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1998-00467-Ordinance No. 97-076 Recorded 12/31/1997I n Q r 0163-1581 REVIEWED 98-00467 _ gvs�-) BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES CO , An Ordinance Repealing the Sunriver Master Plan 97 DEC 31 PH 4: 3 9 and Amending PL -20, the Deschutes County, Comprehensive Plan, to Add Findings and Policies * (. ?+,° T Y for the Sunriver Urban Unincorporated Community, with an Effective Date of March 31, 1998. ORDINANCE NO.97-076 WHEREAS, amendments to the Deschutes County Year 2000 Comprehensive Plan are required to comply with Periodic Review and OAR 660-22 for unincorporated communities; and WHEREAS, the Rural Development section of the Growth Management chapter of the Deschutes County Year 2000 Comprehensive Plan addresses land use and development policies for unincorporated communities; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. REPEAL OF MASTER PLAN. The Sunriver Master Plan, adopted by Ordinance No. 82-043, as amended, is hereby repealed in its entirety. Section 2. AMENDMENT OF PLAN TEXT. PL -20, the Deschutes County Year 2000 Comprehensive Plan, is amended to add land use and development findings and policies for the Sunriver Urban Unincorporated Community in the Rural Development section of the Growth Management chapter, as set forth in Exhibit "A," attached hereto and by this reference incorporated herein. Section 3. FINDINGS. Findings to support this ordinance are set forth in the Staff Report - Sunriver Urban Unincorporated Community, File No. TA -97-11, attached as Exhibit "B," and by this reference incorporated herein. TYP r;-" -14 E[) Page 1 of 2 - ORDINANCE No. 97-076 (12/31/97) _ 'N1,J 1,�9 1 0163=1582 Section 4. EFFECTIVE DATE. This Ordinance takes effect on March 31, 1998. DATED this 31 st day of December, 1997. ATTEST: Recording Secretary Page 2 of 2 - ORDINANCE No. 97-076 (12/31/97) BOARD OF COUNTY COMMISSIONERS QF DESCHUTES COUNTY, OREGON NANCY VQPE SQHLANGEN, T L. NIPPER, LINDA L. SWEARINGEN, Commissioner EXHIBIT "A" Sunriver Urban Unincorporated Community Comprehensive Plan Findings and Policies A. General 1. Background a. Historical Back round 0163-1583 Sunriver is located in the central portion of Deschutes County, approximately 15 miles south of the city limits of Bend. Sunriver lies in the Upper Deschutes River Basin, with the Deschutes River generally forming the western boundary of the community. Sunriver includes approximately 3,374 acres which are bounded by the Deschutes National Forest on the east, west and north sides. Small lot residential subdivision development is the predominant land use to the south of the community boundary. However, Crosswater, a private residential/resort community has also recently been developed in the area immediately south of Sunriver. Development of Sunriver began in 1967 and the first subdivision plat within Sunriver was filed in 1968. Development in Sunriver began during a period of time when the unincorporated areas of Deschutes County were not zoned. In 1972, when the County first adopted a zoning ordinance (PL -5) and Comprehensive Plan, the area identified as Sunriver was zoned A -1-T and designated "planned development" on the Comprehensive Plan map. In 1973, a zone change to planned development (PD) was applied for and granted. As part of the zone change application, a "Master Plan" was developed. The Master Plan consisted of a map showing the proposed development of Sunriver. The original area of Sunriver encompassed approximately 5,500 acres. Development occurred in accordance with the PD Zone of PL -5 and the density of development was determined to be 1.5 units per acre overall. In 1977, approximately 2,200 acres of property originally contemplated for development as part of Sunriver were sold to the U.S. Forest Service. Following the sale, a revised Master Plan for Sunriver Phase II was prepared for the undeveloped portion of Sunriver. In October, 1978, the County approved the revised Sunriver Phase II Master Plan with the same PD Zoning designation. In 1980, after a controversy over a land use application submitted for development within Sunriver, the viability of the Sunriver Master Plan was called into question. This was compounded by the fact that PL -15, the County Zoning Ordinance adopted in 1979 to replace PL -5, did not include any provisions for "planned communities." As a result, the developer of Sunriver agreed to develop a Planned Community (PC) zoning ordinance text and new Master Plan for Sunriver subject to County review and approval. In November, 1982, the County adopted an ordinance amending PL -15 to add a section providing for the Planned Community (PC) Zone and approving a new Sunriver Master Plan. Since 1982, the PC Zoning Ordinance Text and Master Plan remained relatively unchanged and were the guiding documents for the majority of existing development in Sunriver. Comprehensive Plan - Sunriver - I - Page 1 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A" 0163-1584 The PC zone adopted in 1982 included seven (7) separate district designations within the community. The districts included the following: Single Family Residential District -RS Multiple Family Residential District - RM Commercial District - C Resort District - R Industrial District - I Community Property -CP Airport District -A Approximately 80 percent of the area within the Sunriver community boundary has already been developed under the past zoning ordinances and Master Plans. Past development has included a mixture of single family and multi -family residences, commercial businesses, resort and recreational amenities and public service buildings. b. Population and Growth The current population of Sunriver is difficult to ascertain. This is due to the large number of vacation and second homes within the community that are occupied for only part of the year. According to statistics compiled by the Sunriver Owners Association, the number of full time, year round residents of Sunriver is estimated to be 1,654 persons. During the peak tourist season, the population of Sunriver, including guests who do not own property but are renting residences within the community, is estimated to be 12,664 persons. While the number of residential lots (both single family and multi -family) within the community and the density of development can be determined with a great degree of accuracy, the rate of future population growth in Sunriver is difficult to estimate due to the large number of residences that serve as second and/or vacation homes. Approximately 80 percent of the existing dwellings are vacant for large periods of time throughout the year. However, during the peak tourist seasons, the majority of the dwellings are occupied. Thus, Sunriver typically experiences a fluctuating population comprised of both year round and part time residents. At the end of 1996, Sunriver had an 80 percent buildout of single family residential lots with 2,575 single family homes and a 95 percent buildout of townhomes and condominiums with 896 residences. When adding these together, there are a total of 3,428 single family residences in Sunriver. When using the 1990 Census figure which estimates an average of 2.54 persons per household, the population figure is approximately 8,707 persons. Upon total buildout of the residential lots in Sunriver, the estimated population could be expected to total 10,455 persons. This does not take into account the resort/vacation component of Sunriver and the fact that many dwellings are not occupied full time. Based on information compiled by the Sunriver Owners Association, approximately 19 percent of the single family residences existing as of 1996 are occupied on a year round basis. Thus, a more accurate estimate of full time residents is 1,654 persons. If the percentage of full time residents holds relatively constant as it has in the past, the Comprehensive Plan - Sunriver -2- Page 2 - Page 2 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A" 0163-1585 population of full time residents could be expected to be 1,906 persons upon buildout of all residential lots. Upon buildout, it is expected that the population growth will become substantially stagnant since there are no plans for expanding the community boundaries at this time. C. Periodic Review In the fall of 1994, the Oregon Land Conservation and Development Commission adopted a new administrative rule, OAR 660.22, Unincorporated Communities, which required counties to update land use plans and regulations for such communities. As part of Periodic Review, the County updated the Comprehensive Plan and implementing regulations for Sunriver to comply with the rule. d. "Urban Unincorporated Community" Defined Under OAR 660, Division 22, Unincorporated Communities, Sunriver meets the definition for both an "Urban Unincorporated Community" and a "Resort Community." With the help of a stakeholder advisory committee comprised of key members of the community who represent a multitude of property owners and development interests, the decision was made to proceed with the planning process for Sunriver as an Urban Unincorporated Community. It was the consensus of the committee that the provisions allotted for Urban Unincorporated Communities under the rule offered the greatest practical degree of flexibility for future growth and development in Sunriver. Subsection OAR 660.22.010(8) defines "Urban Unincorporated Community" as; "[a]n unincorporated community which has the following characteristics: a) Includes at least 150 permanent dwelling units including manufactured homes; b) Contains a mixture of land uses, including three or more public, commercial or industrial land uses; C) Includes areas served by a community sewer system; and, d) Includes areas served by a community water system. Sunriver meets this definition because it has historically included land developed with a mixture of residential, commercial and industrial uses. Sunriver utilities operates both a community sewer and water system which are in place and serve the existing development. Sunriver is served by its own fire and police departments and also has essential services such as a school. The Comprehensive Plan designates Sunriver as an Urban Unincorporated Community and provides for future growth and development accordingly. e. Sunriver Urban Unincorporated Community Boundary Since 1977, Sunriver has included approximately 3,374 acres of land. Within this area, there are 4,700 total tax lots, including common areas. The community boundary is generally formed by the Deschutes River on the west, Spring River Road/South Century Drive on the south and the Comprehensive Plan - Sunriver -3- Page 3 - Page 3 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A" 0163 -1t5 -M ; Deschutes National Forest on the north and east. This boundary has remained unchanged since 1977. During the 1997 