Chapter 18.116
DESTINATION RESORT OVERLAY
Sections:
18.116.050 Standards for small destination resorts.
18.116.080 Application procedures and contents.
18.116.090 Development plan review procedure.
18.116.110 Final development plan review procedure.
18.116.120 Duration of final development plan approval.
18.116.010 Purpose.
The purpose of the destination resort overlay zone is to provide a process for the siting of destination resorts on rural lands that have been mapped by the county as eligible for this purpose. The destination resort overlay is intended to provide for property-designed destination resort facilities, which enhance and diversify the recreational opportunities and economy of Crook County. The destination resort overlay will ensure resort development that complements the physical attractiveness of an area without significant adverse effects on adjacent rural residential subdivisions, commercial farming and forestry operations, or the significant natural and cultural features which contribute to the setting. (Ord. 18 § 12.010, 2003)
18.116.020 Applicability.
(1) The provisions of this chapter shall apply solely to development which meets the standards set forth in CCC 18.116.040 or 18.116.050. Development which meets the standards in CCC 18.116.040 shall be referred to hereafter as a “destination resort,” and development which meets the standards in CCC 18.116.050 shall be referred to hereafter as a “small destination resort.” Where special standards or criteria are not specifically called out for small destination resorts, the standards for destination resorts shall apply. For a destination resort application, the standards and procedures of this chapter shall govern in cases where they conflict with the standards or procedures of the underlying zone. Other provisions of this title, made applicable by specific map designations such as the flood plain combining zone (FP), airport obstruction overlay zone, riparian protection zone, and sensitive bird habitat combining zone (SBH), or otherwise applicable under the terms of the county zoning ordinance, shall remain in full force and effect, except as otherwise specified herein.
(2) Destination resorts shall be allowed only on tracts mapped by the county as eligible for destination resort siting and designated as such in the comprehensive plan. The eligibility map (also known as the destination resort overlay) shall be based on reasonably available information, and shall be the sole basis for determining whether tracts of land are eligible for destination resort siting pursuant to ORS 197.435 to 197.467 (i.e., without taking an exception to Goals 3, 4, 11 or 14).
(3) Effective July 1, 2008, the existing eligibility map may be amended through a legislative comprehensive plan amendment process. The amendment process shall occur no more than once every 36 months. Amendments of the eligibility map are subject to the criteria set out in ORS 197.455, Statewide Planning Goal 8, the Crook County Comprehensive Plan, this policy, and other criteria as may be established through subsequent amendments to the Crook County Comprehensive Plan and/or Crook County Code. An eligibility map amendment can be applied for as follows:
(a) The Crook County court may initiate, without payment of a fee, a legislative comprehensive plan amendment process at any time following adoption of Ordinance 206. The provisions of Chapter 18.168 CCC shall apply to the amendment process;
(b) After the initial legislative comprehensive plan amendment, an individual may apply for a legislative comprehensive plan amendment by submitting an application form and the required supporting materials as prescribed by the planning director requesting properties be added or removed from the eligibility map. The county will consider applications for legislative plan amendments no sooner than 36 months after the initial legislative comprehensive plan amendment. The planning director shall retain any applications received until the expiration of the 36-month period and shall then schedule the matter for concurrent processing by the planning commission. The planning director shall establish the required application content and form and may adjust the application form as needed;
(c) Submitting the filing fee for each application for a destination resort overlay map amendment as set by the county court;
(d) Multiple applications shall be consolidated for the legislative hearing process required for comprehensive plan amendments pursuant to Chapter 18.168 CCC; and
(e) Prior to the first public hearing, the county shall require a recommendation from either or both a technical advisory committee consisting of local, state, and federal agencies, and/or an approved appointed citizen advisory committee which meets the requirements of the county’s comprehensive plan and Goal 1 of the Statewide Planning Goals. (Ord. 206 § 1, 2008; Ord. 18 § 12.020, 2003)
18.116.030 Definitions.
(1) “Destination resort” means a self-contained development providing visitor-oriented accommodations and developed recreational facilities in a setting with high natural amenities. To qualify as a destination resort, a development must meet the standards set forth in CCC 18.116.040.
(2) “Developed recreational facilities” means improvements constructed for the purpose of recreation and may include but are not limited to golf courses, tennis courts, athletic fields, interpretive centers, wildlife observation shelters, nature trails, swimming pools, marinas, ski trails, snowmobile trails, bicycle paths, equestrian facilities, and indoor and outdoor sport facilities.
