1993-45710-Order No. 93-225 Recorded 12/16/199393-45'710
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Order Approving the Petition
for Incorporation of the Proposed
City of Sunriver, Calling an
Election Thereon and Adopting
Findings and Conclusions and
Prescribing an Effective Date.
ORDER NO. 93-225
REVIEWED
L Gg COUNSEL
DESCHUTES COMPY, OREGON
n
0128-1011
WHEREAS, a petition for incorporation of a new City of Sunriver
has been filed pursuant to ORS Chapter 221; and
WHEREAS, ORS 221.040(2) provides that, upon the filing of a
petition for incorporation, the Deschutes County Board of Commissioners
shall conduct a public hearing upon the merits of the petition; and
WHEREAS, ORS 197.175(1) makes the Board's consideration of a
petition to incorporate a new city an exercise of County planning and
zoning responsibility; and
WHEREAS, ORS 221.040(2) authorizes the Board to alter the
boundaries of the proposed city to include all territory that may be
benefitted by the formation of the city but must first provide owners
and residents of property within such additional territory notice and
opportunity to present evidence and argument on the applicable issues;
and
WHEREAS, the Board, upon notice duly given, conducted the required
public hearing on the proposed petition on October 27, 1993; and
WHEREAS, the Board closed the oral record after taking testimony
on October 27, 1993, and held the written record open for all
participants through 4:30 p.m. on November 3, 1993; and
WHEREAS, the Board has now considered all of the written and oral
testimony and argument submitted concerning the proposed incorporation;
and
WHEREAS, the Board determined that no additional territory would
be benefitted by the proposed city and the petition should be granted;
and
WHEREAS, the Board announced their tentative decision on the
petition on November 10, 1993, and adopted Resolution 93-106 setting
forth the tentative decision and directing the development of findings
of fact in support of the tentative decision; now, therefore
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
1 - ORDER NO. 93-225 (12/15/93)
0128-1012
Section 1. That the petition for the proposed city of Sunriver is
hereby approved.
Section 2. In support of the decision set forth in Section 1 of
this order, the Board makes the findings and conclusions set forth in
Exhibit "A," attached hereto and by this reference incorporated herein.
Section 3. That this decision shall become effective on December
20, 1993, the date it shall be mailed to the chief petitioners and
other parties to this proceedings.
Section 4. That the election relating to the incorporation of the
proposed City of Sunriver shall be held on May 17, 1994, within the
boundaries of the proposed city. This election is to be held on the
date specified herein which is the next regular statewide primary
election that is not sooner than 90 days after the date of this order.
The exterior boundaries of the proposed City of Sunriver as herein
approved are as described in Attachment A of Exhibit A, hereto which is
incorporated herein by this reference.
Section 5. The County Legal Counsel is directed to prepare the
ballot title for the election ordered in Section 4 above and to include
in the ballot title a description of the boundaries of the proposed
City of Sunriver using streets and other generally recognized features
and a statement of the tax base and tax rate included in the petition
for incorporation of the proposed City of Sunriver in compliance with
the requirements of ORS 310.402. The measure shall be submitted to the
County Clerk on or before January 3, 1994.
Section 6. At the election ordered in Section 4 of this Order,
five city council members shall be elected. The County Legal Counsel
shall prepare a notice of city council election. The notice shall be
filed with the County Clerk on or before January 3, 1994.
DATED this 15th day of December, 1993.
BOARD O COUNTY COMMISSIONERS
OF DE_S2 UTES COUNTY, OREGON
.i��. • i • a a;=iiia`"N, ommIstionetr
2 - ORDER NO. 93-225 (12/15/93)
0128-1013
EXHIBIT "A"
BOARD OF COUNTY COMMISSIONERS
RE: PETITION FOR THE
INCORPORATION ) FINDINGS IN SUPPORT OF
OF SUNRIVER ) ORDER GRANTING PETITION
APPLICANT: Sunriver Incorporation Committee,
Vince J. LePore, Jr. and Charles Cusack, Co -Chairs
Vince J. LePore, Jr. and Clifton H. Jones, Chief
Petitioners
(hereafter jointly called Petitioners)
INTRODUCTION
This matter came before the Deschutes County Board of County
Commissioners on a Petition for the Incorporation of the City of
Sunriver filed by Vince J. LePore, Jr. and Clifton H. Jones, Chief
Petitioners. ORS 221.020 provides authority for the residents of
an area, no part of which lies in an incorporated city and in which
150 persons reside, to seek to incorporate a city. Pursuant to ORS
221.031, a petition for incorporation in a form prescribed by rule
of the Secretary of State must be filed with the county clerk prior
to circulating a petition to incorporate any unincorporated
territory as a city.
The required contents of a petition for incorporation are set
out in ORS 221.031(2). The petition must designate the name and
address of no more than three persons as chief petitioners, all of
whom must be electors and residents within the boundaries of the
proposed city. It shall contain the name of the proposed city.
Further, "the petition shall also include a proposed tax base
sufficient to support an adequate level of municipal services and
a declaration of the rate of taxation necessary to raise an amount
of revenue equal to the proposed tax base." The petition must also
include a map indicating the exterior boundaries of the proposed
city.
ORS 221.035 requires that an economic feasibility statement
("EFS") must also be filed with the county clerk. The EFS "shall
form the basis for the proposed tax base required by ORS
221.031(2)." It shall also contain:
"(1) a description of the services and functions to be
performed or provided by the proposed city;
(2) an analysis of the relationship between those
services and functions and other existing or needed
government services; and
1 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1014
(3) proposed first and third year budgets for the new
city demonstrating its economic feasibility."
Once the prospective petition for incorporation and EFS have
been filed, the county clerk may authorize the circulation of the
petition to gather signatures. ORS 221.040 provides that the
petition for incorporation can be filed with the county after it
has been signed by at least 20 percent of the electors in the area
proposed to be incorporated.
ORS 221.040(2) provides that upon the filing of a petition for
incorporation, the county court (in this case, the Board of County
Commissioners) shall conduct a public hearing after proper notice.
The purpose of the hearing is to enable the county to perform its
duties, which are as follows:
(1) to receive and consider any oral and written objections
to the granting of the petition, the forming of the
proposed incorporated city, or the estimated rate of
taxation set forth in the petition.
(2 ) to determine whether to alter the boundaries as set forth
in the petition to include all territory which may be
benefited by the formation of the proposed city.
(3) to determine whether to modify the boundaries as set
forth in the petition to exclude any territory which
would not be benefited by the formation of the proposed
city.
(4) to determine whether the petition for incorporation and
the EFS comply with the requirements of ORS chapters 221;
and
(5) to determine whether incorporation of the proposed city
would be "in accordance with ORS chapters 196 and 197."
Following the hearing on the petition, the Board of
Commissioners may approve, reject, or modify the incorporation
proposal in accordance with applicable standards and criteria. See
ORS 221.040 (3). If the county approves the petition as originally
presented or as modified, the county shall order an election upon
the question of whether the proposed city shall in fact be
incorporated.
Application of statewide land use goals, county comprehensive
plan, and implementing ordinances:
Oregon's land use statutes, as interpreted by Oregon's
appellate courts, define the responsibility of the County governing
body in this proceeding, and, by extension, the nature and scope of
the application of various state and local standards and criteria.
2 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1015
ORS 197.175 (1) explicitly makes county consideration of a petition
to incorporate a new city an exercise of County planning and zoning
responsibility. The statute requires that:
"Cities and Counties shall exercise their planning and zoning
responsibilities, including, but not limited to, a city or
special district boundary change which shall mean the
annexation of unincorporated territory by a city, the
incorporation of a new city, and the formation or change of
organization of or annexation to any special district . . .
in accordance with ORS Chapters 196 and 197 and the goals
approved under ORS Chapter 196 and 197" (emphasis added).
ORS 197.190 (1) assigns to County governing bodies the
responsibility to coordinate land use planning within their
jurisdictions, as follows:
"In addition to the responsibilities stated in ORS 197.175,
each county, through its governing body, shall be responsible
for coordinating all planning activities affecting land uses
within the county, including planning activities of the
county, cities, special districts, and state agencies, to
assure an integrated comprehensive plan for the entire area of
the county . . ."
ORS 197.175 (2) requires cities and counties to adopt
comprehensive plans and implementing ordinances in compliance with
the statewide goals.
ORS 215.130 ( 2 ) provides that, until a newly incorporated city
adopts its own land use plan and implementing ordinances, the
county's plan and ordinances continue to control land use within
the city.
ORS 197.757 requires cities incorporated after January 1,
1982, to have their comprehensive plans and land use ordinances
acknowledged by the LCDC as consistent with state land use goals by
no later than four years after the date of incorporation.
These statutes envision an eventual transfer of land use
planning authority to the city and the establishment of a separate,
acknowledged city land use plan, with implementing ordinances, over
a period not to exceed four years.
Application of goals to incorporation petitions:
The Oregon Supreme court has discussed this process and in so
doing has provided useful guidance as to how the goals are to be
applied to proposed city incorporation. In Part III of its decision
in the Rajneeshpuram incorporation case, the Supreme Court
explained that:
3 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1016
"The legislature deemed a county's decision in connection with
a proposed incorporation a land use decision which must accord
with 'the goals' without exception. We take this general
mandate to mean that to the extent a county can conduct a
meaningful inquiry as to all 19 goals, it must do so. A
county's responsibility at the time it considers a petition
for an incorporation election is no greater with respect to
Goal 14 (urbanization goal) than with respect to the other
goals. It is to determine the compatibility of incorporation
and its consequences with the criteria stated in the goal.
"Incorporation will
authority for some o:
planning authority. Ic
may foreseeably af:
responsibility. The
incorporation to pr
comprehensive plan bi
that the legislature
wish to offer their
record for approval 4
they bear on future
services that the
projections about fu
purposes assume or
transfer to the city actual planning
the land presently within the county's
ome of the consequences of incorporation
:ect land that remains the county's
county cannot expect the proponents of
asent a concrete or even a tentative
sfore the election and we do not believe
intended this, although proponents may
own ideas for a plan in making their
)f the proposed incorporation insofar as
land use, such as the kind of municipal
=ity is expected to provide and the
ture population and tax base that these
necessarily imply. The realism of the
purposes and projections and the probable consequences for
land use are, of course, open to challenge.
"Although this task that ORS 197.175 assigns the counties may
not be easy, there is no doubt that the legislature assigned
it. We believe that it can be given a practical interpretation
"The seven establishment factors of Goal 14 are designed to be
considered in conjunction with the actual drawing of a
proposed UGB. Nonetheless, under the test stated in Part II of
this opinion, a county can determine whether it is reasonably
likely that the newly incorporated city can and will consider
and address the Goal 14 factors when the city eventually draws
a proposed UGB, and whether it is reasonably likely that the
city can and will ensure that future urbanization is
appropriate and not incompatible with Goal 14 and the other
goals."
In Part II of its decision, referred to in the above
paragraph, the Court said:
"The goals are designed to be applied during a local
government's preparation of a comprehensive plan, a process in
which a county court's actions with regard to an incorporation
petition are not normally a part. As a result, a county's
consideration of the goals incident to an incorporation
4 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
petition differs from a city's or
goals during the planning process
proposed for specific parcels of
0128-101'7
county's application of the
in which specific uses are
land.
it
A county discharges its planning and zoning
responsibilities with regard to whether a proposed
incorporation is in accordance with the goals' if the county
is satisfied that after a successful incorporation election it
is reasonably likely that the newly incorporated city can and
will comply with the goals once the city assumes primary
responsibility for comprehensive planning in the area to be
incorporated. The county's determination must be supported in
the record like any other county land use decision. "1000
Friends of Oregon v. Wasco County Court, 299 Or 344, 360, 367-
68, 703 P2d 207 (1985).
Application of county comprehensive plan and ordinances to
incorporation petitions:
ORS 197.175 (1) also requires counties to assure that land use
decisions, including decisions approving, modifying, or denying
petitions for incorporation comply with applicable provisions of
comprehensive plans and land use ordinances. The Deschutes County
Comprehensive Plan Goals and Policies implement the statewide
goals. Like the Goals, the Plan's Goals and Policies apply with
varying degrees of specificity to the proposed incorporation. For
example, the Deschutes County Year 2000 Plan's Urbanization Goal.
Other Goals and Policies in the same Chapter expand upon the Goal
requirements by separately addressing related issues under the
headings "Coordination", "Residential Development",
"Commercial", "Industrial", "Community Appearance", "Urban
Transportation", "Facilities and Services", and "Other".
The County's responsibility to make this land use decision in
accordance with its comprehensive plan is direct and immediate. In
addition, it must look forward to how the proposed city will deal
with the plan pending adoption of its own plan and implementing
ordinances. ORS 215.130 (2) provides that a county's comprehensive
plan and implementing ordinances shall continue to apply to land
inside a newly incorporated city unless and until the city provides
otherwise. However, ORS 197.175 imposes upon a newly incorporated
city a separate obligation to comply with statewide goals and to
make land use decisions in accordance with statewide goals, "If its
[the city's] comprehensive plan and land use regulations have not
been acknowledged by the commission". The same statute requires
cities to adopt comprehensive plans and implementing ordinances. In
addition, ORS 197.757 requires newly incorporated cities to have
their comprehensive plans and land use ordinances acknowledged by
the LCDC within four years.
Based upon these statutes, it appears that a newly
5 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1018
incorporated city must make land use decisions from the outset in
accordance with both the statewide goals and with the county's
comprehensive plan and implementing ordinances. Therefore, the
evidence and findings supporting an approval of an incorporation
petition must support the county's determination that: (1) the
proposed city can and will comply with both sets of regulations
from the outset; and, (2) the proposed city can and will adopt,
secure acknowledgement, and competently implement its own
comprehensive land use plan and implementing ordinances within the
time period allowed by the statute.
The record and findings must also demonstrate that the city
can and will continue to comply with the county plan and
implementing regulation or that the city can and will be able to
adopt and implement its own plan and implementing regulations in a
manner consistent with the statewide goals that will apply directly
to the city's planning and zoning process. This requirement
effectively brings the statewide goals in through the plan and
requires the same analysis of goal issues as described in the Wasco
case, quoted above.
If the proposed incorporation is found to be inconsistent with
the comprehensive plan or applicable zoning ordinances, then the
petition will have to be denied or an appropriate plan amendment or
land use regulation amendment will have to be adopted in
conjunction with any approval.
FACTS
Based upon filings with the County Clerk, upon the evidence
presented at the public hearings and in supplemental submissions by
interested parties, we make the following findings of fact:
1. Procedural Requirements.
1.1 On April 29, 1993, Chief Petitioners, Vince J.
LePore, Jr. and Clifton H. Jones, registered
electors within the territory of the proposed City
of Sunriver, filed with the county clerk prior to
its circulation a proposed petition to incorporate
an unincorporated territory as a city.
1.2 As required by ORS 221.031(2) the petition:
1.2.1 Designated Richard B. Wright and Clifton
H. Jones as chief petitioners, each of
whom is an elector and resident within
the boundaries of the proposed city.
1.2.2 named the proposed city the City of
Sunriver.
6 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1019
1.2.3 Proposed a tax base of $2,000,000 as
sufficient to support an adequate level
of municipal services.
1.2.4 Estimated the rate of taxation necessary
to raise an amount of revenue equal to
the proposed tax base as $3.06 per $1,000
of assessed value.
1.2.5 Included a map indicating the exterior
boundaries of the proposed City of
Sunriver. The legal description of the
area within the boundaries on the map
being set forth as Attachment A hereto
and incorporated herein by this
reference. (Territory)
1.3 On April 29, 1993, the Chief Petitioners also filed
the economic feasibility study (EFS) required by
ORS 221.035, a copy of which is marked Attachment B
hereto and incorporated herein by this reference,
and the County Clerk certified the Petition for
circulation and the gathering of signatures.
1.4 On June 10, 1993 the Chief Petitioners filed with
the County Clerk the petition with in excess of 287
signatures (Petition).
1.5 On June 14, 1993 the County Clerk verified 287
signatures on the Petition which represents 20% of
the electors within the territory of the proposed
City of Sunriver.
1.6 On September 22, 1993 the Board of County
Commissioners set the public hearing on the
Petition for October 27, 1993 at 7:00 pm in the
Great Hall at Sunriver Resort.
1.7 As required by ORS 221.040(1) on October 13 and 20,
1993, notice of the public hearing on the Petition
was advertised in the Bend Bulletin, a newspaper of
general circulation within the territory of the
proposed City of Sunriver and posted in three
places within the Territory.
1.8 As required by ORS 221.040(2) on October 27, 1993
the Board of County Commissioners conducted the
public hearing as advertised and received testimony
from all interested parties, including, but not
limited to the proponents and opponents of the
Petition and people who sought answers to questions
concerning the Petition and its effect.
1.9 At the conclusion of the testimony at its hearing
7 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1020
on October 27, 1993 the Board of County
Commissioners directed the record remain open until
4:30 pm on November 3, 1993 to receive additional
written testimony concerning the Petition.
1.10 On November 10, 1993 the Board of County
Commissioners discussed the record of these
proceedings and adopted Resolution 93-106 making a
preliminary tentative determination that the
Petition should be approved as submitted and that
the Petition should not be denied, and requesting
parties submit proposed findings for consideration
and potential adoption by the Board no later than
November 24, 1993.
