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2003-1303-Ordinance No. 2003-031 Recorded 10/8/2003REVIEWED LEGAL COUNSEL rk"INTA -%V5i . •uu DESCHUTES COUNTY CLERK 0J &003.1303 NANCY COMMISSIONERS' JOURNAL 111111 11tiIIIIIIIIIIII I III III 2103-1 101081&003 04 ; 94 ; 5& PM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Bend Area General Plan by Designating Certain Property as Eligible * ORDINANCE NO. 2003-031 for the Siting of a Destination Resort. WHEREAS, State law provides for the siting of destination resorts pursuant to Statewide Planning Goal 8, Recreation; and WHEREAS, Deschutes County (County) and the City of Bend (City) have joint planning responsibility for the Urban Reserve Areas located outside of the City's urban growth boundary and within the area under the Bend Area General Plan; and WHEREAS, the County and the City have determined to implement ORS 197.435 to 197.467 and Statewide Planning Goal 8 regarding the siting of destination resorts; and WHEREAS, the County and the City mapped lands that were eligible for destination resort siting and adopted policies for such siting in 1996 and incorporated both the map and the policies in the Bend Area General Plan; and WHEREAS, certain property in the Urban Reserve Area has been transferred from public to private ownership and is now eligible for mapping as eligible for destination resort siting; and WHEREAS, Task No. 6 of the City's approved work program for periodic review of its comprehensive plan requires the city to consider revisions to the mapping of land eligible for destination resort siting on lands in the Urban Reserve Area that are transferred from public to private ownership; and WHEREAS, after a duly noticed public hearing, the City of Bend Planning Commission has forwarded the proposed amendment to the Bend Area General Plan designating certain property as eligible for destination resort siting to the Bend City Council and the Board of County Commissioners for adoption; and WHEREAS, the City Council of the City of Bend has adopted the same amendment through its Ordinance NS -1885, and the Board finds there is a public need and benefit to supporting the City's decision; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Figure 22 of the Bend Area General Plan, Urban Reserve Area Eligible for Destination Resort Siting, is amended as shown on Exhibit "A," attached hereto and by this reference incorporated herein, with the property to be mapped as eligible for destination resort siting described in Exhibit "B," attached hereto and by this reference incorporated herein. PAGE 1 OF 2 - ORDINANCE NO. 2003-031 (9/24/03) Section 2. FINDINGS. The Board of Commissioners adopts as its findings in support of this amendment the Staff Report to the Bend City Council dated July 25, 2003, attached hereto and incorporated by referenced herein as Exhibit "C." DATED this U '' day of 017yk4-', , 2003. BOARD OF COUNTY COMMISSIONERS OF DESC S COUNTY, OREGON DE IS R. LUKE, Chair TOM DEWOLF, Commissioner M1HA,CLINKDALY, Co issioner Date of 1St Reading: day of , 2003. Date of 2nd Reading: 6F"' day of (9(: t. , 2003. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke ✓ Tom DeWolf Michael M. Daly ow Effective date: day of ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2003-031 (9/24/03) "35. W -1411M. 1 rI.T I- I Jj r r wr. Exhibit A M A Figure 22 ,%* Urban Area Reserve Urban Reserve Area Urban Growth Boundary Eligible for Destination Resort Siting ®Areas for Destination Resorts 05 0 05 1 1.5 mW" - Ock)tw 09, 20M PAGE 1 of 1 EXHIBIT "A" TO ORDINANCE 2,003-031 C912 -4-11c-0 EXHIBIT `B" "WESTGATE PARCEL" LEGAL DESCRIPTION That portion of the Southwest Quarter (SW 1/4), Section Twelve (12), Township Eighteen (18) South, Range Eleven (11) East of the Willamette Merdian, Deschutes County, Oregon, lying Northerly of Cascade Lakes Highway (also known as Century Drive). EXCEPTING THEREFROM: That portion within W. Campbell Road, Lundgren Road, Swarens Avenue and the parcel of real property described in Volume 8, Page 665, Deschutes County Deed Records, more particularly described as follows: Beginning at the Southwest corner of Section 12, Township 18 South, Range 11 East of the Willamette Merdian; thence East along the South line of said Section 12, a distance of 165 feet; thence North parallel with the West line of said Section 12, to the North line of the Southwest Quarter of said Section 12; thence West along the North line of the said Southwest Quarter of Section 12, 165 feet to the quarter post between Sections 11 and 12; thence South along the West line of said Section 12 to the Southwest corner thereof, the point of beginning. PAGE 1 of 1 — EXHIBIT `B" TO ORDINANCE NO. 2D03-031 (9/24/03) ITEM NO. STAFF REPORT LEGISLATIVE AMENDMENT TO THE BEND AREA GENERAL PLAN TO DESIGNATE ADDITIONAL PROPERTY AS ELIGIBLE FOR DESTINATION RESORT SITING PROJECT NUMBER: 02-421 DATE OF REPORT: July 25, 2003 DATE OF HEARING: August 20, 2003 APPLICANT: City of Bend / Deschutes County REQUEST: Proposal to amend the Bend Area General Plan, Figure 22, to designate an additional_ 116 acres in the Urban Reserve Area as eligible for destination resort siting. The proposal area is located north of Century Dr. and west of Swarens Ave. PROJECT MANAGERS: Brian Shetterly, Principal Planner Catherine Morrow, Principal Planner, Deschutes County APPLICABLE CRITERIA: (1) The Bend Area General Plan ATTACHMENTS: Exhibit "A" - Map showing site of proposed map amendment Exhibit "B" - Existing General Plan Figure 22 Exhibit "C"- Proposed General Plan Figure 22, as amended Exhibit "D" - Findings in support of proposed map amendment Exhibit "E" - Draft ordinance amending Fig. 22 of Bend Area General Plan City Council Staff Report - PZ #02-421 — July 25, 2003 Page 1 Exhibit tic Page —L of Ordinance - ©� ' FINDINGS OF FACT: 1. LOCATION: This proposal affects a 116 -acre portion of Tax Lot 100, TI 8S, R11 E(see Exhibit A). 2. PUBLIC NOTICE AND COMMENTS: The City of Bend Planning Division sent notices of this proposal and the City Council public hearing to the owners of approximately 40 parcels adjacent to the area being considered for this proposed amendment. In accordance with the City of Bend Land Use Permit and Review Procedures Ordinance (No. NS -1775), notice of the Planning Commission public hearing was also published in the Bend Bulletin on August 3, 2003. 3. PROPOSAL DESCRIPTION: This:is-a4 proposal to amend -Figure 22 -of the Bend Area..General.lan..to designate an additional 116 acres as eligible forthe siting of a, destination resort. Contiguous property to the north and west of this site is already designated as eligible for destination resort siting, as is nearly all .of the property in Bend's urban reserve area lying south of Shevlin Park Rd. and north of Century Drive. A. PERIODIC REVIEW WORK PROGRAM: Consideration of this map amendment proposal is also required as part of Bend's Periodic Review Work Program, approved by the Oregon Department of Land Conservation and Development in February 2000. Task No. 6 of the work program states that the City will "consider revisions to the mapping of land eligible for destination resort siting,., on. lands in .the. Urban .Reserve Area that are transferred from public'fo private _owpership." This proposal would revise the mapping of land eligible for destination resort siting to include the "Westgate Parcel" (Exhibit A). This. parcel is owned by Cascade Highlands Limited Partnership ("CHLP") and is located within Bend's Urban Area Reserve. CHLP is the proponent for including it as a site eligible for destination resort siting because the parcel has transferred from public to private ownership. Nancy Craven, representative of CHLP, has prepared a findings document supporting the proposed map amendment. This document (without the referenced exhibits) is attached as Exhibit D. B. PLANNING IURISDICTION IN URBAN AREA RESERVE LANDS: The Westgate Parcel is an approximately 116 -acre site located outside the City of Bend but within the Outer Urban Reserve Boundary. Thus, the site is within the City Council Staff Report - PZ #02-421 — July 25, 2003 Page 2 Exhibit G Page. Z of 2 Ordinance '2-©0?