(3) “High value farmland” means a tract composed predominantly of soils that are classified as prime, unique, Class I, or Class II. A tract is composed predominantly of such soils if more than 50 percent of the acreage of the tract is composed of prime, unique, Class I, or Class II soils.
(4) “Open space” means any land that is retained in a substantially natural condition, or is improved for outdoor recreational uses such as golf courses, playing fields, hiking or nature trails or equestrian or bicycle paths, or is specifically required to be protected by a conservation easement. Open spaces may include ponds, lands protected as important natural features, lands preserved for farm or forest use, required landscaped areas and lands used as buffers. Open space does not include residential lots or yards, streets or parking areas.
(5) “Overnight lodgings” means permanent, separately rentable accommodations, which are not available for residential use. Overnight lodgings include hotel rooms, lodges, cabins and time-share 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 year through a central reservation and check-in service. Tent sites, recreational vehicle parks, manufactured dwellings, dormitory rooms and similar accommodations do not qualify as overnight lodgings for the purpose of this definition.
(6) “Self-contained development” means a development for which community sewer and water facilities are provided on site and are limited to meet the needs of the development or which is served by existing public sewer or water service as long as all costs related to service extension and any capacity increases are borne by the development. A “self-contained development” shall have developed recreational facilities provided on site.
(7) “Small destination resort” means a destination resort that meets the standards set forth in CCC 18.116.050.
(8) “Tract” means a lot or parcel or more than one contiguous lot or parcel in a single ownership. A tract on which a destination resort is sited may include property that is not included in the destination resort if the property to be excluded is on the boundary of the tract and constitutes less than 30 percent of the total tract.
(9) “Visitor-oriented accommodations” means overnight lodging, restaurants and meeting facilities, which are designed to provide mainly for the needs of visitors rather than area residents. (Ord. 18 § 12.030, 2003)
18.116.040 Standards.
A destination resort shall meet the following standards:
(1) Development shall be located on a tract that contains at least 160 acres.
(2) Development shall not be located on high value farmland.
(3) Development shall include meeting rooms, restaurants with seating for at least 100 persons, and a minimum of 150 separate rentable units for overnight lodging, oriented toward the needs of visitors rather than area residents. However, the rentable units may be phased in as follows:
(a) A total of 150 units of overnight lodging shall be provided as follows:
(i) At least 50 units of overnight lodging, not including any individually owned homes, lots or units, shall be constructed or guaranteed prior to the closure of sale of individual lots or units through an agreement and security provided to the county in accordance with CCC 17.40.080 and 17.40.090.
(ii) The remainder shall be provided as individually owned lots or units subject to deed restrictions that limit their use to overnight lodging units. The deed restrictions may be rescinded when the resort has constructed 150 units of permanent overnight lodging as required by this subsection.
(b) The number of units approved for residential sale shall not be more than two units for each unit of permanent overnight lodging provided under subsection (3)(a)(i) of this section; provided, however, after an applicant has constructed its first 150 permanent overnight lodging units, the county may approve a final development plan modification to increase the ratio of units approved for residential sale to units of permanent overnight lodging from two to one to two and one-half to one.
(c) The development approval shall provide for the construction of other required overnight lodging units within five years of the initial lot sales.
(d) In a phased development, after completing construction of the initial 150 units of overnight lodging units described in subsection (a) of this section, in lieu of fully constructing required overnight lodging units, an applicant may request at the time it submits a tentative plan application to guaranty construction of any overnight lodging units required per subsection (b) of this section if the following requirements are met:
(i) The applicant shall provide an agreement and security in amount equal to or greater than 130 percent of the anticipated costs to construct the overnight lodging units to the county in accordance with CCC 17.40.080 and 17.40.090;
(ii) Such agreement and security shall have a maximum term of four years and must require construction of the required overnight lodging units to be complete (as evidenced by a certificate of occupancy issued by the Crook County building department) prior to the expiration of such term; and
(iii) The applicant must demonstrate to the hearing authority’s satisfaction that the need to provide a guaranty is the result of factors outside the applicant’s control (e.g., a lack of necessary construction materials or shortage of necessary labor to complete construction). Routine development costs changes, labor disputes, competition from other entities, or events that are the inherent risks of business do not qualify.
