1999-26-Ordinance No. 99-001 Recorded 1/14/1999VOL: CJ1999 PAGE: 26
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
I hereby certify that the attached instrument was
received and duly recorded in Deschutes County
records:
DATE AND TIME:
DOCUMENT TYPE:
Jan. 14, 1999; 3:08 p.m.
Ordinance (CJ)
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
rr�l7rt nCi t.
01999-26*Vol-Page 02.04,1999 16:32:02 MICROPILMED
FEB1d199B
REVIEWED S TO FORM
CODEf REVIEW COMM.
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 19, the Bend * -�
Urban Area Zoning Ordinance, of the
Deschutes County Code, to add a new * G
chapter for regulating destination resorts,
and amending related sections. * '`
Vf
ORDINANCE NO. 99-001
WHEREAS, Cascade Highlands Limited Partnership submitted a request for a quasi-judicial
amendment to Title 19 of the Deschutes County Code, the Bend Urban Area Zoning Ordinance, to add a
chapter of regulations for siting destination resorts; and
WHEREAS, a hearing was held on December 14, 1998, after notice given in accordance with
applicable state law, before the Bend Urban Area Planning Commission; and
WHEREAS, the Bend Urban Area Planning Commission recommended approval of the proposed
amendment; and
WHEREAS, after notice was given and hearing conducted in accordance with applicable state
law, the Board of County Commissioners has considered the proposed amendment; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. ADDING. A new chapter, Chapter 19.106, Destination Resorts, is added to Title 19 of
the Deschutes County Code as described in Exhibit "A," attached hereto and by this reference
incorporated herein.
Section 2. AMENDMENT. Section 19.04.381, Definition -Destination resort, of the Deschutes
County Code is hereby amended to read as described in Exhibit `B," attached hereto and by this reference
incorporated herein.
Section 3. AMENDMENT. Section 19.12.030, Conditional Uses, of the Deschutes County Code
is hereby amended to read as described in Exhibit "C," attached hereto and by this reference incorporated
herein.
PAGE 1 OF 2 - ORDINANCE NO. 99-001 (1/13/99)
Section 4. ADDING. A new section, Section 19.04.748, Definition-Overnightlodgings, is added
to Title 19 of the Deschutes County Code, as described in Exhibit "D," attached hereto and by this
reference incorporated herein.
Section 5. REPEALED. Section 19.88.200, Destination resorts, of the Deschutes County Code is
hereby repealed in its entirety.
DATED this 13 day of 1999.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PAGE 2 OF 2 - ORDINANCE NO. 99-001 (1/13/99)
R. Luke, Commissioner
Chapter 19.106
Exhibit "A"
DESTINATION RESORTS
19.106.010.
Purpose
19.106.020.
Applicability
19.106.030.
Uses in destination resorts
19.106.040.
Application submission
19.106.050.
Requirements for conditional
use permit and conceptual
master plan applications
19.106.060.
Standards for destination
resorts
19.106.070.
Approval criteria
19.106.075.
Imposition of conditions
19.106.080.
Procedure for modification of
a conceptual master plan
19.106.090.
Requirements for final master
plan
19.106.100.
Procedure for approval of
final master plan
19.106.110.
Provision of streets,
utilities,developed
recreational facilities and
visitor -oriented
accommodations
19.106.120.
Conservation easement to
protect resource site.
19.106.010. Purpose.
A. The purpose of this Chapter is to establish
an approval process for siting destination
resorts under LCDC Goal 8 and the Bend
Urban Area General Plan on lands identified
in the Bend Urban Area General Plan map
as eligible for destination resort siting.
B. This chapter provides for properly designed
and sited destination resort facilities which
enhance and diversify the recreational
opportunities and the economy of the Bend
area and Deschutes County. It will ensure
resort development that compliments the
natural and cultural attractiveness of the
Bend area and its surroundings and
enhances its economic base without
significant adverse effect on commercial
farming and forestry, environmental and
natural features, cultural and historic
resources and their settings and other
significant resources.
C. It is the intent of this chapter to establish
procedures and standards for developing
destination resorts while ensuring that all
applicable Bend Urban Area General Plan
policies are achieved.
D. It is the intent of this chapter to ensure that
all elements of a destination resort which
are proposed are financially secured in a
manner which will protect the public's
interest should the development not be
completed as proposed.
