HomeMy WebLinkAboutOrdnc 016 - Overnight Lodging ReqmtsDeschutes 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 September 15, 2014
Please see directions for completing this document on the next page.
DATE: August 25, 2014
FROM: Will Groves Community Development Department 388-6518
TITLE OF AGENDA ITEM:
A de novo public hearing on and consideration of First Reading by Title Only of:
Ordinance 2014-016 Amending Deschutes County Code 19.04.040 and 19.106, Reducing Destination
Resorts Overnight Lodging Unit Availability Requirements.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
Tetherow Vacation Homes, LLC applied for a text amendment to Deschutes County Code ("DCC")
19.04.040, Definitions and 19.106, Destination Resorts, to reduce the number of weeks individually
owned overnight units must be available to the public from 45 to 38 weeks. Before 2003,
Destination Resorts were required by state law to make individually owned overnight lodging units
available for public rental 45 weeks per year. The text amendment would allow individually owned
overnight units to be available as few as 38 weeks, as allowed under ORS 197.445(b) and Goal 8
since 2009. This amendment only applies to Title 19 resorts (Tetherow) in the Bend Urban Area.
A public hearing was held on July 10,2014, before the Deschutes County Planning Commission
and, on July 10, 2014, the Planning Commission recommended approval of the text amendment.
The Planning Commission, in response to applicant testimony, expressed concern regarding
potential unintended consequences to the ongoing requirement that individually owned overnight
units be designated on the subdivision plat.
Following the public hearing, Staff worked with the applicant and County Legal Counsel to
determine that a Conditions of Approval Agreement (CoAA) to be recorded per lot at the time of
the recording of the subdivision plat would provide much higher visibility to buyers, realtors, and
title companies.
Staff notes that the version of the definition of "Overnight Lodgings" presented to the Planning
Commission (PC) mistakenly had included "one or more", which is not part ofORS 197.435(5)(b).
Both the PC version and a revised version that deletes "one or more" from this definition are
presented to the Board .
The Deschutes County Board of Commissioners (Board) will hold a public hearing on September
15,2014 at the Deschutes Services Center, starting at 10:00 a.m. The Board will consider text
amendment TA-14-1. The purpose ofthis de novo public hearing is to receive public testimony,
consider the proposed amendment, and ultimately make a decision.
Because the text amendment is a legislative matter, the proposal is not subject to the ISO-day period
for issuance ofa final local land use decision under ORS 215.427.
Should the Board approve the ordinances, staff recommends that the Board approve the first reading
by title only of this ordinance. Second reading will be no earlier than 13 days later with the
effective date 90 days after that.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board open the public hearing, receive testimony, discuss, and direct staff to
write the findings for the ordinance and bring the ordinance back for the first reading.
ATTENDANCE: Will Groves
DISTRIBUTION OF DOCUMENTS:
No distribution until after 2nd reading.
/II
REVIEWED
L~UNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCI-ruTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
Section 19 .04 .040 and Chapter 19. I 06, Reducing * ORDINANCE NO. 2014-016
Destination Resorts Overnight Lodging Unit *
Availability Requirements. *
WHEREAS, Tetherow Vacation Homes, LLC applied for a text amendment to Deschutes County Code
("DCC") 19.04.040, Definitions and 19.106, Destination Resorts, to reduce the number of weeks individually
owned overnight units must be available to the public from 45 to 38 weeks; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on July
10, 2014, 2014, before the Deschutes County Planning Commission and, on July 10, 2014, the Planning
Commission recommended approval of the text amendment; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on September \5, 2014, 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 I. AMENDMENT. DCC 19.04 .040, 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 Chapter 19 . I 06, Destination Resorts, 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.
PAGE 1 OF 2 -ORDINANCE NO. 2014-016
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit "COO,
attached and incorporated by reference herein.
Dated this ___of _____,' 2014 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
TONY DeBONE , Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 151 Reading: day of _____,' 2014.
Date of 2 nd Reading: __day of _____, 2014.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Alan Unger
Tammy Baney
Tony DeBone
Effective date: __day _____, 2014.
PAGE 2 OF 2 -ORDINAKCE NO. 2014-016
**** Denotes text not amended by Ordinance 2014-016
19.04.040. Definitions.
****
"Destination resort" means a self-contained development that provides for visitor-oriented accommodations
and developed recreational facilities in a setting with high natural amenities. To quality as a "large
destination resort" under Goal 8, a proposed development must meet the following standards:
A. The resort is located on a site of 160 or more acres;
B. At least 50 percent of the site is dedicated to permanent open space, excluding yards, streets, and
parking areas;
C. A least $7 million (in 1993 dollars) shall be spent on improvements for on-site developed recreational
facilities and visitor-oriented accommooations exclusive of costs for land, sewer and water facilities and
roads. Not less than one-third of this amount shall be spent on developed recreational facilities, and;
D. Visitor-oriented accommodations are provided, including meeting rooms, restaurants with seating for
100 persons and 150 separate rentable units for overnight lodgings. Accommooations available for
residential use shall not exceed two and one-half such units for each unit of overnight lodging.
However, the overnight lodging units may be phased in as follows:
I. A total of 150 units of visitor-oriented overnight lodging shall be provided as follows:
a. At least 50 units of ovemight lodging must be constructed prior to the closure of sale of
individual lots or units7S uBits of overnight lodging, not iReluaiflg aR~' indi'liaually o\'ffled
homes. lots er I:mits shall be constructed or gl:laraAteed through surety baRding or equivalel'lt
financial asSl:IrW1Ce prior to the closl:Ire of sale ofiRdividl-lallots or units, and;
b. At least 50 of the remaining 100 required overnight lodging units must be constructed or
guaranteed through surety bonding or equivalent financial assurance within tive years of the
initial lot sales.The femaiAaer of the overnight 10dgiHg units shall be provided as individHally
owned lots or units subject to deed restrictions that limit their ~ge to overnight loagiAg units.
The aeee restrictioAs Iflay be resciflded when the resort has constructed 150 Hnits of ~efffi!lReAt
o'/ernight lodgiAg as FeEjl:lired by DCC 19.04.040.
c. The remaining required overnight lodging units must be constructed or guaranteed through
surety bonding or equivalent financial assurances within 10 vears of the initial lot sales.
2. The number of units approved for residential sale within the resort shall be not more than two and
one-half units for each unit of permanent overnight lodging .constructed or financially assured, and;
J. The aEwelopment appro't'al shall flrovide fur the construction of otl'ler reEjuirue overnight lodging
UAils within five years oftha initial lot sales.