2. Present Comprehensive Plan and zoning designations for
the Territory.
2.1 The property within the boundaries of the proposed
city is located in Townships 19 and 20, South,
Range 11, East, and includes all of the Sunriver
Planned Community, the planned Sunriver expansion
and Harper Subdivision. The property is further
described in Attachment A hereto and is the same
referred to in Finding 1.2.5 as the Territory.
2.2 The Territory is comprised of approximately 4,378
acres which are herein referred to as Area 1, Area
2 and Area 3. Each area is described as follows:
2.2.1 Area 1 is the 3,368 (77%) acres located
within Sunriver zoned Planned Community,
PC, with selected areas in the Landscape
Management and Airport Height Combining
Zones. Area 1 is designated Planned
Community by the Deschutes County
Comprehensive Plan.
2.2.2 Area 2 is the 606 acres (14%) designated
as the Two Rivers destination resort. It
is located south of Spring River Road,
west of South Century Drive, and is zoned
Forest, F2, Exclusive Farm Use, EFU-LA,
and Flood Plain, FP. Area 2 is also
within the Landscape Management, Wildlife
Area and Airport Height Combining Zones.
Area 2 is designated Forest and
Agriculture by the Deschutes County
Comprehensive Plan.
2.2.3 Area 3 comprises the remaining 404 acres
(9%) within the Territory and is located
8 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1021
south of Spring River Drive and east of
South Century Drive. Area 3 is zoned
Forest, F-2, and is within the Landscape
Management, Wildlife Area and Airport
Height Combining Zones. It is designated
Forest by the Deschutes County
Comprehensive Plan.
2.3 The portion of the Territory situated north of
Spring River Road is located within an acknowledged
exception area documented in the County's
Comprehensive Plan and acknowledged by the LCDC in
April 1981. The surrounding area includes
properties planned and zoned for forest uses (F-1)
to the north, east and west. The portion of the
Territory situated south of Spring River Road is
bordered by properties planned and zoned for rural
residential purposes (RR -10) to the west and south;
properties planned and zoned for forest use (F-1)
are found to the east. Additionally, there is a
small Rural Service Center located to the west,
along Spring River Road, which was approved by the
Board of County Commissioners on February 14, 1990
(decision detailed in files #PA-89-6/ZC-89-7 and
incorporated by reference herein).
2.4 Deschutes County recently approved a new
destination resort to include approximately 600
acres located south of Sunriver and east of the
Deschutes River and comprising most of Area 2. The
property is identified on Assessor's Map #20-11 as
tax lots 1200 and 1300, and is included in the
Territory. The project includes and 18 -hole golf
course, 94 single-family lots and 25
townhouse/condominiums. Water and sewerage service
to the property is provided by Sunriver Utilities
Company; fire protection is provided by Sunriver or
LaPine Fire Departments. Approval of this project
is documented in files #CU-90-36/CU-90-37/Master
Plan 90-1/SP-92-173/TP-92-795/TP-93-817, which are
incorporated by reference herein.
2.5 The Territory has a population in excess of 150.
The present permanent residential population within
the Territory is approximately 1,700 persons.
2.6 The proposed City of Sunriver is not part of or
near an incorporated city and is in an
unincorporated area of Deschutes County.
3. Content of Present Petition and supporting Economic
Feasibility Study.
9 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1022
3.1 The Petition to incorporate the City of Sunriver
and the EFS supporting it, as filed meets the
requirements in ORS 221.031 through 221.040. They:
3.1.1 Designate the name for the proposed city
as the City of Sunriver, Oregon;
3.1.2 Propose a tax base of $2,000,000 and
declare that during the first year of
operation, the proposed city would not
need to levy a property tax but during
the second and third years levy only
$981,000 per year of the proposed tax
base at an estimated annual rate of
taxation for each year of $1.50 per
$1,000 of assessed value based upon a
total assessed value for the proposed
city of $654,048,560;
3.1.3 Declare that if the full tax base were
levied in a single year based upon the
total assessed value in 3.1.2 above, the
tax rate would be an estimated $3.06 per
$1,000 of assessed value; and
3.1.4 Include a map and legal description
indicating the exterior boundaries of the
proposed city.
3.2 The EFS forms the basis for the proposed $2,000,000
tax base and contains:
3.2.1 A description of services and functions
to be performed or provided by, and
information regarding, the proposed city,
including:
3.2.1.1 Financial: $2,000,000 tax base; all
revenues during the first year to be
raised from a transient room tax,
utility taxes, state revenue-sharing
and a portion of the tax base to be
levied in succeeding years;
municipal borrowing rates.
3.2.1.2 Political: election of five -member
city council with full municipal
powers including the power of
eminent domain.
3.2.1.3 General: administrative public
offices located in the Territory.
10 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1023
3.2.1.4 Services to be phased in as follows:
Planning and Administrative, June 1,
1994; Fire/Emergency Medical
Service, January 1, 1995; Police,
July 1, 1995; Public Works, July 1,
1995.
3.2.2 A description of the services now
provided to the Territory by the Sunriver
Owners Association("SROA"), Sunriver
Utilities Company, Deschutes County,
LaPine Rural Fire Protection District,
and Bend-LaPine School District and an
analysis of the relationship between
those services and the services proposed
for the new city.
3.2.3 A proposed first and a third year budget
for the new city demonstrating its
economic feasibility.
4. Prior petition concerning Sunriver.
A previous petition for incorporation of a new City of
Sunriver was made on May 16, 1991. After reviewing the
petition and holding hearings on the matter, the Board of
County Commissioners denied the petition through adoption of
Order No. 92-014. The current Petition differs from the
previous one primarily by the increased area to be included
within the proposed city, the timing and scope of municipal
services contemplated and the method of financing including a
tax base.
5. Land that may be benefited.
5.1 Based upon the record, the Board finds that those
lands, and only those lands, which are included
within the boundaries of the city as proposed in
the petition are likely to be benefited by
inclusion within the boundaries of the proposed
city.
5.1.1 All foreseeable needs for urban and
urbanizable land can be met within the
boundaries as proposed, which include
substantial areas of buildable land
adjacent to existing development and in
the logical location for future growth of
the community.
5.1.2 The entire area proposed for
incorporation is located east of the
11 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1024
Deschutes River. Urban services and
facilities could only be extended at high
cost to property located on the other
(west) side of the Deschutes River along
Spring River Road.
5.2 Area 1 of the Territory is substantially developed
as an urban community, with future development
consisting primarily of infill. As such, it will
benefit from the full range of services and
privileges available to an incorporated city.
5.3 Area 2 of the Territory is committed to development
by prior final land use decisions of the Board of
Commissioners addressing all applicable land use
standards and approving the use of the area as a
destination resort constituting an extension of the
existing community. As such, it will also benefit
from the full range of services and privileges
available to an incorporated city.
5.4 Area 3 of the Territory, although currently
designated for forest use, is benefited by the
proposal because it is, by location, topography,
and relative resource value, the logical area for
other planned growth of the community, and
therefore the most likely to be included in the
proposed city's urban growth boundary.
5.4.1 There are no physical or topographical
impediments to the extension of
facilities to Area 3.
5.4.2 Other lands contiguous to Areas 1 and 2
are either in federal ownership or have
physical limitations which make urban
development impracticable in comparison
with Area 3.
5.4.3 Inclusion of Area 3 within the proposed
city boundaries enhances its economic
value while dampening speculative
pressures on resource lands excluded from
the territory.
5.4.4 The new city will have both the authority
and the duty to assure the provision of
the full range of urban services and
facilities to Area 3 in a timely and
orderly manner as required to meet its
obligations under its comprehensive plan,
statewide goals, and other applicable
12 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1025
local, state, and federal laws and
regulations.
5.4.5 The city's obligations may be met in a
variety of ways, ranging from direct
provision to contracting with existing
service districts and private utilities.
5.4.6 Inclusion within the incorporated city
renders it more likely that the provision
of services and facilities will be well
coordinated.
5.4.7 The proposed city's land use obligations
with respect to the lands to be included
within its boundaries may be enforced by
interested persons and state, federal,
and local agencies, through a variety of
mechanisms including the plan adoption
and acknowledgment process, appeals of
individual ordinances and permits, and,
if necessary, the issuance of formal
enforcement orders by the Land
Conservation and Development Commission
under ORS 197.319 to ORS 197.350.
6. Proposed tax base and economic feasibility statement.
6.1 The EFS was prepared by or on behalf of the chief
petitioners for incorporation as required by ORS
221.031(2).
6.2 The EFS was filed concurrently with the petition
for incorporation as required by ORS 221.031(2).
6.3 The Petition contains a declaration of the rate of
taxation necessary to raise an amount of revenue
equal to the proposed tax base.
6.4 The EFS forms the basis for the proposed tax base
included in the petition.
6.5 The EFS contains the elements required by ORS
215.035:
"(1) A description of the services and functions to
be performed or provided by the proposed city;
"(2) An analysis of the relationship between those
services and functions and other existing or
needed government services; and
13 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1026
"(3) Proposed first and third year budgets for the
new city demonstrating its economic
feasibility."
6.6 The EFS proposes a $2 million tax base of which
only $981,000 would be levied in the second and
third year of the proposed City of Sunriver's
operations. The estimated tax rate for the second
and third years, using the current assessed value
of property within the Territory as set forth in
the EFS (approximately $650 million), is $1.50 per
$1,000 of assessed value. Therefore, the EFS
determines that, if the full tax base were levied,
the estimated tax rate would be $3.06 per $1,000 of
assessed value.
6.7 The phasing in of municipal services as proposed in
the EFS, coupled with the general revenue powers of
the proposed city and the proposed $2 million tax
base, provide a reasonable basis for the new city
to operate within the new tax base. The Board
makes this finding with the caveat that the
proposed tax base does not appear to be unduly
generous. The detailed critiques and alternative
projections of the opponents persuade the Board
that the Petitioners' projected costs, particularly
costs of cost of personnel and of maintaining,
providing, and extending municipal services
throughout the incorporated area are highly
optimistic. The new city may well result in the
need to levy the full amount of the tax base
authorization shortly after incorporation.
6.8 The EFS contains sufficient data and analysis to
support a determination that the tax base proposed
by the petition is sufficient to support an
adequate level of municipal services. A number of
significant issues have been raised concerning
various elements of the proposed budget. However,
those issues concern differences of opinion and
judgment about the future, principally projected
costs and expenses. The proposed tax base provides
for a sufficient margin of error to adjust revenues
upward to cover the identified contingencies.
6.9 In sum, the petition and economic feasibility
statement (EFS) meet the requirements of ORS
221.031(2) and ORS 221.035 concerning an economic
feasibility statement and proposed tax base. The
Board's review ends here. The final judgment on
the soundness of the petitioners' analysis and
projections lies with the voters of the area
14 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-102'7
proposed for incorporation and will no doubt be the
subject of debate prior to the election.
7. Compliance with county plan and implementing regulations.
7.1 The Board finds that incorporation of the proposed
city will not, by itself, alter the current land
use status of the subject lands and will not,
therefore, violate any binding policy or standard
of the Deschutes County Comprehensive Plan or the
Deschutes County Land Development Code. Under ORS
215.130, the county's plan and land use regulations
shall continue to apply to land within a new city
until such time as the new city "has by ordinance
or other provision provided otherwise." As a land
use decision, that initial action by the city will
itself be subject to review for compliance with
applicable state and local land use statutes,
goals, administrative rules, plan policies, and
implementing regulations.
7.2 Neither the Deschutes County Comprehensive Plan nor
the Deschutes County Land Development Code contains
specific policies or provisions encouraging,
restricting, or prohibiting the bare incorporation
of a new city unaccompanied by concurrent land use
changes. They do, however, prohibit the conversion
of rural land to urbanizable or urban land except
through the adoption of a formal exception or the
establishment of an urban growth boundary.
7.3 The incorporation of the City of Sunriver, standing
alone, will not, of itself, alter the existing land
use designations applicable to lands within the
area to be incorporated.
7.4 Because the proposed city includes all land
currently expected to be included or proposed for
inclusion within the City's urban growth boundary
and subjected to the city's comprehensive plan and
land use regulations, the proposed incorporation
does not commit or tend to commit excluded resource
land to nonresource use.
7.5 No land within the proposed city may be
redesignated from rural to urbanizable or urban
uses unless and until exceptions are taken or a
growth boundary is established upon the completion
of future public hearings involving full public
notice and participation and upon a future
determination that such changes comply fully with
15 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1028
all applicable state and local land use
regulations.
8. Compliance with state land use goals generally.
8.1 The principal land use question for the Board in
these proceedings is whether it is reasonably
likely that the newly incorporated city can and
will comply with statewide land use goals when the
city assumes its planning responsibilities. "To
the extent that a county can conduct a meaningful
inquiry as to all [potentially applicable] goals,
it must do so." 1000 Friends of Oregon v. Wasco
County Court, 299 Or 344, 367 (1985).
8.2 The record shows that the proposed city will have
the financial resources to fully comply with all
foreseeable land use obligations, including but not
limited to the development, adoption, and
implementation of an urban growth boundary,
comprehensive plan, and implementing regulations.
8.3 The record shows that the area proposed to be
incorporated possesses, within its boundaries,
substantially all of the infrastructure of a fully -
incorporated city, and that no obvious reason
exists why that infrastructure cannot be extended
to serve the entire area if and when it is
necessary to do so.
8.4 The coastal goals (16-19) and the Willamette River
Greenway goal (15) have no current or future
application to the Sunriver area.
9. Goal 1: Citizen Involvement. This goal requires the new
city to develop a means of assuring citizen involvement
in all phases of the planning process through a citizen
involvement committee and other methods specified in the
goal.
9.1 The breadth and depth of citizen participation on
both sides of the incorporation issue in these
proceedings to date have demonstrated to the Board
that it is likely that the city will be able to
comply with this goal.
10. Goal 2: Land Use Planning. This goal requires the
establishment of a land use planning process and policy
framework as a basis for land use decisions. It requires
local governments to make ultimate policy choices on land
use matters, to support those choices with relevant data
and analysis, and to adopt comprehensive plans that
16 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1029
coordinate and relate natural and municipal systems and
functions. It also provides standards for exceptions to
be adopted as part of a comprehensive plan in those
strictly limited situations where a departure from
specific goal requirements is warranted. Satisfaction of
this goal requires adoption of a comprehensive plan and
its acknowledgment by the Oregon Land Conservation and
Development Commission within four years.
10.1 The area proposed for incorporation has already
been extensively inventoried and studied for
purposes of compliance with the statewide goals
under the Deschutes County plan. In addition, Area
1 is already the subject of exceptions and of an
acknowledged subarea master plan recognizing its de
facto urban status.
10.2 The new city will have the resources to develop a
comprehensive plan and related inventories,
studies, and implementing regulations within the
four-year deadline established by ORS 197.757.
10.3 With the addition of Areas 2 and 3, the new city
will probably have all the land needed within its
boundaries to accommodate the full range of uses
and public facilities required by a comprehensive
plan for the new city that complies fully with all
applicable statewide goals.
11. Goal Three -Agricultural Lands. This goal requires the
preservation of agricultural lands located outside urban
growth boundaries.
11.1 Some land within Area 2 is currently zoned for
agricultural use. However, all of this land has
also been approved for development as a destination
resort in accordance with Oregon's destination
resort siting statute. Incorporation will not
alter either the underlying zoning or the resort
siting approval. There is no other agricultural
land within the proposed city, so no land will be
converted to nonagricultural use by incorporation
or by future planning decisions. Accordingly, the
new city will have no trouble complying with this
goal.
12. Goal Four -Forest Lands. This goal requires the
preservation of forest lands for forest uses unless their
conversion to other uses is authorized by a lawful
exception or by the establishment of an acknowledged
urban growth boundary.
17 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1030
12.1 Area 1 is substantially developed and is already
the subject of a built -and -committed lands
exception to this goal.
12.2 Some land within Area 2 is forest land and is
currently so zoned. Like the farmland in Area 2,
however, this land has also been redesignated for
destination resort use through an acknowledged
final land use decision that is not likely to be
altered by incorporation or subsequent planning
decisions.
12.3 Area 3 is currently planned and zoned for forest
use. It is not currently undergoing urban
development. Although future conversion to urban
and urbanizable uses is likely, it also is likely
that the city will only convert the subject land to
nonforest uses through the establishment of an
urban growth boundary and the adoption and
implementation of a comprehensive plan in
accordance with all applicable goals.
13. Goal 5: Open Spaces, Scenic and Historic Areas, and
Natural Resources. This goal requires the conservation
and protection of inventoried and significant open space,
scenic and historic areas, and natural resources unless
conflicting uses have been identified and justified
through an analysis of the economic, social,
environmental and energy consequences (ESEE analysis).
13.1 These resources have been inventoried and are
protected under the existing Deschutes County
Comprehensive Plan. Private protection of several
Goal 5 assets would continue through enforcement of
the Consolidated Plan of Sunriver, which will
continue to be applicable to a substantial portion
of the territory after incorporation. Further
consideration and categorization of Goal 5
resources would occur through the new city's
development and acknowledgement of a comprehensive
plan. It is reasonably likely that the new city
can and will comply with Goal 5.
14. Goal 6: Air, Water and Land Resources Quality. This
goal requires local governments to maintain and improve
the quality of air, water and land resources by adhering
to state and federal standards and by protecting those
resources from adverse increases in waste and process
discharges.
