2016-7-Ordinance No. 2016-003 Recorded 1/19/2016 COUNTY
REVIEWED NANCY DESCHUTES CLERK Cy /016-7
(ya COMMISSIONERS' JOURNAL 01/19/2016 08:11;21 AM
LEGAL COUNSEL
IIIIIII
I I I II II 1�II 11II 1
16-7
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON
An Ordinance Amending Deschutes County Code *
Title 18 to Modify DCC 18.113.060, Standards for * ORDINANCE NO.2016-003
Destination Resorts.
WHEREAS, Oregon Resorts Acquisition Partners, LP, owners of Eagle Crest Resort, applied for an
Ordinance Text Amendment (Planning Division File No. 247-15-000444-TA) to the Deschutes County Code
(DCC) Title 18, Chapter 18.113, Destination Resorts Zone, to modify the current process and requirements for
Eagle Crest to provide the County with annual accountings related to the inventory of overnight lodging units
under DCC 18.113.060; and
WHEREAS,the Deschutes County Planning Commission reviewed the proposed changes on September
24, 2015 and on October 22, forwarded to the Deschutes County Board of Commissioners (Board), a
recommendation of approval;and
WHEREAS,the Board considered this matter after a duly noticed public hearing on November 30,2015
and concluded that the public will benefit from the proposed changes to DCC Title 18;now,therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.113 is amended to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein, with language to be deleted in strikethrough and new
language underlined.
Section 2. FINDINGS. The Board adopts as it findings in support of this Ordinance Exhibit `B,"
attached hereto and incorporated by reference herein.
///
PAGE 1 OF 2-ORDINANCE NO.2016-003
Dated this ly of •,// 4 .,2016 BOARD OF COUNTY COMMISSIONERS
I OF DESCHUTES COUNTY,OREGON
(IL- Liti,,_____
ALAN UNGER,CHAIR
ill , 6'
T• +* . • 1 EY,VIC HAIR
ATTEST:
c /Iti�� (4, --
Recording Secretary ANTHONY DEBONE,COMMISSIONER
�/SC �^ n
Date of 1st Reading: d� day of , ,2015.
Date of 2nd Reading: 4' day of 4:41/1. ,2016.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Alan Unger .....---
Tammy Baney
Anthony DeBone
Effective date: day of t ,2016.
ATTEST:
(4144AL (874-111-----
Recording Secretary
PAGE.2 OF 2-ORDINANCE NO.2016-003(12/21/15)
Chapter 18.113. DESTINATION RESORTS ZONE-DR
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 overnight lodging as follows:
a. The first 50 overnight lodging units must be constructed prior to the closure of sales,rental or
lease of any residential dwellings or lots.
b. The resort may elect to phase in the remaining 100 overnight lodging units as follows:
i. At least 50 of the remaining 100 required overnight lodging units shall be constructed or
guaranteed through surety bonding or equivalent financial assurance within 5 years of the
closure of sale of individual lots or units,and;
ii. The remaining 50 required overnight lodging units shall be constructed or guaranteed
through surety bonding or equivalent financial assurance within 10 years of the closure of
sale of individual lots or units.
iii. If the developer of a resort guarantees a portion of the overnight lodging units required
under subsection 18.113.060(A)(1)(b)through surety bonding or other equivalent financial
assurance, the overnight lodging units must be 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 by DCC 18.113.060(D)(2)must be maintained at all
times.
c. If a resort does not chose to phase the overnight lodging units as described in
18.113.060(A)(1)(b),then the required 150 units of overnight lodging must be constructed prior
to the closure of sales,rental or lease of any residential dwellings or lots.
2. Visitor-oriented eating establishments for at least 100 persons and meeting rooms which provide
seating for at least 100 persons.
3. The aggregate cost of developing the overnight lodging facilities,developed recreational facilities,
and the eating establishments and meeting rooms shall be at least$7,000,000(in 1993 dollars).
4. At least$2,333,333 of the$7,000,000 (in 1993 dollars) total minimum investment required by
DCC 18.113.060(A)(3)shall be spent on developed recreational facilities.
5. The facilities and accommodations required by DCC 18.113.060(A)(2) through (4) must be
constructed or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or
lease of any residential dwellings or lots or as allowed by DCC 18.113.060(A)(1).
B. All destination resorts shall have a minimum of 160 contiguous acres of land. Acreage split by public
roads or rivers or streams shall count toward the acreage limit,provided that the CMP demonstrates that
the isolated acreage will be operated or managed in a manner that will be integral to the remainder of
the resort.
C. All destination resorts shall have direct access onto a state or County arterial or collector roadway,as
designated by the Comprehensive Plan.
D. A destination resort shall,cumulatively and for each phase,meet the following minimum requirements:
1. The resort shall have a minimum of 50 percent of the total acreage of the development dedicated to
permanent open space,excluding yards,streets and parking areas. Portions of individual residential
lots and landscape area requirements for developed recreational facilities, visitor-oriented
accommodations or multi-family or commercial uses established by DCC 18.124.070 shall not be
considered open space;
2. Individually-owned residential units that do not meet the definition of overnight lodging in DCC
18.04.030 shall not exceed two and one-half such units for each unit of visitor-oriented overnight
PAGE 1 OF 5—EXHIBIT"A"TO ORDINANCE 2016-003
lodging. Individually-owned units shall be considered visitor-oriented lodging if they are available
for overnight rental use by the general public for at least 38 weeks per calendar year through one or
more central reservation and check-in service(s)operated by the destination resort or by a real estate
property manager,as defined in ORS 696.010.
a. The ratio applies to destination resorts which were previously approved under a different
standard.
E. Phasing. A destination resort authorized pursuant to DCC 1 8.113.060 may be developed in phases. If a
proposed resort is to be developed in phases, each phase shall be as described in the CMP. Each
individual phase shall meet the following requirements:
I. Each phase,together with previously completed phases, if any, shall be capable of operating in a
manner consistent with the intent and purpose of DCC 18.113 and Goal 8.
2. The first phase and each subsequent phase of the destination resort shall cumulatively meet the
minimum requirements of DCC 18.113.060 and DCC 18.113.070.
3. Each phase may include two or more distinct noncontiguous areas within the destination resort.
F. Destination resorts shall not exceed a density of one and one-half dwelling units per acre including
residential dwelling units and excluding visitor-oriented overnight lodging.
G. Dimensional Standards:
1. The minimum lot area, width, lot coverage, frontage and yard requirements and building heights
otherwise applying to structures in underlying zones and the provisions of DCC 18.116 relating to
solar access shall not apply within a destination resort. These standards shall be determined by the
Planning Director or Hearings Body at the time of the CMP. In determining these standards,the
Planning Director or Hearings Body shall find that the minimum specified in the CMP are adequate
to satisfy the intent of the comprehensive plan relating to solar access, fire protection, vehicle
access, visual management within landscape management corridors and to protect resources
identified by LCDC Goal 5 which are identified in the Comprehensive Plan. At a minimum,a 100-
foot setback shall be maintained from all streams and rivers. Rimrock setbacks shall be as provided
in DCC Title 18. No lot for a single-family residence shall exceed an overall project average of
22,000 square feet in size,
2. Exterior setbacks.
a. Except as otherwise specified herein, all development (including structures, site-obscuring
fences of over three feet in height and changes to the natural topography of the land)shall he
setback from exterior property lines as follows:
i. Three hundred fifty feet for commercial development including all associated parking
areas;
ii. Two hundred fifty feet for multi-family development and visitor-oriented accommodations
(except for single-family residences)including all associated parking areas;
iii. One hundred fifty feet for above-grade development other than that listed in DCC
18.113.060(G)(2)(a)(i)and(ii);
iv. One hundred feet for roads;
v. Fifty feet for golf courses;and
vi. Fifty feet for jogging trails and bike paths where they abut private developed lots and no
setback for where they abut public roads and public lands.
b. Notwithstanding DCC 18.113.060(G)(2)(a)(iii),above-grade development other than that listed
in DCC 18.113.060(G)(2)(a)(i)and(ii)shall be set back 250 feet in circumstances where state
highways coincide with exterior property lines.
c. The setbacks of DCC 18.113.060 shall not apply to entry roadways and signs.
H. Floodplain requirements. The floodplain zone (FP) requirements of DCC 18.96 shall apply to all
developed portions of a destination resort in an FP Zone in addition to any applicable criteria of DCC
18.113. Except for floodplain areas which have been granted an exception to LCDC goals 3 and 4,
floodplain zones shall not be considered part of a destination resort when determining compliance with
the following standards;
PAGE 2 OF 5—EXHIBIT"A"TO ORDINANCE 2016-003
1. One hundred sixty acre minimum site;
2. Density of development;
3. Open space requirements.
A conservation easement as described in DCC Title 18 shall be conveyed to the County for all areas
within a floodplain which are part of a destination resort.
I. The Landscape Management Combining Zone (LM) requirements of DCC 18.84 shall apply to
destination resorts where applicable.
J. Excavation,grading and fill and removal within the bed and banks of a stream or river or in a wetland
shall be a separate conditional use subject to all pertinent requirements of DCC Title 18.
K. Time-share units not included in the overnight lodging calculations shall be subject to approval under
the conditional use criteria set forth in DCC 18.128. Time-share units identified as part of the
destination resort's overnight lodging units shall not be subject to the time-share conditional use criteria
of DCC 18.128.
L. The overnight lodging criteria shall be met,including the 150-unit minimum and the 2-1/2 to I ratio set
forth in DCC 18.113.060(D)(2).
1, Failure of the approved destination resort to comply with the requirements in DCC
18.113.060(L)(2)through (6)will result in the County declining to accept or process any further
land use actions associated with any part of the resort and the County shall not issue any permits
associated with any lots or site plans on any part of the resort until proof is provided to the County
of compliance with those conditions.
2. Each resort shall compile,and maintain,in perpetuity,a registry of all overnight lodging units.
a. The list shall identify each individually-owned unit that is counted as overnight lodging.
b. At all times,at least one entity shall be responsible for maintaining the registry and fulfilling
the reporting requirements of DCC 18.113.060(L)(2)through(6).
c. Initially,the resort management shall be responsible for compiling and maintaining the registry.
d. As a resort develops,the developer shall transfer responsibility for maintaining the registry to
the homeowner association(s). The terms and timing of this transfer shall be specified in the
Conditions,Covenants&Restrictions(CC&Rs).
e. Resort management shall notify the County prior to assigning the registry to a homeowner
association.
f. Each resort shall maintain records documenting its rental program related to overnight lodging
units at a convenient location in Deschutes County,with those records accessible to the County
upon 72 hour notice from the County.
g. As used in this section,"resort management"includes,but is not limited to,the applicant and
the applicant's heirs,successors in interest,assignees other than a home owners association.
3. An annual report shall be submitted to the Planning Division by the resort management or home
owners association(s)each February 1,documenting all of the following as of December 31 of the
previous year:
a. The minimum of 150 permanent units of overnight lodging have been constructed or that the
resort is not yet required to have constructed the 150 units;
b. The number of individually-owned residential platted lots and the number of overnight-lodging
units;
e. The ratio between the individually-owned residential platted lots and the overnight lodging
units;
d. For resort-s.for tihteh_the conceptual mas ter plan..was originally.approved on or after January 1.
2001 following information on each individually-owned residential unit counted as
overnight lodging.
i, Who the owner or owners have been over the last year;
ii. How many nights out of the year the unit was available for rent;
iii. How many nights out of the year the unit was rented out as an overnight lodging facility
under DCC 18.113;
PAGE 3 OF 5—EXHIBIT"A"TO ORDINANCE 2016-003
iv. Documentation showing that these units were available for rental as required.
e. For resorts for which the conceptual...master plan was originally proved before Januc l
2001 the following information on each individually. owned residential unit counted as
overnight lodging.Notwithstanding anything to the contrary in Deschutes County Code,these
resorts may count units not deed_restricted and/or do not utilize a central check-in
system operated by the resort so long as such units meet the Oregon statutory definition of
i, For those units directl man't edU .the resort developer or operator.. revision.
X11 Appll cant P Y �
overnht lodgings in Eastern Oregon Comment[
I Whothe owner or owners have been over the last year;
2 How many nights out of the year the unit was available for rent.;
3. How many-nights out of the year the unit was rented out as an overnight lodging
facility underDC,C,-18.113;
4. Documentation showing that these units were available for rent as required.
ii. For all other units.
1. Address of the unit;
2- Name of the unit owner(st
3 Schedule of_rental availability for the prix year_The schedule of rental availability
shall be based upon monthlystintouts of the availability calendars posted on-line by
the unit_owner or the unit owner's agent.
f This information shall be public record subject to ORS 192.502(1-7) the non-disclosure
provisions in ORS Chapter 192.
4. To facilitate rental to the general public of the overnight lodging units,each resort shall set up and
maintain in perpetuity a telephone reservation system..
5. Any outside property managers renting required overnight lodging units shall be required to
cooperate with the provisions of this code and to annually provide rental information on any
required overnight lodging units they represent to the central office as described in DCC
18.113.060(L)(2)and(3).
6. Before approval of each final plat,all the following shall be provided:
a. Documentation demonstrating compliance with the 2-1/2 to I ratio as defined in DCC
18.113.060(D)(2);
b. Documentation on all individually-owned residential units counted as overnight lodging,
including all of the following:
i. Designation on the plat of any individually-owned units that are going to be counted as
overnight lodging;
ii. Deed restrictions requiring the individually-owned residential units designated as overnight
lodging units to be available for rental at least 38 weeks each year through a central
reservation and check-in service operated by the resort or by a real estate property manager,
as defined in ORS 696.010;
iii. An irrevocable provision in the resort Conditions, Covenants and Restrictions("CC&Rs)
requiring the individually-owned residential units designated as overnight lodging units to
be available for rental at least 38 weeks each year through a central reservation and check-
in service operated by the resort or by a real estate property manager,as defined in ORS
696.010;
iv. A provision in the resort CC&R's that all property owners within the resort recognize that
failure to meet the conditions in DCC 18.113.060(L)(6)(b)(iii) is a violation of Deschutes
County Code and subject to code enforcement proceedings by the County;
v. inclusion of language in any rental contract between the owner of an individually-owned
residential unit designated as an overnight lodging unit and any central reservation and
check-in service or real estate property manager requiring that such unit be available for
rental at least 38 weeks each year through a central reservation and check-in service
operated by the resort or by a real estate property manager,as defined in ORS 696.010,and
PAGE 4 OF 5—EXHIBIT"A"TO ORDINANCE 2016-003
that failure to meet the conditions in DCC 18.113.060(L)(6)(b)(v) is a violation of
Deschutes County Code and subject to code enforcement proceedings by the County.
7. C ompllancc Fee.
a. In the event that aresort that was originally approved before January 1, 2001 fails to report
compliance.with the 2.5:1 _ratio in. a calcndam year as reported in accordance with
18.113.06Q(L)(3)(e), mect shall_be that such resort shall pay a compliance fee due not
later than April 15 of year following the year in which the shortfall occurred.
b. The coniplia.nce fee will be calculated as follows;...
i_ First, by calculating the average per unit transient lodging tax paid by the resort the prior
calendar year y dividing the total amount.paid by the resort in transient lodging taxes for
the prior calendar year the sum of the number of many rem the resort
for which the resort paid transient lodging taxes that same year and the number of
timeshare units
ii. Second,by multiplying that average per unit transient lodging tax amount by the number of
addnion_l overni.ghtlodging umts_th..al would._haye k. necessary to comply wmth,the 2 9;_1.
ratio for the applicable calendaryear.
c. If the Resort were to apply to create more residential_lots, the Resort may not apply the
compliance fee to meet the 2.5:1 ratio of individually-owned residential units to overnight
l,odgigg.units per DCC 18 t13,060(D)(2)and will have to demonstrate compliance per the new
reporting_methods or construct more overnight lodging units in order to comply withthe 25 1
ratio.