3. 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 foul' years of the date of execution of the surety
bond or other equivalent financial assurance.
E. Commercial uses allowed are limited to those types and levels necessary to meet the needs of visitors to
the development. Industrial uses of any kind are not permitted.
****
"Overnight lodgings" with respect to destination resorts, means permanent, separately rentable
accommooations 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 ~~weeks per calendar year through a
central reservation ana cheek iA servieesystem operated by the destination resort or by a real estate propeltv
----------Palze 1 ofl -EXHIBIT A TO ORDINANCE 2014-016---------
0.0(,,(, V v(l S1.0W
manager. as defined in ORS 696.010. Tent sites, recreational vehicle parks, mobile homes, dormitory
rooms and similar accommodations do not qualify as overnight lodging for the purpose of this definition.
****
(Ord. 2014-016 §L ~j)14..;..,Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017
§1, 1996; Ord. 96-071 §ID, 1996; Ord. 95-045 §15, 1995; Ord. 94-027 §§1 & 2, 1994; Ord. 92-043 §1,
1992; Ord. 91-029 §§l, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90..007 §1,
1990; Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86-033 §1, 1983; Ord. 86
032 §1, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 §1
Exhibit A, 1980)
~---------t'a!!e 1 of 1 -EXHIBIT A TO ORDINANCE 2014-016--------
* * * * Denotes text not amended by Ordinance 2014·016
19.04.040. Definitions.
****
"Destination resort" means 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 "large
destination resort" under Goal 8, a proposed development must meet the following standards:
A. The resort is located on a site of 160 or more acres;
B. At least 50 percent of the site is dedicated to permanent open space, excluding yards, streets, and
parking areas;
C. A least $7 million (in 1993 dollars) shall be spent on improvements for on·site developed recreational
facilities and visitor-oriented accommodations exclusive of costs for land, sewer and water facilities and
roads. Not less than one-third of this amount shall be spent on developed recreational facilities, and;
D. Visitor.ariented accommodations are provided, including meeting rooms, restaurants with seating for
100 persons and 150 separate rentable units for overnight lodgings. Accommodations available for
residential use shall not exceed two and one·half such units for each unit of overnight lodging.
However, the overnight lodging units may be phased in as follows:
I. A total of 150 units ofvisitor-oriented overnight lodging shall be provided as follows:
a. At least 50 units of overnight lodging must be constructed prior to the closure of sale of
individual lots or ullits75 uuits of overnight lodging, flot iaclHdiag afly iflsividually o't'lfles
IWllles. lots or tmits shall be eonstmeted or gl:laFafltood through sl:lrety bonding or eql:lh'aleflt
finanoial assl:lfafloe prior to the elosare of sale of iadi'<'idl:lallots or units, and;
b. At least 50 of the remaining 100 required overnight lodging units must be constmcted or
guaranteed through surety bonding or eguivalent financial assurance within five years of the
initial lot sales.The remaiflder of t11e oyemight lodgiflg tlflits shall be p!'eviaea as inai'/isl:li:1:lly
owned lots or Hnits sHbjeet to deed restrictiofls that limit their ase to ov-emight lodgiflg I:IRits.
The dees restrietiofls l1'la~' be reseiflded 'lIken the resort has eonstfl-lsted J 50 I:Inits of permaflent
o'lernight loagiAg as reql:lired by DGG 19.04.040.
c. 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.
2. The number of units approved for residential sale within the resort shall be not more than two and
one-half units for each unit of permanent overnight lodging .constructed or financially assured, and;
3. The de'lelopl1'lent appro'/al shall pl'O'\'ide tor the eOAstruction of other required overnight lodging
\;/.flits within fh'e yeafS onlle initial lot sales.
1.J. 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 eguivalent financial assurance,
E. Commercial uses allowed are limited to those types and levels necessary to meet the needs of visitors to
the development. Industrial uses of any kind are not permitted.
****
"Overnight lodgings" with respect to destination resorts, means permanent, separately rentable
accommodations that are not available for residential use. Overnight lodgings include hotel or motel rooms,
cabins and time-share units. Individually-owned units may be considered overnight lodgings if they are
available for overnight rental use by the general public for at least 4$-38 weeks per calendar year through a
one or more central reservation aAd cheek ia servieesystem operated by the destination resort or by a real
Page 1 of I -EXHIBIT A TO ORDINANCE 2014-016
PC Vr:.aStoJ.J
estate property manager, as defined in ORS 696.0 J O. Tent sites, recreational vehicle parks, mobile homes,
dormitory rooms and similar accommodations do not qualifY as overnight lodging for the purpose of this
definition.
****
(Ord. 2014-016 §1. 2014; Ord. 2013-013 §l; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017
§1, 1996; Ord. 96-071 §ID, 1996; Ord. 95-045 §15, 1995; Ord. 94-027 §§l & 2, 1994; Ord. 92-043 §1,
1992; Ord. 91-029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90-007 §1,
1990; Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86-033 §1, 1983; Ord. 86
032 §J, 1986; Ord. 86-017 §l Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 §1
Exh ibit A, 1980)
---------Page 1 of 1 -EXHIBIT A TO ORDINANCE 2014-0 16r---------
Chapter 19.106. DESTINATION RESORTS
19.106.010. Purpose.
19.106.020. Applicability.
19.106.030. Uses in Destination Resorts.
19.106.040. Application Submission.
19.106.050. Requirements for Conditional Use Permit and Conceptual Master Plan Applications.
19.106.060. Standards for Destination Resorts.
19.106.070. Approval Criteria.
19.106.075. Imposition of Conditions.
19.106.080. Procedure for Modification of a Conceptual Master Plan.
19.106.090. Requirements for Final Master Plan.
19.106.100. Procedure for Approval of Final Master Plan.
19.106.110. Provision of Streets. Utilities, Developed Recreational Facilities and Visitor-Oriented
Accommodations.
19.106.120. Conservation Easement to Protect Resource Site.
19.106.010. Purpose.
A. The purpose ofDCC 19.106 to establish an approval process for siting destination resorts under LCDC
Goal 8 and the Bend Urban Area General Plan on lands identified in the Bend Urban Area General Plan
map as eligible for destination resort siting.