(4) Prior to closure of sale of individual lots or units, all required developed recreational facilities, key facilities intended to serve the entire development, and visitor-oriented accommodations shall be either fully constructed or guaranteed by providing an agreement and security in accordance with CCC 17.40.080 and 17.40.090. In phased developments, developed recreational facilities, key facilities intended to serve a particular phase, and required visitor-oriented accommodations shall be either fully constructed prior to sales in that phase or guaranteed by providing an agreement and security in accordance with CCC 17.40.080, 17.40.090, and, if applicable, subsection (3)(d) of this section. Nothing in this subsection shall be interpreted to require the construction of all approved phases of a destination resort; provided, that the destination resort as developed complies with the minimum development requirements of subsections (3), (5), and (7) of this section.
(5) At least $7,000,000 shall be spent 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. Spending required under this subsection is stated in 1993 dollars. The spending required shall be adjusted to the year in which calculations are made in accordance with the United States Consumer Price Index.
(6) Commercial uses are limited to those listed in CCC 18.116.070(8). Such uses must be internal to the resort, and are limited to the types and levels of use necessary to meet the needs of visitors to the resort. Industrial uses of any kind are not permitted.
(7) At least 50 percent of the site shall be dedicated to permanent open space, excluding yards, streets, and parking areas.
(8) If the site includes a resource site designated on the county’s Goal 5 inventories as significant, the resource site shall be protected in accordance with the adopted Goal 5 management plan for the site. Sites designated for protection pursuant to Goal 5 shall also be preserved by design techniques, open space designation, or a conservation easement sufficient to protect the resource values of the resource site. Any conservation easement created pursuant to this subsection shall be recorded with the property records of the tract on which the destination resort is sited prior to development of the phase of which the resource site is a part.
(9) Riparian vegetation within 100 feet of natural lakes, rivers, streams and designated significant wetlands shall be retained as set forth in CCC 18.124.090.
(10) The dimensional standards otherwise applicable to lots and structures in underlying zones pursuant to Chapters 18.16 through 18.112 and 18.120 through 18.140 CCC shall not apply within destination resorts. The planning commission shall establish appropriate dimensional standards during final development plan review.
(11) Except where more restrictive minimum setbacks are called for, the minimum setback from exterior property lines, excluding public or private roadways through the resort, for all development (including structures and site-obscuring fences of over three feet in height but excepting existing buildings and uses) shall be as follows:
(a) Two hundred fifty feet for commercial development listed in CCC 18.116.070, including all associated parking areas;
(b) One hundred feet for visitor-oriented accommodations other than single-family residences, including all associated parking areas;
(c) Twenty-five feet for above-grade development other than that listed in subsections (11)(a) and (b) of this section;
(d) Twenty-five feet for internal roads;
(e) Twenty-five feet for golf courses and playing fields;
(f) Twenty-five feet for jogging trails, nature trails and bike paths where they abut private developed lots, and no setback where they abut public roads and public lands;
(g) The setbacks of this section shall not apply to entry roadways, landscaping, utilities and signs.
(12) Alterations and nonresidential uses within the 100-year flood plain and alterations and all uses on slopes exceeding 25 percent are allowed only if the applicant submits and the planning commission approves a geotechnical report that demonstrates adequate soil stability and implements mitigation measures designed to mitigate adverse environmental effects. Such alterations and uses include, but are not limited to:
(a) Minor drainage improvements which do not significantly impact important natural features of the site;
(b) Roads, bridges, and utilities where there are no feasible alternative locations on the site; and
(c) Outdoor recreational facilities, including golf courses, bike paths, trails, boardwalks, picnic tables, temporary open sided shelters, boating facilities, ski lifts, and runs. (Ord. 340 § 2, 2023; Ord. 329 § 2 (Exh. A), 2022; Ord. 296 § 8 (Exh. F), 2016; Ord. 247 § 1, 2011; Ord. 18 § 12.040, 2003)
18.116.050 Standards for small destination resorts.
In lieu of the standards set forth in CCC 18.116.040, the standards set forth in this section may be applied to a destination resort on land that is not zoned exclusive farm use (EFU), forest (F-1), forest recreation (FR-10) or residential woodlot (RW-40).
Developments, which meet the following standards, shall be considered small destination resorts:
(1) The resort shall be located on a tract that contains a site of at least 20 acres.
(2) The resort shall provide lodging and other services oriented to a recreational resource, which can only reasonably be enjoyed in a rural area. Such recreational resources include, but are not limited to, a hot spring, a ski slope, or a fishing stream.
