2025-112-Order No. 2025-014 Recorded 4/17/2025REVIEWED
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LEtAL COUNSEL
Recorded in Deschutes County CJ2025-112
Steve Dennison, County Clerk
Cornrnissioner5',Journal 04/117/2025 4:31:02 PM
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. 2025-112
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Allowing the Board of County
Commissioners to Consider New Evidence * ORDER NO. 2025-014
Relevant to LUBA Nos. 2023-038, -039, -041
and File No. 247-25-000229-A
WHEREAS, the Oregon Land Use Board of Appeals ("LUBA") issued a final opinion and order
in LUBA Nos. 2025-038, -039, -041 remanding the County's approval of a Thornburgh Destination
Resort modification of approval to amend the Final Master Plan (FMP) by amending the Fish and
Wildlife Management Plan (FWMP); and
WHEREAS, Central Land & Cattle Co., LLC, the applicant, initiated the LUBA remand in File
No. 247-25-000229-A; and
WHEREAS, Section 22.34.040(A) of the Deschutes County Code ("DCC") allows the Board of
r-......t., r'...�..,.-...i.-.-:oners IT'Doard"I di,-cretion to n the r rA is--,�- ces i .,l;cl- ;+- -leems to
County k-U1111111JJIV1 Commissioners k UVQI u Jul CUVI I LV I CUPC U IC I el.Vl u 111 II IJ lQ11l.CJ III VVI II 1 Il UCCI I IJ lV
be appropriate to do so; and
WHEREAS, during previous proceedings concerning land use applications for the
Thornburgh Destination Resort it was acknowledged that a Board order is required to accept new
evidence relating to issues remanded by LUBA unless LUBA expressly allows the consideration of
new evidence on remand;
WHEREAS, the Applicant has requested that the reopened record be limited to only one
remand issue, addressing the economic analysis required pursuant to DCC 18.113(C)(3) and (4) for
the FWMP.
WHEREAS, the Board wishes to clarify that parties may present new evidence regarding the
issue remanded to the County by LUBA in this matter and described above; and
WHEREAS, the Board does not wish to reopen the record to allow parties to raise new
issues; any additional testimony and evidence submitted by the parties will need to comply with
DCC 22.34.040(C); now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
PAGE 1 OF 2 - ORDER No. 2025-014
Section 1. The Board hereby reopens the record of the Thornburgh Destination Resort
modification of approval application numbered 247-22-000678-MC to consider new testimony
and evidence related to the economic analysis required pursuant to DCC 18.113(C)(3) and (4) for
the FWMP, as remanded by LUBA.
Section 2. The County on remand shall not accept new testimony and evidence on any
other issues unless allowed by DCC 22.34.040(C).
Dated this 16 of April, 2025
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDER No. 2025-014
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
*1AVic�eClh a i
PHIL CHANG, Commissioner
MEETING DATE: April 16, 2025
SUBJECT: Consideration of Board Order No. 2025-014 to reopen the record for the
Thornburgh Destination Resort remand hearing proceedings
RECOMMENDED MOTION:
Either:
A) Move to approve Order No. 2025-014 to reopen the record on remand for file
no. 247-25-000229-A, for each issue on remand by LUBA; or
B) Move to approve Order No. 2025-014 to reopen the record on remand for file
no. 247-25-000229-A, only addressing the economic analysis required pursuant to
DCC 18.113(C)(3) and (4), as remanded by LUBA.
BACKGROUND AND POLICY IMPLICATIONS:
On April 7, 2025, the Thornburgh Resort initiated a Land Use Board of Appeals (LUBA)
remand, file no. 247-25-000229-A. Staff respectfully requests that the Board of County
Commissioners approve Order No. 2025-014 to allow the Board to receive additional
testimony and evidence related to the LUBA remand.
BUDGET IMPACTS:
None
ATTENDANCE:
Will Groves, Planning Manager
Stephanie Marshall, Senior Assistant Legal Counsel
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DATE: April 16, 2025
TO: Board of County Commissioners
FROM: Jacob Ripper, AICP, Senior Planner
Will Groves, Planning Manager
RE: Thornburgh Destination Resort Remand Hearing Proceedings
On April 7, 2025, the Thornburgh Resort initiated a Land Use Board of Appeals (LUBA) remand, file
no. 247-25-000229-A. Staff respectfully requests the Board of County Commissioners (Board) to
issue Order 2025-014 to allow the Board to receive additional testimony and evidence related to the
LUBA remand. There are three remand issues to be resolved and are noted below.
The subject application is a request for modification of the destination resort Final Master Plan
(FMP). The requested modification involves a request to apply Thornburgh's 2022 Fish and Wildlife
Management Plan (2022 FWMP).
Deschutes County Code (DCC) 22.34.040, Proceedings on Remand, grants the Board discretion to:
• Reopen the record in instances in which it deems to be appropriate;
• Enable a remanded application for a land use permit to be modified to address issues
involved in the remand to the extent that such modifications would not substantially alter
the proposal and would not have a significantly greater impact on surrounding neighbors;
and,
• Allow parties to raise new, unresolved issues that relate to new evidence directed toward the
issue on remand.
I. BACKGROUND
The Thornburgh Destination Resort has a long and complex history. The Conceptual Master Plan
(CMP) was applied for in 2005. The Final Master Plan (FMP) was originally applied for in 2007. Years
of litigation resulted in the FMP being affirmed by LUBA in 2018.
