities, fitness facility, restaurants, and other resort
amenities given the proximity of such uses. The Parking Decision then granted conditional
use approval for shared parking amongst all properties comprising the "commercial core."
The subject application modifies the layout and design of OLUs within the commercial core
but does not propose additional development beyond that contemplated by the Parking
Decision (other than the playground, which is more of an amenity for on-site guests than
drawing outside visitors to the commercial core). Accordingly, the total parking
requirements for the commercial core remains at 310 spaces. Submitted as Exhibit 10 is
an updated commercial core parking plan depicting all uses and parking facilities within the
commercial core. As shown on the Parking Plan, 345 spaces are appropriately dispersed
throughout the commercial core with the addition of the new parking facilities on Lots 1
and 2 of Tetherow Vacation Homes, Phase IA. The proposed parking exceeds the required
amount of parking established in the Parking Decision.
Tax Lot
Uses
Required
Provided/Proposed
Parking
Parking
200
24 Unit Hotel
26
126
(SP -07-02, SP -12-10, SP-
Golf Course Club House
50
13-2)
Dining
36
Meeting Spaces
21
Office
3
Retail
3
100 [Development Tract
26 Unit Hotel/
28
37
CA]
(247 -14 -429 -SP)
Guest Services Building
Pavilion/Kitchen
36
Board/meeting
13
Offices
2
Storage/Lobby
9
2100 [Development Tract
33 OLUs
332
19
CB/TVH Phase IIII]
100
13,384 S.F. Fitness Center
43
18
[Development Tract CC]
100 and 2100
100 Units3
101
141
(TVH Phase IA, IB, and 2)
2 The Lock -Offs are collectively managed and would thus only require one manager even though
developed under two separate land use approvals. The manager spot is included in the parking
requirements for TVH Phase IA, IB, and 2.
3 Reduced by 10 spaces from the Parking Decision because of creation of the Parking Lot on Lots 1
and 2
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 33
Totals
405
Less 15%4
60.75
Subtotal
344
Less 10%5
34
4. Section 19.80.050, General Provisions -Off -Street Parkin.
A. 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 the requirements of the several
uses computed separately.
FINDING: All of the parcels of land subject to this site plan review have a single use.
B. 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 in point of
time. If the uses, structures or parcels are under separate ownership,
the right to joint use of the parking space must be evidenced by a
deed, lease, contract or other appropriate written document to
establish the joint use.
FINDING: Pursuant to the Parking Decision, joint use of parking facilities within the
Commercial Core has already been approved. All of the parking facilities are available to
the proposed uses by virtue of their membership in the Tetherow Owner's Association and
the Tetherow Vacation Home Owner's Association.
C. Location of Parking Facilities. Off-street parking spaces for dwellings
shall be located on the same lot with the dwellings. All other off-
street parking shall be located on the lot with the use or, if not
located on the same lot, shall be first approved as a conditional use.
The applicant must prove that the parking located on another parcel
is functionally located and that there is safe vehicular and pedestrian
access to and from the use. The burden of proving the existence of
such off -premises parking arrangements rests upon the person who
has the responsibility of providing parking.
4 The Commercial Core Rate approved in the Parking Decision
5 The numbers reported above do not include any reduction in required parking under DCC
19.80.050(1) awarded for the specific use in a prior decision. Rather, the raw numbers of required
parking are reported and the 10% is taken from the overall total.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 34
FINDING: No dwellings are proposed. Pursuant to the Parking Decision, joint use of
parking facilities within the Commercial Core has already been approved. Some shared
parking spaces are located within feet of the proposed structures and the new parking
facilities on Lots 1 and 2 of Tetherow Vacation Homes, Phase IA are within 1000 feet of all
of the new structures. The available parking facilities are thus the functional equivalent of
on-site parking. "North Drive" and pathways throughout the Resort provide safe and
efficient access to shared parking facilities.
D. 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 the
storage of vehicles or materials or for the parking of trucks used in
conducting the business or used in conducting the business or use.
FINDING: The applicant has acknowledged this requirement. As a condition of approval,
required parking space shall be available for the parking of operable passenger
automobiles of residents only, and shall not be used for the storage of vehicles or
materials.
E. Parking, Front Yard Unless otherwise provided, required parking and
loading spaces for multifamily dwellings, commercial and industrial
use shall not be located in a required front yard, but such space may
be located within a required side or rear Yard
FINDING: Under 247 -14 -0000431 -MC the applicant modified the Vehicle and Pedestrian
Access Plan (VPAP) to allow for perpendicular on -street parking, which must necessarily be
in the front yard setback. This criterion does not apply.
S. Section 19 80.060 Development and Maintenance Standards for Off -Street
Parking Areas.
Every parcel of land hereafter used as a public or private area, including
commercial parking lots, shall be developed as follows:
A. An off-street parking area for more than five vehicles shall be
effectively screened by a site -obscuring fence, hedge or planting on
each side which adjoins a residential use or property situated in a
residential zone or the premises of any school or like institution.
FINDING: The new parking facilities on Lots 1 and 2 provide parking for more than 5
vehicles. However, there are no adjacent residential uses and there are no schools or
similar institutions adjacent to the new parking facilities. Nonetheless, applicant is
providing trees and shrubs around the perimeter of the parking area, which will provide
screening.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 35
B. Any lighting used to illuminate the off-street parking areas shall be so
arranged that it will not project light rays directly upon any adjoining
property in an R zone.
FINDING: All surrounding Property is in the UAR-10 zone, which is an "R" or residential
zone. Staff includes this requirement as a condition of approval.
C. Except for single-family and duplex dwellings, groups of more than
two parking spaces shall be so located and served by a driveway that
their use will require no backing movements or other maneuvering
within a street or right of way other than an alley.
FINDING: Under 247 -14 -0000431 -MC the applicant modified the Vehicle and Pedestrian
Access Plan (VPAP) for the Subject Property to allow groups of more than two parking
spaces to be located such that their use will require backing movements or other
maneuvering within a street or right of way. This criterion does not apply.
D. Areas used for standing and maneuvering of vehicles shall be paved
surfaces maintained adequately for all weather use and so drained as
to contain any flow of water on the site.
FINDING: All driveways will be paved to allow for all weather use. The submitted Grading
and Drainage Plan demonstrates stormwater and drainage will be adequately contained
within the project site.
E. Except for parking to serve residential uses, parking and loading areas
adjacent to or within residential zones or adjacent to residential uses
shall be designed to minimize disturbance of residents.
FINDING: All surrounding Property is in the UAR-10 zone, which is an "R" or residential
zone and that adjacent land to the east may be residentially developed. Staff finds that the
submitted site plan demonstrated compliance with this criterion, by locating the shared
parking facilities at a significant distance from the property to the east.
F. Access aisles shall be of sufficient width for all vehicular turning and
maneuvering.
FINDING: The access aisles in the new parking facilities are 24 feet in width and thus
sufficient for vehicular turning and maneuvering.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 36
G. Service drives to off-street parking areas shall be designed and
constructed to facilitate the flow of traffic, provide maximum safety
of traffic access and 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 throughout by 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.
FINDING: The driveways accessing the parking areas meet VPAP standards and thus meet
the objectives of this criterion. Only a limited number of driveway entrances are proposed
and are appropriately delineated with landscaping. The VPAP also permits backing
movements onto private streets within the Resort.
H. Service drives shall have a minimum vision clearance area formed by
the intersection of the driveway center line, the street right-of-way
line and a straight line joining said lines through points 30 feet from
their intersection.
FINDING: Access areas to parking facilities are designed to afford clear vision at all
intersections.
L Parking spaces along the outer boundaries of a parking area shall be
contained by a curb or bumper rail so placed to prevent a motor
vehicle from extending over an adjacent property line, pedestrian
walkway, bikeway, or a street right-of-way.
FINDING: Curbs are provided to prevent vehicular encroachment. The amended VPAP
clarifies that no curbs or bumper rails are required for parking spaces that back into a right
of way.
6. Section 19.80.070, Off -Street Parking Lot Design.
All off-street parking lots shall be designed in accordance with county
standards for stalls and aisles set forth in the following drawings and table:
SEE TABLE AT END OF CHAPTER 19.80
A. For one row of stalls, use C plus D as minimum bay width.
B. Public alley width may be included as part of dimension D, but all
parking stalls must be on private property, off the public right of way.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 37
C. For estimating available parking area, use 300-325 sq. ft. per vehicle
for stall, aisle and access areas.
D. For narrow lots, equivalent size stalls and aisles may be approved by
the Public Works Director.
E. For large parking lots exceeding 20 stalls, alternate rows may be
designed for compact cars provided that the compact stalls not
exceed 30 percent of the total required stalls. A compact stall shall be
eight feet in width and 17 feet in length with appropriate aisle width.
FINDING: Staff finds that the "driveway" and garage parking areas for the OLUs function as
an off-street parking lot. The proposed parking spaces associated with the OLUs and in the
developed parking lots comply with these criteria. Proposed parking stalls are 9 feet wide
by 20 feet deep, which meets the applicable design requirements.
7. Section 19.80.080, Required Bicycle Parking.
A. On-site bicycle parking shall be provided as listed below. Fractional
spaces shall be rounded to the next highest number. Bicycle parking
for multiple uses or large commercial developments may be provided
in one or more locations.
FINDING: The table provided in the DCC does not include hotels or motels. As discussed
above, prior decisions have not imposed bicycle parking requirements. However, bicycle
parking can be accommodated within the garages of the Lock -Off units and within internal
storage rooms within the Guest Services Building.
C. Chapter 19.106, Destination Resorts
1. Section 19.106.060 Standards for Destination Resorts.
The following standards shall govern consideration of destination resorts:
A. The destination resort shall, in the first phase, provide for and
include as part of the CMP the following minimum requirements:
1. At least 150 separate rentable units for visitor -oriented
lodging,
FINDING: The current status of overnight units at the Resort is discussed in this decision.
160 units of lodging have been constructed or platted to date. A sufficient number of the
platted but unconstructed units are financially assured by the developers of Tetherow by
security agreements in favor of Deschutes County such that required ratios of residential
dwellings to OLUs are maintained.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 38
z Visitor -oriented eating establishments for at least 100
persons and meeting rooms which provide eating for at least
100 persons;
FINDING: These requirements have been met and no changes are proposed to the
previously approved and constructed visitor -oriented eating establishments.
3. At least $7 million shall be spent on improvements for on-site
developed recreational facilities and visitor -oriented
accommodations exclusive of costs for land, sewer and water
facilities and roads. Not less than one-third of this amount shall
be spent on developed recreational facilities. The spending
minimums provided for are stated in 1993 dollars; and
FINDING: No reduction in the amount spent on improvements for on-site developed
recreational facilities and visitor -oriented accommodations is proposed. This criterion has
already been met.
4. The facilities and accommodations required by this DCC
19.106.060 must be physically provided or financially assured
pursuant to DCC 19.106.110 prior to closure of sales, rental or
lease of any residential dwellings or lots.
FINDING: For an OLU to count toward the 2.5:1 required ratio it must be physically
provided or financially assured, in addition to meeting other requirements described in
detail below. Platting of lots under this proposal will preclude development of the
overnight units currently approved under prior site plans approvals and financially assured
under the existing Improvement Agreement. However, the Applicant has stated that they
will seek an amendment to the Improvement Agreement.
Staff finds that platting of the lots described in this proposal or the issuance of building
permits under DCC 17.24.120(C) prior to the amendment of the improvement may
preclude or impede the County from calling on the security in the improvement
agreement, if needed. As a condition of approval, an amended improvement agreement
must be recorded either prior to or concurrently with 1) the recording of a plat under this
decision and 2) the issuance of any building permits under DCC 17.24.120(C) under this
decision. Notwithstanding, if the Applicant can demonstrate, to the satisfaction of
Deschutes County Planning Department, that alternative procedures will ensure the
uninterrupted continuity of the security and the County's ability call on and develop the
required overnight units, a plat may be recorded and/or building permits issued under DCC
17.24.120(C) prior to amendment of the improvement agreement.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 39
B. All destination resorts shall have a minimum of 160 contiguous acres
of land. Acreage split by public roads or rivers or streams shall count
toward the acreage limit, provided that the CMP demonstrates that
the isolated acreage will be operated or managed in a manner that
will be integral to the remainder of the resort.
FINDING: No changes are proposed to the previously approved contiguous acreage of the
resort. This criterion has been met.
C. All destination resorts shall have direct access onto a state, county,
or city arterial or collector roadway, as designated by the Bend
Urban Area General Plan.
FINDING: No changes are proposed to the previously approved accesses for the resort.
This criterion has been met.
D. A destination resort shall, cumulatively and for each phase, meet the
following minimum requirements:
1. The resort shall have a minimum of 50 percent of the total
acreage of the development dedicated to permanent open
space, excluding yards, streets and parking areas. Portions of
individual residential lots and landscape area requirements
for developed recreational facilities, visitor -oriented
accommodations or multi family or commercial uses
established by DCC 19.76.080 shall not be considered open
space, and
FINDING: Currently, over 50 percent of the total acreage of the resort has been dedicated
to permanent open space in compliance with this criterion. This proposal does not change
the total open space at the resort.