(3) At least 25 units, but not more than 75 units, of overnight lodging shall be provided. A restaurant and meeting room with at least one seat for each unit of overnight housing shall be provided.
(4) At least $2,000,000 shall be spent 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. Spending required under this subsection is stated in 1993 dollars. The spending required shall be adjusted to the year in which calculations are made in accordance with the United States Consumer Price Index.
(5) Residential uses shall be limited to those necessary for the staff and management of the resort.
(6) The resort shall be constructed and located so that it is not designed to attract highway traffic. Resorts shall not use any manner of outdoor advertising signing except:
(a) Tourist-oriented directional signs as provided in ORS 377.715 to 377.830; and
(b) On-site identification and directional signs.
(7) The resort shall comply with the destination resort standards set forth in CCC 18.116.040(6) through (12). (Ord. 18 § 12.050, 2003)
18.116.060 Permitted uses.
The following uses are allowed on lands designated as eligible for destination resort siting, provided they are part of, and intended to serve persons at, a destination resort approved pursuant to this chapter:
(1) Visitor-Oriented Accommodations.
(a) Overnight lodging;
(b) Convention and conference facilities and meeting rooms;
(c) Restaurants, lounges and similar eating and drinking establishments; and
(d) Other similar visitor-oriented accommodations consistent with the purposes of this chapter and State-wide Planning Goal 8.
(2) Developed Recreational Facilities.
(a) Golf courses, golf instruction, putting courses, miniature golf courses, and accessory clubhouses;
(b) Indoor and outdoor swimming pools;
(c) Indoor and outdoor tennis courts;
(d) Physical fitness and spa facilities;
(e) Playing fields and indoor sport facilities;
(f) Equestrian facilities;
(g) Interpretive centers and museums;
(h) Wildlife observation shelters;
(i) Walkways, bike paths, jogging paths, equestrian trails, nature trails, ski trails and snowmobile trails;
(j) Marinas and boating facilities;
(k) Other similar recreational facilities consistent with the purposes of this chapter and State-wide Planning Goal 8.
(3) Residential Accommodations.
(a) Single-family dwellings;
(b) Multifamily dwellings;
(c) Two-family dwellings;
(d) Zero-lot line dwellings;
(e) Time share projects; and
(f) Living quarters for employees.
(4) Open space uses, which may include improvements necessary for the development of golf course fairways and greens, recreational trails, lakes and ponds, primitive picnic facilities including park benches and picnic tables, and irrigation equipment and associated pumping facilities where farming activities would be consistent with identified preexisting open space uses.
(5) Accepted agricultural and forestry practices as permitted in this title.
(6) Facilities necessary for public safety and utility service within the destination resort, including construction office, storage, equipment staging areas, etc.
(7) Other similar uses permitted in the underlying zone and consistent with the purposes of this chapter. (Ord. 18 § 12.060, 2003)
18.116.070 Accessory uses.
The following accessory uses may be permitted provided they are ancillary to the destination resort and consistent with the purposes of this chapter:
(1) Visitor-related transportation facilities excluding airports but including heliports and airstrips;
(2) Emergency medical facilities;
(3) Storage structures and areas, including short-term recreational vehicle storage for resort visitors;
(4) Kennels as a service for resort visitors only;
(5) Recycling and garbage collection facilities;
(6) Maintenance shops and facilities;
(7) Dormitories;
(8) Commercial services and specialty shops designed to provide for the visitors to the resort:
(a) Specialty retail shops including but not limited to drug and sundries stores, clothing stores, book stores, craft studios, art galleries, gift shops, florists, laundry services, convenience and grocery stores, sports equipment sales, video/carnival games, fast food and specialty food shops (bakery, brewery, etc.);
(b) Barber shops, beauty salons, tanning salons, massage studios, day care facilities, and other similar personal services shops;
(c) Automobile service stations limited to fuel sales, incidental parts sales, minor repairs and minor maintenance;
(d) Banking and real estate offices;
(e) Business centers (computer, facsimile, printing facilities);
(f) Religious/social gathering centers;
(g) Other similar commercial services which provide for the needs of resort visitors and are consistent with the purposes of this chapter and State- wide Planning Goal 8.
(9) Theaters;
(10) Temporary uses, including temporary or seasonal fairs, festivals, and charity or promotional activities consistent with the purposes of this chapter;
(11) Other similar accessory uses consistent with the purposes of this chapter. (Ord. 18 § 12.070, 2003)
18.116.080 Application procedures and contents.
(1) Before submitting a development plan for approval, an applicant proposing a destination resort shall conduct a preapplication conference with the planning department to obtain general information, guidelines, procedural requirements, advisory opinions, and technical assistance for the project concept.
