1993-41433-Minutes for Meeting October 27,1993 Recorded 11/15/1993J F-
93-41433 (� Q (�
MINUTES 0128-01',36
DESCHUTES COUNTY BOARD OF COMMISSIONERS Q3,— t" 11 2•
W Na J � � Ft � ��
Sunriver Incorporation Public Hearing
October 27, 1993 y
Chair Tom Throop called the meeting to order at 7:05 p.m. Board of
Commissioners in attendance were Tom Throop, Nancy Pope Schlangen,
and Barry Slaughter. Also in attendance were Rick Isham, Legal
Counsel; Kevin Harrison, Planner; and Larry Rice, Public Works
Director.
PUBLIC HEARING: ON SUNRIVER INCORPORATION
Before the Board was a public hearing on the petition to initiate
the incorporation of Sunriver. Chair Tom Throop welcomed everyone
and explained the agenda for the evening. Chair Throop stated that
thirty minutes each would be allowed for presentations from the
proponents and opponents. Individual testimony would be taken and
limited to three minutes each. He stated that testimony would also
be taken from neutral parties, if there were any. A ten minute
rebuttal would be allowed for each the proponents and opponents.
Kevin Harrison provided background information on the petition for
the incorporation of Sunriver. He reported this was the second
petition for Sunriver incorporation. The first petition was
denied. The current petition includes a 600 acre track designated
as the Two Rivers Destination Resort and a 400 acre track zoned for
forest use. The new economic feasibility statement proposes a tax
base.
Al Johnson stated that if the decision is to approve the petition,
it does not necessarily constitute an endorsement of the city.
This is not a hearing on whether to have a city, but whether or not
to have an election.
Chair Throop opened the public hearing and requested statements
from the proponents.
Vincent Le Pore, Co -Chair of the Sunriver Incorporation Committee,
reported the Sunriver Incorporation Committee would have three
presenters in support of incorporation. He felt the voters should
have the opportunity to express their desire at the polls.
Dick Wright testified in support of the incorporation of Sunriver.
Charles Cusack testified in support of the incorporation of
Sunriver. See attached copy of written testimony.
Bill Gary testified in support of the incorporation of Sunriver.
See attached copy of written testimony.
0128-01V
Commissioner Schlangen felt the 400 acres being held in reserve for
inventory for development was fine. However she expressed a
concern regarding Goal No. 10 and how it will be addressed in the
immediate future. She questioned how those housing needs would be
met.
Bill Gary reported there are three areas of undeveloped land that
are included in the proposed city. The business park has eighteen
lots that could be developed for housing. In addition to that,
there are plans for development on the 606 acre parcel that is
included in the proposed city which will ensure that there is an
adequate inventory of developable land within the proposed city.
He stated that when the time comes that there is a need to provide
low income housing or housing of a different kind, there is a 200
acre parcel that is available for development. The plan is
designed for flexibility for the City of Sunriver elected officials
and voters to move forward and make the kind of policy judgments
that all cities are required to make with respect to housing.
Commissioner Schlangen questioned if there were any other
designated lands for industrial and business use other than the
park.
Bill Gary responded that the potential area for developable
industrial and business land would be in the business park. The
200 acre could also include some commercial or industrial land, but
that would in the future.
Chair Throop questioned if the 606 acres, Two Rivers Resort, and
the 90 acres in the business park would provide sufficient economic
development and housing lands in the near future and the 404 acres
in the F-2 would be able to accomplish those objectives in the more
distant future.
Bill Gary stated that Goal 10 speaks about providing affordable
housing and is a statewide goal. This goal does not require that
every community demographically provide a perfect representation of
the overall economic wherewithal of the citizens of the state of
Oregon. It does not mean that the City of Sunriver would not have
a responsibility to look at a provision for multiple family housing
and housing of a different kind than what may be contemplated in
the new development.
Chair Throop asked how the 18 parcels in the business park that
could be used for housing or economic development were zoned.
Bill Gary was not sure how they were zoned. He thought they were
developed in a way that would permit multi -family residential with
a conditional use permit. The zoning decisions would be made by
the City of Sunriver once it was incorporated.
Chair Throop questioned if the County was able to retain the room
tax revenue from private rentals for a period of a year, would an
estimate that this would produce as much as $500,000 be accurate.
0128-aIR-10o
Charles Cusack responded that he had figures from a study performed
in 1991 by a local property management firm which established about
543 privately rented units. The figures from this survey came to
$534,058. It would take a while to reach that level.
Chair Tom Throop asked why the land directly south, Deschutes
Recreation Homesites, would not be included in the incorporation.
Dick Wright responded by saying they were trying to come up with a
reasonable community and the Deschutes River is a natural boundary
to the west. Deschutes Recreation Homesites does not begin at the
Deschutes River. He felt the difficulty of extending water and
sewer services across the river were mitigating circumstances
against including that area.
Bill Gary clarified that the documents submitted for the record
included an estimate of the cost of extending services to the
Deschutes Recreation Homesites which were extremely expensive.
Al Johnson stated the new city would not necessarily have to or be
able to comply with all statewide goals. However, he felt it had
an obligation under the incorporation statutes to secure
acknowledgement of its own land use plan. The city will have to
come up with results that address the housing requirements and lay
out a road map how the city can and will meet its obligations on
the land area since it will be in the city.
Bill Gary stated that there will be obligations and with the
inclusion of that 400 acres of undeveloped land, it gives the
planners of the city the resources that it needs in terms of land
base to make reasonable plans. He felt it was clear that the city
would have the ability to satisfy both the housing goal and the
economic development goal.