2. individually -owned residential units that do not meet the
definition of overnight lodging in DCC 19.04.040 shall not
exceed two and one-half such units for each unit of visitor -
oriented overnight lodging constructed or financially assured
within the resort.
Staff notes that this condition was modified under MC -13-3, as it is shown above, to allow a
ratio of 2.5 residential units for each overnight unit. The current status of individually
owned residential unit and visitor -oriented lodging units for the entire Tetherow resort at
the time of this application is as follows:
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 40
Overnight and Residential Units Summary for Tetherow Resort.
OLUs
CMP/FMP 300
Approved (CMP/FMP)
Site Plan/ 238 (SP -12-10, SP -12 -
Subdivision 22, SP -14-2, 247 -14 -
Approved 429 -SP, 247-15-486)
Constructed/ 160 constructed (24
Platted on Parcel 1 of
PP2013-04, 26 on
Development Tract
CA, 80 in Tetherow
Vacation Homes, 30
within Trailhead at
Tetherow, Phase 1),
Financially 133 presently
Assured financially assured
(247 -14 -429 -SP) with
53 units yet to
constructed
Remaining 25 approved,
but unassured
62 Unapproved
Ratio (Res./OLU) 2.20 (468/213)
Multi -Family Res. Single Family
Units Res. Units
121 468
(CMP/FMP) (CMP/FMP)
80 (TP -09-1010, 247- 468 (TP -06-973, TP -14-
14 -141 -TP, 247-15- 1023, 247 -14 -141 -TP, 247-
138 -TP) 15 -138 -TP, 247 -15 -101 -TP,
247 -15 -485 -TP, 247 -17-
00121 -MC, 247 -17 -00125 -
MC)
74 (TP -09-1010, 247- 395 (TP -06-973, TP -14-
14 -141 -TP) 1023, 247 -14 -141 -TP, 247-
15 -101 -TP, 247 -15 -485 -TP)
N/A N/A
53 Un -platted 72 Un -platted
The Resort meets the required ratio of 2.5:1 individually owned residential units to visitor
oriented lodging. Staff notes that the current proposal would not change this as it simply
reconfigures previously bonded units.
3. individually -owned units shall be considered visitor -oriented
lodging if they are available for overnight rental use by the
general public for at least 38 weeks per calendar year through
a central reservation system operated by the destination
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 41
resort or by a real estate property manager, as defined in ORS
696.010.
FINDING: The Applicant is proposing to construct overnight lodging units in the form of
Lock -Offs. The definition of "Overnight Lodging" in DCC 19.04.040 includes additional
requirements for overnight lodgings if they are individually owned. As with prior approvals
for Lock -Offs, Applicant will record condition of approval agreements that ensure the Lock -
Offs relied upon for meeting ratio requirements are available for overnight rental use by
the general public for at least 38 weeks per calendar year through a central reservation
system operated by the destination resort or by a real estate property manager, as defined
in ORS 696.010.
E. Phasing. A destination resort authorized pursuant to DCC 19.106.060
may be developed in phases. If a proposed resort is to be developed
in phases, each phase shall be as described in the CMP. Each
individual phase shall meet the following requirements:
1. Each phase, together with previously completed phases, if
any, shall be capable of operating in a manner consistent
with the intent and purpose of DCC 19.106 and Goal 8;
2. The first phase and each subsequent phase of the destination
resort shall cumulatively meet the minimum requirements of
DCC 19.106.060 and DCC 19.76.070, and;
3. Each phase may include two or more distinct non-contiguous
areas within the destination resort.
FINDING: No resort phasing is included in this proposal.
F. Dimensional standards:
1. The minimum lot area, width, lot coverage, frontage and yard
requirements and building heights otherwise applying to
structures in underlying zones and the provisions of DCC
19.88.210 relating to solar access shall not apply within a
destination resort. These standards shall be determined by
the Planning Director or Hearings Body at the time of the
CMP. In determining these standards, the Planning Director
or Hearings Body shall find that the minimum specified in the
CMP are adequate to satisfy the intent of the Bend Urban
Area General Plan relating to solar access, fire protection,
vehicle access, and to protect resources identified by LCDC
Goal 5 which are identified in the Bend Urban Area General
Plan. At a minimum, a 100 foot setback shall be maintained
from all streams and rivers. No lot for a single-family
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 42
residence shall exceed an overall project average of 22,000
square feet in size.
FINDING: Dimensional standards are discussed in detail above under the finding for "CMP
#22/FMP #16" and incorporated here by reference.
2. Exterior setbacks and buffers.
a. A destination resort shall provide for the
establishment and maintenance of buffers between
the resort and adjacent land uses, including natural
vegetation and where appropriate, fences, berms,
landscaped areas, and other similar types of buffers.
b. Exterior setbacks shall also be provided to ensure that
improvements and activities are located to minimize
adverse effects of the resort on uses on surrounding
lands.
FINDING: This application does not impact exterior resort setbacks and buffers, as the
development tract is located internal to the resort.
G. Floodplain requirements. The Flood Plain Zone (FP) requirements of
DCC 19.72 shall apply to all developed portions of a destination
resort in an FP Zone in addition to any applicable criteria of DCC
19.106. Except for flood plain areas which have been granted an
exception to LCDC goals 3 and 4, Flood Plain Zones shall not be
considered part of a destination resort when determining
compliance with the following standards,
1. One hundred sixty acre minimum site,
2. Open space requirements.
A conservation easement as described in DCC Title 19 shall be
conveyed to the County for all areas within a flood plain which are
part of a destination resort.
FINDING: The subject property does not include any areas zoned Flood Plain.
H. Excavation, grading and fill and removal within the bed and banks of
a stream or river or in a wetland shall be a separate conditional use
subject to all pertinent requirements of DCC Title 19.
FINDING: No excavation, grading or fill and removal within the bed and banks of a stream
or river or in a wetland are included in this proposal.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 43
1. Time share units not included in the overnight lodging calculations
shall be subject to approval under the conditional use criteria set
forth in DCC 19.100. Time share units identified as part of the
destination resort's overnight lodging units shall not be subject to
the time share conditional use criteria of DCC 19.100.
FINDING: No time share units are included in this proposal.
J. The overnight lodging criteria shall be met, including the 150 -unit
minimum and the 2-1/2 to 1 ratio set forth in DCC 19.106.060(D)(2).
1. Failure of the approved destination resort to comply with the
requirements in DCC 19.106.060Q)(2) through (6) will result in
the County declining to accept or process any further land use
actions associated with any part of the resort and the County
shall not issue any permits associated with any lots or site
plans on any part of the resort until proof is provided to the
County of compliance with those conditions.
FINDING: Staff includes this requirement as a condition of approval.
2. Each resort shall compile, and maintain, in perpetuity, a list
of all overnight lodging units.
FINDING: This proposal does not change the previously approved resort reporting
requirements.
3. An annual report shall be submitted to the Planning Division
by the resort management or home owners association(s)
each February 1, documenting all of the following as of
December 31 of the previous year.
a. The minimum of 150 permanent units of overnight
lodging have been constructed or that the resort is not
yet required to have constructed the 150 units;
b. The number of individually -owned residential platted
lots and the number of overnight -lodging units,
C. The ratio between the individually -owned residential
platted lots and the overnight lodging units,
d. The following information on each individually -owned
residential unit counted as overnight lodging.
i. Who the owner or owners have been over the
last year,
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 44
ii. How many nights out of the year the unit was
available for rent,
iii. How many nights out of the year the unit was
rented out as an overnight lodging facility under
DCC 19.106,
iv. Documentation showing that these units were
available for rental as required.
e. This information shall be public record subject to ORS
192.502(17).
FINDING: This proposal does not change the previously approved resort reporting
requirements.
4. To facilitate rental to the general public of the overnight
lodging units, each resort shall set up and maintain in
perpetuity a telephone reservation system.
FINDING: This proposal does not change the previously approved resort reservation
requirements.
5. Any outside property managers renting required overnight
lodging units shall be required to cooperate with the
provisions of this code and to annually provide rental
information on any required overnight lodging units they
represent to the person or entity responsible for maintaining
the registry described in DCC 19.106.060Q)(2).
FINDING: This decision does not change requirements established under 247 -14 -000431 -
MC for this criterion.
6. Before approval of each final plat, all the following shall be
provided:
a. Documentation demonstrating compliance with the 2-
1/2 to 1 ratio as defined in DCC 19.106.060(D)(2),
FINDING: Staff includes this requirement as a condition of approval.
b. Documentation on all individually -owned residential
units counted as overnight lodging, including all of the
following.
i. Deed restrictions, that may be in the form of,
but is not limited to, conditions of approval
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 45
agreements, requiring the individually -owned
residential units designated as overnight
lodging units to be available for rental at least
38 weeks each year through a central
reservation service operated by the resort or by
a real estate property manager, as defined in
ORS 696.010;
a. A modification of approval application
approval shall be required to remove the
overnight lodging unit designation.
b. The modification of approval application
approval must be obtained prior to
County releasing any deed restrictions
requiring minimum rental availability for
an individually -owned residential unit
counted as overnight lodging.
ii. An irrevocable provision in the resort
Conditions, Covenants and Restrictions ("CC&Rs)
requiring the individually -owned residential
units designated as overnight lodging units to
be available for rental at least 38 weeks each
year through a central reservation service
operated by the resort or by a real estate
property manager, as defined in ORS 696.010;
iii. A provision in the resort CC&R's that all
property owners within the resort recognize
that failure to meet the conditions in DCC
19.106.060U)(6)(b)(ii) is a violation of Deschutes
County Code and subject to code enforcement
proceedings by the County,
iv. Inclusion of language in any rental management
contract between the owner of an individually -
owned residential unit designated as an
overnight lodging unit and any central
reservation service or real estate property
manager requiring that such unit be available
for rental at least 38 weeks each year through a
central reservation service operated by the
resort or by a real estate property manager, as
defined in ORS 696.010, and that failure to meet
the conditions in DCC 19.106.060Q)(6)(b)(iv) is a
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 46
violation of Deschutes County Code and subject
to code enforcement proceedings by the County.
FINDING: The applicant has indicated an intention to comply with these requirements. A
condition of approval is included to assure compliance.
2. Section 19.106.070, Approval Criteria.
In order to approve a destination resort, the Planning Director or Hearings
Body shall find from substantial evidence in the record that:
A. The subject proposal is a destination resort as defined in DCC
19.04.040.
FINDING: Staff finds that, under this proposal, the resort will continue to comply with the
DCC 19.04.040 definition.
B. All standards established by DCC 19.106.060 are or will be met.
FINDING: Findings of compliance with DCC 19.106.060 are made above.
C. The economic analysis demonstrates that:
1. The necessary financial resources are available for the
applicant to undertake the development consistent with the
minimum investment requirements established by DCC
19.106;
2. Appropriate assurance has been submitted by lending
institutions or other financial entities that the developer has
or can reasonably obtain adequate financial support for the
proposal once approved,
3. The destination resort will provide a substantial financial
contribution which positively benefits the local economy
throughout the life of the entire project, considering changes
in employment, demands for new or increased levels of public
service, housing for employees and the effects of loss of
resource land, and,
4. The natural amenities of the site considered together with the
identified developed recreation facilities to be provided with
the resort will constitute a primary attraction to visitors,
based on the economic feasibility analysis.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 47
FINDING: The economic analysis was approved as part of the initial CMP approval. This
proposal does not affect the prior findings of fact made in the CMP and FMP for this
approval criterion.
D. The destination resort incorporates design components, setbacks,
and buffers to protect designated wildlife areas.
FINDING: The proposal does not reduce or otherwise affect the buffers already approved
under the existing CMP and FMP approvals.
E. Important natural features, including but not limited to, significant
wetlands, riparian habitat and landscape management corridors will
be maintained. Riparian vegetation within 100 feet of streams,
rivers and significant wetlands will be maintained. Alterations to
important natural features, including placement of structures, is
allowed so long as the overall values of the feature are maintained.
FINDING: The existing CMP and FMP approvals identify no important natural features on
any of the subject properties.
F. The development will not force a significant change in accepted farm
or forest practices or significantly increase the cost of accepted farm
or forest practices on surrounding lands devoted to farm or forest
use.
FINDING: The proposal does not reduce the buffers already approved under the existing
CMP and FMP approvals. The tracts that are the subject of this application are insulated
from any forest practices occurring on the lands west of Tetherow by the intervening
Tetherow open space tracts.
G. Destination resort developments that significantly affect a
transportation facility shall assure that the development is
consistent with the identified function, capacity and level of service
of the facility. This shall be accomplished by either:
1. Limiting the development to be consistent with the planned
function, capacity and level of service of the transportation
facility;
2. Providing transportation facilities adequate to support the
proposed development consistent with OAR Chapter 660,
Division 12, or
3. Altering land use densities, design requirements or using
other methods to reduce demand for automobile travel and
to meet travel needs through other modes.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 48
A destination resort significantly affects a transportation
facility if it would result in levels of travel or access that are
inconsistent with the functional classification of a facility or
would reduce the level of service of the facility below the
minimum acceptable level identified in the relevant
transportation system plan.
a. Where the option of providing transportation facilities
is chosen, the applicant shall be required to improve
impacted roads to the full standards of the affected
authority as a condition of approval. Timing of such
improvements shall be based upon the timing of the
impacts created by the development as determined by
the traffic study or the recommendations of the
affected road authority.
b. Access within the project shall be adequate to serve
the project in a safe and efficient manner for each
phase of the project.
