HomeMy WebLinkAbout92-00292-05046
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Ordinance Amending PL -20, The Deschutes
County Year 2000 Plan, to Adopt a Map to
Allow for the Siting of Destination Resorts
on Certain Lands in Deschutes County and
Declaring an Emergency.
ORDINANCE NO. 92-002
WHEREAS, Deschutes County has an acknowledged
Plan;
WHEREAS, Deschutes County has determined to
Statewide Planning Goal 8; and
REVIEWED
LEGAL COUNSEL
COUNTY, OREGON
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WHEREAS, public hearings have been held consistent with the
requirements of state law on implementing Goal 8 in Deschutes County;
WHEREAS, in implementing Goal 8 it is necessary to amend certain
portions of Ordinance No. PL -20, the Deschutes County Year 2000 Plan;
now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Section 1. Ordinance No. PL -20, the Deschutes County Year 2000
Comprehensive Plan, as amended (Plan), is further amended by the
adoption as a part of the Resource Element of the Plan of a county-
wide map designating certain lands in Deschutes County for the siting
of destination resorts and a series of 8 maps showing portions of the
county -wide map in greater detail. Said county -wide map, labelled
"Deschutes County Comprehensive Plan Destination Resort Map and
Destination Resort Combining Zone Map" has been separately signed by
the Board of County Commissioners on this date and is hereby
incorporated by reference herein. Said detail maps have likewise
each been separately signed on this date and are by this reference
incorporated herein.
Section 2. The Resource Element of Ordinance PL -20, the
Deschutes County Year 2000 Comprehensive Plan, as amended, is further
amended to include the text setting forth the mapping process
supporting adoption of the Deschutes County Destination Resort Map,
attached hereto as Exhibit "A" and by this reference incorporated
herein.
Section 3. The Board of County Commissioners adopts as its
findings and conclusions in support of these amendments the text
attached hereto as Exhibit "A" and by this reference incorporated
herein and the findings set forth as Exhibit "B," attached hereto and
by this reference incorporated herein.
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1 - ORDINANCE NO 92-002 '(� E 7992
MAR
0108 1301
Section 4. 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 day of February, 1992.
BOARD OF C UNTY COMMISSIONERS
OF DES9HU91ES COUNTY, OREGON
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2 - ORDINANCE NO 92-002
0108 1302
EXHIBIT B
Goal 8 and its codification in state law, found at ORS 197.435
et seq. (hereafter collectively referred to as Goal 8) require that
counties adopt a map showing where on rural resource lands
destination resorts can be sited. The map adopted by Deschutes
County as part of its comprehensive plan and zoning ordinance is
shown on the county -wide map labelled "Land Available for Destination
Resorts in Deschutes County" and the series of 8 large scale maps
covering portions of the county -wide map in greater detail
(collectively referred to as "Phase I destination resort map")
accompanying this text.
Goal 8 requires that a county's Goal 8 map not include certain
areas of natural resource significance. Those areas include sites
having significant farm soils or highly productive farms; sites of
high forest productivity; sites with inventoried Goal 5 resources
that the County has chosen to fully protect; and areas of especially
sensitive big game habitat as identified by the Oregon Fish and
Wildlife Department. Counties have the option to go further than the
restrictions of Goal 8 and exclude additional areas from
consideration for destination resort siting.
To aid in developing the County's Goal 8 map, a series of
reference maps was produced showing exception areas where destination
resorts are currently allowed, showing the location of resource lands
that under Goal 8 can not be considered for destination resort
siting, showing lands in public ownership and showing other lands
that for policy reasons the Board of County Commissioners determined
either should not be considered further for destination resort or on
which a decision would be deferred to a later date. The information
on these reference maps, such as zoning boundaries, soils boundaries,
and land ownership boundaries, was digitally scanned from source maps
onto the reference maps.
