HomeMy WebLinkAboutOrdinance 008 - Overnite Units - Dest Resorts
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 5, 2013
_____________________________
DATE: May 31, 2013
FROM: Will Groves CDD Phone # 541-388-6518
TITLE OF AGENDA ITEM:
Consideration of First and Second Reading by Title Only and Adoption of Ordinance No. 2013-008
Amending Deschutes County Code 18.04.030 and 18.113, to Change the Ratio of Overnight to
Residential Units in Destination Resorts and Declaring an Emergency and Establishing an Effective
Date of 30 Days from Adoption.
Althernative action: Consideration of First and Second Reading by Title Only and Adoption of
Ordinance No. 2013-008 Amending Deschutes County Code 18.04.030 and 18.113, to Change the
Ratio of Overnight to Residential Units in Destination Resorts and Declaring an Emergency
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Pronghorn Intangibles LLC has applied for text amendments to the Deschutes County Code (DCC) to
change the ratio of required overnight lodging to residential units for Destination Resorts outside the
Bend Urban Area, case file Text Amendment (TA)-13-1. The Board held a public hearing on April 29,
2013 and Board verbally approved this proposal. The Board directed staff to draft the ordinance to
include an emergency clause with a 30-day delay in the ordinance effectiveness. The purpose would be
to have an effective date in line with the statutory effective date for ordinances adopted by cities.
An alternative version of the ordinance is also being provided in the event the Board decides not to
include the 30-day delay in effectiveness. When adopting the Title 19 amendments, the Board did not
include a 30-day delay. Because these Title 18 amendments are being adopted later into the
construction season, the Board may want to not include the 30-day delay in order to allow the applicant
to get started earlier on the construction of the overnight lodging units, which they cannot do until the
amendments are effective and they can then apply for CMP and FMP amendment approval based upon
the new code provisions.
FISCAL IMPLICATIONS: None.
RECOMMENDATION & ACTION REQUESTED:
Motion 1: Approval of first and second reading of the preferred version of Ordinance 2013-008 by title
only, then,
Motion 2: Adoption of Ordinance 2013-008.
ATTENDANCE: Nick Lelack, Laurie Craghead
DISTRIBUTION OF DOCUMENTS: Will Groves, Legal
PAGE 1 OF 2 - ORDINANCE NO. 2013-008
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
18.04 and 18.113 to Change the Ratio of Overnight to
Residential Units in Destination Resorts and
Declaring an Emergency and Prescribing an Effective
Date of 30 Days from Adoption.
*
*
*
*
ORDINANCE NO. 2013-008
WHEREAS, Pronghorn Intangibles LLC applied for a text amendment to Deschutes County Code
(“DCC”) Title 18, Section 18.04, Definitions and Section 18.113, Destination Resorts Zone, to change the ratio
of overnight to residential units in destination resorts; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
March 14, 2013 before the Deschutes County Planning Commission and, on March 28, 2013 the vote of the
Planning Commission was a 3-3- split vote resulting in no recommendation being forwarded to the Board of
County Commissioners (“Board”); and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 29, 2013 and
concluded that the proposed changes are consistent with the County’s Comprehensive Plan and that the public
will benefit from changes to the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04, Definitions, is amended to read as described in Exhibit “A”,
attached and incorporated by reference herein, with new language underlined and deleted language set forth in
strikethrough.
Section 2. AMENDMENT. DCC Section 18.113, Destination Resorts Zone, is amended to read as
described in Exhibit “B”, attached and incorporated by reference herein, with new language underlined and
deleted language set forth in strikethrough.
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit “C”,
attached and incorporated by reference herein.
/ / /
REVIEWED
______________
LEGAL COUNSEL
PAGE 2 OF 2 - ORDINANCE NO. 2013-008
Section 4. EMERGENCY. This ordinance being necessary for the preservation of the
public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect 30
days following its passage.
Dated this _______ of ___________, 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
______________________________________
ALAN UNGER, Chair
______________________________________
TAMMY BANEY, Vice Chair
ATTEST:
______________________________________
Recording Secretary
______________________________________
ANTHONY DEBONE, Commissioner
Date of 1st Reading: _____ day of ____________, 2013.
Date of 2nd Reading: _____ day of ____________, 2013.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Alan Unger ___ ___ ___ ___
Tammy Baney ___ ___ ___ ___
Anthony DeBone ___ ___ ___ ___
Effective date: _____ day of ____________, 2013.
PAGE 1 OF 2 - ORDINANCE NO. 2013-008
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
18.04 and 18.113 to Change the Ratio of Overnight to
Residential Units in Destination Resorts and
Declaring an Emergency.
*
*
*
*
ORDINANCE NO. 2013-008
WHEREAS, Pronghorn Intangibles LLC applied for a text amendment to Deschutes County Code
(“DCC”) Title 18, Section 18.04, Definitions and Section 18.113, Destination Resorts Zone, to change the ratio
of overnight to residential units in destination resorts; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
March 14, 2013 before the Deschutes County Planning Commission and, on March 28, 2013 the vote of the
Planning Commission was a 3-3- split vote resulting in no recommendation being forwarded to the Board of
County Commissioners (“Board”); and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 29, 2013 and
concluded that the proposed changes are consistent with the County’s Comprehensive Plan and that the public
will benefit from changes to the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04, Definitions, is amended to read as described in Exhibit “A”,
attached and incorporated by reference herein, with new language underlined and deleted language set forth in
strikethrough.
Section 2. AMENDMENT. DCC Section 18.113, Destination Resorts Zone, is amended to read as
described in Exhibit “B”, attached and incorporated by reference herein, with new language underlined and
deleted language set forth in strikethrough.
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit “C”,
attached and incorporated by reference herein.
/ / /
REVIEWED
______________
LEGAL COUNSEL
PAGE 2 OF 2 - ORDINANCE NO. 2013-008
Section 4. EMERGENCY. This ordinance being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect
on its passage.