- - 03 Urbana. Area Reserve. -and zoned UAR: 1B.. Because the Westgate property is located within the Urban Area Reserve, Deschutes County and the City of Bend share land use planning responsibilities for the site pursuant to.the Joint Management Agreement between the City of Bend and Deschutes County. Under the Joint Management Agreement, the Bend Area -General Plan (BAGP) serves:as.tthe comprehensive: plan fort -the °BentUrban Area, including all land wlth,the u roan .Area Reserve„ The BAGP is not incorporated by reference into the Deschutes County Comprehensive Plan. Rather, it is a distinct. comprehensive plan for purposes of acknowledgement and periodic review. Within the Urban Area Reserve, the BAGP is implemented by the Bend Urban Growth Boundary Zoning Ordinance, adopted as Title 19 of the Deschutes County Code. According to the Joint Management Agreement, the City is responsible for , processing legislative amendments to the BAGP that affect land use planning within the urban growth boundary. The Joint Management Agreement requires the City to notify the County of the proposed changes within ten days prior to the first hearing on the issue by the Bend Area Planning Commission. County recommendations shall be included in the staff report and considered by the Planning Commission. The Planning Commission then forwards its recommendation on the proposed BAGP amendments to the City Council. The City Council may then issue a decision, followed by review by the Board of County Commissioners, or the governing bodies may act jointly on the legislative amendments. Therefore, the BAGP and Title 19 of the Deschutes County Code govern the Westgate Parcel. Any amendments to the comprehensive plan to include the Westgate Parcel within the Destination Resort Overlay must be processed as amendments to the BAGP and will be subject to review by the Bend Urban Area planning Commission, the City Council, and the Board of County Commissioners.,, C. WESTGATE PARCEL LAND EXCHANGE HISTORY: In 1999, the Park District reviewed its long-range plans and determined that it desired to establish a new park along the Deschutes River in Bend on property owned by River Bend Limited Partnership. The Park District determined that the River Bend Limited Partnership property was a superior site for a new park than the Westgate Parcel. Accordingly, the Park District,, the River Bend Limited Partnership and Cascade Highlands Limited Partnership effected a three -party deal in which the Park District exchanged the Westgate Parcel for the River Bend Limited Partnership property, the River Bend Limited partnership conveyed the Westgate Parcel to CHLP, and CHLP donated approximately 14 acres of the Westgate Parcel to the Park District for park use. As part of the Park Exchange, the parties contemplated that CHLP would seek a Destination Resort Overlay for the City Council Staff Report - PZ #02-421 — July 25, 2003 Page 3 Page 3 of `z b Ordinance 2-00 3 —0.3 r • Westgate Parcel and develop it in conjunction with the 1200`DF-zoned acres directly north and west of the Westgate Property, already owned by Cly. Thus, the Westgate Parcel is now in private ownership, and, consequently, it is appropriate for the City and County to amend the BAGP destination resort map to designate the parcel as eligible for destination resort siting. Destination resort, nmaps°are subject,to arnendrnent only during periodic tevlew JADRS -157;4 . Thus, the City of Bend's current periodic review process provides a unique opportunity for the City to amend the BAGP to reflect the ownership changes that have occurred since the 1996 mapping process. 4. APPLICABLE CRITERIA:' A. Bend Area General Plan Future Plan Updates - General Plan Preface: "'The General Plan is a document that changes over time to reflect new Information and new directions for the future. Amendments or additions to the General Plan text, exhibits, and policies go through a public hearing and review process before being adopted by the governing bodies. Changes and updates can be generated in at least six ways:"... "Evaluation of land use topics required to be reviewed under the Oregon. Land Conservation and Development Commission's "periodic review" of the General Plan. The state requires all local plans to be updated periodically to comply with applicable new state laws, administrative rules, or to incorporate new data available to the state." FINDINGS: Draft amendment of Figure 22, as shown on Exhibit C, has been proposed in response to Bend's periodic review of the General Plan, as required by state law. Task 6 of the periodic review work program, adopted by the City in 1999, requires the City to "consider revisions to the mapping of land eligible for destination resort siting on lands in the Urban Reserve Area that are transferred -. #nom-p�tbtrdto prrvate-ownership: rindin s -con ain rfthi� st�ff�re ort ani -in Exhibit D support amendment of General Plan Figure 22 to designate the Westgate property, shown on Exhibit A, as eligible for destination resort siting. Housing and Residential Lands Policy 47- Destination Resorts: City Council Staff Report - PZ #02-421 — July 25, 2003 Page 4 Page_ of 2_ 6 Ordinance Z00'1 —0 3 i "In addition to lands excluded from eligibility for destination resort siting under state law, t#�e`Yoll�owing'�ands wit h the Urban Area Reserve sfiail h"be'ntapped as efigilbl a for 4 1.eslan ;resod $1 ting; (a) All lands owned by public agencies. (b) All lands zoned for surface mining. (c) All lands zoned SR -2 % and all lands platted for subdivisions, (d) Land for which contiguous area not otherwise removed from eligibility is less than 160 acres, except where adjoining land under the same ownership outside the Urban Area Reserve is mapped with the Deschutes County destination resort (DR) overlay. (e) Single parcels, or adjoining parcels in the same or related ownership (including lands outside the Urban Area Reserve) of less than 160 acres. (f) Lands not adjacent to either (1) F1 zoning, or (2) Deschutes County destination resort (DR) overlay adjoining F1 zoning." FINDINGS: In 1996, when the City and County completed destination resort mapping in the Urban Area, the Westgate parcel was excluded from eligibility for destination resort siting because it was owned by the Bend Metro Park and Recreation District when the City and. County amended the BAGP to implement Statewide Planning Goal 8 — Recreational Needs. Pursuant to Policy No. 47, the County and City excluded all lands in public ownership from destination resort eligibility.. The�proponent forrevising..the mapping has�,provided,fndhigs in Exhibit, ;that demonstrate the Westgate, parcel has,subsequently„been transferred-frorn,t•helBend Metro -P --arc and,.Recreation-District�to_pdva6e ownership. Thus, the sole impediment to destination resort eligibility has been removed. Given the status of adjacent property to the north and west as eligible for destination resort siting, it is logical and consistent with General Plan policies. cited above to apply the same designation to the Westgate site. In 1996, the City of Bend and Deschutes County implemented Statewide Planning Goal 8 within the Bend Urban Area Reserve. The City and County amended the BAGP to include a destination