(Ord.2016-003§_1 2(1I5LOrd.2013-008§2,2013;Ord.2007-05§2,2007;Ord.92-004§I3, 1992)
PAGE 5 OF 5—EXHIBIT"A"TO ORDINANCE 2016-003
Community Development Department
( l Planning Division Building Safety Division Environmental Soils Division
aPPa'P Uy w y, 1 ti A ,air,iiP`a ii'Rgii",9 P\^°i\?u alm„\401 41\ii0Vot ,44,,\,\`,0
P O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
STAFF REPORT/ BURDEN OF PROOF
DATE: December 14, 2015
of TO: Deschutes County Board o Commissioners
FROM: Peter Gutowsky, Planning Manager
RE: Eagle Crest Text Amendment/247-15-000444-TA/ Public Hearing
The Deschutes County Board of Commissioners (Board) held a public hearing on November 30
to consider text amendments proposed by Oregon Resorts Acquisition Partners, LP, owners of
Eagle Crest Resort to amend Deschutes County Code (DCC) 18.113.060, Standards for
Destination Resorts. The proposed text amendment modifies the current process and
requirements for Eagle Crest to provide the County with annual accountings related to the
inventory of overnight lodging units. They closed the oral record but left the written record open
until December 4. They afforded the applicant final argument until December 11.
I. Text Amendment
Account for all units presently rented, but not meeting current overnight unit
requirements:
The applicant's text amendment creates an updated reporting methodology for Eagle Crest
Resort to more accurately report the availability of overnight lodging units made available
through the Resort's central reservation system, and third party property management services
annually(Ordinance No. 2015-031, Exhibit A).
Eagle Crest is required to annually account for one overnight lodging unit for every 2.5
residential units.' In order to meet the ratio, Eagle Crest needs a total of 661 overnight housing
units that are available at least 38 weeks out of the year.2 Eagle Crest has 1,911 residential
units (as platted residential lots) and 400 overnight units (as hotel, timeshare, and fractional
ownership units)that meet county code, for a ratio of 4.78 residential units per overnight unit.3
Under the proposed text amendment, overnight lodging units would be documented through a
monthly review of the Eagle Crest central reservation system as well as 3`d party websites
(VRBO, Flipkey, Homeaway, etc.) that advertise individually-owned owned units available for
1 Overnight Lodging Units at destination resorts are subject to a number of statutory requirements, including minimum
38 week availability per year. This is described in detail below.
2(1,911-261 individually-owned residential units)!(400 existing overnight lodging units+261 new overnight lodging
units)=2.5 to 1.
3 See Attachment B, Page 29 for a breakdown of the units.
PAGE 1 OF 57—EXHIBIT"B"TO ORDINANCE 2016-003
Quality Services Performed with Pride
overnight stays. Eagle Crest would be required to document the weeks that the units are
advertised as being available and count as overnight units all units that meet or exceed the 38
week minimum.
A survey of owners conducted by Eagle Crest in 2015 suggests that 260 individually-owned
homes were used for transient rentals 38 weeks or more the previous year. In addition, there
were another 40 individually-owned homes that participated in the Resort's Rental Management
Program in 2014, for a total of 300 additional units functioning as overnight lodging. This survey
information suggests that, under proposed accounting methodology, 300 units could be
deducted from the residential total and added to the overnight total. This would allow Eagle
Crest to reduce, for accounting purposes, its 1,911 platted home sites by 300 (260 transient
rentals + 40 homes participating in Resort's rental program), leaving it with 1,611 platted home
sites. With 700 units in the Resort's 2015 Overnight Lodging Report (400 Overnight Lodging
Units in Phases 1 and 2 + 300 transient rentals), its ratio would be lowered to 2.3:1. This would
put it in compliance with the 2.5:1 ratio required under state statute.
Provide a penalty for any remaining shortfall in overnight units:
The proposed text amendment also includes a compliance fee that provides the County with a
remedy to recoup Transient Lodging Tax ("TLT") each year in the event the reporting
mechanism revealed a shortfall in meeting the overnight lodging ratio (e.g. one overnight
lodging unit for each 2.5 platted lots). After documenting Eagle Crest's central reservation
system and 3rd party websites, if the Resort is deficient of the required units, based on the 2.5 to
1 ratio of individually owned residential units to overnight lodging units, the Resort will be
assessed a compliance fee equivalent to the lost transient lodging tax that the county would
have collected from those units.4
The compliance fee is consistent with state law, as ORS 197.435-197.467 does not identify or
require any specific penalty for a failure to meet the required ratio. The Oregon statutes are
geared toward establishing annual reporting mechanisms at the time of master planning and
plat approvals and not with prescribing penalties for failure to meet the 2.5:1 ratio when a resort
provides annual reports.
If the Resort were to apply to create more residential lots, the Resort may not apply the
compliance fee to meet the 2.5:1 ratio of individually-owned residential units to overnight lodging
units per DCC 18.113.060(D)(2) and will have to demonstrate compliance per the new reporting
methods or construct more overnight lodging units in order to comply with the 2.5:1 ratio.
II. Background
Eagle Crest Resort has received a number of land use approvals beginning in 1982.
• Phase 1, consisting of 508 acres and located on the east side of Cline Falls Highway,
preceded Statewide Planning Goal 8, destination resort requirements. It was approved in
1981.
4 In order to meet the 2.5:1 ratio, based on the total number of platted lots that exist today,the Resort needs 661 total
overnight units. For example, assume the Resort paid$250,000 in TLT to the County for the 2015 calendar year,and
the Resort's February 2016 compliance report included 561 total overnight lodging units(OLUs).The Resort would
pay a compliance fee of$44,563 for the prior calendar year. (The Formula:$250,000 in 2015 annual TLT payments
divided by the 561 OLUs covered in the Resort's total annual TLT payments equals$445.63 per OLU multiplied by
the 100 delinquent OLUs.)
PAGE 2 OF 57 EXHIBIT"B"TO ORDINANCE 2016-003
• In 1993, after Deschutes County mapped areas for destination resorts and provided a
zoning overlay district, consistent with State statute, Eagle Crest expanded into Phase 2.
Located on the west side of Cline Falls Highway on the east slope of Cline Buttes, it
contained 746 acres. Eagle Crest received approval for 497 single family homesites,
plus 162 multi-family units, 120 timeshare townhouses and 226 hotel room facilities for a
total of 891 new units and a total of 1,410 total units in both phases.
• In 2001, Phase 3 was proposed on 480 acres on the south and southeast area of Cline
Buttes to expand the existing resort by developing 480 non-contiguous acres with up to
900 dwellings (including overnight) units as well as commercial uses and recreational
amenities.
• None of the individually-owned residential properties are deed restricted.
In 2003, Senate Bill 911 (SB 911) amended the destination resort statute. Most of the changes
in SB 911 provided a separate set of resort approval criteria for eastern Oregon. The
amendments:
• Raised the ratio of individually owned residential units to overnight lodging from 2:1 to
2.5:1.
• Reduced the number of weeks a individually owned dwelling counted as overnight
lodging must be in place in a rental pool from 45 to 38.
• Clarified that homeowners may rent overnight lodging units through either the resort's
central service or an outside property management company.
• Altered phasing of the minimum required 150 units of overnight lodging to reduce
resort's first phase overnight lodging from 75 units to 50 units and enabled the resort to
phase in the remaining 100 units over a 10 year time period.
• Allowed counties to amend destination resort overlay mapping outside of periodic
review.
• Added a requirement for an annual accounting of the overnight lodging at the resort
including the status of the required 150 units of overnight lodging, the ratio between
individually owned units and overnight units and information on individually owned units
counted as required overnight units.
As a result of SB 911, Deschutes County Code amended its code and began requiring annual
reporting, DCC 18.113.060(L) in 2006. Staff sent out a letter to Eagle Crest requesting the
required annual report on individually owned units counting towards their overnight ratio.5 The
letter was sent only to Eagle Crest, because at the time, they were the only destination resort
meeting the criteria. A timely response was received listing the total number of housing units of
each type, but without the required information for the individually owned units acting as
overnight units. Consequently, staff sent another letter. Beginning in 2008, Eagle Crest relied on
a property owner questionnaire, surveying:
• Whether or not they rent their property as an overnight lodging unit;
• How many weeks it was available for rent;
5 Board of County Commissioner memorandum,Terri Payne,August 23,2006.
PAGE 3 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
• How many nights it was rented;
• If they used a property manager or Eagle Crest;
• Is the property their primary residence or vacation home; and,
• If they are renting it, do they plan on renting it in the future?
While coordinating with Eagle Crest to verify their overnight requirements, staff was also
reviewing and approving subdivision plats, assuming that the reporting requirements
demonstrated that the requisite number of overnight units were available for 38 weeks a year.
As the first Goal 8 destination resort, both Eagle Crest and Deschutes County were learning
how to monitor overnight lodging unit requirements.
Deschutes County and Oregon Resorts Acquisition Partners, LP, have been meeting for several
months to develop an acceptable strategy to address this issue and bring the resort into
compliance. Prior to the application submittal, Deschutes County and Eagle Crest coordinated
with the Oregon Department of Land Conservation and Development (DLCD). Scott Edelman,
Central Oregon Regional Representative provided an email and a letter stating his agency has
no objections to the proposal (Attachment A)
III. Burden of Proof
The Resort's findings, included in Attachment B,justify the amendments by stating, in part:
Because the County Code requires individually-owned units to be deed restricted
in order to be counted as overnight lodging units but state law does not, the
County Code is more restrictive than State Law. Having only the 400 units results
in a shortfall of 300 deed restricted units that likely act as overnight lodging units
but are not in strict compliance with County Code. This amendment will
modernize County Code to reflect current overnight lodging trends and practices
while providing an avenue for the Resort to comply with the 2.5:1 ratio.
The Resort desires to update the County reporting requirements associated with
overnight lodging units in order to be responsive to the technological changes in
the industry. The Resort desires to use the same technologies to track the true
number of overnight lodging units that are available with the Resort. The
increased accuracy of reporting is aimed to ensure the long-term compliance and
viability of the Resort.
Specifically, the Resort is proposing to amend the text of Section 18.113.060 in a
narrowly tailored fashion so as to only affect and apply to the Resort and not
impact the operations or requirements applicable to any of the other County
destination resorts.
The amendment would result in, (1) imposition of practical reporting requirements
that reflect the reality of modern vacation rental trends and allow for increased
accuracy in the Resort's identification and reporting of vacation rental availability
and usage, and (2) a mechanism by which the County can collect an amount
approximately equivalent to the TLT for those unaccounted for units, annually, if
the Resort's annual reports do not indicate compliance with the overnight lodging
ratios.
PAGE 4 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
IV. Review Criteria
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative
zoning text amendment. Oregon Resorts Acquisition Partners, LP, as the applicant bears the
burden for justifying that the text amendment is consistent with State statutes, Statewide
Planning Goals and the County Comprehensive Plan.
1. Oregon Statewide Planning Goals
Goal 8:Recreational Needs[OAR 660-015-0000(8)]
To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
RECREATION PLANNING
The requirements for meeting such needs, now and in the future, shall be planned for by
governmental agencies having responsibility for recreation areas, facilities and
opportunities: (1) in coordination with private enterprise; (2) in appropriate proportions;
and (3) in such quantities, quality and locations as is consistent with the availability of
the resources to meet such requirements. State and federal agency recreation plans
shall be coordinated with local and regional recreational needs and plans.
Applicants Response: The proposed text amendment and change to the County reporting
methodology is an example of the planning anticipated by this provision. The text amendment
furthers the ability of the County and the Resort to more accurately track the amount of the
overnight lodgings on destination resort land, and is thereby consistent with the stated purpose
of collaborative public and private planning for appropriate quantities and placements of
recreation facilities.
DESTINATION RESORT PLANNING
Comprehensive plans may provide for the siting of destination resorts on rural lands
subject to the provisions of state law, including ORS 197.435 to 197.467, this and other
Statewide Planning Goals, and without an exception to Goals 3, 4, 11, or 14.
Eligible Areas
(1) Destination resorts allowed under the provisions of this goal must be sited
on lands mapped as eligible by the affected county. A map adopted by a county may
not allow destination resorts approved under the provisions of this goal to be sited in any
of the following areas:
(a) Within 24 air 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;
(b) On a site with 50 or more contiguous acres of unique or prime farm land
identified and mapped by the United States Natural Resources Conservation Service or
its predecessor agency; or within three miles of a High Value Crop Area except that
PAGE 5 OF 57—EXHIBIT"B"TO ORDINANCE 2016-003
1
"small destination resorts"may not be closer to a high value crop area than one-half mile
for each 25 units of overnight lodging or fraction thereof;
(c) On predominantly Cubic Foot Sites Class 1 or 2 forestlands, as
determined by the State Forestry Department, that are not subject to an approved goal
exception;
(d) In the Columbia River Gorge National Scenic Area as defined by the
Columbia River Gorge National Scenic Act, P.L. 99-663;
(e) In an 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.
(2) "Small destination resorts" may be allowed consistent with the siting
requirements of section (1) above, in the following areas:
(a) On land that is not defined as agricultural or forest land under Goal 3 or 4;
or
(b) On land where there has been an exception to Statewide Planning Goals
3, 4, 11, or 14.
Applicants Response: The proposed text amendment does not impact the list of ineligible
lands for siting of destination facilities. Thus, this provision is not applicable.
Siting Standards
(1) Counties shall ensure that destination resorts are compatible with the site
and adjacent land uses through the following measures:
(a) Important natural features, including habitat of threatened or endangered
species, streams, rivers, and significant wetlands shall be maintained. Riparian
vegetation within 100 feet of streams, rivers and significant wetlands shall be
maintained. Alterations to important natural features, including placement of structures
that maintain the overall values of the feature, may be allowed.
(b) Sites designated for protection in an acknowledged comprehensive plan
designated pursuant to Goal 5 that are located on the tract used for the destination
resort shall be preserved through conservation easements as set forth in ORS 271.715
to 271.795. Conservation easements adopted to implement this requirement shall be
sufficient to protect the resource values of the site and shall be recorded with the
property records of the tract on which the destination resort is sited.
(c) Improvements and activities shall be located and designed to avoid or
minimize adverse effects of the resort on uses on surrounding lands, particularly effects
on intensive farming operations in the area. At a minimum, measures to accomplish this
shall include:
(i) Establishment and maintenance of buffers between the resort and
adjacent land uses, including natural vegetation and where appropriate, fences, berms,
landscaped areas, and other similar types of buffers.
(ii) Setbacks of structures and other improvements from adjacent land uses.
(iii) Measures that prohibit the use or operation in conjunction with the resort
of a portion of a tract that is excluded from the site of a destination resort pursuant to
PAGE 6 OF 57-EXHIBIT`B"TO ORDINANCE 2016-003
ORS 197.435(7). Subject to this limitation, the use of the excluded property shall be
governed by otherwise applicable law.
Applicant's Response: The proposed text amendment does not impact standards for siting
destination resorts, or the actual siting of the Resort. Thus, this provision is not applicable.
Implementing Measures
(1) Comprehensive plans allowing for destination resorts shall include
implementing measures that:
(a) Adopt a map consisting of eligible lands for large destination resorts
within the county. The map shall be based on reasonably available information, and shall
not be subject to revision or refinement after adoption except in conformance with ORS
197.455, and 197.610 to 197.625, but not more frequently than once every 30 months.
The county shall develop a process for collecting and processing concurrently all map
amendments made within a 30 month planning period. A map adopted pursuant to this
section shall be the sole basis for determining whether tracts of land are eligible for siting
of large destination resorts under the provisions of this goal and ORS 197.435 to
197.467.
(b) Limit uses and activities to those permitted by this goal.
(c) Assure developed recreational facilities and key facilities intended to
serve the entire development and visitor oriented accommodations are physically
provided or are 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.
Applicant's Response: The proposed text amendment does not amend the County
Comprehensive Plan and is consistent with the Destination Resort policies at Section 3.9 of the
Comprehensive Plan, which are addressed below. Thus, this provision is not applicable.
DEFINITIONS
Destination Resort -- A self-contained development providing visitor-oriented
accommodations and developed recreational facilities in a setting with high natural
amenities, and that qualifies under the definition of either a "large destination resort"or a
"small destination resort"in this goal. Spending required under these definitions is stated
in 1993 dollars. The spending required shall be adjusted to the year in which calculations
are made in accordance with the United States Consumer Price Index.
Applicant's Response: The proposed text amendment does not impact the definition of
"Destination Resort." Thus, this provision is not applicable.
Large Destination Resort -- To qualify as a "large destination resort"under this Goal, a
proposed development must meet the following standards:
PAGE 7 OF 57-EXHIBIT`B"TO ORDINANCE 2016-003
(1) The resort must be located on a site of 160 acres or more except within
two miles of the ocean shoreline where the site shall be 40 acres or more.
(2) At least 50 percent of the site must be dedicated as permanent open
space excluding yards, streets and parking areas.
(3) At least $7 million must be spent on improvements for onsite 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.
(4) Commercial uses allowed are limited to types and levels necessary to
meet the needs of visitors to the development. Industrial uses of any kind are not
permitted.