Dated this _______ of ___________, 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
______________________________________
ALAN UNGER, Chair
______________________________________
TAMMY BANEY, Vice Chair
ATTEST:
______________________________________
Recording Secretary
______________________________________
ANTHONY DEBONE, Commissioner
Date of 1st Reading: _____ day of ____________, 2013.
Date of 2nd Reading: _____ day of ____________, 2013.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Alan Unger ___ ___ ___ ___
Tammy Baney ___ ___ ___ ___
Anthony DeBone ___ ___ ___ ___
Effective date: _____ day of ____________, 2013.
Page1 of 1 - EXHIBIT A TO ORDINANCE 2013-008
**** Denotes text not amended by Ordinance 2013-008
18.04.030. Definitions.
****
"Destination resort" means a self-contained development providing visitor-oriented
accommodations and developed recreational facilities in a setting with high natural amenities. To
qualify as a "major destination resort" under Goal 8, a proposed development must meet the
following standards:
A. The resort is located on a site of 160 or more acres.
B. At least 50 percent of the site is dedicated to permanent open space, excluding yards, street and
parking areas.
C. At least $7,000,000 (in 1993 dollars) is spent in the first phase on improvements for on-site-
developed recreational facilities and visitor-oriented accommodations, exclusive of costs for
land, sewer and water facilities and roads. Not less than one-third of this amount shall be spent
on developed recreational facilities.
D. Developed recreational facilities and key facilities intended to serve the entire development and
visitor-oriented accommodations must be constructed or, where permitted by DCC 18.113,
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.
E. Visitor-oriented accommodations are provided, including meeting rooms, restaurants with
seating for 100 persons, and 150 separate rentable units for overnight lodgings as described in
DCC 18.113.060(A). Accommodations available for residential use will not exceed two and
one-half such units for each unit of overnight lodging.
F. Commercial uses limited to those types and levels necessary to meet the needs of visitors to the
development. Industrial uses are not permitted.
****
(Ord. 2013-008 §1, 2013; Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §1,
2011; Ord. 2010-022 §1, 2010; Ord. 2010-018 §3, 2010, Ord. 2008-007 §1, 2008; Ord. 2008-015
§1, 2008; Ord. 2007-005 §1, 2007; Ord. 2007-020 §1, 2007; Ord. 2007-019 §1, 2007; Ord. 2006-
008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord.
2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001;
Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997;
Ord. 96-082 §1, 1996; Ord. 96-003 §2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord.
95-007 §1, 1995; Ord. 95-001 §1, 1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994;
Ord. 94-038 §3, 1994; Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1, 2, and 3,
1994; Ord. 93-043 §§1, 1A and 1B, 1993; Ord. 93-038 §1, 1993; Ord. 93-005 §§1 and 2, 1993;
Ord. 93-002 §§1, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §§1 and 2, 1992; Ord.
92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 §§1 and 2, 1992; Ord. 91-038 §§3 and 4,
1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1, 1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2,
1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88-050 §3, 1988; Ord. 88-030 §3, 1988;
Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 §2, 1986; Ord. 86-054 §1, 1986; Ord.
86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-
037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1, 1982)
Page 1 of 7 - EXHIBIT B TO ORDINANCE 2013-008
18.113.050. Requirements for Conditional Use Permit and Conceptual Master Plan
Applications.
The CMP provides the framework for development of the destination resort and is intended to ensure that
the destination resort meets the requirements of DCC 18.113. The CMP application shall include the
following information:
A. Illustrations and graphics to scale, identifying:
1. The location and total number of acres to be developed as a planned destination resort;
2. The subject area and all land uses adjacent to the subject area;
3. The topographic character of the site;
4. Types and general location of proposed development uses, including residential and commercial
uses;
5. Major geographic features;
6. Proposed methods of access to the development, identifying the main vehicular circulation system
within the resort and an indication of whether streets will be public or private;
7. Major pedestrian, equestrian and bicycle trail systems;
8. Important natural features of the site, including habitat of threatened or endangered species,
streams, rivers, wetlands and riparian vegetation within 200 feet of streams, rivers and wetlands.
9. All uses proposed within landscape management corridors identified by the comprehensive plan or
zoning ordinance.
10. The location and number of acres reserved as open space, buffer area, or common area. Areas
designated as "open space," "buffer area," or "common area" should be clearly illustrated and
labeled as such;
11. All proposed recreational amenities;
12. Proposed overall density.
B. Further information as follows:
1. A description of the natural characteristics of the site and surrounding areas, including a description
of resources and the effect of the destination resort on the resources; methods employed to mitigate
adverse impacts on resources; analysis of how the overall values of the natural features of the site
will be preserved, enhanced or utilized in the design concept for the destination resort; and a
proposed resource protection plan to ensure that important natural features will be protected and
maintained. Factors to be addressed include:
a. Compatibility of soil composition for proposed development(s) and potential erosion hazard;
b. Geology, including areas of potential instability;
c. Slope and general topography;
d. Areas subject to flooding;
e. Other hazards or development constraints;
f. Vegetation;
g. Water areas, including streams, lakes, ponds and wetlands;
h. Important natural features;
i. Landscape management corridors;
j. Wildlife.
2. A traffic study which addresses (1) impacts on affected County, city and state road systems and (2)
transportation improvements necessary to mitigate any such impacts. The study shall be submitted
to the affected road authority (either the County Department of Public Works or the Oregon
Department of Transportation, or both) at the same time as the conceptual master plan and shall be
prepared by a licensed traffic engineer to the minimum standards of the road authorities.
3. A description of how the proposed destination resort will satisfy the standards and criteria of DCC
18.113.060 and 18.113.070;
4. Design guidelines and development standards defining visual and aesthetic parameters for:
a. Building character;
Page 2 of 7 - EXHIBIT B TO ORDINANCE 2013-008
b. Landscape character;
c. Preservation of existing topography and vegetation;
d. Siting of buildings; and
e. Proposed standards for minimum lot area, width, frontage, lot coverage, setbacks and building
heights.