resort overlay on the comprehensive plan and zoning maps. The City and County also revised the BAGP to add comprehensive plan policies to govern resort siting within the Urban Area Reserve: (See_=BAGP -:Chapter 5) --tnr 1-999;�the--City-an&C- unty adoptedTa�new chapter ofthe.Bend-Urbana Area Zonin9.0Tdinance to govern destination rEsed siting in the -Urban Area Reserve. jSee Deschutes Counter Code Title 19.106). CONCLUSIONS: Findings of fact contained in this staff report and in Exhibit D support the proposal to amend the Bend Area General Plan Figure 22 to apply the Destination Resort Overlay Zone to the Westgate parcel, as shown on Exhibit C. City Council Staff Report - PZ #02-421'— July 25, 2003 Page 5 1 C Page S of Ordinance 2L�Q -"> 0`3 / RECOMMENDATION: Based on the findings of this report, staff of the City of Bend and Deschutes County recommend approval of this proposal. In addition, following a public hearing held on November 25, 2002, the Bend Planning Commission also acted to recommend approval of this proposal, based on findings contained in this report. City Council Staff Report - PZ #02-421 — July 25, 2003 Page 6 Ll Page -- of 2-L' Ordinance Zc l -03 0 MAI - r ........... . . I I I I I I I I I I I f: �� , .,T � - �_�: Tr ` = � Exhibit A �: 1_'-�4-L J. Amendment to Urban Reserve Area Eligible for.Destination Resort Siting Urban Area Reserve Exhilbft ,*4VtJrban Growth Boundary Page =_ of 2— 6, M Westgate Prop" 0 rd i r, a r: ce, '— Q 02, - I nc ft A4 1 1 a L� Aw� Y_ LI T: 0 MAI - r ........... . . I I I I I I I I I I I f: �� , .,T � - �_�: Tr ` = � Exhibit A �: 1_'-�4-L J. Amendment to Urban Reserve Area Eligible for.Destination Resort Siting Urban Area Reserve Exhilbft ,*4VtJrban Growth Boundary Page =_ of 2— 6, M Westgate Prop" 0 rd i r, a r: ce, '— Q 02, - I nc ft A4 1 1 a L� Aw� Y_ 0 MAI - r ........... . . I I I I I I I I I I I f: �� , .,T � - �_�: Tr ` = � Exhibit A �: 1_'-�4-L J. Amendment to Urban Reserve Area Eligible for.Destination Resort Siting Urban Area Reserve Exhilbft ,*4VtJrban Growth Boundary Page =_ of 2— 6, M Westgate Prop" 0 rd i r, a r: ce, '— Q 02, - I nc ft A4 1 1 a L� 4.j Urban Area Reserve Urban Growth Boundary Areas for Destination Resorts ur,- ED HI I IQ T Ab n - - 7 Exhibit C-- Figure 22 Urban Reserve Area 'hibit Eligible for Dest1natko,A6ScdSitjng—­- Page---- 5— at a� Page — of Ordinance2U n Ordinance . MW r J. n 4.j Urban Area Reserve Urban Growth Boundary Areas for Destination Resorts ur,- ED HI I IQ T Ab n - - 7 Exhibit C-- Figure 22 Urban Reserve Area 'hibit Eligible for Dest1natko,A6ScdSitjng—­- Page---- 5— at a� Page — of Ordinance2U n Ordinance . MW r n 4.j Urban Area Reserve Urban Growth Boundary Areas for Destination Resorts ur,- ED HI I IQ T Ab n - - 7 Exhibit C-- Figure 22 Urban Reserve Area 'hibit Eligible for Dest1natko,A6ScdSitjng—­- Page---- 5— at a� Page — of Ordinance2U n Ordinance Urban Area Reserve Urban Growth Boundary Areas for Destination Resorts ur,- ED HI I IQ T Ab n - - 7 Exhibit C-- Figure 22 Urban Reserve Area 'hibit Eligible for Dest1natko,A6ScdSitjng—­- Page---- 5— at a� Page — of Ordinance2U n Ordinance n Exhibit "0." Findings in Support of Plan Map Amendment Destination Resorts Designation (File No. PZ -02-421). Exhibit Page --L—O of 2� Ordinance Zet 3 o3i BEFORE BEND URBAN AREA PLANNING COMMISSION RE: PERIODIC REVIEW WORK PROGRAM TASK NO. 6: DESTINATION RESORT MAPPING REVISIONS A. INTRODUCTION The City of Bend is currently engaged in a periodic review of its comprehensive plan, the Bend Area General Plan ("BAGP'), in accordance with state law. Task No. 6 of the City's Periodic Review Work Program (the "Work Program') provides that the City will "consider revisions to the mapping of land eligible for destination resort siting .on lands in toe Urban Reserve Area that are transferred from public to private ownership." This memorandum addresses Task No. 6 and summarizes the reasons why the, •`Westgate Parcel," owned by Cascade Highlands Limited Partnership (••CHLP") and located within Bend's Urban Area Reserve, should be mapped as eligible for destination resort siting due to its recent transfer from public. to private ownership. B. BACKGROUND 1, Land Use Planning Jurisdiction Over Urban Area Reserve Lands The Westgate Parcel is an approximately 116 -acre parcel located outside the City of Bend but within the Urban Growth Boundary ("UGB"). Thus, the parcel is within the Urban Area Reserve and zoned UAR-10. (Lands with the Urban Area Reserve designation lie between the City's UGB and Urban Reserve Boundary, also referenced_ as the outer and inner urban growth boundaries respectively.) The map attached as Exhibit A identifies the exact location of the Westgate Parcel. Because the Westgate parcel is located within the Urban Area Reserve, Deschutes County and the City of Bend share land use planning responsibilities for the site pursuant to the Joint Management Agreement ("JMA') between the City of Bend and Deschutes County (Exhibit B). Under the JMA, the BAGP serves as the comprehensive plan for the Bend Urban Area,, includin -all landimith the Urban Area Reserve., The BAGP is not incorporated by reference into the Deschutes County Comprehensive Plan. Rather, it is a distinct comprehensive plan for purposes of acknowledgement and periodic review. Within the Urban Area Reserve, the BAGP is implemented by the Bend Urban Growth Boundary Zoning Ordinance, adopted as Title 19 of the Deschutes County Code. Pursuant to Section 4(A) of the JMA and Article VI of Exhibit B to the JMA, the City is responsible for processing legislative amendments to the BAGP that affect land use planning within the urban growth boundary. The JMA requires the City to notify the County of the proposed changes within ten days prior to the first hearing on the issue by the Bend Area Planning Commission. County recommendations shall be included in the staff report and considered by the Planning Commission. The Planning Commission then forwards its Exhibit fir Page of 3� ::0DMAWCD0CS\P0RTlAND128773211 Ordinance 203 123 .11 ­ 0 0 00 00 Before the Bend Urban Area Planning Commission April 24, 2002 recommendation on the proposed BAGP amendments to the City Council: The City Council may then issue a decision, followed by review by the Board of County Commissioners, or the governing bodies may act jointly on the legislative amendments. In short, the Westgate Parcel is governed by the BAGP and Title 19 of the Deschutes County Code. Any amendments to the comprehensive plan to include the Westgate parcel within the Destination Resort Overlay must be processed as amendments to the BAGP and will be subject to review by the Bend Urban Area Planning Commission,.the City Council, and the` Boaid of Countl+-Co"mnti onets. 2. Destination Resort Mapping History In 1992, Deschutes County implemented Statewide Planning Goal Sand the associated destination resort statute, ORS 197.435 to 197.467, by mapping,eounty lands as eligible for destination resort siting and creating a destination resort ordinance (DCC Chapter 18.113). However, consistent with the land use planning responsibilities set forth in the JMA and described above, the County recognized that lands within the Bend UGB are subject to the BAGP rather than the County Comprehensive Plan. Thus, the County did not include lands within the Urban Area Reserve in its 1992 destination resort mapping process. However, in 1996, the City of Bend and Deschutes County -implemented Goal,8 within the Bend Urban Area Reserve.. ;The City and -County amended the BAGP to include a destination resort overlay on the comprehensive plan and zoning maps..