(5) Visitor-oriented accommodations including meeting rooms, restaurants
with seating for 100 persons, and 150 separate rentable units for overnight lodging must
be provided. Accommodations available for residential use shall not exceed two such
units for each unit of overnight lodging, or two and one-half such units on land that is in
Eastern Oregon as defined by ORS 321.805. However, the rentable overnight lodging
units may be phased in as follows:
(a) On land that is not in Eastern Oregon, as defined in ORS 321.805:
(A) A total of 150 units of overnight lodging must be provided.
(B) At least 75 units of overnight lodging, not including any individually owned
homes, lots or units must be constructed or guaranteed through surety, bonding or
equivalent financial assurance prior to the closure of sale of individual lots or units.
(C) The remaining overnight lodging units must be provided as individually
owned lots or units subject to deed restrictions that limit their use to overnight lodging
units. The deed restrictions may be rescinded when the resort has constructed 150 units
of permanent overnight lodging as required by this section.
(D) The number of units approved for residential sale may not be more than
two units for each unit of permanent overnight lodging provided under this section.
(E) The development approval shall provide for the construction of other
required overnight lodging units within five years of the initial lot sales.
(b) On lands in Eastern Oregon, as defined in ORS 321.805:
(A) A total of 150 units of overnight lodging must be provided.
(B) At least 50 units of overnight lodging must be constructed prior to the
closure of sale of individual lots or units.
(C) At least 50 of the remaining 100 required overnight lodging units must be
constructed or guaranteed through surety bonding or equivalent financial assurance
within five years of the initial lot sales.
(D) The remaining required overnight lodging units must be constructed or
guaranteed through surety bonding or equivalent financial assurances within 10 years of
the initial lot sales.
(E) The number of units approved for residential sale may not be more than
2-1/2 units for each unit of permanent overnight lodging provided under this section.
(F) If the developer of a resort guarantees the overnight lodging units
required under paragraphs (C) and (D) of this subsection through surety bonding or
other equivalent financial assurance, the overnight lodging units must be constructed
PAGE 8 OF 57 - EXHIBIT"B"TO ORDINANCE 2016-003
within four years of the date of execution of the surety bond or other equivalent financial
assurance.
(6) When making a land use decision authorizing construction of a "large
( ) g g g
destination resort"in Eastern Oregon, as defined in ORS 321.805, the governing body of
the county or its designee shall require the resort developer to provide an annual
accounting to document compliance with the overnight lodging standards of this
definition. The annual accounting requirement commences one year after the initial lot or
unit sales. The annual accounting must contain:
(a) Documentation showing that the resort contains a minimum of 150
permanent units of overnight lodging or, during the phase-in period, documentation
showing the resort is not yet required to have constructed 150 units of overnight lodging.
(b) Documentation showing that the resort meets the lodging ratio described
in section (5)(b) of this definition.
(c) For a resort counting individually owned units as qualified overnight
lodging units, the number of weeks that each overnight lodging unit is available for rental
to the general public as described in section (2) of the definition for "overnight lodgings"
in this goal.
Applicant's Response: The proposed text amendment is consistent with this definition of
Large Destination Resort. The text amendment does not impact the qualifying factors for a
large destination resort, such as location, open space, investment in recreational facilities,
allowed commercial uses, visitor-oriented accommodations, or the ratio of overnight lodging
units to units for residential sale. The proposed text amendment is consistent with and
implements the provisions requiring an annual accounting from destination resorts. The
amendment retains the requirement for the accounting to include documentation of compliance
with the minimum amount of overnight lodging units and overnight lodging unit ratio. Thus, the
proposed text amendment is consistent with this definition of large destination resort.
Small Destination Resort -- To qualify as a "small destination resort" under Goal 8, a
proposed development must meet standards (2) and (4) under the definition of "large
destination resort"and the following standards:
(1) The resort must be located on a site of 20 acres or more.
(2) At least $2 million must be spent on improvements for onsite 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 must be
spent on developed recreation facilities.
(3) At least 25 but not more than 75 units of overnight lodging shall be
provided.
(4) Restaurant and meeting rooms with at least one seat for each unit of
overnight lodging must be provided.
(5) Residential uses must be limited to those necessary for the staff and
management of the resort.
(6) The county governing body or its designee must review the proposed
resort and determine that the primary purpose of the resort is to provide lodging and
other services oriented to a recreational resource that can only reasonably be enjoyed in
PAGE 9 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
a rural area. Such recreational resources include, but are not limited to, a hot spring, a
ski slope or a fishing stream.
(7) The resort shall be constructed and located so that it is not designed to
attract highway traffic. Resorts shall not use any manner of outdoor advertising signing
except:
(a) Tourist oriented directional signs as provided in ORS 377.715 to 377.830;
and
(b) Onsite identification and directional signs.
Applicant's Response: The Resort is a large destination resort, and the applicability of
proposed text amendment is limited to the Resort. Thus, the definition of small destination
resort is not applicable.
Developed Recreation Facilities -- are improvements constructed for the purpose of
recreation and may include but are not limited to golf courses, tennis courts, swimming
pools, marinas, ski runs and bicycle paths.
High-Value Crop Area -- an area in which there is a concentration of commercial farms
capable of producing crops or products with a minimum gross value of$1,000 per acre
per year. These crops and products include field crops, small fruits, berries, tree fruits,
nuts, or vegetables, dairying, livestock feedlots, or Christmas trees as these terms are
used in the 1983 County and State Agricultural Estimates prepared by the Oregon State
University Extension Service. The High-Value Crop Area Designation is used for the
purpose of minimizing conflicting uses in resort siting and is not meant to revise the
requirements of Goal 3 or administrative rules interpreting the goal.
q p 9 9
Map of Eligible Lands--a map of the county adopted pursuant to ORS 197.455.
Open Space -- means any land that is retained in a substantially natural condition or is
improved for recreational uses such as golf courses, hiking or nature trails or equestrian
or bicycle paths or is specifically required to be protected by a conservation easement.
Open spaces may include ponds, lands protected as important natural features, land
preserved for farm or forest use and lands used as buffers. Open space does not include
residential lots or yards, streets or parking areas.
Overnight Lodgings -- are permanent, separately rentable accommodations that are not
available for residential use. Overnight lodgings include hotel or motel rooms, cabins,
and time-share units. Tent sites, recreational vehicle parks, manufactured dwellings,
dormitory rooms, and similar accommodations do not qualify as overnight lodgings for
the purpose of this definition. Individually owned units may be considered overnight
lodgings if:
(1) With respect to lands not in Eastern Oregon, as defined in ORS 321.805,
they are available for overnight rental use by the general public for at least 45 weeks per
calendar year through a central reservation and check-in service, or
PAGE 10 OF 57-EXHIBIT`B"TO ORDINANCE 2016-003
(2) With respect to lands in Eastern Oregon, as defined in ORS 321.805,
they are available for overnight rental use by the general public for at least 38 weeks per
calendar year through a central reservation system operated by the destination resort or
by a real estate property manager, as defined in ORS 696.010.
Recreation Areas, Facilities and Opportunities -- provide for human development and
enrichment, and include but are not limited to: open space and scenic landscapes;
recreational lands; history, archaeology and natural science resources; scenic roads and
travelers; sports and cultural events; camping, picnicking and recreational lodging;
tourist facilities and accommodations; trails; waterway use facilities; hunting; angling;
winter sports;mineral resources; active and passive games and activities.
Recreation Needs -- refers to existing and future demand by citizens and visitors for
recreations areas, facilities and opportunities.
Self-contained Development -- means a development for which community sewer and
water facilities are provided onsite and are limited to meet the needs of the development
or are provided by existing public sewer or water service as long as all costs related to
service extension and any capacity increases are borne by the development. A "self-
contained development"must have developed recreational facilities provided on-site.
Tract -- means a lot or parcel or more than one contiguous lot or parcel in a single
ownership. A tract may include property that is not included in the proposed site for a
destination resort if the property to be excluded is on the boundary of the tract and
constitutes less than 30 percent of the total tract.
Visitor-Oriented Accommodations -- are overnight lodging, restaurants, meeting facilities
which are designed to and provide for the needs of visitors rather than year-round
residents.
Applicants Response: The proposed text amendment does not impact the definition of
developed recreation facilities, high-value crop area, recreational needs, self-contained
development, tract, or visitor-oriented accommodations. Thus, these definitions are not
applicable.
GUIDELINES FOR GOAL 8
A. PLANNING
1. An inventory of recreation needs in the planning area should be made
based upon adequate research and analysis of public wants and desires.
2. An inventory of recreation opportunities should be made based upon
adequate research and analysis of the resources in the planning area that are available
to meet recreation needs.
3. Recreation land use to meet recreational needs and development
standards, roles and responsibilities should be developed by all agencies in coordination
PAGE 11 OF 57 EXHIBIT"B"TO ORDINANCE 2016-003
with each other and with the private interests. Long range plans and action programs to
meet recreational needs should be deve loped by each agency responsible for
developing comprehensive plans.
4. The planning for lands and resources capable of accommodating multiple
uses should include provision for appropriate recreation opportunities.
5. The State Comprehensive Outdoor Recreation Plan could be used as a
guide when planning, acquiring and developing recreation resources, areas and
facilities.
6. When developing recreation plans, energy consequences should be
considered, and to the greatest extent possible non-motorized types of recreational
activities should be preferred over motorized activities.
7. Planning and provision for recreation facilities and opportunities should
give priority to areas, facilities and uses that
(a) Meet recreational needs requirements for high density population centers,
(b) Meet recreational needs of persons of limited mobility and finances,
(c) Meet recreational needs requirements while providing the maximum
conservation of energy both in the transportation of persons to the facility or area and in
the recreational use itself,
(d) Minimize environmental deterioration,
(e) Are available to the public at nominal cost, and
(l) Meet needs of visitors to the state.
8. Unique areas or resources capable of meeting one or more specific
recreational needs requirements should be inventoried and protected or acquired.
9. All state and federal agencies developing recreation plans should allow
for review of recreation plans by affected local agencies.
10. Comprehensive plans should be designed to give a high priority to
enhancing recreation opportunities on the public waters and shorelands of the state
especially on existing and potential state and federal wild and scenic waterways, and
Oregon Recreation Trails.
11. Plans that provide for satisfying the recreation needs of persons in the
planning area should consider as a major determinant, the carrying capacity of the air,
P 9 J Y 9' p Y
land and water resources of the planning area. The land conservation and development
actions provided for by such plans should not exceed the carrying capacity of such
resources.
Applicants Response: The proposed text amendment does not amend the County
Comprehensive Plan or require additional planning relating to recreational lands. Thus, these
Guidelines are not applicable.
B. IMPLEMENTATION
Plans should take into account various techniques in addition to fee acquisition such as
easements, cluster developments, preferential assessments, development rights
acquisition, subdivision park land dedication that benefits the subdivision, and similar
techniques to meet recreation requirements through tax policies, land leases, and similar
programs.
PAGE 12 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
Applicants Response: The proposed text amendment does not amend the County
Comprehensive Plan or require additional planning relating to recreational lands. Thus, this
provision is not applicable.
C. RESORT SITING
Measures should be adopted to minimize the adverse environmental effects of resort
development on the site, particularly in areas subject to natural hazards. Plans and
ordinances should prohibit or discourage alterations and structures in the 100 year
floodplain and on slopes exceeding 25 percent. Uses and alterations that are
appropriate for these areas include:
1. Minor drainage improvements that do not significantly impact important
natural features of the site;
2. Roads, bridges and utilities where there are no feasible alternative
locations on the site;and
3. Outdoor recreation facilities including golf courses, bike paths, trails,
boardwalks, picnic tables, temporary open sided shelters, boating facilities, ski lifts and
runs. Alterations and structures permitted in these areas should be adequately protected
from geologic hazards or of minimal value and designed to minimize adverse
environmental effects.
Applicants Response: The proposed text amendment does not impact siting of destination
resorts. Thus, this provision is not applicable.
2. Oregon Revised Statutes
ORS 197.435-467 Siting of Destination Resorts
197.435 Definitions for ORS 197.435 to 197.467. As used in ORS 197.435 to 197.467:
(1) "Developed recreational facilities" means improvements constructed for the
purpose of recreation and may include but are not limited to golf courses, tennis courts,
swimming pools, marinas, ski runs and bicycle paths.
(2) "High value crop area" means an area in which there is a concentration of
commercial farms capable of producing crops or products with a minimum gross value of
$1,000 per acre per year. These crops and products include field crops, small fruits,
berries, tree fruits, nuts or vegetables, dairying, livestock feedlots or Christmas trees as
these terms are used in the 1983 County and State Agricultural Estimates prepared by
the Oregon State University Extension Service. The "high value crop area"designation is
used for the purpose of minimizing conflicting uses in resort siting and does not revise
the requirements of an agricultural land goal or administrative rules interpreting the goal.
(3) "Map of eligible lands"means a map of the county adopted pursuant to ORS
197.455.
(4) "Open space" means any land that is retained in a substantially natural
condition or is improved for recreational uses such as golf courses, hiking or nature trails
or equestrian or bicycle paths or is specifically required to be protected by a
conservation easement. Open spaces may include ponds, lands protected as important
PAGE 13 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
natural features, lands preserved for farm or forest use and lands used as buffers. Open
space does not include residential lots or yards, streets or parking areas.
(5) "Overnight lodgings"means:
(a) With respect to lands not identified in paragraph (b) of this subsection,
permanent, separately rentable accommodations that are not available for residential
use, including hotel or motel rooms, cabins and time-share units. Individually owned
units may be considered overnight lodgings if they are available for overnight rental use
by the general public for at least 45 weeks per calendar year through a central
reservation and check-in service. Tent sites, recreational vehicle parks, manufactured
dwellings, dormitory rooms and similar accommodations do not qualify as overnight
lodgings for the purpose of this definition.
(b) With respect to lands in eastern Oregon, as defined in ORS 321.805,
permanent, separately rentable accommodations that are not available for residential
use, including 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 38 weeks per calendar year through a central
reservation system operated by the destination resort or by a real estate property
manager, as defined in ORS 696.010. Tent sites, recreational vehicle parks,
manufactured dwellings, dormitory rooms and similar accommodations do not qualify as
overnight lodgings for the purpose of this definition.
(6) "Self-contained development" means a development for which community
sewer and water facilities are provided on-site and are limited to meet the needs of the
development or are provided by existing public sewer or water service as long as all
costs related to service extension and any capacity increases are borne by the
development. A "self-contained development"must have developed recreational facilities
provided on-site.
(7) "Tract"means a lot or parcel or more than one contiguous lot or parcel in a
single ownership. A tract may include property that is not included in the proposed site
for a destination resort if the property to be excluded is on the boundary of the tract and
constitutes less than 30 percent of the total tract.
(8) "Visitor-oriented accommodations"means overnight lodging, restaurants and
meeting facilities that are designed to and provide for the needs of visitors rather than
year-round residents. [1987 c.886 §3; 1989 c.648 §52; 1993 c.590 §1; 2003 c.812 §1;
2005 c.22§140]
Applicants Response: The proposed text amendment does not impact the definition of
developed recreation facilities, high-value crop area, map of eligible lands, open space,
overnight lodging, self-contained development, tract, or visitor-oriented accommodations. Thus,
the proposed text amendment is consistent with the statutory definitions at ORS 197.435.
197.440 Legislative findings. The Legislative Assembly finds that:
(1) It is the policy of this state to promote Oregon as a vacation destination and to
encourage tourism as a valuable segment of our state's economy;
(2) There is a growing need to provide year-round destination resort
accommodations to attract visitors and encourage them to stay longer. The
PAGE 14 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
establishment of destination resorts will provide jobs for Oregonians and contribute to
the state's economic development;
(3) It is a difficult and costly process to site and establish destination resorts in
rural areas of this state; and
(4) The siting of destination resort facilities is an issue of statewide concern.
[1987 c.886§2]
Applicants Response: The proposed text amendment does not impact the policies in this
section regarding siting of destination resorts and promotion of Oregon as a vacation
destination. Thus, these provisions are not applicable.
197.445 Destination resort criteria; phase-in requirements; annual accounting. A
destination resort is a self-contained development that provides for visitor-oriented
accommodations and developed recreational facilities in a setting with high natural
amenities. To qualify as a destination resort under ORS 30.947, 197.435 to 197.467,
215.213, 215.283 and 215.284, a proposed development must meet the following
standards:
(1) The resort must be located on a site of 160 acres or more except within two
miles of the ocean shoreline where the site shall be 40 acres or more.