5. An open space management plan which includes:
a. An explanation of how the open space management plan meets the minimum standards of DCC
18.113 for each phase of the development;
b. An inventory of the important natural features identified in the open space areas and any other
open space and natural values present in the open space;
c. A set of management prescriptions that will operate to maintain and conserve in perpetuity any
identified important natural features and other natural or open space values present in the open
space;
d. Deed restrictions that will assure that the open space areas are maintained as open space in
perpetuity.
6. An explanation of public use of facilities and amenities on the site.
7. A description of the proposed method of providing all utility systems, including the location and
sizing of the utility systems;
8. A description of the proposed order and schedule for phasing, if any, of all development including
an explanation of when facilities will be provided and how they will be secured if not completed
prior to closure of sale of individual lots or units;
9. An explanation of how the destination resort has been sited or designed to avoid or minimize
adverse effects or conflicts on adjacent lands. The application shall identify the surrounding uses
and potential conflicts between the destination resort and adjacent uses within 660 feet of the
boundaries of the parcel or parcels upon which the resort is to be developed. The application shall
explain how any proposed buffer area will avoid or minimize adverse effects or conflicts;
10. A description of the proposed method for providing emergency medical facilities and services and
public safety facilities and services including fire and police protection;
11. A study prepared by a hydrologist, engineering geologist or similar professional certified in the
State of Oregon describing:
a. An estimate of water demands for the destination resort at maximum buildout, including a
breakdown of estimated demand by category of consumption, including but not limited to
residential, commercial, golf courses and irrigated common areas;
b. Availability of water for estimated demands at the destination resort, including (1)
identification of the proposed source; (2) identification of all available information on ground
and surface waters relevant to the determination of adequacy of water supply for the destination
resort; (3) identification of the area that may be measurably impacted by the water used by the
destination resort (water impact area) and an analysis supporting the delineation of the impact
area; and (4) a statistically valid sampling of domestic and other wells within the impact area;
c. A water conservation plan including an analysis of available measures which are commonly
used to reduce water consumption. This shall include a justification of the chosen water
conservation plan. The water conservation plan shall include a wastewater disposal plan
utilizing beneficial use of reclaimed water to the maximum extent practicable.
For the purposes of DCC 18.113.050, beneficial uses shall include, but are not limited to:
i. Irrigation of golf courses and greenways;
ii. Establishment of artificial wetlands for wildlife habitation.
12. An erosion control plan for all disturbed land, as required by ORS 468. This plan shall include
storm and melt water erosion control to be implemented during all phases of construction and
permanent facilities or practices for the continuing treatment of these waters. This plan shall also
explain how the water shall be used for beneficial use or why it cannot be used as such;
13. A description of proposed sewage disposal methods;
Page 3 of 7 - EXHIBIT B TO ORDINANCE 2013-008
14. Wildfire prevention, control and evacuation plans;
15. A description of interim development including temporary structures related to sales and
development;
16. Plans for owners' associations and related transition of responsibilities and transfer of property;
17. A description of the methods of ensuring that all facilities and common areas within each phase will
be established and will be maintained in perpetuity;
18. A survey of housing availability for employees based upon income level and commuting distance;
19. An economic impact and feasibility analysis of the proposed development prepared by a qualified
professional economist(s) or financial analyst(s) shall be provided which includes:
a. An analysis which addresses the economic viability of the proposed development;
b. Fiscal impacts of the project including changes in employment, increased tax revenue, demands
for new or increased levels of public services, housing for employees and the effects of loss of
resource lands during the life of the project.
20. A solid waste management plan;
21. A description of the mechanism to be used to ensure that the destination resort provides an adequate
supply of overnight lodging units to maintain compliance with the 150-unit minimum and 2 and
one-half to 1 ratio set forth in DCC 18.113.060(D)(2). The mechanism shall meet the requirements
of DCC 18.113.060(L);
22. If the proposed destination resort is in a SMIA combining zone, DCC 18.56 shall be addressed;
23. If the proposed destination resort is in an LM combining zone, DCC 18.84 shall be addressed;
24. A survey of historic and cultural resources inventoried on an acknowledged Goal 5 inventory;
25. Other information as may reasonably be required by the Planning Director to address the effect of
the proposed development as related to the requirements of DCC Title 18.
(Ord. 2013-008 §2, Ord. 2007-005 §2, 2007; Ord. 92-004 §13, 1992)
18.113.060. Standards for Destination Resorts.
The following standards shall govern consideration of destination resorts:
A. The destination resort shall, in the first phase, provide for and include as part of the CMP the following
minimum requirements:
1. At least 150 separate rentable units for visitor-oriented 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 pri or
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.
Page 4 of 7 - EXHIBIT B TO ORDINANCE 2013-008
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
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 18.113.060 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:
1. Each phase, together with previously completed phases, if any, shall be capable of operating in a
manner consistent with the intent and purpose of 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.
Page 5 of 7 - EXHIBIT B TO ORDINANCE 2013-008
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 be
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;
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 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) 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).
Page 6 of 7 - EXHIBIT B TO ORDINANCE 2013-008
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;
c. The ratio between the individually-owned residential platted lots and the overnight lodging
units;
d. The 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;
iv. Documentation showing that these units were available for rental as required.
e. This information shall be public 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 1 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
Page 7 of 7 - EXHIBIT B TO ORDINANCE 2013-008
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.
(Ord. 2013-008 §2, 2012; Ord. 2007-05 §2, 2007; Ord. 92-004 §13, 1992)
Page 1 of 15 – Exhibit C to Ordinance No. 2013-008
Findings for Ordinance No. 2013-008
Change to the Ratio of Overnight to Residential Units
in Destination Resorts in the Bend Urban Area
1. Introduction
The Applicant, Pronghorn Resort LLC, proposed minor amendments to the destination resort chapter
of Title 18 of the Deschutes County Code (“DCC”). Chapter 18.113 governs resorts outside the Urban
Area Reserves of the respective urban areas. The applicant owns property within the Pronghorn Resort.