These maps were produced by Wilsey & Ham Pacific, a contractor
retained by Eagle Crest Partners, Ltd. Eagle Crest's desire to site
a destination resort through the Goal 8 process precipitated the
legislative Goal 8 process. The Board finds that the technology used
in preparing these maps is state of the art. The Board finds that,
based on the technology employed by the contractor that the accuracy
of these maps meets or exceeds hand drawn maps. The only challenge
to the accuracy of these maps during the hearing process was a
question as to whether the maps could be trusted to be objective and
unbiased given that they were prepared by development interests.
Planning staff spot-checked the maps and found the information
presented was an exact representation of the County's current data
base. Based upon this information, the Board has no reason to
believe that these maps are biased in any way. These maps were all
made a part of the record and will be referred to hereafter by the
Exhibit number given them in the public hearing process.
3 - ORDINANCE NO 92-002
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Phased Mapping Sequence and Deferral of Decision on Certain Lands
For reasons that will be discussed below, the Board of County
Commissioners has determined that the mapping of areas where
destination resorts are permitted should occur in a phased sequence.
In Phase I, completed in February 1992, the County has reviewed the
desirability county -wide of siting destination resorts in the
following areas: privately owned lands in the F-1, EFU-320, EFU-801
OS&C, RSR -5, RSR -M, AD, RSC and RI zones. In addition, the County
has reviewed the desirability county -wide of siting destination
resorts on resource land within one (1) mile of established urban
growth boundaries in the county. Finally, the County has determined
the desirability of siting destination resorts on certain EFU-20 and
EFU-40 lands. These lands include unirrigated farm lands (so called
"dry lands") and irrigated lands having less than 40 contiguous acres
in irrigation, or non-contiguous irrigated acres in the same
ownership having less than 60 irrigated acres.
The Board has determined that at this time it should defer
consideration of the County's F-2 and F-3 forest lands and on the
irrigated farm lands not considered in the first phase. The reasons
for this decision relate to the County's ongoing periodic review
process and will be discussed further on in these findings.
There was much public discussion as to whether it is permissible
for the County to complete its Goal 8 destination resort map in a
phased process. The Board finds that the County has developed a data
base on a county -wide basis to identify land areas that under Goal 8
are off limits to destination resort siting. As is discussed further
below, the only Goal 8 exclusions applicable to Deschutes County are
the requirements concerning farmland and wildlife habitat areas.
These areas have been identified on reference Maps 3 and 9. The
areas so mapped have not been included in the Phase I destination
resort map and will not be included in any revised maps resulting
from County consideration of the F-2 and F-3 forest lands and the
remaining EFU-20 and EFU-40 lands. Having identified the lands
required by Goal 8 to be excluded, nothing in the Goal precludes the
County from dividing the County's lands on a county -wide basis into
several different classes and deferring consideration of destination
resort siting for certain of those land classes. The Board finds
that a destination resort map produced in phases satisfies Goal 8 as
to those areas mapped so long as (1) the Goal 8 areas have been
excluded, and (2) the map is sufficiently detailed to determine from
the map a site's eligibility without need of any further map
refinement.
The Board finds (1) that the Goal 8 areas have been excluded, as
is further discussed below, and (2) that the Phase I destination
resort map will allow destination resort siting without requiring
further refinement. The Phase I map includes maps of a scale that
will clearly show which parcels are included. Furthermore, by its
terms, the zoning ordinance adopted as part of this package will
4 - ORDINANCE NO 92-002
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allow destination resorts to be sited only on lands designated by the
DR zone.
Exception Areas
The County currently allows destination resorts to be sited in
areas within certain exception areas - MUA-10 and RR -10 - on the
County's rural lands. The County proposes to continue to allow
destination resorts in such areas. These areas already have an
exception from the resource land goals under the County's
acknowledged comprehensive plan and the use of such lands for
destination resorts need not be justified under the Goal 8 process.
These areas were depicted on reference Map #6, labelled "Rural
Residential Zoning." They are shown on the Phase I destination
resort map, and are therefore available for destination resort
siting.
