HomeMy WebLinkAboutDest Resort Overlay Amendments
DESTINATION RESORT MAP AMENDMENTS
FINDINGS
May 9, 2011
TABLE OF CONTENTS
PLANNING COMMISSION RECOMMENDATION ........................... 1
PURPOSE......................................................................................... 1
BACKGROUND ................................................................................ 2
Existing Destination Resort Map ................................................. 2
New Ordinances ......................................................................... 2
Table 1 - Destination Resort Map Eligibility Criteria ................... 2
Table 2 - Destination Resort Map Amendment
Procedures .............................................................................. 3
PROPOSALS ................................................................................... 4
Deletions ..................................................................................... 4
Grandfather Clause .................................................................... 4
Additions ..................................................................................... 5
Table 3 - Requests to Add Properties to Destination
Resort Map............................................................................... 5
Updated Destination Resort Map Statistics ................................ 5
REVIEW CRITERIA........................................................................... 6
FINDINGS ........................................................................................ 6
1. Destination Resorts / Statewide Provisions ................................ 6
2. Oregon Revised Statutes / Destination Resort Map
Amendments ........................................................................... 6
3. Deschutes County Map Amendment Procedures ....................... 6
4. Deschutes County Destination Resort Goals and Policies.......... 7
5. Deschutes County Map Amendment
(Plan Amendment 10-6 / Zone Change 10-4).......................... 7
Grandfather Request .................................................................. 7
Transportation Planning Rule ..................................................... 8
Senate Bill 1031 .......................................................................... 8
Page ii - Exhibit B to Ordinance 2011-001
6. Pine Forest Development LLC Map Amendment
(Plan Amendment 10-7 / Zone Change 10-5) ......................... 9
Table 4 - Destination Resort Map Eligibility ................................ 9
Table 5 - Map Amendment Procedures ...................................... 10
Transportation Planning Rule ..................................................... 12
Senate Bill 1031 .......................................................................... 14
7. Belveron Real Estate Partners, LLC & Vandevert Road,
LLC (Plan Amendment 10-8 / Zone Change 10-6)................... 16
Table 6 - Destination Resort Map Eligibility ................................ 16
Table 7 - Map Amendment Procedures ...................................... 17
Transportation Planning Rule ..................................................... 19
Senate Bill 1031 .......................................................................... 22
8. Oregon Department of State Lands
(Plan Amendment 10-9 / Zone Change 10-7)......................... 23
Table 8 - Destination Resort Map Eligibility ................................ 23
Table 9 - Map Amendment Procedures ...................................... 25
Transportation Planning Rule ..................................................... 26
Senate Bill 1031 .......................................................................... 29
9. Statewide Planning Goals ........................................................... 29
10. Consistency with Deschutes County Comprehensive Plan ........ 31
11. Conclusion .................................................................................. 31
Pine Forest Development LLC .................................................... 31
Belveron Real Estate LLC, and Vandevert Road LLC ................ 31
Oregon Department of State Lands ............................................ 31
Page iii - Exhibit B to Ordinance 2011-001
PLANNING COMMISSION RECOMMENDATION
The Deschutes County Planning Commission on January 27, 2011 recommended the following
revisions to Deschutes County Code (DCC) Titles 23 and 18, Deschutes County Destination
Resort Maps:1
• Remove 91,701 acres disqualified as a result of the new criteria encompassed in Ordinance
2010-024;
• Maintain 17,560 acres carried over from the existing resort map that continues to meet the
criteria cited in Ordinance 2010-024;
• Maintain 3,187 acres carried over from the existing resort map based on 908 grandfather
requests;
• Add 3 sites, totaling 1,255.17 acres based on three map amendment applications; and,
• For one of the 3 sites, the Planning Commission recommended that 360 of the 400 acres
proposed, be added to the map. The 40 acres that were not added represent a non-
contiguous tax lot. The Planning Commission made a separate motion addressing this
particular issue:
“Indicate to the Board that the 40 acres defined as Tax Lot 15-12-0000-05101 were
never anticipated and that it be thoughtfully considered.”
The updated destination resort map now identifies 22,002.17 acres, reflecting an 80% reduction
from the one presently in place (112,448 acres).
PURPOSE
Initiated by Deschutes County, the following plan amendment and zone changes are
encompassed in Ordinances 2011-001 and 2011-002 respectively, and collectively amend DCC
Titles 23 and 18, and their respective Destination Resort maps:
• Plan Amendment 10-6 (PA 10-6) and Zone Change 10-4 (ZC 10-4);
• Plan Amendment 10-7 (PA 10-7) and Zone Change 10-5 (ZC 10-5);
• Plan Amendment 10-8 (PA 10-8) and Zone Change 10-6 (ZC 10-6); and,
• Plan Amendment 10-9 (PA 10-9) and Zone Change 10-7 (ZC 10-7).
The two maps show where destination resorts can be located in Deschutes County. The map
depicted in Ordinance 2011-001 is officially an element of the Comprehensive Plan, while the
one in Ordinance 2011-002 is part of the zoning ordinance, depicting Deschutes County’s
Destination Resort Overlay Zone.
1 A tax bill insert, complying with Ballot Measure 56 announcing the November 18, 2010 Planning Commission
hearing was distributed in mid-October to all disqualified property owners in Deschutes County and was otherwise
noticed as required.
Page 1 of 32 - Exhibit B to Ordinance 2011-001
BACKGROUND
Existing Destination Resort Map
A destination resort chapter was added to the Deschutes County Comprehensive Plan in 1992
at the request of Eagle Crest Resort.2 Under state law, destination resorts are only allowed in
areas designated on a county destination resort map. In 1992, the County supplemented the
state’s criteria by excluding large agricultural and forest parcels, and resource lands within one
mile of an Urban Growth Boundary (UGB).3 During periodic review, the mapping was done in a
phased sequence, based on pending farm and forest studies. Additionally, as a result of a court
case, lands within three miles of the county border were also excluded since most of the lands
in Jefferson and Crook counties had not yet been evaluated. At that time, it could not be
demonstrated they contained high value crop areas excluded by Statewide Planning Goal 8 and
Oregon Revised Statutes (ORS). If a property was not excluded from the map by state or county
criteria, it was automatically designated beginning in 1992 on Deschutes County’s Destination
Resort Overlay Zone Map. The existing map designates 112,448 acres.
New Ordinances
The Board of County Commissioners (Board) on July 28, 2010 adopted by emergency
Ordinances 2010-024 and 2010-025. These two ordinances, recently affirmed by the Land Use
Board of Appeals, establish criteria and a legislative process Deschutes County can follow to
change its destination resort maps.4 Ordinance 2010-024 as shown in Table 1, modifies DCC
Chapter 23.84, Destination Resort Goals and Policies by listing areas that are eligible for
destination resorts.5
Table 1 - Ordinance 2010-024 / Destination Resort Map Eligibility Criteria
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:
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
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
On predominantly Cubic Foot Site Class 1 or 2 forest lands which are not subject to an
approved Goal exception
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
Especially sensitive big game habitat, and as listed below, as generally mapped by the
Oregon Department of Fish and Wildlife in July 1984 and as further refined through
development of comprehensive plan provisions implementing this requirement:
Tumalo deer winter range
Portion of the Metolius deer winter range
Antelope winter range east of Bend near Horse Ridge and Millican
Ineligibile Areas
Sites less than 160 acres
2 http://www.co.deschutes.or.us/dccode/title23/docs/chapter%2023.84.doc
3 Destination Resort Legislative History: Ordinance Nos. 92-001, 92-002, 92-003, 92-029, 92-030, 92-031, 92-032,
93-029, 93-030, 93-031, 2001-019, 2010-024, and 2010-025.
4 The Land Use Board of Appeals, LUBA No. 2010-075 and 2010-076 affirmed the County’s decision.
5 http://www.co.deschutes.or.us/dccode/title23/docs/chapter%2023.84.doc
Page 2 of 32 - Exhibit B to Ordinance 2011-001
Table 1 - Ordinance 2010-024 / Destination Resort Map Eligibility Criteria
Areas of Critical State Concern
Sites listed below that are inventoried Goal 5 resources, shown on the Wildlife Combining Zone,
that the County has chosen to protect:
Antelope Range near Horse Ridge and Millican
Elk Habitat Area
Deer Winter Range
Wildlife Priority Area, identified on the 1999 ODFW map submitted to the South County Regional
Problem Solving Group
Lands zoned Open Space and Conservation (OS&C)
Lands zoned Forest Use 1 (F-1)
Irrigated lands zoned Exclusive Farm Use (EFU) having 40 or greater contiguous acres in
irrigation
Non-contiguous EFU acres in the same ownership having 60 or greater irrigated acres
Farm or forest land within one mile outside of urban growth boundaries
Lands designated Urban Reserve Area under ORS 195.145
Ineligibile Areas
(continued)
Platted subdivisions
For those lands not located in any of the areas designated above, destination resorts may, pursuant to Goal 8,
Oregon Revised Statute and Deschutes County zoning code, be sited in the following areas:
Forest Use 2 (F-2), Multiple Use Agriculture (MUA-10), and Rural Residential (RR-10) zones
Unirrigated Exclusive Farm Use (EFU) land
Irrigated lands zoned EFU having less than 40 contiguous acres in irrigation
Non-contiguous irrigated EFU acres in the same ownership having less than 60 irrigated acres
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
Eligibile Areas
Minimum site of 160 contiguous acres or greater under one or multiple ownerships
Ordinance 2010-025 as shown in Table 2, specifies Destination Resort Map Amendment
Procedures cited in DCC 22.23 by describing the process for handling map amendment
applications.6
Table 2 - Ordinance 2010-025 / Destination Resort Map Amendment Procedures
All amendments to the eligibility map shall be processed simultaneously and no more than once every 30 months
The deadline for applications for the first eligibility map amendment shall be the first Tuesday in September by
5:00 p.m.
Lands shown on the existing eligibility map but unable to comply will remain on the eligibility map if property owners
file a formal request with the Deschutes County Community Development Department on an authorized county form
by the first Friday in January at 5:00 p.m. to remain eligible
In addition to any other county code provision regarding notice, 30 days prior to the end of the next 30-month
period for amendments to the eligibility map, Deschutes County shall publish a notice announcing opportunities for
property owners to apply for an amendment to the eligibility map
Property owners must file applications for an eligibility map amendment prior to the last day of the 30-month period
by 5:00 p.m.
