Loading...
HomeMy WebLinkAboutCONDITIONS OF APPROVAL FOR CUCONDITIONS OF APPROVAL FOR CU-05-20, CONCEPTUAL MASTER PLAN FOR THORNBURGH RESORT Approval is based upon the submitted plan. Any substantial change to the approved plan will require a new application. 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 18 of the County Code, the Subdivision Ordinance (sic). Applicant shall provide a signed grant of right-of-way from the U.S. Department of Interior – Bureau of Land Management for an access easement connection to U.S. Highway 126, prior to submission of a Final Master Plan application. Subject to U.S. Department of the Interior – Bureau of Land Management (BLM) approval, any secondary emergency ingress/egress across the BLM-owned land or roadways shall be improved to a minimum width of 20 feet with an all-weather surface capable of supporting a 60,000-lb. fire vehicle. Emergency secondary resort access roads shall be improved before any Final Plat approval or issuance of a building permit, whichever comes first. The developer shall design and construct the road system in accordance with Title 17 of the Deschutes County Code (DCC). Road improvement plans shall be approved by the Road Department prior to construction. All easements of record or right-of-ways (sic) shall be shown on any final plat. All new proposed road names must be reviewed and approved by the Property Address Coordinator prior to final plat approval. Plan review and approval of water supply plans for phase 1 will be required by Oregon Department of Human Services-Drinking Water Program (DHS-DWP) prior to Final Master Plan approval. Applicant shall designate the location of all utility lines and easements that burden the property on the FMP. Applicant shall comply with all applicable requirements of state water law as administered by OWRD for obtaining a state water right permit and shall provide documentation of approval of its application for a water right permit prior to approval of the final master plan. Applicant shall provide, at the time of tentative plat/site plan review for each individual phase of the resort development, updated documentation of the state water right permit and an accounting of the full amount of mitigation, as required under the water right, for that individual phase. At the time of submission for Final Master Plan (FMP) approval, Applicant shall include a written plan for entering into cooperative agreements with owners of existing wells within a two-mile radius of Applicant’s wells. The plan shall include a description of how Applicant will provide notice to affected well owners and of the terms and conditions of an option for well owners to enter into a written agreement with Applicant under which Applicant will provide indemnification to well owners in the event of actual well interference as a result of Applicants water use. The plan shall remain in effect for a period of five years following full water development by Applicant. Specific terms and conditions of the plan shall be developed in cooperation with County staff and the Oregon Water Resources Department. Commercial, cultural, entertainment or accessory uses provided as part of the destination resort shall be contained within the 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 condition of FMP approval. Applicant shall specify all recreational facilities within the proposed resort as part of final master plan submittal. Applicant and its successors shall do the following to ensure that all open space used to assure the 50% open space requirement of Section 18.113.060(D)(1) is maintained in perpetuity: Applicant shall submit for approval, as part of the Final Master Plan, a delineation of the Open Space that is substantially similar to the area shown in the Open Space Plan submitted as Ex. 9, B-14 to the “Memorandum of Applicant, in response to public comments dated September 28, 2005, (sic) Open Space shall be used and maintained as “open space areas” as that term is used in DCC 18.113.030(E). The CC&Rs, as modified and submitted to the County on December 20, 2005, shall be further revised such that, Section 3.4 retains the first two sentences, but the balance of 3.4 is replaced with the following: At all times, the Open Space shall be used and maintained as “open space areas.” The foregoing sentence is a covenant and equitable servitude, which runs with the land in perpetuity and is for the benefit of all of the Property, each Owner, the Declarant, the Association, and the Golf Club. All of the foregoing entities shall have the right to enforce covenant and equitable servitude. This Section 3.4 may not be amended except if approved by an affirmative vote of all Owners, the Declarant, the Golf Club and the Association. All deeds conveying all or any part of the subject property shall include the following restriction: This property is part of the Thornburgh Resort and is subject to the provisions of the Final Master