update, the Sunriver Urban Unincorporated Community boundary has been amended in the following way: Three hundred sixty-six acres were added to the Sunriver Urban Unincorporated Community along the east boundary to include an area that is to be used for sewage effluent storage and disposal. This area has been added per Oregon Department of Environmental Quality requirements. The effluent and storage capabilities of the existing sewage system are at or near capacity seasonally. Thus, this expansion of the community boundary was necessary to provide adequate sewage disposal services to the existing community at buildout. This area is not intended to provide additional sewer capacity to serve areas outside of the historic community boundaries. This area, currently part of the Deschutes National Forest, was changed from a plan designation of Forest to Urban Unincorporated Community - Forest. B. Land Use Planning 1. Existing Land Uses The predominant land use in Sunriver is residential, the majority of which is single family residential development. However, since Sunriver was originally developed as a planned community, a number of other uses exist which make Sunriver a community which is somewhat self-reliant. Uses which support the residential components include a commercial core which contains a variety of retail businesses developed in a pedestrian mall setting, as well as a business park. A large component of development in Sunriver includes resort related amenities such as golf courses, a lodge, convention facilities and overnight accommodations. A fire station, police station and public works facility have also been developed in support of all uses. Land bordering Sunriver on the north, east and west is zoned Forest Use (F-1) and is within the Deschutes National Forest. The National Forest land remains undeveloped and is primarily used for recreational purposes such as hiking, hunting, fishing, snowmobiling, etc. The forest lands and the recreational opportunities that they offer enhance the resort component of Sunriver. Land to the south of Sunriver includes primarily private property which is zoned Rural Residential (RR -10). The majority of the RR -10 properties include small lot (one-half to one acre parcels) subdivisions which were created prior to any zoning laws. 2. Comprehensive Plan Designations The 1997 Deschutes County Comprehensive Plan for the Sunriver Urban Unincorporated Community has eight comprehensive plan designations, shown on the comprehensive plan map attached as Map "A" at the end of this chapter and described as follows: 1) Residential District. The Residential District designation on the Comprehensive Plan Map includes the Single Family Residential and Multiple Family Residential Districts as shown Comprehensive Plan - Sunriver -4- Page 4 - Page 4 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 •' EXHIBIT "A" 0163-1581 on the Zoning Map for the Sunriver Urban Unincorporated Communtiy. This plan designation includes all properties which were previously designated for residential development under the previous Planned Community designation. No change to residential boundaries have been made. 2) Commercial District. The majority of the land designated Commercial includes the commercial core of Sunriver which is commonly referred to as the Sunriver Village Mall. An additional Commercial District is located at the north end of the community and is developed with a grocery store and gas station. The Village Mall is developed as an outdoor pedestrian mall and includes a variety of commercial uses. Many of the existing commercial uses support the tourist component of the community and residents living within the boundaries of Sunriver. This plan designation includes all areas formerly designated for commercial use. 3) Resort District. In general, the Resort plan designation includes properties which are developed with amenities such as the Sunriver Lodge and Great Hall, golf courses, the equestrian and marina facilities and the nature center. These amenities have been developed to foster the recreation and tourist component of Sunriver. For the most part, this designation includes the properties which are owned and managed by Sunriver Resort. 4) Business Park District. The Sunriver Business Park lies at the southern end of the community boundary and is physically separated from the remainder of the community by Spring River Road. This plan designation was originally created to accommodate light industrial development to support the employment needs of the community and surrounding area. Since the inception of zoning ordinance regulations for this area, development has been primarily commercial in nature rather than industrial. The zoning ordinance has been modified to reflect the existing businesses and the trend for commercial development while still allowing for industrial uses to develop. 5) Community District. The Community plan designation includes properties which are primarily developed with public service uses which support all facets of the community. Development includes the fire station, school, community center, corporation/public works facility. Properties with this designation are primarily owned and administered by the Sunriver Owners Association. 6) Airport District. The Airport plan designation includes areas which are currently developed with airport related amenities, such as runways, hangars, fueling stations and maintenance facilities. This district also includes areas surrounding the actual airport development which are considered to be in the sphere of influence of the airport and in which airport related impacts and risks are associated. Development in the airport district shall be limited with respect to heights of structures, public gathering places and other potential risks to persons or property related to airport uses. 7) Utility District. This plan designation includes properties which are currently developed with amenities such as sewage pump stations, water treatment facilities, water distribution facilities and associated utility improvements. The utility plan designation is intended to provide Comprehensive Plan - Sunriver -5- Page 5 - Page 5 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A„ 0163 1588 for the development and expansion of necessary utility facilities on properties which are already devoted to such uses. 8) Forest District. The previous boundary for Sunriver was expanded to include an area of land to the east which has historically been zoned for forest uses and is within the Deschutes National Forest. A recent decision to permit an effluent storage pond site in this area and a potential land transfer by which ownership would be transferred to the Sunriver Utilities Company prompted inclusion of this area within the community boundary. By including this area within the community boundary, future expansion of the sewage disposal system and effluent storage pond would be permitted. C. Public Facility Planning 1. Utilities Water and sewer service within the Sunriver Urban Unincorporated Community is provided by the Sunriver Utilities Company (SRUC). SRUC is under the jurisdiction of the Public Utility Commission of Oregon. The SRUC was established as a private water and wastewater company and has provided water and sewer services within the community boundary since 1969. SRUC is the largest private water/wastewater company in the State of Oregon. a. Water SRUC currently operates three main wells which are capable of pumping over 7.5 million gallons of water each day. In addition, reservoir capacity for water storage is 2 million gallons per day. This volume of water production and storage exceeds the needs of the community within the boundaries of Sunriver. As of 1997, SRUC serves a total 3603 water customers. This total includes the following types of service connections: 2630 residential; 753 condominiums; 125 commercial; and, 95 for irrigation purposes. All service connections are metered to measure the amount of water that is being used. The meter service sizes range from typical 3/4" residential lines to 6" lines for irrigation, commercial and industrial uses. b. Sewer Sunriver's wastewater facility is under the jurisdiction of the Oregon Department of Environmental Quality (DEQ). Sewage treatment facilities are capable of handling/treating 2 million gallons of wastewater per day. This includes the 1997 expansion of effluent storage ponds on a U.S. Forest Service parcel along the eastern boundary of Sunriver. The design and flow accommodations will facilitate build out of all 4,600 lots within the community. 2. Public Services a. Police Comprehensive Plan - Sunriver -6- Page 6 - Page 6 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A" 0163-15"189 Sunriver's police department is responsible for law enforcement within the boundary of the Sunriver Urban Unincorporated Community In special circumstances, at the request of the Deschutes County Sheriff, the department will assist with law enforcement outside of the community boundary. b. Fire All areas within the boundary of the Sunriver Urban Unincorporated Community, except for the Business Park, are served by the Sunirver Fire Department. The Business Park is provided with fire protection by the La Pine Rural Fire Protection District. The Sunriver Fire Department provides fire protection and ambulance service within the Sunriver community boundary, north of South Century Drive. Additionally, the department provides these same services to areas outside of the community boundary to the east, west and north. The department has a mutual agreement with the La Pine Rural Fire Protection District to provide secondary services within each others service boundaries on an as needed basis. The La Pine Rural Fire Protection District provides fire protection and ambulance service to the portion of the Sunriver community known as the Business Park. The La Pine Rural Fire Protection District has a new station located along South Century Drive approximately 1 '/2 mile south of the community boundary. C. Schools Three Rivers Elementary School, which is under the direction of the Bend -La Pine School District, is currently the sole school within the boundary of the Sunriver Urban Unincorporated Community. Three Rivers Elementary offers schooling from kindergarten through 5`h grade and has an enrollment of approximately 270 students. The school accepts pupils from both inside and outside the boundary of the Sunriver Unincorporated Community. 3. Other a. Sunriver Owners Association The Sunriver Owners Association has the day-to-day responsibility of overseeing the majority of the community operations. The association is governed by a Board of Directors and a General Manager. The services and departments operated by the Sunriver Owners Association, as well as the primary function of each, include: 1) Public Works and Fleet Services — Maintenance of roads, recreational paths and recreational amenities under the direction of the Sunriver Owners Association. 