Any additional applications filed after the deadline in DCC 22.23.010(C) will be processed at the end of the next
30-month cycle
6 http://www.co.deschutes.or.us/dccode/title22/docs/chapter%2022.23.doc
Page 3 of 32 - Exhibit B to Ordinance 2011-001
Table 2 - Ordinance 2010-025 / Destination Resort Map Amendment Procedures
Applications to either remove property from or add property to the eligibility map may be initiated by the Board, or,
if by a property owner, shall:
Be submitted by the property owner or a person who has written authorization from the property owner as defined
herein to make the application
Be completed on a form prescribed by the Planning Director
Be accompanied by the appropriate filing fee, unless such fees are waived by the Board of County Commissioners
Include documentation that demonstrates compliance with eligibility criteria
For applications adding properties to the eligibility map, the applicant will be required to demonstrate consistency
with the Transportation Planning Rule at OAR 660-012-0060
The planning director shall retain any applications received prior to the expiration of the 30-month period
Multiple applications shall be consolidated
The planning director shall schedule the hearing before the planning commission or hearings officer after the
expiration of the 30-month period
PROPOSALS
Deletions
Deschutes County, through Plan Amendment 10-6 and Zone Change 10-4 is proposing to
remove 91,701 acres from the resort map because new eligibility criteria cited in Ordinance
2010-024 disqualify these areas from becoming eligible to site a destination resort. These
properties were originally designated in 1992. State and local land use laws now prohibit them
from becoming a destination resort because these areas are:
• Less than 160 acres;
• Located in a subdivision;
• Agricultural or forest land, located within a mile of an Urban Growth Boundary (UGB);
• Located in a UGB or Redmond Urban Reserve Area; and/or,
• Located in state or county designated Wildlife Areas.
The City of Bend also requested, voluntarily that the County remove 3 parcels associated with
their wastewater treatment plant and 5 affiliated with Juniper Ridge, a master-planned, mixed-
use area in NE Bend. This affected area is accounted within the 91,701 acres proposed for
removal.
Grandfather Clause
New destination resort eligibility criteria adopted by the Board last summer, disqualified
approximately 30,000 tax lots that were designated originally in 1992.7 However, a second
ordinance adopted by the Board provided a process for those disqualified landowners to retain
their previous mapping designation. Property owners wishing to remain on Deschutes County‘s
Destination Resort Maps, even though state and/or local land use laws prohibit their properties
from siting a destination resort, were allowed to file a formal request with the Community
Development Department. The deadline for requesting a property to remain eligible on the
7 Ordinance 2010-024, DCC 23.84.030; http://www.co.deschutes.or.us/dccode/title23/docs/chapter%2023.84.doc
Page 4 of 32 - Exhibit B to Ordinance 2011-001
County’s Destination Resort Map per Ordinance 2010-025 was January 7, 2011 at 5:00 p.m.8
Deschutes County received 908 requests, amounting to 3,187 acres.
Additions
Deschutes County received three requests to add properties to Deschutes County’s Destination
Resort Maps. Each application is summarized below in Table 3.
Table 3 - Requests to Add Properties to Destination Resort Map
Applicant Case File Location Acres Tax Lot(s)
Pine Forest
Development, LLC
Plan Amendment 10-7
Zone Change 10-5
South of Sunriver, near
Vandevert Road 617 201100-00-00103
179.5 201100-00-00104 Belveron Partners,
LLC and Vandevert
Road, LLC 9
Plan Amendment 10-8
Zone Change 10-6
South of Sunriver, near
Vandevert Road 98.68 201100-00-00105
Oregon Department
of State Lands
Plan Amendment 10-9
Zone Change 10-6
West of Eagle Crest
Resort 400
151200-00-05101
151200-00-05102
151200-00-05103
151200-00-05104
151200-00-05200
151200-00-05300
Updated Destination Resort Map Statistics
Deschutes County is proposing to make the following revisions to its destination resort maps:
• Remove 91,701 acres disqualified as a result of the new criteria encompassed in Ordinance
2010-024.
• Maintain 17,560 acres designated on the existing resort map that continue to meet the
criteria cited in Ordinance 2010-024.
• Maintain 3,187 acres carried over from the existing resort map based on 908 grandfather
requests;
• Add 3 sites, totaling 1,255.17 acres based on map amendment applications.10
The updated destination resort map now identifies 22,002.17 acres, reflecting an 80% reduction
from the one presently in place (112,448 acres).
8 Ordinance 2010-025, DCC 23.23.010(C); http://www.co.deschutes.or.us/dccode/title22/docs/chapter%2022.23.doc
9 Belveron Real Estate Partners, LLC own tax lot 104; Vandevert Road, LLC owns tax lot 105.
10 With the exception of one ineligible tax lot (151200-00-05101) owned by the Oregon Department of State Lands,
the three map amendment applications comply with Deschutes County’s eligibility criteria cited in Ord. 2010-024.
Page 5 of 32 - Exhibit B to Ordinance 2011-001
REVIEW CRITERIA
Two ordinances, Ordinance No. 2010-024 and 2010-025 are adopted. Ordinance 2010-024
specifies areas that are eligible for destination resorts, and Ordinance 2010-025, map
amendment procedures. Both ordinances provide the basis for reviewing the legislative plan
and zone change map amendments and justifying that they are consistent with the
Comprehensive Plan. Findings are also made demonstrating consistency with statewide
planning goals and relevant statutory law.
FINDINGS
1. Destination Resorts / Statewide Provisions
Initially, destination resorts were not allowed on rural lands in Oregon without an “exception” to
the statewide planning goals that limit development on farm or forest land. However, several
large resort developments preceded the statewide land use planning system, including Black
Butte, Sunriver, and Inn of 7th Mountain/Widgi Creek. In 1981, Governor Atiyeh's Task Force on
Land Use Planning recommended that destination resorts be allowed as an economic
development tool in rural areas, with certain sideboards to limit their effects and ensure that
their main focus would be overnight lodging rather than second home development. The
provisions authorizing the siting of destination resorts outside UGBs without taking exceptions to
statewide planning goals were adopted by the Land Conservation and Development
Commission in 1984 as amendments to Statewide Planning Goal 8. However, in 1987 the entire
content of Goal 8 was added to state law (ORS 197.435 – 197.465), at the request of
destination resort interests.11
2. Oregon Revised Statutes / Destination Resort Map Amendments
Originally, an acknowledged destination resort map could only be amended during a state
periodic review process. Deschutes County started its periodic review in 1988 and completed it
on January 23, 2003. In 2003, the Oregon Legislature amended ORS 197.629(3) exempting
counties from periodic review, excluding portions of its population within the UGB of a city. New
language was added to ORS 197.455(2) in that same session allowing counties to remap, not
more frequently than once every thirty (30) months.12 This statutory provision also requires that
a county develop a process for collecting and processing concurrently all map amendments
made within a 30-month planning period. As shown below, Ordinance 2010-025 incorporates
that requirement in DCC 22.23.010(A).13
3. Deschutes County Map Amendment Procedures
The Board on July 28, 2010 adopted Ordinance 2010-025, DCC 22.23, Destination Resort Map
Amendment Procedures. This ordinance describes the process for handling map amendment
applications. DCC 22.23.010(A) requires the County to process simultaneously all amendments
to the eligibility map, no more than once every thirty months. This criterion, consistent with ORS
11 Agenda Item 4, October 15, 2008 LCDC Meeting - Informational Briefing and Public Hearing Regarding Destination
Resorts.
12 http://www.leg.state.or.us/ors/197.html
13 DCC 22.23.010. “All amendments to the eligibility map shall be processed simultaneously and no more than once
every 30 months.”
Page 6 of 32 - Exhibit B to Ordinance 2011-001
197.455(2), provides the basis for initiating a legislative land use process. It is also consistent
with DCC 22.12.030, Legislative Procedures, which recognizes a legislative change may be
initiated by application of individuals upon payment of required fees as well as by the Board or
the Planning Commission.14
The four map amendment requests that remove and add lands to the destination resort maps
cited in DCC Titles 23 and 18 are evaluated below and shown to satisfy Deschutes County’s
map amendment procedures.
4. Deschutes County Destination Resort Goals and Policies
The Board on July 28, 2010 adopted Ordinance 2010-024, amending the Comprehensive Plan,
DCC Chapter 23.84, to include new goals and policies that describe areas that are eligible for
siting a destination resort. The criteria provide clear and objective mapping criteria. The four
map amendment requests that remove and add lands to the destination resort maps cited in
DCC Titles 23 and 18, are evaluated below. With the exception of one ineligible tax lot (151200-
00-05101) owned by the Oregon Department of State Lands, they all comply with Deschutes
County’s eligibility criteria.
5. Deschutes County Map Amendment / PA 10-6 and ZC 10-4
Deschutes County is proposing to remove 91,701 acres from its resort map because the new
eligibility criteria cited in Ordinance 2010-024 disqualify these areas from being eligible to site a
destination resort. These properties were originally designated on the resort map in 1992. State
and local land use laws now prohibit them from becoming one because these areas are:
• Less than 160 acres;
• Located in a subdivision;
• Agricultural or forest land, located within a mile of an Urban Growth Boundary (UGB);
• Located in a UGB or Redmond Urban Reserve Area; and/or,
• Located in state or County designated Wildlife Areas.
The City of Bend also requested, voluntarily that the County remove 3 parcels associated with
its wastewater treatment plant and 5 affiliated with Juniper Ridge. This affected area is
accounted within the 91,701 acres proposed for removal.
Grandfather Request
Under state law, destination resorts can only be sited in areas designated on a county
destination resort map. In 1992, Deschutes County developed a destination resort map by
supplementing the state’s eligibility criteria by excluding large agricultural and forest parcels,
and resource lands within one mile of a UGB. The mapping was done in a phased sequence,
based on pending farm and forest studies. If a property was not excluded from the map by state
or county criteria, it was automatically designated on Deschutes County’s Comprehensive Plan
and Destination Resort Overlay Zone Maps beginning in 1992. Those two maps, in effect today,
designate 112,448 acres.
New destination resort eligibility criteria adopted by the Board of County Commissioners (Board)
last summer, disqualified approximately 30,000 tax lots that were designated originally in
1992.15 However, a second ordinance adopted by the Board provided a process for those
14 http://www.co.deschutes.or.us/dccode/title22/docs/chapter%2022.12.doc
15 Ordinance 2010-024, DCC 23.84.030; http://www.co.deschutes.or.us/dccode/title23/docs/chapter%2023.84.doc
Page 7 of 32 - Exhibit B to Ordinance 2011-001
disqualified landowners to retain their previous mapping designation. Property owners wishing
to remain on Deschutes County‘s Destination Resort Maps, even though state and/or local land
use laws prohibit their properties from siting a destination resort, were allowed to file a formal
request with the Community Development Department. The deadline for requesting a property
to remain eligible on the County’s Destination Resort Map per Ordinance 2010-025 was January
7, 2011 at 5:00 p.m. Deschutes County received 908 requests, amounting to 3,187 acres.
