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HomeMy WebLinkAbout92-0019205045 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES An Ordinance Amending PL -20, The Deschutes County Year 2000 Plan, to add Goals and Policies and Other Comprehensive Plan Text Regarding Siting of Destination Resorts and Declaring an Emergency. ORDINANCE NO. 92-001 WHEREAS, Deschutes County has determined to REVIEWED -D-4 LEGAL COLJNSEL COUN%Y, ,PREGON f., Statewide Planning Goal 8; and 0108 1285 WHEREAS, public hearings have been held in furtherance of this objective in conformance with state law; and WHEREAS, in implementing LCDC Goal 8 it is necessary to amend certain portions of Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. Policy 5 of the Rural Development section of Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, (Comprehensive Plan) (found on page 37 of the Comprehensive Plan) is amended to read as follows: "Destination resorts and dude ranches are important elements of the local economy. [Densities will be determined upon the merits of the proposal.] These developments shall not be permitted in exclusive farm use districts except in EFU-20 and EFU-40 zones pursuant to the County's Destination Resort Siting Map and Destination Resort Siting Combining Zone and [only under certain conditions] in forest districts only pursuant to Goal 8 (see Forest Lands Chapter). They may be allowed in [other] the County's rural areas if compatible with the environmental capabilities of the site, near existing transportation and utility facilities, consistent with the rural character of the area, and unlikely to create undue public service burdens." Section 2. Policy 6 of the Rural Development section of Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, (Comprehensive Plan) (found on page 37 of the Comprehensive Plan) is amended to read as follows: "Other than as outlined in Policy 5 and the Goals and Policies set forth for Destination Resorts, no further recreational (seasonal) subdivision will be approved in rural areas." PAGE 1 - ORDINANCE NO. 92-001 M,C; Or;LVE C KEYP CHED � �E 1992 MAR implement`- LCDC Statewide Planning Goal 8; and 0108 1285 WHEREAS, public hearings have been held in furtherance of this objective in conformance with state law; and WHEREAS, in implementing LCDC Goal 8 it is necessary to amend certain portions of Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. Policy 5 of the Rural Development section of Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, (Comprehensive Plan) (found on page 37 of the Comprehensive Plan) is amended to read as follows: "Destination resorts and dude ranches are important elements of the local economy. [Densities will be determined upon the merits of the proposal.] These developments shall not be permitted in exclusive farm use districts except in EFU-20 and EFU-40 zones pursuant to the County's Destination Resort Siting Map and Destination Resort Siting Combining Zone and [only under certain conditions] in forest districts only pursuant to Goal 8 (see Forest Lands Chapter). They may be allowed in [other] the County's rural areas if compatible with the environmental capabilities of the site, near existing transportation and utility facilities, consistent with the rural character of the area, and unlikely to create undue public service burdens." Section 2. Policy 6 of the Rural Development section of Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, (Comprehensive Plan) (found on page 37 of the Comprehensive Plan) is amended to read as follows: "Other than as outlined in Policy 5 and the Goals and Policies set forth for Destination Resorts, no further recreational (seasonal) subdivision will be approved in rural areas." PAGE 1 - ORDINANCE NO. 92-001 M,C; Or;LVE C KEYP CHED � �E 1992 MAR 0108 128'7 Section 3. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended by adoption of the definitions set forth on Exhibit "A," attached hereto and incorporated herein by reference. Section 4. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended by adoption of the introductory statement, goal and policies attached hereto as Exhibit "B" and incorporated herein by reference, as the Destination Resort chapter of the Plan. Section 5. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended, is further amended by amending the Comprehensive Plan definition of Open Space to include the following paragraph: "Open space in destination resorts may include some alteration of the natural or existing landscape to allow siting of golf course greens and fairways, lakes and ponds, bike paths and jogging trails and primitive picnic areas (including picnic tables and park benches)." Section 6. The Board of County Commissioners adopts as its findings and conclusions in support of the amendments set forth in Section 1 of this Ordinance the Findings attached hereto as Exhibit "C" and incorporated herein by reference. Section 7. 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. A E T: (YI,2 Recording Secretary BOARD OF COAJNTY COMMISSIONERS OF D4&C1�IUT S COUNTY, OREGON ,yym Fki.KUUY �'Tmmiss O y 04A] - oA �' 'NMCY PO E//5 GEN, C/ommis ioner PAGE 2 - ORDINANCE NO. 92-001 Chairman Exhibit A Destination Resort. 