Plan for Thornburgh Resort and the Declaration of Covenants, Conditions and Restrictions of Thornburgh Resort. The Final Master Plan and the Declaration contain a delineation of open space areas that shall be maintained as open space areas in perpetuity. All open space areas shall be clearly delineated and labeled on the Final Plat. Any substantial change to the open space approved under this decision will require a new land use permit. Applicant shall obtain an approved Water Pollution Control Facility (WPCF) permit (as described in DCC 18.113.070(L)) prior to application for Final Master Plan. All temporary structures shall be limited to a maximum of 18 months on the resort site. All development within the proposed resort shall meet all fire protection requirements of the Redmond Fire Department. Fire protection requirements shall include all minimum emergency ingress/egress roadway improvements. No development shall be allowed on slopes of 25% or more on the site. Applicant shall implement a “Wildfire/Natural Hazard Protection Plan” for the resort, as identified in Ex. 15, B-29 of the burden of proof statement. Prior to approval of the Final Master Plan and each subdivision and site plan, Applicant shall coordinate its evacuation plans through that development phase with the Deschutes County Sheriff’s Office and the Redmond Fire Department. At the same time, Applicant shall also coordinate its plans for the movement of evacuees over major transportation routes with the Oregon State Police and the Oregon Department of Transportation. T he cumulative density of development at the end of any phase shall not exceed a maximum density of 0.72 dwelling units per acre (including residential dwelling units and excluding visitor-oriented overnight lodging). Each phase of the development shall be constructed such that the number of overnight lodging units meets the 150 overnight lodging unit and 2:1 ratio of individually owned units to overnight lodging units standard set out in DCC 18.113.060(A)(1) and 18.113.060(D)(2). (Note: DCC 18.113.060(D)(2) subsequently amended to require 2.5:1 ratio) Individually owned units shall be considered visitor oriented lodging if they are available for overnight rental use by the general public for at least 45 weeks per calendar year through one or more central reservation and check-in services. As required by ORS 197.445(4)(b)(B), at least 50 units of overnight lodging must be constructed in the first phase of development, prior to closure of sale of individual lots or units (Source: Board Decision on Remand; Document No. 2008-151). In addition to complying with the specific requirements of DCC 18.113.050(U) (sic), 1-5, Applicant, its successors and assigns, shall at all times maintain (1) a registry of the individually owned units subject to deed restrictions under DCC 18.113.070(U)(2) (sic), requiring they are available for overnight lodging purposes: (2) an office in a location reasonably convenient to resort visitors as a reservation and check-in facility at the resort; and (3) a separate telephone reservation line and a website in the name of “Thornburgh Resort”, to be used by members of the public to make reservations. As an alternative to or in addition to (3), Applicant may enter into an agreement with a firm (booking agent) that specializes in the rental or time-sharing of resort property, providing that Applicant will share the information in the registry required by (1) and cooperate with the booking agent to solicit reservations for available overnight lodging at the resort. If Applicant contracts with a booking agent, Applicant and the booking agent shall cooperate to ensure compliance with the requirements of DCC 18.113.070(U)(5), (sic) by filing a report on January 1 of each year with the Deschutes County Planning Division. (Staff note: All references should be to DCC 18.113.070(L), not .050 or (U)) Applicant shall submit final covenants, conditions and restrictions to the county prior to Final Master Plan approval. The final covenants, conditions and restrictions adopted by the developer and amendments thereto shall conform in all material respects to this decision and the requirements of the DCC. No permission to use or improve Barr Road as access to the Resort is given or implied by this decision. Applicant shall complete annexation of the property in any area of development into Deschutes County Rural Fire Protection District No. 1 before commencing combustible construction in the area. Applicant shall submit a detailed erosion control plan with the first Tentative Plat or Site Plan, whichever comes first. Lot size, width (frontage), coverage, off-street parking and setbacks, including solar setbacks, are permitted as described in Applicant’s Exhibit 8, B-24a in the Burden of Proof document, subject to review during the subdivision review process to confirm that there will be safe vehicle access to each lot. Compliance with the dimensional