E. It is not the intent of this Chapter to site
developments that are in effect rural
subdivisions whose primary purpose is to
serve full-time residents of the area.
(Ord. 99-001 § 1, 1999)
19.106.020. Applicability.
A. The provisions of this chapter shall apply to
proposals for the development of destination
resorts, as defined in areas designated by the
Bend Area General Plan destination resort
map. The provisions of this chapter shall
not apply to any development proposal for
resort siting in an area designated in the
Bend Area General Plan.
B. When these provisions are applicable, they
shall supersede all other provisions of the
underlying zone. Other provisions of the
zoning ordinance made applicable by
specific map designations such as the FP
otherwise applicable under the terms of the
zoning ordinance text shall remain in full
force and effect, unless otherwise specified
herein.
PAGE 1 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
C. The provisions of this chapter shall also
apply to destination resorts sited through the
Goal 2 exception process.
(Ord. 99-001 § 1, 1999)
19.106.030. Uses in Destination Resorts.
The following uses are allowed, provided they
are part of and are intended to serve persons at
the destination resort pursuant to this section
and are approved in a final master plan:
A. Visitor -oriented accommodations designed
to provide for the needs of visitors to the
resort:
1. Overnight lodging, including lodges,
hotels, motels, bed and breakfast
facilities, time share units and similar
transient lodging facilities;
2. Convention and conference facilities
and meeting rooms;
3. Retreat centers;
4. Restaurants, lounges and similar eating
and drinking establishments; or
5. Other similar visitor -oriented
accommodations consistent with the
purposes of this chapter and Goal 8.
B. Developed recreational facilities designed to
provide for the needs of visitors and
residents of the resort including:
1. Golf courses and clubhouses;
2. Indoor and outdoor swimming pools;
3. Indoor and outdoor tennis courts;
4. Physical fitness facilities;
5. Equestrian facilities;
6. Wildlife observation shelters;
7. Walkways, bike paths, jogging paths,
equestrian trails; or
8. Other similar recreational facilities
consistent with the purposes of this
chapter and Goal 8.
C. Residential accommodations:
1. Single-family dwellings;
2. Duplexes, triplexes, fourplexes and
multi -family dwellings;
3. Condominiums;
4. Townhouses;
5. Living quarters for employees; or
6. Time share projects.
D. Commercial services and specialty shops
designed to provide for the visitors to the
resort:
1. Specialty shops including, but not
limited to delis, clothing stores, book
stores, gift shops and specialty food
shops;
2. Barber shops and beauty salons;
3. Automobile service stations limited to
fuel sales, incidental parts sales and
minor repairs;
4. Craft and art studios and galleries;
5. Real estate offices;
6. Convenience stores; or
7. Other similar commercial services
which provide for the needs of resort
visitors and are consistent with the
purposes of this chapter and Goal 8.
E. Uses permitted in open space areas
generally include only those uses that,
except as specified herein, do not alter the
existing or natural landscape of the
proposed open space areas. No
improvements, development or other
alteration of the natural or existing
landscape shall be allowed in open space
areas, except as necessary for development
of golf course fairways and greens, hiking
and bike trails, lakes and ponds and
primitive picnic facilities including park
benches and picnic tables. Where farming
activities would be consistent with
identified pre-existing open space uses,
irrigation equipment and associated
pumping facilities shall be allowed.
F. Facilities necessary for public safety and
utility service within the destination resort.
PAGE 2 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
G. Other similar uses permitted in the
underlying zone consistent with the
purposes of this section.
H. Accessory uses in destination resorts:
1. The following accessory uses shall be
permitted provided they are ancillary to
the destination resort and consistent
with the purposes of this chapter and
Goal 8:
a. Transportation -related facilities
excluding airports;
b. Emergency medical facilities;
c. Storage structures and areas;
d. Kennels as a service for resort visitors
only;
e. Recycling and garbage collection
facilities; or
f. Other similar accessory uses are
consistent with the purposes of this
chapter and Goal 8.
(Ord. 99-001 § 1, 1999)
19.106.040. Application submission.
The authorization of a permit for a destination
resort shall consist of three steps.
