The URL can be used to link to this page

Home My WebLink About92-030BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGUI An Ordinance Amending PL -20, The Deschutes * L'I�? , 2 County Year 2000 Plan, to Amend the Map it Allowing for the Siting of Destination * cpsy SI, Resorts on Certain Lands in Deschutes County and Declaring an Emergency. 0112-0009 92-12526 ORDINANCE NO. 92-030 WHEREAS, Deschutes County has proceeded to implement LCDC Statewide Planning Goal 8 regarding destination resort siting in a phased process; WHEREAS, the second phase of that process concerns consideration of the County's forest lands for destination resort siting; and WHEREAS, Deschutes County has made a thorough review of its forest lands in the process of implementing the LCDC forest rule; WHEREAS, it is appropriate to allow destination resort siting on certain forest lands in the County; WHEREAS, public hearings have been held consistent with the requirements of state law on implementing Goal 8 in Deschutes County; 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 amendment of the Destination Resort Map as adopted by Ordinance 92- 002 to reflect inclusion of lands designated F-2 under the County's Zoning Ordinance. The Plan Destination Resort Map is amended by the adoption of a county -wide map labelled "Deschutes County Comprehensive Plan Destination Resort Map and Zoning Map of Destination Resort Combining Zone for Forest Lands (April 15, 1992)," signed on this date by the Board of County Commissioners. Section 2. The Resource Element of Ordinance PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended to amend the text setting forth the mapping process supporting adoption of the Deschutes County Destination Resort Map, as set forth in Exhibit "A" and by this reference incorporated herein and by a map identifying the Vandevert grave site as a site excluded from destination resort siting, attached hereto as Exhibit "B" and by this reference incorporated herein. pl :nr; 1AE 1 - ORDINANCE NO 92-030 (4/15/92) �; �v r� �� 2KtYP SHED 0112-0010 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, the findings set forth as Exhibit "C, " attached hereto and by this reference incorporated herein and Exhibit "A" attached to Ordinance 92-026, adopted on this date, and by this reference incorporated herein. 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 /5 Mday of April, 1992r BOARD OF BOUNTY COMMISSIONERS OF DEU ES COUNTY, OREGON 2 - ORDINANCE NO 92-030 (4/15/92) l EXHIBIT A 0112-0011 ORDINANCE 92-030 DESTINATION RESORT - PHASE II - FOREST LANDS As outlined in the prior portion of the resource element Phase II of the destination resort process involves forest lands. As part of the Phase I process the Planning Commission reviewed forest lands in its initial review but came to a conclusion that in order to implement Goal 8 the County must comply with the new Goal 4 Forest Rule established by the Oregon Administrative Rules. As part of the preliminary findings of the Planning Commission in Phase I it was indicated that large commercial forest lands holdings should not be considered for destination resort development. The Planning Commission included the definition of impacted and non -impacted forest lands in its recommendations to the Board of County Commissioners stating that this protected large commercial forest land from destination resort development. The impacted/non-impacted definition is the same definition used to differentiate F-1 and F-2 land contained in Exhibit "A" of Ordinance of 92-024, the new Forest Lands section of the County Comprehensive Plan. The scope of the Phase II mapping process involves incorporation of only those elements affecting destination resort siting that have occurred since the adoption of the Phase I map - namely Historic designations in forest mapping - and does not re -visit issues decided by the Board of Commissioners during Phase I, except as they may have been affected by the forest zone re -designations that occurred in implementing the Forest Rule. The scope of the F-1 zone excluded in Phase I has changed to include a considerably larger amount of the county. The impacted/unimpacted lands test differentiates the F-1 and F-2 zone. The justification for the difference between the F-1 and F-2 zones are incorporated into the forest element of the Comprehensive Plan. The impacts of destination resort on unimpacted forest lands are inconsistent with the intent of the F-1 zone. Lands designated F-2 that are not in a Wildlife Area Combining Zone or excluded from destination resort siting by another exclusion decision made in Phase I (such as Federal ownership), have been mapped for destination resorts. Destination resorts can be sited on forest lands only in Destination Resort Combining Zones as designated by the Deschutes County Comprehensive Plan Destination Zoning Map and Zoning Map of Destination Resort Combining Zone - Forest Lands. Destination Resort - Forest Lands April 15, 1992 Page 1 0112-0012 Since the adoption of the Phase I package the county has designated seven new Goal 5 Historic sites as A2 or A3 under the Goal 5 rule. Only one of these sites is included in the forest lands designation. This is the Vandevert Grave. This site is zoned F-2/LM and would be available for destination resort siting unless specifically excluded. The site consists of a grave stone and fenced grave site measuring approximately 