standards shall be confirmed during subdivision approval for each development phase. All multi-family units, commercial structures, and other resort facilities are exempted from meeting the solar setback standards. Road width shall be consistent with the requirements set forth in the County’s subdivision ordinance. DCC Chapter 17.36. Applicant shall abide at all times with the MOU with BLM, dated September 28, 2005, regarding mitigation of impacts on surrounding federal lands, to include wildlife mitigation and long-range trail planning and construction of a public trail system. The mitigation plan adopted by Applicant in consultation with Tetra Tech, ODFW and the BLM shall be adopted and implemented throughout the life of the resort. Applicant shall abide at all times with the MOU with ODOT, regarding required improvements and contributions to improvements on ODOT administered roadways (Agreement Number 22759, dated 10/10/05). Applicant shall submit a detailed traffic circulation plan, delineating resort access roads, resort internal circulation roads and resort secondary emergency ingress/egress roads, prior to Final Master Plan approval. All exterior lighting must comply with the Deschutes County Covered Outdoor Lighting Ordinance per Section 15.10 of Title 15 of the DCC. No permission to install a helicopter landing zone (helipad) at the Resort is given or implied by this decision. The Resort shall, in the first phase, provide for the following: At least 150 separate rentable units for visitor-oriented lodging. Visitor-oriented eating establishments for at least 100 persons and meeting rooms which provide eating (sic) for at least 100 persons. The aggregate cost of developing the overnight lodging facilities and the eating establishments and meeting rooms required in DCC 18.113.060(A)(1) and (2) shall be at least $2,000,000 (in 1984 dollars). At least $2,000,000 (in 1984 dollars) shall be spent on developed recreational facilities. The facilities and accommodations required by DCC 18.113.060 must be physically provided or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or lease of any residential dwellings or lots. Where construction disturbs native vegetation in open space areas that are to be retained in a substantially natural condition, Applicant shall restore the native vegetation. This requirement shall not apply to land that is improved for recreational uses, such as golf courses, hiking or nature trails or equestrian or bicycle paths. The contract with the owners of units that will be used for overnight lodging by the general public shall contain language to the following effect: “[Unit Owner] shall make the unit available to [Thornburgh Resort/booking agent] for overnight rental use by the general public at least 45 weeks per calendar year through a central reservation and check-in service.” Applicant shall coordinate with the Sheriff’s Office and its designated representative to address all public safety needs associated with the resort and the development process. Applicant shall modify the Overnight and Density Calculations chart presented to the Board at the appeal hearing on December 20, 2005 by replacing it with the Overnight and Density Calculations chart included on page 25 in Applicant’s final legal argument, dated January 3, 2006, as shown below. The 75 units of overnight lodging shown in the December 20, 2005 Overnight and Density Calculations table to be developed in Phase C will actually be developed in Phase B, for a total of 150 units in Phase B. The Overnight and Density Calculations table will be corrected to show the 50 hotel units will be developed in Phase D, where the Phasing Plan, attached to the Memorandum of Applicant in Response to Public Comments, Ex. 13, Revised B-1.8, already shows the hotel will be developed. Additionally, the legend in the Phasing Plan will be corrected to show hotel and residential overnight lodging uses in Phase D. Applicant shall present the corrected Phasing Plan and Overnight and Density Calculations chart, consistent with this condition, during the Final Master Plan approval process. (Note: Referenced table omitted. This condition inadvertently numbered 36 in Board Decision on Remand, Document No. 2008-151) Applicant shall demonstrate compliance with DCC 18.113.070(D) by submitting a wildlife mitigation plan to the County as part of its application for Final master plan approval. The County shall consider the wildlife mitigation plan at a public hearing with the same participatory rights as those allowed in the CMP approval hearing. (Note; This condition was numbered 37 in Board Decision on Remand, Document No. 2008-151) Conditions in green are those found to be fully complied with in DR-11-8 and not challenged at LUBA. These conditions are no longer subject to review. Conditions in blue are those found to be either fully complied with or substantially exercised in A-13-8. These conditions are subject to review under A-14-1.