(2) Following a preapplication conference, the applicant shall submit a development plan for review by the planning commission. Fifteen copies of the development plan shall be submitted to the planning department along with a filing fee set by the Crook County court to defray costs incidental to the review process.
(3) The development plan shall contain the following elements:
(a) Illustrations and graphics to scale, identifying:
(i) The location and total number of acres to be developed as a destination resort;
(ii) The subject area and all adjacent tax lots, with existing zoning;
(iii) Types and general location of proposed development and uses, including residential and commercial uses;
(iv) A general depiction of the characteristics of the site, including:
(A) Goal 5 resources on the county’s comprehensive plan inventory;
(B) Riparian vegetation within 100 feet of natural lakes, rivers, streams, and designated significant wetlands;
(C) Water areas, including streams, lakes, ponds and designated significant wetlands;
(D) Boundaries of the 100-year flood plain, if present on the site;
(E) Slopes exceeding 25 percent;
(F) Existing topography.
(v) Proposed methods of access to the development, identifying the main vehicular circulation system within the resort and an indication of whether streets will be public or private;
(vi) Major trail systems;
(vii) The approximate location and number of acres proposed as open space, buffer area or common area. Areas proposed to be designated as “open space,” “buffer area” or “common area” should be conceptually illustrated and labeled as such;
(viii) List of proposed recreational amenities and approximate location.
(b) A conceptual water and sewer facilities master plan for the site, including a master plan study prepared by a professional engineer certified in the state of Oregon, describing:
(i) An estimate of water demands for the destination resort at maximum build-out;
(ii) Availability of water for estimated demands at the destination resort, including (1) identification of the proposed source; (2) identification of all available information on ground and surface waters relevant to the determination of adequacy of water supply for the destination resort; (3) a copy of any water right application or permit submitted to or issued by the Oregon Water Resources Department (OWRD), including a description of any mitigation measures proposed to satisfy OWRD standards or requirements;
(iii) A water conservation plan including an analysis of available measures, which are commonly used to reduce water consumption. This shall include a justification of the chosen water conservation plan. The water conservation plan shall analyze a wastewater disposal plan utilizing beneficial use of reclaimed water to the extent practicable. For the purposes of subsection (3)(b) of this section, beneficial uses may include, but are not limited to:
(A) Agricultural irrigation or irrigation of golf courses and greenways;
(B) Establishment of artificial wetlands for wildlife habitation;
(C) Groundwater recharge.
(c) A conceptual site drainage plan;
(d) A solid waste management plan;
(e) An open space management plan, including:
(i) An explanation of how the open space management plan will ensure that at least 50 percent of the resort is dedicated to open space at all times;
(ii) Proposed conservation easements to protect significant Goal 5 sites pursuant to CCC 18.116.040(8).
(f) A description of measures intended to mitigate significant project impacts on fish and wildlife and other natural values present in the open space areas;
(g) A traffic study which addresses: (1) impacts on affected county, city, and state road systems, and (2) transportation improvements necessary to mitigate any such impacts. The study shall be prepared by a licensed traffic engineer in coordination with the affected road authority (either the county department of public works or the Oregon Department of Transportation, or both);
(h) A written statement addressing how the proposed destination resort satisfies the standards of CCC 18.116.040 or 18.116.050, and the approval criteria of CCC 18.116.100;
(i) A description of any proposed development or design standards, together with an explanation of why the standards are adequate to minimize significant adverse impacts on adjacent land uses within 500 feet of the boundaries of the parcel on which the destination resort is to be developed;
(j) A description of the proposed method of providing all utility systems, including the preliminary or schematic location and sizing of the utility systems;
(k) A description of the proposed order and schedule for phasing (if any) of all development including an explanation of when facilities will be provided and how they will be secured, proportional to the level of development, if not completed prior to the closure of sale of individual lots or units;
(l) A description of the proposed method for providing emergency medical facilities and services and public safety facilities and services, including fire and police protection. (Ord. 18 § 12.080, 2003)
18.116.090 Development plan review procedure.
(1) Review of the development plan shall be in accordance with the provisions of the planning commission review procedure (Chapter 18.172 CCC).
(2) The planning commission may attach any conditions (including requirements for improvement assurances) it deems necessary to the development plan approval when directly related to applicable standards and criteria and supported by substantial evidence in the whole record.