The amendments to DCC 18.113 change the ratio of residential units to overnight lodging units within a
resort from 2:1 to 2 ½:1, as allowed by the associated provisions of the Oregon Revised Statutes and
Statewide Planning Goal 8. Overnight lodging units, as defined by DCC 18.04.030, “with respect to
destination resorts,” means permanent, separately rentable accommodations that are not available for
residential use. Overnight lodgings include hotel or motel rooms, cabins and time-share units.
Individually owned units may be considered overnight lodgings if they are available for overnight rental
use by the general public for at least 38 weeks per calendar year through a central reservation and check-
in service.
ORS 197.445(4)(b)(E) governs the ratio between residential units for sale and overnight lodging units
for rental in eastern Oregon as follows: “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.”
Statewide Planning Goal 8 also contains this ratio (OAR 660-015-0000(8)). DCC 18.113 currently
contains the ratio adopted with the original resort statutes (2:1). Although the Legislature subsequently
changed the ratio to 2 ½:1, Deschutes County has not yet adopted the new ratio. In order to update the
mix of uses authorized within the Pronghorn destination resort, the Applicant proposes minor
amendments to DCC 18.113 to adopt the 2 ½ to 1 ratio set forth in ORS 197.445 and Goal 8.
The Deschutes County Planning Commission held a hearing on TA-13-1 on March 14, 2013, and
held the record open for a period of 7 days. The Planning Commission held another hearing on March 28,
2013, and at that hearing voted 3 to 3 in favor of / against the proposed text amendment, and all members
agreed to forward TA-13-1 to the Deschutes County Board of Commissioners (the “Board”). The Board
held a hearing on April 29, 2013, received oral testimony from the applicant and Paul Dewey on behalf of
Central Oregon Landwatch and Steve Hultberg on behalf of Caldera Springs Resort.
The Board voted 3 - 0 in favor of approving TA-13-1 pursuant to an emergency clause. The Board
adopted the amendments pursuant to the emergency clause for three primary reasons. First, the applicant
cannot file CMP and FMP amendments until the ordinance is effective. Second, the Board recognizes that
any amendment to the CMP or FMP is subject to appeal. Were the amendments to be effective in 90 days,
any appeal of the CMP or FMP could result in a loss of the next building season while the applications
are on appeal. The Board concludes that construction of overnight units sooner rather than later is in the
best interest of the County and that a delay of 90 days could negatively impact the ability to construct
overnight units during the next building season. Such a delay could then delay the potential for more
influx of tourism dollars to the County. Third, the Board recognizes that this change brings the Deschutes
County Code into compliance with state law. For these reasons, the Board has elected to adopt Ordinance
2013-003 by emergency, with a 30-day delay to effectiveness. The Board recognizes that the applicant is
eager to modify the CMP and amend the existing improvement agreement to establish long-term certainty
with respect to the total number of overnight units required and the associated bonding obligations. The
Board believes that by providing long-term certainty with respect to the number of overnight units at
Pronghorn is in the best interest of the County, and that it is best to resolve that issue as soon as
reasonably practicable.
Page 2 of 15 – Exhibit C to Ordinance No. 2013-008
2. Text Amendments to DCC 18.040.030 and 18.113
The amendments to DCC 18.040.030 and DCC 18.113 are set forth below. Additions are marked in
underline text, and deletions are marked in strikethrough text.
A. DCC 18.04.030, Definitions
DCC 18.04.030 contains several definitions relating to the siting of destination resorts under Chapter
18.113 of the DCC. To adopt the new ratio set forth in state law, the definition of “destination resort”
should be amended by the County as follows:
"Destination resort" means a self-contained development providing visitor-oriented accommodations and
developed recreational facilities in a setting with high natural amenities. To qualify as a "major
destination resort" under Goal 8, a proposed development must meet the following standards:
A. The resort is located on a site of 160 or more acres.
B. At least 50 percent of the site is dedicated to permanent open space, excluding yards,
street and parking areas.
C. At least $7,000,000 (in 1993 dollars) is spent in the first phase on improvements for on-
site-developed recreational facilities and visitor-oriented accommodations, exclusive of costs for land,
sewer and water facilities and roads. Not less than one-third of this amount shall be spent on developed
recreational facilities.
D. Developed recreational facilities and key facilities intended to serve the entire
development and visitor-oriented accommodations must be constructed or, where permitted by DCC
18.113, 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.
E. Visitor-oriented accommodations are provided, including meeting rooms, restaurants
with seating for 100 persons, and 150 separate rentable units for overnight lodgings as described in DCC
18.113.060(A). Accommodations available for residential use will not exceed two and one-half such units
for each unit of overnight lodging.
F. Commercial uses limited to those types and levels necessary to meet the needs of visitors
to the development. Industrial uses are not permitted.
Page 3 of 15 – Exhibit C to Ordinance No. 2013-008
B. DCC 18.113.050. Requirements for Conditional Use Permit and Conceptual Master Plan
Applications
DCC 18.113.050 contains standards governing some of the requirements for land use approval of
resorts. The County has amended DCC 18.113.050(B)(21) to adopt the 2-1/2:1 ratio set forth in state law,
as shown below.
B. Further information as follows:
1. A description of the natural characteristics of the site and surrounding areas, including a
description of resources and the effect of the destination resort on the resources; methods
employed to mitigate adverse impacts on resources; analysis of how the overall values of the
natural features of the site will be preserved, enhanced or utilized in the design concept for the
destination resort; and a proposed resource protection plan to ensure that important natural
features will be protected and maintained. Factors to be addressed include:
a. Compatibility of soil composition for proposed development(s) and potential erosion
hazard;
b. Geology, including areas of potential instability;
c. Slope and general topography;
d. Areas subject to flooding;
e. Other hazards or development constraints;
f. Vegetation;
g. Water areas, including streams, lakes, ponds and wetlands;
h. Important natural features;
i. Landscape management corridors;
j. Wildlife.
