HomeMy WebLinkAbout92-031REVIEWED
LOCAL CCtJ"'S, --- L
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO ,
An Ordinance Amending Title 18 of * 92 IP 16 fU4 11:21
the Deschutes County Code to Amend
Maps Zoning for Destination Resorts t �,J:.. r E; , I.4 tr
and Declaring an Emergency. * �i!�ir4 'i` CLERK
92-12525
0112-0003
ORDINANCE NO. 92-031
WHEREAS, Deschutes County has proceeded to implement LCDC
Statewide Planning Goal 8 regarding destination resorts in a phased
process; and
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; and
WHEREAS, it is appropriate to allow destination resort siting on
certain forest lands in the County; and
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. ADOPTION OF ZONING MAP. The County's Destination
Resort Combining Zone (DR) Maps, a part of Title 18 of the Deschutes
County Code, the County Zoning Ordinance, is amended to include
certain areas zoned F-2 located outside of Wildlife Area Combining
Zones, as set forth on the 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),"
separately signed by the Board of County Commissioners on this date,
and incorporated herein by this reference.
Section 2. FINDINGS. The Board of County Commissioners adopts
as its findings and conclusions in support of this amendment the
findings attached hereto as Exhibit "A" and by this reference
incorporated herein and Exhibit "A" to Ordinance 92-026, adopted on
this date, and by this reference incorporated herein.
KEY CHED
tir' 11992.
PAGE 1 - ORDINANCE NO. 92-031 (4/15/92) 4'.C110FFiiJAEC�
Al 12-0004
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 /5-117day of April, 1992.
BOARD OFOUNTY COMMISSIONERS
OF DE,,,eH ES COUNTY, OREGON
A E '
Recording Secretary
, 'Rommi. s
N, Commisslioner
kUDL N, airman
PAGE 2 - ORDINANCE NO. 92-031 (4/15/92)
Exhibit A
DESTINATION RESORTS — PHASE II — FINDING6112_0045
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 (DRCP) 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
0112-0006
"The county cannot currently implement Goal 8 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--0007
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
0112-0008
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
April 15, 1992
Page 4
- Phase II - Findings