FINDING: The proposed project will not adversely impact traffic at the resort, as confirmed
by the comments provided by the Deschutes County Transportation Planner and
Deschutes County Road Department.
H. The development will not create the potential for natural hazards
identified in the Bend Urban Area General Plan. No structure will be
located on slopes exceeding 25 percent. A wildfire management plan
will be implemented to ensure that wildfire hazards are minimized
to the greatest extent practical and allow for safe evacuation.
FINDING: The subject property has already been approved for development with
structures under this criterion. This proposal does not affect the buffers between adjacent
wildlands and the Resort. In addition, this proposal does not change the Firewise
development standards adopted as part of the FMP approval. None of the areas proposed
for development have slopes that meet or exceed 25 percent.
1. Adequate public safety protection will be available through existing
fire districts or will be provided on-site according to the specification
of the state fire marshal. If the resort is located outside of an
existing fire district, the developer will provide for staffed structural
fire protection services or contract with or annex to the existing
district. Adequate public facilities to provide for necessary safety
services such as police and fire will be available to serve the
proposed development.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 49
FINDING: Adequate public facilities to provide for necessary safety services are available
to serve the proposed development. The City of Bend will continue to provide sewer and
water service. Fire protection will continue to be provided by the Bend Fire Department
and conformance with applicable fire code is required to be confirmed by the Bend Fire
Department, prior to final plat approval. Notice of this application was provided to the City
of Bend, Deschutes County Road Department, and the Deschutes County Transportation
Planner. No infrastructure deficiencies were identified.
J. Streams and drainage. Unless otherwise agreed to in writing by the
adjoining property owner(s), existing natural drainages on the site
will not be changed in any manner which interferes with drainage
patterns on adjoining property. All surface water drainage changes
created by the development will be contained on-site in a manner
which meets all standards of the Oregon State Department of
Environmental Quality (DEQ). The erosion control plan for the
subject development will meet all standards of ORS Chapter 468B.
FINDING: This proposal will not result in any development on terrain that is not
contemplated for development under the initial resort approvals.
As a condition of approval, the applicant shall be required to provide certification by a
licensed professional engineer that drainage facilities have been designed and constructed
in accordance with the current Central Oregon Stormwater Manual to receive and/or
transport at least the design storm (as defined in the current Central Oregon Stormwater
Manual) for all surface drainage water including stormwater coming to and/or passing
through the development.
An erosion control plan compliant with all standards of ORS Chapter 468B was approved at
the time of CMP approval. As a condition of approval, the proposed project shall comply
with this plan.
K. Adequate water will be available for all proposed uses at the
destination resort, based upon the water study, a water service
agreement with the city of Bend or a proposed water conservation
plan as required by DCC 19.106.050. Water use will not reduce the
availability of water in the water impact areas identified in the
water study considering existing uses and potential development
previously approved in the affected area. Water sources identified
in the water plan shall not include any perched water table. Water
shall only be taken from the regional aquifer. Where a perched
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 50
water table is pierced to access the regional aquifer, the well must
be sealed off from the perched water table.
FINDING: This proposal does not materially affect the previous determination of
compliance with this criterion. Water service is provided by the City of Bend. The City of
Bend did not identify any adverse impacts to water resources or the provision of water to
the resort.
L. Unless a sewer service agreement exists, the waste water disposal
plan includes beneficial use to the maximum extent practicable.
Approval of the CMP shall be conditioned on applicant's making
application to DEQ for a Water Pollution Control Facility (WPCF)
permit consistent with such an approved waste water disposal plan.
Approval shall also be conditioned upon applicant's compliance with
applicable Oregon Administrative Rules regarding beneficial use of
waste water, as determined by DEQ. Applicant shall receive
approval of a WPCF permit consistent with this provision prior to
applying for approval for its final master plan under DCC 99.106.
FINDING: This proposal does not materially affect the previous determination of
compliance with this criterion. Sewer service is provided by the City of Bend. The City of
did not identify any adverse impacts to the provision of sewer service to the resort.
M. The resort will mitigate any demands it creates on publicly owned
recreational facilities on public lands in the surrounding area.
FINDING: This proposal does not materially affect the previous determination of
compliance with this criterion.
N. Site improvements will be located and designed to avoid or minimize
adverse effects of the resort on the surrounding land uses.
Measures to accomplish this may include establishment and
maintenance of buffers between the resort and adjacent land uses,
including natural vegetation and appropriate fences, berms,
landscaped areas and similar types of buffers, and setback of
structures and other developments from adjacent land uses.
FINDING: The subject tract is buffered from surrounding residential development to the
north, east and south of Tetherow by open space lands (to the east and north) and a
combination of open space lands, public roads, and differences in elevation (with respect
to lands to the south). Accordingly, the proposal will have no significant impacts on such
properties.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 51
O. The resort will be served by an on-site sewage system approved by
DEQ and a water system approved by the Oregon State Health
Division, or by municipal sewer and water as allowed by the Bend
Urban Area General Plan.
FINDING: Water and sewer utilities are provided to the resort by the City of Bend. The City
of Bend did not identify any adverse impacts to the provision of sewer or water service to
the resort.
P. The destination resort will not alter the character of the surrounding
area in a manner that substantially limits, impairs or prevents
permitted or conditional uses of surrounding properties.
FINDING: Staff finds that this proposal will result in no new off-site impacts that
substantially limit, impair or prevent permitted or conditional uses of surrounding
properties, as discussed in sub -section (N), above.
Q. The commercial uses developed as part of the resort will be
contained within the project and not oriented to public highways
adjacent to the property. The commercial uses permitted in the
destination resort will be limited in type and levels of use necessary
to meet the needs of resort visitors. A commercial use is necessary
to serve the needs of visitors if.-
1. Its primary purpose is to provide goods or services that are
typically provided to overnight or other short-term visitors to
resorts, or the use is necessary for operation, maintenance or
promotion of the destination resort; and
2. The use is oriented to the resort and is located away from or
screened from highways or other major through roadways.
FINDING: The proposal seeks to create overnight lodging units, which are a required
component of the Resort approval. While the term "commercial use" in DCC 19.106.070(Q)
appears to be aimed at commercial retail type use, the language of this criterion is
sufficiently ambiguous that it likely encompasses OLUs. The CMP approval anticipated that
the overnight lodging accommodations would be located within this area of the Resort as
the area was designated for commercial uses. OLUs are necessary for the operation,
maintenance, and promotion of the Resort.
The site of the proposed project is located behind the ridge that rises from Century Drive.
The ridge and the height of the structures will screen the uses from Century Drive and
other exterior roadways. This criterion is satisfied.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 52
R. A plan exists to ensure a transfer of common areas, facilities such as
sewer, water, streets and responsibility for police and fire protection
to owners' associations or similar groups if contemplated. If such
transfer is not contemplated, the owner or responsible party shall be
clearly designated. Adequate open space, facility maintenance and
police and fire protection shall be ensured in perpetuity in a manner
acceptable to the County.
FINDING: The use of the CC&Rs, as contemplated in the CMP and FMP for transfer of such
areas to a homeowner's association, where applicable, would not change under this
proposal.
S. Temporary structures will not be allowed unless approved as part of
the CMP. Temporary structures will not be allowed for more than 18
months and will be subject to all use and site plan standards of DCC
Title 19.
FINDING: No temporary structures are included in this proposal.
T. The open space management plan is sufficient to protect in
perpetuity identified open space values.
FINDING: Development is only proposed in areas designated for such development.
Accordingly, this proposal will not have any impact on designated open space.
3. Section 19.106.080, Procedure for Modification of A Conceptual Master Plan
Any substantial change, as determined by the Planning Director, proposed
to an approved CMP shall be reviewed in the same manner as the original
CMP. An insubstantial change may be approved by the Planning Director.
Substantial change to an approved CMP, as used in DCC 19.106.080, means
an alteration in the type, scale, location, phasing or other characteristic of
the proposed development such that findings of fact on which the original
approval was based would be materially affected.
FINDING: The proposed modifications are insubstantial. The modification does not affect
either the scope or scale of the resort, or the mix of development areas and open space. It
does not affect the recreational facilities that define and qualify the Resort as a destination
resort. It does not significantly affect any of the utility or road facilities necessary to serve
Tetherow. Accordingly, the proposed modification does not materially affect any of the
findings of fact in the original approval.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 53
4. Section 19106110 Provision of Streets Utilities, Developed Recreational
Facilities and Visitor -Oriented Accommodations.
A. The Planning Director or Hearings Body shall find that all streets,
utilities, developed recreational facilities and visitor -oriented
accommodations required by the FMP are physically provided or are
guaranteed through surety bonding or substantial financial
assurances approved by the County prior to closure of sale of
individual lots or units.
FINDING: Tetherow Resort has developed or financially assured streets, utilities,
developed recreational facilities and visitor -oriented accommodations required by the FMP.
This proposal does not impact these developments or financial assurances.
B. Financial assurance or bonding to assure completion of streets and
utilities, developed recreational facilities and visitor -oriented
accommodations in the FMP shall be required pursuant to the
security requirements for site plan review and subdivision review
established by the Deschutes County Code.
FINDING: The Applicant will construct or bond for all improvements required by Tentative
Plan and Site Plan approval. The Applicant has already financially guaranteed the OLUs,
but will seek a concurrent amendment to the improvement agreement securing those
units to reflect this modified site plan and the number of financially guaranteed OLUs that
have been constructed to date.
TITLE 17 OF THE DESCHUTES COUNTY CODE, SUBDIVISIONS:
A. Chapter 17.16, Approval of Subdivision Tentative Plans
Section 17.16.080. Tentative Plan as a Master Plan.
A. As an alternative to the filing of a master plan for phased
development, the applicant may file a tentative plan for the entire
development. The plan must comply with the provisions of DCC Title
17 for tentative plans.
B. if the applicant proposed to phase development, he shall provide
sufficient information regarding the overall development plan and
phasing sequence when submitting the tentative plan.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 54
C. If the tentative plan is approved with phasing, the final plat for each
phase shall be filed in accordance with DCC 17.24.020 through
17.24.110.
FINDING: The Subject Property is already subject to an approved master plan. The
proposed subdivision is proposed as a single phase.
2. Section 17.16.100. Required findings for approval.
A tentative plan for a proposed subdivision shall not be approved unless the
Planning Director or Hearings Body finds that the subdivision as proposed
or modified would meet the requirements of this title and Titles 18 through
21 of this code and is in compliance with the comprehensive plan. Such
findings shall include, but not be limited to, the following.
A. The subdivision contributes to the orderly development and land use
patterns in the area, and provides for the preservation of natural
features and resources such as streams, lakes, natural vegetation,
special terrain features, agricultural and forest lands and other
natural resources.
FINDING: DCC Titles 17 and 19 of the Deschutes County Code are addressed in findings
herein. The requirements of the Comprehensive Plan are codified within the Deschutes
County Code, and specifically as it relates to this application, DCC Titles 17 and 19.
Accordingly, conformance with Chapters 17 and 19 establishes conformance with the
Comprehensive Plan. In addition, the proposed subdivision is in conformance with the CMP
and FMP approvals for the Tetherow resort, as discussed above.
Previous CMP, FMP, SP, and TP approvals for the Cascade Highlands (Tetherow) Destination
Resort (including TP -06-973, which established the parent parcel Subject Property and 247-
14 -000428 -TP, which established the Subject Property) demonstrated compliance with the
criteria for orderly development and land use patterns of the area. The Resort has been
designed and approved in accordance with County criteria for destination resorts. The
provisions for access, transportation, water, sewer, and utilities infrastructure were
analyzed and addressed through prior CMP, FMP, and TP decisions, which ensures
compliance with this criterion.
Preservation of natural features and resources were addressed in the CMP and FMP
approvals. As noted therein there are no such features on the Subject Property. Natural
vegetation will be retained where practical, subject to normal and common construction
practices to construct the infrastructure and structures proposed by this Application.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 55
B. The subdivision would not create excessive demand on public
facilities, services and utilities required to serve the development.
FINDING: The impacts from the entire proposed Tetherow resort were contemplated,
analyzed, and reviewed at the time of the CMP and FMP approvals with respect to demand
on public facilities, services, and utilities. Subsequent development within the Resort in
compliance with those Master Plan approvals confirms that resort development will not
create excessive demand on public facilities.
This Application is for the subdivision and creation of lots for the purpose of constructing
OLUs. The proposal will not increase the total number of OLUs beyond that approved for
the Resort in the CMP and FMP or beyond that approved in prior site plan approvals.
Because the CMP/FMP approvals evaluated demand on public facilities for the entire
Resort, and the proposed OLUs were contemplated by those approvals, the proposed
subdivision will not create excessive demand for public services or strain public facilities.
Public transportation improvements specified in the CMP and FMP approvals to mitigate
demands on public transportation facilities have been completed and accepted by the
County. These improvements include extending Skyline Ranch Road and Metolius Drive
through the Resort, constructing the roundabout at the Skyline Ranch Road and Metolius
Drive intersection, and installing master trails and paths pursuant to the Resort's Master
Trails Plan.