B. DCC 19.106 provides for properly designed and sited destination resort facilities which enhance and
diversify the recreational opportunities and the economy of the Bend area and Deschutes County. It will
ensure resort development that compliments the natural and cultural attractiveness of the Bend area and
its surroundings and enhances its economic base without significant adverse effect on commercial
farming and forestry, environmental and natural features, cultural and historic resources and their
settings and other significant resources.
C. It is the intent of DCC 19.106 to establish procedures and standards for developing destination resorts
while ensuring that all applicable Bend Urban Area General Plan policies are achieved.
D. It is the intent of DCC 19.106 to ensure that all elements of a destination resort which are proposed are
financially secured in a manner which will protect the public's interest should the development not be
completed as proposed.
E. It is not the intent of DCC 19.106 to site developments that are in effect rural subdivisions whose
primary purpose is to serve full-time residents of the area.
(Ord. 99-001 §I, 1999)
19.106.020. Applicability.
A. The provisions of DCC 19.106 shall apply to proposals for the development of destination resorts, as
defined in areas designated by the Bend Area General Plan destination resort map. The provisions of
DCC 19. J 06 shall not apply to any development proposal for resort siting in an area designated in the
Bend Area General Plan.
B. When these provisions are applicable, they shall supersede all other provisions of the underlying zone.
Other provisions of the zoning ordinance made applicable by specific map designations such as the FP
otherwise applicable under the terms of the zoning ordinance text shall remain in full force and effect,
unless otherwise specified herein.
C. The provisions of DCC 19.106 shall also apply to destination resorts sited through the Goal 2 exception
process.
(Ord. 99-001 §1, 1999)
Page 1 of 13 -EXHIBIT B TO ORDINANCE 2014-016
19.106.030. Uses in Destination Resorts.
The following uses are allowed, provided they are part of and are intended to serve persons at the
destination resort pursuant to DCC 19.106.030 and are approved in a final master plan:
A. Visitor-oriented accommodations designed to provide for the needs of visitors to the resort:
1. Overnight lodging, including lodges, hotels, motels, bed and breakfast facilities, time share units
and similar transient lodging facilities;
2. Convention and conference facilities and meeting rooms;
3. Retreat centers;
4. Restaurants, lounges and similar eating and drinking establishments; or
5. Other similar visitor-oriented accommodations consistent with the purposes of DCC 19.106 and
Goal 8.
B. Developed recreational facilities designed to provide for the needs of visitors and residents of the resort
including:
1. Golf courses and clubhouses;
2. Indoor and outdoor swimming pools;
3. Indoor and outdoor tennis courts;
4. Physical fitness facilities;
5. Equestrian facilities;
6. Wildlife observation shelters;
7. Walkways, bike paths,jogging paths, equestrian trails; or
8. Other similar recreational facilities consistent with the purposes ofDCC 19.106 and Goal 8.
C. Residential accommodations:
1. Single-family dwellings;
2. Duplexes, triplexes, fourplexes and multi-family dwellings;
3. Condominiums;
4. Townhouses;
5. Living quarters for employees; or
6. Time share projects.
D. Commercial services and specialty shops designed to provide for the visitors to the resort:
I. Specialty shops including, but not limited to delis, clothing stores, book stores, gift shops and
specialty food shops;
2. Barber shops and beauty salons;
3, Automobile service stations limited to fuel sales, incidental parts sales and minor repairs;
4. Craft and art studios and galleries;
5. Real estate offices;
6. Convenience stores; or
7. Other similar commercial services which provide for the needs of resort visitors and are consistent
with the purposes ofDCC 19.106 and Goal 8.
E. Uses permitted in open space areas generally include only those uses that, except as specified herein, do
not alter the existing or natural landscape of the proposed open space areas. No improvements,
development or other alteration of the natural or existing landscape shall be allowed in open space areas,
except as necessary for development of golf course fairways and greens, hiking and bike trails, lakes
and ponds and primitive picnic facilities including park benches and picnic tables. Where farming
activities would be consistent with identified pre-existing open space uses, irrigation equipment and
associated pumping facilities shall be allowed.
F. Facilities necessary for public safety and utility service within the destination resort.
G. Other similar uses permitted in the underlying zone consistent with the purposes ofDCC 19.106.020.
H. Accessory uses in destination resorts:
I. The following accessory uses shall be permitted provided they are ancillary to the destination resort
and consistent with the purposes ofDCC 19.106 and Goal 8:
a. Transportation-related facilities excluding airports;
b. Emergency medical facilities;
Page 2 of 13 -EXHIBIT B TO ORDINANCE 2014·016
c. Storage structures and areas;
d. Kennels as a service for resort visitors only;
e. Recycling and garbage collection facilities; or
f. Other similar accessory uses are consistent with the purposes ofDCC 19.106 and Goal 8.
(Ord. 99-001 §I, 1999)
19.106.040. Application Submission.
The authorization ofa perm it for a destination resort shall consist of three steps.
A. Conceptual master plan and conditional use permit for destination resort. A conceptual master plan
(CMP) shall be submitted which addresses all requirements established in DeC 19.106.040. The CMP
application shall be processed as if it were a conditional use permit under DeC Title 22 and DeC
19.100, and shall be reviewed for compliance with the standards and criteria set forth in DeC 19.106.
B. Final master plan. The applicant shall prepare a final master plan (FMP) which incorporates all
requirements of the County approval for the CMP. The Planning Director shall review the FMP to
determine if it complies with the approved CMP and all conditions of approval of the conditional use
permit. The Planning Director shall have the authority to approve, deny or return the FMP to the
applicant for additional information. When interpretations of the Planning Director involve issues
which are discretionary, the FMP approval shall be treated as a land use permit in accordance with DeC
Title 22.
C. Site plan review. Each element or development phase of the destination resort must receive additional
site plan review and approval pursuant to DCC 19.76 or subdivision review and approval pursuant to
DeC Title 17. In addition to findings satisfying the site plan or subdivision criteria, findings shall be
made that the specific development proposal complies with the standards and criteria of DeC 19.106
and the FMP.
(Ord. 99-001 §1, 1999)
19.106.050. Requirements for Conditional Use Permit and Conceptual Master Plan Applications.
The CMP provides the framework for development of the destination resort and is intended to ensure that
the destination resort meets the requirements of DeC 19.106. The CMP application shall include the
following information:
A. Illustrations and graphics to scale, identifying:
I. 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. 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;
10. All proposed recreational amenities;
II. Proposed overall density.
B. Further information as follows:
1. A description of the natural characteristics ofthe 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
Page 3 of 13 -EXHIBIT B TO ORDINANCE 2014-016
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. Wildlife.