A. Conceptual master plan and conditional use
permit for destination resort. A conceptual
master plan (CMP) shall be submitted
which addresses all requirements
established in this section. The CMP
application shall be processed as if it were a
conditional use permit under DCC Title 22
and Chapter 19.100, and shall be reviewed
for compliance with the standards and
criteria set forth in this chapter.
B. Final master plan. The applicant shall
prepare a final master plan (IMP) which
incorporates all requirements of the county
approval for the CMP. The Planning
Director shall review the IMP to determine
if it complies with the approved CMP and
all conditions of approval of the conditional
use permit. The Planning Director shall
have the authority to approve, deny or
return the FMP to the applicant for
additional information. When
interpretations of the Planning Director
involve issues which are discretionary, the
IMP approval shall be treated as a land use
permit in accordance with DCC Title 22.
C. Site plan review. Each element or
development phase of the destination resort
must receive additional site plan review and
approval pursuant to DCC Chapter 19.76 or
subdivision review and approval pursuant to
DCC Title 17. In addition to findings
satisfying the site plan or subdivision
criteria, findings shall be made that the
specific development proposal complies
with the standards and criteria of this
chapter and the IMP.
(Ord. 99-001 § 1, 1999)
19.106.050. Requirements for conditional
use permit and conceptual
master plan applications.
The CMP provides the framework for
development of the destination resort and is
intended to ensure that the destination resort
meets the requirements of this chapter. The
CMP application shall include the following
information:
A. Illustrations and graphics to scale,
identifying:
1. The location and total number of acres
to be developed as a planned destination
resort;
2. The subject area and all land uses
adjacent to the subject area;
3. The topographic character of the site;
4. Types and general location of proposed
development uses, including residential
and commercial uses;
5. Major geographic features;
6. Proposed methods of access to the
development, identifying the main
vehicular circulation system within the
PAGE 3 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
PAGE 4 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
resort and an indication of whether
g.
Water areas, including streams, lakes,
streets will be public or private;
ponds and wetlands;
7.
Major pedestrian, equestrian and
h.
Important natural features;
bicycle trail systems;
i.
Wildlife.
8.
Important natural features of the site,
2.
A traffic study which addresses (a)
including habitat of threatened or
impacts on affected county, city and
endangered species, streams, rivers,
state road systems; and (b)
wetlands and riparian vegetation within
transportation improvements necessary
200 feet of streams, rivers and wetlands.
to mitigate any such impacts. The study
9.
The location and number of acres
shall be submitted to the affected road
reserved as open space, buffer area or
authority at the same time as the
common area. Areas designated as
conceptual master plan and shall be
"open space," "buffer area" or "common
prepared by a licensed traffic engineer
area" should be clearly illustrated and
to the minimum standards of the road
labeled as such;
authorities.
10. All proposed recreational amenities;
3.
A description of how the proposed
11. Proposed overall density.
destination resort will satisfy the
standards and criteria of sections
B. Further information as follows:
19.106.060 and 19.106.070 of this
1.
A description of the natural
chapter.
characteristics of the site and
4.
Design guidelines and development
surrounding areas, including a
standards defining visual and aesthetic
description of resources and the effect
parameters for:
of the destination resort on the
a.
Building character;
resources; methods employed to
b.
Landscape character;
mitigate adverse impacts on resources;
c.
Preservation of existing topography and
analysis of how the overall values of the
vegetation;
natural features of the site will be
d.
Siting of buildings; and
preserved, enhanced or utilized in the
e.
Proposed standards for minimum lot
design concept for the destination
area, width, frontage, lot coverage,
resort; and a proposed resource
setbacks and building heights.
protection plan to ensure that important
5.
An open space management plan which
natural features will be protected and
includes:
maintained. Factors to be addressed
a.
An explanation of how the open space
include:
management plan meets the minimum
a.
Compatibility of soil composition for
standards of this chapter for each phase
proposed development(s) and potential
of the development;
erosion hazard;
b.
An inventory of the important natural
b.
Geology, including areas of potential
features identified in the open space
instability;
areas and any other open space and
c.
Slope and general topography;
natural values present in the open space;
d.
Areas subject to flooding,
c.
A set of management prescriptions that
e.
Other hazards or development
will operate to maintain and conserve in
constraints;
perpetuity any identified important
f.
