HomeMy WebLinkAboutOrdinance 016 - Dest Resort Amendments (2)Deschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of December 3, 2012
Please see directions for completing this document on the next page.
DATE: November 19,2012.
FROM: Peter Gutowsky Community Development Department 541-385-1709
TITLE OF AGENDA ITEM:
Consideration of Second Reading by Title Only, and Adoption of Ordinance No. 2012-016 Amending
Certain Sections ofthe Deschutes County Comprehensive Plan, and Repealing Certain Sections of Title
I 23.
1 PUBLIC HEARING ON THIS DATE? No.
I
l
i
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners (BOCC) in 2010 adopted two ordinances, one establishing new
destination resort eligibility criteria in Deschutes County Code (DCC) Chapter 23.84 and the other
creating procedures for updating its destination resort maps in DCC Chapter 22.23. Both ordinances
I were appealed and then affirmed by the Land Use Board of Appeals (LUBA) and Oregon Court of
Appeals. Last November, the BOCC adopted Ordinances Nos. 2011-001 and 2011-002, to modify its
comprehensive plan and overlay zone maps to designate eligible areas for siting destination resorts. The
updated destination resort maps identify 22,002 eligible acres, reflecting an 80% reduction from the
ones originally adopted in 1992, which designated 112,448 acres. Knowing that the destination resort
map amendments to DCC Chapter 23.84 were controversial and likely to be appealed to the LUBA, the
County decided not to fold them directly into the Comprehensive Plan Update, which was adopted by
the BOCC three months earlier in August 2011. Instead, under the Comprehensive Plan Update, Section
3.9, Destination Resorts, stated:
Note -the existing destination resort comprehensive plan section is being retained.
Ordinance Nos. 2011-001 and 2011-002 were appealed to LUBA last December. On September 6,
2012, LUBA affirmed both ordinances. Since their decision concluded the appeal process, it now makes
sense to include the County's destination resort goals and policies directly into the newly formatted
Comprehensive Plan and repeal DCC Chapter 23.84. No wording is being changed.
FISCAL IMPLICATIONS:
Because no non-county applicant paid an application fee for this change, the County will bear the costs
for preparing the documents.
RECOMMENDATION & ACTION REQUESTED:
Motion: 1) Second reading by Title only of Ordinance No. 2012-016.
Adoption will have an effective date of 90 days after the ordinance is signed.
ATTENDANCE: Peter Gutowsky and Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Copy to Peter Gutowsky, CDD.
-Ii REVIEYffD (]
. !J rr4 f ~:;v
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Certain Sections of the *
Deschutes County Comprehensive Plan, and * ORDINANCE NO. 2012-016
Repealing Certain Sections of Title 23. *
WHEREAS, on August 10, 2011, the Board of County Commissioners ("Board") adopted Ordinance
2011-003 to adopt the updated Comprehensive Plan in Title 23; and
WHEREAS, Deschutes County Code ("DCC") Chapter 23.84, Destination Resorts remained as a
separate chapter in Title 23 to await a final opinion and order from the Land Use Board of Appeals ("LUBA")
on Ordinance Nos. 2011-001 and 2011-002; and
WHEREAS, on September 6, 2012, LUBA's issued a final opinion and order in Case Nos. 2011
1151116 affirming the Board's adoption of Ordinance Nos. 2011-001 and 2011-002; and
WHEREAS, the Community Development Department planning staff initiated a Comprehensive Plan
amendment in order to incorporate housekeeping changes to the updated Comprehensive Plan; and
WHEREAS, because no wording is being changed, merely moving the provisions in DCC Chapter
23.84 into the new format of the Comprehensive Plan does not require any findings regarding compliance with
the statewide planning goals, state statutes or administrative rules or regarding consistency with other
Comprehensive Plan provisions; and
WHEREAS, the amendments were reviewed by the Planning Commission on October 25,2012; and
WHEREAS, a public hearing was held before the Board of County Commissioners on November 19,
2012, and the Board concluded that the public will benefit from changes to the Comprehensive Plan; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDING. DCC 23.01 is amended to read as described in Exhibit "A," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
striketluotlgft.
Section 2. The Deschutes County Comprehensive Plan Chapter 3, Rural Growth Management, is
amended to read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in strikethrough.
Section 3. AMENDMENT. The Deschutes County Comprehensive Plan Chapter 5, Supplemental
Sections, is amended to read as described in Exhibit "C," attached hereto and by this reference incorporated
herein, with new language underlined and language to be deleted in strikethrough.