The Resort entered into a Water and Sewer Service Agreement with the City of Bend for
public water and sanitary sewer service to the Resort. The initial agreement is recorded in
Volume 2005, Page 73584 Deschutes County, OR, and three subsequent addenda are
recorded in Volume 2007, Page 34409, Volume 2009, Page 31387, and Volume 2010, Page
34390, Deschutes County, OR, respectively. Development in accordance with those
agreements confirms that excessive demand is not created on those public facilities.
The Resort entered into a Water and Sewer Service Agreement with the City of Bend for
public water and sanitary sewer service to the Resort. The initial agreement is recorded in
Volume 2005, Page 73584 Deschutes County, OR, and three subsequent addenda are
recorded in Volume 2007, Page 34409, Volume 2009, Page 31387, and Volume 2010, Page
34390, Deschutes County, OR, respectively. Development in accordance with those
agreements confirms that excessive demand is not created on those public facilities.
The City's Fee Schedule Resolution addresses water impacts via a water System
Development Charge ("SDC") as well as public sanitary sewer impacts with sewer SDC's.
This proposed subdivision is accessed from existing private roadways (Tetherow Drive and
Tetherow Outlook Court), which provide connection via other private roadways to Skyline
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 56
Ranch Road and from Meeks Trail. "North Drive" will be constructed to provide
connections to Tetherow Drive, Tetherow Overlook Court, and adjacent property. Water,
sewer, and other utility services have already been extended to the site and will be
extended through the site as shown on the submitted Preliminary Utility Plan. That existing
infrastructure was sized and constructed to serve the Subject Property as well as other
remaining undeveloped Development Tracts within Tetherow.
C. The tentative plan for the proposed subdivision meets the
requirements of Oregon Revised Statutes Section 92.090.
FINDING: The relevant provisions of ORS 92.090 and the proposal's compliance with those
provisions are addressed in the findings below.
QRS 92.090
(1) Subdivision plat names shall be subject to the approval of the county
surveyor or, in the case where there is no county surveyor, the county
assessor. No tentative subdivision plan or subdivision plat of a subdivision
shall be approved which bears a name similar to or pronounced the same
as the name of any other subdivision in the same county, unless the land
platted is contiguous to and platted by the same party that platted the
subdivision bearing that name or unless the party files and records the
consent of the party that platted the contiguous subdivision bearing that
name. All subdivision plats must continue the lot numbers and, if used, the
block numbers of the subdivision plat of the same name last filed. On or
after january 1, 1992, any subdivision submitted for final approval shall not
use block numbers or letters unless such subdivision is a continued phase of
a previously recorded subdivision, bearing the same name, that has
previously used block numbers or letters.
FINDING: A condition of approval has been added to endure compliance with this
requirement.
(2) No tentative plan for a proposed subdivision and not tentative plan for a proposed
partition shall be approved unless:
(a) The streets and roads are laid out so as to conform to the plats of
subdivisions and partitions already approved for adjoining property as to
width, general direction and in all other aspects unless the city or county
determines it is in the public interest to modify the street or road pattern.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 57
FINDING: Staff finds the proposed layout conforms to this requirement.
(b) Streets and roads held for private use are clearly indicated on the tentative
plan and all reservations or restrictions relating to such private roads and
streets are set forth thereon.
FINDING: The proposed streets and roads will all be for private use, and are clearly
indicated on the Tentative Plan. This criterion is met.
(c) The tentative plan complies with the applicable zoning ordinances and
regulations and the ordinances and regulations adopted under ORS 92.044
that are then in effect for the city or county within which the land described
in the plan is situated.
FINDING: This decision identifies applicable zoning ordinances and has found compliance
with those ordinances, as conditioned in this decision.
(3) No plat of a proposed subdivision or partition shall be approved unless:
(a) Streets and roads for public use are dedicated without any reservation or
restriction other than reversionary rights upon vacation of any such street
or road and easements for public or private utilities.
(b) Streets and roads held for private use and indicated on the tentative plan
of such subdivision or partition have been approved by the city or county.
(c) The subdivision or partition plat complies with any applicable zoning
ordinances and regulations and any ordinance or regulation adopted under
ORS 92.044 that are then in effect for the city or county within which the
land described in the subdivision or partition plat is situated.
(d) The subdivision or partition plat is in substantial conformity with the
provisions of the tentative plan for the subdivision or partition, as
approved.
(e) The subdivision or partition plat contains a donation to the public of all
sewage disposal and water supply systems, the donation of which was
made a condition of the approval of the tentative plan for the subdivision
or partition plat.
(f) Explanations for all common improvements required as conditions of
approval of the tentative plan of the subdivision or partition have been
recorded and referenced on the subdivision or partition plat.
FINDING: The proposed roads will all be private roads and will be reviewed by the County
Road Department prior to final plat approval. Compliance with the zoning ordinance is
addressed in the findings in this decision. Sections (d), (e), and (f) of this section establish
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 58
requirements for final plat review and have been added as conditions of approval to
comply with this statute section.
(4) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat
of a subdivision shall be approved by a city or county unless the city or county has
received and accepted.
(a) A certification by a city -owned domestic water supply system or by the
owner of a privately owned domestic water supply system, subject to
regulation by the Public Utility Commission of Oregon, that water will be
available to the lot line of each and every lot depicted in the proposed
subdivision plat;
(b) A bond, irrevocable letter of credit, contract or other assurance by the
subdivider to the city or county that a domestic water supply system will be
installed by or on behalf of the subdivider to the lot line of each and every
lot depicted in the proposed subdivision plat, and the amount of any such
bond, irrevocable letter of credit, contract or other assurance by the
subdivider shall be determined by a registered professional engineer,
subject to any change in such amount as determined necessary by the city
or county, or
(c) In lieu of paragraphs (a) and (b) of this subsection, a statement that no
domestic water supply facility will be provided to the purchaser of any lot
depicted in the proposed subdivision plat, even though a domestic water
supply source may exist. A copy of any such statement, signed by the
subdivider and indorsed by the city or county, shall be filed by the
subdivider with the Real Estate Commissioner and shall be included by the
commissioner in any public report made for the subdivision under
ORS 92.385 (Examination). If the making of a public report has been waived
or the subdivision is otherwise exempt under the Oregon Subdivision
Control Law, the subdivider shall deliver a copy of the statement to each
prospective purchaser of a lot in the subdivision at or prior to the signing by
the purchaser of the first written agreement for the sale of the lot. The
subdivider shall take a signed receipt from the purchaser upon delivery of
such a statement, shall immediately send a copy of the receipt to the
commissioner and shall keep any such receipt on file in this state, subject
to inspection by the commissioner, for a period of three years after the
date the receipt is taken.
FINDING: The Tentative Plan and Site Plan Review show a City owned water supply system
will provide water to the lots within the Tentative Plan. Section (a) and (b) have been added
as conditions of approval to ensure compliance with the above criterion.
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(5) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat
of a subdivision shall be approved by a city or county unless the city or county has
received and accepted.
(a) A certification by a city -owned sewage disposal system or by the owner of a
privately owned sewage disposal system that is subject to regulation by the
Public Utility Commission of Oregon that a sewage disposal system will be
available to the lot line of each and every lot depicted in the proposed
subdivision plat;
(b) A bond, irrevocable letter of credit, contract or other assurance by the
subdivider to the city or county that a sewage disposal system will be
installed by or on behalf of the subdivider to the lot line of each and every
lot depicted on the proposed subdivision plat, and the amount of such
bond, irrevocable letter of credit, contract or other assurance shall be
determined by a registered professional engineer, subject to any change in
such amount as the city or county considers necessary, or
(c) In lieu of paragraphs (a) and (b) of this subsection, a statement that no
sewage disposal facility will be provided to the purchaser of any lot
depicted in the proposed subdivision plat, where the Department of
Environmental quality has approved the proposed method or an alternative
method of sewage disposal for the subdivision in its evaluation report
described in ORS 454.755 (Fees for certain reports on sewage disposal)
(1)(b). A copy of any such statement, signed by the subdivider and indorsed
by the city or county shall be filed by the subdivider with the Real Estate
Commissioner and shall be included by the commissioner in the public
report made for the subdivision under ORS 92.385 (Examination). If the
making of a public report has been waived or the subdivision is otherwise
exempt under the Oregon Subdivision Control Law, the subdivider shall
deliver a copy of the statement to each prospective purchaser of a lot in the
subdivision at or prior to the signing by the purchaser of the first written
agreement for the sale of the lot. The subdivider shall take a signed receipt
from the purchaser upon delivery of such a statement, shall immediately
send a copy of the receipt to the commissioner and shall keep any such
receipt on file in this state, subject to inspection by the commissioner, for a
period of three years after the date the receipt is taken.
FINDING: The applicant proposes sewer lines connecting individual lots. Section (a) and (b)
have been added as conditions of approval to ensure compliance with the above criterion.
(6) Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat
of subdivision or partition located within the boundaries of an irrigation district,
drainage district, water control district, water improvement district or district
improvement company shall be approved by a city or county unless the city or
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 60
county has received and accepted a certification from the district or company that
the subdivision or partition is either entirely excluded from the district or company
or is included within the district or company for purposes of receiving services and
subjecting the subdivision or partition to the fees and other charges of the district
or company.
FINDING: As a condition of approval, prior to final plat approval, and subject to any
standards and procedures adopted pursuant to ORS 92.044, no plat of subdivision or
partition located within the boundaries of an irrigation district, drainage district, water
control district, water improvement district or district improvement company shall be
approved by the county unless the county has received and accepted a certification from
the district or company that the subdivision or partition is either entirely excluded from the
district or company or is included within the district or company for purposes of receiving
services and subjecting the subdivision or partition to the fees and other charges of the
district or company.
D. For subdivision or portions thereof proposed within a Surface Mining
Impact Area...
FINDING: The subject property is not within a surface mining impact area. This criterion is
not applicable.
E. The subdivision name has been approved by the County Surveyor
FINDING: A condition of approval has been added to ensure subdivision name approval
by the County Surveyor prior to final plat approval.
3. Section 17.16.105. Access to Subdivisions.
No proposed subdivision shall be approved unless it would be accessed by
roads constructed to County standards and by roads accepted for
maintenance responsibility by a unit of local or state government. This
standard is met if the subdivision would have direct access to an improved
collector or arterial, or in cases where the subdivision has no direct access to
such a collector or arterial, by demonstrating that the road accessing the
subdivision from a collector or arterial meets relevant County standards and
has been accepted for maintenance purposes.
FINDING: Road standards within Tetherow are set out in the Tetherow Resort Vehicle and
Pedestrian Access Plan ('VPAP") (Exhibit V of the Resort CMP). The Subject Property is
accessed from existing roadways throughout the former Development Tract AA, which in
turn accesses Skyline Ranch Road, a County collector road, and Meeks Trail. Applicant is
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proposing to construct North Drive to provide internal circulation. All of the proposed
roadways will be private and compliant with the VPAP. Private roads are permitted in
destination resorts and the VPAP is consistent with County standards as it was approved as
part of the CMP/FMP that established the Resort.
4. Section 17.16.115. Traffic Impact Studies.
FINDING: Traffic impact analyses and studies for the entire Tetherow (Cascade Highlands)
resort, including on-site and off-site mitigation measures, were reviewed and considered in
the Conceptual Master Plan approval (CU -04-94). "Off-site" mitigations have been satisfied
in accordance with the executed Development Agreement between Deschutes County, the
City of Bend, and the Applicant's predecessor (Cascade Highlands LLP).
As part of 247-14-000430-CU/429-SP/428-TP, the County found the prior site plan approval
for the 133 hotel units was consistent with the traffic impact analysis approved as part of
the CMP/FMP and therefore no further analysis or mitigation was required. The present
proposal reconfigures 33 of the previously approved OLUs, but does not proposed
development above and beyond the prior approval. Accordingly, no further traffic analysis
and no additional off-site improvements are required. The applicant has discussed the
proposal, including traffic issues, with County staff.
This is confirmed by comments (quoted above) from the Deschutes County Transportation
Planner and Deschutes County Road Department.
B. Chapter 17.20. Zero Lot Subdivision
1. Section 17.20.010. Requirements.
In addition to the general provisions for subdivision and partitioning set
forth in DCC Title 17, any application for a zero -lot line subdivision or
partition shall meet the following requirements:
FINDING: The Applicant is proposing several attached structures. The provisions of DCC
Chapter 17.20 apply.
A. The tentative plan shall indicate all lot divisions, including those
along the common wall of duplex units.
FINDING: All of the attached structures are depicted on the Tentative Plan.
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B. Independent utility service shall be provided to each unit, including,
but not limited to, water, electricity and natural gas, unless common
utilities are approved by the affected utility agency and are
adequately covered by easements.
FINDING: It is anticipated that the units will be separately metered for utilities. The
Applicant, in conjunction with affected utility agencies, will provide easements as necessary
to ensure that each unit is adequately serviced with utilities. Staff includes this
requirement as a condition of approval.