2. A traffic study which addresses (1) impacts on affected County, city and state road systems and
(2) transportation improvements necessary to mitigate any such impacts. The study shall be
submitted to the affected road authority (either the County Department of Public Works or the
Oregon Department of Transportation, or both) at the same time as the conceptual master plan
and shall be prepared by a licensed traffic engineer to the minimum standards of the road
authorities.
3. A description of how the proposed destination resort will satisfy the standards and criteria of
DCC 18.113.060 and 18.113.070;
4. Design guidelines and development standards defining visual and aesthetic parameters for:
a. Building character;
b. Landscape character;
c. Preservation of existing topography and vegetation;
d. Siting of buildings; and
Page 4 of 15 – Exhibit C to Ordinance No. 2013-008
e. Proposed standards for minimum lot area, width, frontage, lot coverage, setbacks and
building heights.
5. An open space management plan which includes:
a. An explanation of how the open space management plan meets the minimum standards of
DCC 18.113 for each phase of the development;
b. An inventory of the important natural features identified in the open space areas and any
other open space and natural values present in the open space;
c. A set of management prescriptions that will operate to maintain and conserve in perpetuity
any identified important natural features and other natural or open space values present in the
open space;
d. Deed restrictions that will assure that the open space areas are maintained as open space in
perpetuity.
6. An explanation of public use of facilities and amenities on the site.
7. A description of the proposed method of providing all utility systems, including the location
and sizing of the utility systems;
8. A description of the proposed order and schedule for phasing, if any, of all development
including an explanation of when facilities will be provided and how they will be secured if not
completed prior to closure of sale of individual lots or units;
9. An explanation of how the destination resort has been sited or designed to avoid or minimize
adverse effects or conflicts on adjacent lands. The application shall identify the surrounding uses
and potential conflicts between the destination resort and adjacent uses within 660 feet of the
boundaries of the parcel or parcels upon which the resort is to be developed. The application shall
explain how any proposed buffer area will avoid or minimize adverse effects or conflicts;
10. A description of the proposed method for providing emergency medical facilities and services
and public safety facilities and services including fire and police protection;
11. A study prepared by a hydrologist, engineering geologist or similar professional certified in
the State of Oregon describing:
a. An estimate of water demands for the destination resort at maximum buildout, including a
breakdown of estimated demand by category of consumption, including but not limited to
residential, commercial, golf courses and irrigated common areas;
b. Availability of water for estimated demands at the destination resort, including (1)
identification of the proposed source; (2) identification of all available information on ground
and surface waters relevant to the determination of adequacy of water supply for the
destination resort; (3) identification of the area that may be measurably impacted by the water
used by the destination resort (water impact area) and an analysis supporting the delineation
of the impact area; and (4) a statistically valid sampling of domestic and other wells within
the impact area;
Page 5 of 15 – Exhibit C to Ordinance No. 2013-008
c. A water conservation plan including an analysis of available measures which are
commonly used to reduce water consumption. This shall include a justification of the chosen
water conservation plan. The water conservation plan shall include a wastewater disposal
plan utilizing beneficial use of reclaimed water to the maximum extent practicable.
For the purposes of DCC 18.113.050, beneficial uses shall include, but are not limited to:
i. Irrigation of golf courses and greenways;
ii. Establishment of artificial wetlands for wildlife habitation.
12. An erosion control plan for all disturbed land, as required by ORS 468. This plan shall
include storm and melt water erosion control to be implemented during all phases of construction
and permanent facilities or practices for the continuing treatment of these waters. This plan shall
also explain how the water shall be used for beneficial use or why it cannot be used as such;
13. A description of proposed sewage disposal methods;
14. Wildfire prevention, control and evacuation plans;
15. A description of interim development including temporary structures related to sales and
development;
16. Plans for owners’ associations and related transition of responsibilities and transfer of
property;
17. A description of the methods of ensuring that all facilities and common areas within each
phase will be established and will be maintained in perpetuity;
18. A survey of housing availability for employees based upon income level and commuting
distance;
19. An economic impact and feasibility analysis of the proposed development prepared by a
qualified professional economist(s) or financial analyst(s) shall be provided which includes:
a. An analysis which addresses the economic viability of the proposed development;
b. Fiscal impacts of the project including changes in employment, increased tax revenue,
demands for new or increased levels of public services, housing for employees and the
effects of loss of resource lands during the life of the project.
20. A solid waste management plan;
21. A description of the mechanism to be used to ensure that the destination resort provides an
adequate supply of overnight lodging units to maintain compliance with the 150-unit minimum
and 2 and one-half to 1 ratio set forth in DCC 18.113.060(D)(2). The mechanism shall meet the
requirements of DCC 18.113.060(L);
22. If the proposed destination resort is in a SMIA combining zone, DCC 18.56 shall be
addressed;
23. If the proposed destination resort is in an LM combining zone, DCC 18.84 shall be addressed;
Page 6 of 15 – Exhibit C to Ordinance No. 2013-008
24. A survey of historic and cultural resources inventoried on an acknowledged Goal 5 inventory;
25. Other information as may reasonably be required by the Planning Director to address the
effect of the proposed development as related to the requirements of DCC Title 18.
(Ord. 2007-005 §2, 2007; Ord. 92-004 §13, 1992)
C. DCC 18.113.060. Standards for Destination Resorts.
DCC 18.113.060 contains standards governing the construction and operation of resorts. The
County has amended DCC 18.1136.060 (A), (D), and (L) to adopt the 2-1/2:1 ratio set forth in
state law, as shown below. 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 and one half to 1 accommodation ratio required by DCC 18.113.060(D)(2)
must be maintained at all times.
c. If a resort does not choose 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).
Page 7 of 15 – Exhibit C to Ordinance No. 2013-008
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).
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 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 of 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.
