Chapter 19.97
RECREATIONAL RESORTS
Sections:
19.97.020 Review procedure and criteria.
19.97.040 Siting requirements.
19.97.060 Application requirements.
19.97.090 Performance agreement.
19.97.010 Purpose.
Recreational resorts may be allowed in specified zones that are acknowledged exception areas 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 § 97.010.]
19.97.020 Review procedure and criteria.
A. A recreational resort approval shall be reviewed using Planning Commission review procedures (Chapter 19.24 JCC), subject to the following requirements:
1. The development complies with standards and criteria of this title and any applicable state or federal regulations;
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;
4. The recreation resort will not commit adjacent or nearby resource land to nonresource use as defined in OAR 660-004-0028;
5. The recreational resort is compatible with adjacent or nearby uses;
6. The use is consistent with requirements for exception areas contained in OAR 660-004-0018; and
7. The application is supported by adequate documentation addressing the requirements of JCC 19.97.060.
B. Prior to a final approval of a recreational resort, a final development plan shall be reviewed using site plan review process as set forth in Chapter 19.42 JCC.
C. A tentative plan prepared in conformance with JCC 19.55.060 shall be submitted for staff review of multiple lot recreation resorts. If found to be in conformance with the approved development plan and applicable code requirement, a final plat may be submitted for approval in accordance with final plat requirements contained in Chapter 19.56 JCC. [2005 RLDC § 97.020.]
19.97.030 Review standards.
The recreational resort shall comply with the following standards of development:
A. The recreational resort shall be located on a site of at least 20 acres.
B. At least 50 percent of the site shall be dedicated permanent open space excluding streets and parking areas.
C. At least $1,000,000 (in 1984 dollars) shall be spent on improvements for on-site recreational facilities and visitor-oriented accommodations exclusive of costs for land, sewer and water facilities, and roads.
D. At least 25 units for overnight accommodations shall be provided. [2005 RLDC § 97.030.]
19.97.040 Siting requirements.
A. Structures and high intensity recreational facilities shall not be located less than 200 feet from any exterior lot line.
B. The character of the neighborhood shall be maintained through site buffering or other methods to keep the appearance of the recreation resort compatible with uses in the neighborhood.
C. 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 § 97.040.]
19.97.050 Permitted uses.
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 § 97.050.]
19.97.060 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 recreational 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, and 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 the 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. 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 § 97.060.]
19.97.070 Timeline.
A. Upon final approval of a recreational resort, construction drawings for facilities shall be submitted within two years. Construction shall be completed within two 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 § 97.070.]
19.97.080 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 § 97.080.]
19.97.090 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 section 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 codes or ordinances, or by any other provision of applicable law. [2005 RLDC § 97.090.]