C Prior to the granting of final approval for creation of a zero lot line
subdivision or partition, the Planning Director shall require the
applicant(s) to enter into a written agreement in a form approved by
the County Legal Counsel that establishes the rights, responsibilities
and liabilities of the parties with respect to maintenance and use of
any common areas of the unit, such as, but not limited to, common
walls, roofing, water pipes and electrical wiring. Such agreement
shall be in a form suitable for recording, and shall be binding upon
the heirs, executors, administrators and assigns of the parties.
FINDING: Staff includes this requirement as a condition of approval.
D. Each zero lot line subdivision or partition proposal shall receive site
plan approval prior to submission of the final plat. Site plan approval
shall be granted only upon a finding that the design, materials and
colors proposed for each dwelling are harmonious and do not detract
from the general appearance of the neighborhood.
FINDING: Site plan approval for the attached structures is included in this decision.
C. Chapter 17.36, Design Standards.
Section 17.36.020. Streets.
A. The location, width and grade of streets shall be considered in their
relation to existing and planned streets, topographical conditions,
public convenience and safety, and the proposed use of land to be
served by the streets. The street system shall assure an adequate
traffic circulation system for all modes of transportation, including
pedestrians, bicycles and automobiles, with intersection angles,
grades, tangents and curves appropriate for the traffic to be carried,
considering the terrain. The subdivision or partition shall provide for
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the continuation of the principal streets existing in the adjoining
subdivision or partition or of their property projection when
adjoining property which is not subdivided, and such streets shall be
of a width not less than the minimum requirements for streets set
forth in DCC 17.36.
FINDING: Proposed road design including the locations, width, and grades for all roads
within the proposed subdivision are shown on the submitted Cover Sheet, Tentative Plan,
and Preliminary Grading and Drainage Plan. All proposed roadways are private roads. The
subdivision is accessed via existing private roadways within the former Development Tract
AA, which in turn connect to Skyline Ranch Road and Meeks Trail. Applicant is proposing to
construct North Drive to provide internal circulation and connect to adjacent property,
which will be private. The proposed roadway widths and cross sections are in accordance
with the approved VPAP, which governs road design within the Resort.
The proposed roadways feature at least 20 feet of paved surface as shown on the
submitted plans. Approximate street grades are indicated on the submitted Preliminary
Grading and Drainage Plan. Generally mild street grades of less than 5% are anticipated"
B. Streets in subdivisions shall be dedicated to the public, unless
located in a destination resort, planned community or planned or
cluster development, where roads can be privately owned. Planned
developments shall include public streets where necessary to
accommodate present and future through traffic.
FINDING: As allowed by this criterion, all roads constructed within a destination resort can
be privately owned. All internal subdivision roads would be private. This criterion would
be met.
2. Section 17.36.030. Division of Land.
Any proposal for a condominium conversion which results in a division of
real property shall comply with the provisions of DCC Title 17 and ORS 92.
FINDING: No proposal for a condominium conversion is included in this application.
3. Section 17.36.040. Existing Streets.
Whenever existing streets, adjacent to or within a tract, are of inadequate
width to accommodate the increase in traffic expected from the subdivision
or partition or by the County roadway network plan, additional rights of
way shall be provided at the time of the land division by the applicant.
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During consideration of the tentative plan for the subdivision or partition,
the Planning Director or Hearings Body, together with the Road Department
Director, shall determine whether improvements to existing streets
adjacent to or within the tract, are required. If so determined, such
improvements shall be required as a condition of approval for the tentative
plan. Improvements to adjacent streets shall be required where traffic on
such streets will be directly affected by the proposed subdivision or
partition.
FINDING: The applicant proposes access to the subdivision via Skyline Ranch Road, a county
collector road. Skyline Ranch Road has already been constructed. The construction of the
private internal subdivision roads would be required to meet the standards detailed in the
Vehicle and Pedestrian Access Plan approved by the Road Department with the CMP and
FMP. These private roads would be maintained by the applicant/owner or Homeowners
Association. The County Road Department did not identify the need for improvements to
existing streets, and Staff finds that none are required.
4. Section 17.36.050. Continuation of Streets.
Subdivision or partition streets which constitute the continuation of streets
in contiguous territory shall be aligned so that their centerlines coincide.
FINDING: The submitted plans demonstrate that the Applicant has designed "North
Drive 6,, such that it will align on an appropriate course through the adjoining Development
Tract AB North.
5. Section 17.36.060. Minimum Right of Way and Roadway Width.
The street right of way and roadway surfacing widths shall be in
conformance with standards and specifications set forth in DCC 17.48.
Where DCC refers to street standards found in a zoning ordinance, the
standards in the zoning ordinance shall prevail.
FINDING: As noted above, the Resort VPAP supersedes this criterion on Resort private
roads. The VPAP allows for minimum local private road right-of-way of 20 feet, and
minimum surfacing width of 20 feet.
The Deschutes County Road Department requested, and Staff has included, the following
conditions of approval, which will ensure compliance with this criterion:
6 Staff notes that "North Drive" is a placeholder road name, as compass directions are not allowed as
street names. The applicant has been made aware of this requirement.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 65
1. Applicant shall submit road improvement plans designed by a
registered professional engineer to Road Department for approval
prior to commencement of construction pursuant to DCC 17.40.020
and 17.48.060. Improvements shall be constructed under the
inspection of a registered professional engineer consistent with ORS
92.097 and DCC 17.40.040.
2. Road improvement design and construction shall be in accordance
with all applicable sections of DCC 17.48 and the approved Tetherow
Vehicle and Pedestrian Access Plan.
3. Drainage improvement design and construction shall be in
accordance with DCC 17.48.190.
4. Maintenance of all proposed roads and drainage facilities shall be
assigned to a home owners association by covenant or agreement
pursuant to DCC. 17.16.040 and 17.48.180(E).
5. All easements of record or existing rights-of-way shall be noted on the
final subdivision plat.
6. Section 17.36.070. Future Resubdivision.
Where a tract of land is divided into lots or parcels of an acre or more, the
Hearings Body may require an arrangement of lots or parcels and streets
such as to permit future re -subdivision in conformity to the street
requirements and other requirements contained in DCC Title 17.
FINDING: All proposed lots are less than an acre. This criterion does not apply.
7. Section 17.36.080. Future extension of streets.
When necessary to give access to or permit a satisfactory future division of
adjoining land, streets shall be extended to the boundary of the subdivision
or partition.
FINDING: Applicant is proposing to extend "North Drive" to Development Tract AB in
satisfaction of this criterion.
8. Section 17.36.100. Frontage Roads.
If a land division abuts or contains an existing or proposed collector or
arterial street, the Planning Director or Hearings Body may require frontage
roads, reverse frontage lots or parcels with suitable depth, screen planting
contained in a non -access reservation along the rear or side property line, or
other treatment necessary for adequate protection of residential properties
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and to afford separation of through and local traffic. All frontage roads shall
comply with the applicable standards of Table A of DCC Title 17, unless
specifications included in a particular zone provide other standards
applicable to frontage roads.
FINDING: The proposed subdivision does not abut an existing or proposed collector or
arterial
9. Section 17.36.110. Streets adjacent to railroads, freeways and parkways.
When the area to be divided adjoins or contains a railroad, freeway or
parkway, provision may be required for a street approximately parallel to
and on each side of suche right of way at a distance suitable for use of the
land between the street and railroad, freeway or parkway. In the case of a
railroad, there shall be a land strip of not less than 25 feet in width
adjacent and along the railroad right of way and residential property. If the
intervening property between such parallel streets and a freeway or a
parkway is less than 80 feet in width, such intervening property shall be
dedicated to park or thoroughfare use. The intersections of such parallel
streets, where they intersect with streets that cross a railroad, shall be
determined with due consideration at cross streets of a minimum distance
required for approach grades to a future grade separation and right-of-way
widths of the cross street.
FINDING: The subject property is not adjacent to a railroad, freeway, or parkway. This
criterion is not applicable to the proposed subdivision.
10. Section 17.36.120. Street names.
Except for extensions of existing streets, no street name shall be used which
will duplicate or be confused with the name of an existing street in a nearby
city or in the County. Street names and numbers shall conform to the
established pattern in the County and shall require approval from the County
Property Address Coordinator.
FINDING: The names depicted on the exhibits are placeholders. Newly created roadways
will be named at a separate time and will comply with this criterion. A condition of
approval has been added to ensure compliance with this criterion.
11. Section 17.36.130. Sidewalks.
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A. Within an urban growth boundary, sidewalks shall be installed on
both sides of a public road or street and in any special pedestrian
way within the subdivision or partition, and along any collectors and
arterials improved in accordance with the subdivision or partition.
B. Within an urban area, sidewalks shall be required along frontage
roads only on the side of the frontage road abutting the
development.
C. Sidewalk requirements for areas outside of urban area are set forth
in section 17.48.175. in the absence of a special requirement set
forth by the Road Department Director under DCC 17.48.030,
sidewalks and curbs are never required in rural areas outside
unincorporated communities as that term is defined in Title 18.
FINDING: These criteria are not applicable to the proposed development because the
subject property is located outside of an acknowledged Urban Growth Boundary. DCC
17.48.175 is addressed below.
12. Section 17.36.140. Bicycle pedestrian and transit requirements.
A. Pedestrian and Bicycle Circulation within Subdivision.
1. The tentative plan for a proposed subdivision shall provide for
bicycle and pedestrian routes, facilities and improvements
within the subdivision and to nearby existing or planned
neighborhood activity centers, such as schools, shopping
areas and parks in a manner that will.
a. Minimize such interference from automobile traffic
that would discourage pedestrian or cycle travel for
short trips,
b. Provide a direct route of travel between destinations
within the subdivision and existing or planned
neighborhood activity centers, and
C. Otherwise meet the needs of cyclists and pedestrians,
considering the destination and length of trip.
FINDING: Connectivity to nearby areas outside of the Tetherow Destination Resort was
addressed in the FMP approval (M-05-2), and the approved Master Trails Plan in that
decision depicts bicycle and pedestrian routes that accomplish that objective. A 10' wide
multi -use paved path has been constructed along the southern/easterly side of Meeks Trail
and along Skyline Ranch Road
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Pedestrian and bicycle facilities within the subdivision are governed by the Resort Vehicle
and Pedestrian Access Plan (Exhibit V, CMP CU -04-94), which notes the importance of a
design that is sensitive to the Resort environment. Internal walkways within the proposed
subdivision provide connectivity to Master Trails Plan paths and other resort amenities.
The Applicant is also proposing to extend an existing pathway south of Tetherow Drive
through the former Tract AA and to extend a path between the subdivision and the existing
Highlands Lodge. These proposed paths allow for more direct connectivity between the
remainder of the Commercial Core and the adjacent Development Tract AB North. This
path was approved as part of 247-14-000430-CU/429-SP/428-TP.
2. Subdivision Layout.
a. Cul-de-sacs or dead-end streets shall be allowed only
where, due to topographical or environmental
constraints, the size and shape of the parcel, or a lack
of through -street connections in the area, a street
connection is determined by the Planning Director or
Hearings Body to be infeasible or inappropriate. In
such instances, where applicable and feasible, there
shall be a bicycle and pedestrian connection
connecting the ends of cul-de-sacs to streets or
neighborhood activity centers on the opposite side of
the block.
FINDING: The VPAP governs private street layouts and specifications within the Resort,
and does not prohibit the use of cul-de-sacs or dead-end streets. Nonetheless, the
proposed subdivision does not include any cul-de-sacs. As identified above, the proposed
North Drive is aligned with likely connection points on Development Tract AB North. The
existing roadways within former Tract AA have already been found to satisfy these criteria
and will allow access by emergency vehicles.
b. Bicycle and pedestrian connections between streets
shall be provided at mid block where the addition of a
connection would reduce the walking or cycling
distance to an existing or planned neighborhood
activity center by 400 feet and by at least 50 percent
over other available routes.
FINDING: This criterion requires a bicycle and pedestrian connection between streets if
the connection would reduce travel distance by 400 feet and by 50 percent over other
routes. No such connections would reduce cycling and walking distance to the golf course,
clubhouse, and recreation center by over 400 feet or reduce the route by at least 50
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percent. For this reason, staff finds that no bicycle or pedestrian connection between
streets will be required.
C. Local roads shall align and connect with themselves
across collectors and arterials. Connections to existing
or planned streets and undeveloped properties shall be
provided at no greater than 400 foot intervals.
d. Connections shall not be more than 400 feet long and
shall be as straight as possible.
FINDING: In the decision for TP -06-973 (page 24), the Hearings Officer found that criterion
(c) and (d) did not apply to Tetherow Resort subdivisions. Similarly, staff finds that these
criteria do not apply here.
3. Facilities and Improvements.
a. Bikeways may be provided by either a separate paved
path or an on -street bike lane, consistent with the
requirements of DCC Title 17.
b. Pedestrian access may be provided by sidewalks or a
separate paved path, consistent with the requirements
of DCC Title 17.
C. Connections shall have a 20 foot right of way, with at
least a 10 foot usable surface.
FINDING: All of the proposed roads within the subdivision are private "local" roads, with
very low to low anticipated traffic volumes. Separate bikeways or bike lanes are not
warranted, nor required for local, private roads. As shown on the submitted Tentative Plan,
walkways are proposed along one side of North Drive. In addition, there is a previously
approved pedestrian path planned immediately south of the Tract CB, which will provide
pedestrian and bicycle access to adjacent properties.