Vegetation;
natural features and other natural or
PAGE 4 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
open space values present in the open
buildout, including a breakdown of
space;
estimated demand by category of
d. Deed restrictions that will assure that
consumption, including but not
the open space areas are maintained as
limited to, residential, commercial,
open space in perpetuity.
golf courses and irrigated common
6. An explanation of public use of
areas;
facilities and amenities on the site.
b. Availability of water (other than
7. A description of the proposed method of
municipal water) for estimated
providing all utility systems, including
demands at the destination resort,
the location and sizing of the utility
including (1) identification of the
systems;
proposed source; (2) identification
8. A description of the proposed order and
of all available information on
schedule for phasing, if any, of all
ground and surface waters relevant
development including an explanation
to the determination of adequacy of
of when facilities will be provided and
water supply for the destination
how they will be secured if not
resort; (3) identification of the area
completed prior to closure of sale of
that may be measurably impacted
individual lots or units;
by the water used by the destination
9. An explanation of how the destination
resort (water impact area) and an
resort has been sited or designed to
analysis supporting the delineation
avoid or minimize adverse effects or
of the impact area; and (4) a
conflicts on adjacent lands. The
statistically valid sampling of
application shall identify the
domestic and other wells within the
surrounding uses and potential conflicts
impact area;
between the destination resort and
c. A water conservation plan including
adjacent uses within 660 feet of the
an analysis of available measures
boundaries of the parcel or parcels upon
which are commonly used to reduce
which the resort is to be developed. The
water consumption. This shall
application shall explain how any
include a justification of the chosen
proposed buffer area will avoid or
water conservation plan. The water
minimize adverse effects or conflicts;
conservation plan shall include a
10. A description of the proposed method
waste water disposal plan utilizing
for providing emergency medical
beneficial use of reclaimed water to
facilities and services and public safety
the maximum extent practicable
facilities and services including fire and
unless the destination resort
police protection;
proposes to utilize city sewer
11. Unless the destination resort is
services.
proposing to utilize municipal water, the
For the purposes of this section,
application shall include a study
beneficial uses shall include, but are
prepared by a hydrologist, engineering
not limited to:
geologist or similar professional
i. Irrigation of golf courses and
certified in the State of Oregon
greenways;
describing:
ii. Establishment of artificial
a. An estimate of water demands
wetlands for wildlife habitation.
(other than municipal water) for the
destination resort at maximum
PAGE 5 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
d. A water service agreement with the
city of Bend, if municipal water is
proposed for the destination resort.
12. An erosion control plan for all
disturbed land, as required by ORS
Chapter 468. This plan shall
include storm and melt water
erosion control to be implemented
during all phases of construction
and permanent facilities or practices
for the continuing treatment of these
waters. This plan shall also explain
how the water shall be used for
beneficial use or why it cannot be
used as such;
13. A description of proposed sewage
disposal methods or a sewer service
agreement with the city of Bend;
14. Wildfire prevention, control and
evacuation plans;
15. A description of interim
development including temporary
structures related to sales and
development;
16. Plans for owners' associations and
related transition of responsibilities
and transfer of property;
17. A description of the methods of
ensuring that all facilities and
common areas within each phase
will be established and will be
maintained in perpetuity;
18. A survey of housing availability for
employees based upon income level
and commuting distance;
19. An economic impact and feasibility
analysis of the proposed
development prepared by a
qualified professional economist(s)
or financial analyst(s) shall be
provided which includes:
a. An analysis which addresses the
economic viability of the proposed
development;
b. Fiscal impacts of the project,
including changes in employment,
increased tax revenue, demands for
new or increased levels of public
services, housing for employees and
the effects of loss of resource lands
during the life of the project.
20. A solid waste management plan;
21. A description of the system to be
used for the management of any
individually owned units that will
be used for overnight lodging and
how it will be implemented,
including proposed rental contract
provisions to assure that any
individually -owned lodging
facilities will be available for
overnight rental use by the general
public for at least 45 weeks per
calendar year through a central
reservation and check-in service;
22. A survey of historic and cultural
resources inventoried on an
acknowledged Goal 5 inventory;
23. Other information as may
reasonably be required by the
Planning Director to address the
effect of the proposed development
as related to the requirements of this
ordinance. (Ord. 99-001 § 1, 1999)
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;
2. Visitor -oriented eating establishments
for at least 100 persons and meeting
rooms which provide eating for at least
100 persons;
3. At least $7 million shall be spent on
improvements for on-site developed
recreational facilities and visitor -
PAGE 6 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
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
4. The facilities and accommodations
required by this section must be
physically provided or financially
assured pursuant to section 19.106.110
of this chapter prior to closure of sales,
rental or lease of any residential
dwellings or lots.