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: 1. The resort is located on a site of 160 or more acres. 2. At least 50 percent of the site is dedicated to permanent open space, excluding yards, streets and parking areas. 3. At least two million dollars ($2,000,000) (in 1984 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. Developed recreational facilities and key facilities intended to serve the entire development and visitor -oriented accommodations must be physically provided or be guaranteed through surety bonding or substantially equivalent financial 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. 4. Visitor -oriented accommodations are provided, including meeting rooms, restaurants with seating for 100 persons, and 150 separate rentable units for overnight lodgings. Accommodations available for residential use will not exceed two such units for each unit of overnight lodging. 5. Commercial uses limited to those types and levels necessary to meet the needs of visitors to the development. Industrial uses are not permitted. Developed Recreation Facilities. With respect to destination resorts, means improvements constructed for the purpose of recreation. These include, but are not limited to, golf courses, tennis courts, swimming pools, marinas, equestrian trails and facilities and bicycle paths. Overnight Lodgings. With respect to destination resorts, means permanent, separately rentable accommodations that are not available for residential use. Overnight lodgings include hotel or motel rooms, cabins and timeshare units. Individually -owned units may be considered overnight lodgings if they are available for overnight rental use by the general public for at least 45 weeks per calendar PAGE 3 - ORDINANCE NO. 92-001 0108 1289 year through a central reservation and check-in service. Tent sites, recreational vehicle parks, mobile homes, dormitory rooms and similar accommodations do not qualify as overnight lodgings for the purpose of this definition. Self -Contained Development. With respect to destination resorts, means community sewer, water and recreational facilities provided on site and limited to meet the needs of the resort or provided by existing public sewer or water service as long as all costs related to service extension and any capacity increase are borne by the development. A "self-contained development" shall have developed recreational facilities provided on site. Visitor -Oriented Accommodations. With respect to destination resorts, means overnight lodging, restaurants and meeting facilities designed to provide for the needs of visitors rather than residents. TT NPS DZ2!2,_ PAGE 4 - ORDINANCE NO. 92-001 0108 1290 Exhibit B DESTINATION RESORTS The numerous beneficial impacts of destination resorts are recognized by Statewide Planning Goal 8 and by implementing statutes. The past experiences with destination resorts in Deschutes County have generally been very positive. The development of destination resorts can serve as an important element to diversify the economic base of the County. This was recognized by the County in the comprehensive plan adopted in 1979. Under the 1979 plan and implementing ordinances, destination resorts are allowed as conditional uses in the F-2, F-3, OS&C, MUA-10 and RR -10 zones. Since 1979 destination resorts have increased in importance to the economy of Deschutes County. A new resort, known as Eagle Crest has been sited since that time. Existing resorts, such as Sunriver and the Inn of the Seventh Mountain, have expanded. Tourism in general has increased in importance to the Oregon economy, particularly as the timber industry has gone into decline. Recognizing the importance of tourism to the economy of the State of Oregon, the state legislature and LCDC have taken steps to make it easier to establish destination resorts on rural lands in the state. Statewide Planning Goal 8, the recreation goal, was amended to specify a process for locating destination resorts on rural lands without taking an exception to Goals 3, 4, 11 and 14, which govern development in rural resource lands. This was followed by legislation incorporating Goal 8 into Oregon's land use statutes. By these actions, the State of Oregon recognized destination resorts as a legitimate rural land use. Under these changes, destination resorts may be sited in EFU zones where they weren't allowed before. Another action at the state level affecting the siting of destination resorts is the forest rule adopted by LCDC in March 1990. This rule allows destination resorts to be sited on forest lands pursuant to Goal 8. The County recognizes that the siting of destination resorts would be severely limited if such developments were not allowed in farm and forest zones. Implementation of destination resort siting under Goal 8 is optional. The Goal 8 legislative process in Deschutes County was prompted by an application by the owners of Eagle Crest for legislative changes in the County's comprehensive plan and implementing land use ordinances. The Eagle Crest owners wished to expand their current destination resort onto adjacent lands and wished to do so without going through the exceptions process. PAGE 5 - ORDINANCE NO. 92-001 0108 1291 Goal 8 requires that the County adopt a map