15 feet by 25 feet. This site is part of an open space area designated within a pre-existing cluster development. The open space management plan and covenants for the subject development provides specific protection for the site. Due to the small size of the site, it is not shown on the overall county map but is excluded on a specific site map adopted as an exhibit to Ordinance 92-030. To protect forest uses and comply with Goal 8, the county has enacted additional standards to ensure that destination resorts are sited as compatibly as possible. GJR/mj z Destination Resort - Forest Lands April 15, 1992 Page 2 4NID ASSO -10c3 NLu uj4L—' STREET- 5,112-0013 TE025END OREC30N�' (�03) 309-1614 Exhibit B to Ordinance 92-030 Exhibit 92 030 SIT 160, 7 C 250, ---30 2.1 AGRE5 COMMON TP-4GT E PROI=o AZ C4 30' ROAF-)W A0 UTILITY E,45Et-IF-NT TO H15TORI, TO MlIDSTATE ELECT - 12 2.4 AGRE 12.4 AGRES 213 ACRES Sam'- 2 fo ACRES 40 Z ABANDONED PORTION OF 3eo, SOUTH CENTURY r--)IRI\/E TO BE v,4C,4TEr-) - z Z� COMMON -rRAC7 8 Exhibit C DESTINATION RESORTS — PHASE II — FINDINGS0112—VV14 On February 7, 1992 the Board of County Commissioners adopted a Destination Resort package consisting of amendments to the Deschutes County Comprehensive Plan Year 2000. Ordinance Numbers 92-001 and 92-002, adopted comprehensive plan policies relating to siting of destination resorts including amendments to the goals and policies and comprehensive plan text and mapping as required by LCDC Statewide Planning Goal 8. Additionally, the Board adopted amendments to Title 18 of the Deschutes County Code adopting specific regulations for destination resorts designating and mapping a Destination Resort Combining Zone (DRCZ). Policy number 10 of the Destination Resort Chapter of the Comprehensive Plan (DROP) explains the phased implementation process. These findings are for Phase II of this process. Phase II of the destination resort phased implementation outlined in the DRCP includes consideration of forest lands. The county has already identified lands, county -wide which are excluded by Goal 8 by destination resort siting. The county has already adopted a zoning ordinance including all provisions required by Goal 8. The subject findings relate to the consideration of the extent to which destination resorts may be sited on lands presently zoned for forest uses and further refinements needed to address local concerns not considered in the first mapping phase. Section four of Ordinance 92-001 amended the county comprehensive plan by adoption of the introductory statement and goals referred to as Exhibit "B" and included as the destination resort chapter of the comprehensive plan (DRCP). The DRCP paragraph 10 explains that following implementation of the Forest Rule, the county will consider development of destination resorts on forest lands. Paragraph 11 further explains "...if further refinements are needed when forest land and farm lands not considered in the first mapping phase are considered, such refinements can be made at that time." The goals and policies of the DRCP anticipate development of destination resorts in certain forest lands subject to conformance with all requirements of Goal 8. The plan currently does not allow the development of destination resorts in numerous zones including the F-1, Forest Zone and the WA, Wildlife Area Combining Zone. The written findings and recommendations of the Deschutes County Planning Commission of December 11, 1991 included a report relating to review of destination resorts. This and substantial testimony contained in the record on destination resorts was considered as part of the destination resort Phase I package. Page four (2b) of that package states: Destination Resorts - Phase II - Findings April 15, 1992 Page 1 0I12-0015 "The county cannot currently implement Goal on forest zones. In order to implement Goal 8 the county must comply with the new Goal 4 Forest Rule established by the Oregon Administrative Rules. However, for discussion purposes the Planning Commission has proposed definitions of impacted and non -impacted forest areas. Destination resorts should only be allowed on "impacted forest areas". Mapping of these areas has not been completed at this time. However, the definition in the draft zoning ordinance provides the proposed standards. The Planning Commission recommends that this process be made a part of the implementation of the Forest Rule which the county must undertake within the next several months." "Preliminary findings of the Planning Commission indicate that there is a limited supply of commercial forest land in the county. After initial consideration of this issue, the Commission finds that large commercial forest land holdings should not be considered for destination resorts development for the following reasons: 1. There is a considerable amount of non-commercial forest land available for destination resort siting. 