2. A traffic study which addresses (a) impacts on affected county, city and state road systems; and (b)
transportation improvements necessary to mitigate any such impacts. The study shall be submitted
to the affected road authority 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
19.106.060 and 19.106.070.
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
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 ofDCC
19.106 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. Unless the destination resort is proposing to utilize municipal water, the application shall include a
study prepared by a hydrologist, engineering geologist or similar professional certified in the State
of Oregon describing:
Page 4 of 13 -EXHIBIT B TO ORDINANCE 2014-016
a. An estimate of water demands (other than municipal water) 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 (other than municipal 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 waste water disposal plan
utilizing beneficial use of reclaimed water to the maximum extent practicable unless the
destination resort proposes to utilize city sewer services.
For the purposes of DCC 19.106.050, beneficial uses shall include, but are not limited to:
i. Irrigation of golf courses and greenways;
ii. Establishment of artificial wetlands for wildlife habitation.
d. A water service agreement with the city of Bend, if municipal water is proposed for the
destination resort.
12. An erosion control plan for all disturbed land, as required by ORS Chapter 468B. This plan shall
include storm and melt water erosion control to be implemented during all phases of construction
and permanent facilities or practices for the continuing treatment of these waters. This plan shall
also explain how the water shall be used for beneficial use or why it cannot be used as such;
13. A description of proposed sewage disposal methods or a sewer service agreement with the city of
Bend;
14. Wildfire prevention, control and evacuation plans;
15. A description of interim development including temporary structures related to sales and
development;
16. Plans for owners' associations and related transition of responsibilities and transfer of property;
17. A description ofthe 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 deseriptioR of #Ie Sj'S~1l'I to be \!Sed for the ll'Ianagemefl:t afaR:)' individl:iftll:), a"'ffled !:mits thm will
be \;lsed for overnight lodgiflg aRa he'.... it '.viii be ilupleHI:eflted, ineludisg proposed feRtal eoatraet
pro't'isiolls to assure #lat sR:)' iRaividuall:), o't¥flea loEiging faeilities will be a>,'ailable for overnight
rental use by the geHeral pl:lblie fOr at least 45 vieeks per ealeAE:iar year through a eefltral reser'l'atioA
aRd cheek is service; Ratio Compliance
a. A description of the mechanism to be used to ensure that the destination resort provides an
adequate supplv of overnight lodging units to maintain compliance with the 1 50-unit minimum
and the 2.5: I ratio set forth in DCC 19.106.060(D)(2) .
.9: The mechanism shall meet the requirements ofDCC 19.106,060(J);
22, A survey of historic and cultural resources inventoried on an acknowledged GoalS inventory;
23. Other information as may reasonably be required by the Planning Director to address the effect of
the proposed development as related to the requirements of this ordinance.
Page 5 of 13 -EXHIBIT B TO ORDINANCE 2014-016
(Ord. 2014-016 §2, 2014; Ord. 99-001 §I, 1999)
19.106.060. Standards for Destination Resorts.
The following standards shall govern consideration ofdestination resorts:
A The destination resort shall, in the first phase, provide for and include as part of the eMP the following
minimum requirements:
1. At least 150 separate rentable units for visitor-oriented lodging;
a. The first 50 overnight lodging units mllst 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:
1. At least 50 of the remaining 100 required overnight lodging units shall be constructed or
guaranteed thl'Ough surety bonding or eq uivaient tlnancial assurance within 5 vears of the
closure of sale of individual lots or units, and;
II. The remaining 50 required ovemight 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 19. 106.060(A) (1)(b) through surety bonding or other equivalent tinancial
assurance, the overnight lodging units must be constructed within 4 years of the date of
execution ofthe surety bond or other equivalent financial assurance.
iv. The 2.5:1 accommodation ratio required by Dee 19.106.060(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 ullits 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
§eating 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).
~. At least $ 2.333,333 of the $7.000,000 (in 1993 dollars) total minimum investment required bv
Dee 19.106.060 (A)(3) shall be spent on developed recreational facilities.
At least $7 million shall be sJlent on impro,>'emeAts fer on site aeveloped reereatioAal faeilities aHd
visiter orieAted aeeomfHodatioHS exelusive of costs for land, sewer aRd water facilities aIld roads.
Not less thaIl one third of this amouRt shall be spent on develoJled reereatioRai facilities. The
spending minif'fH:Ims fll'9YiEie6 for are sfaEe6 in 1993 dollars; and
4~. The facilities and accommodations required by this Dee 19.106.060 must be physically provided
or financially assured pursuant to Dee 19.106.11 0 prior to closure of sales, rental or lease of any
residential dwellings or lots.
B. All destination resorts shall have a minimum of 160 contiguous acres ofland. Acreage split by public
roads or rivers or streams shall count toward the acreage limit, provided that the eMP demonstrates that
the isolated acreage will be operated or managed in a manner that will be integral to the remainder of
the resort
e. All destination resorts shall have direct access onto a state, county, or city arterial or collector roadway,
as designated by the Bend Urban Area General Plan.
D. A destination resort shall, cumulatively and for each phase, meet the following minimum requirements:
1. The resort shall have a minimum of 50 percent of the total acreage ofthe 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
Page 6 of 13 -EXHIBIT B TO ORDINANCE 2014-016
accommodations or multi-family or commercial uses established by DCC 19.76.080 shall not be
considered open space; and
2. Individually-owned residential units that do not meet the definition of overnight lodging in DCC
19.04.040 shall not exceed two and one-half such units for each unit of visitor-oriented overnight
lodging constructed or financially assured within the resort.
1 Jndividually-owned units shall be considered visitor-oriented lodging if they are available for
overnight rental use by the general public for at least #-J.l.weeks per calendar year through!!..eHe
or more central reservation aRd eheek iR service(s). svstem operated by the destination resort or by
a real estate property manager, as defined in ORS 696.0 I O.
a. ~. The residential unit to overnight lodging unit-ratio applies to destination res0l1s which
were previously approved under a different standard.
E. Phasing. A destination resort authorized pursuant to DCC 19.106.060 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 19.106 and Goal 8;
2. The first phase and each subsequent phase of the destination resort shall cumulatively meet the
minimum requirements ofDCC 19.106.060 and DCC 19.76.070, and;
3. Each phase may include two or more distinct non-contiguous areas within the destination resort.
F. Dimensional standards:
1. The minimum lot area, width, lot coverage, frontage and yard requirements and building heights
otherwise applying to structures in underlying zones and the provisions of DCC 19.88.210 relating
to solar access shall not apply within a destination resort.
