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VJ 1300 NW Wall St., Suite 200, Bend, OR 97701-1960S(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REOUEST & STAFF REPORT
DATE: April 16, 2013
FROM: Will Groves COD Phone # 541-388-6518
TITLE OF AGENDA ITEM:
Public Hearing on Ordinance No. 2013-008 Amending Deschutes County Code 18.04.030 and 18.113,
to Change the Ratio ofOvernight to Residential Units in Destination Resorts.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
Pronghorn Intangibles LLC has applied for text amendments to the Deschutes County Code (DCC) to
change the ratio of required overnight lodging to residential units for Destination Resorts outside the
Bend Urban Area, case file Text Amendment (TA)-13-l. Before 2003, Destination Resorts were
required by state law to provide I 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 I 97.445(b) and Goal 8
since 2009. A draft of the proposed amendment is attached to this memorandum.
On March 28, the Planning Commission cast a split vote (3-3) on whether to recommend the Board of
Comty Commissioners approve the proposed text amendments.
The applicant has submitted a request that this ordinance be adopted by emergency. The applicant is
eager to begin constructing overnight units this building season. However, planning for the number of
overnight units to be developed and the preparation of associated architectural plans depends on the
final adoption ofthe proposed amendment.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Hold the public hearing.
A TIENDANCE: Nick Lelack, Laurie Craghead, Will Groves
DISTRIBUTION OF DOCUMENTS:
Will Groves, Legal
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
To: Deschutes County BOCC
From: Will Groves, Senior Planner
Date: April 8, 2013
Hearing: Apri129,2013
Re: TA-13-1, Title 18 Destination Resort Overnight Ratio Public Hearing
SUMMARY
Pronghorn Intangibles LLC has applied for text amendments to the Deschutes County Code
(DCC) to change the ratio of required overnight lodging to residential units for Destination
Resorts outside the Bend Urban Area, case file Text Amendment (TA)-13-1. 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) and Goal 8 since 2009. A draft of the proposed amendment is attached
to this memorandum.
On March 28, the Planning Commission cast a split vote (3-3) on whether to recommend the
Board of County Commissioners approve the proposed text amendments. The video of the PC
deliberations are available online 1
• Commissioners in favor of the amendment emphasized the
economic benefits destination resorts bring to Deschutes County. They expressed support for
providing resorts with additional development flexibility allowed under the proposed ratio and felt
that the proposed text amendment would likely reduce off-site impacts from resorts without any
significant on-site impacts.
Commissioners in opposition to the amendment expressed concern that 1) resorts have been
already granted too much flexibility in meeting their obligations to provide overnight units, 2)
facilitating residential development in resorts would increase their water demand and water
pollution impacts, 3) the amendment would lower a barrier to entry for future resorts, 4)
resources should be directed to improving infrastructure for existing lots, rather than allowing
I http://deschutes.graniclL,<;.comNiewPublisher.php?view id=5
Quality Services Perfonned with Pride
additional new residential lots, and 5) the amendment would increase the residential use of
destination resorts at the expense of tourist oriented overnight lodgings.
The applicant has submitted a request that this ordinance be adopted by emergency. The
applicant is eager to begin constructing overnight units this building season. However, planning
for the number of overnight units to be developed and the preparation of associated
architectural plans depends on the final adoption of the proposed amendment.
A public hearing on this matter is scheduled on April 29, preceded by a work session on April
24.
Please note that a parallel amendment to DCC Title 19 to change the destination resort
overnight ratio to 2.5:1 inside of the Bend Urban Area was heard at BOCC Hearing on April 15.
2013.