13. Section 17.36.150. Blocks.
A. General. The length, width and shape of blocks shall accommodate
the need for adequate building site size, street width and direct
travel routes for pedestrians and cyclists through the subdivision
and to nearby neighborhood activity centers, and shall be
compatible with the limitations of the topography.
B. Size. Within an urban growth boundary, no block shall be longer
than 1,200 feet between street centerlines. In blocks over 800 feet in
length, there shall be a cross connection consistent with the
provisions of DCC 17.36.140.
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FINDING: The proposed length, width, and shape of the blocks in the Tentative Plan
accommodate the need for adequate building site sizes based on the Applicant's building
plans, street widths, topography, and direct travel routes. As noted earlier herein the
proposed walkways within the subdivision provide connectivity routes to nearby amenities.
The Subject Property is not within an urban growth boundary, subsection B does not apply.
14. Section 17.36.160. Easements.
A. Utility Easements. Easements shall be provided along property lines
when necessary for the placement of overhead or underground
utilities, and to provide the subdivision or partition with electric
power, communication facilities, street lighting, sewer lines, water
lines, gas lines or drainage. Such easements shall be labeled "Public
Utility Easement" on the tentative and final plat, they shall be at
least 12 feet in width and centered on lot lines where possible,
except utility pole guyline easements along the rear of lots or
parcels adjacent to unsubdivided land may be reduced to 10 feet in
width.
B. Drainage. If a tract is traversed by a watercourse such as a
drainageway, channel or stream, there shall be provided a
stormwater easement or drainage right of way conforming
substantially with the lines of the watercourse, or in such further
width as will be adequate for the purpose. Streets or parkways
parallel to major watercourses or drainageways may be required.
FINDING: The applicant agrees to show and provide all required utility easements on the
final plat. A condition of approval has been added to ensure compliance with criterion (A).
The subject property is not traversed by a watercourse. Criterion (B) does not apply.
15. Section 17.36.170. Lots, size and shape.
The size, width and orientation of lots or parcels shall be appropriate for
the location of the land division and for the type of development and use
contemplated, and shall be consistent with the lot or parcel size provisions
of Titles 18 through 21....
FINDING: The size, width, and orientation of the lots are appropriate to the proposed
uses. Lot size and shape criteria are governed by the Resort Dimensional Standards (Exhibit
E of the approved FMP (M-05-2)). This proposal can comply with the required setbacks, as
discussed in detail herein. Staff finds that the proposed lots are configured as to allow
development on the proposed lots that can comply with these setbacks.
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16. Section 17.36.180. Frontage.
A. Each lot or parcel shall abut upon a public road, or when located in a
planned development or cluster development, a private road, for at
least SO feet, except for lots or parcels fronting on the bulb of a cul
de sac, then the minimum frontage shall be 30 feet, and except for
partitions off of U.S. Forest Service or Bureau of Land Management
roads. In the La Pine Neighborhood Planning Area Residential Center
District, lot widths may be less than SO feet in width, as specified in
DCC 18.61, Table 2: La Pine Neighborhood Planning Area Zoning
Standards. Road frontage standards in destination resorts shall be
subject to review in the conceptual master plan.
FINDING: The CMP/FMP decisions require that all future subdivision plats within the
Resort comply with the minimum dimensional and setbacks standards set forth in the
Resort Dimensional Standards, FMP Exhibit E. As noted above, the Dimensional Standards
do not impose a minimum frontage requirement and the proposed CMP/FMP modification
will clarify that the standard is in fact zero.
B. All side lot lines shall be at right angles to street lines or radial to
curved streets wherever practical.
FINDING: As designed, all side lot lines would, to the maximum extent practicable, be at
right angles to street lines or radial to curved portions of the private streets. This criterion
is met.
17. Section 17.36.190. Through lots.
Lots or parcels with double frontage should be avoided except where they
are essential to provide separation of residential development from major
street or adjacent nonresidential activities to overcome specific
disadvantages of topography and orientation. A planting screen easement
of at least 10 feet in width and across which there shall be no right of
access may be required along the lines of lots or parcels abutting such a
traffic artery or other incompatible use.
FINDING: No through lots are proposed. Lots 23-29 front a street and a common area.
There are no higher classification roads adjacent to the Subject Property and there is no
adjacent incompatible uses.
18. Section 17.36.200. Corner lots.
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Within an urban growth boundary, corner lots or parcels shall be a
minimum of five feet more in width than other lots or parcels, and also
shall have sufficient extra width to meet the additional side yard
requirements of the zoning district in which they are located.
FINDING: The proposed development is not within an urban growth boundary. This
provision does not apply.
19. Section 17.36.210. Solar access performance.
FINDING: Pursuant to condition of approval #10 in the FMP decision (M-05-2), all single-
family dwellings, multi -family units, commercial structures and resort facilities are
exempted from solar setback standards.
20. Section 17 36.220. Underground facilities.
Within an urban growth boundary, all permanent utility services...
FINDING: The proposed development is not within an urban growth boundary. This
criterion does not apply.
21. 17 36 230. Grading of building sites.
Grading of building sites shall conform to the following standards, unless
physical conditions demonstrate the property of other standards:
A. Cut slope ratios shall not exceed one foot vertically to one
and one half feet horizontally.
B. Fill slope ratios shall not exceed one foot vertically to two
feet horizontally.
C. The composition of soil for fill and the characteristics of lots
and parcels made usable by fill shall be suitable for the
purpose intended.
D. When filling or grading is contemplated by the subdivider, he
shall submit plans showing existing and finished grades for
the approval of the Community Development Director. In
reviewing these plans, the Community Development Director
shall consider the need for drainage and effect of filling on
adjacent property. Grading shall be finished in such a manner
as not to create steep banks or unsightly areas to adjacent
property.
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FINDING: The submitted Modified Preliminary Grading and Stormwater Control Plan of
the Tentative Plan shows existing and proposed grades and elevations for all of the lots,
building sites, and roads. All proposed cut and fill slopes do not exceed the specified ratios,
and are in compliance with this criterion. The proposed plan includes drainage facilities for
the management, conveyance and disposal of developed drainage runoff within the project
site. As a condition of approval, grading shall be finished in such a manner as not to create
steep banks or unsightly areas to adjacent property.
22. Section 17.36.250. Lighting.
Within an urban growth boundary, the subdivider shall provide
underground wiring to the County standards, and a base for any proposed
ornamental street lights at locations approved by the affected utility
company.
FINDING: The proposed development is not within an urban growth boundary. This
provision does not apply.
23. Section 17.36.260. Fire Hazards.
Whenever possible, a minimum of two points of access to the subdivision or
partition shall be provided to provide assured access for emergency
vehicles and ease resident evacuation.
FINDING: The proposed subdivision is accessible from the existing Tetherow Drive and
Tetherow Overlook Court, which in turn connect to Skyline Ranch Road and Meeks Trail.
Existing drives already meet specifications for emergency vehicles and the proposed "North
Drive" meets emergency vehicle specifications. An easement (Document No. 2012-033640)
exists across Development Tract AB to allow for construction of Meeks Rim Drive as well as
provide a temporary access point until Meeks Rim Drive is constructed.
24. Section 17.36.270. Street tree planting.
Street tree planting plans, if proposed, for a subdivision or partition, shall be
submitted to the Planning Director and receive his approval before the
planting is begun.
FINDING: The Site Plan for the OLUs includes proposed tree plantings along the internal
private road and is addressed above under DCC 19.76.
25. Section 17.36.280. Water and sewer lines.
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Where required by the applicable zoning ordinance, water and sewer lines
shall be constructed to County and City standards and specifications.
Required water mains and service lines shall be installed prior to the
curbing and paving of new streets in all new subdivisions or partitions.
FINDING: As documented in the CMP and FMP approval decisions, Tetherow has executed
a Water/Sewer Service Agreement with the City of Bend to provide water and sanitary
sewer service to the entire resort. The Preliminary Water and Sewer Plans provided in the
Tentative Plan application depicts the preliminary design for the extension of the water and
sewer systems to serve this Tentative Plan. Applicant will work with the City of Bend on
final designs in accordance with the existing City Service Agreement.
A condition of approval has been added requiring the applicant to extend water and sewer
lines to the boundary of each lot prior to the curbing and paving of new streets. Water and
sewer lines shall be installed pursuant to City specifications.
26. Section 17.36.300. Public water system.
in any subdivision or partition where a public water system is required or
proposed, plans for the water system shall be submitted and approved by
the appropriate state or federal agency. A community water system shall be
required where lot or parcel sizes are less than one acre or where potable
water sources are at depths greater than 500 feet, excepting land
partitions. Except as provided for in sections 17.24.120 and 17.24.130, a
required water system shall be constructed and operational, with lines
extended to the lot line of each and every lot depicted in the proposed
subdivision or partition plat, prior to final approval.
FINDING: No new public water system is proposed. This criterion is not applicable.
C. Chapter 17.44, Park Development
FINDING: The Tetherow Resort land owners entered into an agreement with Bend Metro
Park and Recreation District (BMPRD) regarding Park Development requirements, prior to
completion of the CMP and FMP. The Agreement included a land conveyance of the 14 -acre
parcel currently owned by BMPRD adjacent to the eastern boundary of the Tetherow
Resort for use as park and natural open space. The Resort developers also donated
$75,000 to BMPRD to defray the costs of constructing and installing park improvements.
Additionally, the Resort developers agreed through that Agreement and subsequent CMP
and FMP approval process to reserve a 10 -acre area within Tetherow for the creation of a
"park area" accessible to the public.
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The requirements of this chapter have been met.
D. Chapter 17.48, Design and Construction Specifications
1. Section 17.48.100. Minimum Right of Way Width.
The minimum right of way width is 60 feet unless specified otherwise in
Table A (or in any right of way specifications set forth for a particular zone
in a zoning ordinance). (See Table A set out at the end of DCC Title 17.)
FINDING: All of the proposed roads in the submitted Tentative Plan are private. Minimum
right of way width for private roads is governed by the VPAP, which allows right of way
widths to be between 20 and 60 feet. As indicated on the submitted Modified Tentative
Plan, proposed private road rights-of-way are 24 feet wide, in compliance with the VPAP.
2. Section 17.48.110. Turn Lanes.
When a turn lane is required, it shall be a minimum of 14 feet in width,
except where road specifications in a zoning ordinance provide for travel
lanes of lesser width. Additional right of way may be required.
FINDING: No turn lane is proposed or required.
3. Section 17.48.120, Partial Width Roads.
Partial width roads or half streets shall not be allowed.
FINDING: No partial width road or half streets are proposed. All proposed roads meet
minimum widths and right of way requirements.
4. Section 17.48.130. Road Names.
All roads shall be named in conformance with the provisions of the
Deschutes County uniform road naming system set forth in DCC Title 16.
FINDING: The names featured in the submitted exhibits are placeholders. Private
roadways will be named at a later time and will conform to County road naming standards.
A condition of approval requires the final road name to conform with the provisions of the
Deschutes County uniform road naming system set forth in DCC Title 16.
S. Section 17.48.140. Bikeways.
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A. General Design Criteria.
1. Bikeways shall be designed in accordance with the current
standards and guidelines of the Oregon (ODOT) Bicycle and
Pedestrian Plan, the American Association of State Highway
Transportation Officials (AASHTO) Guide for Development of
New Bicycle Facilities, and the Deschutes County Bicycle
Master Plan. See DCC 17.48 Table B.
2. All collectors and arterials shown on the County
Transportation Plan map shall be constructed to include
bikeways as defined by the Deschutes County Bicycle Master
Plan.
3. If interim road standards are used, interim bikeways and/or
walkways shall be provided. These interim facilities shall be
adequate to serve bicyclists and pedestrians until the time of
road upgrade.
B. Multi -use Paths.
1. Multi -use paths shall be used where aesthetic, recreation and
safety concerns are primary and a direct route with few
intersections can be established. If private roads are
constructed to a width of less than 28 feet, multi -use paths
shall be provided.
2. Multi -use paths are two-way facilities with a standard width
of 10 feet, but with a 12 foot width if they are subjected to
high use by multiple users. These paths shall meet County
multi -use path standards and shall connect with bike
facilities on public roads.
C. Bike Lanes. Six-foot bike lanes shall be used on new construction of
curbed arterials and collectors.
D. Shoulder Bikeways.
1. Shoulder bikeways shall be used on new construction of
uncurbed arterials and collectors.
2. Shoulder bikeways shall be at least four feet wide. Where the
travel lane on an existing arterial or collector is not greater
than eleven feet, the bikeway shall be a minimum of four feet
wide.
E. Mountain Bike Trails.
1. Mountain bike (dirt or other unpaved surface) trails may be
used as recreational or interim transportation facilities.
2. Trails used for transportation shall have a two foot minimum
tread width and a six-foot minimum clearing width centered
over the trail, and a minimum overhead clearance of seven
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feet. Trails used solely for recreational use may be narrower
with less clearing of vegetation.
