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Community Development Department
Planning Division Building Safety Division Environmental Soils Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
Deschutes County BOCC
Will Groves, Senior Planner
March 19,2013
March 25, 2013
TA -12-3, Title 19 Destination Resort Overnight Ratio Public Hearing
SUMMARY
Weston Investment CO. LLC has applied for text amendments to the Deschutes County Code
(DCC) to change the ratio of required overnight lodging to residential units for Destination
Resorts in the Bend Urban Area, case file Text Amendment (TA)-12-3. Before 2003,
Destination Resorts were required by state law to provide 1 overnight lodging unit for every 2
individually owned lots in the resort (2:1 ratio). The text amendment would allow 2.5 individually
owned lots for each overnight lodging unit in Bend Urban Area destination resorts, as allowed
under ORS 197.445(b) since 2003. A draft of the proposed amendment is attached to this
memorandum.
On February 28, the Planning Commission voted 4-3 to recommend the Board of County
Commissioners approve the proposed text amendments, subject to developing findings under
Goal 12 and the Transportation Planning Rule with Staff. Staff believes that suitable findings
have been developed in coordination with the applicant.
Please note that Staff has received an application for a parallel amendment to DCC Title 18 to
change the destination resort overnight ratio to 2.5: 1 in the rest of the County, outside of the
Bend Urban Area. That amendment (TA-13-1) is scheduled for Planning Commission
deliberations on March 28, 2013. A motion to recommend approval of TA-13-1 failed on a 3-3
vote on March 14,2013.
Staff seeks BOCC direction on the public hearing process for the two text amendments.
Specifically, should the Title 18 and 19 amendments be coordinated and heard on the same
dates or be heard on separate schedules? The applicants have requested the amendments be
heard separately.. Because these two matters are similar, hearing them on the same schedule
Quality Services Performed 'With Pride
allows ideas developed in either hearing process to be easily applied to the other text
amendment.
However, there are advantages to hearing these matters on separate schedules similar to the
Planning Commission. The impacts of the Title 19 amendment are more geographically
restricted (to the Bend Urban Area), making the analysis and findings somewhat simpler. The
knowledge gained from the Title 19 amendment hearing process may inform the Board's
understanding of this issue as it considers the broader impacts associated with the Title 18
amendments ..
The Title 19 amendments can be scheduled for a public hearing as early as Monday, April 9,
whereas the Planning Commission mayor may not make a recommendation on Thursday,
March 28. If the Commission makes a recommendation on March 28, the earliest a Board
public hearing can be scheduled is April 30 due to staff scheduling conflicts.
ALTERNATIVE COURSES OF BOARD OF COUNTY COMMISSIONERS ACTION
1) Direct Staff to schedule the Title 18 and 19 amendments for hearings before the BDCC
separately and as soon as each amendment is able to be heard (Title 19 on April 9 and
Title 18 on April 30),
2) Direct Staff to coordinate the Title 18 and 19 amendments to be heard on the same
dates (April 30 is the earliest date both amendments can be heard at the same time) ..
ATTACHMENTS:
1. Proposed Amendments to DCC Chapter 19.04, Title, Purpose, Compliance and Definitions.
2. Proposed Amendments to DCC Chapter 19.106, Destination Resorts.
PAGE 1 OF 2 - ORDINANCE NO. 2013-003
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
19.04.040 and 19.106.060(D), to Change the Ratio of
Overnight to Residential Units in Destination Resorts.
*
*
*
ORDINANCE NO. 2013-003
WHEREAS, Weston Investment Co. LLC applied for a text amendment to Deschutes County Code
(“DCC”) Title 19, Section 19.04.040, Definitions and Section 19.106.060(D), Standards for Destination Resorts,
to change the ratio of overnight to residential units in destination resorts; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
[date of hearing] before the Deschutes County Planning Commission and, on [date of decision] the Planning
Commission recommended approval of the text amendment; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on [date of hearing] and concluded that the proposed changes are consistent with the County’s
Comprehensive Plan and that the public will benefit from changes to the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 19.04.040, Definitions, is amended to read as described in Exhibit
“A”, attached and incorporated by reference herein, with new language underlined and deleted language set
forth in strikethrough.
Section 2. AMENDMENT. DCC Section 19.106.060(D), Standards for Destination Resorts, is
amended to read as described in Exhibit “B”, attached and incorporated by reference herein, with new language
underlined and deleted language set forth in strikethrough.