Al Johnson stated that the capital improvement program would have
to prove how the city will be able to serve enough of that 400
acres to provide for whatever housing or commercial or industrial
uses are determined to be necessary.
Bill Gary stated that the incorporation committee understands that
the final decision regarding what this comprehensive plan looks
like involves coordination with our planning partners at the county
level as well as at the state level. They also understand that in
order to have a plan acknowledged, it may have to have some
adjustment to the original proposal.
Al Johnson asked what kinds of obligations might the city have with
respect to the housing goal or the public services goal during that
planning time.
Bill Gary reported that they would proceed under the assumption
that at the point of incorporation and until there was an
acknowledge land use comprehensive plan, the city's decisions all
0128-0,033
must be measured against the goals themselves. There would be an
advantage to the city to have an acknowledged comprehensive plan.
Chair Throop asked for testimony from the opponents or those that
are concerned about the sufficiency of this package.
Barbara Wade, President of the Sunriver Owners Association Board of
Directors, had an answer for a couple of questions asked by Chair
Throop. She stated the business park land is zoned industrial and
housing is not allowed as a conditional use. That land costs $2
Plus per square foot or approximately $100 per lot. The 600 acre
lots are selling for $107,000 each. She felt it would seem evident
that those prices do not meet across the board Goal 10 needs.
Barbara Wade reported that the Sunriver Owners Association Board of
Directors established one of their major goals for the year to be
to ensure that the SROA membership and effected parties are fully
informed of all aspects of incorporation. The Board of Directors
does not intend to obstruct bringing this issue to a vote by the
registered voters of Sunriver.
Dan Clinkenbeard testified in opposition to the incorporation of
Sunriver. See attached written testimony.
Dave Huntington, Director on Sunrivers Owners Association Board,
read a letter written by Bruce Bischof in opposition to the
Sunriver incorporation.
Pete Pedone testified in favor of the incorporation of Sunriver.
George Meagher asked if the Board believed if the residents in a
community should have a right to decide what the future of their
community should be.
Chair Tom Throop asked for neutral testimony. No one came forward
to testify.
Ron Kraus had a question regarding the whether the county would
require sidewalks and road standards within the city.
Rick Isham stated that it was his understanding that road standards
are adopted by each jurisdiction. There is a minimum County right-
of-way width standard which is set by state statute. The distance
of curbs, drainage or other facilities within the right-of-way are
pursuant to an ordinance adopted by the appropriate jurisdiction.
The paved width standards are generally provided for by ordinances
of the jurisdiction.
Chair Throop felt the existing road were probably grandfathered and
it would be a local determination whether those are subject to some
improvement in the future. New road would probably be have to meet
certain new standards.
0128-Q VO
Commissioner Schlangen felt the determination of standards would be
set by the Sunriver city counsel if there is an incorporation.
They will probably set standards for the future that are higher
than what are here now.
Byron Hendricks made a statement regarding whether the economic
feasibility study should make an allowance for variation in room
tax revenues.
Tom Field testified in opposition of the incorporation of Sunriver.
Art Kegler submitted written testimony in opposition of the
incorporation of Sunriver. See attached testimony.
Bill Gary stated that it is the right thing to do to let the
residents decide. He felt it was not within the Board of
Commissioner's authority to require the method of the economic
feasibility study. He pointed out that the tax base that goes
before the voters is adequate into year three.
He felt that the letter that was received from Bruce Bischof was
not a fair representation of the public sector and collective
bargaining. It is not accurate to say that creating a city
guarantees that there will be a union.
He reviewed how the 400 acre parcel of undeveloped land played into
the twenty year plan. The local residents of Sunriver will have
the right to decide and make the proposal.
Bill Gary requested that the record be kept open for a brief amount
of time in order that he may respond to any written testimony
submitted.
Al Johnson stated that issues had been raised regarding the
feasibility statement and whether it was correct or not, etc. He
felt that one question was what standard was used to decide whether
it was sufficient to send this on to the voters.
Bill Gary felt that he did not believe the County Commissioners had
to agree with the economic feasibility study. He did not feel that
it was appropriate for them to make a finding that it is accurate.
The study is a forecast. He felt that the Commissioners only
needed to determine that the economic feasibility study that was
submitted satisfied the requirements included in the statutes.
Chair Throop questioned if the Board feels that this study does not
comply, does the Board have the ability to make any changes or work
with the petitioners to incorporate any change at all or does the
Board have to just accept or reject.
Bill Gary felt the area in which the Board had the ability to make
changes was with respect to boundaries of the proposed city. He
felt the Board was only to make a decision as to whether this issue
should go before the voters.
0128-0'041
Al Johnson stated that he agreed with Bill Gary with a couple of
exceptions. He felt that the Board could not change or impose
additional requirements on a city government that has not yet been
elected.
Chair Tom Throop clarified that there are opportunities for further
public hearings. He further stated that there may not be the need
for the other public hearings.
Commissioner Schlangen felt that everyone had an opportunity to
speak. She thought the record should be left open for seven days
for written testimony.
Chair Tom Throop closed the public hearing. He stated written
testimony will be accepted for seven days, through November 3, 1993
at 4:30 p.m.
Chair Throop scheduled a preliminary decision on Wednesday,
November 10, 1993, at 3:00 p.m. The Board will review the findings
and decision on Wednesday, November 24, 1993. The decision will be
made on December 8, 1993, at the regi
lr 10:00 a.m. Board meeting.
DATED this day of
Board of Commissioners of Deschut
LVeA-/ , 1993, by the
County, Oregon.
it
Nancy Popes 'S
n, commi$$ioner
ATTEST: I-
Amuv cr
Recording Secretary Barry H. Slaughter, Commissioner