2) Design and Compliance Department — Design review for new structures, aesthetic quality of new development and compliance with development standards. Comprehensive Plan - Sunriver -7- Page 7 - Page 7 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT"A" 0163-15:90', 3) Environmental Services — Administration of fire and fuels regulations as well as any other environmental issues of the community. 4) Administration — The administrative offices oversee the day-to-day functions of each component of the association. The Sunriver Owners Association publishes a monthly newspaper distributed to members of the association and the public. D. Transportation Planning 1. Background/Existing Transportation Facilities in Sunriver The Sunriver Urban Unincorporated Community is accessed via public roadways. These include: South Century Drive and Cottonwood Road. Both of these roadways lie within public rights-of-way and are maintained by Deschutes County. South Century Drive and Cottonwood Road connect to Highway 97 which is the primary corridor for vehicular travel throughout central Oregon. South Century Drive enters Sunriver near the southern community boundary and extends to the residentially developed areas to the south and west. Cottonwood Road enters Sunriver near the northern Sunriver boundary and ends within the community. Internal roads within Sunriver, except for roads within the Business Park, are private roads which are open to the public, and are maintained by the Sunriver Owners Association. These roads are paved and are generally 20 feet in width. Roads within the Business Park are public roads which are maintained by the County. The internal roadway network was developed as part of the original design and master plan for Sunriver. The network consists of a series of internal traffic circles or roundabouts, from which spur roads lead to various areas within the community. All areas within the community boundary are currently accessed by the privately maintained roadways. A bicycle/pedestrian path system has been developed and integrated throughout the community. Aside from the recreational opportunities provided by the path system, the paths serve as an alternative to vehicular travel as they connect the residential, commercial, school and recreation areas of the community. The paths are paved, maintained in good condition by the Sunriver Owners Association and are used extensively during times of the year when weather permits. 2. Future Transportation Needs The existing privately maintained roads and bicycle/pedestrian paths adequately serve the travel needs of the residents and visitors to Sunriver. The existing roads and pathways provide access to all platted and developed areas within the community. There is no projected need for future roads to serve the anticipated development except, possibly within the Sunriver Business Park. Currently, there is only one ingress/egress point from South Century Drive to the Business Park. Future development within the Business Park may warrant an additional entrance to the Business Comprehensive Plan - Sunriver -8- Page 8 - Page 8 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A" 0163-1591 Park from South Century Drive or improvements to the existing entrance from South Century Drive in the future. South Century Drive and Cottonwood Road are both operating at levels below the vehicular capacity and at acceptable levels of service. In the area between the entrance to the Sunriver Village Mall and the Business Park, the 1996 average daily traffic figures for South Century Drive were approximately 3,380 trips per day. This figure is below the general capacity of 7,000 trips per day. Many of the vehicles traveling this roadway are passing through the community, not necessarily to Sunriver, as this road provides a direct link from Highway 97 to the surrounding rural subdivisions. Cottonwood Road, which only extends between Highway 97 and the community boundary, is not subject to the same volume of pass through traffic that occurs on South Century Drive. Thus, the traffic figures for this roadway are much lower at approximately 2,600 trips per day. Road widening improvements were completed in 1996 by the County for the segment of South Century Drive between Highway 97 and the entrance to the Sunriver Business Park. Improvements to the entrance of the Business Park itself were also completed. The improvements were done to improve the safety and longevity of the roadway. Future improvements to County roads outside of Sunriver, including the intersection of South Century Drive and Highway 97 are addressed in the County Transportation System Plan. E. Policies 1. Land Use Policies a. General Land Use Policies 1) Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. 2) County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Sunriver Urban Unincorporated Community do not adversely affect forest uses in the surrounding Forest Use Zones. 3) To protect scenic views and riparian habitat within the community, appropriate setbacks shall be required for all structures built on properties with frontage along the Deschutes River. 4) Open space and common area shall remain undeveloped except for community amenities such as bike and pedestrian paths, and parks and picnic areas. 5) Public access to the Deschutes River shall be preserved. 6) The County supports the design review standards administered by the Sunriver Owners Association. Comprehensive Plan - Sunriver -9- Page 9 - Page 9 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A" 0163-1592 b. Residential District Policies 1) Areas designated residential on the comprehensive plan map shall be developed with single family or multiple family residential housing. C. Commercial District Policies 1) Small-scale, low -impact commercial uses shall be developed in conformance with the requirements of OAR Chapter 660, Division 22. Larger, more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. 2) Development standards in the commercial district should encourage new development that is compatible with the existing pedestrian mall style of development that serves as the commercial core of the Sunriver Urban Unincorporated Community. 3) No additional land shall be designated Commercial until the next periodic review. 4) Multiple -family residences and residential units in commercial buildings shall be permitted in the commercial area for the purpose of providing housing which is adjacent to places of employment. Stand-alone multiple family residential housing units shall be permitted on a maximum of three acres of the nine acres vacant as of December, 1997 in the Village Mall commercial area. Single family residences shall not be permitted in commercial areas. 5) Replatting for residential purposes shall not be allowed in the commercial district. 6) Approval standards for conditional uses in the commercial district shall take into consideration the impact of the proposed use on the nearby residential and commercial uses and the capacity of the transportation system and public facilities and services to serve the proposed use. d. Resort District Policies 1) Areas designated resort on the comprehensive plan map shall be designated resort, resort marina, resort golf course, resort equestrian or resort nature center district on the zoning map to reflect a development pattern which is consistent with resort uses and activities. e. Business Park District Policies 1) A variety of commercial uses which support the needs of the community and surrounding rural area, and not uses solely intended to attract resort visitors, should be encouraged. Comprehensive Plan - Sunriver _10 - Page 10 - Page 10 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A" 0163-1593 2) Allow small-scale, low -impact commercial uses in conformance with the requirements of OAR Chapter 660, Division 22. Larger more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. 3) Small-scale, low -impact industrial uses should be allowed in conformance with the requirements of OAR Chapter 660, Division 22. No more intensive industrial uses shall be allowed. f. Community District Policies 1) Areas designated community on the comprehensive plan map shall be designated community general, community recreation, community limited or community neighborhood district on the zoning map to reflect a development pattern which is consistent community uses and activities. 2) Lands designated community shall be developed with uses which support all facets of community needs, be they those of year round residents or part time residents and tourists. 3) Development shall take into consideration the unique physical features of the community and be sensitive to the residential development within which the community areas are interspersed. g. Airport District Policies 1) Future development shall not result in structures or uses which, due to extreme height or attraction of birds, would pose a hazard to the operation of aircraft. 2) Future development 'should not allow uses which would result in large concentrations or gatherings of people in a single location. h. Utility District Policies 1) Lands designated utility shall allow for development of administrative offices, substations, storage/repair yards, distribution lines and similar amenities for services such as water, sewer, telephone, cable television and wireless telecommunications. i. Forest District Policies 1) Uses and development on property designated forest that are within the Sunriver Urban Unincorporated Community boundary shall be consistent with uses and development of other lands outside of the community boundary which are also designated forest on the Deschutes County comprehensive plan map. Comprehensive Plan - Sunriver - 11 - Page 11 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "A" 0163-15M 2. Public Facility Policies a. General Public Facility Planning; Policies 1) Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. 2) New uses or expansion of existing uses within the Sunriver Urban Unincorporated Community which require land use approval shall be approved only upon confirmation from the Sunriver Utility Company that water and sewer service for such uses can be provided. b. Water Facility Policies 1) Water service shall continue to be provided by the Sunriver Utilities Company. C. Sewer Facility Policies 1) Sewer service shall continue to be provided by the Sunriver Utilities Company. 3. Transportation Policies a. Transportation System Maintenance Policies 1) Privately -maintained roads within the Sunriver Urban Unincorporated Community boundary shall continue to be maintained by the Sunriver Owners Association. 2) The bicycle/pedestrian path system shall continue to be maintained by the Sunriver Owners Association. 