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2007-1647-Ordinance No. 2007-005 Recorded 12/3/2007REVIEWED LEGAL COUNSEL REVIEWED CODE RE I W COMMITTEE DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL 11111111111111111111111111111 2007-1547 CLERKRECORDS CJ 2007-16;7 12/03/2007 04:23:56 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, of the Deschutes County Code Regarding Destination Resorts. ORDINANCE NO. 2007-005 WHEREAS, Sunriver Resort, Eagle Crest Resort and Pronghorn Resort filed an application with the Deschutes County Planning Division that proposed text amendments to Title 18, the Deschutes County Zoning Ordinance, to the definitions of destination resorts and overnight lodging as well as amendments to the destination resort chapter; and WHEREAS, the Board of County Commissioners ("Board") held a duly noticed public hearing on December 4, 2006, in coordination with the Deschutes County Planning Commission; and WHEREAS, the Planning Commission made a recommendation to the Board to adopt only part of the proposal; and WHEREAS, the Board amended the original proposal and held an additonal duly noticed public hearing on August 27, 2007; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04, Definitions of Destination Resorts and Overnight Lodging are amended to read as described in Exhibit "A" attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 2. AMENDMENT. DCC 18.113, Destination Resorts, is amended to read as described in Exhibit "B" attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st+ikethfough. PAGE 1 OF 2 - ORDINANCE NO. 2007-005 (11/5/2007) Section 3. FINDINGS. The Board adopts the staff report dated 8-22-07 as Exhibit "C", incorporated herein by this reference, as its findings to support this Ordinance. Dated this 1~ of 2007 ATTEST: ' ~ - (&Rx'~ - Recording Secretary TAMMY BANEY, COMMISSIONER Date of 1 sc Reading: day of , 2007. Date of 2°d Reading: zl~ day of /v v V , 2007. Record of Adoption Vote Commissioner Yes No Abstained Excused Michael M. Daly 11~ Dennis R. Luke c~ Tammy Baney Effective date: t,-o day of ~P 2000 ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2007-005 (11/5/2007) BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON EXHIBIT "A" NOTE: denotes code provisions not amended by this ordinance. Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. DE. Visitor-oriented accommodations are provided, including meeting rooms, restaurants with seating for 100 persons, and 150 separate rentable units for overnight lodgings a, described in DCC 18.._1.13._060(A). Accommodations available for residential use will not exceed two such units for each unit of overnight lodging. E.F. Commercial uses limited to those types and levels necessary to meet the needs of visitors to the development. Industrial uses are not permitted. "Destination resort" means a self-contained development providing visitor-oriented accommodations and developed recreational facilities in a setting with high natural amenities. To qualify as a "major 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 yards, street and parking areas. C. At least $2,009;4987,000,000 (in 44841993 dollars) is spent in the first phase 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. I..._Developed recreational facilities and key facilities intended to serve the entire development and visitor-oriented accommodations must be physk-a- prev-idedconstriicted or,.._.where_ ermittet..__hy DCC 1 x.113, be guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots or units. In phased developments, developed recreational facilities and other key facilities intended to serve a particular phase shall be constructed prior to sales in that phase or guaranteed through surety bonding. "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 4-3_8 weeks per calendar year through a central reservation and check-in service operated by the destination resort or through a real estate propeLty manager, as defined in ORS 696.010. 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. 2007-005 § 1, 2007 • Ord. 2006-008 § 1, 2006; Ord. 2005-041 § 1, 2005; Ord. 2004-024 § 1, 2004; Ord. 2004-001 § 1, 2004; Ord. 2003-028 § 1, 2003; Ord. 2001-048 § 1, 2001; Ord. 2001- 044 § 2, 2001; Ord. 2001-037 § 1, 2001; Ord. 2001-033 § 2, 2001; Ord. 97-078 § 5, 1997; Ord. 97-017 § 1, 1997; Ord. 97-003 § 1, 1997; Ord. 96-082 § 1, 1996; Ord. 96-003 § 2, 1996; Ord. 95-077 § 2, 1995; Ord. 95-075 § 1, 1975; Ord. 95-007 § 1, 1995; Ord. 95-001 § 1, 1995; Ord. 94-053 § 1, 1994; Ord. 94-041 2 and 3, 1994; Ord. 94-038 § 3, 1994; Ord. 94-008 1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 1, 2, and 3, 1994; Ord. 93-043 1, IA and 113, 1993; Ord. 93-038 § 1, 1993; Ord. 93-005 1 and 2, 1993; Ord. 93-002 1, 2 and 3, 1993; Ord. 92-066 § 1, 1992; Ord. 92-065 I and 2, 1992; Ord. 92-034 PAGE 1 OF 2 - EXHIBIT "A" TO ORDINANCE 2007-005 (11/5/2007) EXHIBIT "A" § 1, 1992; Ord. 92-025 § 1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91-038 3 and 4, 1991; Ord. 91-020 § 1, 1991; Ord. 91-005 § 1, 1991; Ord. 91-002 § 11, 1991; Ord. 90-014 § 2, 1990; Ord. 89-009 § 2, 1989; Ord. 89-004 § 1, 1989; Ord. 88-050 § 3, 1988; Ord. 88-030 § 3, 1988; Ord. 88-009 § 1, 1988; Ord. 87-015 § 1, 1987; Ord. 86-056 § 2, 1986; Ord. 86-054 § 1, 1986; Ord. 86-032 § 1, 1986; Ord. 86-018 § 1, 1986; Ord. 85-002 § 2, 1985; Ord. 84-023 § 1, 1984; Ord. 83-037 § 2, 1983; Ord. 83-033 § 1, 1983; Ord. 82-013 § 1, 1982) PAGE 2 OF 2 - EXHIBIT "A" TO ORDINANCE 2007-005 (11/5/2007) EXHIBIT "B" Chapter 18.113. DESTINATION RESORTS ZONE-DR 18.113.010. Purpose. 18.113.020. Applicability. 18.113.025. Application to existing resorts. 18.113.030. Uses in destination resorts. 18.113.040. Application submission. 18.113.050. Requirements for conditional use permit and conceptual master plan applications. 18.113.060. Standards for destination resorts. 18.113.070. Approval criteria. 18.113.075. Imposition of conditions. 18.113.080. Procedure for modification of a conceptual master plan. 18.113.090. Requirements for final master plan. 18.113.100. Procedure for approval of final master plan. 18.113.110. Provision of streets, utilities, developed recreational facilities and visitor-oriented accommodations. 