HomeMy WebLinkAboutDoc 118 - Tetherow AgrmtDeschutes 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 March 4, 2015
DATE: 2/25/2105
FROM: Will Groves CDD Phone 541-388-6518
TITLE OF AGENDA ITEM:
Consideration and Signature of Document No. 2015-118, an Improvement Agreement bewteen
Deschutes County and Tetherow Rim LLC for the roads and utilities in the the 29-10t single family
subdivision granted approval under TP-14-1023.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Tetherow Rim LLC is the owner of the 29-lot single family subdivision granted approval under TP-14
1023. The roads and utilities required under the approval have not been completed. Deschutes County
Code (DCC) Section 17.24.120 provides that owner may, in lieu of completing roads and utilities, enter
into an agreement with the County for the completion of the roads and utilities and provide a good and
sufficient form of security, to provide for the completion of the roads and utilities required
improvements. This Improvement Agreement will allow the owner to plat the lots, as proposed under
Final Plat application No. 247-15-000060-FPA.
Tetherow Rim LLC has proposed to provide a bond in the amount of $966,434 (Nine Hundred Sixty
Six Thousand, Four Hundred Thirty-Four Dollars) as the "Security" to provide for the completion of
the roads and utilities required improvements. The amount of the Security represents one hundred and
twenty percent (120%) of the estimated costs, as required under DCC 17.24.120. The estimated cost of
construction has been reviewed by the County Road Department. Under this agreement, the required
improvements must be completed not later than one (I) year from the recording of the subdivision final
plat 247-15-000060-FPA.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Motion: Approve signature of Document 2015-118.
ATTENDANCE: Will Groves, Legal
DISTRIBUTION OF DOCUMENTS:
CDD Staff.
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: February 25, 2015
TO: Board of County Commissioners
FROM: Will Groves, Senior Planner
RE: Doc No. 2015-118 -Tetherow Rim Subdivsion, Improvement Agreement
Background
Tetherow Rim LLC is the owner of the 29-lot single family subdivision granted approval under
TP-14-1023. The roads and utilities required under the approval have not been completed.
Deschutes County Code (DCC) Section 17.24.120 provides that owner may, in lieu of
completing roads and utilities, enter into an agreement with the County for the completion of the
roads and utilities and provide a good and sufficient form of security, to provide for the
completion of the roads and utilities required improvements. This Improvement Agreement will
allow the owner to plat the lots, as proposed under Final Plat application No. 247-15-000060
FPA.
Tetherow Rim LLC has proposed to provide a bond in the amount of $966,434 (Nine Hundred
Sixty-Six Thousand, Four Hundred Thirty-Four Dollars) as the "Security" to provide for the
completion of the roads and utilities required improvements. The amount of the Security
represents one hundred and twenty percent (120%) of the estimated costs, as required under
DCC 17.24.120. The estimated cost of construction has been reviewed by the County Road
Department. Under this agreement, the required improvements must be completed not later
than one (1) year from the recording of the subdivision final plat 247-15-000060-FPA.
Schedule
This item is scheduled for the Board's regular meeting on March 4, 2015. Please feel free to
contact me with any questions or concerns.
Attachments
1. Improvement Agreement, Document No. 2015-118
2. Road Department Memo
3. Estimated Cost of Construction
4. Exhibit A -Property Legal Description
5. Draft Bond
Quality Services Performed with Pride
Road Department
61150 SE 27th St.• Bend, Oregon 97702 =============
(541) 388-6581' FAX (541) 388-2719
MEMORANDUM
Date: February 6, 2015
To: Will Groves, Senior Planner
From: George Kolb, County Engineer
RE: Cost Estimate for Bonding of File # TP-14-1023; Tetherow Rim Subdivision
cc: Keith Dagostino, D'Agostino Parker, LLC
Laurie Craghead, Deschutes County Legal Counsel
The Road Department has reviewed and approved the cost estimate supplied by D' Agostino Parker, LLC
for bonding of the road improvements for the Tetherow Rim Subdivision (File #TP-14-1023). The
required bond for the project will be $966A34.40 ($805,362.00 x 1.20%)
Attached is the cost estimate from the Engineer.
Let me know if you need more information.
George Kolb, PE
County Engineer
Deschutes County Road Department
georgek@co.deschutes.or.us
(541) 322-7113
REVIEWED
LEGAL COUNSEL
After Recording Return to:
Deschutes County
Community Development Department
147 NW Lafayette Street
Bend, OR 97701
IMPROVEMENT AGREEMENT
(Roads and Utilities)
This Improvement Agreement ("Agreement"), relating to the construction and installation of
certain required improvements (the "Roads and Utilities Required Improvements," as defined
below in Section 4) for the Tetherow Rim subdivision, ("Subdivision"), as required in the
Subdivision approval in File # TP-14-1023 ("Tentative Plat"), by and between DESCHUTES
COUNTY, OREGON, a political subdivision of the State of Oregon, ("County"), and Tetherow
Rim LLC ("Owner").
RECITALS:
WHEREAS, Owner is the owner of the Subdivision in the approval granted under TP-14
1023; and
WHEREAS, the Roads and Utilities Required Improvements required under the approval
have not been completed; and
WHEREAS, Owner has filed an application for a final subdivision plat for the
Subdivision, File No. TP-14-1023, prior to the completion of the Roads and Utilities Required
Improvements; and
WHEREAS, Deschutes County Code (DCC) Section 17.24.120 provides that Owner
may, in lieu of completing Roads and Utilities Required Improvements, enter into an agreement
with the County for the completion of the Roads and Utilities Required Improvements and
provide a good and sufficient form of security, .to provide for the completion of the Roads and
Utilities Required Improvements; and
WHEREAS, this Agreement is contingent upon the recording of the Subdivision Final
Plat approved in File No. 247-15-000060-FPA and that plat stating that it is subject to this
Agreement; and
WHEREAS, Roads and Utilities Required Improvements under this Agreement do not
constitute a Public Improvement as the term is defined in ORS 279A.010(1)(cc); and
WHEREAS, the Subdivision approval in File #TP-14-1023 subject to this Agreement is
exempt from ORS 92.305 to 92.945 for the reason that the County's Comprehensive Land Use
Plan and implementing ordinances are acknowledged underORS 197.251; now, therefore,
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Deschutes County Document No. 2015-118
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above mentioned, for and
in consideration of the mutual promise hereinafter stated, as follows:
1. Recitals. The Recitals to this Agreement set forth above are hereby incorporated herein
as if fully set out, shall constitute contractual provisions and are not mere recitals.
2. Real Property Description. The real property subject to this Agreement, hereinafter the
"Real Property" is described on the attached Exhibit "A".
3. Exhibits. The exhibits listed below and attached to the Agreement are hereby
incorporated herein by reference:
3.1. Exhibit A -Legal description of Real Property.
3.2. Exhibit B --List of Roads and Utilities Required Improvements and cost
estimates -submitted by the Owner.
3.3. Exhibit C -Deschutes County Tentative Plat approval, File No. TP-14-1023. The
real property subject to this Agreement. hereinafter the "Real Property" is
described on the attached Exhibit "An.
3.4. Exhibit D -Security.
4. Identification of Roads and Utilities Required Improvements.
4.1. Owner shall install and complete. or cause to be installed and completed, the
improvements listed in Exhibit B required by the land use approval as set forth in
Exhibit C to the extent that same remain to be completed ("Roads and Utilities
Required Improvements").
4.2. These improvements consist of roads, utilities and other necessary facilities
referred to in this Agreement as "Roads and Utilities Required Improvements."
4.3. The final plat shall note and be subject to this Agreement.
5. Construction of Roads and Utilities Required Improvements.
5.1. Owner shall install and complete the Roads and Utilities Required Improvements
in accordance with the plans and construction specifications related thereto and
to any additional County and/or State of Oregon specifications.
5.2. Owner shall promptly repair any damage to existing and new facilities, within and
without the Real Property, which occurs during installation of the Roads and
Utilities Required Improvements.
5.3. Owner shall cause the Roads and Utilities Required Improvements to be
inspected by and receive final written construction approval from Countynot later
than one (1) year from the recording of the Subdivision Final Plat in File No. TP
14-1023 ("Completion Date");
6. Warranty of Improvements.
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6.1. Owner hereby warrants that the Roads and Utilities Required Improvements shall
remain free from defects in materials or workmanship and that the Roads and
Utilities Required Improvements continue to meet County and/or State of Oregon
standards for twelve (12) months following the Completion Date, as outlined in
5.3 above, and any corrections (,Warranty Period").
6.2. Upon completion and approval of any portion of the Roads and Utilities Required
Improvements, Owner shall obtain a bond or other security in favor of. and
reasonably acceptable to, the County in the amount of ten-percent (10%) of the
construction costs of such improvements to secure the warranty obligations
under this Section.
7. License to Enter and Remain on Property.
7.1. Owner hereby grants County and County's employees. engineers, consultants,
agents, contractors, subcontractors and suppliers license to come onto and
remain on the Real Property as necessary to make inspections of the Roads and
Utilities Required Improvements.
7.2. To the extent permitted by Article XI, Section 10, of the Oregon Constitution and
the Oregon Tort Claims Act, ORS 30.260 through 30.300. County shall defend,
save, hold harmless and indemnify the Owner and its officers, employees and
agents from and against all claims. suits, actions. losses, damages, liabilities
costs and expenses of any nature resulting from or arising out of, or relating to
the activities of County or its officers, employees. contractors. or agents under
this Agreement for the inspections of the Roads and Utilities Required
Improvements pursuant to Section 7.1.
7.2. If County determines that any portion of the Roads and Utilities Required
Improvements have not been completed to County's satisfaction by the
applicable Completion Date, County or its employees, engineers, consultants,
agents, contractors, subcontractors and suppliers may enter onto and remain on
the Real Property and may cause the applicable portion of the Roads and
Utilities Required Improvements to be installed and completed.
8. Right to Draw on Security.
8.1. Upon failure of the Owner to complete the Roads and Utilities Required
Improvements to County's satisfaction by the applicable Completion Date,
County shall notify Owner in writing of such failure.
8.1.1. Owner shall have thirty (30) days from County's notification to complete
the Roads and Utilities Required Improvements or that portion which is
incomplete or unsatisfactory.
8.1.1.1. In the event the parties agree in writing that the completion
cannot reasonably be accomplished in thirty (30) days,
then the parties shall agree in writing to extend such time
by a period of time as is reasonably necessary to allow
completion so long as Owner promptly commences and
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I
thereafter diligently pursues completion of the Roads and
Utilities Required Improvements.
8.1.1.2. In no event shall the period for completion be extended
beyond 180 days from the date of County's notification of
failure to complete per Section 8.1.
8.1.2. Should Owner fail to complete the Roads and Utilities Required
Improvements within the time period referred to in Section 8.1.1., then
County may cause incomplete or unsatisfactory Roads and Utilities
Required Improvements to be completed.
8.1.3. If County completes the Roads and Utilities Required Improvements,
County may draw upon the Security, as defined below, for any and all
costs and expenses anticipated or incurred by County, as determined by
County in the completion of the Roads and Utilities Required
Improvements.
8.2. For the purposes of this Agreement and access to any security offered and
accepted to secure Owner's performance, Owner's failure to complete the Roads
and Utilities Required Improvements shall include failure to install or have
installed any portion of the Roads and Utilities Required Improvements to County
specifications, approved plans or applicable building specialty codes and failure
to complete any required inspections by the applicable Completion Date.
9. No County Guarantee. County does not guarantee that any of the Roads and Utilities
Required Improvements referred to in this Agreement will be constructed, maintained or
operated.
10. License to Use Permits, Specifications and Plans.
10.1. If County determines that any portion of the Roads and Utilities Required
Improvements have not been satisfactorily completed as specified by the
applicable Completion Date, subject to Owner's notice and cure rights pursuant
to Section 8.1.1, Owner shall, upon request of the County, license and assign to
County all of Owner's, applicable permits, plans, speCifications, shop drawings,
instruments, permits and approvals, and other documents necessary or useful in
the completion of or related in any manner to the Roads and Utilities Required
Improvements that in County's sole discretion have not been completed as
specified.
10.2. Owner shall be responsible for providing within any contracts for supply of labor
and materials used in connection with constructing Roads and Utilities Required
Improvements, that such contract rights are assignable by Owner.
10.3. Upon such request, Owner shall transfer ownership and deliver physical
possession of such Permits, plans, specifications, shop drawings, instruments,
permits, approvals, and other documents to the County.
10.4. County may sub-aSSign or license the rights referred to in this Section 10 for any
purpose without further approval from Owner.
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11. No Third Party Beneficiaries.
11.1. County and Owner are the only parties to this Agreement and are the only parties
entitled to enforce its terms.
11.2. Nothing in this Agreement gives or provides any benefit or right, whether directly,
indirectly, or otherwise, to third persons unless such third persons are individually
identified by name in this Agreement and expressly described as intended
beneficiaries of this Agreement.
12. Restoration of Monuments. Owner shall restore any monument erected or used for
the purpose of designating a survey marker or boundary of any town, tract, plat or parcel
of land which monument is broken, damaged, removed or destroyed, during the course
of work provided for or anticipated by this Agreement, whether intentional or otherwise,
by the Owner or Owner's agents, employees or independent contractors.
13. Costs of Inspection. Owner shall pay to County the actual costs incurred by County in
the inspection of the completed Roads and Utilities Required Improvements plus any
fees, including without limitation plan check fees and structural, electrical, plumbing and
other specialty codes inspection fees customarily associated with the review and
inspection of any improvements on the Real Property.
14. Security for Roads and Utilities Required Improvements.
14.1. Owner's Security shall consist of Performance Bond issued in favor of the County
by Servco Insurance Services in the amount of $966,434.00 (Nine Hundred
Sixty-Six Thousand, Four Hundred Thirty-Four Dollars) with a date of expiration
of no less than six (6) months past the Completion Date as established by
Section 5 herein (the "Security").
14.2. The amount of the Security, attached hereto as Exhibit D, represents one
hundred and twenty percent (120%) of the estimated costs, as set forth in Exhibit
B, of completing the Roads and Utilities Required Improvements to County
standards, as applicable.
15. Owner's Obligation For Costs.
15.1. Owner expressly acknowledges, understands, and agrees that this Agreement
shall not relieve Owner from the obligation to complete and fully pay for the
Roads and Utilities Required Improvements and other costs and fees set forth in
this Agreement.
15.2. Should Owner fail to perform its responsibilities under this Agreement in any
manner, Owner agrees to compensate County for all costs to complete and
warrant the Roads and Utilities Required Improvements and pay costs and fees.
16. Release of Security or Obligation.
16.1. After the Roads and Utilities Required Improvements have been inspected and
approved by the County, County shall release the Security within fifteen (15)
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calendar days provided Owner has procured the warranty security required
pursuant to Section 6 of this Agreement.
16.2. Upon written request of Owner, County may release any of Owner's obligations
under the terms and conditions of this Agreement in writing upon Owner's
completion and County inspection and approval of any portion of the Roads and
Utilities Required Improvements, provided County, in its sole discretion,
determines that adequate security remains in place for Owner completion of
Roads and Utilities Required Improvements in accordance with this Agreement.
16.3. County's partial release of any portion of the Security shall not be construed as a
waiver of County's right to require full compliance with this Agreement and
Owner's obligation to satisfy any costs and expenses incurred in completion of
the Roads and Utilities Required Improvements and the required warranties
associated with such improvements.
16.4. If Owner has not yet obtained a bond or other security to guaranty its warranty
obligations pursuant to Section 6, then County Treasurer shall withhold from any
funds released under Sections 16.2, 16.3 and 16.4 herein an amount equal to ten
percent (10%) of the construction costs of completing the Roads and Utilities
Required Improvements.
17. Shortfall in Security.
17.1. If the amount available to be drawn from the Security is less than the costs and
expenses anticipated to be incurred, or actually incurred, by County, County may
apply the proceeds of the Security to the antiCipated or actual costs and
expenses of completion of the Roads and Utilities Required Improvements.