3) The County will encourage the future expansion of bicycle/pedestrian paths within the Sunriver Urban Unincorporated Community boundary in an effort to provide an alternative to vehicular travel. 4) All public roads maintained by the County shall continue to be maintained by the County. Improvements to County maintained public roads shall occur as described the County Transportation System Plan. Comprehensive Plan - Sunriver -12- Page 12 - Page 12 of 12- EXHIBIT "A" to ORDINANCE No. 97-076 EXHIBIT "B" STAFF REPORT SUNRIVER URBAN UNINCORPORATED COMMUNITY FILE NUMBER AND ORDINANCE NUMBERS: TA -97-11 Ordinance 97-076 amending the Growth Management chapter, Rural Development section of the Deschutes County Comprehensive Plan to update and add Findings and Polices for the Sunriver Urban Unincorporated Community and also Repealing the Sunriver Master Plan adopted by Ordinance No. 82-043. Ordinance 97-077 amending the Deschutes County Comprehensive Plan map to adopt a new comprehensive plan map for the Sunriver Urban Unincorporated Community. Ordinance 97-078 amending Title 18 of the DCC, chapter 18.108, to Repeal the Planned Community Zone and adding the Sunriver Urban Unincorporated Community Zoning Districts, and amending chapter 18.04, chapter 18.116 and chapter 18.124. Ordinance 97-079 amending Title 18 of the DCC to adopt a new zoning map for the Sunriver Urban Unincorporated Community. BOARD OF COUNTY COMMISSIONERS HEARING DATE: November 26, 1997 APPLICANT: Deschutes County REQUEST: The request is to amend the Deschutes County Comprehensive Plan and implementing regulations in the County Code for the Sunriver Urban Unincorporated Community. SUMMARY: This staff report has three sections. The first section provides findings to support repealing the existing Sunriver Master Plan and to add new text specific to the Sunriver Urban Unincorporated Community, including planning policies, to the Deschutes County Comprehensive Plan. The second section provides findings to support comprehensive plan and zoning amendments required to comply with OAR chapter 660, division 22, the state administrative rule for unincorporated communities. The third section provides explanation of necessary changes to Title 18 of the County Code, the Deschutes County Zoning Ordinance, for the purpose of implementing the comprehensive plan policies, to add definitions and for consistency. Staff Report — File No. TA -97-1 . - 1 - Page 1 of 18— EXHIBIT `B" to ORDINANCE No. 97-076 EXHIBIT `B" 0163-1596 BACKGROUND: Deschutes County began the Sunriver Urban Unincorporated Community planning project by establishing a list of stakeholders within the community and holding a serires of four meetings with this group. The stakeholders committee included representatives from the community who represent groups of property owners within the community. These include: Sunriver Owners Association, Sunriver Resort Limited Partnership, Sunriver Chamber of Commerce, Sunriver Business Park Association and the Weston Investment Company. These stakeholders represent and typically have a voice in the vast majority of development that occurs within Sunriver. Thus, by meeting with the stakeholder committee, clear and direct information about the future of Sunriver and future development was able to be molded into draft Comprehensive Plan policies and Zoning Ordinance text. Also, appropriate changes to Comprehensive Plan and Zonings maps were suggested to reflect existing and future needs. Subsequent to the initial stakeholder meetings, a community workshop was held on August 13, 1997. At the workshop, the public was afforded the opportunity to ask questions and submit comments to the County staff regarding the draft Comprehensive Plan and Zoning Ordinance text and maps that had been created subsequent to the stakeholder meetings. A survey which was distributed to the participants revealed that community sentiment on the direction of future growth of the community was generally consistent. Residents of the community are typically happy with past development and submitted comments stating that they need additional services and businesses to serve their everyday needs (i.e. pharmacy, medical office, assisted living facility). About 50 people attended this informal gathering. Two weeks before the workshop, county staff direct -mailed a notice letter to all owners of all property where significant changes were expected. In addition, an advertisement with notice of the meeting was published in the local newspaper published by the Sunriver Owners Association and local radio and television stations interviewed county planning staff and ran public service announcements. County staff posted flyers announcing the meeting in visible places in the community, such as the post office, restaurants, grocery stores and other local businesses. Following the August workshop, staff compiled the results of the community survey and workshop and revised comprehensive plan policies and zoning regulations. The results of the survey and the draft Comprehensive Plan and zoning text were then presented to the Planning Commission in a workshop on September 11, 1997. The Deschutes County Planning Commission held a Public Hearing on October 9, 1997. At the public hearing the planning commissioners heard testimony on draft amendments to the Sunriver Urban Unincorporated Community comprehensive plan text, comprehensive plan map, zoning ordinance text and zoning map. Approximately 20 people attended the public hearing on this matter. Subsequent to this public hearing, the planning commission held a workshop to address issues raised at the public hearing and to make a recommendation concerning the comprehensive plan and zoning ordinance, as well as the corresponding maps, to the Board of County Commissioners (Board) for adoption. The Board held a public hearing on November 26, 1997, to take testimony on the full package of amendments to the Deschutes County Comprehensive Plan and implementing regulations for the Sunriver Urban Unincorporated Community. Staff Report —File No. TA -97-11 -2- Page 2 - Page 2 of 18 – Exhibit `B" to Ordinance No. 97-076 BACKGROUND: EXHIBIT "B" 0163-1!597 Deschutes County began the Sunriver Urban Unincorporated Community planning project by establishing a list of stakeholders within the community and holding a series of four meetings with this group. The stakeholders committee included representatives from the community who represent groups of property owners within the community. These include: Sunriver Owners Association, Sunriver Resort Limited Partnership, Sunriver Chamber of Commerce, Sunriver Business Park Association and the Weston Investment Company. These stakeholders represent and typically have a voice in the vast majority of development that occurs within Sunriver. Thus, by meeting with the stakeholder committee, clear and direct information about the future of Sunriver and future development was able to be molded into draft Comprehensive Plan policies and Zoning Ordinance text. Also, appropriate changes to Comprehensive Plan and Zonings maps were suggested to reflect existing and future needs. Subsequent to the initial stakeholder meetings, a community workshop was held on August 13, 1997. At the workshop, the public was afforded the opportunity to ask questions and submit comments to the County staff regarding the draft Comprehensive Plan and Zoning Ordinance text and maps that had been created subsequent to the stakeholder meetings. A survey distributed to the participants revealed that community sentiment on the direction of future growth of the community was generally consistent. Residents of the community are typically happy with past development and submitted comments stating that they need additional services and businesses to serve their everyday needs (i.e. pharmacy, medical office, assisted living facility). About 50 people attended this informal gathering. Two weeks before the workshop, county staff direct -mailed a notice letter to all owners of all property where significant changes were expected. In addition, an advertisement with notice of the meeting was published in the local newspaper published by the Sunriver Owners Association and local radio and television stations interviewed county planning staff and ran public service announcements. County staff posted flyers announcing the meeting in visible places in the community, such as the post office, restaurants, grocery stores and other local businesses. Following the August workshop, staff compiled the results of the community survey and workshop and revised comprehensive plan policies and zoning regulations. The results of the survey and the draft Comprehensive Plan and zoning text were then presented to the Planning Commission in a workshop on September 11, 1997. The Deschutes County Planning Commission held a Public Hearing on October 9, 1997. At the public hearing the planning commissioners heard testimony on draft amendments to the Sunriver Urban Unincorporated Community comprehensive plan text, comprehensive plan map, zoning ordinance text and zoning map. Approximately 20 people attended the public hearing on this matter. Subsequent to this public hearing, the planning commission held a workshop to address issues raised at the public hearing and to make a recommendation concerning the comprehensive plan and zoning ordinance, as well as the corresponding maps, to the Board of County Commissioners (Board) for adoption. The Board held a public hearing on November 26, 1997, to take testimony on the full package of amendments to the Deschutes County Comprehensive Plan and implementing regulations for the Sunriver Urban Unincorporated Community. Staff Report –File No. TA -97-11 -2- Page 2 - Page 2 of 18 – Exhibit "B" to Ordinance No. 97-076 EXHIBIT `B" U163-1598 SECTION 1: STAFF FINDINGS REGARDING THE SUNRIVER MASTER PLAN ADOPTED NOVEMBER 9,1982: The Sunriver Master Plan that was adopted in 1982, along with the County Zoning Ordinance, has been the guiding document for development in Sunriver. The County Comprehensive Plan does not and has not contained any text or planning policies for Sunriver since that time. Essentially, the Master Plan took the place of Comprehensive Plan text and served as the long range planning document for future development. The Master Plan contained specific provisions regarding the type and intensity of development permitted on specific properties or areas within the community. In the past fifteen years since the Sunriver Master Plan was adopted, many of the provisions of the Master Plan have been fulfilled and Sunriver is approximately 80 percent built -out at the present time. Beacause the majority of the provisions of the Master Plan have been fulfilled for specific properties, the Master Plan has been repealed through this planning process. In place of the Master Plan, policies intended to guide future development in Sunriver are recommended to be added to the comprehensive plan. The recommended comprehensive plan policies are as follows: SUNRIVER POLICIES 1. Land Use Policies a. General Land Use Policies 1) Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. 