(County Ordinance No. 96-056; City GouncilResolution 2175). The City and County also revised the BAGP to add comprehensive plan policies to govern resort siting within the Urban Area Reserve. (See BAGP, Chapter 5). In 1999, the City and County adopted anew chapter of the Bend Urban Area Zoning Ordinance to govern resort siting in the Urban Area Reserve. -(See DCC $ 19.106; County Ordinance No. 99-001). BAGP Chapter 5, as revised, states the following with respect to destination resorts in the Urban Area Reserve: - - Tlie U an Reserve em also has some potential fo 3estmation resorts, those developments providing visitor -oriented accommodations and recreational facilities in a setting with high natural amenities. Sunriver and Black Butte Ranch in other parts of the county are examples of destination resorts. Oregon's land use laws provide for the mapping of lands that are suitable and appropriate for destination resorts using specific eriteria. In 1996 the Urban Reserve lands were evaluated using these criteria, and approximately 1,960 acres in the west and south parts of the Urban Reserve area were mapped as eligible for siting of destination resorts. The areas within the Urban Reserve in which destination resorts may be sited are shown in Figure 22 on page 5-2b. Exhibit Page _214--:_' __Z-_&_ 2.. Ordinance s 7 :ODMAVKV0CS%P0RTLANDk287732%1 W Before the Bend Urban Area Planning Commission April 24, 2002 BAGP Chapter 5 then sets forth the following policies to govern the siting of destination resorts in the Urban Area Reserve: Destination Resorts 47. In addition to lands excluded from eligibility for destination resort siting under state law, the following lands within the Urban Area Reserve shall not be mapped -as eligible --for destination resort siting: (a) Ali lands owned by public agencift (b) All lands zoned for surface mining. (e) All lands zoned SR -2 % and all lands platted for subdivisions. (d) Land for which contiguous area not otherwise removed from eligibility is less than 160 acres,, except where adjoining land under the same ownership outside the Urban Area Reserve is mapped with the Deschutes County destination resort (DR) overlay. (e) Single parcels, or adjoining parcels in the same or related ownership (including lands outside the Urban Area Reserve) of less than 160 acres. (fl Lands not adjacent to either (1) F1' zoning, or (2) Deschutes County destination resort (DR) overlay adjoining Fl zoning. 48. Destination resorts, as defined by state law, shall only be allowed in areas designated for such use as shown on the adopted destination resort map. An exception to statewide goals relating to agricultural lands, forestlands, public facilities and services or urbanization is not needed for development of a destination resort on the eligible lands in the urban area. 49. A destination resort within the Urban Area Reserve shall be served by municipal water and sewer service or an approved - --- ��muuiity=water andsewer service for_domestic use --- 50. No destination resort master plan shall be approved in the Urban Area Reserve until the county, pursuant to its management agreement with the city, has adopted destination resort development standards that, at a minimum, satisfy the standards in state law. 51. Any destination resort developed within the Urban Area Reserve shall provide a sufficient open space buffer between any development and the Deschutes National Forest lands to protect Exhiaii C_ Page , Page 3 of 2 Ordinance Z�> 3 -0 7 1 3 ::ODMAWCDOCS%PORTLAND\287732\ 1 Before the Bend Urban Area Planning Commission April 24, 2002 against wildfires and to protect the scenic values and wildHfe values of the forest. 52. Destination resorts shall provide for any arterial or collector streets that are shown on the transportation system plan map to be extended through the site, or as needed as a result of a tmffiic study. 53. Destination resorts shall provide for pedestrian and bicycle access through the development from the urban area to the National Forest and/or other public lands such as parks, scenic areas, and designated trails. Although the Westgate Parcel is within the Urban Area Reserve and immediately, adjacent to the 1,960 acres mapped as eligible for destination resort siting in 1996, the parcel was excluded from eligibility for destination resort siting because: -tit was ow-nc&b. y-Ihe Ben&MetM. Park -and aecreation Distnal"the ParlrDilstrict") when the City and County amended ibe BAGP ty .. to mpiemeni'Goal ,8 Pursuant to Polrcy l0 4,>quall oted above, the Coun and City.excluded lands;inpublia,ownersh p.,from destination resort eligibility. However, as described below, the Westgate Parcel has since been transferred to private ownership. Thus, the sole impediment to destination resort eligibility has been removed. 3, K'estaate Parcel Land Exchange History In 1999, the Park District reviewed its long-range plans and determined that it desired to establish a new park along the Deschutes River in Bend on property owned by River Bend Limited Partnership ("RBLP"). The Park District determined that the RBLP Property was a superior site for a new park than the Westgate Parcel. Accordingly, the Park District, R13LP and Cascade Highlands Limited Partnership ("CHLP"). effected a three -party deal in which the Park District exchanged the Westgate Parcel for the RBLP Property, RBLP conveyed the Westgate Parcel to CHLP, and CHLP donated approximately 14 acres of the Westgate Parcel to the Park District for park use (the "Set -Aside Parcel'). This deal was governed by.a June 18, 1999 Memorandum of Understanding ("Jv10U" ), attached hereto as Exhibit C. This so-called -: "Park Exchange convened ttie�West$ate Parcel-l�ss�ie=Set=�4side�ar��e4`i=-from public an to private land. (See quitclaim and warranty deeds effectuating conveyances.govemed by MOU, recorded on June.18, 1999 as Deschutes County Records, N101. 1999, Pg. 30335; Vol. 1999, Pg. 30336; VOL 1999, Pg. 3034.0). As part of the Park Exchange, the parties contemplated that CHLP would seek -a Destination Resort ("DR') Overlay for the Westgate Parcel and develop it in conjunction with the 1,200 DR -zoned acres directly north and west of the Westgate Property, already owned by CHLP (the CHLP property extends from the Westgate Parcel north to Skyliners Summit Road. Additional acreage north of Skyliners Summit Road. is zoned with the DR overlay but is not owned by CHLP). This plan was discussed and negotiated by the parties and, as a part of the deal, CHLP agreed to certain development restrictions, including height limixations, to guide E=xhibit - Page of 2 U' Ordinance 1 4::ODMA%PCflOCS\PORTLANr)\287732\1 Before the Bend Urban Area Planning Commission April 24, 2002 future destination resort development in a manner that would protect the sitar's natural and open space values. (See Exhibit Q MOU, § 22; City of Bend Resolution No. 196, § 9). The , development restrictions were recorded as covenants to and for the benefit of the Park District. (See Declaration of Covenants, Deschutes County Records Vol. 1999, Pg. 30341). Thus, the Westgate Parcel is now in private ownership, and, consequently, it is appropriate for the City and County to amend the BAGP destination resort map to designate the parcel as eligible for destination resort siting. ;Destination resort maps are subject to amendment only during periodic review. ORS 197.455. Thus, the City of Bend's current periodic review process provides a unique opportunity for theCity to amend the BAGP to reflect the ownership changes that have occurred since the 1996 mapping process. 