The Oregon Coast’s Newest Upscale Hotel Project advances past Oregon’s Land Use Board of Appeals after tenuous bout with Conservation Group
Gravel Point Hotel & Spa receives entitlements as Bandon’s high tourism demand calls for more destination-driven hospitality offerings.
BANDON, Oregon / March 7, 2025 — On December 2nd, 2024, the City of Bandon voted unanimously to approve a Supplemental Final Order in response to a Remand (partial) from Oregon’s Land Use Board of Appeals (LUBA) for an upscale ecotourist hotel & spa — Gravel Point. The appeal was brought forward by Oregon Coast Alliance (ORCA) in a third attempt to obstruct the hotel development from moving forward. ORCA’s latest legal strategy aimed to target four (4) specific areas with hopes of reversing the city councils’ affirmation, a hearing that commenced on February 21, 2024. Attorney’s Garrett West & Dan O’Connor of O’Connor West, LLC filed a motion to intervene on behalf of Bandon Beach Ventures, LLC and Perk Development and represented the Intervenors-Respondents at LUBA, and were present to answer any questions during the December City Council Meeting, regarding the presented Supplemental Final Order.
Typically, LUBA issues the following determinations for land-use decisions: 1.) Affirmation, 2.) Reversal, 3.) Remand, 4.) Dismissal, and 5.) Modification. In the case of Oregon Coast Alliance versus The City of Bandon, LUBA’s Final Opinion & Order was released on September 5th, 2024. Three (3) of four (4) assignments of error argued by ORCA were denied, with one (1) assignment of error sustained (in part) resulting in a Remand back to the City of Bandon for resolution.
ORCA’s Grounds for Appeal — Explained
First Assignment of Error: Insufficient Water Services, Capacity and Availability [Denied] — ORCA argued that the city misconstrued and made inadequate findings not supported by substantial evidence that the Bandon Municipal Code (BMC) was satisfied with respect to water and wastewater services, water system capacity and water availability. After lengthy oral arguments, LUBA disagreed with ORCA and stated that the city did not misconstrue findings and adequately addressed the raw water storage issues, it’s water volume capacity and the city’s findings that adequate water is available to serve Gravel Point is supported by substantial evidence, denying the first assignment of error.
Second Assignment of Error: Street Vacation Proceedings Require Separate Future Proceeding [Remanded] — ORCA argued that the city erred in deferring compliance with comprehensive plan policies regarding street vacations to a separate, future street vacation proceeding because the city does not provide the same procedural protections and comprehensive plan policies are not clearly applicable in a street vacation proceeding. LUBA agreed, and stated that the City must adopt a condition of approval that will require compliance with BMC and the Bandon Comprehensive Plan (BCP) Policy 4 in a later approval process that will provide procedural protections equivalent to conditional use review, sustaining the second assignment of error, in part.
Third Assignment of Error: City of Bandon Committed Prejudice by Closing the Record [Denied] — ORCA argued that the city council committed a procedural error that prejudiced its’ substantial rights when the city rejected ORCA’s request to hold the record open to allow a response to modifications to the application after the planning commission approval and before the city council approval. ORCA submitted an additional 1,200 pages of documents into the record within an hour of the city council hearing. Ultimately, LUBA agreed that ORCA had not demonstrated prejudice to its right to make its case, denying the third assignment of error.
Fourth Assignment of Error: City of Bandon Committed Procedural Error in Interpreting Local Code Resulting in Prejudice [Denied] — ORCA argued a procedural error in the city council interpreting its local code as limiting the city council’s de novo review to the issues identified in the local appeal statement. LUBA found that ORCA did not demonstrate any prejudice, in which ORCA conceded that the city council did in fact address all the issues that ORCA raised during the local appeal, denying the fourth assignment of error.
Supplemental Final Order — Approved & Signed
Mayor Schamehorn signed the Supplemental Final Order on December 11th, 2024. ORCA was given an additional 21-days from the date that the City of Bandon mailed the signed order to those that participated in the public process, to further appeal the decision back to LUBA. However, the activist group elected not to file a Notice of Intent to Appeal (NITA). The Supplemental Final Order ultimately became final on January 2nd, 2025, clearing a pathway for Bandon Beach Ventures, LLC & Perk Development to move a step closer toward entitlement.
Street Vacation Proceeding — Approved & Signed
To round out the Remand process, Bandon Beach Ventures, LLC was required to vacate a current platted right-of-way (ROW) system that was implemented (but never built) in the late 1880’s in a separate proceeding (See 2nd Assignment of Error, above). On February 3rd, 2025 the City of Bandon voted unanimously to vacate the current platted paper streets, so that the project could dedicate the newly proposed right-of-way streets in the future. The streets that were vacated included Helena, George, Matilda, and Mary Streets located directly off of Beach Loop Road. No public comment or objection was made during the public commenting period, resulting in the decision becoming final on March 4th, 2025 when Mayor Schamehorn signed the Ordinance
Gravel Point Receives Entitlements
Gravel Point has received full entitlements to move the project forward and is currently working through the City of Bandon’s Zoning Compliance procedures, which will allow the development to pull the required permits to start site work and construction. A timeline and schedule is being worked through and community updates are imminent.
For more information about Gravel Point, please contact Perk Development, at info@perkdevelopment.com
ABOUT PERK DEVELOPMENT:
Perk Development is an aspirational real estate development firm that specializes in land enhancement and community restoration in coastal and mountain destinations across the Western United States. For more information, visit perkdevelopment.com