17.2. Owner shall be responsible and liable for the difference between the anticipated
or actual costs and expenses incurred by County and the amount of the
remaining Security.
18. Incidental Costs. Without limiting the generality of the foregoing, if upon County's written
notice to financial institution issuing the Security per Section 3.4 ("Surety") of Owner's
failure to complete Roads and Utilities Required Improvements, subject to Owner's notice
and cure rights pursuant to Section 8.1.1, the proceeds of the Security are not remitted to
County within ten (10) days of demand for funds by the County, or the Roads and Utilities
Required Improvements is not installed within a reasonable time period determined by
County after notice to the Surety, then County's costs of obtaining the proceeds of the
Security and/or completing the Roads and Utilities Required Improvements and all
incidental costs to the extent not covered by the Security, shall be added to the amount
due County from the Owner, and shall be paid to County by Owner, in addition to and with
all other amounts due hereunder.
19. Substandard Improvements.
19.1. If the Roads and Utilities Required Improvements constructed by Owner fail or
are determined by County to be defective within the applicable twelve (12) month
warranty period in Section 6 of this Agreement, County shall notify Owner and/or
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the Surety of the warranty obligation in writing of such failure or defective Roads
and Utilities Required Improvements.
19.2. Owner and/or the Surety shall then have sixty (60) days to complete repair or
replacement of the defective Roads and Utilities Required Improvements.
19.3. In the event that the repair or replacement per Section 19.1. and 19.2 cannot
reasonably be completed within sixty (60) days. then the same shall be extended
by such period of time as is reasonably necessary. provided Owner and/or the
Surety promptly commences and thereafter diligently prosecutes such repair or
replacement.
19.4. Should Owner fail to complete repair or replacement of the Roads and Utilities
Required Improvements within the required time period, County may remedy the
defects and demand payment for such from Owner and/or the Surety.
20. Successors in Interest.
20.1. The original of this Agreement shall be recorded with the Deschutes County
Clerk and shall be a condition and covenant that shall run with the Real Property.
20.2. It is the intent of the parties that the provisions of this Agreement shall be binding
upon the parties to this Agreement. and subject to the terms contained in Section
21, their respective successors. heirs, executors. administrators, and assigns,
and any other party deriving any right, title or interest in or to the Real Property,
including any person who holds such interest as security for the payment of any
obligation, including a mortgagee or other secured party in actual possession of
said Real Property by foreclosure or otherwise or any person taking title from
such security holder.
20.3. Upon completion of the Roads and Utilities Required Improvements. and the
expiration of the applicable Warranty Period, County, upon request by Owner or
any person or persons owning a lot in the Subdivision, shall release a lot from the
condition and covenant subsisting under this Agreement.
21. Residential Lot Purchasers. Notwithstanding the terms of Section 20. the terms of this
Section shall apply to each residential lot ("Residential Lot") created from the Real
Property or platted in the Subdivision and sold or transferred to a third party for the
principal purpose of constructing and residing therein by such third party (each such
buyer or transferee and his or her successors and assigns is a "Residential Buyer") and:
21.1. Each such Residential Lot is conveyed free of any obligation to pay money or
complete the Roads and Utilities Required Improvements that may arise out of
this Agreement;
21.2. Each Residential Buyer or Transferee is under no obligation or burden to
complete the terms and conditions of this Agreement;
21.3. The recordation of this Agreement is for the purpose of putting Residential Buyer
or Transferee on notice of the Agreement's terms and that the County has no
obligation to construct the Roads and Utilities Required Improvements or any
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portion of the Roads and Utilities Required Improvements nor does the
Agreement in anyway guarantee that any of the Roads and Utilities Required
Improvements will be constructed; and
21.4. The Agreement conveys no right or right of action by any Residential Buyer or
Transferee against the County for any act or omission of the County, including
but not limited to, the County decisions or acts which result in the Roads and
Utilities Required Improvements, or any part of the Roads and Utilities Required
Improvements, not being constructed.
21.5 This Section 21 shall not apply to assignments or transfers of all or any
residential lots to a lender, financing entity or third party not intended as the
ultimate use of the residential lot or lots.
22. Binding Authorization. By signature on this Agreement, each signatory, signing in a
representative capacity, certifies that the signer is authorized to sign the Agreement on
behalf of and bind the sjgner's principal.
23. Expiration.
23.1. Unless otherwise extended, this Agreement shall expire at the conclusion of the
applicable Warranty Period or by the express written release of Owner by County
from this Agreement granted as part of an approval for a change of use of the
Real Property.
23.2. Upon expiration, County shall provide Owner with a document in recordable
form, formally evidencing such expiration and the parties agree to execute such
document with fourteen (14) days of receipt of such document by the other party.
24. Survival. Notwithstanding the provisions of Section 23 of this Agreement, County's
rights under this Agreement, including County's right to draw upon Owner's Security in
whole or in part to pay the full costs and expenses of completing the Roads and Utilities
Required Improvements and repairs or replacements required herein along with any
licenses granted in this Agreement and any costs of enforcement of this Agreement,
shall survive the expiration of this Agreement.
25. No Agency.
25.1. It is agreed by and between the parties that Owner is not carrying out a function
on behalf of County. and County does not have the right of direction or control of
the manner in which Owner completes performance under this Agreement nor
does County have a right to exercise any control over the activities of the Owner.
25.2. Owner is not an officer, employee or agent of County as those terms are used in
ORS 30.265.
26. No Joint Venture or Partnership. County is not, by virtue of this Agreement, a partner
or, joint venturer with Owner in connection with the Site plan or the Real Property, and
shall have no obligation with respect to Owner's debts or other liabilities of each and
every nature.
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27. Liens.
27.1. Owner shall pay as due all claims for work done on and for services rendered or
material furnished to the Real Property and shall keep the Real Property free
from liens.
27.2. If Owner fails to pay any such claims or to discharge any lien, County may do so
and collect the cost from the Owner or Surety.
27.3. County's payment and satisfaction of any lien pursuant to subsection 27.2 shall
not constitute a waiver of any right or remedy that County may have on account
of Owner's failure to complete the Roads and Utilities Required Improvements or
to recover such expenditures from Owner or pursuant to the Security.
28. Indemnification. Owner shall be responsible for any and all injury to any and all persons
or property caused directly or indirectly by reason of any and all activities of Owner under
this Agreement and on the Real Property; and further agrees to defend, indemnify and
save harmless County, its officers, agents and employees from and against all claims,
suits, actions, damages, costs, losses and expenses in any manner resulting from, arising
out of, or connected with any such injury.
29. Limitation of Liability. This Agreement is subject to the Oregon Tort Claims Act. ORS
30.260 to 30.300.
30. Attorney Fees and Costs. In the event an action or suit or proceeding. including appeal
therefrom, is brought by any party arising directly and/or indirectly out of the provisions of
this Agreement or the interpretation thereof, for Owner's failure to complete the Roads
and Utilities Required Improvements or to observe any of the terms of this Agreement or
the interpretation thereof, County shall be entitled to recover. in addition to other sums or
performances due under this Agreement, reasonable attorney's fees and costs as the
court may adjudge in said action, suit, proceeding or appeal.
31. Waiver.
31.1. Waiver of the strict performance of any provision of this Agreement shall not
constitute the waiver of any other provision or of the Agreement.
31.2. No waiver may be enforced against the County unless such waiver is in writing
and Signed by the County.
32. Compliance with provisions, requirements of Federal and State laws, statutes,
rules, regulations, executive orders and policies. Debt Limitation.
32.1. This Agreement is expressly subject to the debt limitation of Oregon counties set
forth in Article XI, Section 10, of the Oregon Constitution.
32.2. Any provisions herein, which would conflict with the law, are deemed inoperative
to that extent.
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32.3. Additionally, Owner shall comply with any requirements, conditions or limitations
arising under the any Federal or State law, statute, rule. regulation, executive
order and policy applicable to the Roads and Utilities Required Improvements.
32.4. If this Agreement is in any manner construed to constitute the lending of the
County's credit or constitute a debt of County in violation of Article XI, Section 10,
of the Oregon Constitution, this Agreement shall be void.
33. No Inducement. No representations, statements, warranties have induced the making
and execution of this Agreement, or Agreements other than those herein expressed.
34. Governing Law.
34.1. This Agreement shall be governed by and construed in accordance with the laws
of the State of Oregon without regard to principles of conflicts of law.
34.2. Any claim, action, suit or proceeding (collectively, "Claim") between County and
Owner that arises from or relates to this Agreement shall be brought and
conducted solely and exclusively within the Circuit Court of Deschutes County for
the State of Oregon; provided, however, if a Claim shall be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the
United States District Court for the District of Oregon in Eugene, Oregon.
34.3. Owner, by signing below, hereby consents to the in personam jurisdiction of said
courts. The parties agree that the UN Convention on International Sales of
Goods shall not apply.
35. Severability. If any term or provision of this Agreement is declared by a court of
competent jurisdiction to be void, invalid or unenforceable, the validity of the remaining
terms and provisions shall not be affected, and the rights and obligations of the parties
shall be construed and enforced as if this Agreement did not contain the particular term or
provision held void, invalid unenforceable.
36. Counterparts.
36.1. This Agreement may be executed in several counterparts, all of which when
taken together shall constitute one Agreement binding on all parties,
notwithstanding that all parties are not signatories to the same counterpart.
36.2. Each copy of this Agreement so executed shall constitute on original.
36.3. If this Agreement is signed in counterpart, each counterpart shall be recorded as
provided herein for the recording of this Agreement and each counterpart shall
be noted on the recorded plat map.
37. Notice.
37.1. Except as otherwise expressly provided in this Agreement, any communications
between the parties hereto or notices to be given hereunder shall be given in
writing to Owner or County at the address or number set forth below or to such
other addresses or numbers as either party may hereafter indicate in writing.
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37.2. Delivery may be by personal delivery, facsimile, or mailing the same, postage
prepaid.
37.3. Communication or notice by personal delivery shall be deemed delivered when
actually given to the deSignated person or representative.
37.4. Any communication or notice sent by facsimile shall be deemed delivered when
the transmitting machine generates receipt of the transmission. To be effective
between the parties, such facsimile transmission shall be confirmed by telephone
notice to County's Director of Administrative Services or Weston Investments.
37.5. Any notice under this Agreement shall be mailed by first class postage or
delivered as follows:
To Owner: To County:
Tetherow Rim LLC County Administrator
clo Jack Willing Deschutes County Administration
2440 W. Commodore Way #200 1300 NW Wall Street, Ste 200
Seattle WA 98199 Bend, Oregon 97701
Phone: 425-576-2088 Fax: 541-388-4752
Email: jack@lylehomes.com
37.6. Notices shall be deemed delivered upon the earlier of actual delivery or refusal of
a party to accept delivery thereof, which refusal shall include a party ignoring
attempted delivery; provided, however, that notices sent by facsimile or email
shall be deemed given on the date delivered if delivered before 5:00 pm Pacific
Time as shown on a facsimile transmittal sheet or an e-mail record and if
simultaneously transmitted by another means allowed by this Section 37.
37.7. Either party may change its address for notices by giving written notice to the
other given in accordance with this Section 37.
37.8. Counsel for a party may give notices on behalf of such party.
38. Time is of the Essence. Time is of the essence of each and every provision of this
Agreement.
39. Captions.
39.1. The captions contained in this Agreement were inserted for the convenience of
reference only.
39.2. Captions do not. in any manner, define, limit, or describe the provisions of this
Agreement or the intentions of the parties.
40. Merger Clause.
40.1. This Agreement and the attached exhibits constitute the entire agreement
between the parties and supersede any and all prior or contemporaneous
Page 11 of 13 -IMPROVEMENT AGREEMENT (Roads and Utilities) -
Deschutes County Document No. 2015-118
negotiations and/or agreements among the parties, whether written or oral,
concerning the subject matters of this Agreement which are not fully expressed
herein.
40.2. All understandings and agreements between the parties and representations by
either party concerning this Agreement are contained in this Agreement.
40.3. This Agreement shall bind all parties and its terms may not be waived, altered,
modified, supplemented, or amended in any manner except by written instrument
signed by all parties.
40.4. Except as otherwise expressly provided herein, any written waiver, consent,
modification or change shall be effective only when in writing and signed by the
parties in the speCific instance and for the specific purpose given.
[SIGNATURES CONTINUED ON NEXT PAGE]
Page 12 of 13 -IMPROVEMENT AGREEMENT (Roads and Utilities)
Deschutes County Document No. 2015-118
DATED this day of ____, 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
ATTEST: ALAN UNGER, Vice-Chair
Recording Secretary TAMMY BANEY, Commissioner
STATE OF OREGON
County of Deschutes
)
) ss.
)
Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and
ALAN UNGER the above-named Board of County Commissioners of Deschutes County,
Oregon and acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this_ day of ____, 2015
Notary Public, State of Oregon
My Commission Expires: ____
OWNER: Tetherow Rim LLC
Dated this ___of _______, 2015
Jack Willing, Member
STATE OF OREGON )
) ss.
County of Deschutes )
Before me, a Notary Public, personally appeared Jack Willing and acknowledged the foregoing
instrument as member of Tetherow Rim LLC.
DATED this_ day of ____" 2015
Notary Public, State of Oregon
My Commission Expires: ____
Page 13 of 13 -IMPROVEMENT AGREEMENT (Roads and Utilities)
Deschutes County Document No. 2015-118
Exhibit "A"
Property Description
Tetherow Rim
All that portion of land located in the Southwest Quatier(SW 114) of Section 12, Township 18
South, Range 11 East, Willamette Meridan, in Deschutes County, Oregon, more particularly
described as follows:
All those portions of land described in Statutory Wan'anty Deed from VRE Tract AC, LLC to
Tetherow Rim, LLC recorded June 30, 2014, as document number 2014 -021lO4, Official
Records, Deschutes County, Oregon.
EXHIBIT B
Tetherow Rim
Infrastructure Bid Schedule I Cost Estimate
January 20, 2015
ITEM
NO. DESCRIPTION
ESTIMATED
QNTY.
UNIT
PRICE TOTAL
CLEARING AND GRUBBING INCLUDING OFF-SITE DISPOSAL
OF ALL MATER IALS
2. FURNISH AND APPLY CONSTRUCTION WATER.
3. ROADWA YS UNCLASSIFIED EXCA V ATION AND EMBANKMENT, UNLESS
OTHERWISE SPECIFIED IN THIS BID SCHEDULE, ESTIMATED
QUANTITIES ARE IN-PLACE VOLUMES WITHOUT ADJUSTMENT
FOR EXPANSION, SHRINKAGE, SUBEXCA VA TION, OR SETTLEMENT
THE ESTIMATED QUANTITY ON ITEM 3. LINE WILL BE THE FINAL PAY
QUANTITY, UNLESS A CHANGE ORDER IS EXECUTED FOR A CHANGE
IN THE WORK SCOPE,
EST EXCAVATlON= 2,900 CY
EST EMBANKMENT = 1,500 CY
4 FURNISH MATERIALS AND CONSTRUCT 3/4" MINUS
AGGREGATE BASE COURSE, 6" MINIMUM COMPACTED
DEPTH FOR ROADS AND STREETS,
FURNISH MATERIALS AND CONSTRUCT 3" MINIMUM COMPACTED
DEPTH CLASS C ASPHALT CONCRETE PAVEMENT FOR ROADS,
6. FURNISH MATERIALS AND CONSTRUCT 3/4" MINUS
AGGREGATE BASE COURSE, 2" MINIMUM COMPACTED
DEPTH UNDER CONCRETE WALKS,SURFACING, RAMPS, & UTIL. PADS,
7, FURNISH MATERIALS AND CONSTRUCT 4" THICK CONCRETE
SURFACING FOR WALKS, HYDRANT AND UTILITY PADS, INCL.
ALL RAMPS AND DETECTABLE WARNING STRIPS.