4. PoL;cies in Support of Destination Resort Map Revisions When the City initiated periodic review, the County %vas asked to comment on the proposed work program. In a March 11, 1999 letter to the City, the Board of County Commissioners specifically requested that the Work Program include a work task to revise the BAGP destination resort map to include properties that had changed from public to private ownership subsequent to the 1996 mapping. (Exhibit D). The letter describes the Westgate Parcel land exchange and emphasizes that all parties to the transfer intended that the Westgate Parcel be eligible for destination resort siting following the conversion from public to private ownership: In order for the Westgate property to serve these identified benefits if the exchange is finalized, it needs to be designated with the Destination Resort (DR) Overlay as have been applied to the other privately -owned contiguous lands. The Westgate parcel, if in private ownership, is eligible for the DR designation as it is similarly situated to the other DR lands and'its designation is consistent with the Bend Area General Plan policies related to the eligibility and development of resorts on the lands on Bend's western fringe. Thep review process offers Deschutes County and the City of Bend the opportunity to update its General Plan. By state -law, the existing destination resort reap can only be amended during periodic review (ORS 197.455), so the amendment of the existing destination resort map as a part of the pending periodic review is crucial. The potential exchange is an event that was not anticipated in 1996 when the City and County jointly mapped the lands eligible for destination resort development. As a result, this constitutes a change in circumstances that should be dealt with as the City and County update the General Plan. Exhibit Page _ `- of Z� Ordinance Zn2 p 0 ::ODM AWDOMPORTLAND128773211 0 00 Before the Bend Urban Area Planning Commission April 24, 2002 Not only does the letter from the Board of Commissioners emphasize the importance of revising the destination resort map at this juncture, it also confirms that the, DR Overlay is appropriate for the Westgate Parcel due to its contiguity with the other DR -mapped properties in the Urban Area Reserve. The UAR-10 zoned properties to the north and west of the Westgate Parcel were mapped as eligible for resort siting due to their collective size, proximity to services, natural and recreational amenities, and their location between the resource lands immediately to the west (Deschutes National Forest) and the existing urban development to the east. In. addition to the general Goal 8 siting criteria set forth in ORS 197.455 and addressed below, the City and County considered additional siting criteria to limit resort siting within the Urban Area Reserve to a level that would allow the Reserve to continue to fulfill its purpose as a holding category for future urban development (See Exhibit E: Staff Report from 1996 mapping decision). The criteria' can be summarized as follows: 1. Lands inside the Inner Urban Growth Boundary. Urban lands within the UGB were excluded from eligibility because Goal 8 authorizes destination resorts on rural lands only. 2. Lands owned by public agencies. The County and City concluded that destination resort development is most appropriate forprivately owned land and, consistent with past mapping practices, excluded publicly owned lands from the DR Overlay. 3. Ownerships of less than 160 acres: Because a minimum of 160 acres is required for a destination resort under ORS 197.445(1), the City and County excluded isolated tracts/ownerships of less than 160 acres if those tracts were not adjacent to DR -zoned land outside of the UGB. 4. Land zoned Surface Mining SM . Statewide Planning Goal 5 - _=-- - encourages the protection of and ultimate utilization of identified aggregate resources before a property iyrez yed for– a=subiez�ueatt.:_ use. Consistent with the criteria employed b the County in its 1992. mapping process, the City and the County chose to exclude SM -zoned lands to protect aggregate resources. 5. Land zoned SR 2.5 -zoned and Platted Subdivisions. Due to their size (less than ] 60 acres), ownership, and existing or planned. development patterns, the City and County chose to exclude small tracts with the SR 2.5 zoning designation and existing or platted subdivisions. The City and County reasoned that it was unlikely that enough small SR 2.5 -zoned parcels could be aggregated to produce -.enough land for a resort, particularly given the existing Exhibit � � Of Page 1_____-— Ordinance 6 ::ODM ATCDOCS%PORTLAN Dv? 87 732`.1 Before the Bend Urban Area Planning. Commission April 24, 2002 development and platting pattern. The City and County also'noted that destination resorts are not a permitted use in the SR 2.5 zone. 6. Transitional Uses. Finally, the City and County excluded those. properties whose conversion to a destination resort use might negatively impact the orderly expansion of the urban area. Specifically, the City and County excluded properties that would not offer a transition from urban level development to resource or recreational uses. This included properties that were surrounded by zoning other than Fl. By application of the above -referenced -criteria, the City and County narrowed the properties eligible for the DR Overlay to approximately 1,960 acres of UAR-10 lands located on the west side of the Bend Urban Area. (BAGP, Ch. 5, Fig. 22). The City and County concluded that the mapping of these properties was consistent with the BAGP and would allow for the potential development of recreational facilities and resorts which do not have a negative impact on the orderly expansion of the urban area. The City and County noted that these properties are located so that a quasi -urban use such as a destination resort is an appropriate transition between urban levels of development and natural resource or recreation uses. In particular, the 50'/0 open space requirement in the destination resort statute will ensure a gradual transition from the dense urban developmentwithin the city limits to the undeveloped forest lands. Because no further urban development is feasible or probable on the private F -I lands or public Deschutes National Forest lands to the west of the DR -zoned properties, there is no potential for inappropriate 9cap- frog" development. The destination resort mapping criteria and the additional Urban Area Reserve mapping criteria imposed by the City and County support the application of the DR overlay to the Westgate Parcel. The DR overlay is appropriate for the Westgate Parcel for the very same reasons that it was appropriate for the surrounding UAR-10 properties, including the contiguous 1,200 acres owned by CHLP. The parcel is zoned UAR-1 0 and not previously developed or plaited for urban use. The parcel is approximately 116 acres in size and is in common ownership with the adja cres-under:the-DR-overlay _cher-efore, in conjunction- with the adjacent DR -zoned properties owned by CHLP, the parcel will Provide sufficient acreage -for a destination resort. Furthermore, developed as a destination resort in conjunction with the adjacent DR - zoned lands, the parcel will provide the necessary transition between the residential lands to the east and the forest lands to the west.. Finally, the parcel does not contain the SM overlay, and following the Park Exchange, is no longer owned by a public agency. Thus, it mimics the characteristics of the adjacent UAR-10 lands that were chosen for destination resort. mapping in 1996. Consequently, it is appropriate to extend the DR -overlay to include the Westgate Parcel during the City of Bend's periodic review process. C. DESTINATION RESORT MAPPING CRITERIA It Exhibit "C_ Page --L2— of 2j - rdirsance 20,23 —Q s t • 0 r)M A%PrrXX.S%P0RT1ANDV87732%1 Before the Bend Urban Area