Other exception areas are generally found in and near the
County's rural service centers, such as Tumalo, Alfalfa, and
Terrebonne. Destination resorts historically have not been allowed
in these areas, and the County finds no reason why this policy should
be changed. Consequently, those areas, referenced on Map #5, are not
shown on the Phase I destination resort map and are therefore not
available for destination resort siting.
Publicly Owned Lands
Much of the rural resource lands in the County lie in public
ownership, mostly federal land administered by the Forest Service or
the Bureau of Land Management. The County has limited regulatory
jurisdiction over such lands. In addition, these lands are not
generally available for private development on the scale of
destination resorts. Accordingly, these lands were excluded from
further consideration. These lands were mapped on Map #2, "Deschutes
County Public Land Ownership," and do not show on the Phase I
destination resort map.
Resource Lands
The Board of County Commissioners made a policy choice to not
include other lands for further consideration as possible destination
resort sites. These lands include lands whose zoning classifications
denote them as having special resource values, including all lands
within the F-1, EFU-320, EFU-80 and OS&C zones. The F-1 zone is
composed of the prime forest areas of the County, virtually all of
which is in public ownership. The EFU-320 lands are range lands in
the eastern part of the County, most of which is involved in large
grazing operations on BLM-owned lands. They also include areas
having significant wildlife values for antelope and sage grouse. The
EFU-80 lands are composed of the best farm lands in the County or of
riparian areas. These lands are shown on Map #4 and do not appear on
the Phase I destination resort map.
5 - ORDINANCE NO 92-002
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Lands Adjacent to Urban Growth Boundaries
Other lands excluded from further consideration as a matter of
discretionary policy include all lands within one (1) mile of the
Urban Growth Boundaries of the Bend, Redmond and Sisters urban areas
except those in existing MUA-10 or RR -10 exception areas. The
Planning Commission expressed concerns that the location of
destination resorts on resource lands adjacent to urban growth
boundaries could have negative impacts on the orderly expansion of
the County's urban areas and recommended that consideration of
destination resorts in these areas be deferred pending further study.
The Board of County Commissioners sha:
Planning Commission. The Board finds that
around existing urban growth boundaries is
the orderly expansion of the County's urban
Board finds as a matter of policy that it
destination resort siting on resource lands
resource areas are mapped on Map #9A and do
I destination resort map.
-es the concerns of the
a one -mile buffer area
reasonable to safeguard
areas. Accordingly, the
does not wish to allow
in these areas. These
not appear on the Phase
The Board finds that destination resorts and rural subdivisions
are currently permitted in RR -10 and MUA-10 committed exception areas
adjacent to urban growth boundaries. The Board finds no evidence
that the existing designations would create a significant problem and
will allow destination resorts to continue to be sited in these areas
adjacent to the counties urban growth boundaries.
Goal 8 excluded areas
Wildlife Areas
Goal 8 requires exclusion of all areas of especially signficant
big game habitat mapped by the Oregon Department of Fish and Wildlife
(ODFW) in July of 1984, as further refined by local comprehensive
plans implementing this requirement. The County's Phase I
destination resort map does not include any such areas.
The 1984 Fish and Wildlife Map shows four areas of the County as
areas of especially signficant big game habitat. The areas mapped by
ODFW include the Tumalo deer winter range, a portion of the Metolius
deer winter range and two areas of antelope winter range east of Bend
near Horse Ridge and Millican. The LCDC Destination Resort Handbook
states that the especially sensitive areas mapped by ODFW are much
less extensive that the areas designated as big game habitat in
acknowledged plans. The ODFW map notes that the location of the
denoted wildlife habitat is generalized and is subject to local
refinement.
The County's comprehensive plan includes specific deer winter
range areas that cover more area than those shown on the ODFW map.
These areas have been designated as a wildlife area combining zone in
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the County's zoning ordinance. In addition to covering the ODFW
mapped deer winter ranges, the WA zone encompasses the antelope range
hear Horse Ridge and most of the Millican antelope range. Reference
map #3, "Deschutes County Wildlife Overlay Zone," shows these
wildlife zones. These mapped areas are not included in the Phase I
destination resort map.