2) County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Sunriver Urban Unincorporated Community do not adversely affect forest uses in the surrounding Forest Use Zones. 3) To protect scenic views and riparian habitat within the community, appropriate setbacks shall be required for all structures built on properties with frontage along the Deschutes River. 4) Open space and common area shall remain undeveloped except for community amenities such as bike and pedestrian paths, and parks and picnic areas. 5) Public access to the Deschutes River shall be preserved. 6) The County supports the design review standards administered by the Sunriver Owners Association. b. Residential District Policies 1) Areas designated residential on the comprehensive plan map shall be developed with single family or multiple family residential housing. C. Commercial District Policies Staff Report — File No. TA -97-11 -3- Page 3 - Page 3 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT "B" 0163-1599 1) Small-scale, low -impact commercial uses shall be developed in conformance with the requirements of OAR Chapter 660, Division 22. Larger, more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. 2) Development standards in the commercial district should encourage new development that is compatible with the existing pedestrian mall style of development that serves as the commercial core of the Sunriver Urban Unincorporated Community. 3) No additional land shall be designated Commercial until the next periodic review. 4) Multiple -family residences and residential units in commercial buildings shall be permitted in the commercial area for the purpose of providing housing which is adjacent to places of employment. Single family residences shall not be permitted in commercial areas. 5) Replatting for residential purposes shall not be allowed in the commercial district. 6) Approval standards for conditional uses in the commercial district shall take into consideration the impact of the proposed use on the nearby residential and commercial uses and the capacity of the transportation system and public facilities and services to serve the proposed use. d. Resort District Policies 1) Areas designated resort on the comprehensive plan map shall be designated resort, resort marina, resort golf course, resort equestrian or resort nature center district on the zoning map to reflect a development pattern which is consistent with resort uses and activities. e. Business Park District Policies 1) A variety of commercial uses which support the needs of the community and surrounding rural area, and not uses solely intended to attract resort visitors, should be encouraged. 2) Allow small-scale, low -impact commercial uses in conformance with the requirements of OAR Chapter 660, Division 22. Larger more intense commercial uses shall be permitted if they are intended to serve the community, the surrounding rural area and the travel needs of people passing through the area. 3) Small-scale, low -impact industrial uses should be allowed in conformance with the requirements of OAR Chapter 660, Division 22. Staff Report — File No. TA -97-11 -4- Page 4 - Page 4 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT "B" 0163-1600 f. Community District Policies 1) Areas designated community on the comprehensive plan map shall be designated community general, community recreation, community limited or community neighborhood district on the zoning map to reflect a development pattern which is consistent community uses and activities. 2) Lands designated community shall be developed with uses which support all facets of community needs, be they those of year round residents or part time residents and tourists. 3) Development shall take into consideration the unique physical features of the community and be sensitive to the residential development within which the community areas are interspersed. g. Airport District Policies 1) Future development shall not result in structures or uses which, due to extreme height or attraction of birds, would pose a hazard to the operation of aircraft. 2) Future development should not allow uses which would result in large concentrations or gatherings of people in a single location. h. Utility District Policies 1) Lands designated utility shall allow for development of administrative offices, substations, storage/repair yards, distribution lines and similar amenities for services such as water, sewer, telephone, cable television and wireless telecommunications. i. Forest District Policies 1) Uses and development on property designated forest that are within the Sunriver Urban Unincorporated Community boundary shall be consistent with uses and development of other lands outside of the community boundary which are also designated forest on the Deschutes County comprehensive plan map. 2. Public Facility Policies a. General Public Facility Planning Policies 1) Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. Staff Report — File No. TA -97-11 -5- Page 5 - Page 5 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT "B" _ .0163-1601 2) New uses or expansion of existing uses within the Sunriver Urban Unincorporated Community which require land use approval shall be approved only upon confirmation from the Sunriver Utility Company that water and sewer service for such uses can be provided. b. Water Facility Policies 1) Water service shall continue to be provided by the Sunriver Utilities Company. C. Sewer Facility Policies 1) Sewer service shall continue to be provided by the Sunriver Utilities Company. 3. Transportation Policies a. Transportation System Maintenance Policies 1) Privately -maintained roads within the Sunriver Urban Unincorporated Community boundary shall continue to be maintained by the Sunriver Owners Association. 2) The bicycle/pedestrian path system shall continue to be maintained by the Sunriver Owners Association. 3) The County will encourage the future expansion of bicycle/pedestrian paths within the Sunriver Urban Unincorporated Community boundary in an effort to provide an alternative to vehicular travel. 4) All public roads maintained by the County shall continue to be maintained by the County. Improvements to County maintained public roads shall occur as described the County Transportation System Plan. Finding: Staff recommends that these policies be adopted to replace the provisions included in the Sunriver Master Plan. These policies reflect the desire of the residents of the community to allow development to continue in the manner originally prescribed in the Master Plan while allowing greater flexibility for development on properties which were severely restricted by Master Plan provisions and have remained undeveloped. SECTION 2: STAFF FINDINGS REGARDING OAR 660, DIVISION 22, UNINCORPORATED COMMUNITIES The following language in bold is quoted directly from OAR Chapter 660, Division 22, Unincorporated Communities. Staff Report —File No. TA -97-11 -6- Page 6 - Page 6 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT `B" OAR 660-22-020 0163-1602 Designation of Community Areas (1) Except as provided in OAR 660-22-070, county comprehensive plans shall designate and identify unincorporated communities in accordance with the definitions in OAR 660-22-010. Counties may amend these designations as circumstances change over time. Finding: OAR 660-22-010(8) defines "Urban Unincorporated Community" as: An unincorporated community which has the following characteristics: a) Includes at least 150 permanent dwelling units including manufactured homes. b) Contains a mixture of land uses, including three or more public, commercial or industrial land uses. C) Includes areas served by a community sewer system. d) Includes areas served by a community water system. Sunriver is a combination of residential/resort tourist oriented development. While the number of year-round residents continues to grow, Sunriver continually draws many tourists each year due to the recreational opportunities offered both within the community and nearby. Nonetheless, there are many full-time residents that call the community home. Sunriver currently has 2,575 single family dwellings. Townhomes and condominiums add another 896 residential units. In support of all components, Sunriver has public water and sewer systems, a school, church, post office, medical office, police and fire departments, and a multitude of local businesses. The Sunriver Business Park contains both industrial uses and commercial uses which, unlike the Sunriver Village Mall that primarily serves tourists, serves permanent residents of Sunriver and the surrounding community. This description meets the definition of an "Urban Unincorporated Community" contained in OAR 660-22-010(8). The Deschutes County Comprehensive Plan, zoning ordinance text and corresponding map amendments designate Sunriver as an Urban Unincorporated Community and provide for its future development accordingly. (2) Counties shall determine boundaries of unincorporated communities in order to distinguish lands within the community from adjacent exception areas, resource lands and other rural lands. Finding: The boundary of the Sunriver Urban Unincoporated Community was designated using the following map sources: 1. 1972 Deschutes County Zoning map 2. 1979 Deschutes County Comprehensive Plan and Zoning maps 3. 