18.113.010. Purpose. A. The purpose of the DR Zone is to establish a mechanism for siting destination resorts to ensure compliance with LCDC Goal 8 and the County Comprehensive Plan. The destination resort designation is intended to identify land areas which are available for the siting of destination resorts, but which will only be developed if consistent with the purpose and intent of DCC 18.113 and Goal 8. B. The DR Zone is an overlay zone. The DR Zone is intended to provide for properly designed and sited destination resort facilities which enhance and diversify the recreational opportunities and the economy of Deschutes County. The DR Zone will ensure resort development that compliments the natural and cultural attractiveness of the area 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 DCC 18.113 to establish procedures and standards for developing destination resorts while ensuring that all applicable County Comprehensive Plan policies are achieved. D. It is the intent of DCC 18.113 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 DCC 18.113 to site developments that are in effect rural subdivisions, whose primary purpose is to serve full-time residents of the area. (Ord. 92-004 § 13, 1992) 18.113.020. Applicability. A. The provisions of DCC 18.113 shall apply to proposals for the development of destination resorts, as defined in DCC Title 18, in areas designated DR by the County zoning maps. The provisions of DCC 18.113 shall not apply to any development proposal in an area designated DR other than a destination resort. 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 SMIA, AH, CH, FP or LM, or otherwise applicable under the terms of the zoning ordinance text shall remain in full force and effect, unless otherwise specified herein. C. The provisions of DCC 18.113 apply to destination resorts sited through the Goal 2 exception process. (Ord. 92-004 § 13, 1992) 18.113.025. Application to existing resorts. Expansion proposals of existing developments approved as destination resorts shall meet the following criteria: PAGE 1 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" A. Meet all criteria of DCC 18.113 without consideration of any existing development; or B. Meet all criteria of DCC 18.113 for the entire development (including the existing approved destination resort development and the proposed expansion area), except that as to the area covered by the existing destination resort, compliance with setbacks and lot sizes shall not be required. If the applicant chooses to support its proposal with any part of the existing development, applicant shall demonstrate that the proposed expansion will be situated and managed in a manner that it will be integral to the remainder of the resort. (Ord. 92-004 § 13, 1992) 18.113.030. 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 DCC 18.113.030 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; and 5. Other similar visitor-oriented accommodations consistent with the purposes of DCC 18.113 and Goal 8. B. Developed recreational facilities designed to provide for the needs of visitors and residents of the resort; 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; 8. Other similar recreational facilities consistent with the purposes of DCC 18.113 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; 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, bookstores, gift shops and specialty food shops; 2. Barber shops/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; 7. Other similar commercial services which provide for the needs of resort visitors and are consistent with the purposes of DCC 18.113 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 preexisting 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 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" G. Other similar uses permitted in the underlying zone consistent with the purposes of DCC 18.113.030. 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 DCC 18.113 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; f. Other similar accessory uses consistent with the purposes of DCC 18.113 and Goal 8. (Ord. 92-004 § 13, 1992) 18.113.040. 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 DCC 18.113.040. The CMP application shall be processed as if it were a conditional use permit under DCC Title 22, shall be subject to DCC 18.128.010, 18.128.020 and 18.128.030 and shall be reviewed for compliance with the standards and criteria set forth in DCC 18.113. B. Final Master Plan. The applicant shall prepare a final master plan (FMP) which incorporates all requirements of the County approval for the CMP. The Planning Director shall review the FMP 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 FMP 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 approval through the required site plan review (DCC 18.124) or subdivision process (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 DCC 18.113 and the FMP. (Ord. 92-004 § 13, 1992) 18.113.050. 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 DCC 18.113. 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 resort and an indication of whether streets will be public or private; 7. Major pedestrian, equestrian and bicycle trail systems; 8. Important natural features of the site, including habitat of threatened or endangered species, streams, rivers, wetlands and riparian vegetation within 200 feet of streams, rivers and wetlands. PAGE 3 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" 9. All uses proposed within landscape management corridors identified by the comprehensive plan or zoning ordinance. 10. The location and number of acres reserved as open space, buffer area, or common area. Areas designated as "open space," "buffer area," or "common area" should be clearly illustrated and labeled as such; 11. All proposed recreational amenities; 12. Proposed overall density. B. Further information as follows: 1. A description of the natural characteristics of the site and surrounding areas, including a description of resources and the effect of the destination resort on the resources; methods employed to mitigate adverse impacts on resources; analysis of how the overall values of the natural features of the site will be preserved, enhanced or utilized in the design concept for the destination resort; and a proposed resource protection plan to ensure that important natural features will be protected and maintained. Factors to be addressed include: a. Compatibility of soil composition for proposed development(s) and potential erosion hazard; b. Geology, including areas of potential instability; c. Slope and general topography; d. Areas subject to flooding; e. Other hazards or development constraints; f. Vegetation; g. Water areas, including streams, lakes, ponds and wetlands; h. Important natural features; i. Landscape management corridors; j. Wildlife. 