The remainder of the Millican antelope area shown on the ODFW
map coincides with EFU-320 zoning and has already been excluded from
destination resort siting by the Board's decision to not site
destination resorts on EFU-320 lands.
Farm lands
Goal 8 protects sites with 50 or more contiguous acres of unique
or prime farm land identified and mapped by the Soil Conservation
Service (SCS) and lands that are within three miles of farm lands
lying within a High -Value Crop area. No areas were identified as
having unique soils. In Deschutes County, numerous soils are
considered to be prime farm land when irrigated. A list of those
soils is included in the record. After excluding the wildlife areas
and all other excluded areas, the occurrence of each of these soil
types on EFU-20 and EFU-40 lands and in non -resource lands (MUA-10
and RR -10) was mapped by digitally scanning SCS maps and then
transferring that information onto a county zoning map. (Reference
maps 6 and 8 depict the EFU-20, EFU-40, MUA-10 and RR -10 land base on
which soil information was obtained.) The occurrence of all prime
soils in these areas was mapped regardless of whether the prime soils
occurred in areas of less than 50 contiguous acres. The prime soils
map reflecting this information is shown on reference Map #9.
The Board finds that EFU-20 and EFU-40 lands with prime soils
have not been included on the County's Phase 1 destination resort
map. The Board finds that by adhering to the Phase I destination
resort map, the County will not allow destination resorts to be sited
on any prime soils on those resource lands.' The Board finds that
the zoning ordinance implementing Goal 8 adopted as part of this Goal
8 package permits siting of destination resorts only on lands
actually mapped and zoned for destination resort use. Consequently,
even if a parcel located on resource lands has prime soils on one
portion and a destination resort designation on another portion, the
prime soils will not be available for destination resort siting.
By definition High Crop Value areas consist of a concentration
of farms capable of producing crops or products with a minimum gross
' With respect to the non -resource lands, the Board has
already found that destination resorts should continue to be
recognized as appropriate uses in such areas.
7 - ORDINANCE NO 92-002
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value of $1,000 per acre per year.' The Board finds that no such
areas exist in Deschutes County.
The Board finds from OSU Extension Service annual commodity
reports that potatoes are the only field crop produced commercially
in Deschutes County that yields a gross value of at least $1,000. In
1983 potatoes could yield $1,890 per acre, when 700 acres of potatoes
were harvested in Deschutes County. In 1991, only 350 acres were
harvested, with a value of $2237 per acre. The Board finds from the
evidence that it is reasonable to conclude that the lower figures in
1991 as compared to 1984 represents a general decline rather than a
low point in a cyclical pattern. The evidence shows that potato
production in Deschutes County was 300 acres in 1989 and 300 acres in
1990. This conclusion is corroborated by testimony that the Fred
Hodecker Potato Company in Redmond went out of business in recent
years.
Peppermint is the only other field crop of signficance; however,
according to Extension Service data, the value of peppermint was $720
per acre in 1983 and $960 per acre in 1991.
The County finds that there is not a concentration of commercial
farms growing potatoes in the County. Only a few individual growers
in the County produce potatoes; they are isolated from one another
and not of sufficient concentration to qualify any area as a High
Value Crop areas.
Furthermore, the County finds that the stated purpose of the
High -Value Crop Areas is to minimize conflicts in resort siting. The
Board finds that the relatively few number of acres in potato
production tend to in and of itself minimize conflicts. According to
extension data, the acreage total is relatively small and the dollar
value of potatoes constitutes less than 5% of the County's aggregate
agricultural produce value.
The County recognizes that llamas are achieving increasing
importance as an agricultural commodity in the County. However, the
production of livestock is not by the Goal 8 definition a high value
crop, unless such production is concentrated in the form of feed
lots. Furthermore, llama producers are scattered throughout the
County and not concentrated sufficiently to qualify any llama
producing areas as High Value Crop areas.
