Loading...
43-931-Minutes for Meeting August 25,1982 Recorded 9/7/1982F I C E q► Oct • DESCHUTES COUNTY BOARD OF COMMISSIONERS SF P 71982 AUGUST 25, 1982 - REGULAR MEETING R. cuMARY PATTERSON G' C i~11ES COUNTY CLERIC Chairman Shepard called the meeting to order at 10:00 A.M. Commission- er Paulson and Commissioner Young were also present. Amendments to Before the Board was a Resolution appointing an Author- the Agenda ized Agent for the Deschutes County 4-H Extension Spec- ial Service District. MOTION: PAULSON moved to approve the Resolution acting as the Directors of the Extension Service District. YOUNG: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Also before the Board was an OLCC Liquor License Renewal application for North Highway 97 Tavern. MOTION: YOUNG moved to approve. PAULSON: Second. VOTE: SHEPARD: AYE. PAULSON: AYE. YOUNG: AYE. Public Hear- Chairman Shepard outlined what format the hearing would ing regarding proceed under. He stated that the Board would continue Sunriver Mas- to accept written testimony until 4:00 p.m. on Friday, ter Plan and September 3, requiring that it be received in the Board Planned Com- office by that time. He then called for comments from munity Ordin- the Planning Staff. ance George Read, Planning Department, came forward. He stated that this hearing was for the purpose of consid- ering the Sunriver Master Plan and an amendment to the County Zoning Ordinance, PL-15. He briefly outlined the background of the Master Plan preparation. He stated that this had been before the Planning Commission for public hearing and at this time the Board was consider- ing the recommendation of the Planning Commission. The Planning Commission had recommend approval with the condition that several changes be made. He then outlined these changes. At this time Chairman Shepard opened the public hearing. Dave Jaqua, attorney representing the Sunriver Home- owners Association, came forward. He submitted a letter identified as Exhibit A to the record, dated August 24, 1982. He then outlined the issues previously agreed to between the owners association and the developer. He stated that this included the revision of the commercial area located in the north end to include only a gas station and convenience store. He stated that they had also agreed upon the construction of a road from the AUGUST 25, 1982 MINUTES: PAGE 1 VOL w` IlmrjF W north end of Sunriver to connect with Century Drive on the way to Mt. Bachelor and the time frame for construc- tion, as well as an overpass over the railroad tracks. However, this road plan had not been included in the Master Plan and they feel that it should be included. He also stated that the golf courses are zoned Community Property, but they should be zoned 'R', Resort. He stated that another area of concern to the homeowners is the RM-1 zoning at the main entrance to Sunriver. The homeowners object to this development at the entrance to Sunriver because it is their feeling that it is very important to maintain aesthetics at the entrance in particular. Another concern was the area located near the Ranch Cabins and the corporation yard. They felt that the density of the proposed development was too high, and they were concerned about the resulting high traffic. He referred to a letter from Mr. Fishburn dealing with this. They were also concerned about the RS-1 area in Forest Park. It was the owners feeling that the developer had made a prior commitment to leave this area undeveloped, and they request that it remain undeveloped. With respect to the zoning ordinance, they want the 'R' district to be changed to reflect what was agreed to by the developer and the owners association. Another area of concern was the commercial zone as it relates to the mall. They feel that a bus station should be a conditional use instead of an outright per- mitted in the mall area. They also felt that with respect to residential uses in the commercial zone, a residence should be a conditional use, and not an outright permitted use when in conjunction with the operation of a commercial use. He stated that with respect to the C-1 zone there were some uses specified for the administrative area, but they did not reflect the agreements arrived at between the homeowners and the developer. In this regard he referred to Mr. Kryszak's letter of August 12. He also stated that because of the nature of the planned community, the developer should provide facilities for recreation and community safety. At such time as the developer is no longer involved in the community, those facilities should be turned over to the owners association. Next, Gary Kryszak came forward to testify. He stated that the second access (the proposed north entrance) should be included in the Master Plan. This should reflect the overpass and the railroad tracks, and stip- ulate that the road will be built at the developer's expense, and also outline the time frame for the road completion. With respect to the Lodge area, he stated that this area should be consolidated into a 'R' Resort area designated as 'R-6' in the Master Plan. He state-d that they are concerned about having commercial activity leak into the resort designated areas. He stated that AUGUST 25, 1982 MINUTES: PAGE 2 VM 41.mrE = there is also concern about the golf courses being zoned as community property, they feel