2019-453-Order No. 2019-043 Recorded 11/1/2019 Recorded in Deschutes County CJ2019-453
Nancy Blankenship, County Clerk
Commissioners'Journal 11/01/2019 12:05:03 PM
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For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Review of Hearings Officer's *
Decision in Application No. 247-19-000611-A. * ' ORDER NO. 2019-043
' WHEREAS, the Oregon Land Use Board of Appeals ("LUBA") issued a final opinion and order
in LUBA No. 2018-140 remanding the County's approval of a Thornburgh Destination Resort tentative
plan and site plan; and
WHEREAS, on October 15, 2019, a Deschutes County Hearings Officer issued a decision on
Application No. 247-19-000611-A, a LUBA remand for Application Nos. 247-18-000386-TP, 247-18-
000454-SP, and 247-18-000592-MA; and
WHEREAS', Section 22.32.035 of the Deschutes County Code ("DCC") allows the Board of
County Commissioners("Board") discretion on whether to hear appeals of Hearings Officer's decisions;
and
WHEREAS, the Board has given due consideration as to whether to review this application on
appeal; now therefore,
THE BOARD OF COUNTY; COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That it will hear on appeal application 247-19-000799-A (appeal of 247-19-
000611-A)
pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the
County land use ordinances. -
Section 2. Staff shall cause notice of this action to be given to all persons or parties entitled
to notice pursuant to DCC 22.24.030, DCC 22.24.080(A), and DCC 22.32.030.
. Section 3. The appeal shall be heard on'the record pursuant to DCC 22.32.027 and DCC
22.32.030.
• Section 4. Pursuant to DCC 22.32.030(E)(1),written arguments based upon the record may
be submitted by parties to the'decision. Parties are encouraged to submit proposed draft findings with
their written arguments.
Section 5. All written arguments and proposed draft findings must be received by the County
no later than 11:59 p.m. on Sunday, November 10, 2019.
Section 6. No oral evidence, argument, or comment other than staff comments in
conjunction with this review shall be taken. The Board shall not consider any new factual information
ORDER NO.2019-043 PAGE 1.0F 2
pursuant to DCC 22.32.030(E), except that the Board reserves the right to take judicial notice of any
action or order taken by the Oregon Supreme Court considering this matter.
Section 7. The Board, as the appeal hearings body, waives the requirement that the
appellant provide a complete transcript for the appeal hearing pursuant to DCC 22.32.024(D).
DATED this day of vdotl 2019.
BOARD OF COUNTY COMMISSIONERS
(Pki,
PHILIP G HENDERSON, Chair
ATTEST: PATTI ADAIR, Vice Chair
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Recording Secretary ANTHONY DeBONE, Commissioner
ORDER NO.2019-043 PAGE 2 OF 2