showing which lands in the County are available for destination resort development. The purpose of the map is to provide greater certainty concerning destination resort siting than is available under the exceptions process. To protect forest and farm resources, Goal 8 prescribes that certain classes of lands are off limits to destination resort development. The final map must reflect exclusion of such areas. A detailed description of the mapping process engaged in by the County is found in the Resource Element of the comprehensive plan. Goal 8 and the state statute also recognize that destination resorts can have negative impacts on neighborhoods and the rural quality of life. These impacts can be substantially mitigated, however. The County recognizes the importance of balancing protection mechanisms for resource lands and rural land uses with the economic benefits destination resorts provide. The County further recognizes that this balance can be struck by the manner in which areas are designated as being available for destination resort development and by developing balanced siting criteria. The County recognizes that it has the option to be more restrictive than state law in the areas it chooses to exclude from destination resort siting through the mapping process. The Board of County Commissioners has determined that it should proceed to implement Goal 8 in a manner consistent with Goal 8 and state law that will allow proposed destination resorts to apply for approval. Because of the County's need as part of periodic review to update its comprehensive plan and ordinances to implement the forest rule and to study current farm uses in the County, it is appropriate to implement Goal 8 in a phased fashion. Accordingly, the County has first considered siting destination resorts on the following EFU lands not excluded by Goal 8: (1) unirrigated EFU lands, (2) irrigated EFU lands in contiguous ownership having fewer than 40 acres of contiguous irrigation, and (3) irrigated EFU lands having 60 or more acres of non-contiguous land in the same ownership. Second, following the County's implementation of the forest rule, the County will consider development of destination resorts on forest lands. Third, following a review of the County's farm lands as part of the periodic review process, the farm lands not considered for destination resorts in the first stage will be considered. Notwithstanding the phased approach to destination resort zoning, it is appropriate to develop siting standards for destination resorts generally. If further refinements are needed when forest lands and farm lands not considered in the first mapping phase are considered, such refinements can be made at that time. PAGE 6 - ORDINANCE NO. 92-001 0108 1292 GOAL: 1. To provide for development of destination resorts in the County consistent with Statewide Planning Goal 8 in a manner that will be compatible with farm and forest uses, existing rural development, and in a manner that will maintain important natural features, such as habitat of threatened or endangered species, streams, rivers and significant wetlands. POLICIES: Mapping for Destination resort siting. 1. To assure that resort development does not conflict with the objectives of other Statewide Planning Goals, destination resorts shall pursuant to Goal 8 not be sited in Deschutes County in the following areas: (a) On a site with 50 or more contiguous acres of unique or prime farm land identified and mapped by the Soil Conservation Service or within three miles of farm land within a High -Value Crop Area; (b) On predominantly Cubic Foot Site Class 1 or 2 forest lands which are not subject to an approved Goal exception; (c) On areas protected as Goal 5 resources in an acknowledged comprehensive plan protected in spite of identified conflicting uses ("3A" sites designated pursuant to OAR 660-16-010(1)); (d) Especially sensitive big game habitat, as generally mapped by the Oregon Department of Fish and Wildlife in July 1984 and as further refined through development of comprehensive plan provisions implementing this requirement. 2. In addition, destination resorts shall not be located in areas zoned EFU-320, EFU-80, OS&C and F-1 or on resource lands within one mile outside of urban growth boundaries. 3. Federal lands not otherwise excluded under these policies shall not be mapped with the DR overlay zone. Federal land not otherwise excluded that becomes privately owned through land exchanges or other federal disposition can be considered for destination resort siting consistent with these policies and mapped as available for destination resort development. 4. The County shall adopt a map showing where destination resorts PAGE 7 - ORDINANCE NO. 92-001 0108 1293 can be located in the County. Such map shall become part of the Comprehensive Plan and zoning ordinance and shall be an overlay zone designated Destination Resort (DR). Ordinance Provisions 5. The County shall ensure that destination resorts are compatible with the site and adjacent land uses through enactment of land use regulations that, at a minimum, provide for the following: (a) Maintenance of important natural features, including habitat of threatened or endangered species, streams, rivers, and significant wetlands; maintenance of riparian vegetation within 100 feet of streams, rivers and significant wetlands; and (b) Location and design of improvements and activities in a manner that will avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area. Such regulations may allow for alterations to important natural features, including placement of structures, provided that the overall vlaues of the feature are maintained. 