L. The overnight lodging criteria shall be met, including the 150-unit minimum and the 2
and one half 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) 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.
Page 8 of 15 – Exhibit C to Ordinance No. 2013-008
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;
c. The ratio between the individually-owned residential platted lots and the overnight
lodging units;
d. The 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;
iv. Documentation showing that these units were available for rental as required.
e. This information shall be public 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).
Page 9 of 15 – Exhibit C to Ordinance No. 2013-008
6. Before approval of each final plat, all the following shall be provided:
a. Documentation demonstrating compliance with the 2 and one half to 1 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 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.
(Ord. 2007-05 §2, 2007; Ord. 92-004 §13, 1992)
3. Compliance with DCC 18.136.010, Amendments to Title 18
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or
legislative map changes shall as set forth in DCC 22.12. A request by a property owner for a
quasi-judicial map amendment shall be accomplished by filing an application on forms
provided by the Planning Department and shall be subject to applicable procedures of DCC
Title 22. (Ord. 95-050 §2, 1995; Ord. 91-020 §1, 1991)
Applicant submitted an application for the code amendments pursuant to DCC 18.136.010
and the County processed the amendment consistent with DCC Title 22, as required. DCC
22.12.010 and .040 require a public hearing before the Planning Commission and then the Board
of County Commissioners for all legislative changes. DCC 22.12.020 sets forth the basic notice
requirements for the hearings. As discussed above, both the Planning Commission and the Board
held the required hearings.
Page 10 of 15 – Exhibit C to Ordinance No. 2013-008
4. Compliance with County Comprehensive Plan
The Deschutes County Comprehensive Plan contains destination resorts goals and policies.
However, the plan contains no goals or policies related to the ratio between residential units and
overnight lodging units. Rather, the Plan primarily focuses on destination resort mapping and
directs the County to adopt code provisions to implement the siting standards of ORS 197.445
and Goal 8. Therefore, the detailed siting standards for resorts in the County, including the ratio,
are set forth in DCC Title 18. As a result, there are no plan policies directly applicable to this text
amendment, and the amendments to Title 18 do not require any concurrent amendments to the
Comprehensive Plan. The Board therefore finds that no goals or policies of the plan apply to
these amendments. Further, the Board finds that the amendments are consistent with the
Deschutes County Comprehensive Plan and that the amendments are not inconsistent with any
goal or policy of the Deschutes County Comprehensive Plan.
5. Compliance with the Statewide Planning Goals
A. Statewide Planning Goal 1, Citizen Involvement
The amendments are consistent with Goal 1 because the County processed the application
consistent with the procedural standards for code amendments. The standards provide for public
comment and hearings, thereby promoting the citizen involvement policies of Goal 1.
B. Statewide Planning Goal 2, Land Use Planning
Goal 2 requires the County to adopt and maintain land use plans and ordinances to
implement the Goals. The Goal also requires the County to amend the plans and ordinances
when appropriate, following an opportunity for public notice and comment. The amendments are
consistent with Goal 2 because the amendments will update the County’s implementing
ordinance to make the overnight lodging ratio in Title 18 consistent with the state land use
planning statutes and Goal 8. As noted above, the amendments were subject to public review and
comment, including public hearings before the Planning Commission and the Board of
Commissioners.
C. Statewide Planning Goals 3 and 4, Agricultural Lands and Forest Lands
Goals 3 and 4 concern agricultural and forest lands. The amendments affect Title 18, which
governs the areas of Deschutes County not suited for these resource uses. These lands are not
classified as high value resource lands. Therefore, because the amendments will change only the
destination resort chapter of the code, Goals 3 and 4 are not relevant to the amendments.
D. Statewide Planning Goal 5, Natural Resources, Scenic and Historic Areas,
Open Spaces
Consistent with Goal 5, DCC 18.113 already requires the preservation of designated Goal 5
resources on any destination resort tract through design techniques, open space dedication, or
conservation easements. The amendments are focused solely on updating the ratio between
Page 11 of 15 – Exhibit C to Ordinance No. 2013-008
residential units and overnight lodging units, and will not alter how DCC Title 18 complies with
Goal 5.
E. Statewide Planning Goal 6, Air, Water, and Land Resources Quality; Goal 7,
Areas Subject to Natural Hazards
As with Goal 5, DCC 18.113 already contains standards to ensure that destination resorts
within the County will protect air, water and land resources. In addition, DCC 18.113 also
contains standards limiting resort development in areas subject to natural hazards. These siting
standards require the maintenance of important natural features, including streams, rivers, and
significant wetlands. The standards also regulate alterations and uses within the 100-year
floodplain and on slopes exceeding 25%, as required by Goals 7 and 8. The amendments to DCC
18.113 will not alter these standards. Rather, the amendments will only update the ratio between
residential units and overnight lodging units. Therefore, Title 18 will remain consistent with
Goals 6 and 7.
F. Statewide Planning Goal 8, Recreational Needs
Goal 8 governs recreation, including destination resorts. As explained above, Goal 8
currently contains a 2 ½:1 ratio between residential units and overnight lodging units. The
amendments will implement this standard, thereby maintaining compliance with Goal 8.
G. Statewide Planning Goal 9, Economic Development
The amendments are consistent with Goal 9 because it is an economic policy of the State of
Oregon to promote tourism through destination resort development (ORS 197.440(1) and (2)).
The amendments will authorize the mix of residential and overnight lodging uses contemplated
by ORS 197.445 and Goal 8, thereby ensuring that Title 18 continues to serve its purpose of
fostering economic development through recreation and tourism.
H. Statewide Planning Goal 10, Housing
Destination resorts provide for a variety of housing in a recreational setting. The amendments
are consistent with Goal 10 because they will authorize the ratio of housing types currently
allowed by ORS 197.445 and Goal 8.