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.
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.
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 multi -family or
commercial uses established by DCC
Section 19.76.080 shall not be
considered open space; and
2. Individually -owned residential units
shall not exceed two 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).
E. Phasing. A destination resort authorized
pursuant to this section 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
this chapter and Goal 8;
2. The first phase and each subsequent
phase of the destination resort shall
cumulatively meet the minimum
requirements of this section and DCC
Section 19.76.070, and;
3. Each phase may include two or more
distinct non-contiguous areas within the
destination resort.
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 Section 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
PAGE 7 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
the CMP are adequate to satisfy the
river or in a wetland shall be a separate
intent of the Bend Urban Area General
conditional use subject to all pertinent
Plan relating to solar access, fire
requirements of this title
protection, vehicle access, and to
protect resources identified by LCDC
I. Time share units not included in the
Goal 5 which are identified in the Bend
overnight lodging calculations shall be
Urban Area General Plan. At a
subject to approval under the conditional
minimum, a 100 foot setback shall be
use criteria set forth in DCC Chapter
maintained from all streams and rivers.
19.100. Time share units identified as part
No lot for a single-family residence
of the destination resort's overnight lodging
shall exceed an overall project average
units shall not be subject to the time share
of 22,000 square feet in size.
conditional use criteria of DCC Chapter
2. Exterior setbacks and buffers.
19.100. (Ord. 99-001 § 1, 1999)
a. A destination resort shall provide for the
establishment and maintenance of
19.106.070. Approval Criteria.
buffers between the resort and adjacent
In order to approve a destination resort, the
land uses, including natural vegetation
Planning Director or Hearings Body shall find
and where appropriate, fences, berms,
from substantial evidence in the record that:
landscaped areas, and other similar
types of buffers.
A. The subject proposal is a destination resort
b. Exterior setbacks shall also be provided
as defined in Section 19.040.381 of this
to ensure that improvements and
title.
activities are located to minimize
adverse effects of the resort on uses on
B. All standards established by section
surrounding lands.
19.106.060 of this chapter are or will be
met.
G. Floodplain requirements. The Flood Plain
Zone (FP) requirements of DCC Chapter
C. The economic analysis demonstrates that:
19.72 shall apply to all developed portions
1. The necessary financial resources are
of a destination resort in an FP Zone in
available for the applicant to undertake
addition to any applicable criteria of this
the development consistent with the
chapter. Except for flood plain areas which
minimum investment requirements
have been granted an exception to LCDC
established by this chapter;
goals 3 and 4, Flood Plain Zones shall not
2. Appropriate assurance has been
be considered part of a destination resort
submitted by lending institutions or
when determining compliance with the
other financial entities that the
following standards;
developer has or can reasonably obtain
1. 160 -acre minimum site;
adequate financial support for the
2. Open space requirements.
proposal once approved;
A conservation easement as described in
3. The destination resort will provide a
this title shall be conveyed to the County for
substantial financial contribution which
all areas within a flood plain which are part
positively benefits the local economy
of a destination resort.
throughout the life of the entire project,
considering changes in employment,
H. Excavation, grading and fill and removal
demands for new or increased levels of
within the bed and banks of a stream or
public service, housing for employees
PAGE 8 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
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.
D. The destination resort incorporates design
components, setbacks, and buffers to protect
designated wildlife areas.
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.
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 H.
.lands devoted to farm or forest use.
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 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.
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.
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
PAGE 9 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
provide for necessary safety services such
as police and fire will be available to serve
the proposed development.
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 468.
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 Section 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.
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 this chapter.
M. The resort will mitigate any demands it
creates on publicly owned recreational
facilities on public lands in the surrounding
area.
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.
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.
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.
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.
PAGE 10 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
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.
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.
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 this title.
T. The open space management plan is
sufficient to protect in perpetuity identified
open space values.
