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| Nov 25 2012 -- Mar 31 Crook Point Golf Resort to be Considered Again |   Looking from Crook Point toward the Mack Reef archipelago. Photo by Dave Ledig.
Curry County, after considerable delay, held a public hearing on the remand order on Wednesday, Dec. 12. The county commissioners considered revisions in the developer's proposal that would supposedly address the failings of the first version we successfully appealed. We don't consider the changes to be remotely adequate, and made extensive comments to the commissioners, urging them to defer a decision on approval until a thorough geologic hazard study has been done by a qualified, independent geologist. In follow-up comments in January, responding to claims made by the would-be developer, we noted plainly that all evidence indicates that underlying landslide structures begin far inland and upslope from the "coastal shorelands" boundary favored by the developer and the county--and that land use law mandates that such geologic instability, directly related to the interaction between ocean and shoreline (the destabilizing effects of erosion, must be included in protected coastal shorelands.
The county commissioners voted verbally to approve the resort proposal once again. They plan to accept formal comments, drawn up by none other than the would-be developer, on March 27. Assuming this goes forward, Oregon Shores will step into the fray again, and appeal on the grounds that our concerns have not been genuinely answered.
The key to this phase of the land use process will be a determination as to whether the county took the necessary steps to rectify its three major errors in granting approval to the resort project. One key error was that the county attempted to issue a tentative master plan approval before the required geological hazards report had been completed. To comply with LUBA’s findings, the county must at least conduct a formal land use process and allow the public to comment before it decides to defer the geological hazards report. Oregon Shores very firmly opposes deferring the geological hazards report, but a formal process is a useful step, forcing the county to justify the decision.
The county must also properly determine the shoreland boundary in the area of the proposed development (which, we believe, would show that the developers would be constricted in where they could build). It must demonstrate that adverse impacts on adjacent lands (notably, the adjoining wildlife refuge and public shoreline) have been avoided to the maximum extent possible. And it must show that drawing down groundwater for the golf resort won’t impact habitats or water quality.
Oregon Shores strongly suspects that a valid review of all these issues will show that the project isn’t viable, or at least must be relocated well away from the shoreline. For now, however, the goal where the remand hearing is concerned is simply to ensure that Curry County carefully follows the requirements of the land use planning laws.
LUBA found that Curry County’s decisions in approving the Crook Point Golf Resort proposal were seriously flawed. In response to our appeal of the county’s decision (initially made by the planning commission, then affirmed by the Curry County Board of Commissioners) LUBA found that the county had made errors that would have to be corrected before a decision could be made on the proposed resort. Oregon Shores was represented by attorney Courtney Johnson of the Crag Law Center, our partners in the Coastal Law Project, who also assisted with our testimony in the remand hearing.
The proposed resort would be a massive intrusion on what is at present one of the wildest and most ecologically important areas remaining on the Oregon coast. It would include an 18-hole golf course, golf practice facilities, a 9-hole junior golf course, 175 overnight guest rooms, a golf lodge with restaurant, spa lodge, recreation center, and equestrian center. The property, long held by the Crook family, contains steep slopes, landslide areas, creeks, and wetlands.
The proposed site, south of Pistol River, is adjacent to the Crook Point Unit of the Oregon Islands National Wildlife Refuge and also borders two state parks. Just offshore is the second most important seabird nesting site in Oregon, and the intertidal area bordering the property is considered the most diverse in Oregon by researchers. A major development in this remote area could affect these ecologically important public resources in many ways.
Our appeal didn’t directly address these underlying conservation concerns, but dealt with the county’s actions in the formal land use planning process. We argued that the county could not approve the development, even tentatively, without first reviewing a geologic hazard assessment of the property and proposed development as required by the county’s own ordinances. Without a full geologic hazard assessment, which would provide an analysis of the risks from the many existing landslides on the property and the suitability of the site for development, the county lacks the information needed to decide whether development could be completed safely without risk to human life and property and adverse impact to adjacent lands.