8. FURNISH MATERIALS AND CONSTRUCT MOUNTABLE
CONCRETE CURB,
9, FURNISH MATERIALS AND CONSTRUCT 12" STD, CONCRETE CURB
10. SA WCUT AC PA VEMEN T
II, FURNISII MATERIALS AND INSTALL ROAD END OBJECT MARKERS
MUTCD FIGURE 2C-13, OM4-1, ON STD, CITY OF BEND SIGNPOSTS
12, FURN ISH MATERI ALS & CONSTRUCT STD. DOUBLE CATCH BASIN
PER CITY OF BEND STD. DWG, R-14
13 FURNISH AND INSTALL 8" C 900 PVC STORM DRAIN,
INCLUDING TRENCH EXCAVATION, BEDDING, AND BACKFILL.
14, FURNISH AND INSTALL 12" ASTM D3034-SDR 35 PVC STORM DRAIN,
INCLUDING TRENCH EXCAVATION, BEDDING, AND BACKFILL.
15, FL:RNISH AND INSTALL 12" C 900 PVC STORM DRAIN,
INCLUDING TRENCH E..XCA V ATION, BEDDING, AND BACKFILL
16, FL:RNISII & CONSTRUCT STORM SEDIMENTATION MANHOLE
PER CITY OF BEND STD, DWG. STRM-7 WITH RING AND COVER PER
CITY OF BEND STD, DWG, S-3A,
2.0 AC
I LS
2,900 CY
5,650 SY
5,650 SY
9,340 SF
9,340 SF
2,820 SF
930 LF
190 LF
6 EA
7 EA
20 LF
300 LF
40 LF
lEA
52,500.00
$5,000.00
$800
$680
$13.55
$0,50
S3.40
$9.25
$875
$200
$1,450.00
$1,300,00
$2400
$3000
$3750
$2,800.00
$5,000.00
55,000.00
$23,200.00
$38,42000
$76,557.50
$4,670,00
$31.756,00
$26,085.00
$8,137.50
$38000
$8,700,00
$9,100.00
$48000
$9,000,00
$1,500,00
$2,800,00
Page 1 of4 -EXHIBIT B to DOCUMENTNQsAA15-118
...th..rolol ..1m Bid ScheQ\I::'e 1/20/2015
EXHIBIT B
Tetherow Rim
Infrastructure Bid Schedule I Cost Estimate
January 20, 2015
ITEM ESTIMATED UNIT
NO. DESCRIPTIO N QNTY. PRICE TOTAL
17. FURNISH AND CONSTRUCT PRECAST DRAINAGE DRY WELL PER
CITY OF BEND STD. DWG. R-12, WITH 75 CUBIC YARDS DRAIN ROCK,
INCL. CONCRETE CAP, AND SLOTTED COVERS WHERE APPLICABLE
18. DRAINAGE DRY WELL TESTING
19. FURNISH AND PLACE ROUNDED RIVER ROCK SURFACING
20. FURNISH MATERIALS AND CO!'JSTRUCT ROCK RETAI!'JI!'JG WALL
INCLUDING DRAIN, FABRIC, AND SELECT BACKFILL(PA Y QUANTITY
IS FACE AREA BASED ON H-HEIGHT PER DETAIL 5 ON SHEETCLI,
AND SPECIFIED PLAN ELEVATIO!'JS)
21. FURNISH. INSTALL AND MAI!'JTAl!'J SILTFE!'JCl!'JG PER CITY OF BEND
STD. DWG. E· L
GRADING. DRAINAGE. AND ROAD IMPS, SUBTOTAL
22 POTHOLE EXISTI'S'G UTILITIES PRIOR TO CONSTRUCTION.
23. MODIFY EXISTING SEWER ~lANHOLE #1 BASE
24. FURNISH MATERIALS AND CONSTRUCT SANITARY SEWER MANHOLE
PER CITY STD. DWG. S-3B AND S-3A. VERTICAL HEIGHT 14 TO 15 FEET.
25. FURNISH MATERIALS AND CONSTRUCT SANITARY SEWER MANHOLE
PER CITY STD. DWG. S-3B AND S-3A. VERTICAL HEIGHT 7 TO 8 FEET.
26. FURNISH & INSTALL 8" ASTM D3034-SDR 35 PVC SANITARY SEWER,
PER CITY OF BEND SPECS. INCL. ,TRENCH EXCA V A TIO!'J, BEDDI!'JG,
AND BACKFILL, AT DEPTH OF 10 FEET OR GREA TER
0' FURNISH & INSTALL 8" ASTM D3034-SDR 35 PVC SANITARY SEWER,"'.
PER CITY OF BEND SPECS. INCL. TRENCH EXCAVATION, BEDDING.
AND BACKFILL, AT DEPTH OF LESS THAN 10 FEET.
28. FURNISH & INSTALL 4" ASTM D3034-SDR 35 PVC SA:NIT ARY SEWER
SERVICE PER CITY OF BEND SPECS. INCLUDING TRENCH EXCA VA TION,
BEDDING AND BACKFILL.
29. COMPLETE SANITARY SEWER TESTING OF ALL NEW SEWER
PER CITY OF BEND SPEC IFICATIONS
30. TRENCH AND SURFACE RESTORATION IN EXISTING ROAD
PER CITY OF BEND STD DWG. R-IO AND PLANS.
SANITARY SEWER SUBTOTAL
31. FURNISH MATERIALS A!'JD INSTALL 8"CLASS 52 DI WATER MAIN
INCLUDING TRENCH EXCAV A TlON. BEDDING AND BACKFILL
32. FURNISH MATERIALS AND INSTALL 6" CLASS 52 DI WATER PIPE
INCLUDlNG TRE:NCH EXCA V A TIO:N, BEDDING AND BACKFILL
33. FUR:NISH MATERIALS AND INSTALL I" WATER SERVICE
PER CITY OF BEND STD. DWG W·4.
4 EA
I LS
160 SF
260 SF
920 LF
1 LS
I LS
4 EA
4 EA
740 LF
805 LF
625 LF
I LS
I LS
1,925 LF
70 LF
685 LF
$8,500.00
$3.200.00
$26.50
$13.50
$3.00
$2,100.00
$3,280.00
$5,515.00
$4,500.00
$60.00
$5000
$35.00
$1,600.00
$5,000.00
$6&.00
$68.00
$75.00
834.000.00
$3.200.00
$4.240.00
$3.510.00
$2,760.00
$298,496.00
$2,100.00
$3.280.00
822,300.00
SI8,OOO.00
$44,400.00
$40,250.00
$21,815.00
$1.600.00
$5.00000
$158,805.00
$130.900.00
$4,760.00
$51,375.00
Page 1 of 4 -EXHIB IT B to DOCUMENT NQs !J115-118
Tt!thero'lrtl' RiTII Bid Schedu1-e l/;:Of;j.01S
EXHIBIT B
Tetherow Rim
Infrastructure Bid Schedule I Cost Estimate
January 20, 2015
ITEM
NO. DESCRIPTIO N
ESTIMATED
QNTY.
UNIT
PRICE TOTAL
34. FURNISH AND INSTALL 12" X 8" DI REDUCER AND RESTRAINED JOINTS
36. FURNISH AND INSTALL 8"·45° DI BEND AND RESTRAINED JOINTS
37. t UKNI~H ANlJ IN~ I ALL ~"·11.L5" L>II:H:.NL> ANL> KbS I KAIN1:lJ lUIN I ~
38. FURNISH AND INSTALL 8"·11.25' DI VERT. BEND
& RESTRAINED JOINTS.
19 FURNISH AND INSTALL 8"·22.5° Dl VERT. BEND & RESTRAINED JOINTS
40 FURNISH AND INSTALL 8"x8"x8" DI TEE & RESTRAINED JOINTS.
41. FURNISH AND INSTALL 8"x6"x8" DI TEE & RESTRA INED JOINTS.
42. FCRNISH :v!ATERIALS AND INSTALL 8" GATE VALVE
ASSEMBLY PER CITY OF BEND SPECIFICATIONS.
43. FURNISH :v!ATERIALS AND INSTALL 6" GATE VALVE
ASSEMBL Y PER CITY OF BEND SPECIFICATIONS.
44. FURNISH MATERIALS AND CONSTRUCT FIRE HYDRANT
ASSE:v!BLY COMPLETE IN PLACE PER CITY OF BEND STD.
DWGS. W·7 AND W·8.
46. FURNISH MATERIALS AND INSTALL I" WATER METER BOX
AND SERVICE PER CITY OF BEND STD. DWG. W·4A AND W·4B.
46A FURNISH MATERIALS AND INSTALL 2" COMMERCIAL WATER SERVICE
AND METER BOX PER CITY OF BEND sm DWG. W·5A FOR COMMON
IRRIGATION SERVICE.
47. FURNISH EQUIPMENT AND MATERIALS AND COMPLETE 8" HOT·TAP
OF EXISTING 16' Dl WATER MAIN
48 COMPLETE WATER LINE CHLORINATION AND TESTING PER
CITY OF BEND SPECIFICA TIONS
WATER SYSTEM SU BTOTAL
49. PROVIDE FRANCHISE UTILITY TRENCH FOR POWERlCOM:v!CNICATIONS
CONDUITS, AND GAS MAIN/SERVICE, INCL. ALL TRENCH EXCA VA TION,
BEDDING AND BACKFILL
50. FURNISH MATERIALS AND I:-JSTALL 2" SCH. 40 PVC CONDUIT,
INCLUDING SWEEPS, AND APPURTENANCES.
51. FURNISH MATERIALS AND I:-JSTALL 3" SCH. 40 PVC CONDUIT,
INCLUDING SWEEPS AND APPURTENANCES
52. FURNISH MATERIALS AND INSTALL 4" SCH. 40 PVC CONDUIT,
INCLUDING SWEEPS AND APPURTENANCES.
lEA
2 EA
21:A
4 EA
L l:.A
4 EA
4 EA
9 EA
4 EA
4 EA
29 EA
lEA
1 EA
I LS
2,200 LF
2,595 LF
2,050 LF
2,490 LF
$52000
$375.00
$305.UU
$1,500.00
$I,5UU.UU
$96000
$76000
$1,20000
$90000
$2,600.00
$650.00
$1,800.00
$3,100.00
$2,500.00
$1800
S240
$425
5520
$520.00
$75000
:HJU.UU
$6.00000
liJ.UUU.UU
$3,840.00
$10,800.00
$3,600.00
$ 10,400.00
$ I 8,850.00
$1.800.00
53,100.00
$2,50000
$39,60000
$6.228.00
$8.71250
$12,948.00
Page 1 of 4 -EXHIBIT B to DOCUMENT NQs ?J115-118
T~t.her-r.w lhm Bid scheduJ.fJ l!;':O/Z015
EXHIBIT B
Tetberow Rim
Infrastructure Bid Scbedule I Cost Estimate
January 20, 2015
ITEM ESTIMA TED UNIT
NO. DESCRIPTIO N QNTY PRICE TOTAL
53. FURNISH MATERIALS AND INSTALL PACIFIC POWER 5 EA $3,500.00 $17,500.00
SINGLE PHASE TRANSFORMER PAD V AUL T-OLDCASTLE PRECAST
644·TRANS-PCORP-STOCK ITEM 7992971, INCLUDING EXCA VATION
AND BACKFILL.
54 FURNISH MATERIALS AND INSTALL PACIFIC POWER lEA $2,700.00 $2,700.00
SINGLE PHASE SECTIONALIZING CABINET PAD VAUL T-OLDCASTLE
PRECAST 444-SECT-PCORP-STOCK ITE\l 7992607, INCLUDING EXCAV ATION
AND BACKFILL.
55. FURNISH MATERIALS AND INSTALL PACIFIC POWER 3-PHASE lEA $4,407.00 $4,407.00
SECTIONAUZING CABINET PAD VAUL T· OLDCASTLE PRECAST
575-SECT-PCORP STOCK ITEM 7992605, INCLUDING EXCAV ATION
AND BACKFILL
FRANCHISE/DRY UTILITIES CONSTRUCTION SUBTOTAL $92,095.50
TOTAL BID SCHEDt;LE A AMOU\T $805,362 I
Page 1 of 4 -EXHIBIT B to DOCUMENT NQs?J!15-118
TettHtrOV Ih.1!', rnd S:hedul-e lnO/2015
COMPLETJON BOND
Bond No.: PENDJNG
KNOW ALL MEN BY THESE PRESENTS:
That we, TETHEROW RIM LLC as Principal, and WESTCHESTER FIRE INSURANCE
COMPANY, as Surety, a corporation organized under the laws of the Commonwealth of PENNSYLVANIA and
duly authorized to transact business in the State of Oregon, are held and firmly bound unto DESCHUTES
COUNTY, a political subdivision of the State of Oregon, as Obligee, in the sum of NINE HUN DRED SIXTY
SIX THOUSAND FOUR HUNDRED THIRTY FIVE AND NO/I00 DOLLARS ($966,435.00) in lawful
money of the United States of America, to which payment well and truly to be made, we bind ourselves, our heirs,
personal representatives, ex and severally, firmly by these
presents.
WHEREAS, the Pri oads and Utilities) with Deschutes
County, Document No. 2015-118, by the terms and conditions of the Agreement the Principal agreed to complete
together with any needed replacements or repairs all subdivision improvements relating to Document ~o.
2015-118, said Agreement being incorporated herein by reference and made a part hereof as if fully set forth
herein.
NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall well and truly
comply with the terms and conditions of said Agreement in all respects, and fully do and perform all matters and
things by them undertaken to be performed under said Agreement, upon the terms proposed therein, and within the
time prescribed therein, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure
to perform said obligation, then this obligation shall be null and void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, this bond is not subject to cancellation pursuant to ORS 742.366(2), and the
surety hereby waives notice of any change, alteration, extension of time or addition to the improvements authorized
by the Obligee.
Signed, sealed and dated this XXTH day of FEBRUARY, 2015 .
PRINCIPAL:
TETHEROW RIM LLC
By ______________________________
Its:
SURETY:
WESTCHESTER FIRE INSURANCE COMPANY
By _____________________________
Its: Attorney-in-Fact, Ryan Fernandez
Page 1 of 1 -EXHIB IT D to Document No. 2015-118
I
1
I
I
l
~ ~
FILE NUMBERS:
1 APPLICANT:
I
j
1 OWNER:
APPLICANT'S AGENT:
PROPOSAL:
LOCATION:
STAFF CONTACT:
Community Development Department
PIMnino OMs., 8uIIdIno Safety DIvIsion EnvtronmefthII Sols OMs.,
P.o. Box 6005 117 r-lW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
FINDINGS AND DECISION
MC-14-1ITP-14-1 023
Lyle Homes
Attn. Jack Willing, President
10604 NE 38TH Place, Suite 227
Kirkland, WA 98033
VRE Tract AC, LLC
Attn.: Jason Eckhoff
100 S. Brentwood Blvd. Suite 240
Saint Louis, MO 63105-1635
Keith D'Agostino, PE
D'Agostino Parker, LLC
185 SW Shevlin Hixon Drive, Suite 101
Bend, OR 97702
The applicant is requesting Tentative Subdivision Plan approval
for a 29 lot residential subdivision of Development Tract "AC'
(Tetherow Phase 1 plat) of the Tetherow Destination Resort, and
Modification of the resort Conceptual Master Plan (CMP), and
Final Master Plan (FMP) to allow detached residential
development on said Development Tract "AC'. The subdivision will
include private roads and common area tracts.
The subject property is located at 61305 Meeks Trail, Bend. The
property is Development Tract "AC' of the plat of Tetherow
Phase I, of Tetherow destination resort, and is also identified on
Deschutes County Assessor map 18-11-1200, as tax lot 1900.