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 this chapter;
2. Deed restrictions limiting use of such
identified premises to overnight lodging
purposes under this chapter 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 this chapter 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 this chapter 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 this chapter.
(Ord. 99-001 § 1 1999)
19.106.075. Imposition of conditions.
The standards made applicable by this chapter
may be met by the imposition of conditions
calculated to insure that the standard will be
met.
(Ord. 99-001 § 1, 1999)
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.
PAGE 11 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
Substantial change to an approved CMP, as used
in this section, 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.
(Ord. 99-001 § 1, 1999)
19.106.090. Requirements for final master
plan.
It shall be the responsibility of the applicant to
provide a Final Master Plan (FMP) which
includes text and graphics explaining and
illustrating:
A. The use, location, size and design of all
important natural features, open space,
buffer areas and common areas;
B. The use and general location of all
buildings, other than residential dwellings
and the proposed density of residential
development by location;
C. Preliminary location of all sewer, water,
storm drainage and other utility facilities
and materials, and specifications and
installation methods for water and
wastewater systems;
D. Location and widths of all roads, streets,
parking, pedestrian ways, equestrian trails
and bike paths;
E. Methods to be employed to buffer and
mitigate potential adverse impacts on
adjacent resource uses and property;
F. Building elevations of visitor -oriented
accommodations, recreational facilities and
commercial services sufficient to
demonstrate the architectural character of
the proposed development;
G. A description of all commercial uses
including approximate size and floor area;
H. The location of or distance to any
emergency medical facilities and public
safety facilities;
I. When a phase includes a residential
subdivision, a general layout of the
subdivision shall include the number of lots,
minimum and maximum lot sizes and
approximate location of roadways.
J. A description of measures taken, with
copies of deed restrictions, CC&R's and
rental contracts to implement the measures
identified in this chapter assuring that
individually -owned lodging units
considered to be overnight lodgings for at
least 45 weeks per calendar year through a
central reservation and check-in service.
K. A description of measures taken, with
copies of deed restrictions and a final
management plan, to implement the open
space management plan required by this
chapter.
L. The status of all required off-site roadway
improvements.
M. Methods to be employed for managing
automobile traffic demand.
N. A copy of an WPCF permit issued by DEQ
consistent with the requirements of DCC
19.106.070(L)
(Ord. 99-001 § 1, 1999)
19.106.100. Procedure for approval of final
master plan.
A. The FMP shall be submitted in a form
approved by the County Planning Director
consistent with Title 22 of the Deschutes
County Code for a development permit.
The Planning Director shall review the FMP
and if the Planning Director finds that all
standards of the CMP have been met, the
FMP shall be approved in writing without
PAGE 12 OF 13 - EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "A"
notice. If approval of the FMP involves the
exercise of discretion, the FMP shall be
treated as a land use action and notice shall
be provided in accordance with Title 22 of
the Deschutes County Code.
B. If the Planning Director finds evidence in
the FMP of a substantial change from the
CMP, the Planning Director shall advise the
applicant to submit an application for
modification or amendment of the CMP.
(Ord 99-001 § 1, 1999)
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 FMP 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.
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.
(Ord. 99-001 § 1, 1999)
19.106.120. Conservation easement to
protect resource site.
A. If a tract to be used as a destination resort
contains a resource site designated for
protection in an acknowledged
comprehensive plan pursuant to open
spaces, scenic and historic areas and natural
resource goals in an acknowledged
comprehensive plan, that tract of land shall
preserve the resource site by conservation
easement sufficient to protect the resource
values of the resource site in accordance
with ORS 271.715 to 271.795
B. A conservation easement under this section
shall be recorded with the property records
of the tract on which the destination resort is
sited.
(Ord. 99-001 § 1, 1999)
PAGE 13 OF 13 — EXHIBIT "A" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit `B"
19.04.381. Definition -Destination resort.
"Destination resort" means a largely
seasonal visiteFs, eeAer-ing to members and
1160--Rem—self-contained development that
provides for visitor -oriented accommodations
and developed recreational facilities in a setting
with high natural amenities. To qualify as a
"large destination resort" under Goal 8, a
proposed development must meet the following
standards:
A. The resort is located on a site of 160 or more
acres:
B. At least 50 percent of the site is dedicated to
permanent open space, excluding_
streets, and parkin areas,
reas:
C. A least $7 million (in 1993 dollars,) 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, and:
D. Visitor -oriented accommodations are
provided, including meeting rooms,
restaurants with seating for 100 persons and
150 separate rentable units for overnight
lodgings. Accommodations available for
residential use shall not exceed two such
units for each unit of overnightging.