I. Statewide Planning Goal 11, Public Facilities and Services
In its current form, DCC 18.113 is consistent with Goal 11 because it requires resorts to
provide sewer and water facilities at the resort, or to connect to existing facilities if the resort
bears the cost of extension. The amendments will not alter compliance with Goal 11 because
they do not change any code or plan standards regarding public facilities. Rather, the
amendments focus solely on bringing the ratio between residential units and overnight lodging
units into compliance with ORS 197.445 and Goal 8.
J. Statewide Planning Goal 12, Transportation
The administrative rules set forth in OAR 660-012 implement Goal 12. A local government
must demonstrate compliance with OAR 660-12-0060 (the “Transportation Planning Rule,” or
Page 12 of 15 – Exhibit C to Ordinance No. 2013-008
“TPR”) when adopting a plan or land use regulation amendment. The TPR requires the local
government to determine whether the amendment would “significantly affect” an existing or
planned transportation facility. If so, the government must put in place measures set forth in the
rule to address the effects.
As detailed below, the minor amendments adopted to change the overnight lodging ratio from
2:1 to 2 ½:1 are consistent with Goal 12 and the TPR because the amendments will not
significantly affect a transportation facility. OAR 660-012-0060 states:
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation (including a zoning map) would significantly affect an existing or
planned transportation facility, then the local government must put in place measures as
provided in section (2) of this rule, unless the amendment is allowed under section (3),
(9) or (10) of this rule. A plan or land use regulation amendment significantly affects a
transportation facility if it would:
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in adopted plan);
The amendments will change only the ratio governing the mix of dwelling units within a resort
and will not change the functional classification of a transportation facility because all other
transportation compliance and mitigation requirements in the code remain.
(b) Change standards implementing a functional classification system; or
The amendments will change only the ratio governing the mix of dwelling units within a resort,
and, for the same reasons stated for subsection (a) above and (c) below, will not change the
standards implementing a functional classification system.
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection
based on the projected conditions measured at the end of the planning period identified
in the adopted TSP. As part of evaluating projected conditions, the amount of traffic
projected to be generated within the area of the amendment may be reduced if the
amendment includes an enforceable, ongoing requirement that would demonstrably limit
traffic generation, including but not limited to, transportation demand management. This
reduction may diminish or completely eliminate the significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility
such that it would not meet the performance standards identified in the TSP or
comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility
that is otherwise projected to not meet the performance standards identified in the TSP or
comprehensive plan.
Page 13 of 15 – Exhibit C to Ordinance No. 2013-008
The amendments will change the ratio of residential units to overnight lodging units from 2:1
to 2 ½ :1. This change in itself will not result in any of the effects listed in paragraphs (A)
through (C) above. This is because the density of a resort, and the associated traffic impacts, are
governed by the siting and approval criteria already set forth in DCC 18.113. For example, the
criteria requires a resort to contain 50% open space, establishes a maximum density of one and
one-half dwelling units per acre, and requires a resort to minimize impacts on surrounding lands
and affected road systems. These requirements ultimately dictate the number and density of
dwelling units within a resort. It is these standards, not the ratio between residential dwellings
and overnight lodging units, which shape the overall size and potential traffic impacts of a resort.
The ratio merely determines how many units are available for rental to the general public for a
specified number of weeks versus how many individually owned dwellings are used as
permanent units or vacation homes without a mandated rental schedule. Whether a unit qualifies
as an overnight lodging unit does not alter the trip generation assigned to that unit for purposes
of traffic impact analysis. Rather, the traffic analyses for resorts assign the single-family home
trip generation rate from the Institute of Traffic Engineers (ITE) manual to all dwelling units.
Following the adoption of the code amendments, Pronghorn, for example, could apply to
amend its CMP and FMP to authorize the use of the 2 ½:1 ratio. Such an amendment would
require traffic analysis to comply with DCC 17.16.115 and/or 18.124.080(J). In other words, the
text amendment only offers the potential to possibly change the total trips from a development
due to a different mix of permanent and overnight homes or lodging. The CMP sets the number
of units; the text amendment merely offers an avenue to change the residential mix, but does not
generate traffic by itself. The Improvement Agreement, executed in January of this year,
expressly contemplated a change in the mix of uses, as would occur if Pronghorn applied the
new ratio to alter its residential mix.
The record contains correspondence from the County’s senior transportation planner, Peter
Russell, regarding compliance with the TPR. Mr. Russell’s comments suggest that the
amendments require additional analysis to ensure consistency with the TPR. Additionally,
although not specific, the comments filed by Central Oregon Landwatch also suggest that
additional study may be required under the TPR. In response, the Board adopts the following
additional findings:
Title 18 caps density at resorts at 1.5 single-family dwelling units per acre. The consequence
is that under the existing development code, a resort may not exceed this density, and combined
with the requirements for open space and other infrastructure requirements, is severely limited as
to development intensity.
The present amendment, which changes only the ratio between single family and overnight
dwelling units does not provide a resort the ability to develop at any greater density than is
already permitted under the code or provide any ability to add trips to the transportation system
in addition to what could be added under the current code. As a result, the amendment will not
significantly affect any transportation facility.
The change to the ratio would allow an existing resort to apply to add additional single
family dwellings while keeping the overnight dwelling units constant. The ratio change,
combined with amendment of the Conceptual Master Plan or Final Master Plan could result in
Page 14 of 15 – Exhibit C to Ordinance No. 2013-008
additional trips to the system, but these additional trips do not result in any issue under the TPR
as the text amendment is already approved. The County’s code, however, would require traffic
to be analyzed under DCC 17.16.115 and DCC 17.16.115(E) specifically requires a 20-year
analysis for any destination resort development.
The following tables show the different trip generation potential for a 500 overnight lodging
unit resort under the 2:1 and 2.5:1 ratios:
Overnight
lodging units
Maximum trip
generation for
overnight
lodging units
ITE 330. 0.42
PM peak hour
Maximum
number of SFR
units at 2:1 Ratio
Maximum trip
generation for
SFR units
ITE 210 1PM
peak hour
Total number of
PM peak-hour
trips
500 210 1000 1000 1210
Overnight
lodging units
Maximum trip
generation for
overnight
lodging units
ITE 330. 0.42
PM peak hour
Maximum
number of SFR
units at 2.5:1
Ratio
Maximum trip
generation for
SFR units
ITE 210 1PM
peak hour
Total number of
PM peak-hour
trips
500 210 1250 1250 1460
The change in the ratio from 2:1 to 2.5:1 could result in an additional 250 trips to the system.
