Or. Admin. Code § 350-082-0490

Current through Register Vol. 63, No. 11, November 1, 2024

Section 350-082-0490 - Recreation Resorts

(1) Recreation Resorts may be allowed where authorized in specified land use designations and consistent with the guidelines in sections (2) through (5) below.

(2) Uses Allowed: All commercial development (except for privately owned, public use resource-based recreation uses) and accommodations within a recreation resort shall be located within the resort core. Recreation facilities associated with the recreation resort shall be included on the resort master plan and may extend to contiguous and adjacent lands under other land use designations only if consistent with the land use designation and the Recreation Intensity Class guidelines in 350-082-0700.

(a) Accommodations that are part of a recreation resort shall meet the following standards:

(A) The total number of accommodation units and campground sites shall not exceed that approved by the resort master plan.

(B) The average size of accommodation units shall not exceed 1,300 square feet. Individual accommodation units shall be no larger than 1,600 square feet in total floor area.

(C) No unit shall contain more than one kitchen.

(D) Parking shall be predominantly in common lots or structures and accessed through shared driveways. Individual accommodation units shall not have separate or attached garages.

(E) All accommodation units shall have design and use restrictions that effectively limit their use to short-term occupancy and that require occupancy to be limited to no more than 45 days in any 90-day period.

(b) Commercial uses that are part of a recreation resort shall meet the following standards:

(A) Commercial uses shall be located predominantly within and oriented internally toward the center of the resort core or to serve adjacent recreation areas, rather than at or toward the resort perimeter.

(B) Commercial uses are limited to restaurants and pubs, a mini-mart, recreation equipment rental, and other small scale retail and guest services. Conference and meeting facilities may be permitted.

(C) Gas stations, banks, grocery stores, or other services commonly found in urban areas or catering to the traveling public shall not be permitted.

(D) Commercial uses shall be sized and oriented to primarily serve resort guests and recreation-site users rather than the traveling public.

(c) Notwithstanding 350-082-0600(1)(b), new recreation resort buildings located within the resort core may be compatible with the general scale (height, dimensions and overall mass) of industrial buildings that existed within the existing industrial complex.

(A) The cumulative footprint of all recreation resort buildings located within the resort core shall not exceed that of buildings located within the existing industrial complex at the time of application.

(B) Buildings shall not exceed 2-1/2 stories in height.

(d) Land divisions for the purpose of selling individual accommodation units shall not be permitted within the resort core.

(3) An application for a recreation resort shall include the following materials in addition to those required for large-scale review uses in 350-082-0600 through 350-082-0720:

(a) A master plan including the contents listed in subsection (4)(a) below. The master plan shall include all areas where recreational, commercial, and resort uses are proposed and where mitigation and enhancement measures are planned or necessary.

(b) A traffic impact study meeting the applicable local or state department of transportation standards that projects future conditions for each phase and after the project is completed.

(c) A description of economic impacts of resort development prepared by a qualified economist that includes:

(A) Assessment of effects on public services and emergency response needs; and

(B) Assessment of net economic effect on surrounding communities and counties that takes into account public services costs, job creation, effect on tax base, and commercial activity in nearby urban areas.

(d) An engineering assessment of impact on community water facilities and surface water quality due to projected water use and treatment methods at resort build-out.

(e) Assessment of effects on existing recreation resources at and adjacent to the resort that evaluates:

(A) Types of recreation resources and levels of current use;

(B) Existing site conditions and recreation site capacity, including parking, safety, river access, and on-river conditions;

(C) Projected additional use and effect on existing recreation areas due to recreation resort development, by phase and at full build-out;

(D) Potential effect on the quality of the recreation experience at adjacent recreation sites; including effects due to potential changes in parking, traffic, public health and safety due to recreation resort development; and

(E) Identification of potential mitigation and enhancement actions that would improve the quality of the experience for current and projected levels of use.

(f) Assessment of effect on surrounding areas. Review of impacts at a minimum shall include the visual character of the area, traffic generation, emergency response, fire risk and lighting.