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 a@ cdd@deschutes.org ® www.deschutes.org/cd
The subject application was received by the Planning Division on August 17, 2022. A public hearing
was conducted by a Deschutes County Hearings Officer on October 24, 2022. On December 19,
2022, the Hearings Officer denied the Applicant's request. Two appeals of the Hearings Officer's
decision were received. The Board conducted a hearing and voted 2-1 to approve the Applicant's
request. That final County decision was appealed to LUBA.
On January 12, 2024, the Land Use Board of Appeals (LUBA) issued their Final Opinion and Order
remanding the County's decision back to the County for further review (ref. LUBA Nos. 2023-038,
2023-039, 2023-041). The remand decisions was then appealed to the Court of Appeals. On May 1,
2024, the Oregon Court of Appeals reversed and remanded to LUBA for further review on petition
of The Confederated Tribes of the Warm Springs Reservation of Oregon. On February 25, 2025,
LUBA remanded to the County again, adding an additional remand topic for the County to address
at the local level. On April 7, 2025, the Applicant requested that the County initiate remand
proceedings.
II. REMAND
Together with the decision of the Court of Appeals, the remand from LUBA includes three issue
areas to be addressed:
1. Additional findings to explain why the submittal of the 2022 Fish and Wildlife Management
Plan (FWMP) to the Oregon Water Resources Department is sufficient to satisfy the "no net
L-11 ct-nAnrr! %Alith rornart to arni inAlAIntor cni irrac fnr fich hnhitnt mitiaatinn
2. That the FWMP was a substantial change with respect to the required economic analysis and
LUBA required further findings addressing DCC 18.113.070(C)(3) and (4) and that the County
will either need to consider those changes or explain why that consideration is not required.
3. Whether the 2022 Fish and Wildlife Management Plan violates the Treaty with the Tribes of
Middle Oregon, dated June 25, 1855.
The appellants' other assignments of error were denied.
III. APPLICANT REQUEST
The procedures related to the remand process of DCC 22.34.040 instruct that on remand, the Board
needs to review those issues that LUBA and the Court of Appeals required to be addressed and not
any settled issues. New testimony and evidence needs to be directed toward the remand issues.
Staff received a request from the applicant to reopen the record, but limit that reopening only to
the topic of the economic analysis requirement and addressing DCC 18.113.070(C)(3) and (4). The
applicant believes the other two remand topics do not require new evidence in order to be
addressed.
247-25-000229-A, Board Order 2025-014 Page 2 of 3
Limiting the record to a single issue may pose challenges to the Board and staff in terms of ensuring
that new evidence and testimony is directed towards only one of the remand issues. It may also be
a challenge to identify and separate what evidence may and may not be considered during the
review process, including during deliberations, in addition to possibly leading to record challenges.
Regarding a record being reopened, typically remand proceedings, when containing more than one
remand topic, are not limited to less than the full number of remand topics. However, this request
was respectfully submitted to the County by the applicant at the time of initiation and therefore
staff brings this request to the Board for consideration.
Two versions of the Order are attached. Staff respectfully requests that the Board select which
version of the Order to move forward with.
Attachments:
1) Board Order 2025-014 (three remand topics)
2) Board Order 2025-014 (one remand topic)
247-25-000229-A, Board Order 2025-014 Page 3 of 3
REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Allowing the Board of County
Commissioners to Consider New Evidence * ORDER NO. 2025-014
Relevant to LUBA Nos. 2023-038, -039, -041
and File No. 247-25-000229-A
WHEREAS, the Oregon Land Use Board of Appeals ("LUBA") issued a final opinion and order
in LUBA Nos. 2025-038, -039, -041 remanding the County's approval of a Thornburgh Destination
Resort modification of approval to amend the Final Master Plan (FMP) by amending the Fish and
Wildlife Management Plan (FWMP); and
WHEREAS, Central Land & Cattle Co., LLC, the applicant, initiated the LUBA remand in File
No. 247-25-000229-A; and
WHEREAS, Section 22.34.040(A) of the Deschutes County Code ("DCC") allows the Board of
County CUI1111 lissioI ICI s k LJVQI U f 1 isc etiOn LVo I expel 1 the record U In II sta ces II 1 wi lic I it deems s o
be appropriate to do so; and
WHEREAS, during previous proceedings concerning land use applications for the
Thornburgh Destination Resort it was acknowledged that a Board order is required to accept new
evidence relating to issues remanded by LUBA unless LUBA expressly allows the consideration of
new evidence on remand;
WHEREAS, the Board wishes to clarify that the parties may present new evidence regarding
the issues remanded to the County by LUBA in this matter; and
WHEREAS, the Board does not wish to reopen the record to allow parties to raise new
issues; any additional testimony and evidence submitted by the parties will need to comply with
DCC 22.34.040(C); now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board hereby reopens the record of the Thornburgh Destination Resort
modification of approval application numbered 247-22-000678-MC to consider new testimony
and evidence related to the issues remanded to the County by LUBA.
PAGE 1 OF 2 - ORDER No. 2025-014
Section 2. The County on remand shall not accept new testimony and evidence on any
other issues unless allowed by DCC 22.34.040(C).
Dated this 16 of April, 2025
ATTEST:
Recording Secretary
PAGE 2 of 2 - ORDER No. 2025-014
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PATfI ADAIR, Vice Chair
PHIL CHANG, Commissioner