(2) At least 50 percent of the site must be dedicated to permanent open space,
excluding streets and parking areas.
(3) At least $7 million must be spent on improvements for on-site developed
recreational facilities and visitor-oriented accommodations exclusive of costs for land,
sewer and water facilities and roads. Not less than one-third of this amount must be
spent on developed recreational facilities.
Applicants Response: The proposed text amendment does not impact the standards for
destination resort location, open space, or investment in recreational facilities. Thus, these
provisions are not applicable.
(4) Visitor-oriented accommodations including meeting rooms, restaurants with
seating for 100 persons and 150 separate rentable units for overnight lodging shall be
provided. However, the rentable overnight lodging units may be phased in as follows:
(a) On lands not described in paragraph (b) of this subsection:
(A)A total of 150 units of overnight lodging must be provided.
(B) At least 75 units of overnight lodging, not including any individually owned
homes, lots or units, must be constructed or guaranteed through surety bonding or
equivalent financial assurance prior to the closure of sale of individual lots or units.
(C) The remaining overnight lodging units must be provided as individually
owned lots or units subject to deed restrictions that limit their use to use as overnight
lodging units. The deed restrictions may be rescinded when the resort has constructed
150 units of permanent overnight lodging as required by this subsection.
(D) The number of units approved for residential sale may not be more than two
units for each unit of permanent overnight lodging provided under this paragraph.
PAGE 15 OF 57—EXHIBIT"B"TO ORDINANCE 2016-003
(E) The development approval must provide for the construction of other required
overnight lodging units within five years of the initial lot sales.
Applicants Response: The standards at ORS 197.445(4)(a) are applicable to lands that are
not in eastern Oregon, as defined in ORS 321.805. The Resort is located in Eastern Oregon,
and the applicability of the proposed text amendment is limited to the Resort. Thus, these
provisions are not applicable.
(b) On lands in eastern Oregon, as defined in ORS 321.805:
(A) A total of 150 overnight lodging must be provided.
(B) At least 50 units of overnight lodging must be constructed prior to the
closure of sale of individual lot sales.
(C) Ate least 50 of the remaining 100 required overnight lodging units must
be constructed or guaranteed through surety bonding or equivalent financial assurance
within five years of the initial lot sales.
(D) The remaining required overnight lodging units must be constructed or
guaranteed through surety bonding or equivalent financial assurances within 10 years of
the initial lot sales.
(E) The number of units approved for residential sale may not be more than
2-1/2 units for each unit of permanent overnight lodging provided under this paragraph.
(F) If the developer of a resort guarantees the overnight lodging units
required under subparagraphs (C) and (D) of this paragraph through surety bonding or
other equivalent financial assurance, the overnight lodging units must be constructed
within four years of the date of execution of the surety bond or other equivalent financial
assurance.
Applicants Response: The proposed text amendment is limited to a broadened reporting
methodology and establishing a remedy for not reaching the required ratio which is also a
mechanism for the County to recoup otherwise unavailable TLT. No change is proposed to the
required amount of overnight lodging, the timing of construction of such units, the security
requirements associated with construction of such units, or the relative number of such units to
units for residential sale. Thus, the proposed text amendment complies with these criteria.
(5) Commercial uses allowed are limited to types and levels of use necessary to
meet the needs of visitors to the development. Industrial uses of any kind are not
permitted.
Applicants Response: The proposed text amendment does not impact the commercial uses
allowed on destination resorts. Thus, these provisions are not applicable.
(6) In lieu of the standards in subsections (1), (3) and (4) of this section, the
standards set forth in subsection (7) of this section apply to a destination resort:
(a) On land that is not defined as agricultural or forest land under any statewide
planning goal;
PAGE 16 OF 57 EXHIBIT`B"TO ORDINANCE 2016-003
(b) On land where there has been an exception to any statewide planning goal
on agricultural lands, forestlands, public facilities and services and urbanization; or
(c) On such secondary lands as the Land Conservation and Development
Commission deems appropriate.
(7) The following standards apply to the provisions of subsection (6) of this
section:
(a) The resort must be located on a site of 20 acres or more.
(b) At least $2 million must be spent on improvements for on-site developed
recreational facilities and visitor-oriented accommodations exclusive of costs for land,
sewer and water facilities and roads. Not less than one-third of this amount must be
spent on developed recreational facilities.
(c) At least 25 units, but not more than 75 units, of overnight lodging must be
provided.
(d) Restaurant and meeting room with at least one seat for each unit of overnight
lodging must be provided.
(e) Residential uses must be limited to those necessary for the staff and
management of the resort.
(f) The governing body of the county or its designee has reviewed the resort
proposed under this subsection and has determined that the primary purpose of the
resort is to provide lodging and other services oriented to a recreational resource which
can only reasonably be enjoyed in a rural area. Such recreational resources include, but
are not limited to, a hot spring, a ski slope or a fishing stream.
(g) The resort must be constructed and located so that it is not designed to
attract highway traffic. Resorts may not use any manner of outdoor advertising signing
except:
(A) Tourist oriented directional signs as provided in ORS 377.715 to 377.830;
and
(B) On-site identification and directional signs.
Applicants Response: These provisions are applicable to small destination resorts, as the
term is defined under Statewide Planning Goal 8. The Resort is a large destination resort.
Thus, these provisions are not applicable.
(8) Spending required under subsections (3) and (7) of this section is stated in
1993 dollars. The spending required shall be adjusted to the year in which calculations
are made in accordance with the United States Consumer Price Index.
Applicants Response: The proposed text amendment does not impact the spending and
investment requirements for newly approved destination resorts. Thus, the proposed text
amendment complies with these criteria.
(9) When making a land use decision authorizing construction of a
destination resort in eastern Oregon, as defined in ORS 321.805, the governing body of
the county or its designee shall require the resort developer to provide an annual
accounting to document compliance with the overnight lodging standards of this section.
PAGE 17 OF 57 EXHIBIT"B"TO ORDINANCE 2016-003
The annual accounting requirement commences one year after the initial lot or unit
sales. The annual accounting must contain:
(a) Documentation showing that the resort contains a minimum of 150
permanent units of overnight lodging or, during the phase-in period, documentation
showing the resort is not yet required to have constructed 150 units of overnight lodging.
(b) Documentation showing that the resort meets the lodging ratio described
in subsection (4) of this section.
(c) For a resort counting individually owned units as qualified overnight
lodging units, the number of weeks that each overnight lodging unit is available for rental
to the general public as described in ORS 197.435.
Applicants Response: These criteria do not address the ability of the County to recoup
otherwise unavailable TLT revenue. The proposed change to the County reporting methodology
would not change the requirement to report annually, or to document compliance with the
overall required number of overnight units and the relative number of such units to units for
residential sale. Expanding the allowed format of reporting to include "monthly printouts of the
availability calendars posted on-line by the unit owner or the unit owner's agent" is consistent
with the requirement to report the number of weeks that each overnight lodging unit is available
for rental" pursuant to subsection (c). Thus, the proposed text amendment complies with these
criteria.
197.450 Siting without taking goal exception. In accordance with the provisions of ORS
30.947, 197.435 to 197.467, 215.213, 215.283 and 215.284, a comprehensive plan may
provide for the siting of a destination resort on rural lands without taking an exception to
statewide planning goals relating to agricultural lands, forestlands, public facilities and
services or urbanization. [1987 c.886§5]
Applicants Response: The proposed text amendment does not impact the standards for siting
a destination resort without taking a goal exception. Thus, this provision is not applicable.
197.455 Siting of destination resorts; sites fro m which d es tination resort excluded. (1)
A
destination resort may be sited only on lands mapped as eligible for destination resort
siting by the affected county. The county may not allow destination resorts approved
pursuant to ORS 197.435 to 197.467 to be sited in any of the following areas:
(a) Within 24 air 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.
(b)(A) On a site with 50 or more contiguous acres of unique or prime farmland
identified and mapped by the United States Natural Resources Conservation Service, or
its predecessor agency.
(8) On a site within three miles of a high value crop area unless the resort
complies with the requirements of ORS 197.445 (6) in which case the resort may not be
closer to a high value crop area than one-half mile for each 25 units of overnight lodging
or fraction thereof.
PAGE 18 OF 57 EXHIBIT"B"TO ORDINANCE 2016-003
(c) On predominantly Cubic Foot Site Class 1 or 2 forestlands as determined by
the State Forestry Department, which are not subject to an approved goal exception.
(d) In the Columbia River Gorge National Scenic Area as defined by the
Columbia River Gorge National Scenic Act, P.L. 99-663.
(e) In an especially sensitive big game habitat area:
(A)As determined by the State Department of Fish and Wildlife in July 1984, and
in additional especially sensitive big game habitat areas designated by a county in an
acknowledged comprehensive plan; or
(B) If the State Fish and Wildlife Commission amends the 1984 determination
with respect to an entire county and the county amends its comprehensive plan to reflect
the commission's subsequent determination, as designated in the acknowledged
comprehensive plan.
(f) On a site in which the lands are predominantly classified as being in Fire
Regime Condition Class 3, unless the county approves a wildfire protection plan that
demonstrates the site can be developed without being at a high overall risk of fire.
(2) In carrying out subsection (1) of this section, a county shall adopt, as part of
its comprehensive plan, a map consisting of eligible lands within the county. The map
must be based on reasonably available information and may be amended pursuant to
ORS 197.610 to 197.625, but not more frequently than once every 30 months. The
county shall develop a process for collecting and processing concurrently all map
amendments made within a 30-month planning period. A map adopted pursuant to this
section shall be the sole basis for determining whether tracts of land are eligible for
destination resort siting pursuant to ORS 197.435 to 197.467. [1987 c.886 §6; 1993
c.590§3; 1997 c.249§57; 2003 c.812§3; 2005 c.22§142; 2005 c.205§1; 2010 c.32§1]
Applicants Response: The proposed text amendment does not impact the standards for siting
a destination resort. Thus, these provisions are not applicable.
197.460 Compatibility with adjacent land uses; county measures; economic impact
analysis; traffic impact analysis. A county shall ensure that a destination resort is
compatible with the site and adjacent land uses through the following measures:
(1) Important natural features, including habitat of threatened or endangered
species, streams, rivers and significant wetlands shall be retained. Riparian vegetation
within 100 feet of streams, rivers and significant wetlands shall be retained. Alteration of
important natural features, including placement of structures that maintain the overall
values of the feature may be allowed.
(2) Improvements and activities shall be located and designed to avoid or
minimize adverse effects of the resort on uses on surrounding lands, particularly effects
on intensive farming operations in the area. At a minimum, measures to accomplish this
shall include:
(a) Establishment and maintenance of buffers between the resort and adjacent
land uses, including natural vegetation and where appropriate, fences, berms,
landscaped areas and other similar types of buffers.
(b) Setbacks of structures and other improvements from adjacent land uses.
PAGE 19 OF 57 EXHIBIT`B"TO ORDINANCE 2016-003
(3) If the site is west of the summit of the Coast Range and within 10 miles of an
urban growth boundary, or if the site is east of the summit of the Coast Range and within
25 miles of an urban growth boundary, the county shall require the applicant to submit
an economic impact analysis of the proposed development that includes analysis of the
projected impacts within the county and within cities whose urban growth boundaries are
within the distance specified in this subsection.
(4) If the site is west of the summit of the Coast Range and within 10 miles of an
urban growth boundary, or if the site is east of the summit of the Coast Range and within
25 miles of an urban growth boundary, the county shall require the applicant to submit a
traffic impact analysis of the proposed development that includes measures to avoid or
mitigate a proportionate share of adverse effects of transportation on state highways and
other transportation facilities affected by the proposed development, including
transportation facilities in the county and in cities whose urban growth boundaries are
within the distance specified in this subsection. [1987 c.886§7; 2010 c.32§2]
Applicants Response: The proposed text amendment does not impact the standards for a
County to approve a new destination resort. Thus, these provisions are not applicable.
197.462 Use of land excluded from destination resort. A portion of a tract that is
excluded from the site of a destination resort pursuant to ORS 197.435 (7) shall not be
used or operated in conjunction with the resort. Subject to this limitation, the use of the
excluded property shall be governed by otherwise applicable law. [1993 c.590§7]
Applicants Response: The proposed text amendment does not impact the use of land
excluded from destination resorts. Thus, this rovision is not applicable.
P pP
197.465 Comprehensive plan implementing measures. An acknowledged
comprehensive plan that allows for siting of a destination resort shall include
implementing measures which:
(1) Map areas where a destination resort described in ORS 197.445 (1) to (5) is
permitted pursuant to ORS 197.455;
(2) Limit uses and activities to those defined by ORS 197.435 and allowed by
ORS 197.445; and
(3) Assure that developed recreational facilities and key facilities intended to
serve the entire development and visitor-oriented accommodations are physically
provided or are 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. [1987 c.886§8]
Applicants Response: The proposed text amendment does not amend the County
Comprehensive Plan, including the goals and policies that implement ORS 197.465. Thus,
these provisions are not applicable.
PAGE 20 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
197.467 Conservation easement to protect resource site. (1) If a tract to be used as a
destination resort contains a resource site designated for protection in an acknowledged
comprehensive plan pursuant to open spaces, scenic and historic areas and natural
resource goals in an acknowledged comprehensive plan, that tract of land shall preserve
that site by conservation easement sufficient to protect the resource values of the
resource site as set forth in ORS 271.715 to 271.795.
(2) A conservation easement under this section shall be recorded with the
property records of the tract on which the destination resort is sited. [1993 c.590§5]
Applicants Response: The proposed text amendment does not impact the standards for
application of conservation easements. Thus, this provision is not applicable.
III. Deschutes County Comprehensive Plan
Section 3.9 Destination Resort Policies
Goals and Policies
Goal 1 To provide for development of destination resorts in the County consistent with
Statewide Planning Goal 8 in a manner that will be compatible with farm and
forest uses, existing rural development, and in a manner that will maintain
important natural features, such as habitat of threatened or endangered species,
streams, rivers and significant wetlands.
Applicants Response: The proposed text amendment does not impact the development of
new destination resorts. Thus, the proposed text amendment is consistent with this goal.
Goal 2 To provide a process for the siting of destination resorts on rural lands that have
been mapped by Deschutes County as eligible for this purpose.
Applicants Response: The proposed text amendment does not impact the process for siting
destination resorts or the mapping of destination resort eligible lands. Thus, this goal is not
applicable.
Goal 3 To provide for the siting of destination resort facilities that enhances and
diversifies the recreational opportunities and economy of Deschutes County.
Applicants Response: The proposed text amendment does not impact the siting of new
destination resorts. Thus, this goal is not applicable. However, the broadened reporting,
additional TLT collections, and long term viability of the Resort, associated with the proposed
text amendment all improve the recreational opportunities and economy of Deschutes County.
Goal 4 To provide for development of destination resorts consistent with Statewide
Planning Goal 12 in a manner that will ensure the resorts are supported by
adequate transportation facilities.
PAGE 21 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
Applicants Response: The proposed text amendment does not impact the transportation
facilities or demands associated with the Resort. Thus, this provision is not applicable.
Policy 3.9.1 Destination resorts shall only be allowed within areas shown on the
"Deschutes County Destination Resort Map"and when the resort complies with
the requirements of Goal 8, ORS 197.435 to 197.467, and Deschutes County
Code 18.113.
Policy 3.9.2 Applications to amend the map will be collected and will be processed
concurrently no sooner than 30 months from the date the map was previously
adopted or amended.
Applicants Response: The proposed text amendment does not impact or amend the County
Destination Resorts Map. Thus, the proposed text amendment is consistent with these policies.