Planning Commission April 24, 2002 As detailed below, mapping of the Westgate Parcel is consistent with all applicable criteria in Goal 8, ORS 197, and the BAGP Chapter. In addition, the proposed mapping is also consistent with all other applicable statewide planning goals. All additional siting criteria set forth in Goal 8 and ORS 197 not specifically addressed below were previously addressed by the City and County and incorporated into the BAGP and DCC Title 19 during the 1996 mapping process and the 1999 destination resort ordinance adoption process. The existing criteria, goals, and policies developed by the City and County in 1996 and 1999 are sufficient to govern the siting of resorts on the Westgate Parcel. i, Statewide planning Goal 8 and ORS 197.455 Pursuant to Goal 8 and ORS 197.455, the BAGP destination resort map shall not allow destination resorts approved to be sited in any of the following areas. (a) Within 24 s:: miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort; According to the Center for Population Research and Census at Portland State University, the official center for providing information on city and county populations within the state, the City of Bend has a current population of approximately 50,000 people. The closest urban growth boundary with a population exceeding 100,000 would be either the Eugene/Springfield or Salem areas, both of which are more than 100 miles from the Westgate Parcel. (b) On a site with 50 or more contiguous acres of unique or prime farm land identified and mapped by the Soil Conservation Service; or within three miles of farm land within a High Volue.Crop Area except that small destination resorts shall not be closer to a high value crop area than one-half mile for each 25 units of overnight lodging or ---- Deschutes County does not contain unique farmland, as stated in the findings adopted by the Board of County Commissioners in support of the 1992 and 1996 ordinances for destination resort mapping. Additionally, although there are several tracts of prime farmland in the Urban Area Reserve, the Westgate Parcel has not been designated as prime farmland by the ' is defined in Natural Resource Soil Conservation Service. Finally, "HighValuef commercial farms capable of ORS 197.435(1) as "an area in which there is a oss -Mueconcentraacre peryear.-Oil The producing crops or products with a minimum gross value of 51000 per p Westgate Parcel does not contain a commercial farm, nor is it adjacent to commercial farms producing high value crops. Deschutes County and the City determine othrough re sthe 199the an County. 1996 destination resort mapping ordinances that there are no high Exhibit c ordin=ance -0f)MA\'PCDCI--S\P0RTLANo1287 73211 Before the Bend Urban Area Planning Commission April 24, 2002 (e) On predominantly Cubic Foot Site Class 1 or 2 forest lands as determined by the State Forestry Department, which are not subject to an approved goal exception; There are no Cubic Foot Site Class 1 or 2 forest lands within Deschutes County. As explained in the Destination Resort Handbook published by DLCD, Cubic Foot Site Class 1 and 2 lands are limited to western Oregon. (See Handbook, P. 8). (d) In the. Columbia River Gorge National Scenic Area as defined by the Columbia River Gorge National Scenic Act, P.L. 99-663; Deschutes County is not part of the Columbia River Gorge National Scenic Area. (e) Especially sensitive big game habitat as generally mapped by the Oregon Department of FIsh and Wildlife in July 1984 and as further refined through development of comprehensive. plans implementing this requirement. The Urban Area Reserve is not included within the Wildlife Area designations established under Title 18 of the Deschutes County Code. Therefore the Westgate Parcel does not contain especially sensitive big game habitat. 2. Bend Area General Plan, Chapter S Destination Resort Policies Chapter 5 of the BAGP provides the following additional destination resort siting and mapping policies. As detailed below, mapping of the Westgate Parcel is consistent with the subject policies. 47. In addition to lands excluded from eligibility for destination resort siting under state law, the following lands within the Urban Area Reserve shall not be mapped as eligible for destination resort siting: -All lands. owned by public agencies. As explained in detail above, the Westgate Parcel was owned by the Park District at the time of the 1996 destination resort mapping of the Urban Area Reserve. However, the Park District conveyed the property to RBLP, which in turn conveyed the property to CHLP as pari of the Park Exchange in 1999. Consequently, the property is no longer owned by a public agency and is therefore eligible for destination resort siting. The Westgate Parcel is now part of a 1,200 -acre tract owned by CHLP, the remainder of which is already mapped with a DR overlay. (b) . All lands zoned for surface mining. The Westgate Parcel is zoned UAR-10 and not subject to a surface mine overlay. Exhibit 4 ::ODMA\PCDOCS:PORTLAND\287732\ Before the Bend Urban Area Planning Commission April 24, 2002 (e) All lands zoned SR -2 % and all lands platted for subdivisions. Following the Park Exchange, the Westgate Parcel is now in private ownership and is zoned UA.R-10. Fwthenmre, the parcel is not currently developed or platted for subdivisions. (d) Land for which contiguous area not otherwise removed from eligibility its less than 160 acres, except where adjoining land under the same ownership outside the Urban Area Reserve is mapped with the Deschutes County destination resort (DR) overlay. The Westgate Parcel is less than 160 acres (approximately 116 ages). However, CHLP, the owner of the subject property, also owns the 1,200 acres that adjoin the parcel to the north and the west. The subject 1,200 acres are also with the Urban Area Reserve and are mapped with the DR overlay. Therefore, the entire CHLP tract (the contiguous area under single ownership) significantly exceeds the 160 -acre limit. (e) Single parcels, or adjoining parcels In the same or related ownershlp ,(including lands outside the Urban Reserve Area) of less than 160 Beres. As discussed above,.because the 1,200 -acre property directly north and west of the Westgate Parcel is under the same ownership and has the DR overlay, the tract containing the Westgate. Parcel exceeds thel 160 acre minimum.. (f) Lands not adjacent to either (1) F1 zoning, or (2) Deschutes County destination resort (DR) overlay adjoining Fl zoning. The property directly north and west of the Westgate Parcel is mapped with the DR Overlay. That adjacent property adjoins Fl -zoned lands on the western boundary. Thus, consistent with this criterion, the Westgate Parcel is adjacent to DR -zoned land that adjoins Fl - zoned property. 