2. A traffic study which addresses (1) impacts on affected County, city and state road systems and (2) transportation improvements necessary to mitigate any such impacts. The study shall be submitted to the affected road authority (either the County Department of Public 3 4 5 6 7 8. Works or the Oregon Department of Transportation, or both) at the same time as the conceptual master plan and shall be prepared by a licensed traffic engineer to the minimum standards of the road authorities. A description of how the proposed destination resort will satisfy the standards and criteria of DCC 18.113.060 and 18.113.070; Design guidelines and development standards defining visual and aesthetic parameters for: a. Building character; b. Landscape character; c. Preservation of existing topography and vegetation; d. Siting of buildings; and e. Proposed standards for minimum lot area, width, frontage, lot coverage, setbacks and building heights. An open space management plan which includes: a. An explanation of how the open space management plan meets the minimum standards of DCC 18.113 for each phase of the development; b. An inventory of the important natural features identified in the open space areas and any other open space and natural values present in the open space; c. A set of management prescriptions that will operate to maintain and conserve in perpetuity any identified important natural features and other natural or open space values present in the open space;, d. Deed restrictions that will assure that the open space areas are maintained as open space in perpetuity. An explanation of public use of facilities and amenities on the site. A description of the proposed method of providing all utility systems, including the location and sizing of the utility systems; A description of the proposed order and schedule for phasing, if any, of all development including an explanation of PAGE 4 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" when facilities will be provided and how they will be secured if not completed prior to closure of sale of individual lots or units; 9. An explanation of how the destination resort has been sited or designed to avoid or minimize adverse effects or conflicts on adjacent lands. The application shall identify the surrounding uses and potential conflicts between the destination resort and adjacent uses within 660 feet of the boundaries of the parcel or parcels upon which the resort is to be developed. The application shall explain how any proposed buffer area will avoid or minimize adverse effects or conflicts; 10. A description of the proposed method for providing emergency medical facilities and services and public safety facilities and services including fire and police protection; 11. A study prepared by a hydrologist, engineering geologist or similar professional certified in the State of Oregon describing: a. An estimate of water demands for the destination resort at maximum buildout, including a breakdown of estimated demand by category of consumption, including but not limited to residential, commercial, golf courses and irrigated common areas; b. Availability of water for estimated demands at the destination resort, including (1) identification of the proposed source; (2) identification of all available information on ground and surface waters relevant to the determination of adequacy of water supply for the destination resort; (3) identification of the area that may be measurably impacted by the water used by the destination resort (water impact area) and an analysis supporting the delineation of the impact area; and (4) a statistically valid sampling of domestic and other wells within the impact area; c. A water conservation plan including an analysis of available measures which are commonly used to reduce water consumption. This shall include a justification of the chosen water conservation plan. The water conservation plan shall include a wastewater disposal plan utilizing beneficial use of reclaimed water to the maximum extent practicable. For the purposes of DCC 18.113.050, beneficial uses shall include, but are not limited to: i. Irrigation of golf courses and greenways; ii. Establishment of artificial wetlands for wildlife habitation. 12. An erosion control plan for all disturbed land, as required by ORS 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; 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: PAGE 5 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" 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. de iption of the system , t a r. the Management of any individuall owi ed units that "'II be used fof ove..:ht lodging and iTecv' it will ~ r, v :~L rcrE;nom - u'r'ra --rr-vrrr-c individually owned lodging4ae-flitie's y,'fl~i bellv'lil'lhl~_ flew.- b the genefal publie fef at least 45 weeks A description...of..the. ...mechanism to be used to ensure that the destination resort provides an adequate supply of overnight lodging._ iinits_. to maintain compliance with the 15041111t minimum and 2.._to 1 ratio set forth in DCC 18.113.060( X21 The mechanism shall meet the requirements of DCC 18_113.( - 22. If the proposed destination resort is in a SMIA combining zone, DCC 18.56 shall be addressed; 23. If the proposed destination resort is in an LM combining zone, DCC 18.84 shall be addressed; 24. A survey of historic and cultural resources inventoried on an acknowledged Goal 5 inventory; 25. 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 DCC Title 18. (Qrd..2007-005 § 2, 2007; Ord. 92-004 § 13, 1992) 18.113.060. 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 Qv~ernight .__lodging as follows: a...__. The.. first _50__.overnieht_lodging units must he _ constructed prior to the clgsure._.of ._sales, rental or lease of any_ residential]_dwellings_.or_lots. b._1'he resort may_elect to_.phase in the rernain ing..___100..__ overn i_bht......_ lod6nu units as follows: i. At least 50 of the rernainin 100 recfuired.._crvem4_,ht 1edgi_ng._units shall be constructed or guaranteed through sur0311 bonding or equivalent__financial assurance_ yith_in. S_._years ..of the Closure .__of_sale of individual lots or units and. ii The rernaininQ 50 _.