ATTACHMENTS:
1. Proposed Ordinance 2013-008.
2. Proposed Amendments to DCC Chapter 18.04, Definitions.
3. Proposed Amendments to DCC Chapter 18.113, Destination Resorts.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code *
18.04 and 18.113 to Change the Ratio of Overnight to * ORDINANCE NO. 2013-008
Residential Units in Destination Resorts and *
Declaring an Emergency. *
WHEREAS, Pronghorn Intangibles LLC applied for a text amendment to Deschutes County Code
("DCC") Title 18, Section 18.04, DefInitions and Section 18.113, Destination Resorts Zone, to change the ratio
of overnight to residential units in destination resorts; and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
March 14, 2013 before the Deschutes County Planning Commission and, on March 28, 2013 the vote of the
Planning Commission was a 3-3-split vote resulting in no recommendation being forwarded to the Board of
County Commissioners ("Board"); and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 29, 2013 and
concluded that the proposed changes are consistent with the County's Comprehensive Plan and that the public
will benefIt from changes to the land use regulations; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04, DefInitions, is amended to read as described in Exhibit "A",
attached and incorporated by reference herein, with new language underlined and deleted language set forth in
strikeUirougli.
Section 2. AMENDMENT. DCC Section 18.113, Destination Resorts Zone, is amended to read as
described in Exhibit "B", attached and incorporated by reference herein, witb new language underlined and
deleted language set forth in strikethFeugh.
Section 3. FINDINGS. The Board adopts as its fIndings in support of this decision, Exhibit "C",
attached and incorporated by reference herein.
PAGE 1 OF 2 -ORDINANCE NO. 2013-008
/II
Section 4. EMERGENCY. This ordinance being necessary for the immediate preservation
of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect
on its passage.
Dated this ___ ___--'2013 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ATTEST:
Recording Secretary ANTHONY DEBONE, Commissioner
Date of 1st Reading: __day of _____,' 2013.
Date of 2nd Reading: __day of _____, 2013.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Alan Unger
Tammy Baney
Anthony DeBone
Effective date: __day of _____,' 2013.
PAGE 2 OF 2 -ORDINANCE NO. 2013-008
**** Denotes text not amended by Ordinance 2013-008
18.04.030. Definitions.
****
"Destination resort" means a self-contained development providing visitor-oriented
accommodations and developed recreational facilities in a setting with high natural amenities. To
qualify as a "major destination resort" under Goal 8, a proposed development must meet the
following standards:
A. The resort is located on a site of 160 or more acres.
B. At least 50 percent of the site is dedicated to permanent open space, excluding yards, street and
parking areas.
C. At least $7,000,000 (in 1993 dollars) is spent in the first phase on improvements for on-site
developed recreational facilities and visitor-oriented accommodations, exclusive of costs for
land, sewer and water facilities and roads. Not less than one-third of this amount shall be spent
on developed recreational facilities.
D. Developed recreational facilities and key facilities intended to serve the entire development and
visitor-oriented accommodations must be constructed or, where permitted by DCC 18.113,
guaranteed through surety bonding or substantially equivalent fmancial assurances prior to
closure of sale of individual lots or units. In phased developments, developed recreational
facilities and other key facilities intended to serve a particular phase shall be constructed prior
to sales in that phase or guaranteed through surety bonding.
E. Visitor-oriented accommodations are provided, including meeting rooms, restaurants with
seating for 100 persons, and 150 separate rentable units for overnight lodgings as described in
DCC 18.113.060(A). Accommodations available for residential use will not exceed two and
one-half such units for each unit of overnight lodging.
F. Commercial uses limited to those types and levels necessary to meet the needs of visitors to the
development. Industrial uses are not permitted.
****
(Ord. 2013-008 §l, 2013; Ord. 2012-007 §1, 2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §l,
2011; Ord. 2010-022 §l, 2010; Ord. 2010-018 §3, 2010, Ord. 2008-007 §1, 2008; Ord. 2008-015
§1, 2008; Ord. 2007-005 §1, 2007; Ord. 2007-020 §1, 2007; Ord. 2007-019 §1, 2007; Ord. 2006
008 §1, 2006; Ord. 2005-041 §1, 2005; Ord. 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord.
2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001;
Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997;
Ord. 96-082 §1, 1996; Ord. 96-003 §2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §l, 1975; Ord.