Policy 3.9.3 Mapping for destination resort siting.
a. To assure that resort development does not conflict with the objectives of
other Statewide Planning Goals, destination resorts shall pursuant to
Goal 8 not be sited in Deschutes County in the following areas:
1. Within 24 air 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;
2. 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-Value Crop Area;
3. On predominantly Cubic Foot Site Class 1 or 2 forest lands which
are not subject to an approved Goal exception;
4. On areas protected as Goal 5 resources in an acknowledged
comprehensive plan where all conflicting uses have been
prohibited to protect the Goal 5 resource;
5. Especially sensitive big game habitat, and as listed below, as
generally mapped by the Oregon Department of Fish and Wildlife
in July 1984 and as further refined through development of
comprehensive plan provisions implementing this requirement.
i. Tumalo deer winter range;
ii. Portion of the Metolius deer winter range;
Antelope winter range east of Bend near Horse Ridge and
Millican;
6. Sites less than 160 acres.
b. To assure that resort development does not conflict with Oregon Revised
Statute, destination resorts shall not be sited in Deschutes County in
Areas of Critical State Concern.
c. To assure that resort development does not conflict with the objectives of
Deschutes County, destination resorts shall also not be located in the
following areas:
PAGE 22 OF 57-EXHIBIT`B"TO ORDINANCE 2016-003
1. Sites listed below that are inventoried Goal 5 resources, shown on
the Wildlife Combining Zone, that the County has chosen to
protect:
i. Antelope Range near Horse Ridge and Millican;
ii. Elk Habitat Area; and
Deer Winter Range;
2. Wildlife Priority Area, identified on the 1999 ODFW map submitted
to the South County Regional Problem Solving Group;
3. Lands zoned Open Space and Conservation (OS&C);
4. Lands zoned Forest Use 1 (F-1);
5. Irrigated lands zoned Exclusive Farm Use (EFU) having 40 or
greater contiguous acres in irrigation;
6. Non-contiguous EFU acres in the same ownership having 60 or
greater irrigated acres;
7. Farm or forest land within one mile outside of urban growth
boundaries;
8. Lands designated Urban Reserve Area under ORS 195.145;
9. Platted subdivisions;
d. For those lands not located in any of the areas designated in Policy
3.9.3(a) though (c), destination resorts may, pursuant to Goal 8, Oregon
Revised Statute and Deschutes County zoning code, be sited in the
following areas:
1. Forest Use 2 (F-2), Multiple Use Agriculture (MUA-10), and Rural
Residential(RR-10) zones;
2. Unirrigated Exclusive Farm Use (EFU) land;
3. Irrigated lands zoned EFU having less than 40 contiguous acres in
irrigation;
4. Non-contiguous irrigated EFU acres in the same ownership having
less than 60 irrigated acres;
5. All property within a subdivision for which cluster development
approval was obtained prior to 1990, for which the original cluster
development approval designated at least 50 percent of the
development as open space and which was within the destination
resort zone prior to the effective date of Ordinance 2010-024 shall
remain on the eligibility map;
6. Minimum site of 160 contiguous acres or greater under one or
multiple ownerships;
e. The County shall adopt a map showing where destination resorts can be
located in the County. Such map shall become part of the Comprehensive
Plan and Zoning Ordinance and shall be an overlay zone designated
Destination Resort(DR).
Applicants Response: The proposed text amendment is limited to a broadened reporting
requirement and establishing a mechanism for the County to recoup otherwise unavailable TLT.
No change is proposed to destination resort siting standards, the list of lands ineligible of
PAGE 23 OF 57 EXHIBIT`B"TO ORDINANCE 2016-003
destination resorts, or the County Destination Resort Map. Thus, the proposed text amendment
is consistent with these policies.
r
Policy 3.9.4 Ordinance provisions.
a. The County shall ensure that destination resorts are compatible with the
site and adjacent land uses through enactment of land use regulations
that, at a minimum, provide for the following:
1. Maintenance of important natural features ...
2. Location and design of improvements and activities ...
3. Such regulations may allow for alterations to important natural
features...
b. Minimum measures to assure that design and placement of
improvements and activities will avoid or minimize the adverse effects
noted in Policy 3.9.4(a)
c. The County may adopt additional land use restrictions to ensure that
proposed destination resorts are compatible with the environmental
capabilities of the site and surrounding land uses.
d. Uses in destination resorts shall be limited to visitor- oriented
accommodations, overnight lodgings, developed recreational facilities,
commercial uses limited to types and levels necessary to meet the needs
of visitors to the resort, and uses consistent with preservation and
maintenance of open space.
e. The zoning ordinance shall include measures that assure that developed
recreational facilities, visitor-oriented accommodations and key facilities
intended to serve the entire development are physically provided or are
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 facilitated
intended to serve a particular phase shall be constructed prior to sales in
that phase or guaranteed through surety bonding.
Applicants Response: The proposed text amendment is limited to a broadened reporting
requirement and establishing a mechanism for the County to recoup otherwise unavailable TLT.
No change is proposed to destination resort site compatibility standards, facilities design and
placement, environmental compatibility standards, allowed uses on destination resorts, or
bonding and security requirements. Thus, the proposed text amendment is consistent with
these policies.
V. STAFF PROPOSED CHANGES TO PROPOSED TEXT AMENDMENT.
When reviewing the proposed text amendment, Legal noticed the statutory reference in DCC
18.113.060(L)(3)(e), (f) in the proposed text amendment (Page 7 of the Burden of Proof), is
incorrect due to statutory changes since the adoption of the County Code provisions. Thus, Staff
proposes a friendly amendment to that provision such that it would read:
PAGE 24 OF 57 EXHIBIT`B"TO ORDINANCE 2016-003
(f). This information shall be public record subject to the non-disclosure provisions in ORS
Chapter 192.
Attachments:
A. DLCD Correspondence
B. Applicant's Burden of Proof
PAGE 25 OF 57—EXHIBIT`B"TO ORDINANCE 2016-003
Peter Gutowsky
From: Edelman, Scott <scott.edelman @state.or.us>
Sent: Tuesday, November 10, 2015 10:04 AM
To: Peter Gutowsky
Subject: DLCD Letter Regarding Eagle Crest Text Amendment
Attachments: DeschutesC0_006-15_comments_l1-X-15 JJ.pdf
Peter,
Please accept the attached letter as the department's official comments on this matter.This letter replaces the emails I
previously sent. It has come to our attention that the Planning Commission may be reconsidering their original
recommendation based on the last email I sent.As this letter states,we do not oppose the proposed text amendment
and,therefore, do not recommend that the planning commission reconsider its original recommendation based on our
previous input. Please forward this to your Planning Commission and Board of Commissioners.
Thanks for your patience and assistance,
Scott
Scott Edelman I Central Oregon Regional Representative
Community Services Division
Oregon Dept.of Land Conservation and Development
Central Regional Solution Center
1011 SW Emkay Drive,Suite 108 I Bend,OR 97702
Cell: (541)306-8530 I Main: (541) 318-7921
scott.edelman @state.or.us I www.oregon.gov/LCD
PAGE 26 OF 57 -EXHIBIT"B"TO ORDINANCE 2016-003
�.,_��-� Oregon Department of Land Conservation and Development
yooi , Central Oregon Regional Solutions Center
�; , 1011 SW Emkay Drive, Ste. 108
Kate Brown,Governor
Bend,OR 97702
` Central Oregon Regional Representative(541) 306-8530
Community Service Specialist(541) 318-7920
www.oregon.gov/LCD
November 10, 2015
w�w�w
Peter Gutowsky, Planning Manager SENT VIA E-MAIL
Deschutes County Community Development Department
117 NW Lafayette Avenue
Bend, Oregon 97708
RE: Text Amendment to DCC 18.113.060, Standards for Destination Resorts.
(Local file no. 247-15-000444-TA; DLCD file no. 006-15)
Mr. Gutowsky:
Deschutes County has notified the Department of Land Conservation and Development(the
department)that is considering a code text amendment to clarify overnight lodging accounting
requirements for destination resorts with a conceptual master plan approved prior to January 1,
2001. It is our understanding that this proposal intentionally targets individually owned
residential units. The department does not oppose the current proposal. Please consider this
letter as our official comments on this matter, replacing any previous e-mail correspondence.
The department has been inclined to view this proposal as largely a matter of refining local
compliance procedure. If approved, the proposed text amendment will specify how a destination
resort subject to the applicable provisions is to demonstrate compliance with the county code. It
will also prescribe penalties for noncompliance.
The county code is necessarily based on state law. Please see ORS 197.453 et seq. We believe
there are areas of these statutes that are clear and objective and do not require interpretation.
Others are inexact and call for the county to use judgement and exercise discretion. Much of
ORS 197.435(5)(b)1 is clear and objective. However,we are not aware of a standard definition of
the term "central reservation system."In the absence of a definition, we believe the county has
1 ORS 197.435(5)(b):"With respect to lands in eastern Oregon,as defined in ORS 321.805,permanent,separately rentable
accommodations that are not available for residential use,including 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 38 weeks per calendar year through a central reservation system operated by the destination resort or by a real estate
property manager,as defined in ORS 696.010.Tent sites,recreational vehicle parks,manufactured dwellings,dormitory rooms
and similar accommodations do not qualify as overnight lodgings for the purpose of this definition."
PAGE 27 OF 57—EXHIBIT"B"TO ORDINANCE 2016-003
Deschutes County -2- November 10, 2015
Destination Resort Standards
the authority to reasonably determine whether a particular resort's practices satisfy the statutory
requirement.
Thank you for this opportunity to comment. Please feel free to contact me if you have any
questions or concerns.
Respectfully,
Scott Edelman
Central Oregon Regional Representative
cc via e-mail:
Laura Craska Cooper, Brix Law
Hon. Paul Lipscombe
PAGE 28 OF 57— EXHIBIT"B"TO ORDINANCE 2016-003
EAGLE C R E S T
K ..E 5 0 'CW
PROPOSED TEXT AMENDMENT
TO DESTINATION RESORT STANDARDS
(DCC 18.113.060)
Submitted to Deschutes County on August 12, 2015
Revised on November 30, 2015
Applicant: Oregon Resorts LLC
Applicant's Representative: Ball Janik LLP
Stephen T. Janik
Damien R. Hall
101 SW Main Street
Suite 1100
Portland, OR 97204
(503) 228-2525
PAGE 29 OF 57,_EXHIBIT"B"TO ORDINANCE 2016-003
LAND USE REVIEW REQUESTED
Applicant is requesting a text amendment to DCC 18.113.060 Standards for Destination
Resorts. The proposed text amendment would modify the current process and requirements
for Eagle Crest Resort (the "Resort") to provide the County with annual reports related to
the inventory of overnight lodging units. The proposed modifications are consistent with
state law and the County Comprehensive Plan.
The text of the amendment and a narrative demonstrating compliance with all applicable
state and local land use regulations are attached as Exhibit 1 and Exhibit 2, respectively.
PROPOSAL OVERVIEW
The proposed text amendment creates an updated reporting methodology for the Resort to
more accurately report the availability of overnight lodging units made available through the
Resort's central reservation system, and third party property management services
annually. Each year, in the event the reporting mechanism revealed a shortfall in meeting
the overnight lodging ratio (e.g. one overnight lodging unit for each 2.5 platted lots), the
proposed text amendment also includes a compliance fee that provides the County with a
remedy to recoup an amount roughly equivalent to what the County would have received by
way of Transient Lodging Taxes ("TLT"). The compliance fee is consistent with state law as
ORS 197.435-197.467 does not identify or require any specific penalty for a failure to meet
the required ratio. The Oregon statutes are geared toward establishing annual reporting
mechanisms at the time of master planning and plat approvals and not with prescribing
penalties for failure to meet the 2.5:1 ratio when a resort provides annual reports. If the
Resort were to apply to create more residential lots, the Resort may not apply the
compliance fee to meet the 2.5:1 ratio of individually-owned residential units to overnight
lodging units per DCC 18.113.060(D)(2) and will have to demonstrate compliance per the
new reporting methods or construct more overnight lodging units in order to comply with
the 2.5:1 ratio.
BACKGROUND
The initial development of the Resort predates state and County adoption of destination
resort regulations. When the County adopted destination resort standards, the Resort was
the first in the County to obtain approval of a destination resort Conditional Master Plan.
When the County adopted its current annual overnight lodging reporting requirements in
2007, the Resort had already been in operation for 17 years. The Resort is the most mature
destination resort in the County, with approximately 700 overnight units and 90% of its
approximately 1,611 platted lots being fully developed.
The Resort's 700 overnight units, per its 2015 annual report, are made up of 400 overnight
units (hotel rooms, timeshares and fractional ownerships) that comply with County Code,
and 300 individually owned, non-deed restricted overnight units. Because the County Code
requires individually-owned units to be deed restricted in order to be counted as overnight
lodging units but state law does not, the County Code is more restrictive than State Law.
Eagle Crest Resort: Proposed Text Amendment
PAGE 30 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
Having only the 400 units results in a shortfall of 300 deed restricted units that likely act as
overnight lodging units but are not in strict compliance with County Code. This amendment
will modernize County Code to reflect current overnight lodging trends and practices while
providing an avenue for the Resort to comply with the 2.5:1 ratio.
ECONOMIC DEVELOPMENT
The Rural Growth Chapter of the Deschutes County Comprehensive Plan ("Comprehensive
Plan") recognizes the importance of destination resorts as means to diversify the County's
housing stock, and to promote local tourism and therefore provide a beneficial impact to the
County economy. Section 3.8 of the Comprehensive Plan includes the following:
"The Central Oregon Visitor Association reporting that
approximately 60% of the 2.5 million trips to Central Oregon in
2006 were associated with destination resort travel. The 2007
destination resort travel impacts for the County totaled over
$470 million and supported over 4,500 local jobs."
The Resort is a significant part of the economic success of destination resorts in the County.
The Resort is the highest payer of TLT in the County outside of Sunriver Resort, and the
Resort's TLT payments to the County have increased by 75% since the new owners
purchased the Resort in late-2010 and made substantial investments in further development
of the Resort. Furthermore, the Resort paid approximately $275,000 in property taxes in
2014, which is just a fraction of the total property taxes paid by the over 2,000 property
owners within the Resort. The Resort also employs over 600 local residents. Simply put, the
Resort is a major contributor to the local economy.
HOUSING AND REPORTING REQUIREMENTS
Destination resorts are intended to provide a diversity of housing opportunities including
overnight lodging units (hotel rooms, timeshares and fractional ownerships), vacation rental
units, and private residences. In eastern Oregon, Statewide Planning Goal 8 calls for
destination resorts to maintain a ratio of 2.5 dwelling units for each overnight lodging unit
and that destination resorts report the status of that ratio to the county annually. The
County Zoning Ordinance implements these state requirements.
Since at least 2008, the Resort has provided annual reports to the County, including the
total count of the Resort's overnight lodging units (hotel rooms, timeshares, and fractional
ownerships) as well as an estimate of the available vacation rentals units that are made
available 38 weeks or more per year, based on the total count of those units participating in
the Resort's rental management program and surveys of the Resort's property owners not
participating in the Resort's rental management program.
Over the same period, the popularity of online vacation rental services such as Vacation
Rental By Owner (VRBO.com) and HomeAway (Homeaway.com), has increased dramatically
and vacation rental property owners now have multiple, highly-convenient and effective
Eagle Crest Resort: Proposed Text Amendment
PAGE 31 OF 57-EXHIBIT"B"TO ORDINANCE 2016-003
ways to rent their units to the public outside of the Resort's rental management program.
These new technologies have rendered current reporting methodologies out of date and
therefore the Resort's annual reports no longer reflect the actual number of vacation rental
units available within the Resort that are permissible per the Statewide Planning Goal 8.
AMENDMENT OVERVIEW
The Resort desires to update the County reporting requirements associated with overnight
lodging units in order to be responsive to the technological changes in the industry. The
Resort desires to use the same technologies to track the true number of overnight lodging
units that are available with the Resort. The increased accuracy of reporting is aimed to
ensure the long-term compliance and viability of the Resort.
Specifically, the Resort is proposing to amend the text of Section 18.113.050 in a
narrowly tailored fashion so as to only affect and apply to the Resort and not
impact the operations or requirements applicable to any of the other County
destination resorts.
The amendment would result in, (1) imposition of practical reporting requirements that
reflect the reality of modern vacation rental trends and allow for increased accuracy in the
Resort's identification and reporting of vacation rental availability and usage, and (2) a
mechanism by which the County can collect an amount approximately equivalent to the TLT
for those unaccounted for units, annually, if the Resort's annual reports do not indicate
compliance with the overnight lodging ratios.
If the Resort were to apply to create more residential lots, the Resort may not apply the
compliance fee to meet the 2.5:1 ratio of individually-owned residential units to overnight
lodging units per DCC 18.113.060(D)(2) and will have to demonstrate compliance per the
new reporting methods or construct more overnight lodging units in order to comply with
the 2.5:1 ratio.
The language of the proposed text amendment is provided below. Following that is a section
addressing Approval Criteria, which demonstrates that the proposed text amendment is
consistent with state statutes and the County Comprehensive Plan.
CONCLUSION
The proposed text amendment furthers the economic development objectives of the County,
is consistent with state and local land use regulations, and provides an increased level of
clarity and certainty to the Resort relating to overnight lodging, which in turn provides long-
term viability to the Resort.