We also argued that the county erred in concluding that the proposed development was not situated on “coastal shorelands” as defined by Statewide Land Use Goal 17, which require more stringent development review. The county ignored its own map showing the coastal shorelands boundary.
Our third claim was that the county failed to follow its own code in ensuring that adverse impacts to nearby lands like the wildlife refuge be avoided first, and minimized only if avoidance is not possible. The county relied only on measures to minimize impacts and never considered measures to avoid impacts all together.
LUBA agreed, sustaining all three “assignments of error” and sending the decision back to the county. Whatever happens from this point, our successful appeal has great significance in and of itself. This was an important victory in defense of the integrity of the land use process.
Oregon Shores is committed to continuing this effort to protect one of the coast's most important habitat areas and beautiful places.
 Contact: Phillip Johnson, Executive Director, (503) 238-4450, or EMAIL
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MORE NEWS... | Nov 3 2012 -- Nov 24 2012 Curry County Delays Review of Crook Point Resort
Last year, Oregon's Land Use Board of Appeals (LUBA) agreed with Oregon Shores that Curry County's approval of a proposed resort development at Crook Point violated land use laws and the county's own comprehensive plan. LUBA found in our favor on all three points of our appeal, and "remanded" the case back to the county. After a long delay, the county announced in August that it would take the ... MORE | | Mar 21 2011 -- May 21 2011 Oregon Shores Files Appeal on Crook Point Golf Resort
Oregon Shores has filed a formal appeal with the state’s Land Use Board of Appeals (LUBA), seeking to block Curry County’s issuing of a tentative permit for the proposed golf resort at Crook Point. We had earlier notified LUBA, the county and the developers planning the resort of our intention to appeal. This week attorney Courtney Johnson submitted the actual language of the appeal on our ... MORE | | Jan 30 2011 -- Mar 5 2011 Crook Point Resort Proposal Heads to Appeals Panel
Oregon Shores has taken its concerns over the golf resort development proposed for the Crook Point area south of Pistol River to the state’s Land Use Board of Appeals (LUBA). The Curry County Board of Commissioners approved a tentative master plan for the resort in December, rejecting Oregon Shores’ appeal of an earlier planning commission decision. The project, which includes 18-hole and ... MORE | | Jan 5 2011 -- Jan 28 2011 Crook Point Resort Approved; Oregon Shores Ponders Next Step
The Curry County Board of Commissioners has approved the tentative master plan for a destination resort located just south of the mouth of the Pistol River at Crook Point. The project, which includes 18-hole and 9-hole golf courses, lodges, cabins, and an equestrian center, is adjacent to the Crook Point Unit of the Oregon Islands National Wildlife Refuge and bordered by state parks to the ... MORE | | Nov 8 2010 -- Dec 31 2010 Curry Commissioners Weighing Crook Point Appeal
Oregon Shores’ appeal of the Curry County Planning Commission’s tentative approval of the Crook Point Destination Resort is now under consideration by the county’s board of commissioners. The appeal was heard by the commissioners at their November 4 meeting at the county fairgrounds. There is still time for the public to get involved. The commissioners didn’t make a decision, but left the ... MORE | | Oct 30 2010 -- Nov 7 2010 Appeal of Crook Destination Resort Will Be Heard Thursday
Oregon Shores has appealed the Curry County Planning Commission’s tentative approval of the Crook Point Destination Resort, a proposed 400-acre complex that would place a golf course, lodge, spa, 175 units of overnight housing and other forms of recreational development in an undeveloped area adjacent to the Crook Point Unit of the Oregon Islands National Wildlife Refuge, the second most ... MORE | | Sep 23 2010 -- Oct 25 2010 Appeal of Crook Point Destination Resort Moves to Next Stage