Transportation Planning Rule
DCC 22.23.010(G)(5) does not require un-mapping proposals to demonstrate that they are
consistent with the Transportation Planning Rule (TPR). Nonetheless, the following findings
show that Deschutes County by removing 91,701acres from Deschutes County’s Destination
Resort Overlay Zone complies with the TPR, OAR 660-012-060. The unmapped acreage no
longer has the potential to generate vehicle trips at a level associated with destination resort
development. Since the pre-existing underlying zoning districts remain unchanged, land uses
generate levels of travel consistent with the functional classifications identified in Deschutes
County’s Transportation System Plan, resulting in no significant effect.
Senate Bill 1031
The Oregon Legislature in 2010 enacted SB 1031 and added the following provision to ORS
197.455:
197.455. (1) A destination resort [must be sited] may be sited only on lands mapped as
eligible for destination resort siting by the affected county. The county may not allow
destination resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of
the following areas:
(f) On a site in which the lands are predominantly classified as being in Fire Regime
Condition Class 3, unless the county approves a wildfire protection plan that
demonstrates the site can be developed without being at a high overall risk of fire.
Deschutes County has seven community wildfire protection plans (CWPPs) that address the
entire county. Fire regime and condition class 3 are addressed by each CWPP. Deschutes
County complies with ORS 197.455(1)(f) by applying FireWise standards in the project design
for the life of the destination resort. This approach has worked with previous resorts (i.e.
Caldera Springs, Tetherow). As these areas come to the Community Development Department
as a project proposal, destination resort requirements [DCC 18.113.050(B)(14); DCC
18.113.070(H)(I)(R)] of FireWise address the risk of wildfire because Deschutes County is able
to not only require developers to build fire resistant structures correctly with corresponding
roads, construction and infrastructure, but FireWise requires maintenance of woody materials
and other potential fuels.
/ / /
Page 8 of 32 - Exhibit B to Ordinance 2011-001
6. Pine Forest Development LLC Map Amendment / PA 10-7 and ZC 10-5
Table 4 - Destination Resort Map Eligibility
Destination Resort Map Eligibility Criteria Findings
Ineligible Areas
Within 24 air miles of a UGB with an existing
population of 100,000
5
Applicant complies. Deschutes County does not have a UGB
with a population of 100,000. The City of Bend’s 2010
population, according to US Census is 76,639.
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
5
Applicant complies. Deschutes County does not have unique
or prime farm land (Ordinance 92-002). This site is also not
within three miles of an adjoining county, therefore it is not
located within three miles of farm land within a High-Value
Crop Area
On predominantly Cubic Foot Site Class 1 or 2
forest lands which are not subject to an
approved Goal exception
5
Applicant complies. Deschutes County does not have
predominantly Cubic Foot Site Class 1 or 2 forest lands
(Ordinance 92-002)
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
Applicant complies. This site is not identified with a protected
Deschutes County Goal 5 resource (Ordinances 92-040, 92-
041, 92-042, 92-046, 92-056, 94-007, and 2001-019)
Especially sensitive big game habitat, and as
listed below, as generally mapped by the
Oregon Department of Fish and Wildlife
(ODFW) in July 1984 and as further refined
through development of comprehensive plan
provisions implementing this requirement
5
Applicant complies. T h i s s i t e i s n o t m a p p e d b y O D F W a s
within any of the Especially sensitive big game habitat
identified in Ordinance 92-002, the ordinance that adopted
the County’s inventory of such areas.
Sites less than 160 acres 5 Applicant complies. This site encompasses 617 acres
Areas of Critical State Concern 5 Applicant complies. This site is not within the Metolius sub-
basin
Sites listed below that are inventoried Goal 5
resources, shown on the Wildlife Combining
Zone, that the County has chosen to protect:
5
Applicant complies. T h i s s i t e i s n o t m a p p e d b y O D F W a s
Especially sensitive big game habitat: Tumalo Deer Winter
Range, Portion of Metolius Deer Winter Range, Antelope
Winter Range, or Elk Habitat Area (Ordinances 92-002 and
92-041)
Wildlife Priority Area, identified on the 1999
ODFW map submitted to the South County
Regional Problem Solving Group
5 Applicant complies. This site is not mapped as a Wildlife
Priority Area identified on the 1999 ODFW map
Lands zoned Open Space and Conservation
(OS&C) 5
Lands zoned Forest Use 1 (F-1); 5
Irrigated lands zoned Exclusive Farm Use (EFU)
having 40 or greater contiguous acres in
irrigation
5
Non-contiguous EFU acres in the same
ownership having 60 or greater irrigated acres 5
Applicant complies. The site is zoned Forest Use 2, Wildlife
Area Combining Zone (Deer Migration Corridor), Airport
Safety Combining Zone, Landscape Area Combining Zone
Farm or forest land within one mile outside of
urban growth boundaries 5 Applicant complies. The site is not within a mile of a UGB
Lands designated Urban Reserve Area under
ORS 195.145 5 Applicant complies. The site is not within Redmond’s Urban
Reserve Area
Platted subdivisions 5 Applicant complies. The site is not within a platted
subdivision
Page 9 of 32 - Exhibit B to Ordinance 2011-001
Table 4 - Destination Resort Map Eligibility
Destination Resort Map Eligibility Criteria Findings
Eligible Areas
Forest Use 2 (F-2), Multiple Use Agriculture
(MUA-10), and Rural Residential (RR-10) zones
5
Applicant complies. The site is zoned Forest Use 2, Wildlife
Area Combining Zone (Deer Migration Corridor), Airport
Safety Combining Zone, Landscape Area Combining Zone
Unirrigated Exclusive Farm Use (EFU) land 5
Irrigated lands zoned EFU having less than 40
contiguous acres in irrigation 5
Non-contiguous irrigated EFU acres in the same
ownership having less than 60 irrigated acres 5
Not applicable. The site is zoned Forest Use 2, Wildlife
Area Combining Zone (Deer Migration Corridor), Airport
Safety Combining Zone, Landscape Area Combining Zone
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
5 Not applicable. The site is not within a cluster development
Minimum site of 160 contiguous acres or
greater under one or multiple ownerships 5 Applicant complies. This site encompasses 617 acres
Table 5 - Map Amendment Procedures
The existing comprehensive plan map of sites eligible for destination resorts (“eligibility map”) may be
amended as follows:
Procedures Findings
All amendments to the eligibility map shall be
processed simultaneously and no more than
once every 30 months.
5
Applicant complies. Ordinances 2011-001 and 002
represent Deschutes County’s first amendment to its
eligibility map since periodic review.16 All amendments as
noted in these findings are being processed simultaneously
The deadline for applications for the first
eligibility map amendment shall be the first
Tuesday in September by 5:00 p.m.
5 Applicant complies. Pine Forest Development, LLC
submitted their application on September 3
Lands shown on the existing eligibility map but
unable to comply with DCC 23.84.030(3)(a-d),
will remain on the eligibility map if property
owners file a formal request with the Deschutes
County Community Development Department
on an authorized county form by the first Friday
in January at 5:00 p.m. to remain eligible.
5 Not applicable. This code provision does not apply as the
subject property is not on the eligibility map at this time
16 Deschutes County started its periodic review in 1988 and completed it on January 23, 2003.
Page 10 of 32 - Exhibit B to Ordinance 2011-001
Table 5 - Map Amendment Procedures
The existing comprehensive plan map of sites eligible for destination resorts (“eligibility map”) may be
amended as follows:
Procedures Findings
In addition to any other county code provision
regarding notice, 30 days prior to the end of the
next 30-month period for amendments to the
eligibility map, Deschutes County shall publish
a notice announcing opportunities for property
owners to apply for an amendment to the
eligibility map.
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review
Property owners must file applications for an
eligibility map amendment prior to the last day
of the 30-month period by 5:00 p.m.
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review
Any additional applications filed after the
deadline in DCC 22.23.010(C) will be
processed at the end of the next 30-month
cycle.
5
Applicant complies. Pine Forest Development, LLC
submitted their application on September 3. Furthermore,
no applications were received after September 7, 2010
Applications to either remove property from or
add property to the eligibility map may be
initiated by the Board, or, if by a property owner,
shall:
Be submitted by the property owner or a
person who has written authorization from the
property owner as defined herein to make the
application
Be completed on a form prescribed by the
Planning Director
Be accompanied by the appropriate filing fee,
unless such fees are waived by the Board of
County Commissioners
Include documentation that demonstrates
compliance with DCC 23.84.030(3)(a-d)
5
Applicant complies. Deschutes County received an
application submitted by the property owner or person who
has written authorization. This application was on a
completed County form with a filing fee and burden of proof
statements cited in these findings demonstrating compliance
with DCC 23.84.030(3)(a-d)
Applications adding properties to the eligibility
map, the applicant will be required to
demonstrate consistency with the
Transportation Planning Rule at OAR 660-
012-0060
5
Applicant complies. Pine Forest Development, LLC
submitted a transportation analysis to demonstrate
consistency with the Transportation Planning Rule. Specific
findings are cited below
The planning director shall retain any
applications received prior to the expiration of
the 30-month period
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review. Furthermore, no applications were
received after September 7, 2010
Multiple applications shall be consolidated 5 Applicant complies. All amendments as noted in these
findings are being consolidated and processed concurrently
The planning director shall schedule the hearing
before the planning commission or hearings
officer after the expiration of the 30-month
period
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review. The first evidentiary hearing for this
legislative process is November 18, 2010 before the
Planning Commission
Page 11 of 32 - Exhibit B to Ordinance 2011-001
Transportation Planning Rule 17
The Pine Forest Development, LLC map amendment application will amend DCC Titles 23 and
18, and their respective Destination Resort Maps. The two maps show where destination resorts
can be located in Deschutes County. The map depicted in DCC Title 23 is officially an element
of the Comprehensive Plan, while the one in DCC Title 18 is part of the Zoning Ordinance,
depicting Deschutes County’s Destination Resort Overlay Zone. Deschutes County Code
requires the applicant to demonstrate compliance with the TPR.
Applicant Burden of Proof 18
In order to demonstrate compliance with the TPR, the County must determine whether the
propose addition of the subject property to the maps will “significantly affect” a transportation
facility. The proposed amendments to the comprehensive plan and zoning maps will not
significantly affect any transportation facility. Under the DCC, destination resorts are conditional
uses which may only be approved after a lengthy public process, and a finding that the resort
will not significantly affect a transportation facility. The mere addition of the DR overlay to the
subject property will have no effect on any transportation facility because the amendment will
not permit any development whatsoever. In other words, the amendment will not, and in fact
cannot, add any additional trips to transportation facilities. Prior to the approval of any resort
development, the applicant will need to demonstrate that any impacts to transportation facilities
are mitigated.