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EXHIBIT 1
AMENDMENT TEXT
[Additions to text are shown in bold, underlined letters with deleted text in
strikethroughs.]
18.113.060(L)
L. The overnight lodging criteria shall be met, including the 150-unit minimum and the
2-1/2 to 1 ratio set forth in DCC 18.113.060(D)(2).
1. Failure of the approved destination resort to comply with the requirements in
DCC 18.113.060(L)(2)-(6) will result in the County declining to accept or
process any further land use actions associated with any part of the resort
and the County shall not issue any permits associated with any lots or site
plans on any part of the resort until proof is provided to the County of
compliance with those conditions.
2. Each resort shall compile, and maintain, in perpetuity, a registry of all overnight
lodging units.
a. The list shall identify each individually-owned unit that is counted as
overnight lodging.
b. At all times, at least one entity shall be responsible for maintaining the
registry and fulfilling the reporting requirements of DCC 18.113.060(L)(2)
through (6).
c. Initially, the resort management shall be responsible for compiling and
maintaining the registry.
d. As a resort develops, the developer shall transfer responsibility for
maintaining the registry to the homeowner association(s). The terms and
timing of this transfer shall be specified in the Conditions, Covenants &
Restrictions (CC&Rs).
e. Resort management shall notify the County prior to assigning the registry to a
homeowner association.
f. Each resort shall maintain records documenting its rental program related to
overnight lodging units at a convenient location in Deschutes County, with
those records accessible to the County upon 72 hour notice from the County.
g. As used in this section, "resort management" includes, but is not limited to,
the applicant and the applicant's heirs, successors in interest, assignees other
than a home owners association.
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3. An annual report shall be submitted to the Planning Division by the resort
management or home owners association(s) each February 1, documenting all of the
following as of December 31 of the previous year.
a. The minimum of 150 permanent units of overnight lodging have been
constructed or that the resort is not re et required to have constructed the 150
Y q
units;
b. The number of individually-owned residential platted lots and the number of
overnight-lodging units;
c. The ratio between the individually-owned residential platted lots and the
overnight lodging units;
d. For resorts for which the conceptual master plan was originally.
approved on or after January 1, 2001, the following information on each
individually-owned residential unit counted as overnight lodging.
Who the owner or owners have been over the last year;
ii. How many nights out of the year the unit was available for rent;
iii. How many nights out of the year the unit was rented out as an
overnight lodging facility under DCC 18.113;
iv. Documentation showing that these units were available for rental as
required.
e. For resorts_ for which the conceptual master plan was originally
approved before January 1, 2001, the following information on each
individually owned residential unit counted as overnight lodging.
Notwithstanding anything to the contrary in Deschutes County Code,
these resorts may count units that are not deed-restricted and/or do
not utilize a central check-in system operated by the resort so lang_as
such ______ ___
in Eastern Oregon.
j. For those units directly managed by the resort developer or
operator.
(1) Who the owner or owners have been over the last year;
(2] How many nights out of the year the unit was available
for rent;
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(3) How many nights out of the year the unit was rented out
as an overnight lodging facility under DCC 18.113;
(4) Documentation showing that these units were available
for rent as required.
ii. For all other units.
(1) Address of the unit;
(2) Name of the unit owner(s);
L31 ,Schedule of rental availability fox the prior year. The
schedule of rental availability shah be based upon
monthly printouts of the availability calendars posted on-
line by the unit owner or the unit owner's agent.
le} . Th i s information shall be pub li c record subject to ORS 192.502(17).
4. To facilitate rental to the general public of the overnight lodging units, each resort
shall set up and maintain in perpetuity a telephone reservation system.
5. Any outside property managers renting required overnight lodging units shall be
required to cooperate with the provisions of this code and to annually provide rental
information on any required overnight lodging units they represent to the central
office as described in DCC 18.113.060(L)(2) and (3).
6. Before approval of each final plat, all the following shall be provided:
a. Documentation demonstrating compliance with the 2-1/2 to I ratio as defined
in DCC 18.113.060(D)(2);
b. Documentation on all individually-owned residential units counted as
overnight lodging, including all of the following:
i. Designation on the plat of any individually-owned units that are going
to be counted as overnight lodging;
ii. Deed restrictions requiring the individually-owned residential units
designated as overnight lodging units to be available for rental at least
38 weeks each year through a central reservation and check-in service
operated by the resort or by a real estate property manager, as
defined in ORS 696.010;
iii. An irrevocable provision in the resort Conditions, Covenants and
Restrictions ("CC&Rs") requiring the individually-owned residential
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units designated as overnight lodging units to be available for rental at
least 38 weeks each year through a central reservation and check-in
service operated by the resort or by a real estate property manager,
as defined in ORS 696.010;
iv. A provision in the resort CC&R's that all property owners within the
resort recognize that failure to meet the conditions in DCC
18.113.060(L)(6)(b)(iii) is a violation of Deschutes County Code and
subject to code enforcement proceedings by the County;
v. Inclusion of language in any rental contract between the owner of an
individually-owned residential unit designated as an overnight lodging
unit and any central reservation and check-in service or real estate
property manager requiring that such unit be available for rental at
least 38 weeks each year through a central reservation and check-in
service operated by the resort or by a real estate property manager,
as defined in ORS 696.010, and that failure to meet the conditions in
DCC 18.113.060(L)(6)(b)(v) is a violation of Deschutes County Code
and subject to code enforcement proceedings by the County.
7. Compliance Fee
a. In the event-that a resort that was originally approved before January
1, 2001 fails to report compliance with the 2.5:1 ratio in a calendar
. - e s . - a - . . - I - . . s . 1 . 1 I - - u - 1
shall be that such resort shall pay a compliance fee due not later than
April 15 of the year following the year in which the shortfall occurred.
b. The compliance fee will be calculated as follows:
i. First, by calculating the average per unit transient lodging tax
paid by the Resort the prior calendar year by dividing the total
amount paid by the resort in transient lodging taxes for the
prior calendar year by the sum of the number of overnight units
managed by the resort for which the resort paid transient
lodging taxes that same year and the number of wort
timeshare units;
ii. Second, by multiplying that average per unit transient lodging
tax amount by the number of additional overnight lodging units
that would have been necessary to comply with the 2.5:1 ratio
for the applicable calendar year.
c. If the Resort were to apply to create more residential lots, the Resort
may not apply the compliance fee to meet the 2.5:1 ratio of
individually-owned residential units to overnight lodging units per
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DCC 181113.060(D)(2) and will have to demonstrate compliance per
the new reporting methods or construct more overnight lodging units
in order to comply with the 2.5:1 ratio.
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EXHIBIT 2
APPROVAL CRITERIA
Oregon Statewide Planning Goals
Goal 8: Recreational Needs[OAR 660-015-0000(8)]
To satisfy the recreational needs of the citizens of the state and visitors and,
where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
RECREATION PLANNING
The requirements for meeting such needs, now and in the future, shall be planned
for by governmental agencies having responsibility for recreation areas, facilities and
opportunities: (1) in coordination with private enterprise; (2) in appropriate proportions;
and (3) in such quantities, quality and locations as is consistent with the availability of the
resources to meet such requirements. State and federal agency recreation plans shall be
coordinated with local and regional recreational needs and plans.
APPLICANT'S The proposed text amendment and change to the County reporting
RESPONSE: methodology is an example of the planning anticipated by this provision.
The text amendment furthers the ability of the County and the Resort to
more accurately track the amount of the overnight lodgings on destination
resort land, and is thereby consistent with the stated purpose of
collaborative public and private planning for appropriate quantities and
placements of recreation facilities.
DESTINATION RESORT PLANNING
Comprehensive plans may provide for the siting of destination resorts on rural lands
subject to the provisions of state law, including ORS 197.435 to 197.467, this and other
Statewide Planning Goals, and without an exception to Goals 3, 4, 11, or 14.
Eligible Areas
(1) Destination resorts allowed under the provisions of this goal must be sited on
lands mapped as eligible by the affected county. A map adopted by a county may not allow
destination resorts approved under the provisions of this goal to be sited in any of the
following areas:
(a) Within 24 air 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;
(b) On a site with 50 or more contiguous acres of unique or prime farm land
identified and mapped by the United States Natural Resources Conservation Service or its
predecessor agency; or within three miles of a High Value Crop Area except that "small
destination resorts"may not be closer to a high value crop area than one-half mile for each
25 units of overnight lodging or fraction thereof;
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(c) On predominantly Cubic Foot Sites Class 1 or 2 forestlands, as determined by
the State Forestry Department, that are not subject to an approved goal exception;
(d) In the Columbia River Gorge National Scenic Area as defined by the Columbia
River Gorge National Scenic Act, P.L. 99-663;
(e) In an 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.
(2) "Small destination resorts"may be allowed consistent with the siting
requirements of section (1) above, in the following areas:
(a) On land that is not defined as agricultural or forest land under Goal 3 or 4; or
(b) On land where there has been an exception to Statewide Planning Goals 3, 4,
11, or 14.
APPLICANT'S The p r oposed to x t o mendment does not im pa ct the li st o f ineligible lands
RESPONSE: for siting of destination facilities. Thus, this provision is not applicable.
Siting Standards
(1) Counties shall ensure that destination resorts are compatible with the site and
adjacent land uses through the following measures:
(a) Important natural features, including habitat of threatened or endangered
species, streams, rivers, and significant wetlands shall be maintained. Riparian vegetation
within 100 feet of streams, rivers and significant wetlands shall be maintained. Alterations
to important natural features, including placement of structures that maintain the overall
values of the feature, may be allowed.
(b) Sites designated for protection in an acknowledged comprehensive plan
designated pursuant to Goal 5 that are located on the tract used for the destination resort
shall be preserved through conservation easements as set forth in ORS 271.715 to 271.795.
Conservation easements adopted to implement this requirement shall be sufficient to
protect the resource values of the site and shall be recorded with the property records of
the tract on which the destination resort is sited.
(c) Improvements and activities shall be located and designed to avoid or
minimize adverse effects of the resort on uses on surrounding lands, particularly effects on
intensive farming operations in the area. At a minimum, measures to accomplish this shall
include:
(i) Establishment and maintenance of buffers between the resort and adjacent
land uses, including natural vegetation and where appropriate, fences, berms, landscaped
areas, and other similar types of buffers.
(ii) Setbacks of structures and other improvements from adjacent land uses.
(iii) Measures that prohibit the use or operation in conjunction with the resort of a
portion of a tract that is excluded from the site of a destination resort pursuant to ORS
197.435(7). Subject to this limitation, the use of the excluded property shall be governed
by otherwise applicable law.
APPLICANT'S The proposed text amendment does not impact standards for siting
RESPONSE: destination resorts, or the actual siting of the Resort. Thus, this provision
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is not applicable.
Implementing Measures
(1) Comprehensive plans allowing for destination resorts shall include
implementing measures that:
(a) Adopt a map consisting of eligible lands for large destination resorts within
the county. The map shall be based on reasonably available information, and shall not be
subject to revision or refinement after adoption except in conformance with ORS 197.455,
and 197.610 to 197.625, but not more frequently than once every 30 months. The county
shall develop a process for collecting and processing concurrently all map amendments
made within a 30 month planning period. A map adopted pursuant to this section shall be
the sole basis for determining whether tracts of land are eligible for siting of large
destination resorts under the provisions of this goal and ORS 197.435 to 197.467.
(b) Limit uses and activities to those permitted by this goal.
(c) Assure developed recreational facilities and key facilities intended to serve the
entire development and visitor oriented accommodations are physically provided or are
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.
APPLICANT'S The proposed text amendment does not amend the County Comprehensive
RESPONSE: Plan and is consistent with the Destination Resort policies at Section 3.9 of
the Comprehensive Plan, which are addressed below. Thus, this provision
is not applicable.
DEFINITIONS
Destination Resort--A self-contained development providing visitor-oriented
accommodations and developed recreational facilities in a setting with high natural
amenities, and that qualifies under the definition of either a "large destination resort"or a
"small destination resort"in this goal. Spending required under these definitions is stated in
1993 dollars. The spending required shall be adjusted to the year in which calculations are
made in accordance with the United States Consumer Price Index.
APPLICANT'S The proposed text amendment does not impact the definition of
RESPONSE: "Destination Resort." Thus, this provision in not applicable.
Large Destination Resort-- To qualify as a "large destination resort"under this Goal, a
proposed development must meet the following standards:
(1) The resort must be located on a site of 160 acres or more except within two
miles of the ocean shoreline where the site shall be 40 acres or more.
(2) At least 50 percent of the site must be dedicated as permanent open space
excluding yards, streets and parking areas.
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(3) At least$7 million must be spent on improvements for onsite 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.
(4) Commercial uses allowed are limited to types and levels necessary to meet
the needs of visitors to the development. Industrial uses of any kind are not permitted.
(5) Visitor-oriented accommodations including meeting rooms, restaurants with
seating for 100 persons, and 150 separate rentable units for overnight lodging must be
provided. Accommodations available for residential use shall not exceed two such units for
each unit of overnight lodging, or two and one-half such units on land that is in Eastern
Oregon as defined by ORS 321.805. However, the rentable overnight lodging units may be
phased in as follows:
(a) On land that is not in Eastern Oregon, as defined in ORS 321.805:
(A) A total of 150 units of overnight lodging must be provided.
(B) At least 75 units of overnight lodging, not including any individually owned
homes, lots or units must be constructed or guaranteed through surety, bonding or
equivalent financial assurance prior to the closure of sale of individual lots or units.
(C) The remaining overnight lodging units must be provided as individually owned
lots or units subject to deed restrictions that limit their use to overnight lodging units. The
deed restrictions may be rescinded when the resort has constructed 150 units of permanent
overnight lodging as required by this section.
(D) The number of units approved for residential sale may not be more than two
units for each unit of permanent overnight lodging provided under this section.
(E) The development approval shall provide for the construction of other required
overnight lodging units within five years of the initial lot sales.
(b) On lands in Eastern Oregon, as defined in ORS 321.805:
(A) A total of 150 units of overnight lodging must be provided.
(B) At least 50 units of overnight lodging must be constructed prior to the closure
of sale of individual lots or units.
(C) At least 50 of the remaining 100 required overnight lodging units must be
constructed or guaranteed through surety bonding or equivalent financial assurance within
five years of the initial lot sales.
(D) The remaining required overnight lodging units must be constructed or
guaranteed through surety bonding or equivalent financial assurances within 10 years of the
initial lot sales.
(E) The number of units approved for residential sale may not be more than 2-
1/2 units for each unit of permanent overnight lodging provided under this section.
(F) If the developer of a resort guarantees the overnight lodging units required
under paragraphs (C) and(D) of this subsection through surety bonding or other equivalent
financial assurance, the overnight lodging units must be constructed within four years of the
date of execution of the surety bond or other equivalent financial assurance.
(6) When making a land use decision authorizing construction of a "large
destination resort"in Eastern Oregon, as defined in ORS 321.805, the governing body of the
county or its designee shall require the resort developer to provide an annual accounting to
document compliance with the overnight lodging standards of this definition. The annual
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accounting requirement commences one year after the initial lot or unit sales. The annual
accounting must contain:
(a) Documentation showing that the resort contains a minimum of 150
permanent units of overnight lodging or, during the phase-in period, documentation
showing the resort is not yet required to have constructed 150 units of overnight lodging.
(b) Documentation showing that the resort meets the lodging ratio described in
section (5)(b) of this definition.
(c) For a resort counting individually owned units as qualified overnight lodging
units, the number of weeks that each overnight lodging unit is available for rental to the
general public as described in section (2) of the definition for "overnight lodgings"in this
goal.
APPLICANT'S The proposed text amendment is consistent with this definition of Large
RESPONSE: Destination Resort. The text amendment does not impact the qualifying
factors for a large destination resort, such as location, open space,
investment in recreational facilities, allowed commercial uses, visitor-
oriented accommodations, or the ratio of overnight lodging units to units
for residential sale. The proposed text amendment is consistent with and
implements the provisions requiring an annual accounting from destination
resorts. The amendment retains the requirement for the accounting to
include documentation of compliance with the minimum amount of
overnight lodging units and overnight lodging unit ratio. Thus, the
proposed text amendment is consistent with this definition of large
destination resort.
Small Destination Resort-- To qualify as a "small destination resort"under Goal 8, a
proposed development must meet standards (2) and (4) under the definition of"large
destination resort"and the following standards:
(1) The resort must be located on a site of 20 acres or more.