2. Development of large commercial timber land holdings into destination resorts could cumulatively lead to significant declines in the forest resort base. 3. Destination Resorts are incompatible with commercial forest uses." The Planning Commission included, the definition of impacted and non -impacted forest lands in it's recommendation to the Board. The impacted/non-impacted definition is the same definition used to differentiate F-1 and F-2 land contained in Exhibit "A" of Ordinance of 92-024, the new forest lands section of the county comprehensive plan. The Board finds that the recommendation of the Planning Commission is supported by evidence in the destination resort record for Ordinance numbers 92-001, 92-002, 92-003 and 92-004. The Board finds additional evidence in the record for the adoption of the requirements of the Forest Rule for Ordinance numbers 92-024, 92-025, 92-026, 92-027, 92-028, 92-029, 92-031 and 92-032. For these reasons the Board finds that only lands zoned F-2 should be allowed for destination resort siting. The mapping necessary to comply with LCDC Goal 8 has already Destination Resorts - Phase II - Findings April 15, 1992 Page 2 0112-0016 been completed as part of the Destination Resort Phase I package. All areas excluded from siting of destination resorts in the Phase I package are excluded from the Phase II destination resort zoning and comprehensive plan maps. These maps, referred to as the Deschutes County Comprehensive Plan Destination Resort Map and Zoning Map of Destination Resort Combining Zone - Forest lands, include only land zoned F-2 which meet all other standards for destination resort siting established by Goal 8. Since the adoption of the Phase I package the county has designated seven new Goal 5 Historic sites as A2 or A3 under the Goal 5 rule. Such sites are prohibited from siting of destination resorts by Goal 8. These sites are excluded from destination resort siting as described below. 1. Allen Ranch Cemetery. This site is zoned EFU-80 and Floodplain. EFU-80 and Floodplain has been excluded from destination resort siting in Phase I. 2. Bull Creek Dam Bridge. This area is zoned OS&C which has already been excluded from destination resort siting in the Phase I package. 3. Fremont Meadow. This area is zoned OS&C which has already been excluded from destination resort siting in the Phase I package. 4. Pickett Island. This is zoned EFU-20, Floodplain and Landscape Management. It is currently owned by the Division of State Lands and lies in the middle of the Deschutes River. It is too small to be allowed for destination resort siting. Further it is located in a Floodplain zone which is excluded from destination resort siting. 5. Reese Cemetery. This site is zoned EFU-80 and Floodplain. EFU-80 and Floodplain has been excluded from destination resort siting in Phase I. 6. Tumalo Project Dam. This area is zoned OS&C which has already been excluded from destination resort siting in the Phase I package. 7. Vandervert Grave (F-3/LM). This site is zoned F-2 and would be available for destination resort siting unless specifically excluded. The site consists of a grave stone and fenced grave site measuring approximately 15 feet by 25 feet. This area is being excluded from destination resort siting. It should be noted that the subject property is part of the open space areas designated within a pre-existing cluster development. The open space management plan and covenants for the subject development provide specific protection for the Destination Resorts - Phase II - Findings April 15, 1992 Page 3 0112-001'7 site. Due to the small size of the site, it is not possible to exclude it on the overall county map, but it is excluded by reference on the destination resort map and a specific site map adopted by Ordinance 92-030. Siting standards for dwellings and structures established by Section 18.40.060 of the County Code require the siting of all new dwellings and structures in a manner which minimize conflicts with forest uses. The siting standards established by Chapter 18.113 of the County Code for Destination Resorts apply to destination resorts sited on F-2 lands and provide significant requirements to reduce conflicts with surrounding land uses. These include: 1. Exterior setbacks of 150 feet for all above ground development, 250 feet for multi -family and visitor oriented accommodations and 350 feet for commercial development and associated parking areas. (Section 18.11.060(G)(2)) 2. Conformance with approval criteria which demonstrate that the development will not force a significant change in accepted farm or forest practices of significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. (Section 18.113.070(F)) 3. Conformance with criteria requiring that site improvements be located and designed to avoid or minimize adverse effect on surrounding land uses and requiring buffers, and potentially additional setbacks. (Section 18.113.070(N)) 4. Conformance with criteria that demonstrate that the resort will not alter the character of the surrounding area in a manner which substantially limits, impairs or prevents permitted or conditional uses of surrounding properties. (Section 18.113.070(P)) The Board finds that these standards and criteria minimize potential impacts on forest lands surrounding destination resort sites consistent with the intent of the Goal 4 Forest Rule (OAR 660-06-000-060) and the intent of LCDC Goal 8. Section 18.113.070 of the County Code, relating to destination resorts, is being amended to address wildfire management for destination resorts in forest zones consistent with Section 18.40.070. This adds additional criteria for reviewing destination resorts in forest areas. In addition to the above findings the Board adopts the findings of Ordinances 92-001, 92-002, 92-003 and 92-004 addressing the destination resort issue. Destination Resorts - Phase II - Findings April 15, 1992 Page 4