_-"a:!...._These standards shall be determined by the Planning Director or Hearings Body at the time of
theCMP.
_--"b:.=-._In determining these standards. the Planning Director or Hearings Body shall find that the
minimum specified in the CMP are-is adequate to satisty the intent of the Bend Urban Area General
Plan relating to solar access, fire protection, vehicle access. and to protect resources identified by
LCDC GoalS which are identified in the Bend Urban Area General Plan.
a minimum, a 100 foot setback shall be maintained from all streams and rivers. No lot for a
single-family residence shall exceed an overall project average of 22,000 square feet in size.
2. Exterior setbacks and buffers.
a. A destination resort shall provide for the 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. Exterior setbacks shall also be provided to ensure that improvements and activities are located
to minimize adverse effects of the resort on uses on surrounding lands.
G. Floodplain requirements. The Flood Plain Zone (FP) requirements of DCC 19.72 shall apply to all
developed portions of a destination resort in an FP Zone in addition to any applicable criteria of DCC
19.106. Except for flood plain areas which have been granted an exception to LCDC goals 3 and 4,
Flood Plain 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. Open space requirements.
A conservation easement as described in DCC Title 19 shall be conveyed to the County for all areas
within a flood plain which are part of a destination resort.
H. 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 ofDCC Title 19.
I. Time share units not included in the overnight lodging calculations shall be subject to approval under
the conditional use criteria set forth in DCC 19.100. 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
ofDCC 19.100.
Page 7 of 13 -EXHIBIT B TO ORDINANCE 2014-016
J. The overnight lodging criteria shall be met, including the 150-unit minimum and the 2-112 to I ratio set
fOl1h in DCC 19.106.060(0)(2).
I. Failure of the approved destination resort to comply with the requirements in DCC 19.106.060(J)(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 pennits associated with anv
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 pemetuity, a list 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 DCe 19.1 06.060U)(2) through (6).
c. Initiallv, the resol1 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. Resol1 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 I, documenting all of the following as of December 31 of the
previous vear:
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 manv 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 DeC 19.106:
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 infonnation on any
required overnight lodging units they represent to the person or entity responsible for maintaining
the registry described in DCC 19.106.060(J)(2).
6. Before approval of each tlnal plat, all the following shall be provided:
a. Documentation demonstrating compliance with the 2-112 to 1 ratio as defined in DCC
19.106.060(0)(2);
b. Documentation on all individually-owned residential units counted as overnight lodging,
including all of the following:
I. Deed restrictions, that may be in the form of, bllt is not limited to, conditions of approval
agreements, requiring the individually-owned residential units designated as overnight
Page 8 of 13 -EXHIBIT B TO ORDINANCE 2014-016
lodging units to be available for rental at least 38 weeks each year through a central
reservation service operated by the resort or bv a real estate property manager. as defined in
ORS 696.010;
a. A modification of approval application approval shall be required to remove the
overnight lodging unit designation.
b. The modification of approval application approval must be obtained prior to County
releasing any deed restrictions requiring minimum rental availability for an
individually-owned residential unit counted as overnight lodging.
ii. An ilTevocable 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 service
operated bv the resort or by a real estate property manager, as defined in ORS 696.0 I 0;
111. A provision in the resort CC&R's that all property owners within the resort recognize that
failure to meet the conditions in DCC 19.106.060(J)(6)(b)(ii) is a violation of Deschutes
County Code and subject to code enforcement proceedings by the County;
IV. Inclusion of language in any rental management contract between the owner of an
individually-owned residential unit designated as an overnight lodging unit and any central
reservation service or real estate property manager requiring that such unit be available for
rental at least 38 weeks each year through a central reservation service operated by the
resort or by a real estate property manager. as defined in ORS 696.0 I 0, and that failure to
meet the conditions in DeC 19.106.060(J)(6Xb)(iv) is a violation of Deschutes County
Code and subject to code enforcement proceedings by the County.
(Ord. 2014-016. §2. 2014: Ord. 2013-003 §I; Ord. 99-001 §l, 1999)
19.106.070. Approval Criteria.
In order to approve a destination resort, the Planning Director or Hearings Body shall find from substantial
evidence in the record that:
A. The subject proposal is a destination resort as defined in DCC 19.04.040.
B. All standards established by nec 19.1 06.060 are or will be met.
C. The economic analysis demonstrates that:
1. The necessary financial resources are available for the applicant to undertake the development
consistent with the minimum investment requirements established by DCC 19.106;
2. Appropriate assurance has been submitted by lending institutions or other financial entities that the
developer has or can reasonably obtain adequate financial support for the proposal once approved;
3. The destination resort will provide a substantial financial contribution which positively benefits the
local economy throughout the life of the entire project, considering changes in employment,
demands for new or increased levels of public service, housing for employees and the effects ofloss
of resource land, and;
4. The natural amenities of the site considered together with the identified developed recreation
facilities to be provided with the resort will constitute a primary attraction to visitors, based on the
economic feasibility analysis.
D. The destination resort incorporates design components, setbacks, and buffers to protect designated
wildlife areas.
E. Important natural features, including but not limited to, significant wetlands, riparian habitat and
landscape management corridors wiII be maintained. Riparian vegetation within 100 feet of streams,
rivers and significant wetlands will be maintained. Alterations to important natural features, including
placement of structures, is allowed so long as the overall values of the feature are maintained.
F. The development will not force a significant change in accepted farm or forest practices or significantly
increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.
Page 9 of 13 -EXHIBIT B TO ORDINANCE 2014-016
G. Destination resort developments that significantly affect a transportation facility shall assure that the
development is consistent with the identified function, capacity and level of service of the facility. This
shall be accomplished by either:
I. Limiting the development to be consistent with the planned function, capacity and level of service
of the transportation facility;
2. Providing transportation facilities adequate to support the proposed development consistent with
OAR Chapter 660, Division 12; or
3. Altering land use densities, design requirements or using other methods to reduce demand for
automobile travel and to meet travel needs through other modes.
A destination resort significantly affects a transportation facility if it would result in levels of travel
or access that are inconsistent with the functional classification of a facility or would reduce the
level of service of the facility below the minimum acceptable level identified in the relevant
transportation system plan.
a. Where the option of providing transportation facilities is chosen, the applicant shall be required
to improve impacted roads to the fuJ I standards of the affected authority as a condition of
approval. Timing of such improvements shall be based upon the timing of the impacts created
by the development as determined by the traffic study or the recommendations of the affected
road authority.
b. Access within the project shall be adequate to serve the project in a safe and efficient manner
for each phase ofthe project.