(g) A delineation of the boundary of the existing industrial complex, and an inventory of existing development within the complex, including the dimensions and locations of all buildings.

(4) All development within the recreation resort shall be based on a master plan. Master plans shall be sufficiently detailed to enable the reviewing agency to confirm the guidelines of this section will be met through the development.

(a) The resort master plan shall include all the following:

(A) Land use plan: This shall designate uses for all areas within the development. This shall also include a delineation of the resort core.

(B) Building design plan: This shall describe the location, materials, colors, and dimensions of all structures proposed.

(C) Landscape plan: This shall identify all areas where existing vegetation is to be removed and retained, and describe proposed landscape plantings, species and size of plants used, as well as irrigation and landscape maintenance plans.

(D) Traffic circulation plan: This shall describe all roadway and parking locations, widths, and surfacing materials.

(E) Roadway improvement plan: This shall describe all on-site and off- site improvements necessary to mitigate traffic impacts and enhance driver and pedestrian safety in the vicinity of the resort.

(F) Grading and drainage plan: This shall indicate existing and proposed contours throughout the redevelopment area. Stormwater drainage routes and facilities shall also be indicated on this plan.

(G) Infrastructure development plan: This shall describe the location, size, basic design, funding mechanisms, and operational plans for water, sewer, power, and emergency services.

(H) Construction phasing plan: This shall indicate intended phasing of development of the project, if any, including anticipated initiation and completion dates for each component of the development. This shall also discuss how the project will function at interim stages prior to completion of all phases, and how the resort may operate successfully and meet its resource protection and enhancement commitments should development cease before all phases are completed.

(I) Resource protection and enhancement plan: This shall describe and indicate proposed measures that will be implemented to protect and enhance scenic, natural, cultural and recreation resources, including measures necessary to mitigate impacts identified through assessments required by this section.

(b) The Executive Director shall develop procedures for master plan and phase approval, time extension, and revision consistent with the following:

(A) Construction of all phases of the master plan shall be completed within 12 years from the date of approval. The Executive Director may grant one extension of time, not to exceed three years, to the validity of the master plan if they determine that events beyond the control of the applicant prevented completion of all phases of the master plan.

(B) The initial phase of the master plan shall be commenced within three years of master plan approval by the Executive Director. The Executive Director may approve one extension of time, not to exceed two years, to initiate the initial phase if they determine that events beyond the control of the applicant prevented commencement of the phase.

(C) The Executive Director shall review each phase of the master plan for consistency with the master plan prior to any construction on that phase. The review for consistency shall be an administrative decision. Each phase of the master plan shall be completed within three years from the date the Executive Director determines that phase is consistent with the master plan. The Executive Director may grant one extension of time, not to exceed two years, if they determine that events beyond the control of the applicant prevented completion of that phase.

(D) The Executive Director may approve slight changes in accordance with 350-082-0180 to the findings, conclusions, and conditions of approval for master plans and phases if the change is deemed to be consistent with the guidelines of 350-082-0490 and does not generate new significant potential impacts not previously addressed in the original review. Approval or denial of a request for a slight change or extension shall be an administrative decision.

(5) Development Standards: The applicant shall demonstrate, and the Executive Director shall make findings that determine the following standards are met through development under the approved master plan for the recreation resort:

(a) Master Plan:

(A) Removal: The first phase of recreation resort development shall result in the elimination of industrial uses and removal of all portions of the industrial complex that are not planned for use as part of the resort. Existing residential uses may remain.

(B) Infrastructure: The recreation resort shall provide its own sewer, water and internal circulation system, including roads. The development shall accommodate mass transportation to access the site and adjacent recreation areas.

(C) On-site and off-site infrastructure impacts shall be fully considered and mitigated. Mitigation may include assessment of impact fees, provision of community facilities within or adjacent to the resort. The reviewing agency may require that some or all reasonable and negotiated costs, expenses or charges associated with the alteration, construction or improvement of public services and facilities shall be the responsibility of the applicant.

(D) Phasing: Each phase shall be self-sufficient, in conjunction with existing elements of the resort. Transportation, parking, utilities, landscaping, as well as recreation mitigation and enhancements for each phase shall be satisfied within each phase and shall not be dependent upon a future phase.