__required .gvernighi lo_ dging uirits_,shall_._be constructed or _ _ U4uara.nteed through ____5ure!Y _bondingor equiyalelt_.. financial assurance within 10 years of the closure of sale of individual leis or units. iii. if the dev ' eloper _of a resort gnuarantees_......._a..portion of the overnight lod. Tin T units_._1eguiired under subsection 18.1.13.060(A)(1)(h)_.._._._.._. through surety __...__.._bonding._ _ or other eduiv_alent._._ financial assurance the overnight lod,i units. must he constructed_ within _4 -years of the date of execution of the surety bond or other - equivalent financial assurance. iv. The 2:1 accommodation ratio required....._...._.__._-__ ~._.........._UCC 18.113.060(QXZZ...... must~ _ he maintained at all times. c..__ If a._resort does ._not. chose to phase._the overnight_lodging_units as_deSCribed in1_8.1 13 060(AX1 (b-._... then_ the units of overni6t lodgun must be constructed _prior to PAGE 6 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" the closure of sales rental or lease of facilities, visitor-oriented any residential_dwellings or lots._ accommodations or multi-family or 2. Visitor-oriented eating establishments for commercial uses established by DCC at least 100 persons and meeting rooms 18.124.070 shall not be considered open which provide seating for at least 100 space; persons. 2. Individually-owned residential units that 3. The aggregate cost of developing the do not meet the. definition of overnight overnight lodging facilities, developed IQda ng in.._._DCC ..._18.04.030_ shall not recreational.__ facilities,~and the eating exceed two such units for each unit of establishments and meeting rooms visitor-oriented overnight lodging. 18.113.060(A)(1) Individually-owned units shall be (2+shall be at least $2,000, 80 7,000 000 considered visitor-oriented lodging if (in 4841993 dollars). they are available for overnight rental use 4. At least $22{ ,OAB 2 333,333 of the by the general public for at least 4-5-38 $7 Q00 000. (in 44941993 dollars) _total weeks per calendar year through one or minimum. inye _rec~uired._ b}- DC:C more central reservation and check-in 18.1 1.3.OCi0 A 3)shall be spent on service(s) operated by the destination developed recreational facilities. _ resort or b~•._...__a real. est_ate...___prohe:rty 5. The facilities and accommodations mnnager~as defined in ORS 696.0 10_._ _ required by DCC 18.113 ,960( )(2) . _ through 4 must be constructed or E. Phasing. A destination resort authorized f iranc_ial ly assured Ursuan UCC pursuant to DCC 18.113.060 may be .__..P 18.11 3.110 prior to closure of sales. developed in phases. If a proposed resort is rental or lease of any residential to be developed in phases, each phase shall dwellings or lots or-as allowed b~DCC be as described in the CMP. Each individual 18,._1..13.Q60.(A)(l). phase shall meet the following requirements: . 1. Each phase, together with previously B. All destination resorts shall have a minimum completed phases, if any, shall be of 160 contiguous acres of land. Acreage capable of operating in a manner split by public roads or rivers or streams shall consistent with the intent and purpose of count toward the acreage limit, provided that DCC 18.113 and Goal 8. the CMP demonstrates that the isolated 2. The first phase and each subsequent acreage will be operated or managed in a phase of the destination resort shall manner that will be integral to the remainder cumulatively meet the minimum of the resort. requirements of DCC 18.113.060 and C. All destination resorts shall have direct DCC 18.113.070. access onto a state or County arterial or 3. Each phase may include two or more collector roadway, as designated by the distinct noncontiguous areas within the Comprehensive Plan. destination resort. D. A destination resort shall, cumulatively and F. Destination resorts shall not exceed a density for each phase, meet the following minimum of one and one-half dwelling units per acre requirements: including residential dwelling units and 1. The resort shall have a minimum of 50 excluding visitor-oriented overnight lodging. percent of the total acreage of the G. Dimensional Standards: development dedicated to permanent 1. The minimum lot area, width, lot open space, excluding yards, streets and coverage, frontage and yard requirements parking areas. Portions of individual and building heights otherwise applying residential lots and landscape area to structures in underlying zones and the requirements for developed recreational provisions of DCC 18.116 relating to PAGE 7 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" solar access shall not apply within a b. Notwithstanding DCC destination resort. These standards shall 18.113.060(G)(2)(a)(iii), be determined by the Planning Director above-grade development other than or Hearings Body at the time of the that listed in DCC CMP. In determining these standards, 18.113.060(G)(2)(a)(i) and (ii) shall the Planning Director or Hearings Body be set back 250 feet in circumstances shall find that the minimum specified in where state highways coincide with the CMP are adequate to satisfy the exterior property lines. intent of the comprehensive plan relating c. The setbacks of DCC 18.113.060 to solar access, fire protection, vehicle shall not apply to entry roadways and access, visual management within signs. landscape management corridors and to protect resources identified by LCDC H. Floodplain requirements. The floodplain Goal 5 which are identified in the zone (FP) requirements of DCC 18.96 shall Comprehensive Plan. At a minimum, a apply to all developed portions of a 100-foot setback shall be maintained destination resort in an FP Zone in addition to from all streams and rivers. Rimrock any applicable criteria of DCC 18.113. setbacks shall be as provided in DCC Except for floodplain areas which have been Title 18. No lot for a single-family granted an exception to LCDC goals 3 and 4, residence shall exceed an overall project floodplain zones shall not be considered part average of 22,000 square feet in size. of a destination resort when determining 2. Exterior setbacks. compliance with the following standards; a. Except as otherwise specified herein, 1 • One hundred sixty acre minimum site; all development (including 2. Density of development; structures, site-obscuring fences of 3. Open space requirements. over three feet in height and changes