H. The development will not create the potential for natural hazards identified in the Bend Urban Area
General Plan. No structure will be located on slopes exceeding 25 percent. A wildfire management
plan will be implemented to ensure that wildfire hazards are minimized to the greatest extent practical
and allow for safe evacuation.
I. Adequate public safety protection will be available through existing fire districts or will be provided on
site according to the specification of the state fire marshal. If the resort is located outside of an existing
fire district, the developer will provide for staffed structural fire protection services or contract with or
annex to the existing district. Adequate public facilities to provide for necessary safety services such as
police and fire will be available to serve the proposed development.
J. Streams and drainage. Unless otherwise agreed to in writing by the adjoining property owner(s),
existing natural drainages on the site will not be changed in any manner which interferes with drainage
patterns on acljoining property. All surface water drainage changes created by the development will be
contained on-site in a manner which meets all standards of the Oregon State Department of
Environmental Quality (DEQ). The erosion control plan for the subject development will meet all
standards ofORS Chapter 468B.
K. Adequate water will be available for all proposed uses at the destination resort, based upon the water
study, a water service agreement with the city of Bend or a proposed water conservation plan as
required by DeC 19.106.050. Water use will not reduce the availability of water in the water impact
areas identified in the water study considering existing uses and potential development previously
approved in the affected area. Water sources identified in the water plan shall not include any perched
water table. Water shall only be taken from the regional aquifer. Where a perched water table is
pierced to access the regional aquifer, the well must be sealed offfrom the perched water table.
L. Unless a sewer service agreement exists, the waste water disposal plan includes beneficial use to the
maximum extent practicable. Approval of the CMP shall be conditioned on applicant's making
application to DEQ for a Water Pollution Control Facility (WPCF) permit consistent with such an
approved waste water disposal plan. Approval shall also be conditioned upon applicant's compliance
with applicable Oregon Administrative Rules regarding beneficial use of waste water, as determined by
DEQ. Applicant shall receive approval of a WPCF permit consistent with this provision prior to
applying for approval for its final master plan under DCC 19.106.
M. The resort will mitigate any demands it creates on publicly owned recreational facilities on public lands
in the surrounding area.
Page 10 of 13 -EXHIBIT B TO ORDINANCE 2014-016
N. Site improvements will be located and designed to avoid or minimize adverse effects of the resort on the
surrounding land uses. Measures to accomplish this may include establishment and maintenance of
buffers between the resort and adjacent land uses, including natural vegetation and appropriate fences,
berms, landscaped areas and similar types of buffers, and setback of structures and other developments
from adjacent land uses.
O. The resort will be served by an on-site sewage system approved by DEQ and a water system approved
by the Oregon State Health Division, or by municipal sewer and water as allowed by the Bend Urban
Area General Plan.
P. The destination resort will not alter the character of the surrounding area in a manner that substantially
limits, impairs or prevents permitted or conditional uses of surrounding properties.
Q. The commercial uses developed as part of the resort will be contained within the project and not
oriented to public highways adjacent to the property. The commercial uses permitted in the destination
resort will be limited in type and levels of use necessary to meet the needs of resort visitors. A
commercial use is necessary to serve the needs of visitors if:
I. Its primary purpose is to provide goods or services that are typically provided to overnight or other
short-term visitors to resorts, or the use is necessary for operation, maintenance or promotion of the
destination resort; and
2. The use is oriented to the resort and is located away from or screened from highways or other major
through roadways.
R. A plan exists to ensure a transfer of common areas, facilities such as sewer, water, streets and
responsibility for police and fire protection to owners' associations or similar groups if contemplated. If
such transfer is not contemplated, the owner or responsible party shall be clearly designated. Adequate
open space, facility maintenance and police and fire protection shall be ensured in perpetuity in a
manner acceptable to the County.
S. Temporary structures will not be allowed unless approved as part of the CMP. Temporary structures
will not be allowed for more than 18 months and will be subject to all use and site plan standards of
DCC Title 19.
T. The open space management plan is sufficient to protect in perpetuity identified open space values.
_U. A mechanism to ensure that individually o',.,'ned units counting to',.,.ard the oyernight lodging total
remaiB ayailable for rent for at least 45 'Neeks per caleAdar year through a central reservatioB and check
in serviee. SHeh a mechanism shall include all of the fullowing:
I. Designation on the fllat of ...,'hich indi ...id1:1ally oVined units are to ee considered to be overnight
lodging as Hsed in Dee 19.106;
2. Deed restrictions limiting Hse of SHeil identified premises to overnight lodging flHrposes Hilder Dee
19.1 06 for at least 45 'Neeks each year;
3. Incll:lsion in the CC&R's of an irre ...ocable prevision enforceaele ey the Coun!)' limitiflg use of sHch
identified lmils to overnight lodging pl:lFfloses I:Illder DCC 19.106 for at least 45 •....eeks each year;
4. inelHsion of langaage ifl an)' rental contFact eetween the owner of the l:lAit and an)' central
resel""ation and check in service re,,!uiring that sHch Hnits ee made 8Nailable as overnight lodging
facilities linder DCC 19.106 for at least 45 weel,s each year; and
5. A rcquirenlent that each sHch Hnit ee registered and a report ee filed OR each such unit yearl)' bj' the
ovmer or central booking agent on Janl:laF)' 1 with the Pla.-Jiing Divisi08 as to the followi8g
infurmation:
a. \lJho the owner or OViners have beef! o't'er the last year;
b. 11m'+' many nights out of the year the uflit was available for rent through the central reservation
8:fld check in service; and
c. How many nights out of the year the unit was rented Ol:lt as an oyernight lodging facility under
Dec 19.106.