Will Groves, Senior Planner
STANDARDS AND APPLICABLE CRITERIA
Tetherow (formerly known as Cascade Highlands) Destination Resort Master Plans, as outlined
in County File Nos. CU-04-94, M-05-2, and MC-12-4.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1ITP-14-1 023 Page 1
Quality Services Perfonned with Pride
I I
Title 19 of the Deschutes County Code. Bend Urban Growth Boundary Zoning Ordinance
Chapter 19.106, Destination Resorts
Title 17 of the Deschutes County Code. Subdivision Ordinance
Chapter 17.16. Approval of Subdivision Tentative Plans and Master Development Plans
Chapter 17.36. Design Standards
Chapter 17.44. Park Development
Chapter 17.48. Design and Construction Specifications
Title 19 of the Deschutes County Code. Bend Urban Growth Boundary Zoning Ordinance
Chapter 19.12. Urban Area Reserve -UAR
Title 22. the Deschutes County Land Use Procedures Ordinance. of the Deschutes County
Code
Chapter 22.36, Limitations on Approvals
II. BASIC FINDINGS:
A. LOCATION: The subject property is located at 61305 Meeks Trail, Bend. The property
is Development Tract 'AC' of the plat of Tetherow Phase I. of Tetherow destination
resort. and is also identified on Deschutes County Assessor map 18-11-1200, as tax lot
1900.
B. LOT OF RECORD: The subject Tract is platted as Tract AC on the Tetherow Phase 1
final plat.
C. ZONING: The subject property is zoned Urban Area Reserve (UAR10), within a
Destination Resort (DR) overlay.
D. PROPOSAL: The applicant is requesting Tentative Subdivision Plan approval for a 29
lot residential subdivision of Development Tract 'AC' (Tetherow Phase 1 plat) of the
Tetherow Destination Resort. The subdivision will include private roads and common
area tracts.
This application includes a Modification of the resort Conceptual Master Plan (CMP).
and Final Master Plan (FMP) to allow detached residential development on said
Development Tract 'AC'. Tract 'AC' is presently designated for Townhome development
on the CMP and FMP. Under this modification. 29 townhome units approved under the
existing CMP and FMP will be replaced with 29 detached single family residential units.
to be developed on the subject property. The overall resort approved total residential
units of 589 will not change. The residential development of the resort will be modified
from 379 single family lots and 210 multi-family units to 408 single family lots and 181
Townhomes.
E. SITE DESCRIPTION: The subject property is an undeveloped 9.25 acre tract located
on the plateau in the southerly portion of the Tetherow resort. The site is generally
covered with native vegetation, shrubs and grasses, and has gentle topography. with a
mild slope trending in the easterly direction. There are no mature trees on the site. A
small portion of the site is graded and developed with a drainage infiltration basin
associated with abutting Meeks Trail private road pursuant to a recorded drainage
easement.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1rrp-14-1023 Page 2
F. SURROUNDING LAND USES: The subject property is bounded by existing improved
Tetherow private road Meeks Trail to the south and east; undeveloped, Development
Tract 'AB' of the resort to the west, and Development Tract AE of Tetherow, (platted as
Golf Homes at Tetherow) , to the north. Golf Homes at Tetherow is currently under
development and construction of 56 zero lot line, duplex townhomes, pursuant to County
Files TP-09-1010, and SP-09-34. Across Meeks Trail to the south and east of the
subject land are other future Development Tracts, 'AG', AF, and 'AD' of the Tetherow
resort.
G. PUBLIC COMMENTS: Notice of this application was provided to all property owners
within the Tetherow Phase I subdivision and all owners within 250 feet of the exterior
boundaries of the subdivision. No public comments were received.
H. REVIEW PERIOD: These applications were submitted on March 19, 2014. The
Planning Division deemed this application complete and accepted it for review on
April 19, 2014.
I. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several
agencies and received the following comments:
Deschutes County Road Department: The applicant is to meet the following conditions if
this land use application is approved:
1. Road design and construction shall be in accordance with the approved Resort
Vehicle and Pedestrian Access Plan, Exhibit V of the resort CMP and DCC
#17.48.180, "Private Roads" and Table "A", DCC, private roads.
2. Construction plans for all required road improvements shall be approved by the
County Road Department prior to commencement of any construction in
accordance with DCC 17.48.060.
3. Roads and bike paths shall be surveyed and staked in accordance with DCC
.17.48.200
4. The applicant shall construct all improvements under the inspection and approval
of the Deschutes County Road Department Director. The Director may accept
certification of improvements by a professional engineer consistent with ORS
92.097
5. All easements of record or existing right-of-ways shall be shown on the final plat.
Deschutes County Building Safety Division: The Deschutes County Building Safety
Division code required Access, Egress, Setbacks, Fire & Life Safety, Fire Fjghting Water
Supplies, etc. will be specifically addressed during the plan review process for any
proposed structures and occupancies. All Building Code required items will be
addressed, when a speCific structure. occupancy, and type of construction is proposed
and submitted for plan review.
Deschutes County Transportation Planner: I have reviewed the transmittal materials for
MC-14-1ffP-14-1023 to allow a 29-lot residential subdivision of detached single-family
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1 ffP-14-1 023 Page 3
homes in the Tetherow destination resort at 61305 Meeks Trail, aka 18-11-1200, Tax Lot
1900. I agree with the traffic study's analysis area, methodologies, and conclusions.
Board Resolution 2013-020 sets an SDC rate of $3,758 per p.m. peak hour trip. County
staff has determined given the residential mix of housing units between primary and
secondary residences in the County, that a single-family home will generate 0.81 p.m.
hour trips, so the applicable SDC is $3,044 ($3,758 X 0.81). BOCC Res. 2013-020 then
gives a 50% reduction to developments that also pay transportation SDCs to the City of
Bend, such as Tetherow. Therefore the applicable SDC for each unit will be $1,522
($3,044/2).
Bend Fire Department: The Bend Fire Department submitted a comment letter dated
April 23, 2014. It is incorporated herein by reference.
The following agencies did not respond or had no comments: City of Bend Engineering,
City of Bend Planning. Deschutes County Surveyor, Property Address Coordinator,
Cascade Natural Gas, Pacific Power and Light, Centurylink, City of Bend Engineering,
City of Bend Public Works, and Bend Fire Department.
J. LAND USE HISTORY: Tetherow was approved as a 706-acre destination resort,
including 379 single-family residential units, 210 multi-family residential units, 300
overnight lodging units (OLU's) and a golf course under CU-04-94, as modified in
February 2005 and finalized under M-05-2, as modified in October 2005. Tentative Plan
TP-06-973 was subsequently approved on October 11, 2006, allowing creation of 379
single-family dwelling lots, 10 resort core area tracts (including the subject Tract),
common area tracts, golf tracts, and 1 park tract. The subject Development Tract AC,
was created and platted on September 24,2007.
The subject Development Tract AC was generally identified as "Area 5"-"proposed
Townhome Development Area" on the CMP (CU-04-94) and FMP (M-05-2) approved
Master Plans-Exhibit A.
At the time of this application, a Property Line Adjustment application (LL-14-9) has been
approved by Deschutes County to adjust the boundary of the subject Development Tract
"AC' and abutting Development Tract AB. When finalized, that adjustment will change the
area of the subject Tract "AC' from 8.85 acres to 9.25 acres. It is anticipated that the
Property Line adjustment will be recorded prior to the issuance of Decision on this
application, and thus this application is based on this adjustment where applicable. As a
condition of approval, the applicant shall finalize LL-14-9, prior to recording a final plat for
the proposed subdivision.
K. PROCEDURAL ISSUES: The proposed modification constitutes an insubstantial
change to the Tetherow CMP and FMP under DCC 19.106.080, as discussed below.
Approval of the proposed modification to the CMP map will also automatically result in a
corresponding change to the FMP map, since the proposed changes to the CMP map
are self-activating and do not require implementation through actions taken under any
CMP conditions of approval. Accordingly, no separate compliance analysis under an
FMP application is required for the map modification.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1 ITP-14-1 023 Page 4
III. CONCLUSIONARY FINDINGS:
Title 22 of the Deschutes County Code, the Development Procedures Ordinance
A Chapter 22.36, LIMITATIONS ON APPROVALS
1. Section 22.36.040. Modification of Approval.
A. An applicant may apply to modify an approval at any time after a
period of six months has elapsed from the time a land use action
approval has become final.
FINDING: The CMP (CU-04-94) was approved in February 2005 and Final Master Plan was
approved in October 2005. More than six months have elapsed since those approvals became
final.
B. Unless otherwise specified in a particular zoning ordinance
provision, the grounds for filing a modification shall be that a
change of circumstances since the issuance of the approval makes
it desirable to make changes to the proposal, as approved. A
modification shall not be filed as a substitute for an appeal or to
apply for a substantially new proposal or one that would have
significant additional impacts on surrounding properties.
FINDING: This application includes a Modification of the resort Conceptual Master Plan (CMP).
and Final Master Plan (FMP) to allow detached residential development on said Development
Tract 'AC'. Tract 'AC' is presently designated for Townhome development on the CMP and
FMP. Under this modification. 29 townhome units approved under the existing CMP and FMP
will be replaced with 29 detached single family residential units, to be developed on the subject
property. The overall resort approved total residential units of 589 will not change. The
residential development of the resort will be modified from 379 single family lots and 210 multi
family units to 408 single family lots and 181 Townhomes.
In its burden of proof for MC-12-4. the applicant provided a detailed description of the changes
of circumstances in the submitted burden of proof as follows:
The passage of more than 10 years from those initial studies, various socio-economic
trends. various economic and world events since the initial approvals, including the
severe economic recession 2007-2011, have changed the marketplace and demand for
various residential units. A large segment of the projected townhome market was and is,
generally second home buyers. The aftermath of the severe economic recession has
clearly restrained that market, lending for second homes and attached product
development is now more stringent. and thus the market has changed and the demand
for attached town homes has diminished.
The proposed change in the residential product mix is desirable, because the successful
sale and development of the residential property is critical to funding and operation of
the resort recreational amenities, and to the development of the associated resort
overnight lodging. A lack of response to the market changes, could seriously inhibit the
success of the resort, which would not benefit the applicant, nor the public.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1rrp-14-1023 PageS
Staff finds that the change in the marketability of single family and multifamily units is a change
of circumstances since the issuance of the approval makes it desirable to make changes to the
proposal, as approved.
This modification request is not being filed as a substitute for an appeal. The proposed
modification is specific to this particular 9.25 acre Development Tract only, within the 706 acre
resort, thus impacting less than 2% of the total area of the resort. The proposal is to allow for
the development of detached single family residential units in lieu of townhome units on this
particular Development Tract that was identified for 'Townhomes" on the original CMP and FMP
approvals. The existing CMP and FMP approvals allowed for a mix of single family and
multifamily units at the resort. Therefore, this modification request is not an application for a
substantially new proposal.
This proposal is for residential development in an area designated for such development and no
significant adverse impacts have been identified either through agency comments or by Staff.
Therefore, Staff finds that this modification request is not an application that would have
significant additional impacts on surrounding properties.
C. An application to modify an approval shall be directed to one or
more discrete aspects of the approval, the modification of which
would not amount to approval of a substantially new proposal or
one that would have significant additional impacts on surrounding
properties. Any proposed modification, as defined in DCC 22.36.040,
shall be reviewed only under the criteria applicable to that particular
aspect of the proposal. Proposals that would modify an approval in
a scope greater than allowable as a modification shall be treated as
an application for a new proposal.
FINDING: The proposed modification is addressed only to the discrete issues of the mix of
allowed destination resort residential uses, and the location of detached residential units on
Development Tract AC. The modification does not affect the scope and scale of the resort or the
mix of development areas and open space. It does not affect the recreational facilities that
define and qualify the Resort as a destination resort. The supplied traffic study, combined with
comments by the Deschutes County Road Department, Deschutes County Transportation
Planner, and "no comment" by the City of Bend confirm that the project will not adversely impact
roads or utility systems. It does not affect any of the utility or road facilities necessary to serve
Tetherow. As such, the modification is addressed to discrete aspects of the Resort. As
described above, approval of the proposed modification would not amount to a substantially
new proposal nor would it result in significant additional impacts on surrounding properties.
Title 19 Of The Deschutes County Code, Urban Area Reserve.
A. Chapter 19.12, Urban Area Reserve -UAR
1. Section 19.12.030. Conditional Uses.
O. Destination resort, where mapped in the Bend Area General Plan
destination resort map, subject to Dee 19.106.
FINDING: The subject property is within the Tetherow Destination Resort (CU-04-94, M-05-2).
The subject property is mapped as destination resort on the Bend Area General Plan
destination resort map.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1ffP-14-1023 Page 6
B. Chapter 19.106, Destination Resorts
1. Section 19.106.080. Procedure for Modification of A Conceptual Master Plan
Any substantial change, as determined by the Planning Director, proposed
to an approved CMP shall be reviewed in the same manner as the original
CMP. An insubstantial change may be approved by the Planning Director.
Substantial change to an approved CMP, as used in DCC 19.106.080,
means an alteration in the type, scale, location. phasing or other
characteristic of the proposed development such that findings of fact on
which the original approval was based would be materially affected.
FINDING: The proposed modification is addressed only to the discrete issues of the mix of
allowed destination resort residential uses, and the location of detached residential units on
Development Tract AC. The modification does not affect the scope and scale of the resort, nor
the mix of development areas and open space. It does not affect the recreational facilities that
define and qualify the Resort as a destination resort. It does not significantly affect any of the
utility or road facilities necessary to serve Tetherow. Therefore, Staff finds that the proposed
modification is not substantial change, as defined under this criterion.
2. Section 19.106.060. Standards for Destination Resorts.
The following standards shall govern consideration of destination resorts:
A. The destination resort shall, in the first phase. provide for and
include as part of the CMP the following minimum requirements:
1. At least 150 separate rentable units for visitor-oriented
lodging;
FINDING: The resort met the requirements of this criterion via SP-07-6 and TP-07-990 which
approved 150 separate rentable units for visitor-oriented lodging. Additionally MC-08-6 modified
those approvals to include a total of 198 separate rentable units for visitor-oriented lodging.
These approvals have been superseded first by SP-12-11, which transferred the approved 198
OLUs from Development Tract AB to Development Tract AA, and subsequently by SP-12-22
and SP-14-2, which approved a reconfiguration on Development Tract AA of the proposed
OLUs approved in SP-12-11. The subject application does not alter these approvals and
accordingly does not impact Tetherow's continuing compliance with this criterion. The current
status of overnight units at the resort is discussed in detail bleow.
2. Visitor-oriented eating establishments for at least 100
persons and meeting rooms which provide eating for at least
100 persons;
FINDING: No changes are proposed to the previously approved and constructed visitor
oriented eating establishments.
3. At least $7 million shall be spent on improvements for on-site
developed recreational facilities and visitor-oriented
accommodations exclusive of costs for land. sewer and water
facilities and roads. Not less than one-third of this amount shall
be spent on developed recreational facilities. The spending
minimums provided for are stated in 1993 dollars; and
Deschutes County Document No. 2015·118 -Exhibit C • MC-14-1 fTP-14-1 023 Pagel
FINDING: No reduction in the amount spent on improvements for on-site developed
recreational facilities and visitor-oriented accommodations is proposed. This criterion has
already been met.
4. The facilities and accommodations required by this DCC
19.106.060 must be physically provided or financially assured
pursuant to DCC 19.106.110 prior to closure of sales, rental or
lease ofany residential dwellings or lots.
FINDING: No changes to the timing of physical provision or financial assurance of facilities and
accommodations required by DCC 19.106.060 are proposed. The current status of overnight
units at the resort is discussed in detail bleow.
B. All destination resorts shall have a minImum of 160 contiguous
acres of land. Acreage split by public roads or rivers or streams
shall count toward the acreage limit, provided that the CMP
demonstrates that the isolated acreage will be operated or managed
in a manner that will be integral to the remainder of the resort.
FINDING: No changes are proposed to the previously approved contiguous acreage of the
resort. This criterion has been met.
C. All destination resorts shall have direct access onto a state, county,
or city arterial or collector roadway, as designated by the Bend
Urban Area General Plan.
FINDING: No changes are proposed to the previously approved accesses for the resort. This
criterion has been met.