A conservation easement as described in to the natural topography of the land) DCC Title 18 shall be conveyed to the shall be setback from exterior County for all areas within a floodplain property lines as follows: which are part of a destination resort. i. Three hundred fifty feet for I. The Landscape Management Combining commercial development Zone (LM) requirements of DCC 18.84 shall including all associated parking apply to destination resorts where applicable. areas; ii. Two hundred fifty feet for J. Excavation, grading and fill and removal multi-family development and within the bed and banks of a stream or river visitor-oriented accommodations or in a wetland shall be a separate conditional (except for single-family use subject to all pertinent requirements of residences) including all DCC Title 18. associated parking areas; K. Time-share units not included in the iii. One hundred fifty feet for overnight lodging calculations shall be above-grade development other subject to approval under the conditional use than that listed in DCC criteria set forth in DCC 18.128. Time-share 18.113.060(G)(2)(a)(i) and (ii); units identified as part of the destination iv. One hundred feet for roads; resort's overnight lodging units shall not be v. Fifty feet for golf courses; and subject to the time-share conditional use vi. Fifty feet for jogging trails and criteria of DCC 18.128. bike paths where they abut L. Theo erni rho t lodging criteria shall be met private developed lots and no including, the 150-unit minimum and the 2 to setback for where they abut 1 ratio set forth in DCC; 18.113.060(D)(2). public roads and public lands. PAGE 8 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" I~ Failure of the approved destination resort to_camI , with the rectuirements_in DCC 18.113., 60(LI throu~hAGi will result in the County decljn-ii.ig._.tq.._ accept or process .any Tfurther land use actions associated with anv_ part._of the resort and the_Coc~ shall not issue anv permits associated with anus or sitens_on any part of the resort until goof is prov_ided_.to the_COMM of compliance with those conditions. 2. Each resort shall compile. and maintain, in perpetuity,, a..registry:._of a(1_ overnight lodgrri T units. - a........i:he list shall identify.- each indiyadualh_ownedunit that .._._._is counted as. overnig it lod ,ing b. _At_all times at__least..one entity shall be responsible for maintaining the registry and._fulfilling the reporting requirements-, `-'f----- UCC 18.113.060(L)(2) throu Th 6)___ c._._.._.lnitiall}:, the resort ._management shall he responsible for compilin~and maintainin T the re, istrv. d. As a resort develops,_the__deve_ loper shall transfer , iesponsibility_ for maintaining the re Tip stry _ to the homeowner associatiom(s_). The terms and ..timim4 of this transfer shall be specified the Conditions, Covenants & Restrictions (CC&Rs). e......__.:Resort.._ management-. shall- notify. the County rior to assi Tnin the registry to a homeowner association. f;_ Each resort ..._shall, maintain records documentin T is rental --program related to overnight lod-ginsunits ata c,onv_ertient _ location-.. in Deschutes Cormty~ with those records accessible to the County- upon 72 hour notice from the Count. g_......... As__..._used ._._in....._._this .._section, "resort ......includes, but is not limited to, tlip _c lrp_cant ,and the Opp icanfs heirs successors in interest assigneeees other than a home owners association. 3..Anannual report shall be submitted to the Planning Division- bv........the resort management or home owners associations each.- February _ 1, documenting._all_._of the follovyii!g-Lds of December 31 of the previous year: a. 'T'he minimum.-. of 150__perrmanent units of overnigit-lo dging have been constructed or that the resort is not yet required.. to have constructed- the 150 unrtsy_ b. The number of individUallv-owned residential _ platted--.. lots- and the number of overn jg t-lodging_units;. c,.._..._Theratio _between__the._.,indiviidually- owned.residential _platted lots and the overnight lod i_n~units;__ d.The_.-followint7._ information_on each individualSowned residential unit counted as overnigljj..L dgin g. i__ Who_the_owner or owners have been over the last vear, ii. --Ho ._manv nights out of ._the year the unit was available . for rent iii..__..How. many n_ibhts._out of the... the--unit was rented. .out as an overn_i-yht..lod &ng facility Lin de r_U C_C..._l._$.1 13 iv~._ Documentation showim-, that these units were available for rental as regltired. e._.....__This_._.mfrormationshall be public record subiect to ORS 1,92 5.02.0 4. To facilitate rental to the_general_._public of the overnighttllodgi.ng units, each resort shall set up_and.._maintain in perpetuity a telephone reservation stem 5.Anv_ outside _proper ty.._mana;ers_ renting r_eyurred overnight lodgiMr units shall be required to cooperate with the.. provisions ofthis code - and-.. tcr_.._annuallv provide rental information on anyregr>ired overnight lod ing units they..represent to thecentral ofiice..._asdescribed _in._.DCC, .1_$_...l l3..06Q.(L.)Q)_and,.(3), _ 6_ -Before approval of each.._fi.nal plat, all the following shall be provided:. a,Documentation demonstrating com.pliance._._with_the 2 tol.. ratio as defined in DCC_18._1 13 06Q(U)(21 b._ Documentation on all individually- owned ..residential units- counted as PAGE 9 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" overni_ht lod in , inclcidin all of by---- a real _ estate __._Droperty tl7e Coll. _owing manager, as deleted in ORS i__.__ Desig._ _ nation on the 1?lat_of anX _ 696.010, and that failure to meet individual_ly-owned ......_u. its that are _ _ the conditions in DCC gc)in__g to be Counted as overni, ht 13.1 13.0(iO(-L)(fi (b .(vZ.._ is ._....a itldgingl violation of Deschutes C01.111tV ii._ Deecl.._ restrictions requirin the Code and_......_._suh'eect.,_to .__code indrvrdually.-ativrted residential enforcement 1?roceedings by the units designated _ asU~erni~~ht C_ounty. lodgin J -units to be available for (Ord~2007-05._' 2 2007; Ord. 92-004 13, 1992 rental at least 38 weeks each y! ag t4rc)ugl7_a central reservatiun and 18.113.070. Approval criteria. check-in - service operated b the In order to approve a destination resort, the resort or by a real estate__propert Planning Director or Hearings Body shall find nlanagerx... as defined in ORS, from substantial evidence in the record that: 696.010: iii. An irrevocable provision in the A. The subject proposal is a destination resort as resort Conditions, Covenants and _ defined in DCC 18.040.030. Restrictions .