3, Compliance with Other Applicable Statewide Planning Goals (a) Goal Mapping of the Westgate Parcel will be consistent with Goal 1, citizen involvement, so long as the City and County follow the requisite procedures set forth in the JMA. This shall include review by the City Planning Commission, City Council, and Board of County Commissioners, with the opportunity for public comment. Exhibit' ItC_ Ordinance 2-60Z. 10 ::0DMA\PCD0CS\P0RTLAN0\28773:\1 Before the Bend Urban Area Planning Commission April 24, 2002 (b) Goal Mapping of the %' ,`estgate Parcel will be consistent with Goal 2, land use planning, so long as the City and County set forth the factual basis for their final decision approving the amendments to the BAGP. The facts in support of the mapping proposal are set forth above. (c) Goal Mapping of the Westgate Parcel will be consistent with Goal 3, agricultural lands, because OAR 660-033-0120 authorizes destination resorts on agricultural land if such resorts are approved pursuant to Goal S. Goal 8 allows comprehensive plans to provide for the siting of destination resorts on rural lards without a Goal 2 exception to Goals 3, 4, 11, or 14. The mapping of the Westgate Parcel is consistent with the Goal 8 provisions designed to protect agricultural land, including the restriction on siting resorts on 50 or more contiguous acres of prime or unique farmland or within three miles of land within a High -Value Crop Area, because the Westgate Parcel does not contain prime or unique farmland, nor is it designated as a High - Value Crop Area (d) Goal Mapping of the Westgate Parcel will be consistent with Coal 4, forest lands, because OAR 660-006-0025(3)(n) allows destination resorts reviewed and approved pursuant to ORS 197.435 to 197.465 and Goal 8 to be sited outright in forest zones. Goal 8 allows - comrnprehensive plans to provide for the siting of destination resorts on rural lands without a Goal 2 exception to Goals 3, 4, 11, or 14. Mapping of the Westgate Parcel is consistent with the Goal 8 provisions designed to protect forest land, including the restriction on siting iesorts on Cubic Foot Site Class 1 or 2 forest lands because the site is not zoned for forest use and there are no Class 1 or 2 forest lands in Deschutes County. (c) Goals Mapping of the Westgate Parcel will be consistent with Goal 5, Open Spaces, Sce-nicAd_jistoric Areas and Natural Resources because the BAGP and Title 19 require the preservation of designated Goal 5 resources located on any tract used for a destination resort through design techniques, open space dedication, or conservation easements recorded with the property records for the tract. Furthermore, consistent with the BAGP destination resort policies, all SM -zoned parcels have been excluded from the DR overlay. (i) Goal . Mapping of the Westgate Parcel will be consistent with Goal 6, Air, Water, and Land Resources Quality because the BAGP and Title 19 impose siting standards requiring the maintenance of important natural features, including streams, rivers, and significant wetlands. The siting standards also regulate uses and alterations within the 100 year flood lain and on Exhibit Ordinance j j::0DMA\PC'D0CS\P0RTtAND\287732\1 Before the Bend Urban Area Planning Commission April 24, 2002 slopes exceeding 25 percent as specified in Goal 8 to minimize the adverse environmental impacts of the resort on the site and the surrounding area. These regulations will guide future resort siting on the Westgate Parcel. (p) Goal? Mapping of the Westgate Parcel will be consistent with Goal 7, Areas Subjed to Natural Hazards because the BAGP and Title 19 impose siting standardsfi d d in alterations within the 100 year floodplain and on slopes exceeding 25 percent as sp= Goal 8 to minimize the adverse environmental impacts of the resort on the site and the surrounding area, Particularly in areas subject to natural hazards. These regulations will guide future resort siting on the Westgate Parcel to ensure compliance with Goal 7. (b;) coal Mapping of the Westgate Parcel will be consistent with Goal 9, Economy of the State, because it is a policy of the state to promote Oregon as a vacation destination and to encourage tourism as a valuable segment of the state economy (ORS 197.440(1)), and the legislature has recognized that the establishment of destination resorts will provide jobs for Oregonians and cont ibute to the state's economic development (ORS 197.440(2)). Deschutes County and the City of Bend are furthering this policy and enhancing the state and local economy by implementing Goal 8 to allow the siting of destination resorts without an exception to statewide planning goals on all appropriate private lands within the Urban Area Reserve, including the Westgate Parcel (1) Goal 10 Mapping of the Westgate Parcel will be consistent with Goal 10, Dousing, because destination resorts provide opportunities for housing in rural areas otherwise ineligible for large-scale residential development. The variety of housing options allowed within a resort would not otherwise be permitted on the Westgate Parcel due to the UAR-10 zoning designation. O Goal 11 Mapping of the Westgate Parcel will be consistent with � 111, publicions Facilities and Services, because Goal 8, the BAGP, and the Title 19 implementing gu developers to provide sewer and water facilities at the resort, or to conned to existing sewer or water service if the development bears all costs related to the extension and any capacity increase. Consistent with Goal 11, lines connecting a resort to a sewer or water system must be sized to meet only the resort needs and cannot extend service to rural areas outside the resort without an approved goal exception. Goal 8 allows comprehensive plans to provide for the siting of destination resorts on rural lands without a Goal 2 exception to Goals 3, 4, 11, or 14. The and title 19 regulations will limit public facility extensions consistent existing BAGP policies with Goal l 1. ExhibitC Page Z tai Grdinamce, ZCXI7� � 3 f 1 1 : •ODMA\PCDOCSIivRTLAi4=87732%1 Before the Bend Urban Area Planning Commission April 24, 2002 (k) Goal 12 Mapping of the Westgate Parcel will be consistent with Goal 12, Transportation, because Goal S, the BAGP, and the Title 19 implementing regulations require the resort to be constructed so that it is not designed to attract highway traffic through the use of extensive outdoor advertising signage. Title 19 also requires analysis of transportation impacts of specific resort proposals at the time of future development review. DCC I9.106.050(B)(2). This requirement, combined with the resort approval criteria governing transportation impacts (DCC 19.106.070((3)), will ensure compliance with the Goal 12 administrative rules (including the Transportation Planning Rule, OAR 660-012-0060), by _requiring resort developers to -show that resortprnot, significantly impact.any affected transportation faidlities. Furthermore, thc.Westgate Parcel and the adjacent DR -zoned lands to the west . and .the north were.part of the Westside.. Consortium Development Agreements adopted by the City and County l0 ensure that City transportation facilities would be. adequate to support all existing development:and all new development contemplated in the immediately.foreseeabe future for the -West Side of Bend. The City and County determined that a system -wide fix was necessary to remedy the system -wide deficiency.in the West Side Transportation System in order to support the contemplated new development. The Consortium Agreements provided a mechanism for constructing the 1 l distinct traffic system improvements required to support the contemplated new development. Deschutes County adopted the Development Agreement between the County, the City and CHLP in November, 2000 (Ordinance No. 2000-034) and the City approved the Agreement in October, 2000 (Ordinance NS -1757). (Exhibit 1). The Agreement describes the CHLP development as f©llows: 2.16 The CHLP Proposed Development (as defined in Section 4) includes a Destination Resort. Pursuant to Deschutes County Code Section 19.106, the City road systems would be affected by the CHLP Proposed Development Accordingly, the impact. of CHLP's Proposed Development on the City has been included in tho.trafnc study (the' Tr-a-ffic-Study„)-pr-epared-by-lCittelson Associates, the traffic consultant retained by the Property Owners. Both the City and the County have reviewed the study. 