C.O. LandWatch seeking Deschutes County rules to sharply limit homes at any future destination resorts near Bend

State law already says new resorts near big cities can't include homes except for staff, managers

BEND, Ore. (KTVZ) – Destination resorts have been a controversial topic for decades in Central Oregon, and now that Bend has officially topped 100,000 residents, a land-use watchdog group is proposing a new step that could challenge, perhaps thwart future plans for new resorts in a broad area around the city.

Actually, it’s already a state law that any new resort proposed within 24 miles of the urban growth boundary of a city with 100,000 or more residents cannot include any homes, except for those necessary for staff and management of the resort. But Central Oregon LandWatch is concerned (see statement below) that the law's "less-than-clear language" and believes it needs reinforcement by including in county regulations.

If that 100,000 population milestone had been reached earlier, it likely would have made for big changes in several resorts approved and built around Deschutes County over the years – if not prevented some from penciling out at all.

Central Oregon LandWatch paid a more than $6,600 application fee last fall to request amendments to Deschutes County’s destination resort zone rules to comply with the state statute. Again, like the state law, it would only apply to newly proposed resorts, not existing ones, Associate Planner Tarik Rawlings said.

The county Planning Commission is scheduled to hold a work session on the proposal Thursday evening, two weeks before a Feb. 23 public hearing before the same body. After that, it could recommend that county commissioners the amendments.

The proposal also apparently would not affect the much-debated plans for Thornburgh Resort west of Redmond, which already saw the county approve its concept plan years ago, though later stages remain in dispute and hearings.

Here's a statement provided by Central Oregon LandWatch:

"Last fall, LandWatch formally requested that Deschutes County amend its zoning code to limit destination resort development. We submitted an application to the County, asking them to uphold Oregon’s land use law by updating the code. The Deschutes County Planning Commission is scheduled to hold a public hearing on 2/23/2023, and the public is invited to comment.

"This application asks Deschutes County to implement a provision of state law into the local Deschutes County zoning code. The existing state law may be enough to prevent certain new destination resorts within 24 miles of the Bend urban growth boundary, but, because of some potential interpretations of less-than-clear language in the law, this application will ensure that the state law is effective here in Deschutes County.

"Deschutes County currently has several destination resorts and more than any other Oregon county. Over the past 20 years, Deschutes County has approved four large destination resorts in the rural county outside of city limits. These four resorts - Eagle Crest, Tetherow, Pronghorn (now called Juniper Preserve), and Caldera Springs -  came in addition to the historic resorts of Black Butte, Sunriver, Seventh Mountain, and Widgi Creek. The four new resorts were permitted under Oregon’s land use law; statewide planning Goal 8 Recreation provides a path for resort development in certain instances, meant to promote tourism in rural areas."

"However, Goal 8 also includes an important limitation on destination resorts. Because Oregon’s land use laws generally protect rural land for farms, forests, and open space, destination resorts are only permitted to a point. According to Goal 8 and Oregon statute (ORS 197.455), “The county may not allow destination resorts [...] Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort.”

"Bend has now surpassed the 100,000 population threshold. This state law our application would implement locally in Deschutes County says a county can only approve a destination resort within 24 miles of Bend if residential uses are limited to those necessary for the staff and management of the resort. That means any new resort application would be much more limited in scope than the current resorts in Deschutes County."