HomeMy WebLinkAboutCaldera Springs Draft Bill Memo
MEMORANDUM
DATE: December 21, 2011
TO: Board of County Commissioners
FROM: Nick Lelack, Planning Director
MEETING: January 4, 2012
RE: Caldera Springs Legislative Concept
The purpose of this work session is to discuss with the Board of County Commissioners
(Board) Representative Whisnant’s draft bill/legislative concept for Caldera Springs. The
draft bill’s purpose is to allow “the owner of the Caldera Springs Destination Resort to
remove deed restrictions and bonding obligations under destination resort statutes and
rules” in exchange for providing money to Deschutes County “to address the high nitrate
level in groundwater in South Deschutes County.” The resort would still maintain an
obligation to provide overnight accommodations. County Planning and Legal staff have
discussed this proposed legislation and offer the following comments.
1. The draft language requires Deschutes County to initiate the proceedings to remove
the deed restrictions. However, the County does not have the legal authority to do
so. The deed restrictions are in the Caldera Springs Codes, Covenants and
Restrictions (CC&Rs). The landowners subject to the CC&Rs have to agree to
amend them. Since the County is not a party to the CC&Rs, it has no authority to
amend them. If the Board supports this bill, staff recommends the bill be drafted or
amended to be an automatic amendment of the land use approval that required the
deed restrictions. Then, Caldera Springs will be solely responsible for amending the
CC&Rs without County involvement.
2. Currently, destination resorts provide an annual report to Deschutes County on the
utilization of their overnight units. The Planning Division administers this annual
reporting process. If the deed restrictions are removed, would Caldera Springs
continue to participate in this annual process, an alternative process, or not at all?
3. If Caldera Springs is granted this legislative waiver from requiring overnight units to
be deed restricted, then the Board might expect all other destination resorts to
request similar legislative waivers.