/ / /
REVIEWED
______________
LEGAL COUNSEL
PAGE 2 OF 2 - ORDINANCE NO. 2013-003
Section 3. FINDINGS. The Board adopts as its findings in support of this decision, Exhibit “C”,
attached and incorporated by reference herein.
Dated this _______ of ___________, 2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
______________________________________
ALAN UNGER, Chair
______________________________________
TAMMY BANEY, Vice Chair
ATTEST:
______________________________________
Recording Secretary
______________________________________
TONY DEBONE, Commissioner
Date of 1st Reading: _____ day of ____________, 2013.
Date of 2nd Reading: _____ day of ____________, 2013.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Alan Unger ___ ___ ___ ___
Tammy Baney ___ ___ ___ ___
Tony DeBone ___ ___ ___ ___
Effective date: _____ day of ____________, 2013.
Chapter 19.106 1 (10/2001)
Chapter 19.106. DESTINATION RESORTS
19.106.010. Purpose.
19.106.020. Applicability.
19.106.030. Uses in Destination Resorts.
19.106.040. Application Submission.
19.106.050. Requirements for Conditional Use Permit and Conceptual Master Plan Applications.
19.106.060. Standards for Destination Resorts.
19.106.070. Approval Criteria.
19.106.075. Imposition of Conditions.
19.106.080. Procedure for Modification of a Conceptual Master Plan.
19.106.090. Requirements for Final Master Plan.
19.106.100. Procedure for Approval of Final Master Plan.
19.106.110. Provision of Streets, Utilities, Developed Recreational Facilities and Visitor -Oriented
Accommodations.
19.106.120. Conservation Easement to Protect Resource Site.
…
19.106.060. Standards for Destination Resorts.
The following standards shall govern consideration of destination resorts:
A. The destination resort shall, in the first phase, provide for and include as part of the CMP the following
minimum requirements:
1. At least 150 separate rentable units for visitor-oriented lodging;
2. Visitor-oriented eating establishments for at least 100 persons and meeting rooms which provide
eating for at least 100 persons;
3. At least $7 million shall be spent on improvements for on-site developed recreational facilities and
visitor-oriented accommodations exclusive of costs for land, sewer and water facilities and roads.
Not less than one-third of this amount shall be spent on developed recreational facilities. The
spending minimums provided for are stated in 1993 dollars; and
4. The facilities and accommodations required by this DCC 19.106.060 must be physically provided
or financially assured pursuant to DCC 19.106.110 prior to closure of sales, rental or lease of any
residential dwellings or lots.
B. All destination resorts shall have a minimum of 160 contiguous acres of land. Acreage split by public
roads or rivers or streams shall count toward the acreage limit, provided that the CMP demonstrates that
the isolated acreage will be operated or managed in a manner that will be integral to the remainder of
the resort.
C. All destination resorts shall have direct access onto a state, county, or city arterial or collector roadway,
as designated by the Bend Urban Area General Plan.
D. A destination resort shall, cumulatively and for each phase, meet the following minimum requirements:
1. The resort shall have a minimum of 50 percent of the total acreage of the development dedicated to
permanent open space, excluding yards, streets and parking areas. Portions of individual residential
lots and landscape area requirements for developed recreational facilities, visitor-oriented
accommodations or multi-family or commercial uses established by DCC 19.76.080 shall not be
considered open space; and
2. Individually-owned residential units shall not exceed two and one-half such units for each unit of
visitor-oriented overnight lodging constructed or financially assured within the resort. Individually-
owned units shall be considered visitor-oriented lodging if they are available for overnight rental
use by the general public for at least 45 weeks per calendar year through one or more central
reservation and check-in service(s).
Chapter 19.106 2 (10/2001)
E. Phasing. A destination resort authorized pursuant to DCC 19.106.060 may be developed in phases. If a
proposed resort is to be developed in phases, each phase shall be as described in the CMP. Each
individual phase shall meet the following requirements:
1. Each phase, together with previously completed phases, if any, shall be capable of operating in a
manner consistent with the intent and purpose of DCC 19.106 and Goal 8;
2. The first phase and each subsequent phase of the destination resort shall cumulatively meet the
minimum requirements of DCC 19.106.060 and DCC 19.76.070, and;
3. Each phase may include two or more distinct non-contiguous areas within the destination resort.
F. Dimensional standards:
1. The minimum lot area, width, lot coverage, frontage and yard requirements and building heights
otherwise applying to structures in underlying zones and the provisions of DCC 19.88.210 relating
to solar access shall not apply within a destination resort. These standards shall be determined by
the Planning Director or Hearings Body at the time of the CMP. In determining these standards, the
Planning Director or Hearings Body shall find that the minimum specified in the CMP are adequate
to satisfy the intent of the Bend Urban Area General Plan relating to solar access, fire protection,
vehicle access, and to protect resources identified by LCDC Goal 5 which are identified in the Bend
Urban Area General Plan. At a minimum, a 100 foot setback shall be maintained from all streams
and rivers. No lot for a single-family residence shall exceed an overall project average of 22,000
square feet in size.