Based upon the above analysis, the Board finds that it is not
' The Board makes no determination at this time on whether the
$1,000 figure must be expressed in 1984 dollars or in 1991 dollars.
Goal 8 is ambiguous on this point. For the purposes of this
analysis, the Board need not makes this determination, since it is
clear from the data presented below that whether 1984 or 1991 is
used as the benchmark, only potatoes qualify as a high value crop.
8 - ORDINANCE NO 92-002
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necessary to identify any High Value Crop Areas in Deschutes County
for exclusion. The Phase I Destination Resort Map therefore does not
include any High -Value Crop Areas.
Goal 5 Protected Areas
Goal 8 requires exclusion of all areas fully protected by a
County under the Goal 5 administrative rule ( so called "3A" sites) in
an acknowledged comprehensive plan. Fully protected Goal 5 sites do
place limitations on the conflicting land uses and resources to the
extent that there are no conflicts with the Goal 5 resource. No
sites currently inventoried as Goal 5 sites in Deschutes County are
fully protected under Goal 5. The treatment of all such sites under
the County's comprehensive plan and zoning ordinances either fully
protects the land use or resource in conflict with the Goal 5
resource (e.g., surface mining site 251) or limits both the
conflicting use or resource and the Goal 5 resource (e.g. surface
mining site 294).
Other Goal 8 Protected Areas
Other areas required to be excluded by Goal 8 by their terms do
not apply to Deschutes County. No part of the County is within 24
air miles of an urban growth boundary with an existing population of
100,000 or more. The County has no forest lands classified as
predominantly Cubic Foot Site Class 1 or 2. The County is not within
the Columbia Gorge.
Deferred Areas
The County has chosen to proceed with the destination resort
mapping in a phased process. The County's forest lands will not be
considered for destination resort zoning until such time as the
County completes its implementation of the LCDC forest rule. The
forest rule does not allow Counties to amend their comprehensive
plans concerning their forest lands prior to implementation of the
rule. Consequently, the Phase I Destination Resort Map does not
reflect decisions on the county's forest lands. The Planning
Commission had made a recommendation for discussion purposes defining
"impacted forest areas" and "non -impacted forest areas" and
recommended that destination resorts be sited only on as yet unmapped
impacted forest areas. The Board finds that it is more appropriate
that this issue be addressed during the implementation of the forest
rule and thereafter. Therefore, the Board declines to take further
action at this time.
The County has also chosen to defer consideration of certain
EFU-zoned lands in the EFU-20 and EFU-40 zones. These lands are
those composed of lands in contiguous ownership containing 40 or more
acres of contiguous irrigated land or 60 or more acres of non-
contiguous irrigated land in the same ownership. These lands were
referred to by the Planning Commission in their recommendation to the
9 - ORDINANCE NO 92-002
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Board of County Commissioners as "other important agricultural
areas." The Planning Commission expressed concerns about the
potential impacts on agricultural communities and commercial
agriculture if such lands were designated for destination resort
siting. The Board expresses no opinion on the Planning Commission's
concerns. Because of uncertainties surrounding what constitutes
commercial agriculture in the County, the Board finds that it would
be prudent to await the results of a farm study currently being
undertaken as part of the periodic review of the County's
comprehensive plan and implementing ordinances before considering
these lands for destination resort siting. The Board attaches no
signficance of any kind to the Planning Commission's "important
agricultural areas" label, and will conduct an independent analysis
of the deferred areas as part of the periodic review process.
Summary of Process
The Phase I Destination Resort Map represents the County's
compliance with Goal 8's mapping requirement in this first phase of
destination resort mapping and reflects other discretionary local
decisions.