1982 Sunriver Master Plan map, "Sunriver Land Use District Map" 4. Deschutes County parcel base map In 1982 Deschutes County adopted an ordinance which resulted in the addition of the Planned Community Zone to the County Zoning Ordinance and approved a new Sunriver Master Plan. The Staff Report – File No. TA -97-11 -7- Page 7 - Page 7 of 18 – Exhibit `B" to Ordinance No. 97-076 0163-1603 EXHIBIT "B" Master Plan approved in 1982 defined the boundaries of the community and distinguished Sunriver from adjacent exception areas and resource lands. As a result of the Sunriver unincorporated community planning process, the Sunriver Urban Unincorporated Community boundary is different from the former boundary approved in 1982 in the following way: An area of forest land, 366 acres in size and contiguous to the eastern boundary of the community, was added to serve as an effluent disposal and storage area for the Sunriver sewer system. The effluent storage and disposal area has been added per Oregon Department of Environmental Quality requirements. The existing effluent and storage capabilities of the existing Sunriver sewage system are at or near capacity seasonally. This expansion of the community boundary was necessary to provide adequate sewage disposal services to the existing community at buildout. (3) The boundaries of unincorporated communities shall be shown on the county comprehensive plan map at a scale sufficient to determine accurately which properties are included. Only land meeting the following criteria may be included within an unincorporated community: (a) Land which has been acknowledged as an exception area and historically considered to be part of the community; (b) Land planned and zoned for farm or forest use which is contiguous to the community area and contains public uses considered to be part of the community, provided such land remains planned and zoned under Goals 3 or 4. Finding: The County Comprehensive Plan map shows the boundary of the Sunriver Urban Unincorporated Community at a scale that clearly shows individual parcel boundaries. Except for a 366 acre parcel of forest land along the eastern boundary of the community, all lands included in the boundary are previously acknowledged exception areas, historically considered to be part of the community. The contiguous forest land has been added to the community in order to provide adequate facilities for effluent storage and disposal as required by the Oregon Department of Environmental Quality. The effluent storage and disposal area is being added as part of the overall sewage disposal system that serves the entire Sunriver community. Thus, the effluent storage and disposal area is part of a public use which is part of the community. The forest land will be designated Urban Unincorporated Community - Forest District on the Zoning Map. Any use of the forest land will be subject to the provisions of Chapter 18.36, Forest F-1 Zone, of the Deschutes County Code which was the previous designation for this area. The 1997 Sunriver Urban Unincorporated Community comprehensive plan map and zoning map supersede the previous county comprehensive plan map and zoning map for this area. (4) Communities which meet the definitions in both 660-22-010(5) and (8) shall be classified and planned as either resort communities or urban unincorporated communities. Finding: Early in the planning process for Sunriver, the community was identified as meeting the definitions in both OAR 660-22-010(5) and (8). Through meetings with the stakeholder committee comprising representatives of the community, it was determined that Sunriver best met the definition of an urban unincorporated community. Additionally, when considering future development potential for Sunriver, it was believed that the provisions for an urban unincorporated community would allow greater flexibility in the design and development process. Subsequently, Staff Report — File No. TA -97-11 -8- Page 8 - Page 8 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT "B" 0163-1604 the applicable sections of the Sunriver Urban Unincorporated Community Zoning Ordinance include the provisions listed in OAR 660-22 for urban unincorporated communities. OAR 660-22-030 Planning and Zoning of Unincorporated Communities (1) For rural communities, resort communities and urban unincorporated communities, counties shall adopt individual plan and zone designations reflecting the projected use for each property (e.g., residential, commercial, industrial, public) for all land in each community. Changes in plan or zone designation shall follow the requirements of the applicable post -acknowledgment provisions of ORS 197.610 through 197.625. Finding: The 1997 Sunriver comprehensive plan map contains the following eight plan designations: 1. Residential 2. Commercial 3. Resort 4. Business Park 5. Community 6. Airport 7. Utility 8. Forest The 1997 Sunriver zoning map contains the following sixteen zoning districts: 1. Single Family Residential District 2. Multiple Family Residential District 3. Commercial District 4. Resort District 5. Resort Marina District 6. Resort Golf Course District 7. Resort Equestrian District 8. Resort Nature Center District 9. Business Park District 10. Community General District 11. Community Recreation District 12. Community Limited District 13. Community Neighborhood District 14. Airport District 15. Utility District 16. Forest District The 1997 Sunriver zoning map contains the following combining zone district: Flood Plain Combining District (2) County plans and land use regulations may authorize any residential use and density in unincorporated communities, subject to the requirements of this division. Finding: Six of the Sunriver zoning districts allow single family and/or multiple family residential uses. However, single family dwellings are only permitted in the Single Family Residential Staff Report — File No. TA -97-11 -9- Page 9 - Page 9 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT "B" District. Included among the residential uses permitted are Facility." Residential Home and Residential Facility are described as congregate care facilities. 0163-1605 "Residential Home" and "Residential specific uses which can be generally (3) County plans and land use regulations may authorize only the following new industrial uses in unincorporated communities: (a) Uses authorized under Goals 3 and 4; (b) Expansion of a use existing on the date of this rule; (c) Small-scale, low -impact uses; (d) Uses that require proximity to rural resource, as defined in OAR 660-04-022(3)(a); (e) New uses that will not exceed the capacity of water and sewer service available to the site on the effective date of this rule, or, if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; (f) New uses more intensive than those allowed under subsection (a) through (e) above, provided an analysis set forth in the comprehensive plan demonstrates, and land use regulations ensure: (A) That such uses are necessary to provide employment that does not exceed the total projected work force within the community and the surrounding rural area, (B) That such uses would not rely upon a work force served by uses within urban growth boundaries, and (C) That the determination of the work force of the community and surrounding rural area considers the total industrial and commercial employment in the community and is coordinated with employment projections for nearby urban growth boundaries. Finding: The comprehensive plan and zoning regulations permit only the following industrial uses: a) Uses authorized under Goals 3 and 4; b) Small-scale, low -impact uses; c) Uses that require proximity to a rural resource, as defined in OAR 660-04-022(3)(a); d) New uses that will not exceed the capacity of water and sewer service available to the site on the effective date of this rule, or if such services are not available to the site, the capacity of the site itself to provide water and absorb sewage; The county does not permit industrial uses in the Sunriver community that are more intensive than those allowed under OAR 660-22-030 (3)(a) to (e). (4) County plans and land use regulations may authorize only the following new commercial uses in unincorporated communities: (a) Uses authorized under Goals 3 and 4; (b) Small-scale, low impact uses; (c) Uses intended to serve the community and surrounding rural area or the travel needs of people passing through the area. Finding: The Sunriver Urban Unincorporated Community zoning ordinance permits small-scale, low -impact uses subject to site plan and/or conditional use review. Larger scale commercial uses are allowed provided the use serves the community, the surrounding rural area or the travel needs of people passing through the area. (See Exhibit "A" to Ord. 97-078, Title 18, chapter 18.108 of the DCC). (5) County plans and land use regulations may authorize hotels and motels in unincorporated communities only if served by a community sewer system and only as provided in (a) through (c) of this section: (a) Any number of new motel and hotel units may be allowed in resort communities. Staff Report — File No. TA -97-11 - 10- Page 0- Page 10 of 18 — Exhibit `B" to Ordinance No. 97-076 ' EXHIBIT °B" 0163-1606 (b) New motels and hotels up to 35 units may be allowed in an urban unincorporated community, rural service center, or rural community if the unincorporated community is at least 10 miles from the urban growth boundary of a city adjacent to Interstate Highway 5. (c) New motels and hotels up to 100 units may be allowed in any urban unincorporated community that is at least 10 miles from an urban growth boundary. Finding: The Sunriver Urban Unincorporated Community is located approximately twelve (12) road miles from the Bend urban growth boundary and across the Cascade Mountain Range from Interstate 5. The county land use regulations authorize new hotels and motels, up to 100 units. The Sunriver Urban Unincorporated Community is served by a community sewer system as defined by the Unincorporated Communities rule. (6) County plans and land use regulations shall ensure that new uses authorized within unincorporated communities do not adversely affect agricultural or forestry uses. Finding: Sunriver was originally designed and developed as a planned community. Currently, Sunriver is approximately 80 percent built -out with residential, commercial and resort uses. As is consistent with the historical land use pattern since Sunriver was first platted, there are no agricultural or forest uses occurring within the community boundary. However, the Forest District that has been added to the community boundary does permit forest activities and uses outright. This is the only district within the community boundary which permits such uses. Agricultural uses are not permitted in any district within the community boundary. Lands surrounding Sunriver are primarily residentially zoned and developed or are forest lands within the Deschutes National Forest. Forest activities have been part of the historic land use pattern on the adjoining Natinal Forest lands. There are no agricultural uses or EFU-zoned land either adjoining or near the Sunriver Urban Unincorporated Community. In Sunriver all individual properties are separated from the surrounding National Forest lands by common area of the community. The majority of the common areas along the community boundary are in excess of 50 feet in width. Also, along the entire western boundary of the community, the Deschutes River physically separates the community from forest lands. The tracks of the Bulington Northern Railroad provide a 100 foot physical separation between the community and the forest lands along the majority of the eastern property boundary. These physical attributes ensure that development within the community will not adversely affect the surrounding forest uses. (7) County plans and land use regulations shall allow only those uses which are consistent with the identified function, capacity and level of service of transportation facilities serving the community, pursuant to OAR 660-12-060(1)(a) through (c). Finding: The county land use regulations