(3) The planning commission shall issue a final order of its decision on the development plan. The planning commission’s decision may be appealed to the county court. (Ord. 18 § 12.090, 2003)
18.116.100 Approval criteria.
The planning commission or county court shall approve a development plan for a destination resort if it determines that all of the following criteria are met:
(1) The tract where the development is proposed is eligible for destination resort siting, as depicted on the acknowledged destination resort overlay map.
(2) The development plan contains the elements required by CCC 18.116.080.
(3) The proposed development meets the standards established in CCC 18.116.040 or 18.116.050, qualifying as a destination resort or a small destination resort, respectively.
(4) The uses included in the destination resort are either permitted uses listed in CCC 18.116.060, or accessory uses listed in CCC 18.116.070 that are ancillary to the destination resort and consistent with the purposes of this chapter.
(5) The development will be reasonably compatible with surrounding land uses, particularly farming and forestry operations. The destination resort will not cause a significant change in farm or forest practices on surrounding lands or significantly increase the cost of accepted farm or forest practices.
(6) The development will not have a significant adverse impact on fish and wildlife, taking into account mitigation measures.
(7) The traffic study required by CCC 18.116.080(3)(g) illustrates that the proposed development will not significantly affect a transportation facility or will comply with subsection (7)(b) of this section.
(a) A resort development will significantly affect a transportation facility for purposes of this approval criterion if it would, at any point within a 20-year planning period:
(i) Change the functional classification of the transportation facility;
(ii) Result in levels of travel or access which are inconsistent with the functional classification of the transportation facility; or
(iii) Reduce the performance standards of the transportation facility below the minimum acceptable level identified in the applicable transportation system plan (TSP).
(b) If the traffic study required by CCC 18.116.080(3)(g) illustrates that the proposed development will significantly affect a transportation facility, the applicant for the destination resort shall assure that the development will be consistent with the identified function, capacity, and level of service of the facility through one or more of the following methods:
(i) Limiting the development to be consistent with the planned function, capacity and level of service of the transportation facility;
(ii) Providing transportation facilities adequate to support the proposed development consistent with Chapter 660 OAR, Division 12; or
(iii) Altering land use densities, design requirements or using other methods to reduce demand for automobile travel and to meet travel needs through other modes.
(c) Where the option of providing transportation facilities is chosen in accordance with subsection (7)(b)(ii) of this section, the applicant shall be required to provide the transportation facilities to the full standards of the affected authority as a condition of approval. Timing of such improvements shall be based upon the timing of the impacts created by the development, as determined by the traffic study or the recommendations of the affected road authority.
(8) The water and sewer facilities master plan required by CCC 18.116.080(3)(b) illustrates that proposed water and sewer facilities can reasonably serve the destination resort.
(9) The development complies with other applicable standards of the county zoning ordinance. (Ord. 336 § 9 (Exh. H), 2023; Ord. 18 § 12.100, 2003)
18.116.110 Final development plan review procedure.
(1) Following approval of the development plan, the applicant shall submit for review a final development plan that meets the requirements of CCC 18.172.040 and addresses all conditions of the development plan.
(2) The planning commission shall review a final development plan. The planning commission shall approve a final development plan if it conforms to the approved development plan and its conditions of approval.
(3) If the planning commission finds that the final development plan is materially different from the approved development plan, the applicant shall submit an amended development plan for review. “Materially different,” as used in this subsection, means a change in the type, scale, location, or other characteristics of the proposed development such that findings of fact on which the original approval was based would be materially affected. Submission of an amended plan shall be considered in the same manner as the original application, except that the review of an amended plan shall be limited to aspects of the proposed development that are materially different from the approved development plan. (Ord. 216 § 2, 2009; Ord. 18 § 12.110, 2003)
18.116.120 Duration of final development plan approval.
A final development plan approval, including a modified final development plan approval, shall become void if construction has not commenced within two years, plus the period of any extensions under CCC 18.172.060 after the date the approval, including any modified approval, became final. Appeals to higher authorities, including the Oregon Land Use Board of Appeals, Court of Appeals, Oregon Supreme Court or Circuit Court, shall toll the running of this time period until such time as all appeals are fully resolved by a final judgment being issued by the appellate authority and any remand proceedings have resulted in a final county decision. (Ord. 326 § 6 (Att. A), 2021; Ord. 18 § 12.120, 2003)