The map represents the County's final mapping decision county-
wide on all privately -owned F-1, EFU-320, EFU-80, OS&C, RSR -5, RSR -M,
AD, RSC, and RI zones. In addition, the map represents the County's
final mapping decision on all private resource land within 1 mile of
the County's urban growth boundaries. Finally, outside the 1 -mile
buffer, the map represents final zoning destination resort zoning
decisions on a portion of the County's privately owned EFU-20 and
EFU-40 lands that have less than 40 contiguous acres of irrigation in
the same ownership or that have less than 60 non-contiguous acres of
non -irrigated lands in the same ownership.
The map does not include any area that Goal 8 excludes from
destination resort siting.
The map does not represent County destination resort mapping
decisions on privately -owned forest lands nor does it represent
County destination resort zoning decisions on privately -owned EFU-20
or EFU-40 lands in contiguous ownership containing 40 or more acres
of contiguous irrigated land or 60 or more acres of non-contiguous
irrigated land in the same ownership. In succeeding phases of the
county's destination -resort zoning process the County will proceed to
consider whether destination resorts should be sited on its
privately -owned forest lands and on privately -owned EFU lands not
considered for destination resorts in this first phase.
TT.
NPS _
10 - ORDINANCE NO 92-002
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Exhibit B
FINDINGS IN SUPPORT OF DESTINATION RESORT
ORDINANCES 92-001, 92-002, 92-003, and 92-004
1. On April 19, 1991, the County accepted an application from Eagle
Crest Partners, Ltd. for a legislative amendment to the
Deschutes County Comprehensive Plan and the Deschutes County
Zoning Ordinance to implement the provisions of LCDC Statewide
Planning Goal 8 relating to destination resort siting on
resource lands.
2. Goal 8 sets forth two components for Counties seeking to
implement the Goal's destination resort siting program. First,
the County must identify those areas in the County available for
destination resort siting after identifying and excluding
certain farm and forest resource lands, wildlife habitat areas,
and areas including inventoried Goal 5 resources fully protected
under the County's acknowledged comprehensive plan. The second
component is to implement regulations that will at a minimum (1)
maintain identified natural features, such as threatened or
endamgered species, streams, river and significant wetlands; (2)
provide buffers and setbacks between improvements and activities
taking place within destination resorts in order to avoid or
minimize adverse effects of destination resorts on surrounding
lands; (3) limit uses occurring within the destination resort to
those permitted by Goal 8; and (4) provide assurance that the
required developed recreational facilities, visitor -oriented
accommodations, and other key facilities are physically provided
or are guaranteed through surety bonding or other substantially
equivalent financial assurances prior to closure of sale of
individual lots or units.
3. The Planning Commission held several public hearings and
worksession at which destination resorts and their impacts were
generally reviewed; policies were reviewed for determining which
of the resource lands in the County should be made available for
destination resort siting; data concerning certain classes of
resource lands required to be excluded from destination resort
siting was reviewed; and a proposed ordinance regulating siting
of destination resorts was reviewed.
4. Based upon their extensive review of the issues and the data,
the Planning Commission issued a report recommending a
destination resort package to the Board of County Commissioners,
which included a proposed map for siting destination resorts, a
proposed zoning ordinance regulating destination resort siting,
and certain policy recommendations.
5. The Board of County Commissioners held a public hearing on the
Planning Commission's recommendations on January 8, 1992.
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6. Based upon its extensive review of the record, including the
record developed before the Planning Commission, the Board made
a tentative decision on a destination resort map and ordinance
provisions governing the siting of destination resorts.
7. Based upon the Board's tentative decision, County staff
assembled a package of ordinances to implement the Board's
decision. Those ordinances are as follows: Ordinance 92-001,
amending the Comprehensive Plan to adopt Goals and Policies
regarding development of the County's destination resort map and
the County's zoning ordinance regulating destination resort
siting; Ordinance 92-002, amending the Comprehensive Plan to
adopt a countywide destination resort siting map and amendments
to the resource element of the Comprehensive Plan describing the
mapping process; Ordinance 92-003, amending the County zoning
ordinance to adopt zoning maps to show which County lands are
available for destination resort siting; and Ordinance 92-004,
amending the text of the County zoning ordinance to adopt new
provisions regulating the siting of destination resorts on lands
identified on the destination resort map as available for
destination resort siting (hereinafter collectively referred to
as "destination resort siting package").