(2) At least$2 million must be spent on improvements for onsite 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 must be spent
on developed recreation facilities.
(3) At least 25 but not more than 75 units of overnight lodging shall be provided.
(4) Restaurant and meeting rooms with at least one seat for each unit of
overnight lodging must be provided.
(5) Residential uses must be limited to those necessary for the staff and
management of the resort.
(6) The county governing body or its designee must review the proposed resort
and determine that the primary purpose of the resort is to provide lodging and other
services oriented to a recreational resource that can only reasonably be enjoyed in a rural
area. Such recreational resources include, but are not limited to, a hot spring, a ski slope or
a fishing stream.
(7) The resort shall be constructed and located so that it is not designed to
attract highway traffic. Resorts shall not use any manner of outdoor advertising signing
except:
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(a) Tourist oriented directional signs as provided in ORS 377.715 to 377.830; and
(b) Onsite identification and directional signs.
APPLICANT'S The Resort is a large destination resort, and the applicability of proposed
RESPONSE: text amendment is limited to the Resort. Thus, the definition of small
destination resort is not applicable.
Developed Recreation Facilities -- are improvements constructed for the purpose of
recreation and may include but are not limited to golf courses, tennis courts, swimming
pools, marinas, ski runs and bicycle paths.
High-Value Crop Area -- an area in which there is a concentration of commercial farms
capable of producing crops or products with a minimum gross value of$1,000 per acre per
year. These crops and products include field crops, small fruits, berries, tree fruits, nuts, or
vegetables, dairying, livestock feedlots, or Christmas trees as these terms are used in the
1983 County and State Agricultural Estimates prepared by the Oregon State University
Extension Service. The High-Value Crop Area Designation is used for the purpose of
minimizing conflicting uses in resort siting and is not meant to revise the requirements of
Goal 3 or administrative rules interpreting the goal.
Map of Eligible Lands -- a map of the county adopted pursuant to ORS 197.455.
Open Space -- means any land that is retained in a substantially natural condition or is
improved for recreational uses such as golf courses, hiking or nature trails or equestrian or
bicycle paths or is specifically required to be protected by a conservation easement. Open
spaces may include ponds, lands protected as important natural features, land preserved for
farm or forest use and lands used as buffers. Open space does not include residential lots or
yards, streets or parking areas.
Overnight Lodgings -- are permanent, separately rentable accommodations that are not
available for residential use. Overnight lodgings include hotel or motel rooms, cabins, and
time-share units. Tent sites, recreational vehicle parks, manufactured dwellings, dormitory
rooms, and similar accommodations do not qualify as overnight lodgings for the purpose of
this definition. Individually owned units may be considered overnight lodgings if:
(1) With respect to lands not in Eastern Oregon, as defined in ORS 321.805, they
are available for overnight rental use by the general public for at least 45 weeks per
calendar year through a central reservation and check-in service, or
(2) With respect to lands in Eastern Oregon, as defined in ORS 321.805, they are
available for overnight rental use by the general public for at least 38 weeks per calendar
year through a central reservation system operated by the destination resort or by a real
estate property manager, as defined in ORS 696.010.
Recreation Areas, Facilities and Opportunities -- provide for human development and
enrichment, and include but are not limited to: open space and scenic landscapes;
recreational lands; history, archaeology and natural science resources; scenic roads and
travelers; sports and cultural events; camping, picnicking and recreational lodging; tourist
facilities and accommodations; trails; waterway use facilities; hunting; angling; winter
sports; mineral resources; active and passive games and activities.
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Recreation Needs -- refers to existing and future demand by citizens and visitors for
recreations areas, facilities and opportunities.
Self-contained Development-- means a development for which community sewer and
water facilities are provided onsite and are limited to meet the needs of the development or
are provided by existing public sewer or water service as long as all costs related to service
extension and any capacity increases are borne by the development. A "self-contained
development"must have developed recreational facilities provided on-site.
Tract-- means a lot or parcel or more than one contiguous lot or parcel in a single
ownership. A tract may include property that is not included in the proposed site for a
destination resort if the property to be excluded is on the boundary of the tract and
constitutes less than 30 percent of the total tract.
Visitor-Oriented Accommodations--are overnight lodging, restaurants, meeting
facilities which are designed to and provide for the needs of visitors rather than year-round
residents.
APPLICANT'S The proposed text amendment does not impact the definition of developed
RESPONSE: recreation facilities, high-value crop area, recreational needs, self-
contained development, tract, or visitor-oriented accommodations. Thus,
these definitions are not applicable.
GUIDELINES FOR GOAL 8
A. PLANNING
1. An inventory of recreation needs in the planning area should be made based
upon adequate research and analysis of public wants and desires.
inventory
2. An of recreation opportunities should be made based upon
adequate research and analysis of the resources in the planning area that are available to
meet recreation needs.
3. Recreation land use to meet recreational needs and development standards,
roles and responsibilities should be developed by all agencies in coordination with each
other and with the private interests. Long range plans and action programs to meet
recreational needs should be developed by each agency responsible for developing
comprehensive plans.
4. The planning for lands and resources capable of accommodating multiple uses
should include provision for appropriate recreation opportunities.
5. The State Comprehensive Outdoor Recreation Plan could be used as a guide
when planning, acquiring and developing recreation resources, areas and facilities.
6. When developing recreation plans, energy consequences should be
considered, and to the greatest extent possible non-motorized types of recreational
activities should be preferred over motorized activities.
7. Planning and provision for recreation facilities and opportunities should give
priority to areas, facilities and uses that
(a) Meet recreational needs requirements for high density population centers,
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(b) Meet recreational needs of persons of limited mobility and finances,
(c) Meet recreational needs requirements while providing the maximum
conservation of energy both in the transportation of persons to the facility or area and in
the recreational use itself,
(d) Minimize environmental deterioration,
(e) Are available to the public at nominal cost, and
(f) Meet needs of visitors to the state.
8. Unique areas or resources capable of meeting one or more specific
recreational needs requirements should be inventoried and protected or acquired.
9. All state and federal agencies developing recreation plans should allow for
review of recreation plans by affected local agencies.
10. Comprehensive plans should be designed to give a high priority to enhancing
recreation opportunities on the public waters and shorelands of the state especially on
existing and potential state and federal wild and scenic waterways, and Oregon Recreation
Trails.
11. Plans that provide for satisfying the recreation needs of persons in the
planning area should consider as a major determinant, the carrying capacity of the air, land
and water resources of the planning area. The land conservation and development actions
provided for by such plans should not exceed the carrying capacity of such resources.
APPLICANT'S The proposed text amendment does not amend the County Comprehensive
RESPONSE: Plan or require additional planning relating to recreational lands. Thus,
these Guidelines are not applicable.
B. IMPLEMENTATION
Plans should take into account various techniques in addition to fee acquisition such as
easements, cluster developments, preferential assessments, development rights acquisition,
subdivision park land dedication that benefits the subdivision, and similar techniques to
meet recreation requirements through tax policies, land leases, and similar programs.
APPLICANT'S The proposed text amendment does not amend the County Comprehensive
RESPONSE: Plan or require additional planning relating to recreational lands. Thus,
this provision is not applicable.
C. RESORT SITING
Measures should be adopted to minimize the adverse environmental effects of resort
development on the site, particularly in areas subject to natural hazards. Plans and
ordinances should prohibit or discourage alterations and structures in the 100 year
floodplain and on slopes exceeding 25 percent. Uses and alterations that are appropriate for
these areas include:
1. Minor drainage improvements that do not significantly impact important
natural features of the site;
2. Roads, bridges and utilities where there are no feasible alternative locations
on the site; and
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3. Outdoor recreation facilities including golf courses, bike paths, trails,
boardwalks, picnic tables, temporary open sided shelters, boating facilities, ski lifts and
runs. Alterations and structures permitted in these areas should be adequately protected
from geologic hazards or of minimal value and designed to minimize adverse environmental
effects.
APPLICANT'S The proposed text amendment does not impact siting of destination
RESPONSE: resorts. Thus, this provision is not applicable.
Oregon Revised Statutes
ORS 197.435 - 467 Siting of Destination Resorts
197.435 Definitions for ORS 197.435 to 197.467. As used in ORS 197.435 to 197.467:
(1) "Developed recreational facilities"means improvements constructed for the purpose
of recreation and may include but are not limited to golf courses, tennis courts, swimming
pools, marinas, ski runs and bicycle paths.
(2) "High value crop area" means an area in which there is a concentration of
commercial farms capable of producing crops or products with a minimum gross value of
$1,000 per acre per year. These crops and products include field crops, small fruits, berries,
tree fruits, nuts or vegetables, dairying, livestock feedlots or Christmas trees as these terms
are used in the 1983 County and State Agricultural Estimates prepared by the Oregon State
University Extension Service. The "high value crop area"designation is used for the purpose
of minimizing conflicting uses in resort siting and does not revise the requirements of an
agricultural land goal or administrative rules interpreting the goal.
(3) "Map of eligible lands" means a map of the county adopted pursuant to ORS
197.455.
(4) "Open space"means any land that is retained in a substantially natural condition or
is improved for recreational uses such as golf courses, hiking or nature trails or equestrian
or bicycle paths or is specifically required to be protected by a conservation easement. Open
spaces may include ponds, lands protected as important natural features, lands preserved
for farm or forest use and lands used as buffers. Open space does not include residential
lots or yards, streets or parking areas.
(5) "Overnight lodgings"means:
(a) With respect to lands not identified in paragraph (b) of this subsection, permanent,
separately rentable accommodations that are not available for residential use, including
hotel or motel rooms, cabins and time-share units. Individually owned units may be
considered overnight lodgings if they are available for overnight rental use by the general
public for at least 45 weeks per calendar year through a central reservation and check-in
service. Tent sites, recreational vehicle parks, manufactured dwellings, dormitory rooms and
similar accommodations do not qualify as overnight lodgings for the purpose of this
definition.
(b) With respect to lands in eastern Oregon, as defined in ORS 321.805, permanent,
separately rentable accommodations that are not available for residential use, including
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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 38 weeks per calendar year through a central reservation system
operated by the destination resort or by a real estate property manager, as defined in ORS
696.010. Tent sites, recreational vehicle parks, manufactured dwellings, dormitory rooms
and similar accommodations do not qualify as overnight lodgings for the purpose of this
definition.
(6) "Self-contained development" means a development for which community sewer
and water facilities are provided on-site and are limited to meet the needs of the
development or are provided by existing public sewer or water service as long as all costs
related to service extension and any capacity increases are borne by the development. A
"self-contained development"must have developed recreational facilities provided on-site.
(7) "Tract"means a lot or parcel or more than one contiguous lot or parcel in a single
ownership. A tract may include property that is not included in the proposed site for a
destination resort if the property to be excluded is on the boundary of the tract and
constitutes less than 30 percent of the total tract.
(8) "Visitor-oriented accommodations" means overnight lodging, restaurants and
meeting facilities that are designed to and provide for the needs of visitors rather than year-
round residents. [1987 c.886 §3; 1989 c.648 §52; 1993 c.590 §1; 2003 c.812 §1; 2005
c.22 §140]
APPLICANT'S The proposed text amendment does not impact the definition of developed
RESPONSE: recreation facilities, high-value crop area, map of eligible lands, open
space, overnight lodging, self-contained development, tract, or visitor-
oriented accommodations. Thus, the proposed text amendment is
consistent with the statutory definitions at ORS 197.435.
197.440 Legislative findings. The Legislative Assembly finds that:
(1) It is the policy of this state to promote Oregon as a vacation destination and to
encourage tourism as a valuable segment of our state's economy;
(2) There is a growing need to provide year-round destination resort accommodations
to attract visitors and encourage them to stay longer. The establishment of destination
resorts will provide jobs for Oregonians and contribute to the state's economic
development;
(3) It is a difficult and costly process to site and establish destination resorts in rural
areas of this state; and
(4) The siting of destination resort facilities is an issue of statewide concern. [1987
c.886 §2]
APPLICANT'S The proposed text amendment does not impact the policies in this section
RESPONSE: regarding siting of destination resorts and promotion of Oregon as a
vacation destination. Thus, these provisions are not applicable.
197.445 Destination resort criteria; phase-in requirements; annual accounting. A
destination resort is a self-contained development that provides for visitor-oriented
accommodations and developed recreational facilities in a setting with high natural
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amenities. To qualify as a destination resort under ORS 30.947, 197.435 to 197.467,
215.213, 215.283 and 215.284, a proposed development must meet the following
standards:
(1) The resort must be located on a site of 160 acres or more except within two
miles of the ocean shoreline where the site shall be 40 acres or more.
(2) At least 50 percent of the site must be dedicated to permanent open space,
excluding streets and parking areas.
(3) At least $7 million must be spent on improvements for on-site developed
recreational facilities and visitor-oriented accommodations exclusive of costs for land, sewer
and water facilities and roads. Not less than one-third of this amount must be spent on
developed recreational facilities.
APPLICANT'S The proposed text amendment does not impact the standards for
RESPONSE: destination resort location, open space, or investment in recreational
facilities. Thus, these provisions are not applicable.
(4) Visitor-oriented accommodations including meeting rooms, restaurants with
seating for 100 persons and 150 separate rentable units for overnight lodging shall be
provided. However, the rentable overnight lodging units may be phased in as follows:
(a) On lands not described in paragraph (b) of this subsection:
(A) A total of 150 units of overnight lodging must be provided.
(8) At least 75 units of overnight lodging, not including any individually owned
homes, lots or units, must be constructed or guaranteed through surety bonding or
equivalent financial assurance prior to the closure of sale of individual lots or units.
(C) The remaining overnight lodging units must be provided as individually owned
lots or units subject to deed restrictions that limit their use to use as overnight lodging
units. The deed restrictions may be rescinded when the resort has constructed 150 units of
permanent overnight lodging as required by this subsection.
(D) The number of units approved for residential sale may not be more than two
units for each unit of permanent overnight lodging provided under this paragraph.
(E) The development approval must provide for the construction of other required
overnight lodging units within five years of the initial lot sales.
APPLICANT'S The standards at ORS 197.445(4)(a) are applicable to lands that are not in
RESPONSE: eastern Oregon, as defined in ORS 321.805. The Resort is located in
Eastern Oregon, and the applicability of the proposed text amendment is
limited to the Resort. Thus, these provisions are not applicable.
(b) On lands in eastern Oregon, as defined in ORS 321.805:
(A) A total of 150 overnight lodging must be provided.
(B) At least 50 units of overnight lodging must be constructed prior to the closure
of sale of individual lot sales.
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(C) Ate least 50 of the remaining 100 required overnight lodging units must be
constructed or guaranteed through surety bonding or equivalent financial
assurance within five years of the initial lot sales.
(D) The remaining required overnight lodging units must be constructed or
guaranteed through surety bonding or equivalent financial assurances within
10 years of the initial lot sales.
(E) The number of units approved for residential sale may not be more than 2-
1/2 units for each unit of permanent overnight lodging provided under this
paragraph.
(F) If the developer of a resort guarantees the overnight lodging units required
under subparagraphs (C) and(D) of this paragraph through surety bonding or
other equivalent financial assurance, the overnight lodging units must be
constructed within four years of the date of execution of the surety bond or
other equivalent financial assurance.
APPLICANT'S The proposed text amendment is limited to a broadened reporting
RESPONSE: methodology and establishing a remedy for not reaching the required ratio
which is also a mechanism for the County to recoup otherwise unavailable
TLT. No change is proposed to the required amount of overnight lodging,
the timing of construction of such units, the security requirements
associated with construction of such units, or the relative number of such
units to units for residential sale. Thus, the proposed text amendment
complies with these criteria.
(5) Commercial uses allowed are limited to types and levels of use necessary to
meet the needs of visitors to the development. Industrial uses of any kind are not
permitted.
APPLICANT'S The proposed text amendment does not impact the commercial uses
RESPONSE: allowed on destination resorts. Thus, these provisions are not applicable.
(6) In lieu of the standards in subsections (1), (3) and (4) of this section, the
standards set forth in subsection (7) of this section apply to a destination resort:
(a) On land that is not defined as agricultural or forest land under any statewide
planning goal;
(b) On land where there has been an exception to any statewide planning goal on
agricultural lands, forestlands, public facilities and services and urbanization; or
(c) On such secondary lands as the Land Conservation and Development Commission
deems appropriate.
(7) The following standards apply to the provisions of subsection (6) of this section:
(a) The resort must be located on a site of 20 acres or more.