14.1 The proposed developed area of Sunriver is already
working to preserve air and water quality and the
18 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1031
new city will provide added authority and resources
for that purpose. It is reasonably likely that the
new city can and will comply with Goal 6.
15. Goal 7: Natural Hazards and Disasters. This goal
requires that in areas of natural hazards, such as
landslides and floods, developments must incorporate
appropriate safeguards.
15.1 The areas within the territory of the proposed city
that are subject to natural hazards and disasters
have been identified, evaluated, and addressed in
the existing acknowledged Deschutes County
Comprehensive Plan and implementing ordinances.
Incorporation will not significantly alter the
elements of compliance under this goal, and it is
likely that the new city can and will comply with
Goal 7.
16. Goal 8: Recreational Needs. This goal requires planning
for recreation areas, facilities and opportunities in
appropriate proportions and in such quantity and
locations as is consistent with the availability of
resources.
16.1 As a successful and well-equipped destination
resort in the heart of a premier recreational area,
the proposed city is well-equipped by facilities,
setting, and resources to meet the recreational
needs of its citizens and visitors.
16.2 In its previous order denying a petition for
incorporation, the Board expressed its concern that
the area proposed to be incorporated included no
publicly -owned parkland and that no space had been
identified within the boundaries of the proposed
city as being potentially available for such uses.
The record in that proceeding showed that all space
within the proposed city boundaries had been
allocated and substantially dedicated to other uses
in such a manner that it would be difficult to
convert to parkland without incurring substantial
acquisition costs not reflected in the proposed
budget.
16.3 The record in this proceeding shows the same
current deficiencies. However, it also shows that
the proposed city limits have been altered to
include over 400 acres of vacant land adjacent to
existing development. This land is available to
meet a range of needs, including parkland needs,
that may be identified in the city's plan.
19 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1032
Accordingly, the Board finds that it is reasonably
likely that the new city can and will comply with
Goal 8.
17. Goal 9 - Economic Development. This goal requires that
urban areas adopt and implement policies that "diversify
and improve the economy of the state." The Economic
Development Goal also requires city plans and policies to
"contribute to a stable and healthy economy in all
regions of the state." By "diversify," the goal means to
increase the "variety, type, scale and location of
business, industrial and commercial activities." Under
this goal and the Goal 9 interpretive rule, the new city
will have to inventory its stock of buildable commercial
and industrial lands, project future need for such lands,
and plan and zone adequate acreage to meet the projected
needs. Under the rule, the city must designate a
sufficient number of sites of suitable sizes, types, and
locations to meet the identified needs, and the total
acreage designated must "at least equal the projected
land needs for each category during the 20 -year planning
period." OAR 660-09-025(2). The designations may not be
on unbuildable land or subject to vague or subjective
policies or standards or to cumbersome procedures which
significantly impair their availability.
17.1 There is a limited amount of undeveloped land
available for development in existing commercial
areas within the commercial area in Sunriver
Village.
17.2 About 40 acres zoned for light industry are
available in the Sunriver Business Park.
17.3 Area 3, comprising just over 400 acres, is located
in close proximity to existing industrial and
commercial areas, as well as residential areas, and
could be used in part for commercial and industrial
use if determined to be necessary through the
city's application of the Economy goal in the
development of its comprehensive plan.
17.4 Necessary public facilities and services are
currently available to the business park and
Sunriver Village, and the new city will have the
financial capacity to provide any necessary
services and facilities to Area 3 as necessary.
17.5 The proposed extensions are not likely to be
required within the three-year budget period
covered by the EFS.
20 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128=1033
17.6 The proposed city will have sufficient taxable
property value and vacant, serviceable, buildable
land to meet its foreseeable obligations under this
goal.
17.7 For the above reasons, the Board finds that it is
reasonably likely that the proposed city can and
will meet its obligations under the Economy Goal.
18. Goal 10 - Housing. The State Housing Goal requires local
jurisdictions, through their comprehensive plans and land
use regulations, to "provide for the housing needs of the
people of the state." The Housing Goal requires that
"Buildable lands for residential use shall be
inventoried," and that the city's plan "shall encourage
the availability of adequate numbers of housing units at
price ranges and rent levels which are commensurate with
the financial capabilities of Oregon households and allow
for flexibility of housing location, type and density."
In connection with the acknowledgement of city
comprehensive plans under this goal, the Oregon Land
Conservation and Development Commission has ruled that
"The Housing Goal requires a demonstration in
the plan that sufficient suitable and
available residential land is designated under
clear and objective standards to meet
estimated housing needs. Required information
includes: (1) a reasoned determination of
housing needs to [the 20th year from
acknowledgement], including data and facts
supporting that determination; (2) an
inventory of the buildable residential land
available and designated to meet housing
needs, adopted as policy with clear and
objective implementing measures." LCDC
Continuance Order 83 -CONT -111, June 14, 1983,
Findings p. 24.
The LCDC determined in the above continuance order, for
example, that a newly incorporated city had not yet
complied fully with the goal because its implementing
ordinance allowed the imposition of conditions on land
divisions and development approvals that could reduce
planned densities, increase housing costs, and
effectively exclude needed housing types.
A key element of the Goal is availability. Land must be
actually and realistically available to meet both short-
term and long-term needs. To be available, the land must
be buildable, meaning that it must not be subject to such
constraints as vague standards, cumbersome approval
21 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1034
procedures, difficult slope and soil conditions,
conflicting and overlapping use designations, uncertain
wetland status, or lack of services.
18.1 As in the previous proceeding, the Board finds here
that the existing housing stock within the proposed
city limits would not provide for the full range of
income levels in Deschutes County.
18.2 There is a need for additional low-cost housing,
both public and private, in the county and in the
area of the proposed city, within which substantial
numbers of people are employed in lower -paying
tourist and service positions.
18.3 Existing development and private covenants and
restrictions applicable to remaining undeveloped
lands within Area 1 will impede or prevent the
construction of housing within that area in the
range of prices, rents, and types that may be
necessary to allow the proposed city to meet its
obligations under Goal 10.
18.4 The addition of Area 3, consisting of 404 acres of
undeveloped, serviceable, vacant land, represented
by the petitioners to be available for purposes of
satisfying the housing goal, and therefore
presumably free of restrictive covenants and other
such impediments, renders it reasonably likely that
the new city can and will be able to meet its
obligations under this goal. Because there is no
direct evidence on this point, the Board expressly
relies upon the representations of Petitioners
concerning the long-term availability of the
subject land in making this finding.
18.5 In reliance upon the representations and evidence
in the record, the Board finds that it is
reasonably likely that the proposed city as
reconfigured will be able to fully meet its
obligations under Goal 10.
19. Goal 11 - Public Facilities and Services. This goal
requires the provision of a "timely, orderly and
efficient arrangement of public facilities and services
to serve as a framework for urban and rural development."
The Goal defines a "timely, orderly and efficient
arrangement" as "a system or plan that coordinates the
type, location, and delivery of public facilities and
services in a manner that best supports the existing and
proposed land uses." This requirement is the real heart
of the land use planning process, and will require the
22 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1035
proposed city to determine its needs for facilities and
services based on development plans and population
projections and to assure that needed facilities and
services are available in advance of, or concurrent with,
new development. Goal 11 specifically lists police
protection, fire protection, sewer services, storm
drainage facilities, planning and zoning, health
services, recreation facilities and services, energy and
communication services, and community governmental
services.
19.1 The Deschutes County Comprehensive Plan recognizes
that Areas 1 and 2 of the proposed city are
currently served by urban levels of public
utilities and services.
19.2 In Area 1, as of November, 1992, about 23% of the
residential property, 35% of the commercial
property, and 43% of the light industrial property
was still vacant, yet was served by utilities and
infrastructure.
19.3 Currently, many of the basic public services and
facilities are provided by the Sunriver Utility
Company, the Sunriver Owners' Association, and
other entities associated with Sunriver
Development. These entities have economic and
contractual incentives to continue to provide these
services.
19.4 Given existing constraints on lands within Areas 1
and 2, it is likely that compliance with the
recreation, economy, housing, and other goals will
require extension of urban facilities and services
into Area 3 upon or soon after completion and
acknowledgement of the city's comprehensive plan,
if not sooner. If the extensions of sewer, water,
roads, and the like are not provided by the private
utility, they will have to be provided by the city.
19.5 If any of these entities chooses to curtail
services or refuses to extend them in an orderly
manner as required by the goal, the new city will
have the powers of regulation and condemnation, as
well as the asset base, with which to assure that
the necessary extensions are made in a timely and
orderly manner. Interested persons and agencies in
turn will have the range of enforcement tools
described above to ensure compliance. Accordingly,
the Board finds that it is reasonably likely that
the new city can and will comply with all
applicable requirements of the housing goal from
23 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1036
its inception and continuing through and beyond
adoption and acknowledgement of its comprehensive
plan.
20. Goal 12 - Transportation. This goal requires the
provision of a safe, convenient, and economic
transportation system to move people and goods between
geographic and jurisdictional areas. The Transportation
Goal is interpreted and implemented by the Transportation
Rule, OAR Ch. 660, Div. 12, "Transportation Planning."
The goal requires local government transportation plans
to be based upon state, regional and local transportation
needs. The rule sets requirements for coordination among
affected units of local government for preparation,
adoption, refinement, implementation and amendment of
transportation system plans. Through measures designed
to reduce reliance on the automobile, the rule is also
intended to support travel and land use patterns in urban
areas that reduce air pollution, traffic and livability
problems associated with much of urban development.
Cities must adopt Transportation System Plans that vary
in complexity and elements with the size of the city.
Cities "containing a population greater than 2500 persons
must adopt a transportation financing program." OAR 660-
12-000 ff.
20.1 The Board interprets "population" as used in the
rule consistently with the purpose of the goal and
rule. That purpose is to assure that the
transportation systems of a community are adequate
for its actual population rather than for a
minority of permanent residents. Accordingly, a
city's "population" for purposes of the rule
consists of the city's actual typical permanent and
resident population.
20.2 The proposed City of Sunriver currently has fewer
than 2,500 permanent residents, but it has several
times as many second homes as permanent homes, and
many, if not most, of the second homes are rented
out on a regular basis. The proposed city will
undoubtedly contain a normal 24-hour population of
substantially more than 2,500 permanent and
temporary residents.
20.3 A well-established privately -owned and operated
network of roads and bicycle trails is already in
place, principally in Area 1. Thus the basic needs
of the community are currently being met. The new
City will have the authority, obligation, and
resources to assure that such additional
transportation facilities and services as are
24 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-103'7
necessary are provided in a timely, orderly, and
adequate way.
20.4 The goal and rule do not require public ownership
of any particular element of a city's
transportation system. The power of eminent domain
is available if needed.
20.5 The Board finds, based upon the record and these
findings, that the proposed city will probably meet
its obligations under the Transportation Goal and
Rule.
21. Goal 13 - Energy Conservation. This goal requires that
land uses maximize conservation of all forms of energy
based on sound economic principles. It is implemented by
local plans and regulations that control location,
orientation, and density of development to minimize net
energy consumption.
21.1 The territory is currently subject to the Energy
chapter of Deschutes County's acknowledged plan and
will remain so pending adoption of the city plan.
21.2 The existing community already emphasizes
nonmotorized traffic within its confines and has
the capacity to achieve additional savings in
inter -city travel through the more comprehensive
range of residential, commercial, and industrial
facilities that incorporation would allow.
22. Goal 14 - Urbanization. This goal requires that
comprehensive plans of the county and the proposed city
provide for an orderly and efficient transition from
rural to urban use. It requires that the proposed city's
urban growth boundaries (UGB) be established through a
cooperative process with the county to assure compact and
efficient urban growth within the boundary while
protecting and facilitating rural resource uses outside
the boundary.
22.1 Urban types and levels of development exist within
Area 1 and part of Area 2. It is unlikely that
additional urbanization will occur without prior
application of this goal or the taking of a pre -
acknowledgement exception, with the accompanying
intergovernmental coordination, public
participation, and review procedures.
22.2 For the reasons set forth above in the Board's
findings under Chapter 221 and the other goals,
25 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1038
Areas 2 and 3 appear to be the most logical areas
for future expansion of urban development.
22.3 The exact contours and dimensions of the city's
urban growth boundary cannot be known at this time,
but it appears unlikely that they will extend
outside the boundaries of the territory proposed to
be enclosed. Those boundaries appear to be a good
approximation for planning purposes and are
sufficiently generous to make it unlikely that
needed expansion could be frustrated through
inability to annex additional incorporated land.
22.4 For the above reasons, the Board finds that the
proposed city, will, if incorporated, probably
comply with the Urbanization Goal.
26 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
0128-1039
LIST OF ATTACHMENTS
FINDINGS IN SUPPORT OF ORDER GRANTING PETITION
ATTACHMENT
A. Map and Legal description of area within the boundaries of the
proposed City of Sunriver
B. Proposed City of Sunriver: Economic Feasibility Study: April
24, 1993
27 - FINDINGS IN SUPPORT OF ORDER 93-225 (12/15/93)
MAP OF
j scale 1' = 3000' design RASH SUNRIVER INCORPORATION
Gate 4/2/93 drown JHS DAVID EVAIS AND ASSOCIATEL, INC BOUNDARY
file SRIC0001 — SRIC001C.CWG (716) 709 NW WALL STREET, SL=102
1 iBEND, OREGON 97701 (503)389-7814 P 1 • L+
0.128~1441
EXIIIIIIT "A"
PROPERTY DESCRIPTION
SUNRIVER
INCORPORATION BOUNllARY
Beginning at the southeast corner of Section 20 in Township 19 South and Range I I
Cast of the Willamette Meridian in Deschutes County, Oregon; and running thence
North 00°31'51" West a distance of 2648.54 feet to the northeast corner of the
southeast quarter of said Section 20; thence South 89°46'03" West 4268.88 feet along
the centerline of said Section 20 to a Witness Point on the right bank of the Deschutes
River; thence South 89°46'03" West along said centerline 135.77 feet to the
centerline of the Deschutes River; thence South 13°30'00" East along said river
centerline 135.73 feet; thence South 23°48'21" West 185.81 feet; thence South
36°33'59" West 226.60 feet; thence South 08°59'25" East 159.97 feet; thence South
50°06'59" East 467.85 feet; thence South 04"50'12" East 130.47 feet; thence South
25°11'20" West 1005.63 feet; thence South 196.00 feet; thence South 24°31'04" East
513.28 feet; thence South 31°08'40" West 380.90 feet; thence South 37°21'57" West
620.49 feet; thence South 59°03'02" West 326.88 feet to the East line of the
northeast quarter of Section 30 in said Township and Range; thence leaving said river
centerline South 00°01'28" West along said East line 390.00 feet to the centerline of
the Deschutes River; thence North 69°43'31" East along said river centerline 361.48
feet; thence East 370.00 feet; thence South 20°50'30" East 399.12 feet; thence South
21 °52'07" West 158.40 feet; thence South 56'49'17" West 946.84 feet to the East
line of the northeast quarter of said Section 30; thence leaving said river centerline,
South 00°01'28" West along said East line 374.64 feet to the southeast corner of said
northeast quarter of said Section 30; thence South 89°46'01" West 323.71 feet along
the centerline of said Section 30 to the centerline of the Deschutes River; thence
South 41 °57'01" West along said river centerline 508.10 feet; thence South
29°03'17" West 267.69 feet; thence South 43°04'49" West 253.29 feet; thence North
72°00'25" West 246.03 feet; thence North 49°53'57" West 248.40 feet; thence West
150.00 feet; thence South 54'17'36" West 197.04 feet; thence South 23'11'55" West
114.24 feet; thence South 09°07'18" West 359.55 feet; thence South 39°05'02" East
843.83 feet; thence South 01 °44'09" East 330.15 feet; thence South 16°41'57" West
313.21 feet; thence South 28'53'12" West 331.21 feet; thence South 01 °57'09" West
440.26 feet; thence South 21 °52'45" Fast 684.29 feet; thence South 02°51'45" West
600.75 feel; thence South 40"25'34" West 354.68 feet; thence South 83°50'09'West
251.45 feet; thence North 41 '12'17" West 288.43 feet; thence North 12°56'23" West
468.91 feet; thence North 57°09'18" West 282.10 feet; thence North 82°20'00" West
262.35 feet; thence South 86°38'45" West 254.83 feet; thence South 50°22'28" West
1569.18 feet; thence South 37°31'09" West 353.02 feet; thence South 32°39'39"
West 463.25 feet; thence South 22°53'26" West 488.47 feet; thence South 420.00
feet; thence South 35°20'24" East 240.00 feet; thence South 73°42'55" East 188.30
feet; thence North 78°01'26" East 210.00 feet; thence North 66°41'42" East 707.74
sd6stbdry.6b
Fcbrvnry 25.1993
11�c;1'�'l i I?C. CI'R\ Il(11ti. 1'I IN;�'I I?4 1 1':I+�! 11'I \P� III 11+ I'. ' + II ': I I'• 1 •.