FINDING: The private road and drives are not required to have bike lanes as they are not
collector or arterial roads. Meeks Trail and Skyline Ranch Road already feature a compliant
10 -foot -wide multi -use path, which is available to bikers. Moreover, a pathway providing
an east -west connection between Development Tract AB North and the commercial core
properties to the west was approved in 247 -14 -000430 -CU / 429 -SP / 428 -TP. The Applicant
is further proposing a pathway connecting the proposed subdivision to the adjacent
Highlands Lodge. These amenities offer safe and efficient travel routes for both
pedestrians and bikers. No mountain bike trails are proposed.
6. Section 17.48.150. Structures.
All structures that carry a road or cross over a road shall be designed to
have a 50 year life span. All designs must be approved by the Road
Department Director and other affected public or private agencies.
FINDING: No structures to carry or cross over a road are proposed.
7. Section 17.48.160. Road Development Requirements - Standards.
A. Subdivision Standards. All roads in new subdivisions shall either be
constructed to a standard acceptable for inclusion in the county
maintained system or the subdivision shall be part of a special road
district or a homeowners association in a planned unit development.
FINDING: As noted earlier herein, all proposed roads in this subdivision are private and
are in accordance with applicable standards of the resort VPAP. All of the proposed
roadways are private, and will be maintained by a Tetherow Resort Owner's Association or
Tetherow Vacation Home Owners Association.
B. Improvements of Public Rights of Way.
1. The developer of a subdivision or partition will be required to
improve all public ways that are adjacent or within the land
development.
2. All improvements within public rights of way shall conform to
the improvement standards designated in DCC Title 17 for the
applicable road classification, except where a zoning
ordinance sets forth different standards for a particular zone.
C. Primary Access Roads.
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1. The primary access road for any new subdivision shall be
improved to the applicable standard set forth in Table A.
2. The applicable standard shall be determined with reference
to the road's classification under the relevant transportation
plan.
3. For the purposes of DCC 17.48.160 a primary access road is a
road leading to the subdivision from an existing paved county,
city or state maintained road that provides the primary
access to the subdivision from such a road.
FINDING: Skyline Ranch Road, Meeks Trail, Tetherow Drive, Tetherow Overlook Court,
Meeks Rim Drive, and the proposed "North Drive" serve as the primary access routes to the
proposed subdivision. Existing roads, roads presently under construction, and proposed
roads will all meet VPAP standards. Applicant will extend "North Drive" to the boundary of
Development Tract AB North to provide connectivity for future development of that
property.
D. Secondary Access Roads. When deemed necessary by the County
Road Department or Community Development Department, a
secondary access road shall be constructed to the subdivision.
Construction shall be to the same standard used for roads within the
subdivision.
FINDING: As identified above, the proposed subdivision is immediately accessed from
either Tetherow Drive or Tetherow Overlook Court. These roads, through other internal
roads, connect to Skyline Ranch Road and Meeks Trail. Furthermore, Applicant has secured
an easement across Development Tract AB that will allow for emergency vehicles to have a
second access to the subdivision.
E. Stubbed Roads. Any proposed road that terminates at a
development boundary shall be constructed with a paved cul-de-sac
bulb.
FINDING: "North Drive" terminates at the boundary with Development Tract AB North.
The Applicant has stated that, given that the portion of "North Drive" east of Tetherow
Overlook Court is less than 150 feet, no cul-de-sac or hammerhead is required per the fire
code. Staff has included a condition of approval requiring documented compliance with all
applicable fire code prior to final plat approval.
F. Cul-de-sacs.
1. Cul-de-sacs shall have a length of less than 600 feet, unless a
longer length is approved by the applicable fire protection
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district, and more than 100 feet from the center of the bulb to
the intersection with the main road.
2. The maximum grade on the bulb shall be four percent.
FINDING: No cul-de-sacs are proposed as part of this application.
G. Frontage Roads. Right of way widths shall be 40 feet when
immediately adjacent to a main highway/arterial; 60 feet when the
frontage road is separated from the highway or arterial by private
land or as set forth for a particular zone in the zoning ordinance.
FINDING: No frontage roads are proposed as part of this application.
8. Section 17.48.180. Private Roads.
The following minimum road standards shall apply for private roads:
A. The minimum paved roadway width shall be twenty-four feet in
planned unit developments and cluster developments containing
twenty or more residential units when separate paved
bicycle/pedestrian ways are provided in such developments, the
minimum paved roadway width shall be twenty-eight feet, including
four foot wide bike lanes, and two foot wide gravel shoulders,
FINDING: As noted earlier, road standards for private roads within the Resort are
governed by the VPAP. The VPAP allows for private roads with a minimum paved width of
20 feet. As indicated on the submitted Tentative Plan, all roads satisfy the requirements of
the VPAP.
B. Minimum Radius of curvature, fifty feet;
C. Maximum grade, 12 percent,
FINDING: As indicated in the submitted plans, all proposed private roads would meet
these criteria.
D. At least one road name sign would be provided at each intersection
for each road.
FINDING: The Applicant agrees to provide signage as required by this criterion. A
condition of approval has been added to ensure compliance.
E. A method for continuing road maintenance acceptable to the
County;
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FINDING: Maintenance for the roads will be the responsibility of the Tetherow Owner's
Association (master association) or the Tetherow Vacation Home Owner's Association
(neighborhood association for the remainder of former Tract AA).
F. Private road systems shall include provisions for bicycle and
pedestrian traffic. Shoulder bike lanes shall be a minimum of 4 feet
wide, paved and striped, with no on -street parking allowed within
the bikeway. When private roads are developed to a width of less
than 28 feet, bike paths constructed to County standards shall be
required.
FINDING: The project would comply with the approved Vehicle and Pedestrian Access
Plan, and the approved Master Trails Plan. Those documents include a resort wide multi-
use trail system along the major roadways, and soft surface trails through select open
space areas.
9. Section 17.48.190. Drainage.
A. Minimum Requirements.
1. Drainage facilities shall be designed and constructed to
receive and/or transport at least a design storm as defined in
the current Central Oregon Stormwater Manual created by
Central Oregon Intergovernmental Council and all surface
drainage water coming to and/or passing through the
development or roadway.
FINDING: As a condition of approval, the applicant shall be required to provide
certification by a licensed professional engineer that drainage facilities have been designed
and constructed in accordance with the current Central Oregon Stormwater Manual to
receive and/or transport at least the design storm (as defined in the current Central
Oregon Stormwater Manual) for all surface drainage water including stormwater coming to
and/or passing through the development.
2. The system shall be designed for maximum allowable
development.
FINDING: The CMP/FMP and Tetherow's design guidelines substantially limit the amount
of additional development that could occur on the subject property beyond that proposed
by the Applicant. As the proposed facilities are sufficient to support the proposed
development, and because little if any additional development could occur, the proposed
design is sufficient to handle all likely development on the subject property.
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B. Curbed Sections.
1. Storm drains within curbed streets shall be designed per the
requirements of the current Central Oregon Stormwater
Manual created by the Central Oregon Intergovernmental
Council.
FINDING: The application proposes curbed private streets. Storm drains within curbed
streets shall be designed in accordance with Section 2.2.5, "Storm Drain Systems and Inlets"
of the Central Oregon Storm Manual, dated August 2010. This has been added as a
condition of approval.
2. Catchbasins shall be constructed in accordance with drawing
Nos. 3-1, 3-2 and 3-3. (See drawings 3-1, 3-2 and 3-3 set out at
the end of DCC Title 17 and by this reference incorporated
herein.) Chapter 17.48 8 (10/2011).
FINDING: As a condition of approval, catchbasins shall be constructed in accordance with
drawing Nos. 3-1, 3-2 and 3-3 (See drawings 3-1, 3-2 and 3-3 set out at the end of DCC Title
17 and by this reference incorporated herein.) referenced in Chapter 17.48.460 (10/2011).
C. Noncurbed Sections.
1. Road culverts shall be concrete or metal with a minimum
design life of 50 years.
2. All cross culverts shall be 18 inches in diameter or larger.
3. Culverts shall be placed in natural drainage areas and shall
provide positive drainage.
FINDING: No noncurbed sections are proposed.
D. Drainage Swa/es. The Design Engineer is responsible to design a
drainage swa/e adequate to control a design storm as defined in the
Central Oregon Stormwater Manual created by Central Oregon
Intergovernmental Council.
FINDING: Drainage swales are not proposed in this subdivision.
E. Drainage Plans. A complete set of drainage plans including hydraulic
and hydrologic calculations shall be incorporated in all road
improvement plans.
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FINDING: As a condition of approval, a complete set of drainage plans including hydraulic
and hydrologic calculations shall be incorporated in all road improvement plans.
F. Drill Holes. Drill holes are prohibited.
FINDING: No drillholes are proposed.
G. Injection wells (drywells) are prohibited in the public right-of-way.
FINDING: There is no adjacent public right-of-way.
V. CONCLUSION:
Based on the foregoing Basic and Conclusionary Findings, Staff concludes that the
proposed project can meet all applicable criteria for approval. Other permits may be
required. The applicant is responsible for obtaining any necessary permits from the
Deschutes County Building Division, the Deschutes County Environmental Soils
Division and the Deschutes County Road Department, as well as any required state
and federal permits.
VI. DECISION:
APPROVAL, subject to the following conditions of approval
VII. CONDITIONS OF APPROVAL:
1. This approval is based upon the information submitted by the applicant. Any
substantial change will require a new application.
2. All conditions of approval from prior land use approvals in the Tetherow Destination
Resort remain in effect.
PRIOR TO FINAL PLAT APPROVAL
3. Before approval of the final plat, the applicant shall provide:
a. Documentation demonstrating compliance with the 2-1/2 to 1 ratio as
defined in DCC 19.106.060(D)(2);
b. Documentation on all individually -owned residential units counted as
overnight lodging, including all of the following:
i. Deed restrictions, that may be in the form of, but is not limited to,
conditions of approval agreements, requiring the individually -owned
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 83
residential units designated as overnight lodging units to be available
for rental at least 38 weeks each year through a central reservation
service operated by the resort or by a real estate property manager,
as defined in ORS 696.010;
ii. An irrevocable provision in the resort Conditions, Covenants and
Restrictions ("CC&Rs) requiring the individually -owned residential
units designated as overnight lodging units to be available for rental
at least 38 weeks each year through a central reservation service
operated by the resort or by a real estate property manager, as
defined in ORS 696.010;
iii. A provision in the resort CC&R's that all property owners within the
resort recognize that failure to meet the conditions in DCC
19.106.0600)(6)(b)(ii) is a violation of Deschutes County Code and
subject to code enforcement proceedings by the County;
iv. Inclusion of language in any rental management contract between the
owner of an individually -owned residential unit designated as an
overnight lodging unit and any central reservation service or real
estate property manager requiring that such unit be available for
rental at least 38 weeks each year through a central reservation
service operated by the resort or by a real estate property manager,
as defined in ORS 696.010, and that failure to meet the conditions in
DCC 19.106.060a)(6)(b)(iv) is a violation of Deschutes County Code and
subject to code enforcement proceedings by the County.
4. The applicant shall have the subdivision name approved by the County Surveyor
prior to recording a final plat. No tentative subdivision plan or subdivision plat of a
subdivision shall be approved which bears a name similar to or pronounced the
same as the name of any other subdivision in the same county, unless the land
platted is contiguous to and platted by the same party that platted the subdivision
bearing that name or unless the party files and records the consent of the party that
platted the contiguous subdivision bearing that name.
5. Except for extensions of existing streets, no street name shall be used which will
duplicate or be confused with the name of an existing street in a nearby city or in
the County. Street names and numbers shall conform to the established pattern in
the County and shall require approval from the County Property Address
Coordinator, prior to recording a final plat.
6. All required utility easements shall be shown on the final plat. Easements shall be
provided along property lines when necessary for the placement of overhead or
underground utilities, and to provide the subdivision or partition with electric
power, communication facilities, street lighting, sewer lines, water lines, gas lines or
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 84
drainage. Such easements shall be labeled "Public Utility Easement" on the tentative
and final plat; they shall be at least 12 feet in width and centered on lot lines where
possible, except utility pole guyline easements along the rear of lots or parcels
adjacent to unsubdivided land may be reduced to 10 feet in width.
7. The applicant shall extend water and sewer lines to the boundary of each lot prior
to final plat approval. Water and sewer lines shall be constructed to City standards
and specifications. Required water mains and service lines shall be installed prior to
the curbing and paving of new streets in all new subdivisions or partitions.
8. A complete set of drainage plans including hydraulic and hydrologic calculations
shall be incorporated in all road improvement plans.
9. As required by the Deschutes County Road Department:
A. Applicant shall submit road improvement plans designed by a registered
professional engineer to Road Department for approval prior to
commencement of construction pursuant to DCC 17.40.020 and 17.48.060.
improvements shall be constructed under the inspection of a registered
professional engineer consistent with ORS 92.097 and DCC 17.40.040.
B. Road improvement design and construction shall be in accordance with all
applicable sections of DCC 17.48 and the approved Tetherow Vehicle and
Pedestrian Access Plan.
C. Drainage improvement design and construction shall be in accordance with
DCC 17.48.190.
D. Maintenance of all proposed roads and drainage facilities shall be assigned
to a home owners association by covenant or agreement pursuant to DCC.
17.16.040 and 17.48.180(E).
