HomeMy WebLinkAboutA141 Agenda_Request_Form
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For
Board Business Meeting of June 4, 2014
_____________________________
DATE: May 20, 2014
FROM: Kevin Harrison, Principal Planner CDD 385-1401
TITLE OF AGENDA ITEM:
Public hearing
on the appeal of the Hearings Officer’s decision on application A-13-8 on the question of whether the Conceptual Master Plan (“CMP”) approval for Thornburgh Destination Resort has been
initiated.
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
On April 12, 2012, the Hearings Officer issued a declaratory ruling that the CMP approval for the
Thornburgh Destination Resort had not expired because it had been initiated. Opponents appealed that decision to the Land Use Board of Appeals (“LUBA”) and, on January 8, 2013, LUBA
remanded the decision for further proceedings (LUBA No. 2012-042).
On December 23, 2013, the applicant (Loyal Land, LLC) submitted an application to initiate the remand proceedings
(A-13-8). The Hearings Officer issued her decision on March 18, 2014, finding that the CMP had not been initiated. The applicant filed an appeal (A-14-1) to the Board of County Commissioners
(“Board”) on March 31, 2014, within the 12-day appeal period.
At their Business Meeting of April 9, 2014, the Board agreed to hear the appeal and adopted Order No. 2014-010, deciding
to the hear the appeal de novo on the issue of compliance with DCC 22.36.020(A)(3) only. A hearing date of June 4, 2014 was selected; all parties to the proceedings have been notified
of the hearing pursuant to law.
By letters dated March 21, 2014, and May 5, 2014, the applicant has agreed to extend the time period for completing the remand proceedings to approximately
August 3, 2014, pursuant to ORS 215.435(2)(b).
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Open and conduct public hearing on appeal.
ATTENDANCE: Kevin Harrison,
CDD
DISTRIBUTION OF DOCUMENTS:
CDD; Legal Counsel
INSTRUCTIONS FOR COMPLETING
THE AGENDA REQUEST FORM
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Director. This could cause your agenda item to miss the deadline for submission.
The Board conducts business meetings on Mondays and Wednesdays beginning at 10 a.m. Please note, if
there are not enough agenda items to justify holding two meetings in one week, items may be combined and addressed at either the Monday or Wednesday meeting. There are weeks that the
Board does not meet at all; much depends on the Commissioners’ schedules and availability. If your item is time-sensitive or you need to notice a specific date for a hearing or decision,
please contact the Board’s Secretary.
The agenda request and backup documents should be submitted to the Board’s secretary no later than Wednesday afternoon prior to the following week’s
meetings. It can be submitted as far in advance as you want.
If you are submitting a contract or other document where more than one original is needed (for instance, one original for
the County and one for the contractor), please submit the correct number of original documents.
Unless your agenda item is an Order, Ordinance, Resolution or letter, a document summary
form is required as well.
Please also e-mail the agenda request form and the document summary form to the Board Secretary so that minor changes can be made if needed.