Chapter 19.96
DESTINATION RESORTS
Sections:
19.96.020 Review procedure and criteria.
19.96.040 Siting requirements.
19.96.060 Application requirements.
19.96.090 Performance agreement.
19.96.010 Purpose.
Destination resorts may be allowed in specified zones subject to a finding at a public hearing that the proposal meets all the following criteria. The Hearing Body may attach conditions it feels necessary to make the development compatible with the uses allowed in the area. [2005 RLDC § 96.010.]
19.96.020 Review procedure and criteria.
A. An application for a destination resort shall be considered at a public hearing before the Planning Commission. In addition to meeting the basic criteria contained in JCC 19.96.030 and 19.96.040, the Commission shall require the following:
1. The development is in conformance with the comprehensive plan, implementing codes, and state requirements;
2. The development must provide community sewer and water on site which is limited to meet the needs of the development, or the development shall be serviced from existing public sewer or water facilities, as long as all costs relating to service extension and any capacity increases are borne by the development;
3. Adverse impacts must be sufficiently mitigated through compliance with appropriate conditions, to include, at a minimum, water availability, sewage disposal, traffic management, erosion potential, noise generation, fire control, and flood protection; and
4. That the applicant has submitted adequate documentation to address the requirements of JCC 19.96.060.
B. Prior to a final approval of a destination resort the final development plan shall be reviewed by the Planning Director pursuant to Chapter 19.42 JCC. Site specific conditions may be required to ensure compliance with any applicable development requirement.
C. A tentative plan prepared in conformance with JCC 19.55.060 shall be submitted for staff review of multiple lot destination resorts. If found to be in conformance with the approved development plan and any applicable code requirement, a final plat may be submitted for approval by the Planning Commission and the Board of County Commissioners in accordance with the final plat requirements of Chapter 19.56 JCC. In all cases a development permit (Chapter 19.41 JCC) is required as final permit approval. [2005 RLDC § 96.020.]
19.96.030 Review standards.
In addition to the standards and criteria made applicable by the governing zone, all destination resorts shall comply with all of the following standards:
A. The destination resort shall be located on a site of at least 160 acres;
B. At least 50 percent of the site shall be dedicated permanent open space excluding yards, streets and parking areas;
C. 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:
1. The dollar amount is specified in 1993 dollars. The spending required shall be adjusted to the year the spending calculations are made using the United States Consumer Price Index;
D. Visitor-oriented accommodations shall be provided including meeting rooms, restaurants with seating for 100 persons, and 150 separate rentable units for overnight lodging. The accommodations may be phased in as follows:
1. At least 75 units of overnight lodging, not including individually owned homes, lots or units, shall be constructed or guaranteed through surety bonding or equivalent financial assurance prior to the closure of sale of individual lots or units;
2. 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;
3. The required overnight lodging shall be constructed within five years from the date of the resort approval;
E. In lieu of the standards in subsections (A), (C) and (D) of this section, the standards in subsection (F) of this section apply to a destination resort that is sited on one of the following:
1. On land that is not defined as agricultural or forest land under any statewide planning goal;
2. On land where there has been an exception to any statewide planning goal on agricultural lands, forest lands, public facilities and services and urbanization.
F. The following standards apply to the lands identified in JCC 19.96.030(E):
1. The resort shall be located on a site of 20 acres or more;
2. 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;
a. The dollar amount is specified in 1993 dollars. The spending required shall be adjusted to the year the spending calculations are made using the United States Consumer Price Index;
3. At least 25 units, but not more than 75 units, of overnight lodging shall be provided;
4. Restaurants and meeting rooms with at least one seat for each unit of overnight lodging shall be provided;
5. Residential uses shall be limited to those necessary for the staff and management of the resort;
6. The primary purpose of the resort is to 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;
7. 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 377.030; and
b. On-site identification and directional signs. [2005 RLDC § 96.030.]
19.96.040 Siting requirements.
A destination resort shall not be sited within any of the following areas:
A. Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more;
B. On a site with 50 or more contiguous acres of unique or prime farm land identified and mapped by the Natural Resource Conservation Service, or within three miles of farm land in a high value crop area, as defined in JCC 19.11.100, unless the resort complies with the requirements of JCC 19.96.030(F) in which case the resort shall not be closer to a high value crop area than one-half mile for each 25 units of overnight lodging or fraction thereof (area specified has been identified and a map is located in the Planning Office);
C. Predominantly cubic foot site Class 1 or 2 forest lands which are not subject to an approved goal exception (area specified has been identified and a map is located in the Planning Office);
D. If a tract to be used as a destination resort has a site designated for protection as open space, a scenic area, a historic area, or a natural resource area in the acknowledged comprehensive plan, the tract of land shall preserve the site by conservation easement sufficient to protect the resource values of the site (area specified has been identified and a map is located in the Planning Office);
E. Especially sensitive big game habitat as mapped by the Oregon Department of Fish and Wildlife in July of 1984;
F. Structures and high intensity facilities shall not be located less than 200 feet from any exterior lot line;
G. Buildings or structures shall not be erected to exceed a height of two and one-half stories or 35 feet. The Planning Commission may allow building or structures exceeding the limitation if it can determine that safety concerns are met;
H. Any change of use of facilities or construction of additional facilities shall be subject to approval by the Planning Commission in the same manner as the original development. [2005 RLDC § 96.040.]