In particular, DCC 18.113.050(B)(2) requires any applicant for a destination resort to provide:
A traffic study which addresses (1) impacts on affected County, city and state
road systems and (2) transportation improvements necessary to mitigate any
such impacts. The study shall be submitted to the affected road authority (either
the County Department of Public Works or the Oregon Department of
Transportation, or both) at the same time as the conceptual master plan and
shall be prepared by a licensed traffic engineer to the minimum standards of the
road authorities.
In addition, the approval criteria for destination resorts set forth in DCC 18.113.070(G) provides
additional standards to ensure that any significant affect to a transportation facility is fully
mitigated. This section provides:
Destination resort developments that significantly affect a transportation facility
shall assure that the development is consistent with the identified function,
capacity and level of service of the facility. This shall be accomplished by either:
1. Limiting the development to be consistent with the planned function, capacity
and level of service of the transportation facility;
2. Providing transportation facilities adequate to support the proposed
development consistent with OAR 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
17 OAR 660-012-0060. http://arcweb.sos.state.or.us/rules/OARS_600/OAR_660/660_012.html
18 Pine Forest Development, LLC Burden of Proof. Pages 8-11.
Page 12 of 32 - Exhibit B to Ordinance 2011-001
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.
It is important to note that in finding that the proposed map amendment will have no
significant affect on a transportation facility, the County is not deferring TPR compliance
or otherwise failing to consider whether the change would affect a transportation facility
in violation of Willamette Oaks, LLC v City of Eugene, 232 Or App. 29, 220 P.3d 445
(2009).
An application to permit a destination resort will be required to include a traffic study that
analyzes the impacts of the specific proposal on affected transportation facilities. This process
will require that an applicant for a destination resort to bear the burden of proof and costs
associated with mitigation for a specific resort proposal. Further, it will allow the planning of
supporting transportation system infrastructure at a time when specific information about the
location, proposed vehicular access, and resort size are known.
Deschutes County Finding
The trips from a generation resort are considered for their impact to the transportation system at
the conceptual site plan level when the broad basics of a specific proposal (number of
residential units, types of residential units, size and type of any commercial units, type and size
of recreational amenities, etc.) and its location are known. Without such background
information, a destination resort’s potential traffic impacts cannot be determined. As a DR
overlay zone does not result in any actual development, but merely establishes a precondition
for development, no destination resort traffic can be generated. Thus the land would only
generate trips based on the pre-existing underlying designation, which is typically farm or forest.
Farm and forest lands generate far fewer trips than destination resorts.
The TPR at OAR 660-012-0060(1) requires a plan amendment to determine if there is a
significant affect on an existing transportation facility, which in this case would be U.S. 97 and
Vandevert Road.
The destination resort overlay zone will not result in the change in the functional classification of
either U.S. 97, a Principal Arterial, or Vandevert Road, a Rural Collector. Therefore, the plan
amendment complies with OAR 660-012-0060(1)(a).
The applicable mobility standards for the US 97/Vandevert intersection will remain those set in
the “Oregon Highway Plan” as required by DCC 17.16.115(H)(2). The applicable mobility
standards for affected County roads will be LOS D as required by DCC 17.16.115(H)(3 and 4).
Therefore, the plan amendment complies with OAR 660-012-0060(1)(b).
As the plan amendment will not result in any changes in the underlying agriculture and/or forest
zoning, the trip generation will remain the same negligible amount after the plan amendment as
it was before the plan amendment. The level of development remains the same nor will the
property’s access change, complying with OAR 660-012-0060(1)(c)(A).
The overlay zone does not reduce the performance of Vandevert Road at the end of the
adopted 1998 Deschutes County Transportation System Plan at the end of its 2016 planning
period. The plan amendment therefore complies with OAR 660-012-0060(1)(c)(B).
Page 13 of 32 - Exhibit B to Ordinance 2011-001
In the adopted 1998 TSP at Table 3.3T2, “ODOT 2016 Highway Volume Estimates and LOS
Ranking” listed 37 highway segments. U.S. 97 at Vandevert Road was forecast to exceed the
then-Level of Service (LOS) requirements of ODOT. In 1998 ODOT required LOS C for what
were called Statewide Level of Importance, rural roads. Therefore, this would be a significant
effect as defined by OAR-660-012-0060(1)(c)(C). However, Figure 5.2.F1, “ODOT Projected
Lane Additions,” indicated this general area of U.S. 97 would include new passing or climbing
lanes. Therefore, the County has identified the mitigation as required under OAR 660-012-
0060(2)(b).
In 1999, ODOT updated its Oregon Highway Plan, changing from LOS mobility standards to
volume/capacity (v/c) ratios. Deschutes County is now updating its TSP and the July 12, 2010,
Technical Memo #3, “2030 Future Traffic Conditions” at Table 1 forecasts the segment of U.S.
97 from South Century Drive to La Pine will exceed the required v/c standard. The January 10,
2011, Technical Memo #4 “Mitigation Alternatives Analysis,” indicates on Table 1 the proposed
mitigation is for additional lanes on U.S. 97. While the TSP Update is not yet adopted, the
proposed improvement remains consistent with the 1998 acknowledged plan. Therefore, the
County has identified the mitigation as required under OAR 660-012-0060(2)(b).
Further, the plan amendment is merely an overlay zone that does not result in any changes in
trip generation as the underlying agricultural/forest zoning remains unaffected. The County’s
development code ensures the TPR will be satisfied as specific destination resorts are
proposed. The County’s development code at 17.16.115(C)(4) determines the scope and
complexity of traffic studies based on the trip generation of a proposed land use. Destination
resorts are specifically required under 17.16.115(E)(4) to analyze affected transportation
facilities over a 20-year timeline. At 17.16.115(H) the County sets performance standards for
transportation facilities and 17.16.115(I) requires developments to mitigate their effects. These
requirements mirror the TPR.
The County is in the process of updating its Transportation System Plan (TSP). Preliminary
technical results indicate that in 2030 traffic volumes are sufficiently high under existing zoning
that the intersection of US 97/Vandevert Road will not meet the mobility standards set by the
Oregon Highway Plan (OHP). The County and ODOT recognize that while the DR overlay zone
will not change current trip generation rates, the applicant will need to address mitigation for this
and any other affected intersections as part of a conceptual master plan, Deschutes County
Destination Resort Overlay Zone, DCC 18.113.
Senate Bill 1031
The Oregon Legislature in 2010 enacted SB 1031 and added the following provision to ORS
197.455:
197.455. (1) A destination resort [must be sited] may be sited only on lands mapped as
eligible for destination resort siting by the affected county. The county may not allow
destination resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of
the following areas:
(f) On a site in which the lands are predominantly classified as being in Fire Regime
Condition Class 3, unless the county approves a wildfire protection plan that
demonstrates the site can be developed without being at a high overall risk of fire.
Deschutes County has seven community wildfire protection plans (CWPPs) that address the
entire county. Fire regime and condition class 3 are addressed by each CWPP. Deschutes
County complies with ORS 197.455(1)(f) by applying FireWise standards in the project design
Page 14 of 32 - Exhibit B to Ordinance 2011-001
for the life of the destination resort. This approach has worked with previous resorts (i.e.
Caldera Springs, Tetherow). As these areas come to the Community Development Department
as a project proposal, destination resort requirements [DCC 18.113.050(B)(14); DCC
18.113.070(H)(I)(R)] of FireWise address the risk of wildfire because Deschutes County is able
to not only require developers to build fire resistant structures correctly with corresponding
roads, construction and infrastructure, but FireWise requires maintenance of woody materials
and other potential fuels.
/ / /
Page 15 of 32 - Exhibit B to Ordinance 2011-001
7. Belveron Real Estate Partners, LLC & Vandevert Road, LLC Map Amendment / PA
10-8 and ZC 10-6
Table 6 - Destination Resort Map Eligibility
Destination Resort Map Eligibility Criteria Findings
Ineligible Areas
Within 24 air miles of a UGB with an existing
population of 100,000
5
Applicant complies. Deschutes County does not have a UGB
with a population of 100,000. The City of Bend’s 2010
population, according to US Census is 76,639.
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
5
Applicant complies. Deschutes County does not have unique
or prime farm land (Ordinance 92-002). Tax lots 104 and 105
are also not within three miles of an adjoining county,
therefore they are not located within three miles of farm land
within a High-Value Crop Area
On predominantly Cubic Foot Site Class 1 or 2
forest lands which are not subject to an
approved Goal exception
5
Applicant complies. Deschutes County does not have
predominantly Cubic Foot Site Class 1 or 2 forest lands
(Ordinance 92-002)
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
Applicant complies. Tax lots 104 and 105 are not identified
with a protected Deschutes County Goal 5 resource
(Ordinances 92-040, 92-041, 92-042, 92-046, 92-056, 94-
007, and 2001-019)
Especially sensitive big game habitat, and as
listed below, as generally mapped by the
Oregon Department of Fish and Wildlife
(ODFW) in July 1984 and as further refined
through development of comprehensive plan
provisions implementing this requirement
5
Applicant complies. Tax lots 104 and 105 are not mapped by
ODFW as within any of the Especially sensitive big game
habitat identified in Ordinance 92-002, the ordinance that
adopted the County’s inventory of such areas
Sites less than 160 acres 5
Applicant complies. Tax lots 104 and 105 encompass 278.17
contiguous acres. Tax lot 104 is 179.5 acres and tax lot 105,
98.68 acres
Areas of Critical State Concern 5 Applicant complies. Tax lots 104 and 105 are not within the
Metolius sub-basin
Sites listed below that are inventoried Goal 5
resources, shown on the Wildlife Combining
Zone, that the County has chosen to protect:
5
Applicant complies. Tax lots 104 and 105 are not mapped by
ODFW as Especially sensitive big game habitat: Tumalo
Deer Winter Range, Portion of Metolius Deer Winter Range,
Antelope Winter Range, or Elk Habitat Area (Ordinances 92-
002 and 92-041)
Wildlife Priority Area, identified on the 1999
ODFW map submitted to the South County
Regional Problem Solving Group
5 Applicant complies. Tax lots 104 and 105 are not mapped as
a Wildlife Priority Area identified on the 1999 ODFW map
Lands zoned Open Space and Conservation
(OS&C) 5
Lands zoned Forest Use 1 (F-1); 5
Irrigated lands zoned Exclusive Farm Use (EFU)
having 40 or greater contiguous acres in
irrigation
5
Non-contiguous EFU acres in the same
ownership having 60 or greater irrigated acres 5
Applicant complies. Tax lots 104 and 105 are zoned Forest
Use 2, Wildlife Area Combining Zone (Deer Migration
Corridor), Landscape Area Combining Zone
Farm or forest land within one mile outside of
urban growth boundaries 5 Applicant complies. Tax lots 104 and 105 are not within a
mile of a UGB
Page 16 of 32 - Exhibit B to Ordinance 2011-001
Table 6 - Destination Resort Map Eligibility
Destination Resort Map Eligibility Criteria Findings
Ineligible Areas (continued)
Lands designated Urban Reserve Area under
ORS 195.145
5 Applicant complies. Tax lots 104 and 105 are not within
Redmond’s Urban Reserve Area
Platted subdivisions 5 Applicant complies. Tax lots 104 and 105 are not within a
platted subdivision
Eligible Areas
Forest Use 2 (F-2), Multiple Use Agriculture
(MUA-10), and Rural Residential (RR-10) zones
5
Applicant complies. Tax lots 104 and 105 are zoned Forest
Use 2, Wildlife Area Combining Zone (Deer Migration
Corridor), Landscape Area Combining Zone
Unirrigated Exclusive Farm Use (EFU) land 5
Irrigated lands zoned EFU having less than 40
contiguous acres in irrigation 5
Non-contiguous irrigated EFU acres in the same
ownership having less than 60 irrigated acres 5
Not applicable. Tax lots 104 and 105 are zoned Forest Use
2, Wildlife Area Combining Zone (Deer Migration Corridor),
Landscape Area Combining Zone
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
5 Not applicable. Tax lots 104 and 105 are not within a cluster
development.