(Orcl. 2014-016, &2, 20.14: Ord. 99-001 §1 1999)
****
Page 11 of 13 -EXHIBIT B TO ORDINANCE 2014-016
19.106.090. Requirements for Final MasterPlan.
It shall be the responsibility of the applicant to provide a Final Master Plan (FMP) which includes text and
graphics explaining and illustrating:
A. The use, location, size and design of all important natural features, open space, buffer areas and
common areas;
B. The use and general location of all buildings, other than residential dwellings and the proposed density
of residential development by location;
C. Preliminary location of ail sewer, water, storm drainage and other utility facilities and materials, and
specifications and installation methods for water and wastewater systems;
D. Location and widths of all roads, streets, parking, pedestrian ways, equestrian trails and bike paths;
E. Methods to be employed to buffer and mitigate potential adverse impacts on adjacent resource uses and
property;
F, Building elevations of visitor-oriented accommodations, recreational facilities and commercial services
sufficient to demonstrate the architectural character of the proposed development;
G. A description of all commercial uses including approximate size and floor area;
H. The location of or distance to any emergency medical facilities and public safety facilities;
I. When a phase includes a residential subdivision, a general layout of the subdivision shall include the
number oflots, minimum and maximum lot sizes and approximate location of roadways.
J. A description of measures taken. with copies of deed restrictions. CC&R's and rental contracts. to
implement the requirements of DCC 19.106.060(J).A deserif;ltioR of IBeastlres taken, 'NitA eopies of
deed restrietieRs, CC&R's 81'l(i reRml eORtraets to implemeflt the measures ideatitied ia DCC 19. Hl6
assuriRg that iRdividually o\\'Hed ledging units em~sjdered to ae ovefRight 10dgiRgs for at least 'IS '....eel.s
flap eaieAdal' year th:13ugh a eeAt-r81 raservatioA aHa sheek in Sefyjee.
K. A description of measures taken, with copies of deed restrictions and a final management plan, to
implement the open space management plan required by DCC 19.106.
L. The status of all required off-site roadway improvements.
M. Methods to be employed for managing automobile traffic demand.
N. A copy of an WPCF permit issued by DEQ consistent with the requirements ofDCC 19.106.070(L).
(Ord. 2014-016. §2. 2014: Ord. 99-001 §l, 1999
19.106.100. Procedure for Approval of Final Master Plan.
A. The FMP shall be submitted in a form approved by the County Planning Director consistent with
DCC Title 22 for a development permit. The Planning Director shall review the FMP and if the Planning
Director finds that all standards of the CMP have been met, the FMP shall be approved in writing without
notice. If approval of the FMP involves the exercise of discretion, the FMP shall be treated as a land use
action and notice shall be provided in accordance with DCC Title 22.
B. If the Planning Director finds evidence in the FMP of a substantial change from the CMP, the
Planning Director shall advise the applicant to submit an application for modification or amendment of
the CMP.
(Ord99-001 §1, 1999)
19.106.110. Provision of Streets, Utilities, Developed Recreational Facilities and Visitor-
Oriented Accommodations.
A. The Planning Director or Hearings Body shall find that all streets, utilities, developed recreational
facilities and visitor-oriented accommodations required by the FMP are physically provided or are
guaranteed through surety bonding or substantial financial assurances approved by the County prior to
closure of sale of individual lots or units.
B. Financial assurance or bonding to assure completion of streets and utilities, developed
recreational facilities and visitor-oriented accommodations in the FMP shall be required pursuant to the
security requirements for site plan review and subdivision review established by the Deschutes County
Code.
(Ord.99-001 §I, 1999)
Page 12 of 13 -EXHIBIT B TO ORDINANCE 2014-016
19.106.120. Conservation Easement to Protect Resource Site.
A. If a tract to be used as a destination resort contains a resource site designated for protection in an
acknowledged comprehensive plan pursuant to open spaces, scenic and historic areas and natural resource
goals in an acknowledged comprehensive plan, that tract ofland shall preserve the resource site by
conservation easement sufficient to protect the resource values of the resource site in accordance with
ORS 271.715 to 271.795
B. A conservation easement under DCC 19.106.120 shall be recorded with the property records of
the tract on which the destination resort is sited.
(Ord. 99-001 §1, 1999)
Page 13 of 13· EXHIBIT B TO ORDINANCE 2014·016
FINDINGS OF THE BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
FILE NUMBER: TA-14-4
APPLICANT: Tetherow Vacation Homes, LLC
clo Sharon Smith
Bryant Lovlien & Jarvis, PC
591 SW Mill View Way
Bend, OR 97702
REQUEST: An Ordinance Amending Deschutes County Code Section
19.04.040 and Chapter 19.106, Reducing Destination
Resorts Overnight Lodging Unit Availability
Requirements.
STAFF CONTACT: Will Groves, Senior Planner
HEARING DATE: September 15, 2014
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
A. PROPOSAL: Tetherow Vacation Homes, LlC applied for a text amendment to
Deschutes County Code ("DCC") 19.04.040, Definitions and Chapter 19.106, Destination
Resorts, to reduce the number of weeks individually owned overnight units must be
available to the public from 45 to 38 weeks. Before 2003, Destination Resorts were
required by state law to make individually owned overnight lodging units available for
public rental 45 weeks per year. In 2013, the DCC Title 18 was amended to allow for the
fewer weeks in the areas for which destination resorts were allowed under that title. The
text amendment would allow individually owned overnight units to be available as few as
38 weeks, as allowed under ORS 197.445(b), for those areas for which destination
resorts are allowed under Title 19.
Staff notified the Oregon Department of land Conservation and Development and the
City of Bend, as required under the Joint Management Agreement. The County received
no comments from either agency.
The Deschutes County Planning Commission held a duly noticed hearing on July 10,
2014 and, on July 10, 2014, recommended that the Deschutes County Board of County
Commissioners ("Board") adopt the proposed changes. The Board held a public hearing
on September 15, 2014 to review the proposed and make a final decision.
At the public hearing. staff presented alternative language to the applicant's proposal to
amend the text to allow more than reservation system to be the mechanism by which
Page 1 of5 -EXHIBIT C to ORDINANCE 2014-016
overnight lodging units are available for rent by the general public. The staff's proposed
language mirrors DRS 197.335(5)(b); whereas, the applicant's proposed language does
not.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
1. Section 22.12.010. Hearing Required
No legislative change shall be adopted without review by the Planning
Commission and a public hearing before the Board of County
Commissioners. Public hearings before the Planning Commission shall be
set at the discretion of the Planning Director, unless otherwise required by
state law.
FINDING: The applicant meets this criterion because the Planning Commission reviewed the
proposed text amendment and a public hearing was held before the Board on September 15,
2014.
2. Section 22.12.020. Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of
general circulation in the county at least 10 days prior to each public
hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: The required notices of the September 15 Board hearing and July 10, 2014 Planning
Commission hearing were published in the Bend Bulletin newspaper on May 11, 2014 and
Sunday, August 31, 2014 respectively, and the notices described the proposal. Both publication
dates are at least 10 days prior to each public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: This criterion was met with notice posted on the bulletin board in the lobby of the
Deschutes County Community Development Department, 117 NW Lafayette, Bend.