95-007 §1, 1995; Ord. 95-001 §1, 1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994;
Ord. 94-038 §3, 1994; Ord. 94-008 §§1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1, 2, and 3,
1994; Ord. 93-043 §§1, lA and IB, 1993; Ord. 93-038 §1, 1993; Ord. 93-005 §§1 and 2, 1993;
Ord. 93-002 §§1, 2 and 3, 1993; Ord. 92-066 §1, 1992; Ord. 92-065 §§1 and 2, 1992; Ord.
92-034 §1, 1992; Ord. 92-025 §1, 1992; Ord. 92-004 §§l and 2, 1992; Ord. 91-038 §§3 and 4,
1991; Ord. 91-020 § 1, 1991; Ord. 91-005 § 1, 1991; Ord. 91-002 § 11, 1991; Ord. 90-014 §2,
1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989; Ord. 88-050 §3, 1988; Ord. 88-030 §3, 1988;
Ord. 88-009 §1, 1988; Ord. 87-015 §l, 1987; Ord. 86-056 §2, 1986; Ord. 86-054 §1, 1986; Ord.
86-032 § 1, 1986; Ord. 86-018 § 1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 § 1, 1984; Ord. 83
037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1, 1982)
Pagel of 1 -EXHIBIT A TO ORDINANCE 2013-008
18.113.050. Requirements for Conditional Use Permit and Conceptual Master Plan
Applications.
The CMP provides the framework for development of the destination resort and is intended to ensure that
the destination resort meets the requirements of DeC 18.113. The CMP application shall include the
following information:
A. Dlustrations and graphics to scale, identifying:
1. The location and total number of acres to be developed as a planned destination resort;
2. The subject area and all land uses adjacent to the subject area;
3. The topographic character of the site;
4. Types and general location of proposed development uses, including residential and commercial
uses;
5. Major geographic features;
6. Proposed methods of access to the development, identifying the main vehicular circulation system
within the resort and an indication of whether streets will be public or private;
7. Major pedestrian, equestrian and bicycle trail systems;
8. Important natural features of the site, including habitat of threatened or endangered species,
streams, rivers, wetlands and riparian vegetation within 200 feet of streams, rivers and wetlands.
9. All uses proposed within landscape management corridors identified by the comprehensive plan or
zoning ordinance.
10. The location and number of acres reserved as open space, buffer area, or common area. Areas
designated as "open space," "buffer area," or "common area" should be clearly illustrated and
labeled as such;
11. All proposed recreational amenities;
12. Proposed overall density.
B. Further information as follows:
1. A description of the natural characteristics of the site and surrounding areas, including a description
of resources and the effect of the destination resort on the resources; methods employed to mitigate
adverse impacts on resources; analysis of how the overall values of the natural features of the site
will be preserved, enhanced or utilized in the design concept for the destination resort; and a
proposed resource protection plan to ensure that important natural features will be protected and
maintained. Factors to be addressed include:
a. Compatibility of soil composition for proposed development( s) and potential erosion hazard;
b. Geology, including areas of potential instability;
c. Slope and general topography;
d. Areas subject to flooding;
e. Other hazards or development constraints;
f. Vegetation;
g. Water areas, including streams, lakes, ponds and wetlands;
h. Important natural features;
1. Landscape management corridors;
j. Wildlife.
2. A traffic study which addresses (1) impacts on affected County, city and state road systems and (2)
transportation improvements necessary to mitigate any such impacts. The study shall be submitted
to the affected road authority (either the County Department of Public Works or the Oregon
Department of Transportation, or both) at the same time as the conceptual master plan and shall be
prepared by a licensed traffic engineer to the minimum standards of the road authorities.
3. A description of how the proposed destination resort will satisfy the standards and criteria of DeC
18.113.060 and 18.113.070;
4. Design guidelines and development standards defming visual and aesthetic parameters for:
a. Building character;
Page 1 of7 -EXHffiIT B TO ORDINANCE 2013-008
b. Landscape character;
c. Preservation of existing topography and vegetation;
d. Siting of buildings; and
e. Proposed standards for minimum lot area, width, frontage, lot coverage, setbacks and building
heights.