Minimum site of 160 contiguous acres or
greater under one or multiple ownerships 5
Applicant complies. Tax lots 104 and 105 encompass 278.17
contiguous acres. Tax lot 104 is 179.5 acres and tax lot 105,
98.68 acres
Table 7 - Map Amendment Procedures
The existing comprehensive plan map of sites eligible for destination resorts (“eligibility map”) may be
amended as follows:
Procedures Findings
All amendments to the eligibility map shall be
processed simultaneously and no more than
once every 30 months.
5
Applicant complies. Ordinances 2011-001 and 002
represent Deschutes County’s first amendment to its
eligibility map since periodic review.19 All amendments as
noted in these findings are being processed simultaneously
The deadline for applications for the first
eligibility map amendment shall be the first
Tuesday in September by 5:00 p.m.
5
Applicant complies. Belveron Real Estate Partners, LLC and
Vandevert Road, LLC submitted their joint application on
September 3
19 See note 14.
Page 17 of 32 - Exhibit B to Ordinance 2011-001
Table 7 - Map Amendment Procedures
The existing comprehensive plan map of sites eligible for destination resorts (“eligibility map”) may be
amended as follows:
Procedures Findings
Lands shown on the existing eligibility map but
unable to comply with DCC 23.84.030(3)(a-d),
will remain on the eligibility map if property
owners file a formal request with the Deschutes
County Community Development Department
on an authorized county form by the first Friday
in January at 5:00 p.m. to remain eligible.
5 Not applicable. This code provision does not apply as the
subject properties are not on the eligibility map at this time
In addition to any other county code provision
regarding notice, 30 days prior to the end of the
next 30-month period for amendments to the
eligibility map, Deschutes County shall publish
a notice announcing opportunities for property
owners to apply for an amendment to the
eligibility map.
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review
Property owners must file applications for an
eligibility map amendment prior to the last day
of the 30-month period by 5:00 p.m.
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review
Any additional applications filed after the
deadline in DCC 22.23.010(C) will be
processed at the end of the next 30-month
cycle.
5
Applicant complies. Belveron Real Estate Partners, LLC
and Vandevert Road, LLC submitted their joint application
on September 3. Furthermore, no applications were
received after September 7, 2010
Applications to either remove property from or
add property to the eligibility map may be
initiated by the Board, or, if by a property owner,
shall:
Be submitted by the property owner or a
person who has written authorization from the
property owner as defined herein to make the
application
Be completed on a form prescribed by the
Planning Director
Be accompanied by the appropriate filing fee,
unless such fees are waived by the Board of
County Commissioners
Include documentation that demonstrates
compliance with DCC 23.84.030(3)(a-d)
5
Applicant complies. Deschutes County received an
application submitted by the property owner or person who
has written authorization. This application was on a
completed County form with a filing fee and burden of proof
statements cited in these findings demonstrating compliance
with DCC 23.84.030(3)(a-d)
Applications adding properties to the eligibility
map, the applicant will be required to
demonstrate consistency with the
Transportation Planning Rule at OAR 660-
012-0060
5
Applicant complies. Belveron Real Estate Partners, LLC
and Vandevert Road, LLC submitted a transportation
analysis to demonstrate consistency with the Transportation
Planning Rule. Specific findings are cited below
The planning director shall retain any
applications received prior to the expiration of
the 30-month period
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review. Furthermore, no applications were
received after September 7, 2010
Multiple applications shall be consolidated 5 Applicant complies. All amendments as noted in these
findings are being consolidated and processed concurrently
The planning director shall schedule the hearing
before the planning commission or hearings
officer after the expiration of the 30-month
period
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review. The first evidentiary hearing for this
legislative process is November 18, 2010 before the
Planning Commission
Page 18 of 32 - Exhibit B to Ordinance 2011-001
Transportation Planning Rule
The Belveron Real Estate Partners, LLC and Vandevert Road, LLC map amendment application
will amend DCC Titles 23 and 18, and their respective Destination Resort Maps. The two maps
show where destination resorts can be located in Deschutes County. The map depicted in DCC
Title 23 is officially an element of the Comprehensive Plan, while the one in DCC Title 18 is part
of the Zoning Ordinance, depicting Deschutes County’s Destination Resort Overlay Zone.
Deschutes County Code requires the applicant to demonstrate compliance with the TPR.
Applicant Burden of Proof 20
Belveron Real Estate Partners, LLC and Vandevert Road, LLC cite the Deschutes County
Board of Commissioners’ TPR analysis in its findings adopting the Pine Forest Decision and
apply it to their proposal.
TPR requires the County to consider the reasonable worst case development scenario under
the proposed zoning in a zone change application. In the Pine Forest case, the Board
concluded that destination resort development is not a “reasonable” worst case scenario for the
following reasons:
[B]ecause the zone change from F-1 to F-2 does not itself allow destination
resort development to occur, and because a future mapping amendment and
intensive conditional use review (including traffic analysis pursuant to Section
18,113.070(G)) would be required before destination resort development could
occur, destination resort development should not be considered in applying OAR
660-012-0060. [Emphasis Added.]
The subject property must be mapped with the destination resort overlay before
destination resort development could be proposed in the future. Mapping will
require a further amendment to the County comprehensive plan and/or land use
regulations. Even if the County amends the zoning maps to include the property
within the destination resort overlay, a resort will still not be an “allowed” or
“outright permitted” use on the property. Rather, the resort would be a
conditional use on F-2 land.
The County’s approach is consistent with the requirements of the Oregon Department of
Transportation (ODOT). ODOT interprets and implements the TPR by requiring an analysis of
the “reasonable worst case” based on allowed, not conditional uses. Since a destination resort
development is a conditionally allowed use, it does not need to be considered.
Belveron Real Estate Partners, LLC and Vandevert Road, LLC also included a traffic analysis
letter from Scott Ferguson, P.E. This letter provides an analysis of the TPR and concludes that
the zone change for the subject property would not have a significant impact under the TPR.
The TPR at OAR 660-012-0060(1) requires a plan amendment to determine if there is a
significant affect on an existing transportation facility, which in this case would be U.S. 97 and
Vandevert Road.
The destination resort overlay zone will not result in the change in the functional classification of
either U.S. 97, a Principal Arterial, or Vandevert Road, a Rural Collector. Therefore, the plan
amendment complies with OAR 660-012-0060(1)(a).
20 Belveron Real Estate Partners, LLC and Vandevert Road, LLC Burden of Proof. Pages 23-26, Exhibit P & Q.
Page 19 of 32 - Exhibit B to Ordinance 2011-001
The applicable mobility standards for the US 97/Vandevert intersection will remain those set in
the “Oregon Highway Plan” as required by DCC 17.16.115(H)(2). The applicable mobility
standards for affected County roads will be LOS D as required by DCC 17.16.115(H)(3 and 4).
Therefore, the plan amendment complies with OAR 660-012-0060(1)(b).
As the plan amendment will not result in any changes in the underlying agriculture and/or forest
zoning, the trip generation will remain the same negligible amount after the plan amendment as
it was before the plan amendment. The level of development remains the same nor will the
property’s access change, complying with OAR 660-012-0060(1)(c)(A).
The overlay zone does not reduce the performance of Vandevert Road at the end of the
adopted 1998 Deschutes County Transportation System Plan at the end of its 2016 planning
period. The plan amendment therefore complies with OAR 660-012-0060(1)(c)(B).
In the adopted 1998 TSP at Table 3.3T2, “ODOT 2016 Highway Volume Estimates and LOS
Ranking” listed 37 highway segments. U.S. 97 at Vandevert Road was forecast to exceed the
then-Level of Service (LOS) requirements of ODOT. In 1998 ODOT required LOS C for what
were called Statewide Level of Importance, rural roads. Therefore, this would be a significant
effect as defined by OAR-660-012-0060(1)(c)(C). However, Figure 5.2.F1, “ODOT Projected
Lane Additions,” indicated this general area of U.S. 97 would include new passing or climbing
lanes. Therefore, the County has identified the mitigation as required under OAR 660-012-
0060(2)(b).
In 1999, ODOT updated its Oregon Highway Plan, changing from LOS mobility standards to
volume/capacity (v/c) ratios. Deschutes County is now updating its TSP and the July 12, 2010,
Technical Memo #3, “2030 Future Traffic Conditions” at Table 1 forecasts the segment of U.S.
97 from South Century Drive to La Pine will exceed the required v/c standard. The January 10,
2011, Technical Memo #4 “Mitigation Alternatives Analysis,” indicates on Table 1 the proposed
mitigation is for additional lanes on U.S. 97. While the TSP Update is not yet adopted, the
proposed improvement remains consistent with the 1998 acknowledged plan. Therefore, the
County has identified the mitigation as required under OAR 660-012-0060(2)(b).
Further, the plan amendment is merely an overlay zone that does not result in any changes in
trip generation as the underlying agricultural/forest zoning remains unaffected.
Deschutes County Finding
The trips from a generation resort are considered for their impact to the transportation system at
the conceptual site plan level when the broad basics of a specific proposal (number of
residential units, types of residential units, size and type of any commercial units, type and size
of recreational amenities, etc.) and its location are known. Without such background
information, a destination resort’s potential traffic impacts cannot be determined. As a DR
overlay zone does not result in any actual development, but merely establishes a precondition
for development, no destination resort traffic can be generated. Thus the land would only
generate trips based on the pre-existing underlying designation, which is typically farm or forest.