that it should be zoned Resort and that the Master Plan should state that the golf courses will remain golf courses forever. There was also some discussion in regard to the issue of time shares. Mr. Kryszak stated that they would like time sharing to be a conditional use. Next, Marilyn Myers, Sunriver resident, came forward. She submitted a file labelled 'Exhibit B' to the Board and read aloud its contents. This was in regard to the development of a parcel known as "Ridgetop" in the Forest Park area. It was the desire of the persons who submitted the letter Ms. Myers read that the Ridgetop area be designated as common ground, as that had been the developer's representation to them when they pur- chased their lots in Forest Park. Next, Paul Speck, attorney representing Stan Ochs, came forward. In his view, Sunriver has been given a spec- ific exception from normal land-use laws and that any other community the size of Sunriver must adopt a comp- rehensive plan. He stated that because it is known that Sunriver is a quality development they have not been made to comply with these land-use laws and that the County Comprehensive Plan has a deficiency with respect to its definition of a Planned Community because it allows one, but does not address how it should be devel- oped. He stated that the county is now requiring that Sunriver adopt an enforceable Master Plan but that this is not really a Master Plan because it only designates existing uses and gives simple references to protecting view and providing maintenance. He stated that it does not address maintenance or landscaping or timesharing concepts and that at a minimum, Sunriver must address the same issues as a normal community would. He stated that before the Board can adopt this Master Plan they must consider that there is nothing in the comp plan which defines what a planned community is. It was his feeling that the comp plan must require some guidelines for a master plan to ensure equal protection of the laws are observed, or else the developer is free to do what- ever it desires. He also stated that the proposed master plan has no time frame element, which leaves things open. With respect to the zoning ordinance, he said that it needs a PC-Planned Community zone. He stated that the zoning ordinance itself was generally acceptable except that it attempts to regulate how the master plan should be changed, but the proper place to regulate that is in the comp plan. He noted that there is no definition of a "unit", when giving development density, they quote "units per acre", but unit is not defined. He closed by stating that the Board should consider whether or not it needs to develop goals and AUGUST 25, 1982 MINUTES: PAGE 3 guidelines with the comp plan or leave it with nothing in there addressing the planned community. They can then decide what legal parameters should apply to planned development communities. He then submitted two exhibits (labelled 1 and 2). The first was a letter to the Planning Commission from the Sunriver Mall Assoc- iation and the second was a letter to Charles Hanson from Robert Royston. Next, Levi Herman came forward to testify. He gave a history of how the master plan proceedings had come about, particularly in relation to the skating rink use. He asked about the combination of commercial and resort zoning, particularly in the area of the skating rink. He asked that there be specific clarification of what the R-Resort zone allows. Next, John Sebritz, Sunriver Airport Manager and Sunriver resident, came forward to testify. He address- ed the master plan requirements relating to airport use. With respect to item #5, he stated that routine aircraft maintenance goes on on a routine basis anyway. Rather than saying only facilities for minor maintenance should be allowed he thought it should say that only servicing of aircraft on an emergency basis inside a hangar would be allowed. He suggested that #5 be changed to read, "Facilities for repairs or maintenance should be allowed as proposed within the existing facility." With respect to #6, he stated that it was inappropriate to include restrictions on gliding, but that restrictions on para- chuting and ballooning were acceptable. It was his feeling that the restrictions on gliding had been placed as a result of a commercial gliding operation that had taken place in the past at Sunriver. This operation tied up the use of airport quite a lot of the time, which forced other users of the airport to have to circle overhead waiting until they could land. He felt that they should restrict only commercial gliding oper- ations. He felt that private parachuting or ballooning should not be done unless they receive prior approval from the Sunriver management. He stated that the weight limit restriction should be dropped entirely. He said that they currently have business and privately owned aircraft come in and out of the airport that exceed that limit. He stated that the runway itself limits what aircraft may or may not use the facility. Next, Richard Miller, resident and businessperson in Sunriver, came forward to testify. He stated that he has submitted letters to the Planning Commission in regard to the airport twice, and will submit them again. He expressed opposition to lifting these restrictions on the airport, and that there is not much difference between