D. A destination resort shall, cumulatively and for each phase, meet the
following minimum requirements:
1. The resort shall have a minimum of 50 percent of the total
acreage of the development dedicated to permanent open
space, excluding yards, streets and parking areas. Portions
of individual residential lots and landscape area requirements
for developed recreational facilities, visitor-oriented
accommodations or mu/ti·family or commercial uses
established by DCC 19.76.080 shall not be considered open
space; and
FINDING: Currently, 51% of the total acreage of the resort has been dedicated to permanent
open space in compliance with this criterion. This proposal does not increase or reduce the
acreage dedicated to open space.
2. Individually·owned residential units shall not exceed two and
one·half such units for each unit of visitor·oriented overnight
lodging constructed or financially assured within the resort.
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 service(s).
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1rrp-14-1 023 Page 8
FINDING: Staff notes that this condition was modified under MC-13-3, as it is shown above, to
allow a ratio of 2.5 residential units for each overnight unit. The current status of individually
owned residential unit and visitor-oriented lodging units for the entire T etherow resort at the time
of this application is as follows:
Residential Units (Lots):
There are 367 total residential units (lots) created by final plat. The breakdown is as follows:
Final Plat Total Residential Units (Lots)
Tetherow Phase 1 93
Tetherow Phase 2 68
Tetherow Phase 3 82
Tetherow Phase 4 19
Tetherow Phase 5 39
Tetherow Phase 6 10
Golf Homes at Tetherow 56
Total Platted Residential Units (lots) = 367
Visitor-Oriented Lodging:
The CMP and FMP provide for 300 overnight units. There are presently 198 units approved
through SP-12-22 on Tract AA, which are finanCially assured through an improvement
agreement. Of these 198 units on Tract AA, 26 units have been constructed. In addition, 24
units approved under SP-12-10 have been constructed on Tract Z.
For an overnight lodging unit to count towards the ratio described in this criterion, the overnight
unit must be constructed or financially assured. Presently the individually-owned residential
units do not exceed two and one-half such units for each unit of visitor-oriented overnight
lodging. The current ratio is 1.65:1, with 367 platted residential lots and 222 built or finanCially
assured overnight units.
Approval has been granted under SP-14-2 to reduce the number of approved overnight units on
Tract AA to 159 units. At such time as the improvement agreement is updated to reflect this
change there will be 26 constructed units and 133 financially assured units on Tract AA. This
would result in a ratio of 2: 1, with 367 platted residential lots and 183 built or financially assured
overnight units.
The proposed 29 unit subdivision would add 29 single-family residential units to the resort.
Under SP-12-22 and the current improvement agreement, there would be 396 residential lots
and 222 built or bonded overnight units. This would result in a ratio of 1.78:1.
At such time as the improvement agreement is updated to reflect SP-14-2, there will be 26
constructed units and 133 financially assured units on Tract AA. Combined with the 29 new
single family units in this proposal, this would result in a ratio of 2.16:1.
Staff, therefore, finds that this proposal can comply with this criterion. The ratio is ultimately
constrained by MC-13-3 condition of approval #4 that requires:
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1 ITP-14-1 023 Page 9
During all phases of the development, the developer and/or its successors in interest
shall ensure that individually-owned residential units shall not exceed two and one-half
such units for each unit of visitor-oriented overnight lodging.
Staff includes a condition of approval requiring that the applicant demonstrate that individually
owned residential units do not exceed two and one-half such units for each unit of visitor
oriented overnight lodging, prior to recording a final plat under TP-14-1 023.
E. Phasing. A destination resort authorized pursuant to DCC
19.106.060 may be developed in phases. If a proposed resort is to
be developed in phases, each phase shall be as described in the
CMP. Each individual phase shall meet the following requirements:
1. Each phase, together with previously completed phases, if
any, shall be capable of operating in a manner consistent
with the intent and purpose of DCC 19.106 and Goal 8;
2. The first phase and each subsequent phase of the destination
resort shall cumulatively meet the minimum requirements of
DCC 19.106.060 and DCC 19.76.070, and;
3. Each phase may include two or more distinct non-contiguous
areas within the destination resort.
FINDING: No phasing is included in this proposal.
F. Dimensional standards:
1. The minimum lot area, width, lot coverage, frontage and yard
requirements and building heights otherwise applying to
structures in underlying zones and the provisions of DCC
19.88.210 relating to solar access shall not apply within a
destination resort. These standards shall be determined by
the Planning Director or Hearings Body at the time of the
CMP. In determining these standards, the Planning Director
or Hearings Body shall find that the minimum specified in the
CMP are adequate to satisfy the intent of the Bend Urban
Area General Plan relating to solar access, fire protection,
vehicle access, and to protect resources identified by LCDC
Goal 5 which are identified in the Bend Urban Area General
Plan. At a minimum, a 100 foot setback shall be maintained
from all streams and rivers. No lot for a single-family
residence shall exceed an overall project average of 22,000
square feet in size.
FINDING: Applicable building setbacks and building height allowances, are addressed in the
approved Tetherow Resort Dimensional Standards (Exhibit E) and the "Height Restrictions Area
Map, (Exhibit A-6), both as approved under the FMP (M-05-2). Relative to Exhibit E, this
proposal falls under the Single Family Residential Category of the Dimensional Standards, with
the following Requirements:
A. Height Regulations
1. Maximum building height of 30 feet within Height Restriction Area
No. 3 of Exhibit E.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1rrp-14-1023 Page 10
2. Maximum building height of 35 feet within all other areas of the
subject Tract.
B. Lot (and Setback) Requirement
1. Minimum Lot area of 4000 square feet.
2. Minimum average lot width of 40 feet at building site, except that a
corner lot shall be a minimum of 45 feet.
3. Minimum lot width at street (lot frontage) of 20 feet.
4. Front yard minimum of 10 feet.
5. Side yard minimum of 5 feet.
6. Rear yard minimum of 20 feet, where not abutting common area,
rear yard minimum of 0 feet where abutting common area that is 50
feet or greater in depth.
7. Lot Coverage. Maximum lot coverage of buildings and structures
shall be 45% of the lot area.
The submitted Tentative Plan demonstrates compliance with the minimum lot area, average lot
width, and lot width (frontage) requirements. The other criteria cannot be evaluated at Tentative
Plan, and will be reviewed and addressed for compliance at the Building Permit application for
buildings on each lot. Staff finds that the proposed lots are configured as to allow development
of single family residences on the proposed lots that can comply with these setbacks.
2. Exterior setbacks and buffers.
a. A destination resort shall provide for the
establishment and maintenance of buffers between the
resort and adjacent land uses, including natural
vegetation and where appropriate, fences, berms,
landscaped areas, and other similar types of buffers.
b. Exterior setbacks shall also be provided to ensure that
improvements and activities are located to minimize
adverse effects of the resort on uses on su"ounding
lands.
FINDING: This application does not impact exterior resort setbacks and buffers, as the
development tract is located internal to the resort.
G. Floodplain requirements. The Flood Plain Zone (FP) requirements of
DCC 19.72 shall apply to all developed portions of a destination
resort in an FP Zone in addition to any applicable criteria of DCC
19.106. Except for flood plain areas which have been granted an
exception to LCDC goals 3 and 4, Flood Plain Zones shall not be
considered part of a destination resort when determining
compliance with the following standards;
1. One hundred sixty acre minimum site;
2. Open space requirements.
A conservation easement as described in DCC Title 19 shall be
conveyed to the County for all areas within a flood plain which are
part of a destination resort.
FINDING: The subject property does not include any areas zoned Flood Plain.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1fTP-14-1023 Page 11
H. Excavation, grading and fill and removal within the bed and banks of
a stream or river or in a wetland shall be a separate conditional use
subject to all pertinent requirements of Dee Title 19.
FINDING: No excavation, grading or fill and removal within the bed and banks of a stream or
river or in a wetland are included in this proposal.
I. Time share units not included in the overnight lodging calculations
shall be subject to approval under the conditional use criteria set
forth in Dee 19.100. Time share units identified as part of the
destination resort's overnight lodging units shall not be subject to
the time share conditional use criteria of Dee 19.100.
FINDING: No time share units are included in this proposal.
1. Section 19.106.070, Approval Criteria.
In order to approve a destination resort, the Planning Director or Hearings
Body shall find from substantial evidence in the record that:
A. The subject proposal is a destination resort as defined in Dee
19.04.040.
FINDING: Staff finds that, under this proposal, the resort will continue to comply with the DCC
19.04.040 definition.
B. All standards established by Dee 19.106.060 are or will be met.
FINDING: Findings of compliance with DCC 19.106.060 are made above.
e. The economic analysis demonstrates that:
1. The necessary financial resources are available for the
applicant to undertake the development consistent with the
minimum investment requirements established by Dee
19.106;
2. Appropriate assurance has been submitted by lending
institutions or other financial entities that the developer has
or can reasonably obtain adequate financial support for the
proposal once approved;
3. The destination resort will provide a substantial financial
contribution which positively benefits the local economy
throughout the life of the entire project, considering changes
in employment, demands for new or increased levels of
public service, housing for employees and the effects of loss
of resource land, and;
4. The natural amenities of the site considered together with the
identified developed recreation facilities to be provided with
the resort will constitute a primary attraction to visitors,
based on the economic feasibility analysis.
FINDING: The economic analysis was approved as part of the initial CMP approval.
Clarification of where already-approved uses may occur within a portion of the Resort does not
the prior findings of fact made in the CMP and FMP for this approval criterion.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1rTP-14-1 023 Page 12
D. The destination resort incorporates design components, setbacks,
and buffers to protect designated wildlife areas.
FINDING: The proposal does not reduce or otherwise affect the buffers already approved
under the existing CMP and FMP approvals.
E. Important natural features, including but not limited to, significant
wetlands, riparian habitat and landscape management corridors will
be maintained. Riparian vegetation within 100 feet of streams, rivers
and significant wetlands will be maintained. Alterations to important
natural features, including placement of structures, is allowed so
long as the overall values of the feature are maintained.
FINDING: The existing CMP and FMP approvals identify no important natural features on any
of the subject properties.
F. The development will not force a significant change in accepted
farm or forest practices or significantly increase the cost of
accepted farm or forest practices on surrounding lands devoted to
farm or forest use.
FINDING: The proposal does not reduce the buffers already approved under the existing CMP
and FMP approvals. The tracts that are the subject of this application are insulated from any
forest practices occurring on the lands west of Tetherow by the intervening Tetherow
development tracts.
G. Destination resort developments that significantly affect a
transportation facility shall assure that the development is
consistent with the identified function, capacity and level of service
of the facility. This shall be accomplished by either:
1. Limiting the development to be consistent with the planned
function, capacity and level of service of the transportation
facility;
2. Providing transportation facilities adequate to support the
proposed development consistent with OAR Chapter 660.
Division 12; or
3. Altering land use densities. design requirements or using
other methods to reduce demand for automobile travel and to
meet travel needs through other modes.
A destination resort Significantly affects a transportation
facility if it would result in levels of travel or access that are
inconsistent with the functional classification of a facility or
would reduce the level of service of the facility below the
minimum acceptable level identified in the relevant
transportation system plan.
a. Where the option of providing transportation facilities
is chosen, the applicant shall be required to improve
impacted roads to the full standards of the affected
authority as a condition of approval. Timing of such
improvements shall be based upon the timing of the
impacts created by the development as determined by
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1 fTP-14-1 023 Page 13
the traffic study or the recommendations of the
affected road authority.
b. Access within the project shall be adequate to serve
the project in a safe and efficient manner for each
phase of the project.
FINDING: The supplied traffic study, combined with comments by the Deschutes County Road
Department, Deschutes County Transportation Planner, and "no comment" by the City of Bend
confirm that the project will not adversely impact the traffic system. As such, the proposed
change will not create new adverse transportation impacts. The proposed modification does not
materially affect the findings of fact on which the original approval was based under this
criterion.
H. The development will not create the potential for natural hazards
identified in the Bend Urban Area General Plan. No structure will be
located on slopes exceeding 25 percent. A wildfire management
plan will be implemented to ensure that wildfire hazards are
minimized to the greatest extent practical and allow for safe
evacuation.
FINDING: The subject property has already been approved for development with structures
under this criterion. This proposal does not affect the buffers between adjacent wildlands and
the Resort. In addition, the clarification does not change the Firewise development standards
adopted as part of the FMP approval.
I. Adequate public safety protection will be available through existing
fire districts or will be provided on-site according to the
specification of the state fire marshal. If the resort is located
outside of an existing fire district. the developer will provide for
staffed structural fire protection services or contract with or annex
to the existing district. Adequate public facilities to provide for
necessary safety services such as police and fire will be available to
serve the proposed development.
FINDING: Adequate public facilities to provide for necessary safety services are available to
serve the proposed development. The City of Bend will continue to provide sewer and water
service. Fire protection will continue to be provided by the Bend Fire Department. Notice of this
application was provided to the City of Bend, Deschutes County Road Department, and the
Deschutes County Transportation Planner. No infrastructure deficiencies were identified.
J. Streams and drainage. Unless otherwise agreed to in writing by the
adjoining property owner(s). existing natural drainages on the site
will not be changed in any manner which interferes with drainage
patterns on adjoining property. All surface water drainage changes
created by the development will be contained on-site in a manner
which meets all standards of the Oregon State Department of
Environmental Quality (DEQ). The erosion control plan for the
subject development will meet all standards of ORS Chapter 468B.
FINDING: This proposal will not result in any development on terrain that is not contemplated
for development under the initial approvals. The details of site drainage are resolved under the
land division standards, discussed in detail below.
Deschutes County Document No. 2015-116 -Exhibit C -MC-14-1rTP-14-1023 Page 14
K. Adequate water will be available for all proposed uses at the
destination resort, based upon the water study, a water service
agreement with the city of Bend or a proposed water conservation
plan as required by DCC 19.106.050. Water use will not reduce the
availability of water in the water impact areas identified in the water
study considering existing uses and potential development
previously approved in the affected area. Water sources identified
in the water plan shall not include any perched water table. Water
shall only be taken from the regional aquifer. Where a perched
water table is pierced to access the regional aquifer, the well must
be sealed off from the perched water table.
FINDING: This proposal does not materially affect the previous determination of compliance
with this criterion. Water service is provided by the City of Bend. The City of Bend did not
identify any adverse impacts to water resources or the provision of water to the resort.
L. Unless a sewer service agreement exists, the waste water disposal
plan includes beneficial use to the maximum extent practicable.
Approval of the CMP shall be conditioned on applicant's making
application to DEQ for a Water Pollution Control Facility (WPCF)
permit consistent with such an approved waste water disposal plan.
Approval shall also be conditioned upon applicant's compliance
with applicable Oregon Administrative Rules regarding beneficial
use of waste water, as determined by DEQ. Applicant shall receive
approval of a WPCF permit consistent with this provision prior to
applying for approval for its final master plan under DCC 19.106.
FINDING: This proposal does not materially affect the previous determination of compliance
with this criterion. Sewer service is provided by the City of Bend. The City of did not identify
any adverse impacts to the provision of sewer service to the resort.
M. The resort will mitigate any demands it creates on publicly owned
recreational facilities on public lands in the surrounding area.
FINDING: This proposal does not materially affect the previous determination of compliance
with this criterion.
N. Site improvements will be located and designed to avoid or
minimize adverse effects of the resort on the surrounding land uses.
Measures to accomplish this may include establishment and
maintenance of buffers between the resort and adjacent land uses,
including natural vegetation and appropriate fences, berms,
landscaped areas and similar types of buffers, and setback of
structures and other developments from adjacent land uses.
FINDING: The subject tract is buffered from surrounding residential development to the north,
east and south of Tetherow by open space lands (to the east and north) and a combination of
open space lands, public roads, and differences in elevation (with respect to lands to the south).
Accordingly, the proposal will have no significant impacts on such properties.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1 fTP-14-1023 Page 15
O. The resort will be served by an on-site sewage system approved by
DEQ and a water system approved by the Oregon State Health
Division, or by municipal sewer and water as allowed by the Bend
Urban Area General Plan.
FINDING: Water and sewer utilities are provided to the resort by the City of Bend. The City of
Bend did not identify any adverse impacts to the provision of sewer or water service to the
resort.