Farm and forest lands generate far fewer trips than destination resorts.
The TPR at OAR 660-012-0060(1) requires a plan amendment to determine if there is a
significant affect on an existing transportation facility, which in this case would be U.S. 97 and
Vandevert Road.
Page 20 of 32 - Exhibit B to Ordinance 2011-001
The destination resort overlay zone will not result in the change in the functional classification of
either U.S. 97, a Principal Arterial, or Vandevert Road, a Rural Collector. Therefore, the plan
amendment complies with OAR 660-012-0060(1)(a).
The applicable mobility standards for the US 97/Vandevert intersection will remain those set in
the “Oregon Highway Plan” as required by DCC 17.16.115(H)(2). The applicable mobility
standards for affected County roads will be LOS D as required by DCC 17.16.115(H)(3 and 4).
Therefore, the plan amendment complies with OAR 660-012-0060(1)(b).
As the plan amendment will not result in any changes in the underlying agriculture and/or forest
zoning, the trip generation will remain the same negligible amount after the plan amendment as
it was before the plan amendment. The level of development remains the same nor will the
property’s access change, complying with OAR 660-012-0060(1)(c)(A).
The overlay zone does not reduce the performance of Vandevert Road at the end of the
adopted 1998 Deschutes County Transportation System Plan at the end of its 2016 planning
period. The plan amendment therefore complies with OAR 660-012-0060(1)(c)(B).
In the adopted 1998 TSP at Table 3.3T2, “ODOT 2016 Highway Volume Estimates and LOS
Ranking” listed 37 highway segments. U.S. 97 at Vandevert Road was forecast to exceed the
then-Level of Service (LOS) requirements of ODOT. In 1998 ODOT required LOS C for what
were called Statewide Level of Importance, rural roads. Therefore, this would be a significant
effect as defined by OAR-660-012-0060(1)(c)(C). However, Figure 5.2.F1, “ODOT Projected
Lane Additions,” indicated this general area of U.S. 97 would include new passing or climbing
lanes. Therefore, the County has identified the mitigation as required under OAR 660-012-
0060(2)(b).
In 1999, ODOT updated its Oregon Highway Plan, changing from LOS mobility standards to
volume/capacity (v/c) ratios. Deschutes County is now updating its TSP and the July 12, 2010,
Technical Memo #3, “2030 Future Traffic Conditions” at Table 1 forecasts the segment of U.S.
97 from South Century Drive to La Pine will exceed the required v/c standard. The January 10,
2011, Technical Memo #4 “Mitigation Alternatives Analysis,” indicates on Table 1 the proposed
mitigation is for additional lanes on U.S. 97. While the TSP Update is not yet adopted, the
proposed improvement remains consistent with the 1998 acknowledged plan. Therefore, the
County has identified the mitigation as required under OAR 660-012-0060(2)(b).
Further, the plan amendment is merely an overlay zone that does not result in any changes in
trip generation as the underlying agricultural/forest zoning remains unaffected. The County’s
development code ensures the TPR will be satisfied as specific destination resorts are
proposed. The County’s development code at 17.16.115(C)(4) determines the scope and
complexity of traffic studies based on the trip generation of a proposed land use. Destination
resorts are specifically required under 17.16.115(E)(4) to analyze affected transportation
facilities over a 20-year timeline. At 17.16.115(H) the County sets performance standards for
transportation facilities and 17.16.115(I) requires developments to mitigate their effects. These
requirements mirror the TPR.
The County is in the process of updating its Transportation System Plan (TSP). Preliminary
technical results indicate that in 2030 traffic volumes are sufficiently high under existing zoning
that the intersection of US 97/Vandevert Road will not meet the mobility standards set by the
Oregon Highway Plan (OHP). The County and ODOT recognize that while the DR overlay zone
will not change current trip generation rates, the applicant will need to address mitigation for this
Page 21 of 32 - Exhibit B to Ordinance 2011-001
and any other affected intersections as part of a conceptual master plan, Deschutes County
Destination Resort Overlay Zone, DCC 18.113.
Senate Bill 1031
The Oregon Legislature in 2010 enacted SB 1031 and added the following provision to ORS
197.455:
197.455. (1) A destination resort [must be sited] may be sited only on lands mapped as
eligible for destination resort siting by the affected county. The county may not allow
destination resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of
the following areas:
(f) On a site in which the lands are predominantly classified as being in Fire Regime
Condition Class 3, unless the county approves a wildfire protection plan that
demonstrates the site can be developed without being at a high overall risk of fire.
Deschutes County has seven community wildfire protection plans (CWPPs) that address the
entire county. Fire regime and condition class 3 are addressed by each CWPP. Deschutes
County complies with ORS 197.455(1)(f) by applying FireWise standards in the project design
for the life of the destination resort. This approach has worked with previous resorts (i.e.
Caldera Springs, Tetherow). As these areas come to the Community Development Department
as a project proposal, destination resort requirements [DCC 18.113.050(B)(14); DCC
18.113.070(H)(I)(R)] of FireWise address the risk of wildfire because Deschutes County is able
to not only require developers to build fire resistant structures correctly with corresponding
roads, construction and infrastructure, but FireWise requires maintenance of woody materials
and other potential fuels.
/ / /
Page 22 of 32 - Exhibit B to Ordinance 2011-001
8. Oregon Department of State Lands Map Amendment / PA 10-9 and ZC 10-6
Table 8 - Destination Resort Map Eligibility
Destination Resort Map Eligibility Criteria Findings
Ineligible Areas
Within 24 air miles of a UGB with an existing
population of 100,000
5
Applicant complies. Deschutes County does not have a UGB
with a population of 100,000. The City of Bend’s 2010
population, according to US Census is 76,639.
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
5
Applicant complies. Deschutes County does not have unique
or prime farm land (Ordinance 92-002). This site is also not
within three miles of an adjoining county, therefore it is not
located within three miles of farm land within a High-Value
Crop Area
On predominantly Cubic Foot Site Class 1 or 2
forest lands which are not subject to an
approved Goal exception
5
Applicant complies. Deschutes County does not have
predominantly Cubic Foot Site Class 1 or 2 forest lands
(Ordinance 92-002)
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
Applicant complies. This site is not identified with a
Deschutes County Goal 5 resource (Ordinances 92-040, 92-
041, 92-042, 92-046, 92-056, 94-007, and 2001-019).
Especially sensitive big game habitat, and as
listed below, as generally mapped by the
Oregon Department of Fish and Wildlife
(ODFW) in July 1984 and as further refined
through development of comprehensive plan
provisions implementing this requirement
5
Applicant complies. T h i s s i t e i s n o t m a p p e d b y O D F W a s
within any of the Especially sensitive big game habitat
identified in Ordinance 92-002, the ordinance that adopted
the County’s inventory of such areas
Sites less than 160 acres
5
Applicant partially complies.
The Board of County Commission by adopting Ordinance
2010-024, adopted a specific criterion that enabled property
owners under one or multiple ownerships that are contiguous
and total 160 acres or greater to aggregate and become
eligible for adding lands to the County’s destination resort
map.
By being contiguous, tax lots 151200-00-05102, 151200-00-
05103, 151200-00-05104, 151200-00-05200, and 151200-
00-05300 constitute one site, totaling 360 acres. These tax
lots comply with this criterion.
However, as a noncontiguous 40 acre tax lot, tax lot 151200-
00-5101 constitutes a separate site. It therefore does not
qualify since the tax lot is less than 160 acres. This specific
criterion was structured after Deschutes County’s Destination
Resort zone, which requires all destination resorts to have a
minimum of 160 contiguous acres of land. 21
Areas of Critical State Concern 5 Applicant complies. This site is not within the Metolius sub-
basin
Sites listed below that are inventoried Goal 5
resources, shown on the Wildlife Combining
Zone, that the County has chosen to protect:
5
Applicant complies. T h i s s i t e i s n o t m a p p e d b y O D F W a s
Especially sensitive big game habitat: Tumalo Deer Winter
Range, Portion of Metolius Deer Winter Range, Antelope
Winter Range, or Elk Habitat Area (Ordinances 92-002 and
92-041)
21 DCC 18.113.060(B).http://www.co.deschutes.or.us/dccode/title18/docs/chapter%2018.113.doc
Page 23 of 32 - Exhibit B to Ordinance 2011-001
Table 8 - Destination Resort Map Eligibility
Destination Resort Map Eligibility Criteria Findings
Ineligible Areas (continued)
Wildlife Priority Area, identified on the 1999
ODFW map submitted to the South County
Regional Problem Solving Group
5 Applicant complies. This site is not mapped as a Wildlife
Priority Area identified on the 1999 ODFW map
Lands zoned Open Space and Conservation
(OS&C) 5
Applicant complies. The site is zoned Exclusive Farm Use -
Sisters / Cloverdale. Tax lot 5,300 also has a Surface Mining
Impact Area Combining Zone overlay
Lands zoned Forest Use 1 (F-1) 5
Applicant complies. The site is zoned Exclusive Farm Use -
Sisters / Cloverdale. Tax lot 5,300 also has a Surface Mining
Impact Area Combining Zone overlay
Irrigated lands zoned Exclusive Farm Use (EFU)
having 40 or greater contiguous acres in
irrigation
5
Non-contiguous EFU acres in the same
ownership having 60 or greater irrigated acres 5
Applicant complies. The site is zoned Exclusive Farm Use -
Sisters / Cloverdale and has no irrigation rights. Tax lot 5,300
also has a Surface Mining Impact Area Combining Zone
overlay.
Farm or forest land within one mile outside of
urban growth boundaries 5 Applicant complies. The site is not within a mile of a UGB
Lands designated Urban Reserve Area under
ORS 195.145 5 Applicant complies. The site is not within Redmond’s Urban
Reserve Area
Platted subdivisions 5 Applicant complies. The site is not within a platted
subdivision
Eligible Areas
Forest Use 2 (F-2), Multiple Use Agriculture
(MUA-10), and Rural Residential (RR-10) zones
5
Applicant complies. The site is zoned Exclusive Farm Use -
Sisters / Cloverdale. Tax lot 5,300 also has a Surface Mining
Impact Area Combining Zone overlay
Unirrigated Exclusive Farm Use (EFU) land
Irrigated lands zoned EFU having less than 40
contiguous acres in irrigation
Non-contiguous irrigated EFU acres in the same
ownership having less than 60 irrigated acres
5
Applicant complies. The site is zoned Exclusive Farm Use -
Sisters / Cloverdale and has no irrigation rights. Tax lot
5,300 also has a Surface Mining Impact Area Combining
Zone overlay
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
5 Not applicable. The site is not within a cluster development
Minimum site of 160 contiguous acres or
greater under one or multiple ownerships
5
Applicant partially complies. The Board of County
Commission by adopting Ordinance 2010-024, adopted a
specific criterion that enabled property owners under one or
multiple ownerships that are contiguous and total 160 acres
or greater to become eligible for adding lands to the County’s
destination resort map. By being contiguous, tax lots 151200-
00-05102, 151200-00-05103, 151200-00-05104, 151200-00-
05200, and 151200-00-05300 constitute one site, totaling
360 acres. These tax lots comply with this criterion.