5. An open space management plan which includes:
a. An explanation of how the open space management plan meets the minimum standards of DeC
18.113 for each phase of the development;
b. An inventory of the important natural features identified in the open space areas and any other
open space and natural values present in the open space;
c. A set of management prescriptions that will operate to maintain and conserve in perpetuity any
identified important natural features and other natural or open space values present in the open
space;
d. Deed restrictions that will assure that the open space areas are maintained as open space in
perpetuity.
6. An explanation of public use of facilities and amenities on the site.
7. A description of the proposed method of providing all utility systems, including the location and
sizing of the utility systems;
8. A description of the proposed order and schedule for phasing, if any, of all development including
an explanation of when facilities will be provided and how they will be secured if not completed
prior to closure of sale of individual lots or units;
9. An explanation of how the destination resort has been sited or designed to avoid or minimize
adverse effects or conflicts on adjacent lands. The application shall identify the surrounding uses
and potential conflicts between the destination resort and adjacent uses within 660 feet of the
boundaries of the parcel or parcels upon which the resort is to be developed. The application shall
explain how any proposed buffer area will avoid or minimize adverse effects or conflicts;
10. A description of the proposed method for providing emergency medical facilities and services and
public safety facilities and services including fire and police protection;
11. A study prepared by a hydrologist, engineering geologist or similar professional certified in the
State of Oregon describing:
a. An estimate of water demands for the destination resort at maximum buildout, including a
breakdown of estimated demand by category of consumption, including but not limited to
residential, commercial, golf courses and irrigated common areas;
b. Availability of water for estimated demands at the destination resort, including (I)
identification of the proposed source; (2) identification of all available infonnation on ground
and surface waters relevant to the determination of adequacy of water supply for the destination
resort; (3) identification of the area that may be measurably impacted by the water used by the
destination resort (water impact area) and an analysis supporting the delineation of the impact
area; and (4) a statistically valid sampling of domestic and other wells within the impact area;
c. A water conservation plan including an analysis of available measures which are commonly
used to reduce water consumption. This shall include a justification of the chosen water
conservation plan. The water conservation plan shall include a wastewater disposal plan
utilizing beneficial use of reclaimed water to the maximum extent practicable.
For the purposes of DCe 18.113.050, beneficial uses shall include, but are not limited to:
i. Irrigation of golf courses and greenways;
ii. Establishment of artificial wetlands for wildlife habitation.
12. An erosion control plan for all disturbed land, as required by ORS 468. This plan shall include
stonn and melt water erosion control to be implemented during all phases of construction and
pennanent facilities or practices for the continuing treatment of these waters. This plan shall also
explain how the water shall be used for beneficial use or why it cannot be used as such;
13. A description of proposed sewage disposal methods;
Page 2 of7 -EXHIBIT B TO ORDINANCE 2013-008
14. Wildfire prevention, control and evacuation plans;
15. A description of interim development including temporary structures related to sales and
development;
16. Plans for owners' associations and related transition of responsibilities and transfer of property;
17. A description of the methods of ensuring that all facilities and common areas within each phase will
be established and will be maintained in perpetuity;
18. A survey of housing availability for employees based upon income level and commuting distance;
19. An economic impact and feasibility analysis of the proposed development prepared by a qualified
professional economist(s) or financial analyst(s) shall be provided which includes:
a. An analysis which addresses the economic viability of the proposed development;
b. Fiscal impacts of the project including changes in employment, increased tax revenue, demands
for new or increased levels of public services, housing for employees and the effects of loss of
resource lands during the life of the project.
20. A solid waste management plan;
21. A description of the mechanism to be used to ensure that the destination resort provides an adequate
supply of overnight lodging units to maintain compliance with the 150-unit minimum and 2 and
one-half to 1 ratio set forth in DCC 18.1 13.060(D)(2). The mechanism shall meet the requirements
ofDCC 18.113.060(L);
22. If the proposed destination resort is in a SMIA combining zone, DCC 18.56 shall be addressed;
23. If the proposed destination resort is in an LM combining zone, DCC 18.84 shall be addressed;
24. A survey of historic and cultural resources inventoried on an acknowledged Goal 5 inventory;
25. Other information as may reasonably be required by the Planning Director to address the effect of
the proposed development as related to the requirements ofDCC Title 18.