("CC&Rs)__ree fairing B. All standards established by DCC 18.113.060 the in dividually_gwned are or will be met. residential units _desi...__gnate..d._.._as C. The economic analysis demonstrates that: overnight lodain units to be available for rental at least 38 1. The necessary financial resources are weeks each year through a available for the applicant to undertake central reservation and check-in the development consistent with the service ice tedhy the resort or minimum investment requirements _ by a real estate 12rgl)e established by DCC 18.113. manager as defined in ORS 2, Appropriate assurance has been c ryUI ULI Oi submitted by lending institutions or other iv A r i i i t financial entities that the developer has . p ov s on n he_...._ resort CC&K's that all hropert}. owners or can reasonably obtain adequate within the resort recd nize that financial support for the proposal once , _ failure to meet the conditions in approved. DCC 18.113.060(1)(()(W ii i is 3. The destination resort will provide a . a violation of Deschutes Coca substantial financial contribution which Code and subject to code positively benefits the local economy _ enforcement proceedinas b v the throughout the life of the entire project, _ _ County considering changes in employment, v.. Inclusion of IanuaUe it y ~ any demands for new or increased levels of rental contract between the public service, housing for employees owner of an individuallned and the effects of loss of resource land. residential unit designated as an 4. The natural amenities of the site _ _ cwernight lodging unit and any considered together with the identified , central reservation and check-in developed recreation facilities to be provided with the resort, will constitute a service or real estate proms, primary attraction to visitors, based on many er_.regtair'ing"that such unit the economic feasibility analysis. be available for rental at least 38 weeks each year-.through a D. Any negative impact on fish and wildlife central reservation and check-in resources will be completely mitigated so that service eherated by the resort or PAGE 10 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" there is no net loss or net degradation of the resource. 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 H. farm or forest practices on surrounding 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 Oregon Administrative Rules 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 County Comprehensive 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. With the exception of the slope restriction of DCC 18.113.070, which shall apply to destination resorts in forest zones, wildfire management of destination resorts in forest zones shall be subject to the requirements of DCC 18.40.070, where applicable, as to each individual structure and dwelling. 1. Adequate public safety protection will be available through existing fire districts or will be provided onsite 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. Adequate public facilities to provide for necessary safety services such as police and fire will be provided on the site 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 PAGE 11 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" of the Oregon State Department of Environmental Quality (DEQ). The erosion control plan for the subject development will meet all standards of ORS 468. K. Adequate water will be available for all proposed uses at the destination resort, based upon the water study and a proposed water conservation plan. 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 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. The wastewater 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 wastewater disposal plan. Approval shall also be conditioned upon applicant's compliance with applicable Oregon Administrative Rules regarding beneficial use of waste water, as determined by DEQ. Applicant shall receive approval of a WPCF permit consistent with this provision prior to applying for approval for its Final Master Plan under DCC 18.113. 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. 0. 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 except where connection to an existing public sewer or water system is allowed by the County Comprehensive Plan, such service will be provided to the resort. P. The destination resort will not alter the character of the surrounding area in a manner that substantially limits, impairs or prevents permitted or conditional uses of surrounding properties. Q. Commercial, cultural, entertainment or accessory uses provided as part of the destination resort will be contained within the development and will not be oriented to public highways adjacent to the property. Commercial, cultural and entertainment uses allowed within the destination resort will be incidental to the resort itself. As such, these ancillary uses will be permitted only at a scale suited to serve visitors to the resort. The commercial uses permitted in the destination resort will be limited in type, location, number, dimensions and scale (both individually and cumulatively) to that necessary to serve the needs of resort visitors. A commercial use is necessary to serve the needs of visitors if. 1. Its primary purpose is to provide goods or services that are typically provided to overnight or other short-term visitors to the resort, 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 PAGE 12 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" 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 DCC Title 18. T. The open space management plan is sufficient to protect in perpetuity identified open space values. U. Ilk -fneehaiiism-to ensure--mot ii+&v4 It rd-the OV-->:ll i'414 low ' total a ~TTb-con remum-avuricm!re ro -r ~c c -ur;east-45- wee s 1 d rem * tlal 1 e'en Lin{I-Meek-in e#=t~~1lE~v-i~~ Des . erg -tl~e--plat e#==Wn i+tdivi its aFe to be EEif}sfElered- iv°- 3e-eveffiigh+ 1~ ro gifig as used in DC;G18.113; 2. Teed -restriet' identit a premises to .1't 1 1 a nor 1 ~ at least.. p~t~H-pBS@S-tf►1{-}@y' ~~T--}-8-1rl-r-TVr-ac ~4 =weeks earl} year; 3. hielusion in the GG&R's 4 an t+r~v~sak~le-pr~av}s-i ~e Coujit„ limiting tfse of ,1 zef eFl t} + poses under f3CG 18.11r fb„ et-least 45 weeks, 1 year, 4. Ine-Wsi(3n of linguage-ui--aw, rental lo••~t bet, `le vrr..e a Vf t t t, e ..