However, as a noncontiguous tax lot, tax lot 151200-00-5101
constitutes a separate 40 acre site. It therefore does not
qualify since the tax lot is less than 160 acres. This specific
criterion was structured after Deschutes County’s Destination
Resort zone, which requires all destination resorts to have a
minimum of 160 contiguous acres of land. 22
22 Ibid.
Page 24 of 32 - Exhibit B to Ordinance 2011-001
Table 9 - Map Amendment Procedures
The existing comprehensive plan map of sites eligible for destination resorts (“eligibility map”) may be
amended as follows:
Procedures Findings
All amendments to the eligibility map shall be
processed simultaneously and no more than
once every 30 months.
5
Applicant complies. Ordinances 2011-001 and 002
represent Deschutes County’s first amendment to its
eligibility map since periodic review.23 All amendments as
noted in these findings are being processed simultaneously
The deadline for applications for the first
eligibility map amendment shall be the first
Tuesday in September by 5:00 p.m.
5 Applicant complies. The Oregon Department of State Lands
submitted their application on September 7, prior to 5 p.m.
Lands shown on the existing eligibility map but
unable to comply with DCC 23.84.030(3)(a-d),
will remain on the eligibility map if property
owners file a formal request with the Deschutes
County Community Development Department
on an authorized county form by the first Friday
in January at 5:00 p.m. to remain eligible.
5 Not applicable. This code provision does not apply as the
subject properties are not on the eligibility map at this time
In addition to any other county code provision
regarding notice, 30 days prior to the end of the
next 30-month period for amendments to the
eligibility map, Deschutes County shall publish a
notice announcing opportunities for property
owners to apply for an amendment to the
eligibility map.
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review
Property owners must file applications for an
eligibility map amendment prior to the last day
of the 30-month period by 5:00 p.m.
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review
Any additional applications filed after the
deadline in DCC 22.23.010(C) will be processed
at the end of the next 30-month cycle.
5
Applicant complies. The Oregon Department of State Lands
submitted their application on September 7. Furthermore,
no applications were received after September 7, 2010
Applications to either remove property from or
add property to the eligibility map may be
initiated by the Board, or, if by a property owner,
shall:
Be submitted by the property owner or a
person who has written authorization from the
property owner as defined herein to make the
application
Be completed on a form prescribed by the
Planning Director
Be accompanied by the appropriate filing fee,
unless such fees are waived by the Board of
County Commissioners
Include documentation that demonstrates
compliance with DCC 23.84.030(3)(a-d)
5
Applicant complies. Deschutes County received an
application submitted by the property owner or person who
has written authorization. This application was on a
completed County form with a filing fee and burden of proof
statements cited in these findings demonstrating partial
compliance with DCC 23.84.030(3)(a-d)
Applications adding properties to the eligibility
map, the applicant will be required to
demonstrate consistency with the
Transportation Planning Rule at OAR 660-
012-0060
5
Applicant complies. The Oregon Department of State Lands
submitted a transportation analysis to demonstrate
consistency with the Transportation Planning Rule. Specific
findings are cited below
23 Id.
Page 25 of 32 - Exhibit B to Ordinance 2011-001
Table 9 - Map Amendment Procedures
The existing comprehensive plan map of sites eligible for destination resorts (“eligibility map”) may be
amended as follows:
Procedures Findings
The planning director shall retain any
applications received prior to the expiration of
the 30-month period
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review. Furthermore, no applications were
received after September 7, 2010
Multiple applications shall be consolidated 5 Applicant complies. All amendments as noted in these
findings are being consolidated and processed concurrently
The planning director shall schedule the hearing
before the planning commission or hearings
officer after the expiration of the 30-month
period
5
Not applicable. Ordinances 2011-001 and 002 represent
Deschutes County’s first amendment to its eligibility map
since periodic review. The first evidentiary hearing for this
legislative process is November 18, 2010 before the
Planning Commission
Transportation Planning Rule
The Oregon Department of State Lands map amendment application will amend DCC Titles 23
and 18, and their respective Destination Resort Maps. The two maps show where destination
resorts can be located in Deschutes County. The map depicted in DCC Title 23 is officially an
element of the Comprehensive Plan, while the one in DCC Title 18 is part of the Zoning
Ordinance, depicting Deschutes County’s Destination Resort Overlay Zone. Deschutes County
Code requires the applicant to demonstrate compliance with the TPR.
Applicant Burden of Proof 24
The OAR 660-012-0060 of the TPR details provisions about plan and land use regulation
amendments. The TPR states that an amendment to a land use plan cannot significantly affect
an existing transportation facility. This effect can be measured by the levels of travel and the
performance of a transportation facility as a result of the zoning change. The levels of travel
generated by each zone can be determined by comparing the transportation impacts associated
with the land uses permitted outright in the existing and proposed zones. The TPR is triggered
when uses allowed under a plan amendment/zone change would “significantly affect” a
transportation facility by generating more traffic than what would be generated by those uses
allowed under current zoning. To properly compare the trips, the trips generated by the most
intensive uses in the existing zone must be compared to the trips generated by the most traffic
intensive uses under the proposed zoning. Mason v. City of Corvallis, 49 Or LUBA 199 (2005);
Griffiths v. City of Corvallis, 50 Or LUBA 588 (2005). Where the most traffic intensive uses
allowed under the proposed zoning would generate an equal or lesser amount of trips than
those allowed under existing zoning, the proposed amendment would not significantly affect a
transportation facility. Mason, 49 Or LUBA at 222; Griffiths, 50 Or LUBA at 593. In other words,
the initial question under the TPR is whether the amendment causes a net increase in trips by
comparing uses allowed under the existing zoning to those allowed under the proposed zoning.
The Oregon Department State Lands cite the Deschutes County Board of Commissioners TPR
analysis in its findings adopting the Pine Forest Decision and apply it to their proposal. ODOT
interprets and implements the TPR by requiring an analysis of the “reasonable worst case”
24 The Oregon Department of State Lands Burden of Proof. Pages 17-19 and Exhibit G.
Page 26 of 32 - Exhibit B to Ordinance 2011-001
based on allowed, not conditional uses. Since a destination resort development is a
conditionally allowed use, it does not need to be considered at the mapping stage.
The DR overlay zone allows for destination resort development as a conditional, not an outright
use, and only after a series of extensive and stringent approval processes including conditional
use review, conceptual and final master plan review. See DCC 18.113. These processes
require a complete traffic study based on the proposed development and a demonstration that
the proposal is consistent with the function, capacity and level of service of all affected
transportation facilities. DCC 18.113.070 G. Thus, the application of the DR overlay does not
significantly affect a transportation facility because any development approved under the DR
overlay zone will be approved only after the submission of a traffic study demonstration
compliance with the TPR.
The Oregon Department of State Lands also included a traffic analysis letter from Christopher
Clemow, P.E., P.T.O.E. This letter provides an analysis of the TPR and concludes that the
application of the DR overlay zone to the Property would not have a significant impact under the
TPR.
Deschutes County Finding
The trips from a generation resort are considered for their impact to the transportation system at
the conceptual site plan level when the broad basics of a specific proposal (number of
residential units, types of residential units, size and type of any commercial units, type and size
of recreational amenities, etc.) and its location are known. Without such background
information, a destination resort’s potential traffic impacts cannot be determined. As a DR
overlay zone does not result in any actual development, but merely establishes a precondition
for development, no destination resort traffic can be generated. Thus the land would only
generate trips based on the pre-existing underlying designation, which is typically farm or forest.
Farm and forest lands generate far fewer trips than destination resorts.
The TPR at OAR 660-012-0060(1) requires a plan amendment to determine if there is a
significant affect on an existing transportation facility, which in this case would be OR 126, U.S.
20, and Cline Falls Highway.
The destination resort overlay zone will not result in the change in the functional classification of
either OR 126, a Principal Arterial, U.S. 20 a Principal Arterial, or Cline Falls Highway, a Rural
Arterial. Therefore, the plan amendment complies with OAR 660-012-0060(1)(a).
The applicable mobility standards for the OR 126/Cline Falls Highway interchange and the U.S.
20/Cline Falls interchange will remain those set in the “Oregon Highway Plan” as required by
DCC 17.16.115(H)(2). The applicable mobility standards for affected County roads will be LOS
D as required by DCC 17.16.115(H)(3 and 4). Therefore, the plan amendment complies with
OAR 660-012-0060(1)(b).
As the plan amendment will not result in any changes in the underlying agriculture and/or forest
zoning, the trip generation will remain the same negligible amount after the plan amendment as
it was before the plan amendment. The level of development remains the same nor will the
property’s access change, complying with OAR 660-012-0060(1)(c)(A).
The overlay zone does not reduce the performance of Cline Falls Highway at the end of the
adopted 1998 Deschutes County Transportation System Plan at the end of its 2016 planning
period. The plan amendment therefore complies with OAR 660-012-0060(1)(c)(B).
Page 27 of 32 - Exhibit B to Ordinance 2011-001
In the adopted 1998 TSP at Table 3.3T2, “ODOT 2016 Highway Volume Estimates and LOS
Ranking” listed 37 highway segments. U.S. 20 at Cline Falls Highway was forecast to exceed
the then-Level of Service (LOS) requirements of ODOT by 2016.. OR 126 at Cline Falls
Highway was not forecast to fail in 2016. In 1998 ODOT required LOS C for what were called
Statewide Level of Importance, rural roads. Therefore, this would be a significant effect as
defined by OAR-660-012-0060(1)(c)(C) for U.S. 20/Cline Falls Highway. However, Figure
5.2.F2, “ODOT Projected Interchanges,” indicated the intersection of U.S. 20/Cline Falls
Highway will be the location of an interchange. ODOT is currently in the middle stages of
project development for this facility; the planning project is in the 2008-11 “Statewide
Transportation Improvement Program” (STIP). Therefore, the County has identified the
mitigation as required under OAR 660-012-0060(2)(b).
In 1999, ODOT updated its Oregon Highway Plan, changing from LOS mobility standards to
volume/capacity (v/c) ratios. Deschutes County is now updating its TSP and the July 12, 2010,
Technical Memo #3, “2030 Future Traffic Conditions” at Table 1 forecasts the segment of OR
126 from Cline Falls Highway ramps to Helmholtz Way will exceed the required v/c standard at
the end of the planning horizon, which is 2030. Similarly, the segment of U.S. 20 from Gerking
Market Road to O.B. Riley will also exceed the required v/c standard.