private and commercial glider use because of the AUGUST 25, 1982 MINUTES: PAGE 4 VOL Una 9~5 noise created by the tow plane. He stated that if they establish a repair facility in a hangar, they have in effect, set up another commercial activity. Ken Wigis, Sunriver homeowner and airport user, came forward to testify. He stated that the airport is a very important part of Sunriver and that his home happens to be right under the aircraft approach area and he has not noticed the noise very much. Next Dave Jaqua came forward. He said that it had been his understanding that the skating rink issue had been resolved and that the Sunriver Owners Association ob- jects to any commercial use in that area. Next, Bob Lovlien, attorney representing Sunriver Inc., came forward. He stated that this is the first time that Stan Ochs has let them know what his concerns are. He stated that Sunriver has been put in the position of having to develop a planned community ordinance at their own expense. They have also done a complete traffic study which was-beep submitted as part of the original plan. He stated that they had also done a plan for water and sewer, so they have addressed things like public facilities. He stated that they have also had a study done on recreational facilities that were made part of the plan. He stated that with regard to the Deer Park area, they had not made any statement that these two areas were to be left as open space. He stated that the entire lodge area is to be consolidated and designated as R-6. He stated that with respect to the entrance to Sunriver, the RM-1 area, both the Planning Commission and Planning staff have recommended that this be designated for multiple family residential, with some restrictions on density, height and setbacks. He then addressed the issue of the RM-11 area that is adjacent to Ranch Cabins and the corporation yard. He said that the developer's initial proposal was to devel- op this area at a density of 8 units per acre. At the recommendation of the Planning Staff, they reduced the density to six units per acre. They are requesting that the Board approve this as well. With respect to the RS-1 designation at Ridgetop, he stated that this had originally been proposed as multi-family dwellings but the developer has made the decision to reduce this to eight single family dwellings because they feel that this is appropriate for single family dwellings and consistent with the development already in Forest Park. He stated that this would be eight units on 2.83 acres. There is an additional area of proposed development known as RS-2. He stated that the developer had asked that this be residential, but the Planning Commission had recommended less total density. He stated that the developer cannot give up any more residential develop- AUGUST 25, 1982 MINUTES: PAGE 5 . L, Wl _W C3i'Ru m ment in the area. With respect to the C-1 commercial area, he said that they intend to include art classes as a permitted use. They accept the definition of time- sharing and urge that this be adopted as soon as possible. He said that the airport issue is also im- portant to the developer, and it is their opinion that the weight limitation is totally unacceptable. He felt that to have this limitation would have an adverse effect on the resort business. He then asked that the two most recent subdivision plats filed be made part of the record and suggested that the plan map be changed to reflect the changes in the road plan. Next, Dan Kehoe, North Shore Development, came forward. He stated that they have developed a town center land plan and are trying to develop a series of land uses based on demographics. He said that they would submit this to the staff by the end of this week. He also said that they would like some clarification on density. Next, Stan Ochs came forward to testify. He stated that he is trying to encourage the developer and the Planning Commission to have a professional planner do the plan for Sunriver so that the people who buy property can see what will be in the vacant spaces in a few years. He suggested that they hire Mr. Royston, who can make a legitimate illustrative plan with a time-line. Hearing no further comments, Chairman Shepard closed the hearing to oral testimony, and again stated that written testimony would be accepted through Friday. He then asked staff for any further comments. George Read, Planning Department, stated that there were several items brought up in regard to possible omissions on the agreement worked out between the homeowners and the developer. He said that he would research this and make sure this is corrected. He stated that with respect to the designation of the golf courses, this may have been omitted on the master plan, but the map does designate this as R-resort. He stated that the residential density for the RM zone is not defined. This housing is for the people who work in the indus- trial area. He stated that some limit should be placed upon that. AUGUST 25, 1982 MINUTES: PAGE 6 va 41- rdGE ~7 Being no further business at this time, Chairman Shepard recessed the meeting until 1:30 p.m. when the Board will meet to discuss the Post office building. DESCHUTES COUNTY BOA D F COMMISSIONERS CLAY SHEPARD, A MA C ROBERT C. PAULSO , JR., COMM ONER f ALBERT A. YOUNG wC MISSI ER /ss AUGUST 25, 1982 MINUTES: PAGE 7