(i) Each phase of the development shall be designed to be completed within two years of the commencement of construction for that phase.

(ii) Off-site recreation mitigation and enhancement shall be included in the first phase and completed prior to occupancy of resort buildings and initiation of a second phase.

(iii) On-site recreation mitigation and enhancement shall be developed in proportion to the type and amount of development in each phase.

(E) Landscaping necessary to screen development from key viewing areas shall be sized to provide sufficient screening to make development of each phase visually subordinate within five years or less from the commencement of construction of that phase, except for landscaping necessary to screen development from the section of SR 14 passing through the resort core. Such landscaping may be sized to provide sufficient screening to make development visually subordinate within ten years from the commencement of construction of each phase. Landscaping for each phase shall be installed as soon as possible and prior to phase completion.

(F) Bonding sufficient to ensure remediation and clean-up of the site and completion of resource enhancements identified in the master plan is required.

(b) Potentially adverse impacts of a recreation resort on surrounding areas shall be mitigated.

(A) Traffic, safety, and circulation impacts shall be mitigated in conformity with reviewing agency requirements. For each phase of the proposed development, the developer shall make road and intersection improvements to maintain traffic levels of service existing prior to each phase. The developer shall ensure that in no event may it cause the public road system to operate below a level-of-service (LOS) C for intersection delay during the peak traffic hour. LOS C standards shall be determined based on the most recently adopted version of the Highway Capacity Manual (Transportation Research Board).

(B) The Executive Director may apply additional restrictions on noise, odor, lighting and water treatment in order to mitigate identified impacts.

(c) Recreation resources on the subject property shall be protected and enhanced by the development of the recreation resort. Recreation resources on adjacent lands and nearby areas shall be protected.

(A) Potentially adverse impacts to adjacent recreation sites due to the development shall be mitigated.

(B) Recreation enhancements shall include, but are not limited to, measures that address existing site conditions and provide new or expanded facilities that are open to the public.

(C) Resource protection and enhancement plans shall address at a minimum:

(i) Improvements to recreation user areas;

(ii) New or improved access to recreation sites;

(iii) Parking improvements and other potential methods to reduce parking demand at adjacent recreation sites by resort guests, such as shuttles or parking restrictions;

(iv) Cooperative agreements with the management of adjacent recreation sites to jointly address potential adverse impacts;

(v) Establishment of mitigation funds to be applied to improvements at public recreation sites; and

(vi) Development of secondary activities, such as spectator seating, development of recreational trials, interpretation sites and trails.

(d) Scenic resources shall be protected and enhanced by the development of the recreation resort. All new development, including additions or re-use of existing structures for resort use shall be visually subordinate as visible from key viewing areas. Enhancements may include, but are not limited to: removal of visually discordant structures and building materials not associated with the existing industrial complex, grading and vegetative restoration of previously disturbed areas and permanent protection of undeveloped lands in the master plan area or adjoining lands in the same ownership.

(e) Cultural resources shall be protected and enhanced by development of the recreation resort. Cultural resource reconnaissance survey procedures and standards for large-scale uses are applicable to recreation resort development. Enhancements may include, but are not limited to, interpretive displays, restoration or adaptive re-use of historical structures.

(f) Natural resources shall be protected and enhanced by the development of the recreation resort. Enhancements may include, but are not limited to, habitat improvements, permanent protection of undeveloped lands, water- quality improvements.

(g) Development of the recreation resort shall not affect or modify the treaty or other rights of the four Columbia River treaty tribes. This requires determination that the policies for "River Access and Consistency with Tribal Treaty Rights" in Part I, Chapter 4: Recreation Resources in the Management Plan and the guidelines in 350-082-0130 have been met by the application and development plan.

Or. Admin. Code § 350-082-0490

CRGC 1-2022, adopt filed 03/02/2022, effective 5/1/2022

Statutory/Other Authority: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)

Statutes/Other Implemented: ORS 196.150, RCW 43.97.015, 16 USC § 544e(c)