~~a. the U111L of d "tral R,LRt•,hn ,A 1 1, seFv-ie. „ t t stieli •t 1 de- availal3le-a`-ever-f}fght-lodging fac- 1 1•t tt - ei: WC 1-18.113 1 r at lea t ,t c Wee" eae-h year-aiid 5. A- feq*ifefffent-tl3at-eaeh sueh unit he registeFed ^^a oFt 1 f-1 d -each stie4i-uf+4 yearlTy b the owiier OF Htral 13oekmi" t ^ff-:Ii fait '-i- with the Pla ain Division as to the lewing inf;a flatiow b. HOW many-ffig- Himiit was available ft-)r rei+t--~- a servit l=and e. How many nights out of the yeaf the unit was fented otit as, n lodging faeilfsy-Nndef• DCC 18.113. (C)rd. 2007-5 2, 20(17 Ord. 92-032 § 1, 1992; Ord. 92-004 § 13, 1992) 18.113.075. Imposition of conditions. The standards made applicable by DCC 18.113 may be met by the imposition of conditions calculated to insure that the standard will be met. (Ord. 92-004 § 13, 1992) 18.113.080. Procedure for modification of a conceptual master plan. Any substantial change, as determined by the Planning Director, proposed to an approved CMP shall be reviewed in the same manner as the original CMP. An insubstantial change may be approved by the Planning Director. Substantial change to an approved CMP, as used in DCC 18.113.080, means an alteration in the type, scale, location, phasing or other characteristic of the proposed development such that findings of fact on which the original approval was based would be materially affected. (Ord. 92-004 § 13, 1992) 18.113.090. 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 waste water systems; PAGE 13 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" 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; 1. J K 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 shall be included: A description of measures taken, with copies of deed restrictions, CC&R's and rental contracts, to implement the Muirements_.of DCC 18.113.0.60.(L)...,,~„,.,, to beev fnight lodgings R,)r at least 45 weeks rteem. i d l . A description of measures taken, with copies of deed restrictions and a final management plan, to implement the open space management plan required by DCC 18.113. L. The status of all required off-site roadway improvements. M. Methods to be employed for managing automobile traffic demand. N. A copy of a WPCF permit issued by DEQ consistent with the requirements of DCC 18.113.070(L). (Qrd.. 2Q7OQ,_§._. 2~. 2O07 Ord. 92-004 § 13, 1992) 18.113.100. Procedure for approval of final master plan. A. The FMP shall be submitted in a form approved by the County Planning Director consistent with DCC Title 22 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 notice. If approval 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 DCC Title 22; 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. 92-004 § 13, 1992) 18.113.110. 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. 92-004 § 13, 1992; Ord. 92-003 § 1, 1992) 18.1.13.120. Conservation easement to protect resource site. PAGE 14 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "B" A, If a tract to be used as _a._desti_n_ ation resort contains a.._.._resource site designated for rotectign _in _ an_....... _acknowled2ed; comWehensive_plan ursuant te. open aces, scenic and historic areas and natural resource w As that tract of land shall _preser~,e the resource- site__._. byonseivation. easement sufficient_to..protect._the resource values of the resource..... site in accordance with ORS 271.715 to 271,795. }3...... A___cc~n5ervation____easement under DCC a , l 1_ .120..._ sha_l1. be recorded-.- with the proerty.__rec~rds.. cif the tract on which the destination resort is sited. (Ord. 2007-005 12007) (Zoning maps adopted by Ord. 92-031 § 1, 1992) PAGE 15 OF 15 - EXHIBIT "B" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "C" Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 http://www.co.deschutes.or.us/cdd/ STAFF REPORT To: Deschutes County Board of County Commissioners From: Terri Hansen Payne, Senior Planner Date: August 22, 2007 Subject: Work Session on Text Amendment TA-04-4 1. TA 04-4 TA-04-4 is a proposed amendment to County destination resort zoning code in Title 18. This proposal was initiated by Sunriver, Eagle Crest and Pronghorn resorts in order to bring County Code into line with changes to state destination resort statute. II. Background The resorts initiated this application in July 2004 and a public hearing was held in front of the Planning Commission (Commission) on November 4, 2004. The Commission made a recommendation to the Board of County Commissioners (Board) on these amendments, but before the Board could review the recommendation the applicants requested that the proposal be put on hold. It was reopened in May 2006 at the applicants' request. Due to the length of time since the initial Planning Commission review, the Board invited the Commission to again participate and reaffirm their recommendation or make a new recommendation. A joint public hearing was held with the Board of County Commissioners and the Planning Commission on December 4, 2006 (Attachments 1). The Planning Commission deliberated and made a recommendation to the Board on December 14, 2006 (Attachment 2). The Board held a work session on January 29, 2007 and asked staff to divide this application into discrete decision points. The seven decision points were then discussed at work sessions on February 20, February 26, April 2, May 7 and June 20. Based on the work session discussions the Board provided direction to staff on the seven issues and requested additional code amendments. The additional amendments were not part of the original discussion and therefore another work session has been scheduled for August 20 and an additional public hearing has been scheduled for August 27. In the following discussion, for easy reference, the issues discussed are numbered as they were numbered in the discussion of decision points. PAGE 1 OF 4 - EXHIBIT "C" TO ORDINANCE NO. 2007-005 (11/5/2007) Quality Services Perfonned with Pride I EXHIBIT "C" III. Proposed Amendments Applicant proposed amendments Required b State Statute Issue #1 Increase the required resort investment from $4 million in adjusted 1984 dollars to $7 million in adjusted 1993 dollars Permitted b State Statute Issue # 4 Lower the number of weeks individually-owned residential units are required to be