P. The destination resort will not alter the character of the surrounding
area in a manner that substantially limits, impairs or prevents
permitted or conditional uses of surrounding properties.
FINDING: Staff finds that this proposal will result in no new off-site impacts, as discussed in
sub-section (N). above.
Q. The commercial uses developed as part of the resort will be
contained within the project and not oriented to public highways
adjacent to the property. The commercial uses permitted in the
destination resort will be limited in type and levels of use necessary
to meet the needs of resort visitors. A commercial use is necessary
to serve the needs of visitors if:
1. Its primary purpose is to provide goods or services that are
typically provided to overnight or other short-term visitors to
resorts, or the use is necessary for operation, maintenance or
promotion of the destination resort; and
2. The use is oriented to the resort and is located away from or
screened from highways or other major through roadways.
FINDING: This proposal does not change any of the commercial development allowed by prior
approvals. This approval criterion has no application to residential proposals in Tetherow and
accordingly, the prior approvals under this criterion remain unaffected by the subject proposal.
R. A plan exists to ensure a transfer of common areas, facilities such
as sewer, water, streets and responsibility for police and fire
protection to owners' associations or similar groups if
contemplated. If such transfer is not contemplated, the owner or
responsible party shall be clearly designated. Adequate open
space, facility maintenance and police and fire protection shall be
ensured in perpetuity in a manner acceptable to the County.
FINDING: The use of the CC&Rs, as contemplated in the CMP and FMP for transfer of such
areas to a homeowner's association, WOUld, where applicable, not change under this proposal.
S. Temporary structures will not be allowed unless approved as part of
the CMP. Temporary structures will not be allowed for more than 18
months and will be subject to all use and site plan standards of DCC
Title 19.
FINDING: No temporary structures are included in this proposal.
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T. The open space management plan is sufficient to protect in
perpetuity identified open space values.
FINDING: The uses that are the subject of this proposal occur only in areas designated for
development; and accordingly do not impact designated open space.
U. A mechanism to ensure that individually-owned units counting
toward the overnight lodging total remain available for rent for at
least 45 weeks per calendar year through a central reservation and
check-in service. Such a mechanism shall include all of the
following:
1. Designation on the plat of which individually owned units are
to be considered to be overnight lodging as used in DCC
19.106;
2. Deed restrictions limiting use of such identified premises to
overnight lodging purposes under DCC 19.106 for at least 45
weeks each year;
3. Inclusion in the CC&R's of an irrevocable provision
enforceable by the County limiting use of such identified
units to overnight lodging purposes under DCC 19.106 for at
least 45 weeks each year;
4. Inclusion of language in any rental contract between the
owner of the unit and any central reservation and check-in
service requiring that such units be made available as
overnight lodging facilities under DCC 19.106 for at least 45
weeks each year; and
5. A requirement that each such unit be registered and a report
be filed on each such unit yearly by the owner or central
booking agent on January 1 with the Planning Division as to
the following information:
a. Who the owner or owners have been over the last year;
b. How many nights out of the year the unit was available
for rent through the central reservation and check-in
service; and
c. How many nights out of the year the unit was rented
out as an overnight lodging facility under DCC 19.106.
FINDING: This criterion has been incorporated as a condition of approval of the final master
plan and, as such, any individually-owned units counting toward the overnight lodging on the
subject property will be required to demonstrate compliance with this requirement as part of a
land use approval. No individually-owned units counting toward the overnight lodging total are
included in this proposal.
2. Section 19.106.110. Provision of Streets. Utilities. Developed Recreational Facilities
and Visitor-Oriented Accommodations.
A. The Planning Director or Hearings Body shall find that all streets,
utilities, developed recreational facilities and visitor-oriented
accommodations required by the FNIP are physically provided or are
guaranteed through surety bonding or substantial financial
assurances approved by the County prior to closure of sale of
individual lots or units.
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FINDING: Tetherow Resort has developed or financially assured streets, utilities, developed
recreational facilities and visitor-oriented accommodations required by the FMP. This proposal
does not impact these developments or financial assurances.
B. Financial assurance or bonding to assure completion of streets and
utilities, developed recreational facilities and visitor-oriented
accommodations in the FMP shall be required pursuant to the
security requirements for site plan review and subdivision review
established by the Deschutes County Code.
FINDING: No financial assurance or bonding is proposed for this subdivision. The proposed
CMP/FMP modification to allow detached residential development on Development Tract AC
and change the maximum number of townhomes and single family units at the resort does not
adversely impact existing financial assurances described in this criterion.
A. Conformance with the approved Final Master Plan (M-05-2).
FINDING: This proposed CMP/FMP modification allows detached residential development on
Development Tract AC. As such, the proposed subdivision is located in an area approved for
such development in the Final Master Plan. The findings for each applicable Final Master Plan
condition of approval are as follows:
2. 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 19 of the County Code, the Bend
Urban Growth Boundary Ordinance.
FINDING: The applicant requests Tentative Plat approval to create 29 residential lots, common
area tracts, and private roads. This condition would be met, as this decision addresses Title 17
of the County Code, the County Subdivision/Partition Ordinance.
3. As specified by the County Road Department in the FMP Decision (M-05-2):
a. Road improvement plans shall be approved by the Road Department
prior to construction.
b. Lots within the resort shall not have direct access from Skyline
Ranch Road or Metolius Drive.
e. The internal road system shall be improved to standards consistent
with the approved Vehicle and Pedestrian Access Plan for private
roads.
FINDING: The proposed internal private roads are in conformance with the requirements for,
and are consistent with; the approved Vehicle and Pedestrian Access Plan (VPAP) for the
resort. As a condition of approval, road improvement plans shall be approved by the Road
Department prior to construction.
4. All portions of the proposed resort must be managed and operated in an
integrated manner. Failure to comply with this standard would void resort
approval.
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FINDING: As proposed, the internal road system would provide adequate circulation within the
subdivision and adequate access to the remainder of the resort. All private roads would be
maintained by the established Tetherow Owners Association. As noted in the SewerlWater
Agreement submitted with the FMP, water and sewer infrastructure would be provided
throughout the resort. Staff finds the applicant is proceeding in a manner which would ensure
that the resort is managed and operated in an integrated manner.
5. During all phases of the development, the developer and/or its successors
in interest shall ensure that individually-owned residential units shall not
exceed two and one half such units for each unit of visitor-oriented
overnight lodging. 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 service(s).
FINDING: The required ratio of 2.5:1 individually owned residential units to visitor oriented
lodging, and the availability of the visitor oriented lodging for 45 weeks is ensured through CMP,
FMP and TP conditions of approval. Continued compliance with these requirements is
discussed in detail, under findings for DCC 19.106.060(D)(2) and is incorporated herein by
reference.
10. All single-family dwellings, multi-family units, commercial structures, and
other resort facilities are exempted from the requirements of meeting the
solar setback standards.
FINDING: This exemption from the solar setback standards will apply to the proposed single
family dwellings in this subdivision.
12. All development within the proposed resort shall meet all fire protection
requirements of the Bend Fire Department.
FINDING: The Bend Fire Department provided a comment letter dated April 23. 2014. Staff
has added a condition of approval requiring the applicant to document that the proposed
subdivision meets all fire protection requirements of the Bend Fire Department prior to final plat
approval.
13. No development shall be allowed on slopes of 25% or more on the site.
FINDING: As shown on the submitted plans, no development is proposed on slopes of more
than 25%.
15. Proposed drywells shall be approved by the Department of Environmental
Quality (DEQ).
FINDING: No drywells are proposed as part of this development.
16. Building heights and setbacks shall conform to the limits set forth in this
decision and shall be incorporated into the Design Guidelines for the
resort.
FINDING: Applicable building setbacks and building height allowances, are addressed in the
approved Tetherow Resort Dimensional Standards (Exhibit E) and the "Height Restrictions Area
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1/TP-14-1023 Page 19
Map, (Exhibit A-6), both of the approved FMP (M-05-2). Relative to Exhibit E, this proposal falls
under the Single Family Residential Category of the Dimensional Standards, with the following
Requirements:
A. Height Regulations
1. Maximum building height of 30 feet within Height Restriction Area
No. 3 of Exhibit E.
2. Maximum building height of 35 feet within all other areas of the
subject Tract.
B. Lot (and Setback) Requirement
1. Minimum Lot area of 4000 square feet.
2. Minimum average lot width of 40 feet at building site, except that a
comer lot shall be a minimum of 45 feet.
3. Minimum lot width at street (lot frontage) of 20 feet.
4. Front yard minimum of 10 feet.
5. Side yard minimum of 5 feet.
6. Rear yard minimum of 20 feet, where not abutting common area,
rear yard minimum of 0 feet where abutting common area that is 50
feet or greater in depth.
7. Lot Coverage. Maximum lot coverage of buildings and structures
shall be 45% of the lot area.
The submitted Tentative Plan demonstrates compliance with the minimum lot area, average lot
width, and lot width (frontage) requirements. The other criteria cannot be evaluated at Tentative
Plan, and will be reviewed and addressed for compliance at the Building Permit application for
buildings on each lot. Staff finds that the proposed lots are configured as to allow development
of single family residences on the proposed lots that can comply with these setbacks.
TITLE 17 OF THE DESCHUTES COUNTY CODE, SUBDIVISIONS:
A. Chapter 17.16, Approval of Subdivision Tentative Plans
1. Section 17.16.080. Tentative Plan as a Master Plan.
A. As an alternative to the filing of a master plan for phased
development, the applicant may file a tentative plan for the entire
development. The plan must comply with the provisions of DCe
Title 17 for tentative plans.
B. If the applicant proposed to phase development, he shall provide
sufficient information regarding the overall development plan and
phasing sequence when submitting the tentative plan.
e. If the tentative plan is approved with phasing, the final plat for each
phase shall be filed in accordance with Dee 17.24.020 through
17.24.110.
FINDING: The Applicant has provided a Tentative Plan for the entire development of
Development Tract AC, into 29 residential lots, common area tracts, and private roads in one
final plat phase.
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2. Section 17.16.100. Required findings for approval.
A tentative plan for a proposed subdivision shall not be approved unless
the Planning Director or Hearings Body finds that the subdivision as
proposed or modified would meet the requirements of this title and Titles
18 through 21 of this code and is in compliance with the comprehensive
plan. Such findings shall include, but not be limited to, the following:
A. The subdivision contributes to the orderly development and land
use patterns in the area, and provides for the preservation of natural
features and resources such as streams, lakes, natural vegetation,
special terrain features, agricultural and forest lands and other
natural resources.
FINDING: Compliance with Titles 17 and 19 of the Deschutes County Code is addressed in
findings in this decision. The requirements of the Comprehensive Plan are codified within the
Zoning Ordinance. Because no change to the Comprehensive Plan is sought by this
application, conformance with Chapters 17 and 19 establishes conformance with the
Comprehensive Plan. In addition, the proposed subdivision is in conformance with the CMP
and FMP approvals for the Tetherow Destination Resort, as discussed in foregoing findings.
Previous CMP, FMP, SP, and TP approvals for the Tetherow Destination Resort demonstrated
general compliance with the criteria for orderly development and land use patterns of the area.
The resort has been designed and approved in accordance with County criteria for destination
resorts. The provision of access, water, sewer and utilities was analyzed and addressed
through the CMP and FMP approval process to ensure they would be provided in an orderly
fashion to accommodate the uses within the resort. These approvals also ensure public
pedestrian, vehicle, and bicycle access through the resort.
The Hearings Officer decision in A-05-10 (appeal of the FMP) noted that there were few natural
features on-site, and that the approved CMP and conditions would be sufficient to protect those
natural features or minimize impacts to them. The previous CMP, FMP, SP, and TP approvals,
together with the proposed application, would ensure that over 50 percent of the site would
remain as open space, with recreational trails and amenities to serve the resort residents.
The proposed subdivision would create 29 residential lots. The subdivision would contribute to
orderly development by providing open space and common area, efficient drainage, utility
facilities, and convenient access to the planned core resort facilities such as the hotel,
clubhouse, and golf course to the west. Staff finds this criterion would be met.
B. The subdivision would not create excessive demand on public
facilities, services and utilities required to serve the development.
FINDING: The impacts from the proposed residential uses were contemplated and analyzed at
the time of the CMP and FMP approvals. At that time, the applicant's predecessor negotiated
with the City of Bend and Deschutes County to mitigate the potential impacts the development
would have to City sewer and water, and City and County street systems serving the
development. Public facilities for the resort would be sized accordingly, allowing the proposed
subdivision to be developed without excessive demand on existing or future service capacities.
The plans submitted in the CMP and FMP approval process depict the locations of all sewer
(Exhibit A-9. FMP). water (Exhibit A-8, FMP), storm drainage (CMP Erosion Control Plan). and
power infrastructure (Exhibit A-7, FMP). Additionally, the project would be served by City of
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1!TP-14-1023 Page 21
Bend water and sewer pursuant to the Water/Sewer Agreement between the applicant's
predecessor and the City of Bend.
The Westside Consortium Development Agreement (County Ordinance No. 2000-034 and City
Ordinance No. NS-1757, incorporated by reference herein) between the applicant's
predecessor, the City, and the County ensure that the transportation system is adequate to
handle impacts from the resort development and that the resort adequately mitigates its impacts
to the transportation system.
The supplied traffic study, combined with comments by the Deschutes County Road
Department, Deschutes County Transportation Planner, and "no comment" by the City of Bend
confirm that the project will not adversely impact roads or utility systems. Staff finds this
criterion would be met.
C. The tentative plan for the proposed subdivision meets the
requirements of Oregon Revised Statutes Section 92.090.
FINDING: The requirements of ORS 92.090 have been codified into the County Code in Title
17. Thus, conformance with Title 17 would establish compliance with ORS 92.090.
D. For subdivision or portions thereof proposed within a Surface
Mining Impact Area ...
FINDING: The subject property is not within a surface mining impact area. This criterion is not
applicable.
E. The subdivision name has been approved by the County Surveyor
FINDING: A condition of approval has been added to ensure subdivision name approval by the
County Surveyor.
2. Section 17.16.105. Access to Subdivisions.
No proposed subdivision shall be approved unless it would be accessed by
roads constructed to County standards and by roads accepted for
maintenance responsibility by a unit of local or state government. This
standard is met if the subdivision would have direct access to an improved
collector or arterial, or in cases where the subdivision has no direct access
to such a collector or arterial, by demonstrating that the road accessing the
subdivision from a collector or arterial meets relevant County standards and
has been accepted for maintenance purposes.
FINDING: The applicant proposes access to the subdivision via Skyline Ranch Road, a county
collector road, Meeks Trail, a private road within the resort, and private internal subdivision roads.
Meeks Trail has already been constructed. The construction of the private internal subdivision
roads would be required to meet the standards detailed in the Vehicle and Pedestrian Access
Plan approved by the Road Department with the CMP and FMP. These private roads would be
maintained by the applicant/owner or Homeowners Association. Staff believes the intent of this
criterion would be met.
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3. Section 17.16.115. Traffic Impact Studies.
A. For purposes of DCC 17.16.115, the transportation system includes
public and private roads, intersections, sidewalks, bike facilities,
trails, and transit systems.
B. The applicant shall meet with County staff in a pre-application
conference to discuss study requirements, then generate the traffic
study and submit it concurrently with the land use application.
FINDING: The supplied traffic study, combined with comments by the Deschutes County Road
Department, Deschutes County Transportation Planner, and "no comment" by the City of Bend
confirm that the project will not adversely impact roads or utility systems.
B. Chapter 17.36, Design Standards.
1. Section 17.36.020. Streets.
A. The location, width and grade of streets shall be considered in their
relation to existing and planned streets, topographical conditions,
public convenience and safety...
FINDING: Proposed street design including the locations, width, and grades for all streets
within the proposed subdivision are shown on the submitted Tentative Plan, and Preliminary
Grading and Drainage Plan. All proposed streets are private roads. The subdivision is accessed
via Meeks Trail, an existing Tetherow resort private road. The proposed street widths and cross
sections are in accordance with the approved Tetherow Resort Vehicle and Pedestrian Access
Plan (VPAP) (Exhibit V of the resort CMP) which governs the road designs. Proposed paved
road widths are 28 feet as shown on the submitted plans, to accommodate on-street parking on
one side.