0!1If I 1! )VI ;1`III!:CIt+'d 1':I++ 1.111 :1
-n•+W\\.1`:111 �II?II I.�I'lll Itl�
,,t,;11+,.1 61I
0128-1042
feet; thence South 76° 13'06" East 272.86 feet; thence South 51 °57'23" East 704.76
feet; thence South 19044'49" East 207.18 feet; thence South 40°14'11" West 340.59
feet; thence South 66°54'54" West 331.55 feet; thence West 500.00 feet; thence
North 64°17'24" West 300.00 feet; thence North 43°00'00" West 91.67 feet to the
East line of Government Lot 4 in Section 31 in said Township and Range; thence
leaving said river centerline South 00°06'05" West along said East line 633.92 feet to
the centerline of the Deschutes River; thence South 77°43'00" East along said river
centerline 85.91 feet; thence South 36'19'37" East 211.00 feet; thence South 150.00
feet; thence South 40°22'29" West 310.64 feet to the Fast line of Government Lot 4
in Section 6 in Township 20 South and Range 11 East; thence leaving said river
centerline, South 01'03'42" East 874.86 feet to the southeast corner of said
Government Lot 4; thence South 88°07'39" West 625.32 feet along the South line of
said Government Lot 4 to the centerline of the Deschutes River; thence along said
�� )�� + ►� river centerline, South 220.21 feet; thence South 36°38'03" East 729.01 feet; thence
South 34 °24'46" East 615.77 feet; thence South 15'12'29" East 320.21 feet; thence
South 06°07'50" West 271.55 feet; thence South 33°33'14" West 466.78 feet; thence
South 22°09'35" West 296.93 feet; thence South 04°37'27" West 272.89 feet; thence
South 06° 12'03" East 453.65 feet; thence South 25'10'40" East 258.57 feet; thence
South 56'06'15" East 231.31 feet; thence South 82'49'15" East 264.07 feet; thence
North 74°19'27" East 262.77 feet; thence North 70°26'39" East 567.71 feet; thence
North 80'37'52" East 220.99 feet; thence South 82'57'15" East 896.77 feet; thence
South 45°32'01" East 243.85 feet; thence South 200.00 feet to the South line of the
southeast quarter of said Section 6; thence leaving said centerline South 87"59'18"
West 1051.23 feet to the southwest corner of the southeast quarter of said Section 6;
thence South 00'13'46" West 2659.60 feet to the southwest corner of the northeast
quarter of Section 7; thence South 00'13'46" West 1329.80 feet to the southwest
corner of the northwest quarter of the southeast quarter of Section 7; thence North
88°08'21" East 1321.10 feet to the southeast corner of the northwest quarter of the
southeast quarter of Section 7; thence South 00°16'25" West 1331.00 feet to the
northwest corner of the northeast quarter of the northeast quarter of Section 18;
thence South 00'06'18" West 2714.00 feet to the southwest corner of the southeast
quarter of the northeast quarter of Section 18; thence North 89°23'50" East 1322.70
feet to the southeast corner of the northeast quarter of Section 18; thence North
89°04'31" East 1325.40 feet to the southeast corner of the West half of the northwest
quarter of Section 17; thence North 89°04'31" East 1325.36 feet to the southwest
corner of the southwest quarter of the northeast quarter of Section 17; thence North
00°00'35" West 1350.87 feet to the northwest corner of the southwest quarter of the
northeast quarter of Section 17; thence North 89°30'30" East 1324.68 feet to the
northeast corner of the southwest quarter of the northeast quarter of Section 17;
thence North 00°02'00" West 1340.86 feet to the southeast corner of the West half of
the southeast quarter of Section 8; thence North 00°31'30" West 2670.48 feet to the
northeast corner of the West half of the southeast quarter of Section 8; thence South
89'51'10" West 663.44 feet to the center -west -east 1/64 corner of Section 8; thence
North 00°37'35" West 2665.47 feet to the west -east 1/64 corner between Sections 5
sric\sihary.akb
Pchniary 25. 1993
P 1.2
0128`1043
and 8; thence North 89035'40" East 1087.63 feet along the south line of Section 5
and to westerly right-of-way of the Burlington Northern Railroad; thence along said
westerly right-of-way as follows; thence North 04°55'15" West 1321.10 feet to the
North line of the southeast quarter of southeast quarter of Section 5; thence South
89°42'01" West along said North line 25.08 feet; thence North 04°55'15" West
413.27 feet; thence North 85°04'45" East 25.00 feet; thence North 04"55'15" West
1693.70 feet; thence along a spiral curve to the right, the chord of which bears North
04°00'52" West 182.34 feet; thence 905.39 feet along the are of a 1960.00 foot
radius curve right (the long chord of which bears North 11 °00'45" East 897.36 feet);
thence along a spiral curve to the right, the chord of which bears North 26°02'21"
East 182.34 feet; thence North 26°56'45" East 665.22 feet to the South line of the
southeast quarter of Section 32 in Township 19 South and Range 11 East; thence
South 89'10'08" West 28.26 feet along said South line; thence North 26°56'45" East
((F n� 1375.53 feet to the East line of said southeast quarter; thence South 00° 14'53" East
54.70 feet along said East line; thence North 26°56'45" East 401.07 feet; thence
along a spiral curve to the right, the chord of which bears North 27°20'54" East
121.05 feet; thence 654.54 feet along the arc of a 2914.67 foot radius curve right (the
long chord of which bears North 34°34'45" East 653.16 feet); thence along a spiral
curve right, the chord of which bears North 41 °48'36" East 121.05 feet; thence North
42°12'45" East 1401.80 feet; thence along a spiral curve to the left, the chord of
which bears North 41"48'48" East 118.95 feet; thence 1137.30 feet along the arc of a
2814.79 foot radius curve left (the long chord of which bears North 29°26'15" East
1129.58 feet); thence along a spiral curve to the left, the chord of which bears North
17°03'44" East 118.95 feet; thence North 16°39'45" East 4037.50 feet; thence
leaving said westerly right-of-way North 06°58'29" East 116.67 feet; thence 531.86
feet along the arc of a 650.00 foot radius curve left (the long chord of which bears
North 16°33'44" West 517.14 feet); thence North 40°00'11" West 216.57 feet;
thence North 46°46'00" West 132.60 feet to the South line of the northwest quarter
of the northeast quarter of Section 28 in Township 19 South and Range 11 East;
thence South 89°30'48" West 450.68 feet to the southwest corner of said northwest
quarter of said northeast quarter; thence South 89°30'48" West 2670.44 feet to the
southwest corner of the northwest quarter of the northwest quarter of said Section 28;
thence North 00°5226" East 1324.16 feet to the point of beginning.
REGISTEnED
PP(UFESSIONAL
!_r.r.;D SURVEYCM
PDANID
REGON K. BARE
EM�IN
i (A t
nriclerhdry.dkh
rchrunry 25. 1993
P 1.3
0128-1044
L=> R O P O S E D C I T Y OF, S U N R I V E R
E C O N O M I C F E A S I B I L I T Y S T U D Y
April 24, 1993
e
Prepared by the Sunriver Incorporation Committee
Clifton H. Jones and Vincent J. LePore Jr., Chief Petitioners
0128=1045
TABLE OF' CONTENTS
A. DESCRIPTION OF PROPOSAL AND FEASIBILITY STUDY
Map and Legal Descriptions 1
Proposal 2
Introduction 4
Statement of Reasons to Incorporate 6
Analysis of Benefited Land;
Rational for Corporate Boundaries 9
Budget - General Commentary 11
Budget - City of Sunriver 14
Resources 14
Expenses 15
Footnotes - Resources/Expenses 16
Analysis of Proposed Services and Service Areas 19
The Effect on Existing Service Providers 21
B. BACKGROUND DATA
History of Sunriver
23
Description of existing governance
26
Setting and Natural Environment
28
Land Use
29
Socio -Economic Factors
30
Description of Existing Services and Facilities
31
C. LAND USE LEGAL JUSTIFICATIONS
Land Conservation and Development Commission
Goal Analysis
39
Relationship to Existing Plans
41
Built/Omitted/Needs Exceptions
41
Impact on Financial Integrity
of Other Jurisdictions
41
Sunriver EFS April 17, 1993
0128=1046
A. DESCRIPTION OF PROPOSAL AND FEASIBILITY STUDY
A map and legal descriptions defining the proposed boundaries of
the City ,f Sunriver are attached hereto. (Pages 1.1 to 1.4)
EXHIBIT "A" - Legal descriptions of boundaries of the proposed
to City of Sunriver. Areas included are:
1. The area known as Sunriver, described in the
Consolidated Plan of Sunriver.
2. The area known as the Sunriver Business Park.
3. Two Rivers, a 606 acre tract, South of Sunriver, which
is to be developed by Lowe Enterprises.
4. An undeveloped 404 acre tract, South of Sunriver.
EXHIBIT "B" - Map
Sunriver EFS April 17, 1993 Page 1
EXIIJBIT ,IA„ 0128-1047
PROPERTY DESCRIPTION
SUNRIVER
INCORPORATION BOUNDARY
Beginning at the southeast corner of Section 20 in Townshil) 19 Soulh and Ranke 1 1
East of the Willamette Meridian in Deschutes County, Oregon; and running thence
North 00°31'51" West a distance of 2648.54 feet to the northeast corner of the
southeast quarter of said Section 20; thence South 89°46'03" West 4268.88 feet along
the centerline of said Section 20 to a Witness Point on the right bank of the Deschutes
River; thence South 89°46'03" West along said centerline 135.77 feet to the
centerline of the Deschutes River; thence South 13°30'00" East along said river
centerline 135.73 feet; thence South 23°48'21" West 185.81 feet; thence South
�- D 36°33'59" West 226.60 feet; thence South 08°59'25" East 159.97 feet; thence South
50°06'59" East 467.85 feet; thence South 04°50'12" East 130.47 feet; thence South
25°11'20" West 1005.63 feet; thence South 196.00 feet; thence South 24°31'04" East
513.28 feet; thence South 31°08'40" West 380.90 feet; thence South 37°21'57" West
620.49 feet; thence South 59°03'02" West 326.88 feet to the East line of the
northeast quarter of Section 30 in said Township and Range; thence leaving said river
centerline South 00°01'28" West along said East line 390.00 feet to the centerline of
the Deschutes River; thence North 69°43'31" East along said river centerline 361.48
feet; thence East 370.00 feet; thence South 20°50'30" East 399.12 feet; thence South
21 °52'07" West 158.40 feet; thence South 56'49'17" West 946.84 feet to the East
line of the northeast quarter of said Section 30; thence leaving said river centerline,
South 00°01'28" West along said East line 374.64 feet to the southeast corner of said
northeast quarter of said Section 30; thence South 89°46'01" West 323.71 feet along
the centerline of said Section 30 to the centerline of the Deschutes River; thence
South 41 °57'01" West along said river centerline 508.10 feet; thence South
29°03'17" West 267.69 feet; thence South 43°04'49" West 253.29 feet; thence North
72°00'25" West 246.03 feet; thence North 49°53'57" West 248.40 feet; thence West
150.00 feet; thence South 54°17'36" West 197.04 feet; thence South 23°11'55" West
114.24 feet; thence South 09°07'18" West 359.55 feet; thence South 39°05'02" East
843.83 feet; thence South 01 °44'09" East 330.15 feet; thence South 16°41'57" West
313.21 feet; thence South 28'53'12" West 331.21 feet; thence South 01 °57'09" West
440.26 feet; thence South 21 °52'45" Fast 684.29 feet; thence Scnith 02°.51'45" West
600.75 feet; thence South 40"25'34" West 354.68 feet; thence South 83°50'09'West
251.45 feet; thence North 41 ° l2' 17" West 288.43 feet; thence North 12°56'23" West
468.91 feet; thence North 57'09'18" West 282.10 feet; thence North 82°20'00" West
262.35 feet; thence South 86°38'45" West 254.83 feet; thence South 50°22'28" West
1569.18 feet; thence South 37°31'09" West 353.02 feet; thence South 32°39'39"
West 463.25 feet; thence South 22°53'26" West 488.47 feet; thence South 420.00
feet; thence South 35c'20'24" East 240.00 feet; thence South 73'42'55" East 188.30
feet; thence North 78°01'26" East 210.00 feet; thence North 66°41'42" East 707.74
1),VI1)i \.1NSAN1)AW)( I,I1.'�1';(
NI I Rt, tl'R11 MM. III ININI Rt . I L':11I,I 11'1 11)' 111111 I', A Il': I
ttIIII It1"T ON1:(\;.".V1111':I,I(V1':ill 1I II( u':11
11 i � l til 11, �I'I I I Itt,
IN'llt,(11?11,11•;9'-ill "ii
Intl tS'I -161 i
aric\arbdry.Ab
1 cbrvnry 25, 1993
P 1.1
0128-1048
feet; thence South 76013'06" East 272.86 feet; thence South 51 °57'23" East 704.76
feet; thence South 19044'49" East 207.18 feet; thence South 40°14'11" West 340.59
feet; thence South 66°5454" West 331.55 feet; thence West 500.00 feet; thence
North 64°17'24" West 300.00 feet; thence North 43°00'00" West 91.67 feet to the
East line of Government Lot 4 in Section 31 in said Township and Range; thence
leaving said river centerline South 00°06'05" West along said East line 633.92 feet to
the centerline of the Deschutes River; thence South 77°43'00" East along said river
centerline 85.91 feet; thence South 36'19'37" East 211.00 feet; thence South 150.00
feet; thence South 40°22'29" West 310.64 feet to the East line of Government Lot 4
in Section 6 in Township 20 South and Range I 1 East; thence leaving said river
centerline, South 01'03'42" East 874.86 feet to the southeast corner of said
Government Lot 4; thence South 88°07'39" West 625.32 feet along the South line of
said Government Lot 4 to the centerline of the Deschutes River; thence along said
river centerline, South 220.21 feet; thence South 36°38'03" East 729.01 feet; thence
South 34°24'46" East 615.77 feet; thence South 15'12'29" East 320.21 feet; thence
South 06°07'50" West 271.55 feet; thence South 33°33'14" West 466.78 feet; thence
South 22°09'35" West 296.93 feet; thence South 04037'27" West 272.89 feet; thence
South 06° 12'03" East 453.65 feet; thence South 25'10'40" East 2.58.57 feet; thence
South 56'06'15" East 231.31 feet; thence South 82'49'15" East 264.07 feet; thence
North 74°19'27" East 262.77 feet; thence North 70°26'39" East 567.71 feet; thence
North 80°37'52" East 220.99 feet; thence South 82°57' 15" East 896.77 feet; thence
South 45°32'01" Last 243.85 feet; thence South 200.00 feet to the South line of the
southeast quarter of said Section 6; thence leaving said centerline South 87'59'18"
West 1051.23 feet to the southwest corner of the southeast quarter of said Section 6;
thence South 00'13'46" West 2659.60 feet to the southwest corner of the northeast
quarter of Section 7; thence South 00'13'46" West 1329.80 feet to the southwest
corner of the northwest quarter of the southeast quarter of Section 7; thence North
88°08'21" East 1321.10 feet to the southeast corner of the northwest quarter of the
southeast quarter of Section 7; thence South 00'16'25" West 1331.00 feet to the
northwest corner of the northeast quarter of the northeast quarter of Section 18;
thence South 00"06'18" West 2714.00 feet to the southwest corner of the southeast
quarter of the northeast quarter of Section 18; thence North 89°23'50" East 1322.70
feet to the southeast corner of the northeast quarter of Section 18; thence North
89°04'31" East 1325.40 feet to the southeast corner of the West half of the northwest
quarter of Section 17; thence North 89°04'31" East 1325.36 feet to the southwest
corner of the southwest quarter of the northeast quarter of Section 17; thence North
00°00'35" West 1350.87 feet to the northwest corner of the southwest quarter of the
northeast quarter of Section 17; thence North 89°30'30" lust 1324.68 feet to the
northeast corner of the southwest quarter of the northeast quarter of Section 17;
thence North 00°02'00" West 1340.86 feet to the southeast corner of the West half of
the southeast quarter of Section 8; thence North 00°31'30" West 2670.48 feet to the
northeast corner of the West half of the southeast quarter of Section 8; thence South
89'51'10" West 663.44 feet to the center -west -east 1/64 corner of Section 8; thence
North 00037'35" West 2665.47 feet to the west -east 1/64 corner between Sections 5
.it ic\sibdry.dkb
Fchninry 25. 1993
0128-1049
and 8; thence North 89°35'40" East 1087.63 feet along the south line of Section 5
and to westerly right-of-way of the Burlington Northern Railroad; thence along said
westerly right-of-way as follows; thence North 04°55'15" West 1321.10 feet to the
North line of the southeast quarter of southeast quarter of Section 5; thence South
89"42'01" West along said North line 25.08 feet; thence North 04'55'15" West
413.27 feet; thence North 85'04'45" East 25.00 feet; thence North 04'55'15" West
1693.70 feet; thence along a spiral curve to the right, the chord of which bears North
04°00'52" West 182.34 feet; thence 905.39 feet along the arc of a 1960.00 foot
radius curve right (the long chord of which bears North 11 °00'45" East 897.36 feet);
thence along a spiral curve to the right, the chord of which bears North 26°02'21"
East 182.34 feet; thence North 26°56'45" East 665.22 feet to the South line of the
southeast quarter of Section 32 in Township 19 South and Range 11 East; thence
South 89°10'08" West 28.26 feet along said South line; thence North 26°56'45" East
1375.53 feet to the East line of said southeast quarter; thence South 00°14'53" East
54.70 feet along said East line; thence North 26°56'45" East 401.07 feet; thence
along a spiral curve to the right, the chord of which bears North 27°20'54" East
121.05 feet; thence 654.54 feet along the arc of a 2914.67 foot radius curve right (the
long chord of which bears North 34°34'45" East 653.16 feet); thence along a spiral
curve right, the chord of which bears North 41 °48'36" East 121.05 feet; thence North
42°12'45" East 1401.80 feet; thence along a spiral curve to the left, the chord of
which bears North 41 °4848" East 118.95 feet; thence 1137.30 feet along the arc of a
2814.79 foot radius curve left (the long chord of which bears North 29°26'15" East
1129.58 feet); thence along a spiral curve to the left, the chord of which bears North
17°03'44" East 118.95 feet; thence North 1639'45" East 4037.50 feet; thence
leaving said westerly right-of-way North 06°58'29" East 116.67 feet; thence 531.86
feet along the arc of a 650.00 foot radius curve left (the long chord of which bears
North 16°33'44" West 517.14 feet); thence North 40°00'11" West 216.57 feet;
thence North 46°46'00" West 132.60 feet to the South line of the northwest quarter
of the northeast quarter of Section 28 in Township 19 South and Range 11 East;
thence South 89°30'48" West 450.68 feet to the southwest corner of said northwest
quarter of said northeast quarter; thence South 89°30'48" West 2670.44 feet to the
southwest corner of the northwest quarter of the northwest quarter of said Section 28;
thence North 00°52'26" East 1324.16 feet to the point of beginning.