Section 4. REPEALING. Deschutes County Code Chapter 23.84, Destination Resorts is repealed.
PAGE 1 OF 2 ORDINANCE NO. 2012-016
I
--------Dated this of ,2012 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
ALAN UNGER, Vice Chair
ATTEST:
Recording Secretary TAMMY BANEY, Commissioner
Date of 1st Reading: __day of _____., 2012.
Date of 2nd Reading: __day of ____-", 2012.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: day of ,2012.
PAGE 2 OF 2 -ORDINANCE NO. 2012-016
Chapter 23.01 COMPREHENSIVE PLAN
23.01.010. Introduction.
A. The Deschutes County Comprehensive Plan, adopted by the Board in Ordinance 2011-003 and
found on the Deschutes County Community Development Department website, is incorporated by
reference herein.
B. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2011-027, are incorporated by reference herein.
C. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-005, are incorporated by reference herein.
D. The Deschutes County Comprehensive Plan amendments, adopted by the Board in Ordinance
2012-012, are incorporated by reference herein.
E. The Deschutes County Comprehensive Plan amendments. adopted by the Board in Ordinance
2012-016. are incorporated by reference herein.
(Ord. 2012-016 §l, 2012; Ord. 2012-013 §1, 2012; Ord. 2012-005 §1, 2012; Ord. 2011-027 §1 through
12,2011; Ord.2011-003 §3, 2011)
Page 1 of 1 -EXHIBIT A TO ORDINANCE 2012-016
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES
PAGE 1 OF 5 EXHIBIT “B” TO ORDINANCE 2012-016
Note – the existing destination resort comprehensive plan section is being retained.
Background
Since 1979 destination resorts have increased in importance to the economy of Deschutes
County In 1989, recognizing the importance of tourism to the economy of the State of Oregon,
the state legislature and the Land Conservation and Development Commission (“LCDC”) took
steps to make it easier to establish destination resorts on rural lands in the state. Statewide
Planning Goal 8, the recreation goal, was amended to specify a process for locating destination
resorts on rural land without taking an exception to Goals 3, 4, 11 and 14, which govern
development in rural resource lands. This was followed by legislation incorporating Goal 8 into
Oregon's land use statutes. By these actions, the State of Oregon recognized destination resorts
as a legitimate rural land use. Under these changes, destination resorts may be sited in EFU
zones where they weren't allowed before.
Following the changes to the state regulations, because implementation of destination resort
siting under Goal 8 was optional and the county had not undertaken that implementation, the
developers of Eagle Crest applied for legislative changes in the County's comprehensive plan and
implementing land use ordinances. The Eagle Crest developers wished to expand their current
destination resort onto adjacent lands and wished to do so without going through the
exceptions process. They were able to do so when the County adopted a destination resort
overlay map. In order, Pronghorn, Caldera Springs, and Tetherow resorts have been sited since
that time. Resorts existing prior to the legislative change, such as Black Butte, Sunriver and the
Inn of the Seventh Mountain have also expanded and been rezoned to Urban Unincorporated
Community and Resort Community, respectively.
In March 1990, LCDC adopted the “forest rule.” This rule allows destination resorts to be sited
on forest lands pursuant to Goal 8. The county adopted this rule for land zoned Forest Use-2.
Additionally, the legislature, in 2003, amended the state statutes, adding new language allowing
counties to remap eligible lands for destination resorts not more frequently than once every
thirty (30) months. Remapping is now dependent on creating a process for collecting and
processing all proposed map amendments submitted to the county within that thirty (30) month
planning period.
In order to allow destination resorts within the county, Goal 8 requires that Deschutes County
adopt a map showing which lands are available for destination resort development. The purpose
of the map is to provide greater certainty concerning destination resort siting than is available
under the exceptions process. To protect forest and farm resources, Goal 8 prescribes that
certain classes of lands are off limits to destination resort development. The final map must
reflect exclusion of such areas. However, although a property is mapped as eligible for a
destination resort, a destination resort may not be permitted outright in that location. In order
to be approved, a proposal for a resort must be processed as a conditional use and must comply
with the specific standards and criteria established by the county for destination resorts.
