HomeMy WebLinkAbout92-003REVIEWED
I_ EC �l Cot)NSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18 of * 010 Z��
the Deschutes County Code to Adopt * 9
Maps Zoning for Destination Resorts
and Declaring an Emergency.
82-05047
ORDINANCE NO. 92-003
WHEREAS, Deschutes County has determined to implt aCDC
Statewide Planning Goal 8; and cn
WHEREAS, Goal 8 requires the County to adopt a zoning map
showing where Destination Resorts can be sited in the County; and
WHEREAS, public hearings have been held in conformance with
state law to implement the Goal 8 mapping requirement; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Section 1. Title 18 of the Deschutes County Code, the County
Zoning Ordinance, as amended, is further amended to map as an overlay
zone entitled the "Destination Resort Zone" (DR) those areas so
denoted on (1) the county -wide map labelled "Deschutes County
Comprehensive Plan Destination Resort Map and Destination Resort
Combining Zone Map", separately signed by the Board of County
Commissioners on this date, and by this reference incoporated herein,
and (2) the series of 8 maps showing portions of the above -reference
county -wide map in greater detail, each of which have been separately
signed by the Board of County Commissioners on this date and each of
which have by this reference been incorporated herein.
Section 2. The Board of County Commissioners adopts as its
findings and conclusions in support of this amendment the findings
attached as Exhibit "A" to Ordinance 92-002, adopted on this date,
and the findings attached hereto as Exhibit "A" and by this reference
incorporated herein.
I'll
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FEB 11992
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M!.''MRLMED
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Section 3. 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 OUNTY COMMISSIONERS
OF DES HU ES COUNTY, OREGON
M r.VHRUUY ommis ion r
T T NANC POP C LANGEN, Commis Toner
Recording Secretary 15,fCT MAUDLI , Chairman
PAGE 2 - ORDINANCE NO. 92-003
0108 1411
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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0108 1412
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 B 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
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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.
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