REGISTERED
PROFESSIONAL..
jD3,4'a X. 23j
PD
REGON
K. DMEMAN
1 Ob 9 _j
ericlerbdry.dkh
February 25, 1993
I, 1 O:k
LX(trr}). .1(-s"
MAP OF
$Cole 1" = 3000• descg� SUNRIVER INCORPORATION
date 4/2,93 drawn JHS DAVID EVANS AND ASSOCIATE:;, ENC BOUNDARY
Sle SRIC0001 — SRIC001C.DWC (716) 709 NW WALL STREET, SLTPE 102
BEND, OREGON 97701 (503)389-7814 P 1-4-
0128-1051
It is proposed that the City of Sunriver (City) be incorporated
under Oregon Statutes. The City would consist of 4378 acres
(6.84 square miles), with an initial permanent population of
about 1700 persons, and an assessed value of approximately $654
million, (1992-93 values).
The areas proposed for inclusion within the City of Sunriver are
summarized below:
TRACT
A. Sunriver
B. Business Park
C. Two Rivers
D. Undeveloped tract
TOTALS
AREA (Acres) ASSESSED VALUE
3278 647,112,435
90 6,369,705
606 83,795
404 482,625
4378 acres $654,048,560
The major part of this area, the present Sunriver, is a Planned
Unit Development, and is self-governing to the extent of already
providing some urban services. In considering the time frame for
formation of the City, and the assumption and addition to the
services now provided by the Sunriver Owners Association (SROA),
it is proposed that the City will undertake providing municipal
services in phases.
Upon incorporation the City would initially provide Planning
Services (zoning, compliance with Land Conservation and
Development Commission requirements, building permits,
inspections, etc.), and general administrative services. On
January 1st., 1995 the City would provide Fire and Emergency
Services, and would begin Police and -Public Works functions on
July 1st., 1995.
It is anticipated that the City will first endeavor to contract
with existing service providers, e.g. SROA, Deschutes County, to
continue to provide the urban services presently provided within
the proposed City. However, in the event that those providers
are unable or unwilling to provide the services, the proposed tax
base and the general revenue powers of the City will enable it to
provide a reasonable level of municipal services.
Except for County roads, the approximately five miles of public
street right-of-way within the proposed City would become the
maintenance responsibility of the new City upon its
incorporation.
Responsibility for maintenance of the approximately 80 miles of
private roads controlled by SROA in the proposed City will be
assumed July 1st., 1995, subject to acquisition by the City,
either by transfer from the SROA, or by exercise of the power of
eminent domain. The dedication of these private roads to the
City should be a priority item for the City Council.
Sunriver EFS April 17, 1993 Page 2
0128-1052
The City w.ill rely upon income produced by an Ad -Valorem tax, to
be supplemented by transient room taxes, gasoline, liquor,
cigarette and privilege taxes.
Formation of the City is independent of the Consolidated Plan of
Sunriver. It is intended that the SROA will continue to manage
private recreational facilities, common properties, etc., thus
preserving the rights of the owners in these assets/facilities.
Frcm time to time, it may be desirable for the City and the SROA
to contract with each other for services and the use of
equipment. The formation of the City will not relieve property
owners of their responsibility to abide by the Covenants,
Conditions and Restrictions (CC & R's) which may burden their
real property, nor will it replace SROA's power to enforce its CC
& R's.
T,';e City, with its access to new sources of revenue not now
available to the Association, with its ability to arrange lower
cost, long-term financing to fund major capital expenditures,
�.-ith its power to enact and enforce ordinances, with its reduced
iability exposure under Oregon Statutes, along with other
benefits described in "Statement of Reasons to Incorporate",
should be in a position to complement and reinforce the efforts
of the SROA to maintain and improve the quality of life that
continues to attract residents, guests, and visitors to the
Sunriver community.
Sunriver EFS April 17, 1993 Page 3
0128-1053
The purpose of this study is to provide information for citizens
and governmental leaders to use in evaluating the incorporation
of the City of Sunriver.
The specific procedure for incorporating a city is contained in
ORS. 221.010 to 221.106. This process is described as follows:
A. A petition for incorporation, in the form prescribed by the
Secretary of State, shall be filed with the County Clerk.
The petition should be accompanied by an economic
feasibility study (contained herein), concerning the
proposed city.
B. The County Clerk will date and time -stamp the petition and
authorize its circulation to the electorate.
C. The petition shall contain the name of the proposed city
and designate the names and addresses of not more than three
persons as chief petitioners, who shall be electors
registered within the boundaries of the proposed city. The
petition shall include a proposed tax base sufficient to
support an adequate level of municipal services, and a
declaration of the rate of taxation necessary to raise
sufficient revenue which, when combined with other available
revenue, will cover estimated city expenses. A map
indicating the boundaries of the proposed city shall be
attached to the petition.
D. The signatures of 20% of the voters of the area proposed
to be incorporated must be affixed to the petition. For
Sunriver, this translates to 20% of approximately 1220
registered voters, or 244 signatures. The petition with the
required signatures is filed with the County Board of
Commissioners, who will then fix the time and place for a
hearing on the petition. At the hearing, any interested
person may appear and present oral or written objections to
the granting of the petition, the forming of the proposed
city, or the estimated rate of taxation set forth in the
petition.
Once the study of the proposal and all necessary hearings
have been completed, the Commissioners may either approve
the petition as submitted, require modification of the
boundaries or deny the request if it fails to comply with
applicable statutes.
The proposed City of Sunriver is not within three miles of
an incorporated city and so ORS 221.030 (4), requiring
review and approval by such an existing city does not apply.
Sunriver EFS April 17, 1993 Page 4
0128-1054
E. If approved, an order for holding an election on the
proposal shall be fixed on the date of the next regular
state-wide primary or general election that is not sooner
than ninety days after the date of the order. The next
available qualifying election date is May 1999.
F. At the same election, five council members for the proposed
city shall be elected from a slate of nominees.
G. Not more than thirty days after the election, the County
Board of Commissioners shall proclaim whether a majority of
the votes cast on the proposition favors incorporation and,
if passed, which candidates for the city council are
elected.
1. If the majority of votes cast favors incorporation, the
area described in the notice of election is
incorporated as a city from the date of the election.
2. The tax base approved by the voters at the election
will be the initial tax base of the new city, effective
July 1, 1999 (However, it is anticipated the tax base
will not be levied until July 1, 1995).
3. The five city council members elected shall take office
not later than ten days after the proclamation of
election results by the Board of Commissioners.
Sunriver EFS April 17, 1993 Page 5
• [819132914
" 1
The incorporation of Sunriver will provide for its residents and
other property owners benefits not available under the present
community association and County government. Such advantages
fall largely within the broad areas of finance and more effective
local control.
1. FINANCIAL BENEFITS
A. An Ad Valorem property tax, together with revenues
enumerated below, would provide the City with an income that
is both stable and adequate to ensure ongoing services
and future needs as required by the community.
B. New revenues, not available to the association, would be
generated through imposition of: (1) a room tax upon income
derived from the short term rental of residential units.
(2) privilege taxes upon providers of services and (3) the
receipt of State revenues for cities including cigarette,
gas and liquor taxes. The additional sources of revenue
will permit the funding of adequate road maintenance, a
retirement plan for all employees and capital improvements.
C. The ability to issue bonds to fund projects at rates of
interest less than provided under typical commercial loan
arrangements; for example, the funding to replace the
present inadequate Fire/EMS facility. Bond issuing
authority up to 3% of the assessed value is available to a
city. At current assessments, this would equate to over
$19,000,000 of bonding capacity for the proposed city.
D. The availability of commercial loans at preferred rates of
interest not available to a community association.
E. The availability of grants and loans from the state and
federal governments provided only to cities.
2. LOCAL CONTROL
A. Locally elected officials are able to be held more
accountable because they hold office subject to the
citizens' power of recall. Legislation adopted by the City
is subject to referendum or may be proposed by initiative
under powers reserved to the citizens by the Oregon
Constitution.
B. The ability to initiate, pass and enforce ordinances locally
to deal effectively with the multitude of behavioral and
other problems confronting the community.
C. The ability to respond rapidly to matters of concern to the
Sunriver community.
Sunriver EFS April 17, 1993 Page 6
3. GENERAL ADVANTAGES
0128-1056
A. Limitation of liability in state courts as provided under
Oregon Tort Claims Act (OTCA). Current liability of the
SROA is essentially unlimited in terms of judgments which
might be assessed against the SROA. The OTCA, however,
limits the liability of a city to the following amounts:
$50,000 per occurrence for property damage.
$100,000 per person for personal injury sustained in a
single occurrence.
$500,000 for any number of claimants in a single
occurrence.
In addition, there are specific immunities enjoyed by a city
for certain tort liabilities. These include injuries
compensable by Workers Compensation and injuries resulting
from acts of public employees who, by law, are privileged
when acting in their official capacities, e.g. judges and
legislators. Tort liability immunity also exists for faulty
performance of a discretionary function.
B. Availability to the City of the resources of technical and
professional services available only to incorporated areas.
C. Ability to better attract and hold qualified applicants for
career positions, and the ability to provide additional
benefits (i.e. retirement) for all municipal employees.
D.- Realization of the Power of Eminent Domain to permit
acquisition of property when and if necessary. Oregon law
substantially restricts the exercise of this power to
preclude abuse.
E. Retention by all property owners of control over their
proprietary interests through continuation of the
Consolidated Plan of Sunriver and preservation of their
voting rights in the Sunriver Owners Association.
F. Land use regulations including comprehensive planning, land
partitioning and zoning would be handled by people living
within the City rather than by the County.
Sunriver EFS April 17, 1993 Page 7
t . SUGGESTED OTHER ADVANTAGES 0128-1057
A. The cost of City elections held at the time of general or
primary elections would be borne by the county. All
chargeable costs incurred by the County Elections Officer
for the conduct of a city election held on a date other then
the primary or general election shall be paid by the City.
B. The City's business will be conducted in public. As a
municipality, the City would come under the state open
meeting laws.
C. The City would have a stronger position than an association
in dealing with other governmental bodies, i.e. Deschutes
County, the U.S. Forest Service, etc.
Sunriver EFS April 17, 1993 Page 8
1:0-10 * 4101 3A 4 32014N 11-M :10111 30MO 4
A discussion of the corporate boundaries of Sunriver involves the
following four distinct segments.
A. The existing boundary of Sunriver, as described in the
Consolidated Plan of Sunriver, and Exhibit "A", "The
Boundary of Sunriver, Property Description". These
boundaries form the basic profile of the new City and
include the majority of the facilities and population base
described elsewhere. This area currently receives services
through the SROA. The City will ultimately provide
comparable or better Planning, Police, Fire, Emergency and
Public Works services. The Sunriver Utilities Company, a
private entity, would continue.
B. The Sunriver Business Park. Upon incorporation, the Business
Park will become: part of the new City, so as to include a
commercial/light industrial development that is integral to
the Sunriver community as a whole. The area is currently
served by existing utility services and this would continue
under the new City. The City would be obliged to provide
road and street lighting maintenance to this area, for
those roads dedicated to the public. Currently, fire
protection is provided by the LaPine Rural Fire Protection
District, and police service by the Deschutes County
Sheriff. The new City would provide police service and
would also furnish fire protection, either by continuation
of a contract with the LaPine Rural Fire Protection
District or by extension of service by the Sunriver Fire
Department.
C. Two Rivers, a 606 acre tract to the South of Sunriver
proper, lying basically West of S. Century Drive, and East
of tie Big Deschutes River. This area, acquired by
Connecticut Mutual, planned for homesites, a golf course,
and other recreational amenities, has been sold to Lowe
Enterprises, the new owner of Sunriver Lodge and Resort. It
is understood that similar development is planned, with
utility services (sewer/water) to be provided by the
Sunriver Utilities Company. The City would provide Police,
Fire/EMS and Public Works services. Contiguous to Sunriver,
and with initial planning similar to the Sunriver
development concept, this area would appear to be log_cally
a part of the Sunriver urban area.
Sunriver EFS April 17, 1993 Page 9
0128-1059
D. An undeveloped tract of 404 acres lying to the South of the
Sunriver Business Park, and East of S. Century Drive (and
the area noted in "C", above), and West of the Burlington
Northern Railroad. With Sunriver surrounded by Forest
Service lands on the West, North, and East, the only area
for expansion lies to the South. This acreage is currently
in three parcels, separated from the railroad by Forest
Service land. With the City of Sunriver bordering these
parcels on the West and North, this area will benefit by its
proximity to the City and its facilities, and the City will
be concerned with future development of this property. This
area is currently zoned F-2 by the County.
Sunriver EFS April 17, 1993 Page 10
The Resource and Expense Budget, with accompanying footnotes
backing up each line item, contemplates a full City operation for
a City of Sunriver. In addition to performing the Planning
function, as required by the Oregon Statutes, it is proposed
that the City will assume from the Sunriver Owners Association
(SROA) major functions now performed by the Association,
Fire/EMS, Police, and Public works (including Road Maintenance).
Assuming a successful election in May 1994 approving the
incorporation of Sunriver, our proposal suggests that the period
May 1994 through December 1994 be devoted to initiating the
Planning function, arranging insurance, installing accounting
procedures, enacting a City Charter, formulating and executing
basic ordinances, accomplishing agreements with utility
providers, and transacting any other business necessary to assure
a smooth transition of major services January 1, 1995, if the
City and SROA agree. If they cannot agree, the proposed budget
gives the City the resources to provide a reasonable level of
municipal services.
Municipal services would be phased in as follows:
Planning and Administrative June 1, 1994
Fire/EMS January 1, 1995
Police July 1, 1995
Public Works July 1, 1995
Although Oregon Statutes require that only first and third year
budgets be shown in the Economic Feasibility Study, we have
purposely included a second year budget to show more clearly the
budgetary transition resulting from the gradual, phasing -in
approach. The fiscal year will begin on July 1 annually.
The proposal also contemplates:
A. Purchase of equipment from SROA as of 1/1/95 to perform
Fire/EMS, Police, and Public Works functions.
Alternatively, the City may elect to purchase some or all
necessary equipment from other sources. Provision for such
acquisitions is recognized in the surpluses in the three
annual budgets.
B. Recognizing that Police and Public Works functions will not
be performed by the City until 7/1/95 (six months
following acquisition) the budget provides for lease -back to
SROA of the equipment needed by SROA to perform these two
functions for the period 1/1/95 to 7/1/95 (line item #111).
C. Since it is necessary that the City own some of SROA's
private roads, the budget includes an estimate for the cost
of condemnation under the power of eminent domain should
this be necessary in lieu of negotiated acquisition of the
roads. Again, the money for such acquisitions may come from
Sunriver EFS April 17, 1993 Page 11
0128-1451
the surpluses in the three annual budgets or through the
Council's decision to levy more of the approved tax base
than the proposed budget contemplates.
D. It is anticipated that ordinances and agreements needed to
initiate the income cycle from revenue sources including
room tax, privilege taxes, state revenue sharing, etc. will
be prepared and enacted immediately following a successful
May 1994 election.
Business Park, 90 Acres
Tvo Rivers, a 606 acre tract, South of Sunriver
An undeveloped 404 acre tract, South of Sunriver
The above land parcels are included in the proposed City
boundaries.
Business Park
The budget provides for police and fire protection as well as
road maintenance. Sewer and water service is already furnished
by Sunriver Utilities Co. One additional police officer is
included in the Police budget to service this area. It is
assumed that the City will either provide fire protection by
the Sunriver Fire Department, or by continuing the contractual
arrangement currently in place with the La Pine Fire District,
assuming the cost of approximately $20,000/ year.
Two Rivers
This tract of approximately 606 acres is to be developed by Lowe
Enterprises. The area is tentatively planned for one golf
course and about 15 home sites in the first stage, to be followed
by additional amenities and homesites in subsequent stages. Our
budget assumes that the development will be serviced by Sunriver
Utilities Co. for sewer and water and that the City will furnish
Police, Fire Protection, and Road Maintenance. The cost of an
additional police officer is included in the budget and it is
assumed that the Sunriver Fire Department will provide fire
protection.