However, the rentable units may be phased
in as follows:
1. A total of 150 units of overnight lodging
shall be provided as follows:
a. At least 75 units of overnight lodging,
not including any individually owned
homes, lots or units shall be constructed
or guaranteed through surety bonding or
equivalent financial assurance prior to
the closure of sale of individual lots or
units, and,
b. The remainder of the overnight lodging
units shall be provided as individually
owned lots or units subject to deed
restrictions that limit their use to
overnight lodging units. The deed
restrictions may be rescinded when the
resort has constructed 150 units of
permanent overnight lodgingas s required
by this section.
2. The number of units approved for
residential sale shall be not more than
two units for each unit of permanent
overnight lodging` provided under (1)(a)
of this section, and,
3. The development approval shall provide
for the construction of other required
overnight lodging units within five years
of the initial lot sales.
E. Commercial uses allowed are limited to
those types and levels necessary to meet the
needs of visitors to the development.
Industrial uses of any kind are not permitted.
(Ord. 99-001 § 2, 1999; Ord. 80-217 § 1 Exhibit
A, 1980)
PAGE 1 OF 1— EXHIBIT `B" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "C"
19.12.030. Conditional uses.
The following conditional uses may be permitted
subject to a conditional use permit and the
provisions of Seetien 29 afld Seetion 24Chapters
19.76 and 19.100.
A. Dude or guest ranch.
B. Commercial riding stable subject to Section
19.88.020.
C. Livestock sales yard.
D. Commercial livestock feeding yard.
E. Mining, quarrying or other extraction,
processing or refining of ore of other natural
resource material subject to Section 19.88.100.
F. Cemeteries and mausoleums, crematories,
columbariums and mortuaries within cemeteries
provided that no mortuary or crematorium is
within 100 feet of a boundary street, or where no
street borders the cemetery within 200 feet of a
lot in a residential zone and subject to Section
19.88.030.
G. Churches.
H. Community buildings, lodge and fraternal
organizations, except those carried on as a
business for profit.
1. Public, parochial and private schools, but not
including business, dancing, trade, technical or
similar schools.
J. Parks and recreation facilities, fire stations,
libraries, museums, but not including storage or
repair yards, warehouses or similar uses.
K. Recreation facility, public or private, but not
including such intensive commercial recreation
uses as a race track or amusement park.
L. Utility substations or pumping stations with
no equipment storage and sewage treatment
facilities subject to Section 19.88.120.
M. Kennel or animal hospital subject to Section
19.88.020.
N. Planned unit development subject to Chapter
19.104.
O. Destination resort, where mapped in the
Bend Area General Plan destination resort man,
subject to Chapter 19.106.
P. A plant nursery subject to Section 19.88.180.
Q. Time share unit or the creation thereof,
subjectto Section 19.88.230.
R. Hydroelectric facility subject to Section
19.88.190.
(Ord. 99-001, § 3, 1999; Ord. 91-001, § 3, 1991;
Ord. 88-042 § 5, 1988; Ord. 86-017 § 3, 1986;
83-045 § 2, 1983; 81-006 § 1, 1981; 80-217 § 1,
1980)
PAGE 1 OF 1 - EXHIBIT "C" TO ORDINANCE NO. 99-001 (1/13/99)
Exhibit "D"
19.04.748. Definition -Overnight lodgings.
"Overnight lodgings" with respect to destination
resorts, means permanent, separately rentable
accommodations that are not available for
residential use. Overnight lodgings include hotel
or motel rooms, cabins and time share units.
Individually -owned units may be considered
overnight lodgings if they are available for
overnight rental use by the general public for at
least 45 weeks per calendar year through a central
reservation and check-in service. Tent sites,
recreational vehicle parks, mobile homes,
dormitory rooms and similar accommodations do
not qualify as overnight lodging for the purpose
of this definition.
(Ord. 99-001 § 4, 1999)
PAGE 1 OF 1 — EXHIIBIT "D" TO ORDINANCE NO. 99-001 (1/13/99)