Goal 8 and the state statute also recognize that destination resorts can have negative impacts on
neighborhoods, transportation facilities and the rural quality of life. These impacts can, however,
Section 3.9 Destination Resorts
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES
PAGE 2 OF 5 EXHIBIT “B” TO ORDINANCE 2012-016
be substantially mitigated. The County recognizes the importance of balancing protection
mechanisms for resource lands and rural land uses with the economic benefits destination
resorts provide. The County further recognizes that this balance can be struck by the manner in
which areas are designated as being available for destination resort development and by
establishing thorough siting criteria. In establishing these thorough siting criteria, the County
recognizes that it has the option to be more restrictive than state law in the areas it chooses to
exclude from destination resort siting through the mapping process.
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES
PAGE 3 OF 5 EXHIBIT “B” TO ORDINANCE 2012-016
Section 3.9 Destination Resort Policies
Goals and Policies
Goal 1 To provide for development of destination resorts in the County
consistent with Statewide Planning Goal 8 in a manner that will be
compatible with farm and forest uses, existing rural development, and
in a manner that will maintain important natural features, such as
habitat of threatened or endangered species, streams, rivers and
significant wetlands.
Goal 2 To provide a process for the siting of destination resorts on rural lands
that have been mapped by Deschutes County as eligible for this
purpose.
Goal 3 To provide for the siting of destination resort facilities that enhances
and diversifies the recreational opportunities and economy of
Deschutes County.
Goal 4 To provide for development of destination resorts consistent with
Statewide Planning Goal 12 in a manner that will ensure the resorts
are supported by adequate transportation facilities.
Policy 3.9.1 Destination resorts shall only be allowed within areas shown on the “Deschutes
County Destination Resort Map” and when the resort complies with the
requirements of Goal 8, ORS 197.435 to 197.467, and Deschutes County Code
18.113.
Policy 3.9.2 Applications to amend the map will be collected and will be processed
concurrently no sooner than 30 months from the date the map was previously
adopted or amended.
Policy 3.9.3 Mapping for destination resort siting.
a. To assure that resort development does not conflict with the objectives of
other Statewide Planning Goals, destination resorts shall pursuant to Goal 8
not be sited in Deschutes County in the following areas:
1. Within 24 air miles of an urban growth boundary with an existing
population of 100,000 or more unless residential uses are limited to those
necessary for the staff and management of the resort;
2. On a site with 50 or more contiguous acres of unique or prime farm land
identified and mapped by the Soil Conservation Service or within three
miles of farm land within a High-Value Crop Area;
3. On predominantly Cubic Foot Site Class 1 or 2 forest lands which are not
subject to an approved Goal exception;
4. On areas protected as Goal 5 resources in an acknowledged
comprehensive plan where all conflicting uses have been prohibited to
protect the Goal 5 resource;
5. Especially sensitive big game habitat, and as listed below, as generally
mapped by the Oregon Department of Fish and Wildlife in July 1984 and
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES
PAGE 4 OF 5 EXHIBIT “B” TO ORDINANCE 2012-016
as further refined through development of comprehensive plan provisions
implementing this requirement.
i. Tumalo deer winter range;
ii. Portion of the Metolius deer winter range;
iii. Antelope winter range east of Bend near Horse Ridge and Millican;
6. Sites less than 160 acres.
b. To assure that resort development does not conflict with Oregon Revised
Statute, destination resorts shall not be sited in Deschutes County in Areas of
Critical State Concern.
c. To assure that resort development does not conflict with the objectives of
Deschutes County, destination resorts shall also not be located in the
following areas:
1. Sites listed below that are inventoried Goal 5 resources, shown on the
Wildlife Combining Zone, that the County has chosen to protect:
i. Antelope Range near Horse Ridge and Millican;
ii. Elk Habitat Area; and
iii. Deer Winter Range;
2. Wildlife Priority Area, identified on the 1999 ODFW map submitted to
the South County Regional Problem Solving Group;
3. Lands zoned Open Space and Conservation (OS&C);
4. Lands zoned Forest Use 1 (F-1);
5. Irrigated lands zoned Exclusive Farm Use (EFU) having 40 or greater
contiguous acres in irrigation;
6. Non-contiguous EFU acres in the same ownership having 60 or greater
irrigated acres;
7. Farm or forest land within one mile outside of urban growth boundaries;
8. Lands designated Urban Reserve Area under ORS 195.145;
9. Platted subdivisions;
d. For those lands not located in any of the areas designated in Policy 3.9.3(a)
though (c), destination resorts may, pursuant to Goal 8, Oregon Revised
Statute and Deschutes County zoning code, be sited in the following areas:
1. Forest Use 2 (F-2), Multiple Use Agriculture (MUA-10), and Rural
Residential (RR-10) zones;
2. Unirrigated Exclusive Farm Use (EFU) land;
3. Irrigated lands zoned EFU having less than 40 contiguous acres in
irrigation;
4. Non-contiguous irrigated EFU acres in the same ownership having less
than 60 irrigated acres;
5. All property within a subdivision for which cluster development approval
was obtained prior to 1990, for which the original cluster development
approval designated at least 50 percent of the development as open space
and which was within the destination resort zone prior to the effective
date of Ordinance 2010-024 shall remain on the eligibility map;
6. Minimum site of 160 contiguous acres or greater under one or multiple
ownerships;
DESCHUTES COUNTY COMPREHENSIVE PLAN – 2011
CHAPTER 3 RURAL GROWTH MANAGEMENT REFERENCES
PAGE 5 OF 5 EXHIBIT “B” TO ORDINANCE 2012-016
e. The County shall adopt a map showing where destination resorts can be
located in the County. Such map shall become part of the Comprehensive
Plan and Zoning Ordinance and shall be an overlay zone designated
Destination Resort (DR).