Approximate street grades based on preliminary design are indicated on the submitted
Preliminary Grading and Drainage Plan. Generally mild street grades less than 5% are
anticipated.
2. Section 17.36.030. Division of Land.
Any proposal for a condominium conversion which results in a division of
real property shall comply with the provisions of DCC Title 17 and ORS 92.
FINDING: No proposal for a condominium conversion is included in this application.
B. Streets in subdivisions shall be dedicated to the public, unless
located in a destination resort, planned community or planned or
cluster development, where roads can be privately owned. Planned
developments shall include public streets where necessary to
accommodate present and future through traffic.
FINDING: As allowed by this criterion, all roads constructed within a destination resort can be
privately owned. All internal subdivision roads would be private. This criterion would be met.
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2. Section 17.36.040. Existing Streets.
Whenever existing streets, adjacent to or within a tract, are of inadequate
width to accommodate the increase in traffic expected from the subdivision
or partition or by the County roadway network plan, additional rights of
way shall be provided at the time of the land division by the applicant.
During consideration of the tentative plan for the subdivision or partition,
the Planning Director or Hearings Body, together with the Road Department
Director, shall determine whether improvements to existing streets
adjacent to or within the tract, are required. If so determined, such
improvements shall be required as a condition of approval for the tentative
plan. Improvements to adjacent streets shall be required where traffic on
such streets will be directly affected by the proposed subdivision or
partition.
FINDING: The applicant proposes access to the subdivision via Skyline Ranch Road, a county
collector road, Meeks Trail, a private road within the resort, and private internal subdivision roads.
Meeks Trail has already been constructed. The construction of the private internal subdivision
roads would be required to meet the standards detailed in the Vehicle and Pedestrian Access Plan
approved by the Road Department with the CMP and FMP. These private roads would be
maintained by the applicant/owner or Homeowners Association. The County Road Department
did not identify the need for improvements to existing streets, and Staff finds that none is required.
4. Section 17.36.050. Continuation of Streets.
Subdivision or partition streets which constitute the continuation of streets
in contiguous territory shall be aligned so that their centerlines coincide.
FINDING: No subdivision streets which constitute the continuation of streets in contiguous
territory are included in this proposal.
5. Section 17.36.060. Minimum Right of Way and Roadway Width.
The street right of way and roadway surfacing widths shall be in
conformance with standards and specifications set forth in DCC 17.48.
Where DCC refers to street standards found in a zoning ordinance, the
standards in the zoning ordinance shall prevail.
FINDING: Deschutes County Road Department requested and Staff has included the following
conditions of approval, which will ensure compliance with this criterion:
1. Road design and construction shall be in accordance with the approved Resort
Vehicle and Pedestrian Access Plan, Exhibit V of the resort CMP and DCC
#17.48.180, "Private Roads" and Table "N, DCC, private roads.
2. Construction plans for all required road improvements shall be approved by the
County Road Department prior to commencement of any construction in
accordance with DCC 17.48.060.
3. Roads and bike paths shall be surveyed and staked in accordance with DCC
17.48.200
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4. The applicant shall construct all improvements under the inspection and approval
of the Deschutes County Road Department Director. The Director may accept
certification of improvements by a professional engineer consistent with ORS
92.097
5. All easements of record or existing right-of-ways shall be shown on the final plat.
6. Section 17.36.070. Future Resubdivision.
Where a tract of land is divided into lots or parcels of an acre or more, the
Hearings Body may require an arrangement of lots or parcels and streets
such as to permit future re-subdivision in conformity to the street
requirements and other requirements contained in Dee Title 17.
FINDING: All proposed lots are less than an acre. This criterion does not apply.
7. Section 17.36.080. Future extension of streets.
When necessary to give access to or permit a satisfactory future division of
adjoining land, streets shall be extended to the boundary of the subdivision
or partition.
FINDING: The southerly and easterly boundaries of the subject land abut existing Meeks Trail
private road. "Golf Townhomes at Tetherow" abuts the northerly boundary of the subject land.
and is platted without any road connections to the Tract 'AC' boundary. The proposed Tentative
Plan extends private roads to, and along, the west boundary of the subject Tract, to
accommodate future development of abutting Development Tract 'AS North', and any desired
local private road extensions. At present. there is no specific development plan for
Development Tract 'AS North'. Staff finds this criterion is met.
8. Section 17.36.100. Frontage Roads.
If a land division abuts or contains an existing or proposed collector or
arterial street, the Planning Director or Hearings Body may require frontage
roads, reverse frontage lots or parcels with suitable depth, screen planting
contained in a non-access reservation along the rear or side property line, or
other treatment necessary for adequate protection of residential properties
and to afford separation of through and local traffic. All frontage roads shall
comply with the applicable standards of Table A of Dee Title 17, unless
specifications included in a particular zone provide other standards
applicable to frontage roads.
FINDING: The proposed subdivision does not abut or contain an existing or proposed collector
or arterial street,
9. Section 17.36.110. Streets adjacent to railroads. freeways and parkways.
When the area to be divided adjoins or contains a railroad, freeway or
parkway, provision may be required for a street approximately parallel to
and on each side of suche right of way at a distance suitable for use of the
land between the street and railroad, freeway or parkway. In the case of a
railroad, there shall be a land strip of not less than 25 feet in width adjacent
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I
and along the railroad right of way and residential property. If the
intervening property between such parallel streets and a freeway or a
parkway is less than 80 feet in width, such intervening property shall be
dedicated to park or thoroughfare use. The intersections of such parallel
streets, where they intersect with streets that cross a railroad, shall be
determined with due consideration at cross streets of a minimum distance
required for approach grades to a future grade separation and right-of-way
widths of the cross street.
FINDING: The subject property is not adjacent to a railroad, freeway, or parkway. This criterion
is not applicable to the proposed subdivision.
10. Section 17.36.120. Street names.
Except for extensions of existing streets, no street name shall be used which
will duplicate or be confused with the name of an existing street in a nearby
city or in the County. Street names and numbers shall conform to the
established pattern in the County and shall require approval from the County
Property Address Coordinator.
FINDING: A condition of approval has been added to ensure compliance.
11. Section 17.36.130. Sidewalks.
A. Within an urban growth boundary, sidewalks shall be installed on
both sides of a public road or street and in any special pedestrian
way within the subdivision or partition, and along any collectors and
arterials improved in accordance with the subdivision or partition.
B. Within an urban area, sidewalks shall be required along frontage
roads only on the side of the frontage road abutting the
development.
C. Sidewalk requirements for areas outside of urban area are set forth
in section 17.48.175. In the absence of a special requirement set
forth by the Road Department Director under DCC 17.48.030,
sidewalks and curbs are never required in rural areas outside
unincorporated communities as that term is defined in Title 18.
FINDING: These criteria are not applicable to the proposed development because the subject
property is located outside of an acknowledged Urban Growth Boundary. Sidewalk
improvements are proposed in accordance with the design and construction standards in the
approved Resort Vehicle and Pedestrian Access Plan.
12. Section 17.36.140. Bicycle, pedestrian and transit requirements.
A. Pedestrian and Bicycle Circulation within Subdivision.
1. The tentative plan for a proposed subdivision shall provide
for bicycle and pedestrian routes, facilities and improvements
within the subdivision and to nearby existing or planned
neighborhood activity centers, such as schools, shopping
areas and parks in a manner that will:
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a. Minimize such interference from automobile traffic that
would discourage pedestrian or cycle travel for short
trips;
b. Provide a direct route of travel between destinations
within the subdivision and existing or planned
neighborhood activity centers, and
c. Otherwise meet the needs of cyclists and pedestrians,
considering the destination and length of trip.
FINDING: Connectivity to nearby areas outside of the Tetherow Destination resort was
addressed in the FMP approval (M-05-2), and the approved Master Trails Plan (Exhibit A-2) in
that Decision depicts any required bicycle and pedestrian routes. A 10' wide multi-use paved
path has been constructed along the easterly side of Meeks Trail, in accordance with that
Master Trails Plan, and serves as the primary connectivity link for the subject property to
surrounding areas.
Pedestrian and bicycle facilities within the subdivision are governed by the resort Vehicle and
Pedestrian Access Plan (Exhibit V, CMP CU-04-94). As shown on the submitted plans, the
applicant proposes a walkway/pedestrian route along one side of each of the internal private
roads for pedestrian routes within the subdivision and connecting to Meeks Trail. The private
roadways themselves provide adequate facility for bicycle routes within the subdivision, similar
to local public roads.
2. Subdivision Layout.
a. Cul-de-sacs or dead-end streets shall be allowed only
where, due to topographical or environmental
constraints, the size and shape of the parcel, or a lack
of through-street connections in the area, a street
connection is determined by the Planning Director or
Hearings Body to be infeasible or inappropriate. In
such instances, where applicable and feasible, there
shall be a bicycle and pedestrian connection
connecting the ends of cul-de-sacs to streets or
neighborhood activity centers on the opposite side of
the block.
FINDING: The Resort Vehicle and Pedestrian Access Plan governs private street layouts and
parameters within the resort, and does not prohibit the use of cul-de-sacs or dead-end streets.
Nonetheless the proposed subdivision does not include any cul-de-sacs. The Tentative Plan
includes a short "dead-end" at the east end of Wagon Tire Mountain Road, as extension of that
roadway to connect to Meeks Trail is impractical due to topographic differential of approximately
15 feet between the planned and existing roadways. and is unnecessary for reasonable access
and circulation.
b. Bicycle and pedestrian connections between streets
shall be provided at mid block where the addition of a
connection would reduce the walking or cycling
distance to an existing or planned neighborhood
activity center by 400 feet and by at least 50 percent
over other available routes.
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FINDING: This criterion requires a bicycle and pedestrian connection between streets if the
connection would reduce travel distance by 400 feet and by 50 percent over other routes. No
such connections, would reduce cycling and walking distance to the golf course, clubhouse, and
recreation center by over 400 feet or reduce the route by at least 50 percent. For this reason,
staff finds that no bicycle or pedestrian connection between streets would be required.
c. Local roads shall align and connect with themselves
across collectors and arterials. Connections to
existing or planned streets and undeveloped
properties shall be provided at no greater than 400
foot intervals.
d. Connections shall not be more than 400 feet long and
shall be as straight as possible.
FINDING: In the decision for TP-06-973 (page 24), the Hearings Officer found that criterion 'c'
and 'd' did not apply to Tetherow Resort subdivisions. Similarly, staff finds that these criteria do
not apply here.
3. Facilities and Improvements.
a. Bikeways may be provided by either a separate paved
path or an on-street bike lane, consistent with the
requirements of DCC Title 17.
FINDING: All of the proposed roads within the subdivision are private "local" roads, with very
low antiCipated traffic volumes, due to the project location within the resort. Separate bikeways
or bike lanes are not warranted, nor required for local, private roads.
b. Pedestrian access may be provided by sidewalks or a
separate paved path, consistent with the requirements
of DCC Title 17.
FINDING: The Resort Vehicle and Pedestrian Access Plan governs sidewalks within the resort.
As shown on the submitted Tentative Plan, sidewalks are proposed along the internal roads.
5. Section 17.36.150. Blocks.
A. General. The length, width and shape of blocks shall accommodate
the need for adequate building site size, street width and direct
travel routes for pedestrians and cyclists through the subdivision
and to nearby neighborhood activity centers, and shall be
compatible with the limitations of the topography.
B. Size. Within an urban growth boundary, no block shall be longer
than 1,200 feet between street centerlines. In blocks over 800 feet in
length, there shall be a cross connection consistent with the
provisions of DCC 17.36.140.
FINDING: As depicted on the plans, the proposed length, width, and shape of blocks in the
subdivision would accommodate the need for adequate building site size, street width, and
direct travel routes. As noted earlier herein the resort multi-use path along abutting Meeks Trial
provides connectivity routes to nearby resort amenities. There are no nearby neighborhood
activity centers. Staff finds that criterion 'A' would be met.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1ITP-14-1 023 Page 28
The project site is not within an urban growth boundary. Criterion 'B' does not apply.
6. Section 17.36.160. Easements.
A. Utility Easements. Easements shall be provided along property
lines when necessary for the placement of overhead or underground
utilities, and to provide the subdivision or partition with electric
power, communication facilities, street lighting, sewer lines, water
lines, gas lines or drainage. Such easements shall be labeled
"Public Utility Easement" on the tentative and final plat; they shall
be at least 12 feet in width and centered on lot lines where possible,
except utility pole guyline easements along the rear of lots or
parcels adjacent to unsubdivided land may be reduced to 10 feet in
width.
B. Drainage. If a tract is traversed by a watercourse such as a
drainageway, channel or stream, there shall be provided a
stormwater easement or drainage right of way conforming
substantially with the lines of the watercourse, or in such further
width as will be adequate for the purpose. Streets or parkways
parallel to major watercourses or drainageways may be required.
FINDING: The applicant agrees to show and dedicate all required utility easements on the final
plat. A condition of approval has been added to ensure compliance with criterion 'A'.
The subject property is not traversed by a named watercourse. Criterion 'B' does not apply.
7. Section 17.36.170. Lots. size and shape.
The size, width and orientation of lots or parcels shall be appropriate for
the location of the land division and for the type of development and use
contemplated, and shall be consistent with the lot or parcel size provisions
of Titles 18 through 21 ....
FINDING: The size, width, and orientation of the lots are appropriate to the proposed
residential use. Lot size and shape criteria is governed by the Resort Dimensional Standards
(Exhibit E of the approved FMP (M-05-2)) which sets forth the following for single family home
residential lots:
Lot (and Setback) Requirements
1. Minimum Lot area of 4000 square feet.
2. Minimum average lot width of 40 feet at building site, except that a
corner lot shall be a minimum of 45 feet.
3. Minimum lot width at street (lot frontage) of 20 feet.
4. Front yard minimum of 10 feet
5. Side yard minimum of 5 feet.
6. Rear yard minimum of 20 feet, where not abutting common area,
rear yard minimum of 0 feet where abutting common area that is 50
feet or greater in depth.
7. Lot Coverage. Maximum lot coverage of buildings and structures
shall be 45% of the lot area.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1rrp-14-1 023 Page 29
The submitted Tentative Plan demonstrates compliance with the minimum lot area, average lot
width, and lot width (frontage) requirements. The other criteria cannot be evaluated at Tentative
Plan, and will be reviewed and addressed for compliance with the Building Permit application for
buildings on each lot. Staff finds that the proposed lots are configured as to allow development
of single family residences on the proposed lots that can comply with these setbacks.
8. Section 17.36.180. Frontage.
A. Each lot or parcel shall abut upon a public road, or when located in
a planned development or cluster development, a private road, for at
least 50 feet, except for lots or parcels fronting on the bulb of a cui
de sac, then the minimum frontage shall be 30 feet, and except for
partitions off of U.S. Forest Service or Bureau of Land Management
roads. In the La Pine Neighborhood Planning Area Residential
Center District, lot widths may be less than 50 feet in width, as
specified in DCC 18.61, Table 2: La Pine Neighborhood Planning
Area Zoning Standards. Road frontage standards in destination
resorts shall be subject to review in the conceptual master plan.
FINDING: The Resort Dimensional Standards (Exhibit E of the approved FMP (M-05-2)}
require minimum lot width at street (lot frontage) of 20 feet in the destination resort. All of the
proposed lots comply with this requirement.
B. All side lot lines shall be at right angles to street lines or radial to
curved streets wherever practical.
FINDING: As designed, all side lot lines would, to the maximum extent practicable, be at right
angles to street lines or radial to curved portions of the private streets. This criterion would be
met.