For this reason it was suggested that additional analysis under the TPR was warranted. This
potential addition of the trips to the system, however, does not trigger additional analysis under
the TPR. The reason for this is that under the existing Development Code, with no change to the
ratio, a resort could already add 210, 500, or 1000 additional trips to the system. This could be
done in two different ways:
First, the resort could add additional overnight lodging units to the resort while keeping the
single family dwelling unit count constant:
Overnight
lodging units
Maximum trip
generation for
overnight
lodging units
ITE 330.42 PM
peak hour
Maximum
number of SFR
units at 2:1 Ratio
Maximum trip
generation for
SFR units
ITE 210 1PM
peak hour
Total number of
PM peak-hour
trips
1100 462 1000 1000 1462
Under this example, the resort has added 252 additional trips to the system, while
maintaining the same number of single family units. The addition of these trips is permitted
under the existing code.
Page 15 of 15 – Exhibit C to Ordinance No. 2013-008
Second, the resort could increase both the overnight lodging units and single family dwelling
units, while maintaining the 2:1 ratio:
Overnight
lodging units
Maximum trip
generation for
overnight
lodging units
ITE 330.42 PM
peak hour
Maximum
number of SFR
units at 2:1 Ratio
Maximum trip
generation for
SFR units
ITE 210 1PM
peak hour
Total number of
PM peak-hour
trips
620 261 1240 1240 1501
The above examples demonstrate that the change to the ratio between overnight lodging units
and single family dwelling units will not result in additional trips to the transportation system,
because such additional trips are already permitted under the code. They are not an inherent
effect of the text amendment. An unlimited number of trips could be added to the system under
the existing code so long as traffic impacts mitigation is proposed, as required by County Code,
at the time of CMP or CMP amendment approval. Therefore, for purposes of the TPR, , the
amendment will not significantly affect any transportation facility.
Further, simply because the amendments are consistent with the TPR does not mean that an
existing resort could avoid demonstrating consistency with County transportation standards at
the time of development or an amendment to a CMP/FMP that increases overall density. In either
instance, an applicant would be required to prove compliance with all applicable county
transportation standards. Stated differently, while a CMP/FMP or an amendment to a CMP/FMP
could significantly affect a transportation system and require mitigation, the present amendments
to Title 18 do not authorize additional trips to the system that could significantly affect a
transportation system.
In conclusion, for the reasons set forth above, the code amendments are consistent with Goal
12 and the TPR because the amendments will not significantly affect a transportation facility.
K. Statewide Planning Goal 13, Energy Conservation
Goal 13 encourages land development to be managed to maximize the conservation of all
forms of energy, based upon sound economic principles. ORS 197.445 and Goal 8 define a
destination resort as a “self-contained development that provides for visitor-oriented
accommodations and developed recreational facilities in a setting with high natural amenities.”
Such developments maximize energy efficiency by providing a broad mix of uses within a single
development (residential, overnight lodging, recreational, dining, etc.). The amendments are
consistent with Goal 13 because they continue to promote efficient resort development by
updating the overnight lodging ratio in DCC Title 18.
L. Statewide Planning Goal 14, Urbanization
Goal 14 focuses on the provision of orderly and efficient transition from rural to urban land
uses. Goal 8 specifically authorizes resorts to be sited on DR-mapped lands without taking an
exception to several goals, including Goal 14. At the time of the adoption of DCC 18.113, the
Page 16 of 15 – Exhibit C to Ordinance No. 2013-008
County and DLCD determined that it would be consistent with Goal 14 to allow resorts on rural
lands. The amendments will not alter DCC 18.113’s compliance with Goal 14 because the
amendments merely change the overnight lodging ratio to match ORS 197.445 and Goal 8.
Page 17 of 15 – Exhibit C to Ordinance No. 2013-008
M. Statewide Planning Goals 15, 16, 17, 18, and 19
Goals 15, 16, 17, 18, and 19 concern resources that are not present within the area affected
by this amendment (Willamette River Greenway, Estuarine Resources, Coastal Shorelands,
Beaches, and Dune, and Ocean Resources).
6. Opposition Testimony
The comments filed by Central Oregon Landwatch generally contain policy arguments as to
why the County should not approve the amendments and suggest that the County adopt
additional text amendments. The Board declined to adopt the recommended text changes. The
only possible substantive challenge raised by Central Oregon Landwatch is that Goal 12 and
TPR require additional transportation analysis. As set forth above, the County has undertaken
such additional analysis and concluded that the amendments do not significantly affect any
transportation facilities due to the fact that the amendments will not result in the addition of any
additional trips to the transportation system than are already permitted under the existing code.
With or without the present amendments, the applicant has the ability to send an unlimited
number of trips to the system. Again, even though the amendments will not significantly affect a
transportation facility, any amendment to a CMP or a new CMP will require compliance with the
County’s transportation standards.
The comments filed by 1000 Friends of Oregon include no substantive challenge to the
amendments. Rather, the comments request that the County not adopt the changes because to do
so would “not be good policy.” The Board finds that the comments filed by 1000 Friends of
Oregon do not provide any basis to conclude that the amendments are inconsistent with any rule,
law, goal or other applicable standard.
7. Conclusion
In conclusion, the Board concludes that the applicant has demonstrated that the amendments
to DCC 18.04 and 18.113 to update the ratio between residential units and overnight lodging
units from 2:1 to 2 ½:1 is consistent with ORS 197.445, Goal 8, all other applicable Statewide
Planning Goals and the Deschutes County Comprehensive Plan.