An Undeveloped 404 Acre Tract
This tract, consisting of 3 separate land parcels, is proposed
for inclusion within the City boundaries primarily to provide
buildable land to assure orderly development of the area and to
assure the ability of the City to meet state land use goals. It
should not initially require any services.
Planning, City Attorney, Municipal Judge
The Sunriver Incorporation Committee has met with representatives
of various Central Oregon governmental agencies, reviewed their
budgets, consulted with the League of Oregon Cities, and spoken
with professionals either now performing or capable of handling
responsibilities as Planner, Municipal Judge, and City Attorney
on a part time basis. Our budget provides for these expenses.
Sunriver EFS April 17, 1993 Page 12
Comprehensive Plan 0128.1062
The City proposes to complete a Comprehensive Plan, contracting
with either a qualified independent firm or the Deschutes County
Community Development Department, over a 3 year period following
initial incorporation. As the major portion of the area
proposed for inclusion in the City is already addressed in the
Master Plan of Sunriver and the accompanying land use maps,
completion of a Comprehensive Plan will not be as complex as it
would be were the aforementioned documents not already in place.
Ad Valorem Property Tax
This proposal provides for an Ad Valorem tax of $1.50 per $1000
of assessed values for the second and third fiscal years. The
combined assessed value of the area proposed for inclusion
within the City boundaries as of the 1992-1993 tax year is
approximately $654 million. In the first fiscal year there is
a surplus of revenues over expenses, since the first major
functions are to be phased in as previously indicated. This
surplus will be utilized to fund acquisition of equipment needed
to perform functions assumed by the City. During the second and
third years it is necessary to levy a tax estimated at $1.50 per
$1000 to produce sufficient revenue to cover budgeted expenses
and allow for anticipated equipment purchases and replacements.
The tax rate of $1.50 per $1000 of assessed value has been set to
c:)ver (1) The excess of expense over non -property tax income for
the 2nd. and 3rd. budget years and (2) Cash requirements for
replacement of equipment and purchase of new equipment.
Tax Base
It i.; proposed that a tax base of $2,000,000 be requested for
approval at the May 1994 election. The proposed tax rate of $1.50
per $1000 of assessed values for the second and third budget
years equates to utilizing only $981,000 of the tax base, as
shown in our budget estimate. Thus it is anticipated that it
s'.ould not be necessary for the City Council to request voter
4--,roval for an increased tax base until several years after the
19.6-1997 budget year. The $2,000,000 tax base also provides
sufficient cushion to provide the City Council with funds to
offset any unanticipated reduction of tax revenues which might
result from a severe economic downturn or acts of the state
legislature. Should it be necessary for the City to levy a tax
utilizing the full tax base of $2,000,000, based on current
assessed values of $654,000,000, the tax rate would be $3.06 per
1, 000.
Sunriver EFS April 17, 1993 Page 13
BUDGET
- CITY OF SUNRIVRR
0128-1063
RESOURCES
Account
Item
7/1/94-95
7/1/95-96
7/1/96-97
100
Ambulance Rev.
$24,476
$51,399
$53,968
101
Cigarette Tax
51117
5,418
5,719
102
Gas Tax
781081
82,674
87,267
103
Liquor Tax
13,566
14,364
15,162
104
Licenses/Permits
2,000
5,250
5,512
105
Interest
101000
15,000
20,000
106
Municipal Court
------
30,000
30,000
107
Privilege Taxes
240,891
252,936
265,583
108
Planning Fees
31500
3,000
2,500
109
Room Tax
1,263,072
1,338,857
1,419,188
(Managed Units)
110
Room tax
166,742
176,747
187,352
(Private rentals)
111
Lease of Eqm't
33,610
------
------
(To SROA)
112
U.S.F.S. Revenue
------
------
------
113
911 System
41250
4,500
4,750
Sub -Total
$1,845,305
$1,980,145
$2,097,001
Ad Valorem
114
Property Tax -----------
$981,000
$981,000
Total Resources
$1,845,305
$2,961,145
$3,078,001
Sunriver EFS April 17, 1993 Page 14
N. 0128--1064
EXPXNSIB
Account
Item
7/1/94-95
7/1/95-96
7/1/96-97
200
Accounting
$40,000
$55,000
$70,000
202
Administration
208,653
219,086
230,040
204
City Council
2,500
1,500
2,000
206
City Attorney
20,000
20,000
20,000
208
Condemnation
25,000
------
------
212
Dues, L.O.C.
600
650
700
214
Insurance
30,000
31,500
33,075
216
Jail Space
------
30,000
30,000
218
Public Safety
15,234
729,821
766,313
220
Public Works
15,667
677,755
695,587
222
Fire/EMS
322,408
676,473
697,945
224
Municipal Court
------
30,000
30,000
226
911 System
4,250
4,500
4,750
228
Contracts for
25,000
25,000
25,000
Community Developm't
230
Planning
20,000
21,000
22,000
232
Comp. Plan Prep.
17,000
17,000
17,000
234
Start Up Expenses
60,000
------
------
Sub-Total
$806,312
$2,539,285
$2,644,410
Contingency
$75,000
$132,238
$137,757
Total Expenses
$881,312
$2,666,249
$2,776,631
Unappropriated
ending balance
$963,993
$294,896
$301,370
Grand Total
$1,845,305
$2,961,145
$3,078,001
Sunriver EFS
April
17, 1993
Page 15
146191 a I III 4A 2.4111-77r
RESOURCES
100 Basis - 1993 SROA budget, adjusted to 1/1/95 including 5%
per year increment; first year budget 1/2 of annual as
functions performed for 1/2 of the first fiscal year.
101 Cigarette, gas, and liquor tax revenues are based on per
capita rates of $3.01; $45.93; $7.98 respectively (latest
thru figures available from the League of Oregon Cities).
Resident population estimates: 1700, 1800, 1900 for 1st.,
103 2nd., 3rd. years respectively.
104 Based on review of other Central Oregon City budgets for
business permits and licenses.
105 Based on our estimate of investable funds.
106 An offset vs. expense for Municipal Court cost center (see
expense list). Court operation is usually a profit center,
based upon review of Sisters and other Central Oregon
budgets.
107 Based upon actual 1991 gross revenues obtained from
telephone, gas, water, sewer, electric and waste disposal
providers, adjusted by 5% per year for growth and inflation.
Proposed tax rates: telephone 4%; gas/waste disposal 3%;
water/sewer 3 1/2%; electric 3 1/2%.
108 Based upon review of other, comparable City budgets.
109 Based upon county room tax receipts for 7/1/91-92 of
$1,060,500 adjusted for 6% annual increase.
110 Based upon estimate of $2 million current gross rentals per
year for privately rented units at 7% tax, adjusted by 6%
per year for annual increase.
111 Estimate of lease back by City to SROA of police, road
maintenance equipment for the period 1/1 - 7/1/95; figures
based upon annual SROA depreciation schedules for autos,
equipment, furniture and fixtures for Police, Public Works
Departments. As shown on current schedules, $67,220 annual
rate times 1/2 year.
112 Currently the County is not distributing any portion of its
U.S. Forest Service Revenue to cities as in prior years.
113 A "pass thru" item; offsets identical expense charge.
114 Amount needed to supplement non -property tax income and
provide funds for equipment acquisition and replacement.
Sunriver EFS April 17, 1993 Page 16
FOOTNOTES RRSOURCES/EXPENIAL 0128-1066
EXPENSES
200 Based on an estimate ffor aseveralCPA
CentralwlOregonth ercitiestise n
in
accounting
including annual audit. adjusted for 40$ burden.
202 Reference point, SROA 1993 budget, depreciation of
Includes office rent based on 25005q.
ft,
auto, furniture and fixtures, equipment, other expenses, and
salaries of the City manager and executive secretary.
204 Travel, education, miscellaneous expenses no salaries
contemplated. review of Bend and
206 Based on discussions with Sisters, qualified local
Redmond budgets, also consultations with
erve the City of Sunriver on a
attorneys available to s
part-time basis. appraisal and maps,
208 Estimate of the cost of legal services,
should a condemnation action be needed to acquire roads
and/or equipment. The purchase price of any proPeY
acquired would have to come from unappropriated funds or the
tax base.
212 Based on per capita resident charges for membership in the
League of Oregon Cities.
214 Based on estimate from R. Egan, manager of Cities Insurance
Services, considerably lower than 1993 SROA budget $97,826
Se & 0. or umbrella c
Se D. loverage needed and (2) lower
(ic s,
underlying liability limits required due to lower statutory
limits for cities.
216 Based on contracting with Deschutes County to buy two beds
in the County jail, at an estimated cost of 540/day for 365
days. BY
decriminalizing City ordinances all or part of
this cost may be avoidable.
218 Reference point is the 1993 SROA budget-, adjusted to include
a 40% burden load (employee benefits including employer
contributions, medical, retirement, etc.) and inclusive of 2
added officers to patrol the Business Park and
Two Rivers,
Enterprises,
the 606 acre tract to be developed by
Lowewhich is included in the City boundaries. Also includes an
investigator, assumes continued re�ntae�f police
for inflationffice •
the Mall, and adjusts 5% p year
Depreciation first year only; full operation beginning
7/1/95.
220 Includes $300k for road maintenance vs. $100k in 1993 SRO
ncludes 40% burden load and 5% per year
budget; also i
of 1.9miles
inflation adjustment, maintenance space od rentalat
the Business Park and provides for p
f rental
35c/ft./month from SRP (D. Btoonlystifull mate ooperation
value). Depreciation first year
beginning 7/1/95.
222 Includes 40% burden load, depreciation of autos and
equipment based on current SROAschedules, and
spice rintal
of existing buildings owned by SRP and
35c/ft./month. (D. Bratton estimate of rental value).
Sunriver EFS
April 17, 1993
Page 17
0128-1067
224 Offset vs. resource income of same amount. Court operations
typically are profit centers.
226 Offset vs. resource item of same amount.
228 Assumes funding of one or more local organizations where
economic benefit to the community is clearly demonstrated.
230 Assumes hiring of Planner (ORS requires cities to perform
Planning function); estimate based upon Sisters experience
and discussions with qualified, available part-time planners
in the Bend/Redmond/Sisters area.
232 Assumes preparation of the Comprehensive Plan for the new
City over a three year period following incorporation;
estimated cost $51k amortized over three years.
234 To allow for special first year expenses, legal, ordinance
preparation, agreements with utilities, miscellaneous other
expenses.
Sunriver EFS April 17, 1993 Page 18
0.28 -lass
The proposed City of Sunriver would provide the following
services to the community within the City boundaries. These
would be phased in as described in the "Proposal" section.
1.Police Protection; Fire/EMS; Road Maintenance:
The City will provide a full municipal police service using
19 full time employees. The present security
personnel/deputy sheriff service provided by SROA uses 11
people to serve just Sunriver. Qualified members of the
SROA security force could be transferred to the City and
would be augmented by 3 additional positions to provide full
municipal police service (including criminal investigation),
enforcing City and state laws in all areas of the City. It
is envisioned that the municipal laws to be enacted by the
City will be consistent with present SROA Rules and
Regulations.
A "holding" facility would be maintained in Sunriver, and
the City would seek an arrangement with the Deschutes County
Sheriff for use of County jail facilities.
Fire and Emergency Medical Services, maintenance of public
roads, and other necessary services will be phased in over
time, as previously mentioned. The objective must be to
achieve an orderly transfer of existing services from the
SROA, and augmentation of these services as necessary in
consideration of the larger areas of responsibility of the
City.
2.Administration:
A. City administration will be performed by a full time
chief executive appointed by the Council and supported by
appropriate secretarial/clerical staff.
B. Planning (City and Urban Growth):
Initially the City might contract with the
Community Development Department, which
Planning services (zoning, comprehensive
with another competent party. Eventually,
establish its own Planning Department.
inspections would continue to be provided b
fee basis.
C. City Attorney
D. Fiscal management and accounting.
Deschutes County
now provides
plan, etc.), or
the City would
Building code
y the County on a
Sunriver EFS April 17, 1993 Page 19
(,128-1069
The above functions will be performed by the Administrative
Staff and part-time hired specialists. The contract City
Attorney will represent the City of Sunriver on civil matters. A
part-time municipal judge will preside over the Municipal Court
and the court would be supported by appropriate part-time
clerical staff.
Sunriver EFS April 17, 1993 Page 20
A. Police protection is now provided by employees of the SROA
Department of Public Safety, utilizing equipment owned by
the Association. When the City assumes this function, it
will relieve the Association of a major expense. At
present, SROA security officers are deputized by the County
Sheriff. City Police will have municipal police powers, so
that this will no longer be necessary. City police will
also relieve the Sheriff of responsibility for the Business
Park and other areas within the City boundaries.
B. Fire and Emergency Medical services are now provided by SROA
employees and volunteers, using equipment owned by the
Association. When the City assumes this responsibility, it
will relieve the Association budget of its largest cost
center.
C. Road maintenance within Sunriver is now provided by SROA
employees, using equipment owned by the Association, and
supplemented, as necessary, by contracts with private
providers. The City will maintain roads dedicated to the
public, relieving the Association of these costs. The
Business Park and other areas proposed for inclusion in the
City will benefit from a road and street lighting
maintenance program. County roads located within the City
remain the maintenance responsibility of Deschutes County
until such time as the City and County agree that the City
would maintain them.
D. The Association's liability and insurance expense should
decrease when the City assumes responsibility for providing
Police, Fire/EMS and Road Maintenance services. The City
should seek to purchase, lease or otherwise acquire from the
Association the equipment now used to perform these
services, further reducing the Association's expenses.
E. Planning, compliance with LCDC requirements, zoning,
building permits, inspections, etc., are now provided by the
County Community Development Department. This arrangement
might be continued through an agreement with the County,
until the City's own staff is able to carry out all planning
functions. The Association will continue its Design
Committee function, with its separate fee structure.
Sunriver EFS April 17, 1993 Page 21
0128-1071
F. The LaPine Rural Fire Protection District presently serves
the Business Park area of the City. Should the City cause
that area to be withdrawn from the Fire District, the Fire
District will lose tax revenue from that area. However,
after the withdrawal, continued growth in the remaining
areas of the Fire District should offset any loss caused by
the withdrawal. Following the withdrawal, the City could
still determine it was wise to have a contract with the Fire
District to provide service to parts of the City or to
provide mutual or automatic aid between the agencies.
Sunriver EFS April 17, 1993 Page 22
BI8TORY OF BUNRIVAR
Sunriver is a tract of land about five miles long, bordered by
eight and one half miles of the Deschutes River. It is largely
meadow land grading upwards to stands of lodge pole and
ponderosa pine with some aspen and spruce.
During World War II, the government bought the 5,500 acres which
made up the original site of Sunriver to be used by the Army
Corps of Engineers as a training area for bridge building,
amphibious assault and construction of roads and canals. Built
in 1944 as a self contained City, the camp was complete with
roads, water and sewage systems and all buildings considered
necessary to sustain a population of 10,000.
Sunriver came about when Don McCallum and John Gray met with
others with the idea that a tract of land bordering the Deschutes
Fiver would be a perfect place for a planned community. The two
principals hired a cadre of planning experts from San Francisco,
highly skilled in land planning to map and lay out the cul-de-sac
motif of the development. A noted architect designed the lodge
and lodge condos and a designer was engaged to plan the South
Golf Course. Others set the pattern for the Cluster Cabins and
Mountain View Lodges.
During the planning stages, and even before the actual
construction began, there was a decision that there should be a
strong focus on the environment and conservation.
Initial development started in 1967 and the first plat was filed
in 1968. The original area covered approximately 5,500 acres,
but in 1978, approximately 2,200 acres were sold to the United
States Forest Service. The property is now confined generally
to: the Deschutes River to the West, the Burlington Northern
Railroad to the East, Spring River Road to the South and the
east/west centerline of Section 20, T.19S, R.11E to the North.
Original approvals gave Sunriver an overall density of 1.5
housing units per acre.
The document defining the general planning and governance of the
community was the Plan of Sunriver. From the very first, the
physical layout was to be in the form of villages, each with a
degree of autonomy. In addition, each cul-de-sac, which.
consisted of a circle of homes surrounding a section of "common
ground" was independent to the extent that a majority of the
landowners bordering the common ground could build a pool or play
grounds thereon. Thus, instead of being a unified corporate
body, Sunriver at first was a loosely organized federation of
contiguous villages, such as Meadow Village, Overlook Park and
Skypark. The general movement, however, was toward unity.
Sunriver EFS April 17, 1993 Page 23
0128-10r3
Sunriver, at first, formed around a nucleus consisting of the
Lodge and the South golf course, Meadow Village, the Cluster
Cabins, the Pole Houses and the condominiums named Meadow Houses.
The Lodge Condominiums and the Mountain View Lodges were under
construction by 1968 to 1970.
All lines for utilities were underground, the street lights were
on wooden poles and the streets were red lava rock oiled, since
supplanted by black -top for reasons of maintenance.