(Ord. 2013-008 §2. Ord. 2007-005 §2, 2007; Ord. 92-004 §13, 1992)
18.113.060. Standards for Destination Resorts.
The following standards shall govern consideration of destination resorts:
A. The destination resort shall, in the first phase, provide for and include as part of the CMP the following
minimum requirements:
1. At least 150 separate rentable units for visitor-oriented overnight lodging as follows:
a. The first 50 overnight lodging units must be constructed prior to the closure of sales, rental or
lease ofany residential dwellings or lots.
b. The resort may elect to phase in the remaining 100 overnight lodging units as follows:
l. At least 50 of the remaining 100 required overnight lodging units shall be constructed or
guaranteed through surety bonding or equivalent financial assurance within 5 years of the
closure of sale of individual lots or units, and;
n. The remaining 50 required overnight lodging units shall be constructed or guaranteed
through surety bonding or equivalent fmancial assurance within 10 years of the closure of
sale of individual lots or units.
iii. If the developer of a resort guarantees a portion of the overnight lodging units required
under subsection 18.113.060(A)(l)(b) through surety bonding or other equivalent fmancial
assurance, the overnight lodging units must be constructed within 4 years of the date of
execution of the surety bond or other equivalent fmancial assurance.
iv. The 2: I accommodation ratio required by OCC 18.1 13.060(D)(2) must be maintained at all
times.
c. If a resort does not chose to phase the overnight lodging units as described in
18.113.060(A)(1)(b), then the required 150 units of overnight lodging must be constructed prior
to the closure of sales, rental or lease of any residential dwellings or lots.
2. Visitor-oriented eating establishments for at least 100 persons and meeting rooms which provide
seating for at least 100 persons.
Page 3 of7 -EXHffiIT B TO ORDINANCE 2013-008
3. The aggregate cost of developing the overnight lodging facilities, developed recreational facilities,
and the eating establishments and meeting rooms shall be at least $ 7,000,000 (in 1993 dollars).
4. At least $ 2,333,333 of the $7,000,000 (in 1993 dollars) total minimum investment required by
DCC 18.113.060(A)(3) shall be spent on developed recreational facilities.
5. The facilities and accommodations required by DCC 18.113.060(A)(2) through (4) must be
constructed or financially assured pursuant to DCC 18.113.110 prior to closure of sales, rental or
lease of any residential dwellings or lots or as allowed by DCC 18.113.060(A)(1).
B. All destination resorts shall have a minimum of 160 contiguous acres of land. Acreage split by public
roads or rivers or streams shall count toward the acreage limit, provided that the CMP demonstrates that
the isolated acreage will be operated or managed in a manner that will be integral to the remainder of
the resort.
C. All destination resorts shall have direct access onto a state or County arterial or collector roadway, as
designated by the Comprehensive Plan.
D. A destination resort shall, cumulatively and for each phase, meet the following minimum requirements:
1. The resort shall have a minimum of 50 percent of the total acreage of the development dedicated to
pennanent open space, excluding yards, streets and parking areas. Portions of individual residential
lots and landscape area requirements for developed recreational facilities, visitor-oriented
accommodations or multi-family or commercial uses established by DCC 18.124.070 shall not be
considered open space;
2. Individually-owned residential units that do not meet the defInition of overnight lodging in DCC
18.04.030 shall not exceed two and one-half such units for each unit of visitor-oriented overnight
lodging. Individually-owned units shall be considered visitor-oriented lodging if they are available
for overnight rental use by the general public for at least 38 weeks per calendar year through one or
more central reservation and check-in service(s) operated by the destination resort or by a real estate
property manager, as defmed in ORS 696.010.
a. The ratio applies to destination resorts which were previously approved under a different
standard.