19.96.050 Permitted uses.
As a part of a destination resort, the following uses may be permitted when the uses are limited to serve visitors at the resort:
A. Overnight lodging including lodges, hotels, motels, timeshare units, and similar temporary living accommodations;
B. All manner of outdoor and indoor recreation facilities including, but not limited to, golf courses; tennis, racquetball, and handball courts; riding stables; nature trails; riding, running, and bicycle paths; boat launching and moorage facilities; and fishing and hunting facilities;
C. Restaurants, lounges, and similar eating and drinking establishments;
D. Convention facilities;
E. Commercial services and specialty shops limited to those necessary to meet the needs of visitors to the development;
F. Residential dwellings limited to a maximum of two dwellings per overnight accommodation subject to the following:
1. The Planning Commission has the authority to limit the number of dwellings based on the limitations of facilities including water, sewage, storm drainage, transportation systems, and fire suppression;
2. No lots for dwellings can be sold until the minimum resort requirements are completed or suitably guaranteed;
3. A plan for management of the facilities necessary to service the dwellings is submitted to, and approved by, the Planning Commission. [2005 RLDC § 96.050.]
19.96.060 Application requirements.
A development plan shall be submitted and include, at a minimum, the following information:
A. A general site plan of the proposed development, which shall include the following:
1. The location and total number of acres to be designated a destination resort, the location and number of acres to be developed, and the location and number of acres to be reserved as open space or common area;
2. Proposed overall density;
3. The type, location and extent of developed recreation facilities to be provided;
4. An indication of the building types proposed, including typical lot and building configuration, and typical architectural character, units to be utilized for overnight lodging shall be identified, a summary of the total number of each type of unit shall be provided;
5. Conceptual landscape plan showing areas to remain in a natural state, areas where vegetation is to be removed, and areas to be landscaped;
6. Natural features to include streams, rivers, and significant wetlands and riparian vegetation within 100 feet of streams, rivers, and wetlands;
7. Habitat of threatened or endangered species;
8. Hazards or development constraints and proposed mitigation;
9. Ecologically or scientifically significant natural areas (see County goal number five, Inventory);
10. Roadway system including points of ingress and egress to the property;
B. A discussion of existing and projected public and private uses on adjacent lands, including the impacts of the proposed development on those uses, potential problems of incompatibility for the uses, and measures which may be employed to mitigate anticipated problems or conflicts;
C. Preliminary studies describing the water supply system, the sewage management system, the storm drainage system, and the traffic management plan;
D. A description of the system to be used for management of individually owned units that will be used for overnight lodging and how it will be implemented;
E. An economic analysis of the proposed development, which shall include:
1. An analysis which addresses the economic viability of the proposed development;
2. Fiscal impacts of the project including changes in employment, increased tax revenues, demands for new or increased levels of public services, and effects of the loss of resource lands.
F. A description of how natural features identified in subsections (A)(6), (7) and (9) of this section will be maintained. Where structures and alterations are proposed on natural features, show how the overall value of the feature will be maintained;
G. A description of methods used to avoid or minimize adverse impacts on surrounding lands, particularly intensive farming operations. Such methods may include:
1. Setbacks of structures from adjacent land uses;
2. Buffers with adjoining uses consisting of natural vegetation, fences, berms, landscaped areas, or other similar features;
H. Other information required by the Hearing Body, as may be helpful to determine that the proposed development complies with the requirements of this title. [2005 RLDC § 96.060.]
19.96.070 Timeline.
A. Upon final approval of a destination resort, construction drawings for facilities shall be submitted within two years. Construction shall be completed within five years of approval of construction drawings unless an alternative timing schedule was approved by the Commission in its original approval.
B. A one-year extension of the tentative plan approval may be granted by the Planning Director if the following are met:
1. The applicant must submit a request for an extension prior to the expiration date of the approval of the tentative plan;
2. The Planning Director shall determine that the extension is necessary to complete conditions of approval and that no changes in ordinances, codes, or circumstances would cause the original approval to be effected;
3. Additional one-year extensions may be authorized where applicable criteria for the original decision have not changed;
4. Approval of the extension is not considered a land use decision and is not subject to appeal as such.
C. Failure to submit the construction drawings or to complete construction as provided in this section operates to revoke any prior approval and to render unlawful any further development of the property approved as a part of the final approval. [2005 RLDC § 96.070.]
19.96.080 Modification.
The Review Body may modify or alter an action on a previously approved tentative plan subject to compliance with all the following:
A. A request for modification shall be submitted by the developer, in writing, setting forth the specific modification requested and the facts to justify the modification; and
B. The request shall clearly indicate that the modification is reasonably necessary to mitigate physical circumstances not anticipated in the approval process and the request will not significantly alter the previous action of the Review Body. [2005 RLDC § 96.080.]
19.96.090 Performance agreement.
A. All recreation facilities and visitor-oriented accommodations shall be constructed or suitably guaranteed in the initial phase of any use approved pursuant to the regulations of this section. The suitable guarantee shall conform to the provisions of Chapter 19.14 JCC.
B. The guarantees required by this subsection are in addition to, and not in lieu of, any other guarantees relating to the project which may be required by other portions of this title, by other ordinances or codes, or by any other provision of applicable law. [2005 RLDC § 96.090.]