The original master plan map and the Plan of Sunriver showed
Sunriver to be a development of mixed uses. The intent from the
beginning was to create a self-contained community with a mixture
of single-family and multi -family residences, retail, light
industrial, a variety of recreation facilities, an airport,
schools, fire and police protection, water system, sewer system
with treatment facilities, open spaces, and a self-governing
owners association. The development, as it has progressed, has
followed very true to form. The original master plans were
conceptual in nature and subject to revision as various
conditions warranted.
All this was in line with the widely circulated public relations
claims that Sunriver was planned and governed to conserve the
natural environment where wildlife was protected and nurtured and
where the purity of the natural lifestyle was preserved.
The owners took tentative steps toward self-government when they
set up the beginnings of an owner's association with the election
of a town council. Prior to this, council members were employees
of the developer, appointed by the developer. In December, 1973
the Sunriver Owners Association incorporated under Oregon Non -
Profit Corporation Law and the elected Board assumed an active
role in the affairs of Sunriver and acted in an advisory capacity
to the developer.
At the outset and during the initial planning era, the central
vision was that Sunriver was to be a planned town for permanent
residents, a rural suburb which was designed to incorporate new
ideas of community living and to avoid many of the unpleasant
aspects of city living. Then, in 1972, occurred a decisive
meeting of the sales staff, in which the emphasis was to be on
the sale of lots. Thus was introduced the rentals for
vacationers and the shifting of concerns from a residential
community to that of a destination resort. The lodge, originally
designed to cater to permanent homeowners and their guests, was
converted to a focus for the resort set. The golf course,
instead of concentrating on play by residents, evolved into a
commercial enterprise, as did most of the original amenities.
The commercial aspects of the resort took a sharp turn upward
when Connecticut Mutual Insurance company acquired the stock of
John Gray in 1974 and continued its control as the developer.
Sunriver EFS April 17, 1993 Page 24
0128-10'74
By 1976, some 1,100 acres had been developed. Sunriver
Properties, the developer, decided to market the undeveloped
areas in California, necessitating a new approach to the CC and
R.'s to meet with a new Plan of Sunriver, Phase 2 and a separate
Maintenance fund, Owners Association, etc. With the turn down of
the economy in the mid -701s, the developer proposed to sell 3,200
acres to the United States Forest Service. This was disapproved
by the County in the fall of 1976; a compromise was reached and
2,200 acres were sold in 1978, resulting in a remaining community
of some 3,300 acres.
Cross easements were made between the two Phases to fund police,
fire and other expenses and to provide for the use of recreation
amenities, etc. This division was artificial and the two Phases
were reunited by adoption of the Consolidated Plan of Sunriver
effective January, 1986. This merged activities, maintenance
funds and owners associations.
Parallel to the effort to create the Consolidated Plan, a
Transition Council was working under the developer's mandate to
program a successful transfer of administrative control and
responsibility from the developer to the Sunriver Owners
Association. This three year effort by a volunteer Council
culminated in January, 1987, with the formal transfer of
administration to the Sunriver Owners Association, which now
exercised the powers of "Administrator" under the Consolidated
Plan, through its nine member Board of Directors. All areas of
the Sunriver community North and West of Spring River Road and
Century Drive have now been subjected to the Consolidated Plan of
Sunriver.
Connecticut Mutual relinquished its influence in the community
with the sale of the Resort and Utility Company to Lowe
Enterprises in the spring of 1993.
Sunriver EFS April 17, 1993 Page 25
0128-1075
Sunriver is a Planned Unit Development under the Deschutes County
Comprehensive Plan and a Planned Community Zone under County
zoning ordinances. It is a "private" community with defined
boundaries and is internally zoned (single and multi -family
residential, commercial, resort, etc.) through adoption by the
County of a Master Plan of Sunriver. The community contains a
number of "villages", each subject to specific Declarations of
Covenants, Conditions and Restrictions (CC & R's). It has a
"charter" in the Consolidated Plan of Sunriver, dated November,
1985. This plan sets forth administrative, financial and
enforcement powers of the administrator (Sunriver Owners
Association), provides for the use of property within the
boundaries of Sunriver, delineates the rights and obligations of
ownership, etc.. All unit owners are members of the Association,
as are owners of the resort and commercial property within the
boundaries of Sunriver. Rights and obligations of owners are
also contained in the CC & R's pertaining to the particular
geographic area of Sunriver.
The nine member Board of Directors of the Association is elected
by the membership at the annual meeting in August of each year;
three members are elected each year for three year terms. The
Board acts as Administrator of Sunriver and conducts the business
of the Association subject to limitations contained in the
Consolidated Plan of Sunriver. Other governing documents are
the Articles of Incorporation and the Sunriver Owners Association
By -Laws. The Board meets at least once a month in a public
meeting and provides policy guidance to the General Manager.
The Board employs a General Manager to whom it has delegated day-
to-day management responsibilities. The Manager, in turn,
supervises employees of the Association (e.g. Public Safety,
Fire, Public Works, etc.)
The Association budget is adopted by the Board and the fee
structure is approved annually by the Board. An accounting
department handles necessary income and expense accounts; a
member of the Board acts as Treasurer for the Association. All
expenditures for capital improvements and additions in excess of
$25,000 require the affirmative vote of not less than 60% of the
votes cast by written ballot directed to all owners. The same
requirement exists for the levy of any special assessment. The
association is a non-profit entity.
Committees (Finance, Recreation, Planning, etc.), staffed by
volunteers, assist the Board in developing policies, guidelines,
rules and regulations, etc. These committees advise the Board.
The Design Committee is charged by the Consolidated Plan of
Sunriver and CC & R's with review and approval of all plans for
development of areas within Sunriver. It issues Sunriver permits
for approved plans. Sunriver is largely self-sufficient, with
its own police, fire, emergency medical, road and bike path
maintenance and construction, etc. The community relies on
Deschutes County for deputizing of law enforcement officers,
Sunriver EFS April 17, 1993 Page 26
0128.1076
access to courts, jail space, compliance with LCDC requirements,
zoning actions and enforcement, issuance of building permits,
technical inspections and dispatch service through "9-1-111.
Note that no description of existing governance is provided for
the Business Park and other property proposed for inclusion in
the City as all are governed solely by Deschutes County. The
Business Park does, however, have its own association with
membership consisting of the 29 lot owners. This organization
would continue to function.
Sunriver EFS April 17, 1993 Page 27
0128-1077
Sunriver has been formed by recent geological events. To the
north, a large lava flow (Lava Butte), has occurred in the Post-
Mazama time (Approximately 6150 years). All the surrounding area
has large deposits of Mazama Pumice forming the soil of Sunriver.
To the East, all the area has been influenced by the Newberry
Mountain Complex of rifts, vents and fault -lines as well as
numerous cinder buttes. To the West lies the Cascade Mountain
Range, including Mt. Bachelor which is a rather recent volcano;
geologically lacking glacial relief, the mountain shows a typical
outline for a strato-volcano.
To the immediate
altered by these
forms the far we:
of the proximity
high lava plains
above sea level.
West lies the Deschutes River, which has been
flows of lava. The flood plane of the Deschutes
stern edge of the Community of Sunriver. Because
to the Newberry Volcano, Sunriver is part of the
of Oregon and has a mean elevation of 4,250 feet
The Sunriver site has been most important in man's history. The
large post Mazama lava flows of Aa and Pahoehoe types caused the
migration of large mammals to be diverted south into the area of
the present Sunriver. Predators, including man, gathered here in
the fall and spring to hunt these animals. The nature of the
pumice soil is such that normal artifacts of man (bones, baskets,
etc.) are poorly preserved, but sites have been found as close as
the edge of the Lava Butte Flow. The climate of the Sunriver
area is semi -arid (15-20 inches of precipitation per year) due to
the rain -shadow effect of the Cascades. The relatively high
elevation causes wide daily and seasonal temperature variations.
The flora is typical of this dry condition; the Ponderosa Climax
Forest dominates. The extensive logging of the area in the early
1920's led to a preponderance of Lodge Pole Pine (Pinus
Contorta), with reestablished Ponderosa Pine (Pinus Ponderosa)
slowly coming back.
Because of the Deschutes River and its extensive wetlands within
the flood plane , many bird species exist. The Osprey, Redtail
Hawk and Canada Goose are common near the river. In the wooded
portion of Sunriver, Stellar Jays, and Clark's Nutcracker are
dominant and common through out the year. Smaller mammals are
very evident; these include the Yellow Pine Chipmunk, the Golden
Mantle Ground Squirrel and the Western Gray Squirrel. Mule deer
are common for most of the year, leaving only for the Eastern
High Desert in times of snowfall. Rocky Mountain Elk have been
common in Sunriver during the spring and fall, but building has
caused their numbers to dwindle of late.
Within the 3,300 acre that is the planned community of Sunriver,
there are approximately 900 acres of Common Land and Parks. This
Is in addition to the two 18 hole golf courses and their
attendant waterways that draw much fauna to their ample grass and
lush vegetation.
Sunriver EFS April 17, 1993 Page 28
Q128 -1Q18
Finally, it must be noted that the community of Sunriver has a
Nature Center with resident naturalists. The Center and it's
staff have greatly enhanced the area by educating the public and
by carrying out numerous environmental projects.
LAND USE
The area being proposed for incorporation as the City of Sunriver
is 4378 acres. A major portion of this proposal (3278 acres), is
described in the "Consolidated Plan of Sunriver" dated January 1,
1986. In addition, Business Park I, II and III, covering 90
acres just South of Century Drive, is included. The proposed
City also contains an area of 606 acres identified as Two Rivers,
which is just now beginning development into an 18 hole golf
course and 15 home sites. Finally, the proposal includes a 404
acre tract of undeveloped land, zoned F2, which is located East
of the newly planned golf course.
The property covered in the "Consolidated Plan of Sunriver" is a
planned community comprised of interrelated villages containing
homes, condominiums, recreational and shopping facilities and a
major resort complex. There are 3229 single family residential
lots of which 2251 are developed with homes, and 866 condominium
sites, of which 842 are developed, totaling 4095 residential
sites. There are more than 60 retail shops, eateries, and
professional services located in the Sunriver Mall. Sunriver
Lodge and Resort has 211 overnight accommodations as well as a
wide variety of attractions for the day visitor.
Business Park I, II and III are located just adjacent to South
Century Drive. It consists of approximately 55 businesses
providing services ranging from auto repair and building
materials to restaurants, real estate and medical care. Also
located within this area is a 56 unit apartment complex.
The now -developing area known as Two Rivers will initially
contain 15 single family building sites and an 18 hole golf
course. The developer will probably continue to invest in this
section as economics suggest.
The three parcels of undeveloped land to the East of Two Rivers
contain 404 acres. We see this area possibly being planned as
lower cost residential with strong emphasis on a park -like
atmosphere.
Two schools are located within the proposed City boundaries.
Sunriver Preparatory School, located near the Cottonwood Road
entrance to Sunriver, offers a quality education for Grades 1 -
12. The Three Rivers School, located near the Business Park,
serves kindergarten through grade 5 students.
Sunriver EFS April 17, 1993 Page 29
SOCIO-RCONOMIC FACTORS 0128-1079
The assessed value of the area proposed as the City'of Sunriver
is currently $654,048,560. The four components of this area
are:
TRACT
A. Sunriver
B. Business Park
C. Two Rivers
D. Undeveloped tract
TOTALS
AREA (Acres) ASSESSED VALUE ($)
3278 647,112,435
90 6,369,705
606 83,795
404 482,625
4378 acres $654,048,560
Growth in assessed value during the past five years has been
propelled by the general increase in property values, the
addition of improvements, and the construction of homes,
businesses and facilities. In the area covered by the
Consolidated Plan of Sunriver alone, assessed valuation has grown
from $312M in August 1989 to the current value of $647M. A
similar growth pattern was experienced by the Business Park,
which was valued at $4.1M in August of 1990 and is currently
valued at $6.4M.
The number of new home permits issued in Sunriver decreased from
the peak of 206 in 1990, to 129 in 1991, and to 136 in 1992.
This slower pace should continue, as the community is expected to
approach 90% build out by the mid -90's.
The first homes were built in Sunriver in 1969 and 1970.
Construction has continued in the intervening years at a regular
pace, with the result that no homes are over 22 years old and the
average age is less than ten years. Median homevalues have been
rising due to inflation and to an.increase in the size and
quality of new construction.
Permanent population trends are difficult to obtain, as Sunriver
has a large second home population. For some, their Sunriver
residence is truly a second home where owners divide the year
between it and a home in a milder climate. For others, it is a
vacation home. Many plan to utilize this as their retirement
location. Roughly 1500 owners rent their homes or condos in the
short term rental market for tax or income purposes. Voter
registration has grown from 911 in August 1989 to 1221 in 1992.
Among registered voters, the household size is estimated to be
two and a small fraction. The average age is apparently in the
middle fifties. Education level is well above average, with a
large number of advanced degrees and a very high proportion of
college graduates. Fifteen years of formal education would be a
conservative estimate. Because of this background, the Sunriver
precinct has supported, by large majorities, efforts to increase
financial resources for schools, county tax base, and support
facilities.
Sunriver EFS April 17, 1993 Page 30
A. Transportation: Sunriver has 80 miles of roads, which are
maintained by the Sunriver Owners Association. Main
arteries are macadam, as are some roads in low-lying areas;
others are chip sealed. The Business Park Owners are
responsible for road maintenance'in that area. The Sunriver
Lodge and Resort provides a bell service for guests; other
than this, there is no public transportation in Sunriver.
Sunriver Resort also maintains an airport within the
community, with a 5,500 foot paved runway, lighting,
terminal facilities, fueling, airplane hangers and parking.
B. Communications: Telephone service is by U.S. West, which has
provided adequate capacity to accommodate the expanding
community.
C. Water Supply: Potable water is provided to all units by the
Sunriver Utility Company, a wholly owned subsidiary of Lowe
Enterprises. Supply is from three deep wells on the
property, pumped to storage tanks on the higher land just
East of the Burlington Northern Railroad line. Adequate
flow and storage exist to meet fire fighting and build out
requirements for the present area of Sunriver, plus the
Business Park and Two Rivers. Adjustments must be made for
any development in the 404 acre parcel. Golf course
irrigation is handled by systems separate from the community
water supply.
D. Sewage Collection and Disposal: Sunriver Utility Company
provides a central collection, treatment and disposal system
at an on-site treatment plant. Waste water is pumped to
several golf course ponds and solids are utilized on pasture
lands. The physical plant has been designed with sufficient
capacity to meet build -out requirements and loads for the
current Sunriver, the Business Park and Two Rivers.
E. Electric Power: Midstate Electric Cooperative provides
electric service through sub -stations at the North and South
boundaries of the present community.
F. Natural Gas: Gas service is provided to Sunriver by Cascade
Natural Gas Company.
G. Cable Television Service: Chambers Cable provides the
Sunriver community with cable TV and offers a variety of
programming choices.
H. Solid Waste Disposal: Sun Country Disposal, one of four
franchised collection companies authorized by the County,
provides pick-up service in Sunriver. This company operates
on a seven year franchise agreement, automatically extended
Sunriver EFS April 17, 1993 Page 31
0128-1081
by the County and such service would continue unless the
future City Council should decide to make other
arrangements.
I. Public Safety: The Department of Public Safety, administered
by the Sunriver Owners Association, consists of a Chief and
nine Officers, who are deputized by the County Sheriff. The
officers are supported by a secretary/dispatcher and by
seasonal bike marshals. The department is charged with
enforcement of the Association's Rules and Regulations.
Twenty-four hour -a -day protection is offered, with after-
hours dispatch provided through 9-1-1 in Bend.
J. Fire and Emergency Medical: Sunriver Owners Association
maintains a fire department with equipment ranging from
brush rigs to pumpers. A Chief and five subordinates are
salaried; 24 volunteers receive training and call -out pay.
One central fire station is maintained. Current fire
insurance rating is NB 5.
The Association also owns a modern ambulance staffed by
EMTs, many of whom are volunteers. Medical back-up is
available from the High Desert Medical Clinic at the
Sunriver Village Mall area. As with police, after-hours
calls for fire and medical aid are handled through 9-1-1.
K. Schools: Sunriver is within the Bend-LaPine School district,
which provides education for grades K-5 at the Three Rivers
School in the Sunriver Business Park. It is anticipated
that the number of grades served will be increased. The
School District furnishes bus service to Bend for children
in higher grades. The private Sunriver Preparatory School,
serving grades K through 12, is also located in Sunriver.
L. Street Lighting: Sunriver Owners Association provides full
lighting for the principal streets and minimal illumination
for residential lanes.
M. Mosquito Control: The Sunriver area is served by Three
Rivers Vector Control, under contract with Sunriver Owners
Association. A similar contract could be negotiated by the
City.
N. Library Services: Provided in Bend by the Deschutes County
Library. The Sunriver Owners Association maintains a small
lending library in its conference room.
O. Parks: Much of Sunriver consists of dedicated "common"
property, controlled by the Sunriver Owners Association, for
enjoyment by all of the owners. Two areas are currently
developed as parks: Mary McCallum Park on the banks of the
Deschutes, restricted to owners and guests, and Ft. Rock
Park in Mt. Village East. Future parks can be developed by
the Association as need arises.
Sunriver EFS April 17, 1993 Page 32
0128-1082
R. Special Service Districts: The Business Park, which is
protected by the LaPine Rural Fire Protection District, is
the only developed area of the proposed City that is within
a special service district. Deschutes County retains
primary responsibility for the Business Park. The closest
governmental unit is the City of Bend, some 15 miles to the
North.