Oregon Shores will appeal the Curry County Planning Commission’s tentative approval of the Crook Point Destination Resort, a proposed 400-acre complex that would place a golf course, lodge, spa, 175 units of overnight housing and other forms of recreational development in an undeveloped area adjacent to the Crook Point Unit of the Oregon Islands National Wildlife Refuge, the second most important ... MORE | | Sep 15 2010 -- Oct 1 2010 Curry County Gives Resort Tentative Approval
At its September 15 meeting, the Curry County Planning Commission gave a tentative approval to the Crook Point Destination Resort, a proposed 400-acre complex that would place a golf course, lodge, spa, 175 units of overnight housing and other forms of recreational development in an undeveloped area adjacent to the Crook Point Unit of the Oregon Islands National Wildlife Refuge, the second most ... MORE | | Thu Aug 26 2010 5:00 PM -- Sep 14 2010 Last Chance to Comment on Destination Resort Proposal
At its hearing August 12 on the destination resort and golf course proposed for the vicinity of Crook Point, the Curry County Planning Commission listened to several hours of testimony, received some 400 pages of new material on both sides of the issue, and delayed making a decision yet again. The commissioners closed the public hearing, but left open the record for 14 days, through August 26 at ... MORE | | Thu Aug 12 2010 7:00 PM -- New Hearing Scheduled on Crook Ranch Resort
Faced with detailed comments from Oregon Shores and other conservationists, and with expressions of concern by the U.S. Fish and Wildlife Service about potential impacts to the Oregon Islands National Wildlife Refuge, the Crook County Planning Commission deferred any decision on the proposed Crook Ranch Golf Resort at their July 8 meeting. Instead, a new public hearing has been scheduled for 7 ... MORE | | Thu Jul 8 2010 7:00 PM -- Proposal for Major Resort at Pistol River Due for Hearing
The long-anticipated proposal for a “Crook Ranch Golf Resort,” to be located between the Pistol River and the Crook Point Unit of the Oregon Islands National Wildlife Refuge Complex, comes up for its first hearing before the Curry County Planning Commission on July 8. The meeting will take place at 7 p.m. at the Curry County Fairgrounds (Showcase Building) in Gold Beach. The county recently ... MORE | | Thu Apr 29 2010 -- Curry Destination Resort Ordinance Hearing April 29
The Curry County Board of Commissioners is in the middle of considering a destination resort ordinance and site map which is likely to play a major role in south coast development decisions for years to come. The Curry County Planning Commission has already heard the proposed ordinance; the Board of Commissioners will have the final say at an April 29 meeting in Gold Beach. Oregon Shores' Land ... MORE | | Thu Dec 3 2009 -- Curry County Destination Resorts Hearing December 3
The Crook family is proposing to build a small destination resort on their land in the Pistol River watershed, directly adjacent to the Crook Point Unit of the Oregon Islands National Wildlife Refuge. However, before the Crooks can apply to Curry County for a resort, the county by state law must undertake a countywide planning process. Curry County is developing the state-required map of ... MORE | | Sat Oct 10 2009 10:00 AM -- Curry County Workshops on Destination Resorts Mapping
Oregon Shores and 1000 Friends of Oregon are teaming up to present two workshops in Curry County on the destination resorts mapping process. Curry County is beginning its resorts mapping process as required by state law because there is a proposal waiting in the wings for a destination resort in the Pistol River watershed, adjacent to the Crook Point unit of the Oregon Islands NWR. The mapping ... MORE | | Oct 5 2009 -- Oct 28 2009 Tillamook County Hearing 9/24 on Port's Resort, Golf Course Project
The Port of Tillamook Bay is proposing to site a major destination resort on 772 acres of its industrial park just a couple of miles south of the town of Tillamook. Here are the details. In 2001, Tillamook County approved a Conditional Use Permit (CUP) for a golf course and convention center on the Port's industrial land. Unfortunately, those non-industrial uses are an allowed conditional use ... MORE | |
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