Policy 3.9.4 Ordinance provisions.
a. The County shall ensure that destination resorts are compatible with the site
and adjacent land uses through enactment of land use regulations that, at a
minimum, provide for the following:
1. Maintenance of important natural features, including habitat of threatened
or endangered species, streams, rivers, and significant wetlands;
maintenance of riparian vegetation within 100 feet of streams, rivers and
significant wetlands; and
2. Location and design of improvements and activities in a manner that will
avoid or minimize adverse effects of the resort on uses on surrounding
lands, particularly effects on intensive farming operations in the area and
on the rural transportation system. In order to adequately assess the
effect on the transportation system, notice and the opportunity for
comment shall be provided to the relevant road authority.
3. Such regulations may allow for alterations to important natural features,
including placement of structures, provided that the overall values of the
feature are maintained.
b. Minimum measures to assure that design and placement of improvements and
activities will avoid or minimize the adverse effects noted in Policy 3.9.4(a)
shall include:
1. The establishment and maintenance of buffers between the resort and
adjacent land uses, including natural vegetation and where appropriate,
fenced, berms, landscaped areas, and other similar types of buffers.
2. Setbacks of structures and other improvements from adjacent land uses.
c. The County may adopt additional land use restrictions to ensure that
proposed destination resorts are compatible with the environmental
capabilities of the site and surrounding land uses.
d. Uses in destination resorts shall be limited to visitor- oriented
accommodations, overnight lodgings, developed recreational facilities,
commercial uses limited to types and levels necessary to meet the needs of
visitors to the resort, and uses consistent with preservation and maintenance
of open space.
e. The zoning ordinance shall include measures that assure that developed
recreational facilities, visitor-oriented accommodations and key facilities
intended to serve the entire development are physically provided or are
guaranteed through surety bonding or substantially equivalent financial
assurances prior to closure of sale of individual lots or units. In phased
developments, developed recreational facilities and other key facilitated
intended to serve a particular phase shall be constructed prior to sales in that
phase or guaranteed through surety bonding.
secttov\' 5.1-2 LegtsLlAttve t-ttstortj
Background
This section contains the legislative history of this Comprehensive Plan.
Table 5.1 1.1 Comprehensive Plan Ordinance History
Ordinance Date Adopted/
Effective Chapter/Section Amendment
2011-003 8-10-1 III 1-9-1 I
All, except
Transportation, Tumalo
and Terrebonne
Community Plans,
Deschutes Junction,
Destination Resorts and
ordinances adopted in
2011
Comprehensive Plan update
2011-027 10-3 I-I III 1-9-1 I
2.5, 2.6, 3.4, 3.10, 3.5,
4.6, 5.3, 5.8, 5.1 I,
23.40A, 23.40B,
23.40.065, 23.01.0 I 0
Housekeeping amendments to
ensure a smooth transition to
the updated Plan
2012-005 8-20-12111-19-12
23.60, 23.64 (repealed),
3.7 (revised), Appendix C
(added)
Updated Transportation
System Plan
2012-012 8-20-1218-20-12 4.1,4.2 La Pine Urban Growth
Boundary
20 12-016 I 1-14-1213 -2-13 3.9 Ho u sekee~ing amendments to
Destination Resort Cha~ter
44 DESCHUTES COUNTY COMPREHENSIVE PLAN -2011
CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.12LEGISLATIVE HISTORY
PAGE 1 OF 1 -EXHIBIT "C" TO ORDINANCE 2012-016