2. Exterior setbacks and buffers.
a. A destination resort shall provide for the establishment and maintenance of buffers between the
resort and adjacent land uses, including natural vegetation and where appropriate, fences,
berms, landscaped areas, and other similar types of buffers.
b. Exterior setbacks shall also be provided to ensure that improvements and activities are located
to minimize adverse effects of the resort on uses on surrounding lands.
G. Floodplain requirements. The Flood Plain Zone (FP) requirements of DCC 19.72 shall apply to all
developed portions of a destination resort in an FP Zone in addition to any applicable criteria of DCC
19.106. Except for flood plain areas which have been granted an exception to LCDC goals 3 and 4,
Flood Plain Zones shall not be considered part of a destination resort when determining compliance
with the following standards;
1. One hundred sixty acre minimum site;
2. Open space requirements.
A conservation easement as described in DCC Title 19 shall be conveyed to the County for all areas
within a flood plain which are part of a destination resort.
H. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland
shall be a separate conditional use subject to all pertinent requirements of DCC Title 19.
I. Time share units not included in the overnight lodging calculations shall be subject to approval under
the conditional use criteria set forth in DCC 19.100. Time share units identified as part of the
destination resort's overnight lodging units shall not be subject to the time share conditional use criteria
of DCC 19.100.
(Ord. 2013-003 §1; Ord. 99-001 §1, 1999)
…
Chapter 19.04 1 (10/2001)
Chapter 19.04. TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS
19.04.010. Title.
19.04.020. Purpose.
19.04.025. Bend Unincorporated Urban Area.
19.04.030. Compliance with Title Provisions.
19.04.040. Definitions.
…
19.04.040. Definitions.
….
"Destination resort" means a self-contained development that provides for visitor-oriented accommodations
and developed recreational facilities in a setting with high natural amenities. To qualify as a “large
destination resort” under Goal 8, a proposed development must meet the following standards:
A. The resort is located on a site of 160 or more acres;
B. At least 50 percent of the site is dedicated to permanent open space, excluding yards, streets, and
parking areas;
C. A least $7 million (in 1993 dollars) shall be spent on improvements for on-site developed recreational
facilities and visitor-oriented accommodations exclusive of costs for land, sewer and water facilities and
roads. Not less than one-third of this amount shall be spent on developed recreational facilities, and;
D. Visitor-oriented accommodations are provided, including meeting rooms, restaurants with seating for
100 persons and 150 separate rentable units for overnight lodgings. Accommodations available for
residential use shall not exceed two and one-half such units for each unit of overnight lodging.
However, the rentable units overnight lodging units may be phased in as follows:
1. A total of 150 units of overnight lodging shall be provided as follows:
a. At least 75 units of overnight lodging, not including any individually owned homes, lots or
units shall be constructed or guaranteed through surety bonding or equivalent financial
assurance prior to the closure of sale of individual lots or units, and;
b. The remainder of the overnight-lodging units shall be provided as individually owned lots or
units subject to deed restrictions that limit their use to overnight lodging units. The deed
restrictions may be rescinded when the resort has constructed 150 units of permanent overnight
lodging as required by DCC 19.04.040.
2. The number of units approved for residential sale within the resort shall be not more than two and
one-half units for each unit of permanent overnight lodging provided under DCC
19.04.040(D)(1)(a).constructed or financially assured, and;
3. The development approval shall provide for the construction of other required overnight-lodging
units within five years of the initial lot sales.
E. Commercial uses allowed are limited to those types and levels necessary to meet the needs of visitors to
the development. Industrial uses of any kind are not permitted.
…
(Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1, 1996; Ord. 96-071
§1D, 1996; Ord. 95-045 §15, 1995; Ord. 94-027 §§1 & 2, 1994; Ord. 92-043 §1, 1992; Ord. 91-029 §§1, 8,
9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90-007 §1, 1990; Ord. 88-042 §3, 1988;
Chapter 19.04 2 (10/2001)
Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86-033 §1, 1983; Ord. 86-032 §1, 1986; Ord. 86-017 §1
Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 §1 Exhibit A, 1980)