require new development proposals to include facts documenting that the function, capacity and level of service of the affected transportation facility are adequate to serve the proposed use. As appropriate, the county will require developers to improve transportation facilities to the degree whereby the new use is adequately served. The findings and policies contained in the transportation element of the Sunriver comprehensive plan and implementing regulations contained Title 18, chapter 18.108 of the DCC ensure that the function and development of public roads serving the Sunriver community are and will be adequate for permitted land uses. Staff Report — File No. TA -97-11 - 11 - Page 11 of 18 — Exhibit `B" to Ordinance No. 97-076 0153-1607 . EXHIBIT "B" (8) Zoning applied to lands within unincorporated communities shall ensure that the cumulative development: (A) Will not result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations, and (B) Will not exceed the carrying capacity of the soil or of existing water supply resources and sewer services. Finding: Water and sewer service within the Sunriver Urban Unincorporated Community boundary are provided by the Sunriver Utilities Company. The Sunriver Utilities Company is a private water and wastewater company under the jurisdiction of the Public Utility Commission of Oregon. Water and sewer services for Sunriver are addressed below. a. Water SRUC currently operates three main wells which are capable of pumping over 7.5 million gallons of water each day. In addition, reservoir capacity for water storage is 2 million gallons per day. This volume of water production and storage exceeds the needs of the community within the boundaries of Sunriver. As of 1997, SRUC serves a total 3603 water customers. This total includes the following types of service connections: 2630 residential; 753 condominiums; 125 commercial; and, 95 for irrigation purposes. All service connections are metered to measure the amount of water that is being used. The meter service sizes range from typical 3/4" residential lines to 6" lines for irrigation, commercial and industrial uses. To satisfy this criterion, a Sunriver comprehensive plan policy states the following: * Water service shall continue to be provided by the Sunriver Utilities Company. b. Sewer Sunriver's wastewater facility is under the jurisdiction of the Oregon Department of Environmental Quality (DEQ). Sewage treatment facilities are capable of handling/treating 1.5 million gallons of wastewater per day. This includes the 1997 expansion of effluent storage ponds on a U.S. Forest Service parcel along the eastern boundary of Sunriver. The design and flow accommodations will facilitate build out of all 4,600 lots within the community. To satisfy this criterion, a Sunriver comprehensive plan policy states the following: * Sewer service shall continue to be provided by the Sunriver Utilities Company. (9) County plan and land use regulations for lands within unincorporated communities shall be consistent with acknowledged metropolitan regional goals and objectives, applicable regional functional plans and regional framework plan components of metropolitan service districts. Finding: This criterion is not applicable because no metropolitan service district exists in Deschutes County. Staff Report — File No. TA -97-11 -12- Page 12 - Page 12 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT "B" 0163®1608 OAR 660 22-040 Urban Unincorporated Communities (1) Counties with qualifying communities shall adopt plans and land use regulations for urban unincorporated communities (UUC's). All statewide planning goals applicable to cities shall also apply to UUC's, except for those goals and provisions relating to urban growth boundaries and related requirements regarding the accommodation of long-term need for housing and employment growth. Finding: Through this planning process (required by OAR 660 22-000), comprehensive plan text, zoning ordinance text and corresponding comprehensive plan and zoning maps have been adopted for the Sunriver Urban Unincorporated Community. Also, the pre-existing Sunriver Master Plan has been repealed and replaced with these documents and maps. All applicable statewide goals, as prescribed by this criterion, have been accounted for through the planning process. (2) Counties may expand the boundaries of those UUC's with the following characteristics during regularly scheduled periodic review in order to include developable land to meet a demonstrated long-term need for housing and employment: (a) The UUC is at least 20 road miles from an urban growth boundary with a population over 25,000; and, (b) The UUC is at least 10 road miles from an urban growth boundary with a population of 25,000 or less. Finding: Sunriver is approximately 12 road miles from the southern boundary of the City of Bend urban growth boundary. The City of Bend urban growth boundary (includes area within Bend City Limits) has a population exceeding 25,000 (approximately 42,000). Because Sunriver is not beyond 20 miles from the closest urban growth boundary and that urban growth boundary has a population exceeding 25,000, Sunriver is not able to expand the boundaries of the community during a regularly scheduled periodic review. OAR 660-22-050 Community Public Facilities Plans (1) In coordination with the special districts, counties shall adopt public facility plans meeting the requirements of OAR 660, Division 11, and include them in the comprehensive plan for unincorporated communities over 2,500 in population. A community public facility plan addressing sewer and water is required if the unincorporated community is designated as an urban unincorporated community under OAR 660-22-010 and 660-22-020. Finding: Sunriver has a full time, year round population estimated to be 1, 654 persons. This number is significantly less than the 2,500 listed above. Thus, a public facility plan meeting the requirements of OAR 660, Division 11 is not required. However, Sunriver is an Urban Unincorporated Community under OAR 660 22-010 and 660 22-020 and is required to have a community public facility plan addressing water and sewer. (2) A community public facility plan shall include inventories, projected needs, policies and regulations for the water and sewage facilities which are existing or needed to serve the unincorporated community including: (a) An inventory of the condition and capacity of existing public facilities and services; Staff Report —File No. TA -97-11 -13- Page 13 - Page 13 of 18 — Exhibit "B" to Ordinance No. 97-076 EXHIBIT "B„ 0153-1609 Finding: The Sunriver Utilities Company (SRUC) currently operates water and sewer services according to a water supply system and sanitary sewerage facility master plan created in 1979 as part of the overall community master planning process.Updates to the water system master plan were completed in 1981 and most recently in 1995. Also, an assessment of the wastewater treatment facilities was done in 1996. The current water and sewer system master plan (including the updates and assessment) establishes the framework for water and sewer service to Sunriver. The text of the 1979 master plan and 1981 and 1995 water system updates, as well as the 1996 sewer system assessment, are incorporated by reference herein. These documents include inventories of existing connections and capacities, projected needs based on buildout and policies of the Sunriver Utilities Company for providing such services. A brief discussion of the condition and capacity of the existing water and sewer systems is addressed below as discussed in these documents. a. Water SRUC currently operates three main wells which are capable of pumping over 7.5 million gallons of water each day. In addition, reservoir capacity for water storage is 2 million gallons per day. In 1994, the water demand resulted in an average daily flow of 3.66 million gallons per day (mgd) with the peak day consumption being 4.34 mgd. At the projected buildout, the estimated water demand will be 4.83 mgd. This is approximately 52% of the volume of the total water production and storage capacity. Thus, the volume of water production and storage exceeds the needs of the community within the boundaries of Sunriver at buildout. As of 1997, SRUC serves a total 3,603 water customers. This total includes the following types of service connections: 2,630 residential; 753 condominiums; 125 commercial; and, 95 for irrigation purposes. All service connections are metered to measure the amount of water that is being used. The meter service sizes range from typical 3/4" residential lines to 6" lines for irrigation, commercial and industrial uses. b. Sewer Sunriver's wastewater facility is under the jurisdiction of the Oregon Department of Environmental Quality (DEQ). Sewage treatment facilities are capable of handling/treating 2 million gallons of wastewater per day. This includes the 1997 expansion of effluent storage ponds on a U.S. Forest Service parcel along the eastern boundary of Sunriver. There are currently 3,335 residential and 76 business connections to the sewer system. The total number of connections (residential, business and other) at buildout is estimated at 4,470. Based on the 1996 sewer system assessment, the peak day flow at buildout is expected to be 1,597,000 gallons of wastewater. Thus the design and flow accommodations will facilitate buildout of all lots within the community. (b) An assessment of the level of facilities and services needed to adequately serve the planned buildout within the community boundary; and Finding: As discussed under (a) above, both the water system and sewer system have the ability to serve the community upon buildout (based on water and sewer master plans and assessments referenced in (a) above). This includes development of resort and recreational amenities and the seasonal jump in population resulting from tourists. Staff Report — File No. TA -97-11 -14- Page 14 - Page 14 of 18 — Exhibit `B" to Ordinance No. 97-076 ' EXHIBIT "B" 0163-161© (c) Coordination agreements consistent with ORS Chapter 195. Finding: A coordination agreement between Deschutes County and the Sunriver Utiltities Company (SRUC) is not necessary. The SRUC is a private utility company that has been in operation since 1969 and is under the jurisdiction of the Public Utility Commission of Oregon. The SRUC is the largest private water/wastewater company in the State of Oregon. The water system has approval from the Oregon State Health Division which ensures that the drinking water meets their standards for potable water. The sewer system is under the direction of the Oregon Department of Environmental Quality and must meet their standards for operation of the wastewater collection and treatment facilities. Any expansion or alterations to the water and/or sewer systems, or the operation of SRUC, is