4.1 In future land use applications for the CHLP Property, CHLP expects to seek (1) approval of a conceptual master plan ("CMP") and final master plan ("FMP") for a destination resort (the "Destination Resort").' CHLP currently expects the Destination Resort will have the following components: a 200 -room conference hotel, a 280 -room resort hotel, an 18 -hole golf course, ,rG i Exhibit 13 %0DNI A\PCD& RTL 8 2'sl Z w Ordinance Zi-oP --(::,'3 1 Before the Bend Urban Area Planning Commission April 24, 2002 15,000 square feet of retail uses in conjunction with the resort, 96 condornimums and 198 multi -family dwellings ,and:294 -single- ..family-dwellings; (2) single-.:family-dwellings;:(2) approval of various discretionary approvals subsequent to the approval of the CMP and FW related to subdivisions, lot line adjustments, conditional use, site plan or variances as necessary to implement the approvals in (1) above; and (3) approval of subdivision and associated plats for fifty-three lots of single-family dwellings in the URA -10 zoning; not as a part of the Destination Resort. Collectively, 1, 2, and 3 are bereinafte r referred to as the `Proposed Development." 42 For the purpose of determining the amount and kind of Off - Site Transportation Impact Mitigation required of CHLP's Proposed Development and the rights of CHLP vested herein, CH1.P,agrees That 1be densityofits Proposed Development shall. '� no_exceed 294 single-farm'l dwellings, 98 multi .f► .: dwellings; 9b condominiums, i 5;000 square fed of retail,l$-h©le golf course, 280-raom;:resort`hotei-and:200-morn conference boiel, (collectively►; the --Maximum Density"). The Maximum Density has been used by the Parties in the supporting Traffic Study to determine the estimated number of vehicle trips to be generated by the Proposed Development. To the extent that CHLP changes its mix of development to respond to market conditions but does not increase the number or distn'bution of estimated vehicle trips, CHLP shall not be deemed to have exceeded its Maximum Density. To mitigate the impacts of the proposed development, the Development Agreement requires CHLP to make a non-refundable Five Hundred Thousand Dollar ($300,000) contribution to the City of Bend toward the cost of construction of the Southern Bridge (See Exhibit F: Development Agreement, § 12.1). The Development Agreement and the associated City and County n�7ngsad --ted in support-=ofthe=Cot sortiiim-=ofaffirm that this mitigation is sufficient to mitigate CHLP's impact on the City transportation systems: 12.4 The City has reviewed the Traffic Study and agrees, as an affected jurisdiction, that .CHLP's Contribution to be provided pursuant to this Development Agreement and the Projects to be provided pursuant to the Bridge LID Petition and the Intersection LID Petition shall be deemed to mitigate CHLP's impact on City transportation systems and satisfy CHLP's obligation to provide Off -Site Transportation Impact Mitigation in connection with the :Maximum Density of the Proposed Development set forth in Sectior4 sq that, with respect to City transportation obligations, chi it Page ... of z (o OrdinanceZ oPl -O0 3 1 t A••nnMA%ACDOC'S,PORTtAND1287732%I Before the Bend Urban Area Planning Commission April 24, 2002 the Proposed Development is vested. The County aclmowledges and accepts this determination. The City shall neither require nor recommend any additional transportation -related exactions or any further traffic studies relating to Oft Site Transportation Impad Mitigation within the City limits in connection with or as a condition to the approval of CHLP's Proposed Development this shall include, but not be limited to, construction of off-site streets or intersections, improvement of off-site intersections or other existing off-site transportation facilities, construction of off-site bicycle paths or pedestrian trails and dedication of off-site rights- of-way for any of the above -identified purposes. Notwithstanding the foregoing, CIHL.P's rights which are vested herein are dependent upon the Maximum Density of the proposed Development set forth in Section 4 which is tied to the estimated number of vehicle trips to be generated by such Maximum Density. The Parties hereto understand that the mix of uses that make up the Maximum Density could change based on market forces. However, to the extent that CHLP submits land use applications that would increase the number of vehicle trips to be generated by the Proposed Development, the Proposed Development may be subject to additional off-site transportation exactions within the City limits based upon projected transportation impacts on City transportation facilities from the increased density, consistent with City policies and regulations. The Parties agree that this Development Agreement does not, however, resolve any issue relating to (1) transportation requirements as a result of the proposed Development's impact on County or State transportation facilities;, or (2) on-site transportation requirements. These County and State transportation and on-site transportation issues are reserved for future discretionary land use approval, and the County may require fnMc-(studies-and reviews=relating-thereto =- x -- As illustrated by Exhibit B to the Development Agreement, the Westgate Parcel is included in the lands contemplated for the CHLP destination resort development and governed. by the Agreement. Therefore, the impacts of siting a destination resort on the Westgate Parcel were analyzed during the Westside Consortium process, and the mitigation measures imposed on the parcel though the Development Agreement are sufficient to ensure that any impacts on affected transportation facilities within the City will be adequately mitigated, consistent with Goal 12 and OAR 660-012-0060. Impacts on County facilities outside of the Bend Urban Area will be addressed during future development review pursuant to DCC 19.106.050(B)(2) and .070(G). Exhibit Ic G Page -1-fi-I Of �rai��ar�ce Zoo 3 -- 15 ::DDMA%PCDOCSXPORTLANDk287732%f Before the Bend Urban Area Planning Commission April 24, 2002 (1) Goal 13 Mapping of the Westgate Parcel will be consistent with Goal 13, Energy, because the consolidation of a variety of land uses within a destination resort site maximizes energy conservation through efficient land use. The Westgate Parcel is immediately adjacent to 1,200 acres of DR -zoned land in common ownership. Therefore, the proposed mapping wiil allow the subject had to be efficiently developed for resort uses. (ID) . Goal 14 Mapping of the Westgate Parcel will be consistent with Goal 14, Urbanization, because Goal 8 allows comprehensive plans to provide for the siting of destination resorts. an rural lands without a Coal 2 exception to Goals 3, 4, 11, or 14. Urban -level development associated with destination resorts will be confined to the resort boundaries and approved pursuant to the siting regulations set forth in the BAGP and Title 19. (n) Goals 15 through 19 Goals 15, 16, 17, 18 and 19 are not applicable because they govern resources not present in Deschutes County. D. CONCLUSION This history and unique characteristics of the Westgate Parcel support the application of the DR Overlay zone to the site. The application of the. DR Overlay will implement the destination resort policies of the BAGP.and will render the site consistent with the remainder of the DR -zoned CHLP property within the Urban Area Reserve, thereby facilitating the orderly transition from the dense urban development of the CHL:P tracmt �Pursu e City lIt o Descts to hutes County's undeveloped Deschutes National Forest west request, the City should map the Westgate Parcel for destination resort development, as contemplated by Task 6 of the City's periodic review work program. Exhibit C, r - ^nom __Z � of 9,r. Ordinance 7�501- -cl3 1 16 ::0DMMPC00G'S\P0RTLAND\28773211