6. Minimum measures to assure that design and placement of improvements and activities will avoid or minimize the adverse effects noted in Policy 5(b) shall include: (a) The establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and where appropriate, fences, berms, landscaped areas, and other similar types of buffers. (b) Setbacks of structures and other improvements from adjacent land uses. 7. The County may adopt additional land use restrictions to ensure that proposed destination resorts are compatible with the environmental capabilities of the site and surrounding land uses. 8. Uses in destination resorts shall be limited to visitor -oriented accommodations, overnight lodgings, developed recreational facilities, commercial uses limited to types and levels necessary to meet the needs of visitors to the resort, and uses consistent with preservation and maintenance of open space. 9. The zoning ordinance shall include measure that assure that developed recreational facilities, visitor -oriented accommodations and key facilities intended to serve the entire PAGE 8 - ORDINANCE NO. 92-001 0108 1294 development are physically provided or are guaranteed through surety bonding or substantially equivalent financial 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. Phased Implementation 10. The County shall implement Goal 8 in a phased sequence as follows: (a) The County shall adopt a zoning ordinance including all provisions required by Goal 8. (b) The County shall identify countywide any lands excluded by Goal 8 from destination resort siting. (c) The County shall map lands available for destination resort siting in a phased sequence. The County shall first consider unirrigated EFU lands and irrigated EFU lands having fewer than 40 acres of contiguous irrigated land or 60 acres of non-contiguous land in the same ownership where such lands are not otherwise excluded from destination resort siting under these policies and Goal 8. Next, as the county proceeds to implement the Goal 4 forest land rule as part of periodic review, the County shall consider to what extent destination resorts may be sited on lands presently zoned for forest uses. Finally, after the County has completed a farm study pursuant to periodic review, the County shall consider to what extent destination resorts may be sited on EFU lands not considered during the first phase of implementation of Goal 8. As to those lands not considered in this first phase of destination resort mapping and not otherwise excluded by Goal 8 and Policies 2 and 3 herein, nothing in these policies shall affect the County's consideration in the future as to whether such lands should be made available for destination resort siting. County shall complete consideration of forest lands and remaining EFU lands for destination resort siting in conjunction with periodic review. As successive phases of the destination resort process are taken up by the County, the County may make amendments to the comprehensive plan and zoning maps to add additional areas to the destination resort map. 11. Until the Goal 8 mapping process is complete, no applications for quasi-judicial plan map changes and zone changes to apply PAGE 9 - ORDINANCE NO. 92-001 0108 1295 the DR zone to areas not designated under the Goal 8 process shall be accepted, unless such applications are filed through the Goal 2 exceptions process. TT NPS `96 PAGE 10 - ORDINANCE NO. 92-001 0108 1296 Exhibit C 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 endangered 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. PAGE 11 - ORDINANCE NO. 92-001 0108 1297 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, and Statewide Planning Goal 8 (and its associated codification in state statute, hereinafter collectively referred to as Goal 8 ) provide 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 resorts 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 PAGE 12 - ORDINANCE NO. 92-001 0108 1298 will comply with Goal 8 and 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 activities be set back 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 Board finds this to be consistent with the setback specified in the current acknowledge County zoning ordinance requiring structures to be set back at least 100 feet from intensive farming operations. (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 area 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, by the series of hearings Commission and the Board destination resort package. PAGE 13 - ORDINANCE NO. 92-001 Citizen Involvement, has been met held before both the Planning of County Commissioners on the The Planning Commission serves as 0108 1299 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 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. PAGE 14 - ORDINANCE NO. 92-001