HomeMy WebLinkAboutA141 Agenda_Request_Form (2)
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