(b) At least $2 million must be spent on improvements for on-site developed
recreational facilities and visitor-oriented accommodations exclusive of costs for land, sewer
and water facilities and roads. Not less than one-third of this amount must be spent on
developed recreational facilities.
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(c) At least 25 units, but not more than 75 units, of overnight lodging must be
provided.
(d) Restaurant and meeting room with at least one seat for each unit of overnight
lodging must be provided.
(e) Residential uses must be limited to those necessary for the staff and
management of the resort.
(f) The governing body of the county or its designee has reviewed the resort
proposed under this subsection and has determined that the primary purpose of the resort
is to provide lodging and other services oriented to a recreational resource which can only
reasonably be enjoyed in a rural area. Such recreational resources include, but are not
limited to, a hot spring, a ski slope or a fishing stream.
(g)
The resort must be constructed and located so that it is not designed to attract
highway traffic. Resorts may not use any manner of outdoor advertising signing except:
(A) Tourist oriented directional signs as provided in ORS 377.715 to 377.830; and
(B) On-site identification and directional signs.
APPLICANT'q These provisions are applicable to small destination resorts, as the term is
RESPONSE: defined under Statewide Planning Goal 8. The Resort is a large destination
resort. Thus, these provisions are not applicable.
(8) Spending required under subsections (3) and (7) of this section is stated in 1993
dollars. The spending required shall be adjusted to the year in which calculations are made
in accordance with the United States Consumer Price Index.
APPLICANT'S The proposed text amendment does not impact the spending and
RESPONSE: investment requirements for newly approved destination resorts. Thus,
the proposed text amendment complies with these criteria.
(9) When making a land use decision authorizing construction of a destination
resort in eastern Oregon, as defined in ORS 321.805, the governing body of the county or
its designee shall require the resort developer to provide an annual accounting to document
compliance with the overnight lodging standards of this section. The annual accounting
requirement commences one year after the initial lot or unit sales. The annual accounting
must contain:
(a) Documentation showing that the resort contains a minimum of 150
permanent units of overnight lodging or, during the phase-in period, documentation
showing the resort is not yet required to have constructed 150 units of overnight lodging.
(b) Documentation showing that the resort meets the lodging ratio described in
subsection (4) of this section.
(c) For a resort counting individually owned units as qualified overnight lodging
units, the number of weeks that each overnight lodging unit is available for rental to the
general public as described in ORS 197.435.
APPLICANT'S These criteria do not address the ability of the County to recoup otherwise
RESPONSE: unavailable TLT revenue. The proposed change to the County reporting
methodology would not change the requirement to report annually, or to
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document compliance with the overall required number of overnight units
and the relative number of such units to units for residential sale.
Expanding the allowed format of reporting to include "monthly printouts of
the availability calendars posted on-line by the unit owner or the unit
owner's agent" is consistent with the requirement to report the number of
weeks that each overnight lodging unit is available for rental" pursuant to
subsection (c). Thus, the proposed text amendment complies with these
criteria.
197.450 Siting without taking goal exception. In accordance with the provisions of
ORS 30.947, 197.435 to 197.467, 215.213, 215.283 and 215.284, a comprehensive plan
may provide for the siting of a destination resort on rural lands without taking an exception
to statewide planning goals relating to agricultural lands, forestlands, public facilities and
services or urbanization. [1987 c.886 §5]
APPLICANT'S The proposed text amendment does not impact the standards for siting a
RESPONSE: destination resort without taking a goal exception. Thus, this provision is
not applicable.
197.455 Siting of destination resorts; sites from which destination resort
excluded. (1) A destination resort may be sited only on lands mapped as eligible for
destination resort siting by the affected county. The county may not allow destination
resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of the following
areas:
(a) Within 24 air 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.
(b)(A) On a site with 50 or more contiguous acres of unique or prime farmland
identified and mapped by the United States Natural Resources Conservation Service, or its
predecessor agency.
(B) On a site within three miles of a high value crop area unless the resort complies
with the requirements of ORS 197.445 (6) in which case the resort may not be closer to a
high value crop area than one-half mile for each 25 units of overnight lodging or fraction
thereof.
(c) On predominantly Cubic Foot Site Class 1 or 2 forestlands as determined by the
State Forestry Department, which are not subject to an approved goal exception.
(d) In the Columbia River Gorge National Scenic Area as defined by the Columbia
River Gorge National Scenic Act, P.L. 99-663.
(e) In an especially sensitive big game habitat area:
(A) As determined by the State Department of Fish and Wildlife in July 1984, and in
additional especially sensitive big game habitat areas designated by a county in an
acknowledged comprehensive plan; or
(8) If the State Fish and Wildlife Commission amends the 1984 determination with
respect to an entire county and the county amends its comprehensive plan to reflect the
commission's subsequent determination, as designated in the acknowledged comprehensive
plan.
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(f) On a site in which the lands are predominantly classified as being in Fire Regime
Condition Class 3, unless the county approves a wildfire protection plan that demonstrates
the site can be developed without being at a high overall risk of fire.
(2) In carrying out subsection (1) of this section, a county shall adopt, as part of its
comprehensive plan, a map consisting of eligible lands within the county. The map must be
based on reasonably available information and may be amended pursuant to ORS 197.610
to 197.625, but not more frequently than once every 30 months. The county shall develop a
process for collecting and processing concurrently all map amendments made within a 30-
month planning period. A map adopted pursuant to this section shall be the sole basis for
determining whether tracts of land are eligible for destination resort siting pursuant to ORS
197.435 to 197.467. [1987 c.886 §6; 1993 c.590 §3; 1997 c.249 §57; 2003 c.812 §3;
2005 c.22 §142; 2005 c.205§1; 2010 c.32 §1]
APPLICANT'S The proposed text amendment does not impact the standards for siting a
RESPONSE: destination resort. Thus, these provisions are not applicable.
197.460 Compatibility with adjacent land uses; county measures; economic impact
analysis; traffic impact analysis. A county shall ensure that a destination resort is
compatible with the site and adjacent land uses through the following measures:
(1) Important natural features, including habitat of threatened or endangered
species, streams, rivers and significant wetlands shall be retained. Riparian vegetation
within 100 feet of streams, rivers and significant wetlands shall be retained. Alteration of
important natural features, including placement of structures that maintain the overall
values of the feature may be allowed.
(2) Improvements and activities shall be located and designed to avoid or minimize
adverse effects of the resort on uses on surrounding lands, particularly effects on intensive
farming operations in the area. At a minimum, measures to accomplish this shall include:
(a) Establishment and maintenance of buffers between the resort and adjacent land
uses, including natural vegetation and where appropriate, fences, berms, landscaped areas
and other similar types of buffers.
(b) Setbacks of structures and other improvements from adjacent land uses.
(3) If the site is west of the summit of the Coast Range and within 10 miles of an
urban growth boundary, or if the site is east of the summit of the Coast Range and within
25 miles of an urban growth boundary, the county shall require the applicant to submit an
economic impact analysis of the proposed development that includes analysis of the
projected impacts within the county and within cities whose urban growth boundaries are
within the distance specified in this subsection.
(4) If the site is west of the summit of the Coast Range and within 10 miles of an
urban growth boundary, or if the site is east of the summit of the Coast Range and within
25 miles of an urban growth boundary, the county shall require the applicant to submit a
traffic impact analysis of the proposed development that includes measures to avoid or
mitigate a proportionate share of adverse effects of transportation on state highways and
other transportation facilities affected by the proposed development, including
transportation facilities in the county and in cities whose urban growth boundaries are
within the distance specified in this subsection. [1987 c.886 §7; 2010 c.32 §2]
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APPLICANT'S The proposed text amendment does not impact the standards for a County
RESPONSE: to approve a new destination resort. Thus, these provisions are not
applicable.
197.462 Use of land excluded from destination resort. A portion of a tract that is
excluded from the site of a destination resort pursuant to ORS 197.435 (7) shall not be
used or operated in conjunction with the resort. Subject to this limitation, the use of the
excluded property shall be governed by otherwise applicable law. [1993 c.590 57]
APPLICANT'S The proposed text amendment does not impact the use of land excluded
RESPONSE: from destination resorts. Thus, this provision is not applicable.
197.465 Comprehensive plan implementing measures. An acknowledged
comprehensive plan that allows for siting of a destination resort shall include implementing
measures which:
(1) Map areas where a destination resort described in ORS 197.445 (1) to (5) is
permitted pursuant to ORS 197.455;
(2) Limit uses and activities to those defined by ORS 197.435 and allowed by ORS
197.445; and
(3) Assure that developed recreational facilities and key facilities intended to serve
the entire development and visitor-oriented accommodations are physically provided or are
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. [1987 c.886 58]
APPLICANT'S The proposed text amendment does not amend the County Comprehensive
RESPONSE: Plan, including the goals and policies that implement ORS 197.465.
Thus, these provisions are not applicable.
197.467 Conservation easement to protect resource site. (1) If a tract to be used as a
destination resort contains a resource site designated for protection in an acknowledged
comprehensive plan pursuant to open spaces, scenic and historic areas and natural resource
goals in an acknowledged comprehensive plan, that tract of land shall preserve that site by
conservation easement sufficient to protect the resource values of the resource site as set
forth in ORS 271.715 to 271.795.
(2) A conservation easement under this section shall be recorded with the property
records of the tract on which the destination resort is sited. [1993 c.590 §5]
APPLICANT'S The proposed text amendment does not impact the standards for
RESPONSE: application of conservation easements. Thus, this provision is not
applicable.
Deschutes County Comprehensive Plan
Section 3.9 Destination Resort Policies
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Goals and Policies
Goal 1 To provide for development of destination resorts in the County
consistent with Statewide Planning Goal 8 in a manner that will be
compatible with farm and forest uses, existing rural development,
and in a manner that will maintain important natural features, such
as habitat of threatened or endangered species, streams, rivers and
significant wetlands.
APPLICANT'S The proposed text amendment does not impact the development of new
RESPONSE: destination resorts. Thus, the proposed text amendment is consistent with
this goal.
Goal 2 To provide a process for the siting of destination resorts on rural
lands that have been mapped by Deschutes County as eligible for this
purpose.
APPLICANT'S The proposed text amendment does not impact the process for siting
RESPONSE: destination resorts or the mapping of destination resort eligible lands.
Thus, this goal is not applicable.
Goal 3 To provide for the siting of destination resort facilities that enhances
and diversifies the recreational opportunities and economy of
Deschutes County.
APPLICANT'S The proposed text amendment does not impact the siting of new
RESPONSE: destination resorts. Thus, this goal is not applicable. However, the
broadened reporting, additional TLT collections, and long term viability of
the Resort, associated with the proposed text amendment all improve the
recreational opportunities and economy of Deschutes County.
Goal 4 To provide for development of destination resorts consistent with
Statewide Planning Goal 12 in a manner that will ensure the resorts
are supported by adequate transportation facilities.
APPLICANT'S The proposed text amendment does not impact the transportation facilities
RESPONSE: or demands associated with the Resort. Thus, this provision is not
applicable.
Policy 3.9.1 Destination resorts shall only be allowed within areas shown on the
"Deschutes County Destination Resort Map" and when the resort complies
with the requirements of Goal 8, ORS 197.435 to 197.467, and Deschutes
County Code 18.113.
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Policy 3.9.2 Applications to amend the map will be collected and will be processed
concurrently no sooner than 30 months from the date the map was previously
adopted or amended.
APPLICANT'S The proposed text amendment does not impact or amend the County
RESPONSE: Destination Resorts Map. Thus, the proposed text amendment is
consistent with these policies.
Policy 3.9.3 Mapping for destination resort siting.
a. To assure that resort development does not conflict with the objectives
of other Statewide Planning Goals, destination resorts shall pursuant to
Goal 8 not be sited in Deschutes County in the following areas:
1. Within 24 air 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;
2. 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-Value
Crop Area;
3. On predominantly Cubic Foot Site Class 1 or 2 forest lands
which are not subject to an approved Goal exception;
4. On areas protected as Goal 5 resources in an acknowledged
comprehensive plan where all conflicting uses have been
prohibited to protect the Goal 5 resource;
5. Especially sensitive big game habitat, and as listed below, as
generally mapped by the Oregon Department of Fish and
Wildlife in July 1984 and as further refined through
development of comprehensive plan provisions implementing
this requirement.
i. Tumalo deer winter range;
ii. Portion of the Metolius deer winter range;
iii. Antelope winter range east of Bend near Horse Ridge
and Millican;
6. Sites less than 160 acres.
b. To assure that resort development does not conflict with Oregon
Revised Statute, destination resorts shall not be sited in Deschutes
County in Areas of Critical State Concern.
c. To assure that resort development does not conflict with the objectives
of Deschutes County, destination resorts shall also not be located in
the following areas:
1. Sites listed below that are inventoried Goal 5 resources, shown
on the Wildlife Combining Zone, that the County has chosen to
protect:
i. Antelope Range near Horse Ridge and Millican;
ii. Elk Habitat Area; and
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iii. Deer Winter Range;
2. Wildlife Priority Area, identified on the 1999 ODFW map
submitted to the South County Regional Problem Solving
Group;
3. Lands zoned Open Space and Conservation (OS&C);
4. Lands zoned Forest Use 1 (F-1);
5. Irrigated lands zoned Exclusive Farm Use (EFU) having 40 or
greater contiguous acres in irrigation;
6. Non-contiguous EFU acres in the same ownership having 60 or
greater irrigated acres;
7. Farm or forest land within one mile outside of urban growth
boundaries;
8. Lands designated Urban Reserve Area under ORS 195.145;
9. Platted subdivisions;
d. For those lands not located in any of the areas designated in Policy
3.9.3(a) though (c), destination resorts may, pursuant to Goal 8,
Oregon Revised Statute and Deschutes County zoning code, be sited in
the following areas:
1. Forest Use 2 (F-2), Multiple Use Agriculture (MUA-10), and
Rural Residential (RR-10) zones;
2. Unirrigated Exclusive Farm Use (EFU) land;
3. Irrigated lands zoned EFU having less than 40 contiguous acres
in irrigation;
4. Non-contiguous irrigated EFU acres in the same ownership
having less than 60 irrigated acres;
S. All property within a subdivision for which cluster development
approval was obtained prior to 1990, for which the original
cluster development approval designated at least 50 percent of
the development as open space and which was within the
destination resort zone prior to the effective date of Ordinance
2010-024 shall remain on the eligibility map;
6. Minimum site of 160 contiguous acres or greater under one or
multiple ownerships;
e. The County shall adopt a map showing where destination resorts can
be located in the County. Such map shall become part of the
Comprehensive Plan and Zoning Ordinance and shall be an overlay
zone designated Destination Resort(DR).
APPLICANT'S The proposed text ame n dme n i is limited to a broadened reporting
RESPONSE: requirement and establishing a mechanism for the County to recoup
otherwise unavailable TLT. No change is proposed to destination resort
siting standards, the list of lands ineligible of destination resorts, or the
County Destination Resort Map. Thus, the proposed text amendment is
consistent with these policies.
Policy 3.9.4 Ordinance provisions.
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a. The County shall ensure that destination resorts are compatible with the site
and adjacent land uses through enactment of land use regulations that, at a
minimum, provide for the following:
1. Maintenance of important natural features...
2. Location and design of improvements and activities ...
3. Such regulations may allow for alterations to important natural
features...
b. Minimum measures to assure that design and placement of improvements
and activities will avoid or minimize the adverse effects noted in Policy
3.9.4(a)
c. The County may adopt additional land use restrictions to ensure that
proposed destination resorts are compatible with the environmental
capabilities of the site and surrounding land uses.
d. Uses in destination resorts shall be limited to visitor- oriented
accommodations, overnight lodgings, developed recreational facilities,
commercial uses limited to types and levels necessary to meet the needs of
visitors to the resort, and uses consistent with preservation and maintenance
of open space.
e. The zoning ordinance shall include measures that assure that developed
recreational facilities, visitor-oriented accommodations and key facilities
intended to serve the entire development are physically provided or are
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 facilitated
intended to serve a particular phase shall be constructed prior to sales in that
phase or guaranteed through surety bonding.
APPLICANT'5. The proposed text amendment is limited to a broadened reporting
RESPONSE: requirement and establishing a mechanism for the County to recoup
otherwise unavailable TLT. No change is proposed to destination resort
site compatibility standards, facilities design and placement,
environmental compatibility standards, allowed uses on destination
resorts, or bonding and security requirements. Thus, the proposed text
amendment is consistent with these policies.
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