available for rent from 45 weeks/ ear to 38 weeks/ ear Issue # 5 Allow the individually-owned residential units to be rented through a property manner as well as the resort Issue # 6 Allow the overnight lodging to be phased in over 14 ears Issue # 7 Change the required ratio between individually-owned residential and overnight lodging from 2:1 to 2.5:1 Staff additions to the applicant proposal Required b State Statute Issue # 2 Add a new code section to require conservation easements for specified Goal 5 resources Issue # 3 Require an annual report on resort accommodations IV. Planning Commission Amendments recommended by the Planning rnmmiccinn Required b State Statute Issue #1 Increase the required resort investment from $4 million in adjusted 1984 dollars to $7 million in adjusted 1993 dollars Issue # 2 Add a new code section to require conservation easements for specified Goal 5 resources Issue # 3 Require an annual report on resort accommodations Amendments not recommended by the Planning r_n.. micei.,., Permitted b State Statute Issue # 4 Lower the number of weeks individually-owned residential units are required to be available for rent from 45 weeks/ ear to 38 weeks/ ear Issue # 5 Allow the individually-owned residential units to be rented through a property manager as well as the resort Issue # 6 Allow the overnight lodging to be phased in over 14 ears Issue # 7 - Change the required ratio between individually-owned residential and overnight lod in from 2:1 to 2.5:1 PAGE 2 OF 4 - EXHIBIT "C" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "C" V. Board of County Commissioners Amendments Included in the Attached Ordinancp Required b State Statute Issue #1 Increase the required resort investment from $4 million in adjusted 1984 dollars to $7 million in adjusted 1993 dollars issue # 2 Add a new code section to require conservation easements for specified Goal 5 resources Issue # 3 Require an annual report on resort accommodations Permitted b State Statute Issue # 4 Lower the number of weeks individually-owned residential units are required to be available for rent from 45 weeks/ ear to 38 weeks/ ear Issue # 5 Allow the individually-owned residential units to be rented through a property manager as well as the resort Issue #6 Allow the overnight lodging to be phased in over 14 years with the following changes: Require the first 50 units to be built before any lot or unit sales - this is required to comply with a Land Use Board of Appeals decision on Thornburgh Resort Specify that the 2:1 ratio between individually-owned residential and overnight lodging must be maintained at all times Additional amendments to ensure the required 150 overnight lodging units are built if a resort chooses not to phase as allowed by Issue # 6, a resort must build all 150 units before the sale of any lots or units Additional amendments to strengthen overnight lodging reporting and tracking No processing of new land use actions or permits without proof of compliance with resort accommodation requirements Require resorts to create and maintain a registry of all overnight lodging Require resorts to create and maintain a rental office and hone line Require outside property managers to comply with the reporting requirements Require documentation of the accommodation ratio and all individually-owned residential units counting as overnight lodging before each final plat is approved Clarify that the requirements for CC&R language and rental contract language are enforceable b Count Code Enforcement Amendments Not Included in the Attached Ordinance Permitted b State Statute Issue # 7 Change the required ratio between individually-owned residential and overnight lodging from 2:1 to 2.5:1 Note: There are legal concerns over this issue based on the text of State Statute 197.445 and Goal 8 so no change will be made at this time VI. Review Criteria Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative zoning text amendment. Instead these types of amendments must show through adequate factual findings that they are consistent with State Statute, the Statewide Planning Goals and the County's Comprehensive Plan. The relevant Statute for reviewing this application is ORS 197.435-197.467. The relevant Statewide Planning Goals are: Goal 1: Citizen Involvement, PAGE 3 OF 4 - EXHIBIT "C" TO ORDINANCE NO. 2007-005 (11/5/2007) EXHIBIT "C" Goal 2: Land Use Planning and Goal 8: Recreation. Goals 3-7 and 9-19 were reviewed and determined not to apply specifically to this application. VII. Findings State Statute ORS 197.435-197.467 State Statute is satisfied because the proposed changes to County Code are consistent with or more restrictive than Statute. In no instance is the proposed ordinance more lenient than Statute. Goal 1 Citizen Involvement This goal promotes opportunities for citizen involvement in planning. This goal is satisfied through County code requirements on public noticing and involvement. The following public hearings were held on this proposal. • Planning Commission public hearing November 4, 2004 ■ Joint Board of County Commissioners/Planning Commission public hearing on December 4, 2006 ■ Board of County Commissioners public hearing August 27, 2007 Goal 2: Land Use Planning and the County Comprehensive Plan This goal establishes a planning process and policy framework for land use decisions based on local comprehensive plans. It ensures that the framework is based on facts and encourages coordination with other jurisdictions and agencies. This goal is satisfied because the proposed amendments conform to the County Comprehensive Plan Destination Resort chapter (DCC 23.84). Goal 8: Recreation This goal includes specific language on destination resorts. Goal 8 also includes an overall 2:1 resort ratio between individually-owned residential units and overnight lodging units. This goal is satisfied because the proposed amendments conform to the goal language for destination resorts. VIII. Ordinance The amendments discussed by the Board in the series of work sessions have been incorporated into Ordinance 2007-005 (Attachment 3). For the public hearing a copy of this staff report with findings will also be attached to the ordinance. Attachments 1. 12-4-07 Staff Report 2. 12-14-07 Planning Commission minutes 3. Draft Ordinance 2007-005 a. DCC 18.04.030 amendments b. DCC 18.113 amendments PAGE 4 OF 4 - EXHIBIT "C" TO ORDINANCE NO. 2007-005 (11/5/2007)