8. The Board finds that other than the process Goals set forth in
LCDC Statewide Planning Goals 1 and 2, Statewide Planning Goal
8 (and its associated codification in state statute -
hereinafter collectively referred to as Goal 8) provide the the
only criteria for reviewing the County's destination resort
package.
9. The Board finds that the County's destination resort package
meets the requirements of Goal 8 for the following reasons:
a) The County has adopted as part of its comprehensive
plan a county -wide destination resort map and a series of large
scale enlargements of that map (hereinafter collectively
referred to as "destination resort map" or simply "the map")
indicating where destination resorts may occur in the County on
certain EFU-20 and EFU-40 lands as well as certain exception
areas. The County finds from the discussion set forth in
Exhibit A to Ordinance 92-002, which discussion is incorporated
herein by reference, that the map meets Goal 8's requirement
that areas available for destination resorts be mapped and that
certain resource areas not be included on such a map. That map
has been adopted as part of the County's zoning maps by
Ordinance 92-003.
b) The County has adopted by Ordinance 92-001 amendments
to the text of its Comprehensive Plan Goals and Policies
designed to provide for the implementation of Goal 8, including
a recitation of Goal 8 requirements. This ensures that County
ordinances drawn to implement Goal 8 will comply with Goal 8 and
12 - ORDINANCE NO 92-002
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that completion of the County's destination resort map will
comply with Goal 8.
C) The Goal 8 requirement that uses and activities in
destination resorts be limited to those that are consistent with
the Goal are satisfied by provisions in the zoning ordinance,
adopted by Ordinance 92-004. Those provisions include Sections
18.113.030 and 18.113.070(Q) of the Deschutes County Code, as
amended by the destination resort additions. Uses allowed in
the destination resort are limited to those, such as visitor -
oriented accommodations and developed recreational facilities,
that are defined by Goal 8 to be elements of destination
resorts, or are limited in scope to serve only the needs of the
visitors to the resort. All definitions of component parts of
destination resort duplicate or are more stringent than those
found in the Goal.
d) The Goal 8 requirement that important natural features
be maintained is satisfied by inclusion in the zoning ordinance
at Section 18.113.070(E) of language duplicating that found in
the Goal.
e) The Goal 8 requirement that buffers and setbacks be
required to avoid or minimize adverse effects on land uses,
particularly intensive farming operations, on surrounding lands
is satisfied by the setback requirements set forth in Section
18.113.060(G)(2). These setbacks require that most recreational
activites be setback at least 50 feet from property lines, that
residential structures be set back at least 150 feet, that
multifamily development be set back 250 feet, and that
commercial development be set back 350 feet. The setback
specified in the current acknowledge County zoning ordinance
from intensive farming operations is 100 feet.
f) The Goal 8 requirement that a mechanism be included to
assure that developed recreational facilities, visitor -oriented
accommodations, and key facilities intended to serve the entire
development are physically provided or are guaranteed by surety
bonding or similar financial assurances prior to closure of sale
of individual lots is satisfied by Sections 18.113.060(E) and
18.113.110, which duplicate the Goal 8 provisions and allow the
County to require security through existing provisions in the
County's subdivision ordinance.
10. The Board finds that Goal 1, Citizen Involvement, has been met
by the series of hearings held before both the Planning
Commission and the Board of County Commissioners on the
destination resort package. The Planning Commission serves as
the County's Citizen Involvement Committee.
11. The Board finds that Goal 2, Land Use Planning, is satisfied by
this destination resort package with respect to requirements for
13 - ORDINANCE NO 92-002
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setting forth the factual base for its decision. The Board has
provided an extensive discussion of the process by which its
destination resort map was produced.
14 - ORDINANCE NO 92-002