E. Phasing. A destination resort authorized pursuant to DCC 18.113.060 may be developed in phases. If a
proposed resort is to be developed in phases, each phase shall be as described in the CMP. Each
individual phase shall meet the following requirements:
1. Each phase, together with previously completed phases, if any, shall be capable of operating in a
manner consistent with the intent and purpose of DCC 18.113 and Goal 8.
2. The first phase and each subsequent phase of the destination resort shall cumulatively meet the
minimum requirements ofDCC 18.113.060 and DCC 18.113.070.
3. Each phase may include two or more distinct noncontiguous areas within the destination resort.
F. Destination resorts shall not exceed a density of one and one-half dwelling units per acre including
residential dwelling units and excluding visitor-oriented overnight lodging.
G. Dimensional Standards:
1. The minimum lot area, width, lot coverage, frontage and yard requirements and building heights
otherwise applying to structures in underlying zones and the provisions of DCC 18.116 relating to
solar access shall not apply within a destination resort. These standards shall be determined by the
Planning Director or Hearings Body at the time of the CMP. In determining these standards, the
Planning Director or Hearings Body shall fmd that the minimum specified in the CMP are adequate
to satisfy the intent of the comprehensive plan relating to solar access, fire protection, vehicle
access, visual management within landscape management corridors and to protect resources
identified by LCDC Goal 5 which are identified in the Comprehensive Plan. At a minimum, a 100
foot setback shall be maintained from all streams and rivers. Rimrock setbacks shall be as provided
in DCC Title 18. No lot for a single-family residence shall exceed an overall project average of
22,000 square feet in size.
2. Exterior setbacks.
Page 4 of7 -EXHIBIT B TO ORDINANCE 2013-008
a. Except as otheIWise specified herein, all development (including structures, site-obscuring
fences of over three feet in height and changes to the natural topography of the land) shall be
setback from exterior property lines as follows:
i. Three hundred fifty feet for commercial development including all associated parking
areas;
11. Two hundred fifty feet for multi-family development and visitor-oriented accommodations
(except for single-family residences) including all associated parking areas;
iii. One hundred fifty feet for above-grade development other than that listed in OCC
18.1 13.060{G){2)(a){i) and (ii);
IV. One hundred feet for roads;
v. Fifty feet for golf courses; and
vi. Fifty feet for jogging trails and bike paths where they abut private developed lots and no
setback for where they abut public roads and public lands.
b. Notwithstanding DCC 18.113.060(G)(2)(a){iii), above-grade development other than that listed
in OCC 18.1 13.060{G)(2)(a){i) and (ii) shall be set back 2S0 feet in circumstances where state
highways coincide with exterior property lines.
c. The setbacks ofDCC 18.113.060 shall not apply to entry roadways and signs.
H. Floodplain requirements. The floodplain zone (FP) requirements of DCC 18.96 shall apply to all
developed portions of a destination resort in an FP Zone in addition to any applicable criteria of DCC
18.1 13. Except for floodplain areas which have been granted an exception to LCOC goals 3 and 4,
floodplain zones shall not be considered part of a destination resort when determining compliance with
the following standards;
1. One hundred sixty acre minimum site;
2. Density of development;
3. Open space requirements.
A conservation easement as described in DCC Title 18 shall be conveyed to the County for all areas
within a floodplain which are part of a destination resort.
I. The Landscape Management Combining Zone (LM) requirements of DCC 18.84 shall apply to
destination resorts where applicable.
1. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland
shall be a separate conditional use subject to all pertinent requirements ofDCC Title 18.
K. Time-share units not included in the overnight lodging calculations shall be subject to approval under
the conditional use criteria set forth in DCC 18.128. Time-share units identified as part of the
destination resort's overnight lodging units shall not be subject to the time-share conditional use criteria
ofOCC 18.128.I L. The overnight lodging criteria shall be met, including the ISO-unit minimum and the 2-1/2 to 1 mtio set
forth in OCC 18.113.060(D)(2).
1. Failure of the approved destination resort to comply with the requirements in DCC
18.113.060(L)(2) through (6) will result in the County declining to accept or process any further
land use actions associated with any part of the resort and the County shall not issue any permits
associated with any lots or site plans on any part of the resort until proof is provided to the County
of compliance with those conditions.