E. All easements of record or existing rights-of-way shall be noted on the final
subdivision plat.
10. Applicant shall record condition of approval agreements that ensure the Lock -Offs
relied upon for meeting ratio requirements are available for overnight rental use by
the general public for at least 38 weeks per calendar year through a central
reservation system operated by the destination resort or by a real estate property
manager, as defined in ORS 696.010.
11. The applicant shall document that the proposed subdivision meets all fire
protection requirements of the Bend Fire Department, prior to final plat approval.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 85
12. Streets and roads held for private use are clearly indicated on the tentative plan and
all reservations or restrictions relating to such private roads and streets are set forth
thereon.
13. The applicant shall be required to provide certification by a licensed professional
engineer that drainage facilities have been designed and constructed in accordance
with the current Central Oregon Stormwater Manual to receive and/or transport at
least the design storm (as defined in the current Central Oregon Stormwater
Manual) for all surface drainage water including stormwater coming to and/or
passing through the development.
14. An erosion control plan compliant with -all standards of ORS Chapter 4686 was
approved at the time of CMP approval. The proposed project shall comply with this
plan.
15. The subdivision final plat shall be in substantial conformity with the provisions of
the tentative plan for the subdivision or partition, as approved.
16. The subdivision plat shall contain a donation to the public of all sewage disposal and
water supply systems.
17. Explanations for all common improvements required as conditions of approval of
the tentative plan of the subdivision shall been recorded and referenced on the
subdivision or partition plat.
18. The applicant shall provide a certification by a city -owned domestic water supply
system or by the owner of a privately owned domestic water supply system, subject
to regulation by the Public Utility Commission of Oregon, that water will be available
to the lot line of each and every lot depicted in the proposed subdivision plat OR a
bond, irrevocable letter of credit, contract or other assurance by the subdivider to
the city or county that a domestic water supply system will be installed by or on
behalf of the subdivider to the lot line of each and every lot depicted in the
proposed subdivision plat; and the amount of any such bond, irrevocable letter of
credit, contract or other assurance by the subdivider shall be determined by a
registered professional engineer, subject to any change in such amount as
determined necessary by the city or county.
19. The applicant shall provide a certification by a city -owned sewage disposal system
or by the owner of a privately owned sewage disposal system that is subject to
regulation by the Public Utility Commission of Oregon that a sewage disposal
system will be available to the lot line of each and every lot depicted in the proposed
subdivision plat OR A bond, irrevocable letter of credit, contract or other assurance
by the subdivider to the city or county that a sewage disposal system will be
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 86
installed by or on behalf of the subdivider to the lot line of each and every lot
depicted on the proposed subdivision plat; and the amount of such bond,
irrevocable letter of credit, contract or other assurance shall be determined by a
registered professional engineer, subject to any change in such amount as the city
or county considers necessary.
20. The applicant(s) shall enter into a written agreement in a form approved by the
County Legal Counsel that establishes the rights, responsibilities and liabilities of the
parties with respect to maintenance and use of any common areas of the unit, such
as, but not limited to, common walls, roofing, water pipes and electrical wiring. Such
agreement shall be in a form suitable for recording, and shall be binding upon the
heirs, executors, administrators and assigns of the parties.
21. All roads shall be named in conformance with the provisions of the Deschutes
County uniform road naming system set forth in DCC Title 16.
22. Subject to any standards and procedures adopted pursuant to ORS 92.044, no plat
of subdivision or partition located within the boundaries of an irrigation district,
drainage district, water control district, water improvement district or district
improvement company shall be approved by the county unless the county has
received and accepted a certification from the district or company that the
subdivision or partition is either entirely excluded from the district or company or is
included within the district or company for purposes of receiving services and
subjecting the subdivision or partition to the fees and other charges of the district or
company.
23. An amended improvement agreement must be recorded either prior to or
concurrently with 1) the recording of a plat under this decision and 2) the issuance
of any building permits under DCC 17.24.120(C) under this decision.
Notwithstanding, if the Applicant can demonstrate, to the satisfaction of Deschutes
County Planning Department, that alternative procedures will ensure the
uninterrupted continuity of the security and the County's ability call on and develop
the required overnight units, a plat may be recorded and/or building permits issued
under DCC 17.24.120(C) prior to amendment of the improvement agreement.
WITH CONSTRUCTION
24. Borders for landscape beds abutting parking areas shall be constructed with
extruded or poured -in-place concrete, retaining walls, or sidewalks.
25. At least one road name sign shall be provided at each intersection for each road.
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 87
26. Grading shall be finished in such a manner as not to create steep banks or unsightly
areas to adjacent property.
27. All improved off street parking depicted on the site plan shall include a minimum of
two inches of paving.
28. Storm drains within curbed streets shall be designed in accordance with Section
2.2.5, "Storm Drain Systems and Inlets" of the Central Oregon Storm Manual, dated
August 2010.
29. Any catchbasins shall be constructed in accordance with drawing Nos. 3-1, 3-2 and
3-3 (See drawings 3-1, 3-2 and 3-3 set out at the end of DCC Title 17 and by this
reference incorporated herein.) referenced in Chapter 17.48.460 (10/2011).
30. All units required by state law to be available for overnight accommodations shall
be reviewed for accessibility and fire suppression, prior to issuance to building
permits.
AT ALL TIMES
31. Vegetation planted in accordance with an approved site plan shall be maintained by
the owner, any heir or assignee. Plants or trees that die or are damaged shall be
replaced and maintained. All deciduous trees will be a minimum of two inches in
diameter at breat height.
32. Required parking space shall be available for the parking of operable passenger
automobiles of residents only, and shall not be used for the storage of vehicles or
materials.
33. Failure of the approved destination resort to comply with the requirements in DCC
19.106.0600)(2) through (6) will result in the County declining to accept or process
any further land use actions associated with any part of the resort and the County
shall not issue any permits associated with any lots or site plans on any part of the
resort until proof is provided to the County of compliance with those conditions.
34. As a condition of approval, any drywells shall be approved by the Department of
Environmental Quality (DEQ).
35. Independent utility service shall be provided to each unit, including, but not limited
to, water, electricity and natural gas, unless common utilities are approved by the
affected utility agency and are adequately covered by easements.
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VIII. DURATION OF APPROVAL:
Site Plan: All conditions of approval and submission of an application for a building
permit for the structures must occur within two (2) years from the date this decision
becomes final, or an extension of time pursuant to Section 22.36.010 of the County
Code obtained, or this approval shall be void.
Tentative Plat: This tentative plan approval shall be void after two years from the
date this decision becomes final, unless the final plat has been submitted to the
Planning Division for final approval within that time period, an extension is sought
under DCC 22.36.010 or the preliminary plat approval has been initiated as defined
in DCC 22.36.020. In accordance with DCC 22.36.010(6)(3), each phase final plat
must be submitted to the Planning Division within two years of completion of the
prior phase.
This decision becomes final twelve (12) days after the date of mailing, unless
appealed by a party of interest.
DESCHUTES COUNTY PLANNING DIVISION
�4� e 0 x0p, -0-1e� �
Written by: Will Groves, Senior Planner
Reviewed by: Peter Gutowsky, Planning Manager
247 -17 -000484 -MC / 485 -TP / 486 -SP / 18 -336 -MA 89
E S COG
44./� �
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 BOCC Monday Meeting of September 30, 2019
DATE: September 25, 2019
FROM: Erik Kropp, Administrative Services, 541-388-6584
TITLE OF AGENDA ITEM:
Consideration of Support Letter for Neighborlmpact Grant
RECOMMENDATION & ACTION REQUESTED:
Staff recommends Board approval of the letter supporting Neigh borlmpact's Food
Recovery Program grant application to DEQ.
BACKGROUND AND POLICY IMPLICATIONS:
Neighborlmpact operates Central Oregon's main food bank. Through its Food Recovery
Program, Neighborlmpact recovers safe and edible produce, dairy, bread and meat from 17
local grocery stores for redistribution to area pantries, shelters, emergency food box locations,
congregate meal sites and other food distribution programs. To help operate this program,
Neighborlmpact is applying for a grant from the Oregon Department of Environmental Quality
(DEQ) Materials Management Program. In addition to feeding local residents, the program has
the added benefit of diverting waste from Knott Landfill. Waste diversion extends the life of the
landfill.
Neighborlmpact has requested a letter of support for their application to DEQ. The grant
application deadline is October 4, 2019. Attached for Board consideration is a draft letter of
support.
FISCAL IMPLICATIONS:
None
ATTENDANCE: Erik Kropp, Deputy County Administrator
**DRAFT**
September 25, 2019
Oregon Department of Environmental Quality (DEQ)
Materials Management Grants Program
700 NE Multnomah Street, Suite 600
Portland, OR 97232-4100
Dear Oregon DEQ:
We are writing to support NeighborImpact's Food Recovery Program application for funding under DEQ's
Materials Management Grant Program. As the County with jurisdiction over the regional landfill, Deschutes
County considers waste management reduction practices vitally important to us as well as to our larger
community.
Each year NeighborImpact diverts several millions of pounds of food that would otherwise end up in the landfill.
NeighborImpact's project aligns with our materials management priorities to divert materials away from the
landfill. Not only does this practice extend the life of the landfill, but it also assists NeighborImpact provide food
to emergency food sites throughout Central Oregon.
The Food Recovery Program also matches DEQ's 2050 Vision for Materials Management in Oregon:
• It recovers products for their next highest and best use
• It minimizes the release of greenhouse gases and pollutants
We enthusiastically support the work of NeighborImpact and their significant role in the Central Oregon service
continuum. We endorse the use of DEQ funds for NeighborImpact's Food Recovery Program, which we consider
an important community service.
Thank you for considering this request and for supporting the important work performed by organizations like
NeighborImpact.
Sincerely,
Philip G. Henderson Patti Adair Anthony DeBone
Chair Vice Chair Commissioner
1300 NW Wall Street Bend, Oregon 07703
(5q1 ) 388-6571 ca doardCDdeschuteS arg ® wwtn/.deschutes org
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Neigh �r
•cFood Bank is the g
iffiliate of Oregon Food Bank
Our Food Bank collects and distributes over 3 million pounds of food to 47 local agencies
in Crook, Deschutes and Jefferson counties and to the Confederated Tribes of Warm
Springs. The emergency food sites that receive food from our Food Bank feed over 25,000
individuals every month.
Through our Food Recovery Program, we recover safe, edible produce, dairy, bread and
meat from 17 grocery stores in Deschutes County, sort the food at our warehouse and
redistribute it to 47 partner agencies who operate pantries, shelters, emergency food box
locations, congregate meal sites and food distribution programs in Central Oregon. No
other organization in Central Oregon recovers and redistributes food or addresses waste
reduction on our scale: we are the hub of the food distribution network.
distributes more fresh food to more locations throughout Central Oregon than any
other agency.
Our efforts divert 50 tons of healthy, edible food from landfills every
month and increase the quantity, quality and nutritional value of food available. In 2017,
we distributed 2.6 million pounds of food; 49% originated from food rescue, local grocers,
farmers and gardeners - a greater percent of locally -recovered food than any other food
bank in Oregon,
Residents can access food from our Partner Agencies in Bend, Redmond, Sisters, Prineville,
Madras, Sunriver and La Pine.
Food Pantries 65"
Meal Sites B"
Brown Bag Site Locations Gr
Mobile Food Pantry Gi'
Give Food
Host a Food Drive Gr
Donate Food Goo'
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations
and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering
USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age,
or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program i Donate
Braille, large print, audiotape, American Sign Language, etc,), should contact the Agency (State or local) where
FEDERAL LAND MANAGEMENT SUBCOMMITTEE
OF THE AOC NATURAL RESOURCES POLICY STEERING COMMITTEE
email - smorganCa�oregoncounties.org
Phone - 541-430-0004
September 20, 2019
Dear Deschutes County Commissioners,
The Federal Lands Sub Committee will be approving the 2020 budget at the meeting scheduled for
October 14, 2019. This letter serves to notify you that you need to designate a Commissioner to vote on
behalf of your county.
Your county has paid 2019 membership dues to the Federal Land Management Subcommittee and is a
member in good standing of the Board of Directors of the Subcommittee as defined in the by-laws. Your
county is entitled to one vote.
To appoint the voting member, the by-laws state in Article II, Sec 3 (b): The member county must
appoint one of its governing body members to vote on its behalf. The county makes the appointment of
its voting member by a letter signed by the majority of the governing body and delivered to
subcommittee staff when it pays its dues to the subcommittee. If the county changes its voting
member, it must do so by letter signed by the majority of the governing body and delivered to
subcommittee staff.
The budget for the 2020 year will be voted on at the Federal Lands Subcommittee Meeting that will be
held on October 14, 2019, at 7:00am at the Local Gov't Center as part of AOC Day. To be eligible to vote
I need a letter designating your voting commissioner by that date.
Please forward your designation letter to me at your earliest convenience to be eligible to vote on the
budget at the October 14th meeting.
As always, please don't hesitate to contact me if you have questions or need more information.
Sincerely,
Susan Morgan
AOC Policy Manager for Natural Resources & Revenue
Staff to the Federal Lands Management Subcommittee
541-430-0004 — Cell
smorgan@oregoncounties.org - email