S. Storm Drainage: There has been no provision for storm
drainage, since yearly precipitation is low (about 19"),
mostly in the form of snow.
Sunriver EFS April 17, 1993 Page 33
C. LAND USK LaQAL JUSTIFICATIONS 0128-1083
LAND CONSERVATION AND DEVELOPMENT COMMISSION
GOAL ANALYSIS
The plans for incorporation of the City of Sunriver have been
prepared considering the first fourteen goals of the Land
Conservation and Development Commission (LCDC). Goals fifteen
through nineteen will not apply to Sunriver.
GOAL #1. - Citizen Involvement: Sunriver has a long history
of citizen involvement in governmental, cultural, social and
recreational activities. During the ongoing process of
developing this proposal, and over the coming months during which
the proposal will be reviewed and evaluated by the County, the
Sunriver Incorporation Committee has specific plans to maximize
dissemination of all elements of the Economic Feasibility Study
to Sunriver owners in the following manner:
1. Beginning October 1992, the "Incorporation News", a monthly
newsletter covering various aspects of incorporation, has
been circulated to over 700 households.
2. The April issue of the "Sunriver Scene", sent to 4,100
Sunriver Owners Association members/owners, contained a
comprehensive article reporting the current status of the
incorporation proposal and a timetable between now and the
requested election in May, 1994.
3. Letters explaining the incorporation concept and copies of
"Incorporation News" have been mailed to approximately 200
non-resident owners.
4. One or more non-resident owners are directing letters in
support of incorporation to more than 100 other non-resi-
dent owners.
5. The committee will continue to cooperate with local TV,
radio and news media to assure widespread circulation of
information both in the community and in the County. KTVZ,
the "Bulletin", several radio stations and the "Sunriver
Sun" will be regularly furnished with timely information
regarding incorporation. Press releases will be issued when
appropriate.
6. Informational meetings are scheduled this April and May to
present the incorporation proposal to the following
organizations: Sunriver Women's Club, Sunriver Chamber of
Commerce, Business Park Association, Mall Merchants
Association and Men's Luncheon Club.
7. Public forums, to which all members will be invited, will be
held regularly between now and May, 1994.
8. SIC's Communications Committee will hold neighborhood
coffees during the same period.
9. The SROA Board has declared that the "Sunriver Scene" will
be made available as a forum for discussions of
incorporation once the new proposal is completed and
available for board review.
Sunriver EFS April 17, 1993 Page 34
0128-1084
Due to financial constraints, most information about
Incorporation will be circulated within the local community.
However, the committee fully intends to avail itself of all
media that enjoy wider readership, including non-resident
Sunriver Owners, whenever possible.
Following a successful election in May, 1994 subsequent citizen
involvement in municipal affairs will be the responsibility of
the City Council, its departments and various committees, to a
degree sufficient to assure proper community involvement and
input. The Sunriver community is known for a uniquely high
standard of citizen involvement and there is no reason to believe
that a similar level of involvement would not exist in support of
a municipal government. Sunriver ownership is predominately
non-resident. The interests of non-resident owners need to be
represented in all phases of planning, including the development
of the comprehensive plan. It is proposed that a representative
of the SROA Board of Directors serve on all City planning boards
and commissions.
GOAL #2. - Land Use Planning: Land use planning will be a
proper function of the newly elected City government. This
proposal provides boundaries and background information to
assist in the implementation of this goal. Sufficient funds have
been budgeted to complete a comprehensive plan and implementing
regulations, either by employing a City Planner or by
contracting for necessary planning services. The cost of these
services has been estimated using the experience of other
jurisdictions, and by consultation with persons expert in the
field. Much of the basic material for such a plan and
accompanying regulations already exists in the governance of the
current Sunriver community. There is no reason to expect that
the City cannot, or will not, meet its responsibilities in this
area.
GOAL #3-4 - Agricultural Land, Forest Land: The proposed
boundaries for the City of Sunriver include two undeveloped
areas, both zoned F-2.
The first of these is a 606 acre parcel bounded by the Deschutes
River on the West, South Century Drive on the East, and other
privately owned land to the South. The planned successor to
Sunriver Properties Oregon Ltd., Lowe Enterprises, plans to
develop this parcel into a golf course and home sites, a
conditional use under the present F-2 zoning. Plans for
development have been filed with the County and preliminary
approval granted. Such development is compatible with the
expansion of Sunriver. The transition of this parcel from Forest
to Resort zoning will not involve removal of a valuable forest
land resource from the forest land inventory since the area is
relatively open and not characterized by large stands of
harvestable timber.
The second parcel of 404 acres, also zoned F-2, is bounded by
South Century Drive and the 606 acre tract on the West, Sunriver
Sunriver EFS April 17, 1993 Page 35
0128-1085
and the Sunriver Business Park on the North, Forest Service land
and the Burlington Northern Railroad on the East, and other
private lands on the South. This parcel can be logically changed
from F-2 zoning to a variety of urban zones to provide for single
and/or multiple family residential housing, including affordable
housing, commercial and industrial uses, as the growth of
Sunriver may require.
Planning for development of this area will be the controlled by
the City of Sunriver Planning Department, allowing for
appropriate public input and attention to statewide land use
goals, in particular Goals 8, 9, 10 and 14. The development of
this tract will be addressed in greater detail during the
formulation of a comprehensive plan. At the outset, it is
quite possible that some or all of this land would retain a
resource zoning, even if it is within the City limits. In fact
some of it may remain resource zoned for all time.. When it
becomes clear whether the predominant need is for urban or
resource land, the City is empowered to advance one need at the
cost of other needs or goals. It is clear that, under the
existing laws and rules, the inclusion of this tract will permit
the City to comply with Goals #3 and #4 and other appropriate
goals as well.
The establishment of an urban growth boundary is a matter which,
under Oregon Statutes, is dealt with by the City over a period of
years. However, it is envisioned that the presence of developed
private land or forest service land to the West, North and East
of the proposed City will require the Urban Growth Boundary to
encompass areas to the South, such as the Vandevert Ranch and
areas to the East of the Ranch extending to the railroad
right-of-way. In any event, the object would be to maintain
sensible cohesiveness for a stable community, and not seek
needless or grandiose expansion which the City might find hard to
defend.
GOAL #5. - Open Spaces, Scenic and Historic Areas, Natural
Resources: The existing Deschutes County Comprehensive Plan
inventories and protects these resources. The Consolidated Plan
of Sunriver also provides for protection of Goal #5 resources,
and this protection would continue and be integrated into the new
City's comprehensive plan. The additional areas proposed to be
incorporated within the urban growth boundary include a planned
golf course and as yet undeveloped naturalresourceland. These
areas would provide an opportunity to enhance compliance with
Goal #5 in the new City's comprehensive plan.
GOALS #6 AND 7. - Air, Water and Land Resource Quality, Areas
Subject to Natural Disasters and Hazards: The analysis and
inventory required by these goals has already been conducted and
is contained within Deschutes County's Comprehensive Plan. The
implementation of appropriate zoning measures in furtherance of
these goals could be accomplished using the County Comprehensive
Plan as a general guide.
Sunriver EFS April 24, 1993 Page 36
0128-1085
GOAL #8. - Recreational Needs: Existing recreational amenities
subject to the SROA provide a multitude of recreational
opportunities (Biking, hiking, tennis, swimming, picnicking,
volleyball, x -country skiing, etc.). These are available to all
owners, permanent residents and guests. In addition, the
S rriver Nature Center is available to the general public.
SL%nriver Lodge and Resort offers additional amenities including
golf, tennis, swimming, riding, a marina, an airport, dining,
etc., which are all open to the general public.
It is understood that the development of Two Rivers will offer
similar recreational opportunities to owners, residents and
guests of that area.
The City will be able to require that a portion of the 404 acre
tract be dedicated for public park purposes. This will provide
recreation facilities particularly for the residents of this area
and the Business Park.
Clearly, the City of Sunriver will have abundant recreational
facilities for all.
GOAL #9. - Economic Development: The City of Sunriver is
planned primarily as a self-sufficient residential community,
with adequate commercial and shopping areas, a healthy tourist
and resort industry, and supporting light industrial services in
the Sunriver Business Park. Heavy industry is neither
anticipated nor desired. Deschutes County has provided ample
areas for such activity in Bend, Redmond and LaPine.
Underutilized human and natural resource capabilities are not a
problem in this residential/recreation oriented community.
In 25 years, 20 -acres of the 30.7 acre Village Mall commercial
area have been developed. Available property, with services,
exists for future expansion. Within the same time frame, 40 of
70 available acres in the Business Park (light industrial) have
been developed. The 30 acres awaiting development appear ample
for future expansion of Business Park activities. In our forest
environment, it is anticipated that any light industry attracted
to Sunriver will be non-polluting, small scale varieties
compatible with existing businesses.
Present and future commercial and light industrial development
should complement, continue and reinforce County objectives set
forth in the County's comprehensive plan. Necessary public
services to these areas are now available, and can be expanded as
required.
It should be noted that the Three Rivers School (Bend-LaPine
School District) occupies 20 acres immediately adjacent to the
Business Park, further tending to define the activities which
might be acceptable.
Sunriver EFS April 17, 1993 Page 37
0128-1087
GOAL #10. - Housing: The Sunriver residential community
consists of 3229 residential lots and 866 condominium sites, a
total of 4095 potential units. As of November 1992, 77% of these
residential lots and condo sites have been improved. All
construction has been subject to the rules of the Sunriver Design
Committee, a body formed under the Consolidated Plan of Sunriver
to assure design compatibility in the community. The Design
Committee will continue to function under the SROA, reviewing
plan submittals for new construction and remodeling, granting
preliminary and final approval, performing stake out inspections
and generally monitoring compliance with regulations contained in
the Sunriver Design Manual.
Of the homes and condominiums constructed, 1204 (38%) are
assessed below $100,000; 1141 (36%) between $100.000 and
$150,000. The balance are assessed over $150,000. These values
are generally consistent with rising residential prices in the
Bend urban area. It should also be noted that some 1000 of these
units make up a rental pool managed by property management firms
with an additional estimated 500 units rented privately.
In addition, the Business Park contains an apartment complex with
56 units and there are plans to build an additional 32 units at
some time in the future. The completed units have rents
ranging from $340 to $535 per month. This range of monthly rent
is comparable to rental rates charged for 2 and 3 bedroom
apartments offered in the Stoneybrook Apartments complex in
Redmond, a project put together by the Central Oregon Regional
Housing Authority, and intended to provide affordable housing
for families of various sizes with gross family incomes between
$13,680 and $22,620 per year. Rents in this complex range from
$391 to $477 per month.
Another Redmond project, known as Summit Park Apartments, set up
under Section 8 and arranged by the same housing agency, also
provides affordable housing for families of one to six members
with gross family income from $18,240 to $30,160 per year.
These projects are specifically cited as examples of the type of
multi/unit low cost housing that the City of Sunriver anticipates
could be arranged through the Central Oregon Regional Housing
Authority, or a similar agency, and installed, as needs might
dictate, in the 404 acre tract proposed for inclusion within
the City boundaries South and West of the Sunriver Business Park.
Ample space exists within this parcel to accommodate not only
apartment complexes and lower cost single family housing, but
also parks, commercial and retail support services as might be
necessary and appropriate. The City will consider the
appropriate zoning and housing mixture when developing the
comprehensive plan, recognizing that the present Sunriver
community is almost built -out, and that the Business Park should
be reserved for future light industrial and commercial
development.
Hence it is evident that Sunriver and the Business Park already
provide a wide range of residential and rental values, which can
Sunriver EFS April 19, 1993 Page 38
0128-1088
be enhanced, as needs develop, by the installation of additional
housing of an appropriate mix in the 404 acre tract described
above. The City Council would address this goal when developing
the required comprehensive plan.
In summary, therefore, the existing inventories of homes,
condos, and undeveloped lots, the availability of numerous
rentals both within Sunriver and the Business Park, the
potential for further development of the Business Park and the
404 acre tract, should assure the City's ability to comply with
the objectives of Goal 10 in the near-term, intermediate and long
term.
GOAL #11. - Public Facilities and Services: The City of Sunriver
will provide all necessary facilities and services in accordance
with the "phasing -in" plan previously noted.
The private Sunriver Utility Company now supplies water and sewer
services to Sunriver proper and to the Business Park. These
services will :e extended to Two Rivers. The Utility Company has
indicated its intention to continue providing these services to
Sunriver proper and to the Business Park. Telephone, gas, water,
electric, sewer and waste disposal services will be furnished by
current providers. According to Sunriver Utilities Company, it
will be unable to extend sewer service to the 404 acre tract
pr -posed for inclusion within the City boundaries and it is
ui.�_ertain as to whether water service can be provided.
City administrative offices, Police, Fire, and Public Works will
initially be located in leased space, pending a decision by the
City Council to build or purchase permanent facilities. Space
rental costs listed in the proposed budget were developed from
discussions with area property managers and through communication
with the owner of the Sunriver Village Mall.
GOAL #12. - Transportation: There is no public transportation
in Sunriver, other than that now provided to guests of Sunriver
Lodge. Any future demand for such services will be answered by
the City Council. Most of the 80 miles of existing roads in
Sui:river are privately owned by the SROA, with the exception of
about three miles already dedicated to public use. The City will
acquire the roadways, either by transfer from the SROA, or by
condemnation. The proposed budgets include estimates of the
funds needed for condemnation proceedings, which are based on
suggestions made by authorities in the fields of municipal law
and condemnation.
Bike paths within private areas will remain private. Pathways in
other areas will be maintained and policed by the City.
At present, it is not proposed that the City acquire the airport,
which is basically a transportation asset of Sunriver Lodge and
Resort/Lowe Enterprises.
Sunriver EFS April 17, 1993 Page 39
0128-1989
GOAL #13. - Energy Conservation: Goal #13 seeks to achieve
maximum efficiency and energy utilization, primarily through
zoning controls on location, orientation and density of
development. The goal is now addressed in the Deschutes County
Comprehensive Plan. The implementation of appropriate zoning
measures in furtherance of these goals will be accomplished using
the County's Comprehensive Plan as a guide.
GOAL #14. - Urbanization: Sunriver is considered an active
and functioning urban area by LCDC, Deschutes County, and
interested environmental organizations. Additional areas are
suggested for inclusion so as to present a logical and
homogeneous City, bounded on the West by the Deschutes River, on
the North by Forest Service lands, on the East by the Burlington
Northern Railroad and Forest Service lands, and adequate area for
expansion on the South. The City will be able to properly
administer and service this clearly defined area.
Discussions between the City Council and Deschutes County will
lead to a decision on an Urban Growth Boundary, as part of the
formulation and acknowledgement of the City's comprehensive plan.
The Urban Growth Boundary will depend upon exceptions to be taken
to the current Forest Zoning. As previously noted, the Urban
Growth Boundary might logically encompass contiguous areas to the
South through the Vandevert Ranch and areas to the East of the
Ranch extending to the railroad right-of-way and US Highway 97,
mostly now F-2 zoning, with a scattering of private homes. The
exact Urban Growth Boundary will be determined after discussions
with Deschutes County and the LCDC.
The City will be able to influence the development of this area
and the future extension of public services as required. The
thrust of development should be orderly and efficient
utilization of available land within City boundaries before
expansion to the South occurs.
Comments noted previously in addressing Goals 8, 9, 10 and 11 are
pertinent to future consideration of Goal 14.
Sunriver EFS April 17, 1993 Page 40
01281090
The plans for incorporation of the City of Sunriver are being
made to recognize and conform to the "Planned Community
Development Ordinance of Deschutes County", the Sunriver Master
Plan and the Consolidated Plan of Sunriver wherever applicable.
BUILT/OMITTED/NEEDS EXCEPTIONS
We know of no way in which the incorporation of Sunriver will
create exceptions to any existing plans for this area of
Deschutes County.
IMPACT ON FINANCIAL INTEGRITY OF OTHER JURISDICTIONS
The incorporation of Sunriver will have an effect on other
jurisdictions. The County, in the year 1992, collected over
$1,060,000 in room taxes from rental agents in Sunriver. The
City would impose a similar, substitute room tax on all Sunriver
rentals. The loss of these funds would have an impact on County
finances. At the same time the County Sheriff would no longer
have to provide coverage of the Business Park or other acreage to
be included in the City. Other County responsibilities (Communi-
ty Development, etc.) will also be reduced.
Deschutes County historically has allocated to cities 15% of
funds received from the Forest Service for road maintenance
within the cities. For Sunriver, the allotment would be based on
the number of miles of streets within the City. Streets counted
in the formula are those dedicated to the public. This would
amount to approximately 80 miles, which is about 1.5% of the
total City roads in Deschutes County. However, the County has
discontinued distribution of Forest Service Funds to cities in
Deschutes County. Hence, our initial budget estimates zero
revenue from this source.
The Business Park and Two Rivers are currently protected by the
LaPine Rural Fire Protection District. The undeveloped tract of
404 acres is served by both the U.S. Forest Service and the
LaPine Rural Fire Protection District. Assessed value of this
area is $6,936,000. At the current tax rate of $1.9562 per
$1000 this results in $13,600 for the District. The District
would no longer receive this revenue if the City of Sunriver
arranged to service these areas with the Sunriver Fire
Department.
Sunriver EFS April 17, 1993 Page 41