Table 2 of Technical Memo #3 forecasts Cline Falls Highway will exceed Deschutes County’s
LOS from Nutcracker Drive to the OR 126 ramps in 2030. The segment of Cook Avenue from
U.S. 20 to Cline Falls Highway meets the LOS standard.
Table 3 of Technical Memo #3 indicates the intersection of Cook Avenue/U.S. 20 will fail.
In the adopted TSP, Figure 5.2.F1, “ODOT Projected Lane Additions,” indicates additional lanes
on OR 126 in the vicinity of the Cline Falls Highway interchange and Figure 5.2.F2, “ODOT
Projected Interchanges,” indicates a future interchange at U.S. 20/Cook Avenue.
The January 10, 2011, Technical Memo #4 “Mitigation Alternatives Analysis,” indicates on Table
1 the proposed mitigations for OR 126, U.S. 20, and Cline Falls Highway. For OR 126,
additional lanes are proposed in the vicinity of the interchange. For U.S. 20/Cook Avenue,
Table 1 defers to the long-term solution currently being developed by ODOT. For Cline Falls
Highway, Table 1 indicates disconnecting Nutcracker Drive from Cline Falls Highway ,which is a
local road just south of the OR 126 interchange. While the TSP Update is not yet adopted, the
proposed improvement remains consistent with the 1998 acknowledged plan. Therefore, the
County has identified the mitigation as required under OAR 660-012-0060(2)(b). Further, the
plan amendment is merely an overlay zone that does not result in any changes in trip
generation as the underlying agricultural/forest zoning remains unaffected.
The County’s development code ensures the TPR will be satisfied as specific destination resorts
are proposed. The County’s development code at 17.16.115(C)(4) determines the scope and
complexity of traffic studies based on the trip generation of a proposed land use. Destination
resorts are specifically required under 17.16.115(E)(4) to analyze affected transportation
facilities over a 20-year timeline. At 17.16.115(H) the County sets performance standards for
transportation facilities and 17.16.115(I) requires developments to mitigate their effects. These
requirements mirror the TPR.
The County is in the process of updating its Transportation System Plan (TSP). Preliminary
technical results indicate that in 2030 traffic volumes are sufficiently high under existing zoning
and that the intersection of OR 126/Cline Falls Highway will not meet the mobility standards set
by the Oregon Highway Plan (OHP). The County and ODOT recognize that while the DR
Page 28 of 32 - Exhibit B to Ordinance 2011-001
overlay zone will not change current trip generation rates, the applicant will need to address
mitigation for this and any other affected intersections as part of the conceptual master plan,
Deschutes County Destination Resort Overlay Zone, DCC 18.113.
Senate Bill 1031
The Oregon Legislature in 2010 enacted SB 1031 and added the following provision to ORS
197.455:
197.455. (1) A destination resort [must be sited] may be sited only on lands mapped as
eligible for destination resort siting by the affected county. The county may not allow
destination resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of
the following areas:
(f) On a site in which the lands are predominantly classified as being in Fire Regime
Condition Class 3, unless the county approves a wildfire protection plan that
demonstrates the site can be developed without being at a high overall risk of fire.
Deschutes County has seven community wildfire protection plans (CWPPs) that address the
entire county. Fire regime and condition class 3 are addressed by each CWPP. Deschutes
County complies with ORS 197.455(1)(f) by applying FireWise standards in the project design
for the life of the destination resort. This approach has worked with previous resorts (i.e.
Caldera Springs, Tetherow). As these areas come to the Community Development Department
as a project proposal, destination resort requirements [DCC 18.113.050(B)(14); DCC
18.113.070(H)(I)(R)] of FireWise address the risk of wildfire because Deschutes County is able
to not only require developers to build fire resistant structures correctly with corresponding
roads, construction and infrastructure, but FireWise requires maintenance of woody materials
and other potential fuels.
9. Statewide Planning Goals.
The parameters for evaluating these specific amendments are based on an adequate factual
base and supportive evidence demonstrating consistency with statewide planning goals. The
following findings demonstrate that Ordinances 2011-001 and 002 comply.
Goal 1, Citizen Involvement was met through this adoption process because these
amendments will receive two public hearings, one before the County Planning Commission, the
County’s citizen review board for land use matters, and one before the Board.
Goal 2, Land Use Planning was met because ORS 197.455(2) allows for such an amendment
process. Additionally, the amendments mirror the statutory requirements that destination
resorts not be sited on specific types of farm and forest land, Open Space and Conservation
zoned land, and in areas where wildlife is protected. Thus, the provisions will not conflict with
Goal 3, Agricultural Lands, and Goal 4. Forest Lands, and Goal 5, Natural Resources, Scenic
and Historic Areas, and Open Spaces.
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces pertaining to Goal
5 historic resources, the County’s regulations already require preservation of those sites
regardless of the use proposed for any given property.
Goal 6 Air, Water and Land Resources Quality and Goal 7, Natural Hazards are met
because the County has other code provisions in the Destination Resort Zoning Code, DCC
Page 29 of 32 - Exhibit B to Ordinance 2011-001
Chapter 18.113 that are designed to protect the air, water and land resources quality and to
assure that they are not approved in areas subject to natural resources and natural hazards.
Goal 8, Recreational Needs specifies the rural areas consisting of agricultural, forest, rural
development, and natural resources that are eligible for siting destination resorts.25 According
to the Comprehensive Plan, the numerous beneficial impacts of destination resorts are
recognized by Statewide Planning Goal 8 and by implementing statutes.
With the exception of one ineligible tax lot (151200-00-05101) proposed by the Oregon
Department of State Lands, the three map amendment applications comply with Goal 8. Goal 8
requires a destination resort to be on a site 160 acres or more, therefore tax lot 151200-00-
05101 does not comply because it is an isolated 40 acre parcel. Deschutes County Destination
Resort Zone requires all destination resorts to have a minimum of 160 contiguous acres of
land.26 This chapter was found as part of periodic review to be in compliance with the County’s
comprehensive plan and statewide planning goals.
Goal 9, Economic Development is met because the map amendments will expand the
opportunities for more destination resorts, which are a source of economic development by
providing jobs in the construction and service industries. In fact, the initial reason decades ago
the legislature allowed destination resorts in rural areas was to provide a means of economic
development particularly in areas such as Central Oregon where farm and forest lands were not
as productive as other areas in the state.
Goal 10, Housing is met even though the County is generally not subject to housing
requirements because these destination resorts do provide additional housing, albeit, generally
in the higher end range.
Goal 11, Public Facilities is not applicable to destination resorts because destination resorts
are specifically allowed urban-type services such as sewer and water.
Goal 12, Transportation complies with this goal as discussed previously in the sections
regarding the Transportation Planning Rule. Goal 12 is the Transportation Planning Rule.
Goal 13, Energy Conservation is also addressed through the destination resort zoning code,
DCC Chapter 18.113. This specific chapter requires destination resorts during the conceptual
master plan (CMP) process to prepare utility and water conservation plans.27 Furthermore, the
planning director or hearings body during the CMP process must find that the minimum
dimensional standards are adequate to satisfy the intent of the comprehensive plan relating to
solar access (DCC 18.113.060(G)(1)).
Goal 14, Urbanization is not applicable to destination resort map amendments because, while
destination resorts are built and operated much like an urban area could be, they are specifically
allowed in rural areas with some additional requirements.
Goals 15 through 19 are not applicable to any amendments to the County’s comprehensive
plan because the county has none of those types of lands.
25 http://egov.oregon.gov/LCD/docs/goals/goal8.pdf
26 See note 20.
27 DCC 18.113.050(B)(5) and (11c)
Page 30 of 32 - Exhibit B to Ordinance 2011-001
10. Consistency with Deschutes County Comprehensive Plan
Deschutes County’s Destination Resort Goal, DCC 23.84.020, provides 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. As demonstrated above, Deschutes County’s map
amendments, with the exception of one ineligible tax lot (151200-00-05101) proposed by the
Oregon Department of State Lands, comply with the statewide planning goals by continuing to
protect certain agricultural and forest lands, and acknowledged Goal 5 natural resources.
Therefore, because the County’s comprehensive plan was adopted to comply with those goals
and had been acknowledged as such, the new map amendments also comply with the County’s
comprehensive plan policies and goals, which are rarely more restrictive than the statewide
planning goals.
Lastly, destination resort map amendments represent only the first of several steps for a
property to become entitled and developed as a destination resort. The Deschutes County
Destination Resort Overlay Zone, DCC 18.113 specifies an extensive burden of proof for an
applicant seeking conceptual master plan as well as final master plan approval. That chapter
was found years ago to be in compliance with the County’s comprehensive plan and, as stated
above, provides many of the protections required by the County’s Comprehensive Plan policies.
11. Conclusion
Pine Forest Development LLC
Based on the findings stated above, Pine Forest Development LLC demonstrates that tax lot
201100-00-00103 can be added to Deschutes County’s Destination Resort Maps cited in DCC
Titles 23 and 18.
Belveron Real Estate LLC and Vandevert Road LLC
Based on the findings stated above, Belveron Real Estate LLC and Vandevert Road LLC
demonstrate that tax lots 201100-00-00104 and 201100-00-00105 can be added to Deschutes
County’s Destination Resort Maps cited in DCC Titles 23 and 18.
Oregon Department of State Lands
The Board of County Commission by adopting Ordinance 2010-024, adopted a specific criterion
that enabled property owners under one or multiple ownerships that are contiguous and total
160 acres or greater to become eligible for adding lands to the County’s destination resort map.
By being contiguous, tax lots 151200-00-05102, 151200-00-05103, 151200-00-05104, 151200-
00-05200, and 151200-00-05300 constitute one site, totaling 360 acres. These tax lots comply
with this criterion and can be added to Deschutes County’s Destination Resort Maps cited in
DCC Titles 23 and 18.
Tax lot 151200-00-05101 does not qualify because as a noncontiguous tax lot, tax lot 151200-
00-5101 constitutes a separate 40 acre site. Deschutes County Destination Resort
comprehensive plan and zoning code requires all destination resorts to have a minimum of 160
contiguous acres of land. It therefore does not qualify since the tax lot is less than 160 acres.
The purpose of the county addition of the 160-ac requirement at the mapping stage was to
assure that each application for remapping consisted of 160 acres so that areas that could meet
Page 31 of 32 - Exhibit B to Ordinance 2011-001
the 160-ac requirement in ORS 197.445 were mapped as opposed to several, disconnected
small parcel around the county
Page 32 of 32 - Exhibit B to Ordinance 2011-001