2. Each resort shall compile, and maintain, in perpetuity, a registry ofall overnight lodging units.
a. The list shall identify each individually-owned unit that is counted as overnight lodging.
b. At all times, at least one entity shall be responsible for maintaining the registry and fulfilling
the reporting requirements ofDCC 18.113.060(L)(2) through (6).
c. Initially, the resort management shall be responsible for compiling and maintaining the registry.
d. As a resort develops, the developer shall tmnsfer responsibility for maintaining the registry to
the homeowner association(s). The terms and timing of this transfer shall be specified in the
Conditions, Covenants & Restrictions (CC&Rs).
Page 5 of7 -EXHIBIT B TO ORDINANCE 2013-008
e. Resort management shall notifY the County prior to assigning the registry to a homeowner
association.
f. Each resort shall maintain records documenting its rental program related to overnight lodging
units at a convenient location in Deschutes County, with those records accessible to the County
upon 72 hour notice from the County.
g. As used in this section, "resort management" includes, but is not limited to, the applicant and
the applicant's heirs, successors in interest, assignees other than a home owners association.
3. An annual report shall be submitted to the Planning Division by the resort management or home
owners association(s) each February 1, documenting all of the following as of December 31 of the
previous year:
a. The minimum of 150 permanent units of overnight lodging have been constructed or that the
resort is not yet required to have constructed the 150 units;
b. The number of individually-owned residential platted lots and the number of overnight-lodging
units;
c. The ratio between the individually-owned residential platted lots and the overnight lodging
units;
d. The following information on each individually-owned residential unit counted as overnight
lodging.
i. Who the owner or owners have been over the last year;
ii. How many nights out ofthe year the unit was available for rent;
iii. How many nights out of the year the unit was rented out as an overnight lodging facility
under DCC 18.113;
iv. Documentation showing that these units were available for rental as required.
e. This information shall be public record subject to ORS 192.502(17).
4. To facilitate rental to the general public of the overnight lodging units, each resort shall set up and
maintain in perpetuity a telephone reservation system ..
5. Any outside property managers renting required overnight lodging units shall be required to
cooperate with the provisions of this code and to annually provide rental information on any
required overnight lodging units they represent to the central office as described in DCC
18.1l3.060(L)(2) and (3).
6. Before approval ofeach fmal plat, all the following shall be provided:
a. Documentation demonstrating compliance with the 2-112 to 1 ratio as defmed in DCC
18.113.060(D)(2);
b. Documentation on all individually-owned residential units counted as overnight lodging,
including all of the following:
i. Designation on the plat of any individually-owned units that are going to be counted as
overnight lodging;
ii. Deed restrictions requiring the individually-owned residential units designated as overnight
lodging units to be available for rental at least 38 weeks each year through a central
reservation and check-in service operated by the resort or by a real estate property manager,
as defmed in ORS 696.010;
iii. An irrevocable provision in the resort Conditions, Covenants and Restrictions ("CC&Rs)
requiring the individually-owned residential units designated as overnight lodging units to
be available for rental at least 38 weeks each year through a central reservation and check
in service operated by the resort or by a real estate property manager, as defmed in ORS
696.010;
iv. A provision in the resort CC&R's that all property owners within the resort recognize that
failure to meet the conditions in DCC 18.1 13.060(L)(6)(b)(iii) is a violation of Deschutes
County Code and subject to code enforcement proceedings by the County;
v. Inclusion of language in any rental contract between the owner of an individually-owned
residential unit designated as an overnight lodging unit and any central reservation and
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check-in service or real estate property manager requiring that such unit be available for
rental at least 38 weeks each year through a central reservation and check-in service
operated by the resort or by a real estate property manager, as defmed in ORS 696.010, and
that failure to meet the conditions in DCC 18.113.060(L)(6)(b)(v) is a violation of
Deschutes County Code and subject to code enforcement proceedings by the County.
(Ord. 2013-008 §2, 2012; Ord. 2007-05 §2, 2007; Ord. 92-004 §13, 1992)
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