C. Individual notice. Individual notice to property owners, as defined in DCC
22.0B.010(A), shall be provided at the discretion of the Planning Director,
except as required by ORS 215.503.
FINDING: Given the proposed amendments in question do not apply to any specific property,
no individual notices were sent. Noticed was provided to the City of Bend as required under the
Joint Management Agreement. No response was received. This criterion has been met.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
Page 2 of5 EXHIBIT C to ORDINANCE 2014-016
FINDING: Notice will be provided to the County public information official for wider media
distribution. This criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County Commissioners.
FINDING: The application was initiated by Tetherow Vacation Homes, LLC, which paid the
required fee. This criterion was met.
4. Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative
changes in this order:
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: This criterion was met. A public hearing was held on July 10, 2014, before the
Deschutes County Planning Commission and, on July 10, 2014, the Planning Commission
recommended approval of the text amendment. The Planning Commission, in response to
applicant testimony, expressed concern regarding potential unintended consequences to the
ongoing requirement that individually owned overnight units be designated on the subdivision
plat.
Following the public hearing, Staff worked with the applicant and County Legal Counsel to
determine if the goals of the plat designation of individually owned overnight units could be
better met through a different mechanism. The goals of this plat designation are:
1) Make compliance with the overnight use requirements plainly enforceable by the County.
2) Put buyers, realtors, and title companies on notice of overnight requirements.
Unfortunately, the plat designation was providing low visibility to buyers, realtors, and title
companies. In addition, if the resort ever wanted to "release" individually owned overnight units
and replace them with hotel units, the plat designation would present a significant cost, time,
and logistical barrier.
It was determined that these goals could be better met through a Conditions of Approval
Agreement (CoAA) to be recorded per lot at the time of the recording of the subdivision plat.
County Legal Counsel has advised that this would provide a clear basis to enforce against
owners who were not complying with the overnight requirements, provide much higher visibility
to buyers, realtors, and title companies, while somewhat simplifying the process for "releasing"
overnight units. Staff notes that under a CoAA, the resort would still be required to go through a
land use process that demonstrated how the overall resort overnight requirements were being
met prior to "release" of any individually owned overnight unit. The present version of the
amendment includes the CoAA language and removes the plat designation requirement. Staff
updated the Planning Commission on this revised amendment on July 14, 2014.
Additionally, after the Planning Commission recommendation of approval, it was discovered that
the recommended language still included the applicant's proposal to allow multiple reservation
systems to be the mechanism by which overnight lodging units are available for rent by the
Page 3 of5 -EXHIBIT C to ORDINANCE 2014-016
general public. County Legal Counsel advised that such language does not comply with ORS
197.435(5)(b). Therefore, staff proposed that the language be changed to mirror the statute.
The Board finds that is the prudent route to take with the language.
B. Any legislative change initiated by the Board of County Commissioners
shall be reviewed by the Planning Commission prior to action being taken
by the Board of Commissioners.
FINDING: The proposal was not initiated by the Board. Therefore, this criterion is not
applicable.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: These findings are attached to an ordinance adopting the text amendment.
Therefore, this criterion has been met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the ordinance exhibits with additional text
identified by underline and deleted text identified by strikothrough. Below are explanations of
the proposed changes.
Title 19 -Bend Urban Growth Boundary Zoning Ordinance Amendments:
Chapter 19.04. TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS
19.04.040. Definitions.
The definitions of "Destination Resort" and "Overnight Lodgings" are amended to adopt state
law. Before 2003, Destination Resorts were required by state law to make individually owned
overnight lodging units available for public rental at least 45 weeks per year. The 2003 statutory
amendments reduced that requirement to 38 weeks. In 2013, an applicant applied for and the
County adopted a text amendment to adopt that reduction for destination resorts governed by
DCC Title 18. The text amendment that is the subject of these findings would allow individually
owned overnight units to be available as few as 38 weeks, as allowed under ORS 197.445(b),
for destination resorts governed by DCC Title 19.
Staff notes that the version of the definition of "Overnight Lodgings" presented to the Planning
Commission (PC) mistakenly had included "one or more", which is not part of ORS
197.435(5)(b). Both the PC version and a revised version that deletes "one or more" from this
definition are presented to the Board
Chapter 19.106. DESTINATION RESORTS
Section 19.106.050.Requirements for Conditional Use Permit and Conceptual Master Plan
Applications.
Page 4 of5 -EXHIBIT C to ORDINANCE 2014-016
Subsection (B)(21) is amended to match a parallel section of Title 18. Some of the criteria
formerly in this section have been consolidated under the proposed DCC 19.106.060(J),
described below.
Section 19.106.060. Standards for Destination Resorts
A number of amendments are proposed to bring this section into compliance with ORS 197.435
467 (SITING OF DESTINATION RESORTS), and to match a parallel section governing
destination resorts in DCC Title 18, that had been more recently updated. Some of the criteria
pertaining to overnight lodging formerly in DCC 19.106.070 have been consolidated and
updated under the proposed DCC 19.106. 060( J).
As described above, the Planning Commission, in response to applicant testimony, expressed
concern regarding potential unintended consequences to the ongoing requirement that
individually owned overnight units be designated on the subdivision plat.
Following the public hearing, Staff worked with the applicant and County Legal Counsel to
determine that a Conditions of Approval Agreement (CoM) to be recorded per lot at the time of
the recording of the subdivision plat would provide much higher visibility to buyers, realtors, and
title companies. Staff notes that the version of the proposed Amendment before the Board
removes the plat designation requirement and replaces it with a Conditions of Approval
Agreement (CoM).
Section 19.106.070. Approval Criteria.
Subsection (U) is moved and updated under the proposed DCC 19.106.060(J), as described
above.
Section 19.106.090. Requirements for Final Master Plan.
Subsection (J) is amended to match a parallel section of Title 18. Some of the criteria formerly
in this section have been consolidated under the proposed DCC 19.106.060(J), described
above.
v. CONCLUSION:
Based on the information provided herein, The Board of County Commissioners approve of the
proposed text amendments to Deschutes County Code ("DCC") 19.04.040, Definitions and
19.106, Destination Resorts.
Page 5 of5 -EXHIBIT C to ORDINANCE 2014-016