9. Section 17.36.190. Through lots.
Lots or parcels with double frontage should be avoided except where they
are essential to provide separation of residential development from major
street or adjacent nonresidential activities to overcome specific
disadvantages of topography and orientation. A planting screen easement
of at least 10 feet in width and across which there shall be no right of
access may be required along the lines of lots or parcels abutting such a
traffic artery or other incompatible use.
FINDING: Proposed lots 22-29 abut both Meeks Trail and proposed Sarah Chambers Road.
The applicant has indicated that Meeks Trail is a major resort street, where direct access is
discouraged in accordance with the resort master planning. Staff finds the proposed double
frontage configuration for these lots provides separation of residential development from Meeks
Trail.
Proposed lots 11-21 abut both proposed subdivision streets to the north and south. The
applicant has stated that specific home designs have been planned which are designed to
capture the valuable mountain views available to the north and west. Orientation of those
homes to capture those views is best served by the addition of Samuel Parker Road, which
yields double frontage for lots 11-21. Staff finds this proposed double frontage overcomes
specific disadvantages of topography and orientation.
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10. Section 17.36.200. Corner lots.
Within an urban growth boundary, corner lots or parcels shall be a
minimum of five feet more in width than other lots or parcels, and also shall
have sufficient extra width to meet the additional side yard requirements of
the zoning district in which they are located.
FINDING: The proposed development is not within an urban growth boundary. This provision
does not apply.
11. Section 17.36.210. Solar access performance.
FINDING: Pursuant to condition of approval #10 in the FMP decision (M-05-2), all single-family
dwellings, multi-family units, commercial structures and resort facilities are exempted from solar
setback standards.
12. Section 17.36.220. Underground facilities.
Within an urban growth boundary, all permanent utility services ...
FINDING: The proposed development is not within an urban growth boundary. Although this
provision does not apply, the applicant proposes to underground all new franchise utilities.
13. 17.36.230. Grading of building sites.
Grading of building sites shall conform to the following standards, unless
phYSical conditions demonstrate the property of other standards:
A. Cut slope ratios shall not exceed one foot vertically to one
and one half feet horizontally.
B. Fill slope ratios shall not exceed one foot vertically to two
feet horizontally.
C. The composition of soil for fill and the characteristics of lots
and parcels made usable by fill shall be suitable for the
purpose intended.
D. When filling or grading is contemplated by the subdivider, he
shall submit plans showing existing and finished grades for
the approval of the Community Development Director. In
reviewing these plans, the Community Development Director
shall consider the need for drainage and effect of filling on
adjacent property. Grading shall be finished in such a
manner as not to create steep banks or unsightly areas to
adjacent property.
FINDING: The submitted Preliminary Grading and Drainage Plan of the Tentative Plan, shows
existing and proposed grades and elevations for all of the lots, building sites, and roads. All
proposed cut and fill slopes do not exceed the specified Code ratios, and are in compliance with
this criterion. The proposed plan includes drainage facilities for the management, conveyance
and disposal of developed drainage runoff within the project site. The Plan also indicates that all
finished slopes will be landscaped to inhibit erosion and avoid unSightly areas to adjacent
properties.
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14. Section 17.36.250. Lighting.
Within an urban growth boundary, the subdivider shall provide
underground wiring to the County standards, and a base for any proposed
ornamental street lights at locations approved by the affected utility
company.
FINDING: The proposed development is not within an urban growth boundary. This provision
does not apply.
15. Section 17.36.260. Fire Hazards.
Whenever possible, a minimum of two points of access to the subdivision
or partition shall be provided to provide assured access for emergency
vehicles and ease resident evacuation.
FINDING: As proposed, one point of access from Meeks Trail would be provided for the
subdivision. Additional points of access would be provided with the future development of the
adjacent Development Tract AB. This criterion would be met.
16. Section 17.36.270. Street tree planting.
Street tree planting plans, if proposed, for a subdivision or partition, shall be
submitted to the Planning Director and receive his approval before the
planting is begun.
FINDING: No street trees are proposed. This criterion does not apply.
17. Section 17.36.280. Water and sewer lines.
Where required by the applicable zoning ordinance, water and sewer lines
shall be constructed to County and City standards and specifications.
Required water mains and service lines shall be installed prior to the
curbing and paving of new streets in all new subdivisions or partitions.
FINDING: As documented in the CMP approval decision, the applicant's predecessors have
executed a Water/Sewer Agreement with the City of Bend to provide water and sanitary sewer
service to the resort. The Preliminary Water and Sewer Plan depicts the preliminary design for
the extension of said systems to the subdivision. The applicant indicates that they will work with
the City of Bend on final design in accordance with the Agreement.
A condition of approval has been added requiring the applicant to extend water and sewer lines
to the boundary of each lot prior to Final Plat Approval. Water and sewer lines shall be installed
pursuant to City specifications.
18. Section 17.36.300. Public water system.
In any subdivision or partition where a public water system is required or
proposed, plans for the water system shall be submitted and approved by
the appropriate state or federal agency. A community water system shall be
required where lot or parcel sizes are less than one acre or where potable
water sources are at depths greater than 500 feet, excepting land partitions.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1 rrp-14-1 023 Page 32
Except as provided for in sections 17.24.120 and 17.24.130, a required
water system shall be constructed and operational, with lines extended to
the lot line of each and every lot depicted in the proposed subdivision or
partition plat, prior to final approval.
FINDING: As documented in the CMP approval decision, the applicant's predecessors have
executed a Water/Sewer Agreement with the City of Bend to provide water and sanitary sewer
service to the resort. The Preliminary Water and Sewer Plan depicts the preliminary design for
the extension of said systems to the subdivision. The applicant indicates that they will work with
the City of Bend on final design in accordance with the Agreement.
A condition of approval has been added requiring the applicant to extend water sewer lines to
the boundary of each lot prior to Final Plat Approval. Water and sewer lines shall be installed
pursuant to City specifications.
C. Chapter 17.44, Park Development
FINDING: As part of the planning for the destination resort, the applicant's predecessors in
interest entered into a Memorandum of Understanding (MOU) with Bend Metro Park and
Recreation District (BMPRD) to effect a land exchange resulting in a conveyance of the 14-acre
parcel currently owned by BMPRD adjacent to the eastern boundary of the resort for use as
park and natural open space. The applicant's predecessors also donated $75,000 to BMPRD to
defray the costs of constructing and installing park improvements. The park will include a 5
acre improved park area and a 9-acre natural open space area with a trail system and trail head
parking. Pursuant to the MOU, the applicant's predecessor also donated $60,000 towards the
purchase of additional land for the development of an additional neighborhood park within the
First on the Hill subdivision. In addition to the above, the applicant has received approval for a
community park under SP-09-12.
The requirements of this chapter have been met.
D. Chapter 17.48, Design and Construction Specifications
1. Section 17.48.160. Road Development Requirements -Standards.
A. Subdivision Standards. All roads in new subdivisions shall either be
constructed to a standard acceptable for inclusion in the county
maintained system or the subdivision shall be part of a special road
district or a homeowners association in a planned unit development
FINDING: All of the proposed roads in this Tentative Plan are private. Minimum right of way
width for private roads is governed by the Resort Vehicle and Pedestrian Access Plan (Exhibit
V, CMP), which allows right of way widths to be between 20 and 60 feet. As indicated on the
submitted Tentative Plan, proposed private road right of way widths are at least 35 feet, in
compliance with the Resort Vehicle and Pedestrian Access Plan.
2. Section 17.48.180. Private Roads.
The following minimum road standards shall apply for private roads:
A. The minimum paved roadway width shall be twenty-four feet in
planned unit developments and cluster developments containing
twenty or more residential units when separate paved
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bicycle/pedestrian ways are provided in such developments, the
minimum paved roadway width shall be twenty-eight feet, including
four-foot wide bike lanes, and two-foot wide gravel shoulders;
FINDING: All of the proposed roads in this Tentative Plan are private. Minimum right of way
width for private roads is governed by the Resort Vehicle and Pedestrian Access Plan (Exhibit
V, CMP), which allows right of way widths to be between 20 and 60 feet. As indicated on the
submitted Tentative Plan, proposed private road right of way widths are at least 35 feet, in
compliance with the Resort Vehicle and Pedestrian Access Plan.
B. Minimum Radius of curvature, fifty feet;
C. Maximum grade, 12 percent;
FINDING: As indicated in the submitted plans, all proposed private roads would meet these
criteria.
D. At least one road name sign would be provided at each intersection
for each road.
FINDING: The applicant agrees to provide signage as required by this criterion. A condition of
approval has been added to ensure compliance.
E. A method for continuing road maintenance acceptable to the
County;
FINDING: The Tetherow Owners Association has been created, which will provide private road
maintenance within the resort. An additional sub-Association may be created at the applicant's
discretion for private road maintenance within this particular Tentative Plan.
F. Private road systems shall include provisions for bicycle and
pedestrian traffic. Shoulder bike lanes shall be a minimum of 4 feet
wide, paved and striped, with no on-street parking allowed within the
bikeway. When private roads are developed to a width of less than
28 feet, bike paths constructed to County standards shall be
required.
FINDING: The project would comply with the approved Vehicle and Pedestrian Access Plan,
and the approved Master Trails Plan. Those documents include a resort wide multi-use trail
system along the major roadways, and soft surface trails through select open space areas.
This criterion would be met.
3. Section 17.48.190. Drainage.
A. Minimum Requirements.
1. Drainage facilities shall be designed and constructed to
receive and/or transport at least a design storm as defined in
the current Central Oregon Stormwater Manual created by
Central Oregon Intergovernmental Council and all surface
drainage water coming to and/or passing through the
development or roadway.
FINDING: The application proposes drainage swales and drainage infiltration basins to address
storm water. The applicant has indicated that drainage facilities will be designed and
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1fTP-14-1023 Page 34
constructed in accordance with Section 2.2.4 "Design Criteria" of the COSM, dated August
2010.
2. The system shall be designed for maximum allowable
development.
FINDING: The drainage system is designed for full build out of the subdivision at the proposed
density.
B. Curbed Sections.
1. Storm drains within curbed streets shall be designed per the
requirements of the current Central Oregon Stormwater
Manual created by the Central Oregon Intergovernmental
Council.
FINDING: The application proposes curbed private streets. Storm drains within curbed streets
shall be designed in accordance with Section 2.2.5, "Storm Drain Systems and Inlets"of the
COSM, dated August 2010.
2. Catchbasins shall be constructed in accordance with drawing
Nos. 3-1, 3-2 and 3-3. (See drawings 3-1,3-2 and 3-3 set out at
the end of DCC Title 17 and by this reference incorporated
herein.) Chapter 17.48 8 (1012011).
FINDING: As a condition of approval, catchbasins shall be constructed in accordance with
drawing Nos. 3-1, 3-2 and 3-3. (See drawings 3-1,3-2 and 3-3 set out at the end of DCC Title
17 and by this reference incorporated herein.) Chapter 17.48 8 (10/2011).
C. Noncurbed Sections.
1. Road culverts shall be concrete or metal with a minimum
design life of 50 years.
2. All cross culverts shall be 18 inches in diameter or larger.
3. Culverts shall be placed in natural drainage areas and shall
provide positive drainage.
FINDING: No noncurbed sections are proposed.
D. Drainage Swales. The Design Engineer is responsible to design a
drainage swale adequate to control a design storm as defined in the
Central Oregon Stormwater Manual created by Central Oregon
Intergovernmental Council.
FINDING: The application proposes drainage swales and drainage infiltration basins to address
stormwater. The applicant has indicated that drainage facilities will be designed and constructed
in accordance with Section 2.2.4 "Design Criteria" of the COSM, dated August 2010.
E. Drainage Plans. A complete set of drainage plans including
hydraulic and hydrologic calculations shall be incorporated in all
road improvement plans.
FINDING: As a condition of approval, a complete set of drainage plans including hydraulic and
hydrologic calculations shall be incorporated in all road improvement plans.
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F. Drill Holes. Drill holes are prohibited.
FINDING: No drill holes are proposed.
G. Injection wells (drywells) are prohibited in the public right-of-way.
FINDING: There is no adjacent public right-of-way.
TITLE 19 OF THE DESCHUTES COUNTY CODE, URBAN AREA RESERVE.
I A. Chapter 19.12, Urban Area Reserve Zone -UAR10
1. Section 19.12.030. Conditional Uses.
O. Destination resort, where mapped in the Bend Area General Plan
destination resort map, subject to DCC 19.106.
FINDING: The proposed subdivision is part of the Tetherow Destination Resort which received
Conceptual Master Plan approval (CU-04-94) and Final Master Plan approval (M-05-2). The
subject property is mapped as destination resort on the Bend Area General Plan destination
resort map. This criterion would be met.
V. CONCLUSION:
Based on the foregoing Basic and Conclusionary Findings. Staff concludes that the
proposed project can meet all applicable criteria for approval. Other permits may be required.
The applicant is responsible for obtaining any necessary permits from the Deschutes
County Building Division, the Deschutes County Environmental Soils Division and the
Deschutes County Road Department, as well as any required state and federal permits.
VI. DECISION:
APPROVAL. subject to the following conditions of approval
VII. CONDITIONS OF APPROVAL:
1. This approval is based upon the information submitted by the applicant. Any substantial
change will require a new application.
2. All conditions of approval from prior land use approvals in the T etherow Destination
Resort remain in effect.
3. The resort Conceptual Master Plan (CMP). and Final Master Plan (FMP) are modified
allow single family residential development on Development Tract 'AC'. The residential
development of the resort is modified from 379 single family lots and 210 multi-family
units to 408 single family lots and 181 multi-family units.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1ITP-14-1 023 Page 36
4. The applicant shall finalize LL-14-9, prior to recording a final plat for the proposed
subdivision.
5. The applicant shall demonstrate that individually-owned residential units do not exceed
two and one-half such units for each unit of visitor-oriented overnight lodging, prior to
recording a final plat under TP-14-1023.
6. The applicant shall demonstrate subdivision name approval by the County Surveyor,
prior to recording a final plat under TP-14-1 023.
7. Except for extensions of existing streets, no street name shall be used which will
duplicate or be confused with the name of an existing street in a nearby city or in the
County. Street names and numbers shall conform to the established pattern in the
County and shall require approval from the County Property Address Coordinator, prior
to recording a final plat under TP-14-1023.
8. All required utility easements shall be shown on the final plat.
9. The applicant shall extend water and sewer lines to the boundary of each lot prior to
Final Plat Approval. Water and sewer lines shall be installed pursuant to City
specifications.
10. .At least one road name sign shall be provided at each intersection for each road.
11. Catchbasins shall be constructed in accordance with drawing Nos. 3-1, 3-2 and 3-3.
(See drawings 3-1, 3-2 and 3-3 set out at the end of DCC Title 17 and by this reference
incorporated herein.) Chapter 17.48 8 (10/2011).
12. A complete set of drainage plans including hydraulic and hydrologic calculations shall be
incorporated in all road improvement plans.
13. Road deSign and construction shall be in accordance with the approved Resort Vehicle
and Pedestrian Access Plan, Exhibit V of the resort CMP and DCC #17.48.180, "Private
Roads" and Table "An, DCC, private roads.
14. Construction plans for all required road improvements shall be approved by the County
Road Department prior to commencement of any construction in accordance with DCC
17.48.060.
15. Roads and bike paths shall be surveyed and staked in accordance with DCC 17.48.200
16. The applicant shall construct all improvements under the inspection and approval of the
Deschutes County Road Department Director. The Director may accept certification of
improvements by a professional engineer consistent with ORS 92.097
17. The applicant shall document that the proposed subdivision meets all fire protection
requirements of the Bend Fire Department, prior to final plat approval.
Deschutes County Document No. 2015-118 -Exhibit C -MC-14-1 rrp-14-1 023 Page 37
VIII. DURATION OF APPROVAL:
This decision becomes final twelve (12) days after the date of mailing, unless appealed
by a party of interest.
DESCHUTES COUNTY PLANNING DIVISION
~~~:=-
wp;lJ::;nior Planner
Reviewed by: Kevin Harrison, Principal Planner
Dated this 24 day of April. 2014 Mailed this 24 day of April, 2014
I
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