subject to review by these agencies. Deschutes County has not in the past taken an active role in the operation of the water and sewer facilities. Based on the fact that the SRUC is under the jurisdiction of the aforementioned agencies, and the fact that such facilities are adequate to serve the existing and projected development, Deschutes County will continue the policy of relying upon the Public Utilities Commission of Oregon, the Oregon State Health Division and the Oregon Department of Environmental Quality to ensure that the water and sewer systems are operated properly. (3) If existing community facilities and services are not currently adequate to serve the development allowed in the plan and zoning ordinance, the community facility plan shall either: (a) Development restrictions to ensure development will not exceed the capacity of the land to absorb waste and provide potable water and will not exceed the capacity of public facilities; or, (b) A list of new facilities and improvements for existing public facilities, necessary to adequately serve the planned buildout in the unincorporated community, including the projected costs of these improvements and an identification of the provider or providers of these improvements; and, (c) A discussion of the provider's funding mechanisms and the ability of these and possibly new mechanisms to fund the development of each community public facility project; and, (d) A requirement that development not occur until necessary public facilities are available for that development. Finding: As discussed previously, the existing water and sewer facilities have the capacity to accommodate the entire Sunriver Urban Unincorporated Community at buildout. OAR 660-22-060 Coordination and Citizen Involvement (1) Counties shall ensure that residents of unincorporated communities have adequate opportunities to participate in all phases of the planning process. Counties shall provide such opportunities in accordance with their acknowledged citizen involvement programs. (2) When a county proposes to designate an unincorporated community or to amend plan provisions or land use regulations that apply to such a community, the county shall specify the following: Staff Report — File No. TA -97-11 -15- Page 15 - Page 15 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT "B" 0163-1611 (a) How residents of the community and surrounding area will be informed about the proposal; Finding: The following citizen involvement program was used for the Sunriver Urban Unincorporated Community planning project A. Citizen Involvement Program 1. Introduction The county worked with a stakeholder committee composed of members of the community who represent specific but diverse interests in the community. The committee included representatives from the Sunriver Owners Association, Sunriver Resort , Chamber of Commerce, Business Park Association and other business and community members. A series of four stakeholder meetings were held. During these meetings, draft comprehensive plan and zoning documents and corresponding maps were created. Subsequent to the stakeholder meetings, a community workshop was held in which the public was afforded the opportunity to review, ask questions and offer comment on the draft documents and maps. At the public workshop, a survey was distributed which asked specific questions related to issues raised by the stakeholder committee. All documents and maps were revised per the comments received from the public, and the results of the survey, and a public hearing was held with the Deschutes County Planning Commission in which the public at large was able to provide oral and written testimony on the draft documents and maps. Staff met with the planning commission after the conclusion of the public hearing to discuss unresolved issues and recommendations to the Board of County Commissioners. 2. Notice/Follow-up Prior to the public workshop and public hearing, notice of these meetings was published in the local newspapers. Also, a special advertisement was placed in the Sunriver Scene (the local community newspaper which is produced by the Sunriver Owners Association and mailed directly to all property owners). A letter was mailed to property owners who owned/leased commercial property and/or property within the business park since these properties were anticipated to be those which would be most affected. Lastly, a notice was posted at public gathering places throughout the community (i.e. Sunriver Lodge, post office, grocery stores, golf course, restaurants etc.). All notices, advertisements and mailings were done in advance of twenty days before each workshop and/or public hearing. Direct notice and updates of progress was also mailed to all participants who chose to be included on the project mailing list. Additional notice of the meetings followed the procedures detailed in Title 22 of the Deschutes County Code. Other than the public hearing held before the planning commission, all meetings were held in Sunriver. 3. Public Workshop/Hearing On August 13, a public workshop was held in Sunriver. Approximately 45 people attended the workshop. At this workshop the above noted issues were discussed and general comments from the public were accepted. Copies of all draft documents and maps were available for review. County Staff members and members of the stakeholder committee were present and available to answer questions. Additionally, a survey form with specific development related questions was distributed. In general, there were no new issues raised by the public at the workshop that were not already identified by the stakeholder committee. Thus, the concerns of the public were, for the most part, parallel to the consensus of the stakeholder committee. The Deschutes County Planning Commission held a public hearing on October 9, 1997, in Bend. The commissioners heard testimony on draft amendments to the comprehensive plan policies, Staff Report — File No. TA -97-11 -16- Page 16 - Page 16 of 18 — Exhibit "B" to Ordinance No. 97-076 0163-1612 " EXHIBIT "B" comprehensive plan map and on amendments to the zoning ordinance and zoning map for the Sunriver Urban Unincorporated Community. About 20 people attended the hearing on this matter. At the October 23, 1997 planning commission meeting, the unresolved issues raised at the public hearing were discussed. The planning commission addressed each issue individually and was able to make a recommendation to the Board of County Commissioners regarding the draft documents and maps. On a motion from the planning commission, these documents and the implementing ordinances were forwarded to the Board of County Commissioners (Board) for adoption. On November 26, 1997, the Board held a public hearing in Bend to take testimony on the complete package of amendments to the Sunriver comprehensive plan and implementing regulations. Prior to the public hearing, notice was published in the local newspapers and mailed to over 40 individuals who expressed an interest in this planning process. (b) How far in advance of the final decision residents of the community and the surrounding area will be informed about the proposal. Finding: The Sunriver Urban Unincorporated Community planning project satisfied the notice requirements for legislative decisions detailed in Title 22 of the DCC. (c) Which citizen advisory committees will be notified of the proposal. Finding: The county worked with a stakeholder committee composed of representatives of various groups and interests within the community (i.e. Sunriver Owners Association, Sunriver Resort, Chamber of Commerce, Business Park Association, etc.) This committee served as the citizen advisory committee. The groups represented in the committee in turn informed their constituents of the planning process and issues involved. The county also conducted a community workshop and held a public hearing with the Deschutes County Planning Commission. Staff held a work session open to the public with the planning commission before and after the public hearing (3) The information on these three points shall be included in the appropriate plan amendment proposal or periodic review work task. Finding: The information on these three points is provided above. (4) When a county proposes to designate an urban unincorporated community, the county shall adopt a citizen involvement program for that community in accordance with the provisions of Goal 1, Citizen Involvement. Finding: The citizen involvement program that was followed during this planning process was described in (2) (a -c) above. This program was in accordance with the provisions of Goal 1. (5) Proposals to designate, plan or zone unincorporated communities shall be coordinated with all special districts, metropolitan service districts and cities likely to be affected by such actions. For any unincorporated community, such coordination shall include a minimum of 45 -day mailed notice to all cities and special districts (including metropolitan service districts) located within the distance described in OAR 660-22-040(2). Finding: Special districts likely to be affected by these actions for the Sunriver Urban Unincorporated Community include: Staff Report —File No. TA -97-11 -17- Page 17 - Page 17 of 18 — Exhibit `B" to Ordinance No. 97-076 EXHIBIT "B" 1. La Pine Rural Fire Protection District; 2. Sunriver Utilities Company; and 3. Sunriver Fire Department. U1U3-1E�13 These districts were notified of this planning process from the outset and received notice of public meetings and hearings. SECTION 3: AMENDMENTS TO TITLE 18, DESCHUTES COUNTY ZONING ORDINANCE, OF THE DESCHUTES COUNTY CODE. The following Chapters of the Deschutes County Zoning Ordinance have been amended and are attached as exhibits to Ordinance No. 97-078. 1. Chapter 18.108, Sunriver Urban Unincorporated Community Zone; 2. Chapter 18.04, Definitions; 3. Chapter 18.116, Supplementary Provisions; and, 4. Chapter 18.124, Site Plan Review. Chapter 18.108 has been amended by repealing the former provisions for the Planned Community Zone in their entirety and adding new text for the Sunriver Urban Unincorporated Community Zone to implement the policies for Sunriver added to the comprehensive plan. Chapter 18.04 has been amended to add or modify definitions for uses listed in the Sunriver Urban Unincorprated Community Zone. The uses included are as follows: 1. Community center; 2. Health and fitness facility; 3. Hotel/motel unit; 4. Inn; 5. Marina; 6. Recreational path; 7. Resort facility; and, 8. Resort recreation facilities. Chapters 18.116 and 18.124 have both been amended to change references in two sections from the Planned Community -Industrial zone district to Sunriver Urban Unincorporated Community - Business Park zone district. Staff Report — File No. TA -97-11 -18- Page 18 - Page 18 of 18 — Exhibit `B" to Ordinance No. 97-076 �u