2008-668-Ordinance No. 2008-013 Recorded 7/2/2008REVIEWED
L AL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS ~OQU~~68
NANCY BLANKENSHIP, COUNTY CLERK C
{l
COMMISSIONERS' JOURNAL
1111111 oil oil 07/02/2008 08;12.42 AM
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2008-668
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 23, of the
Deschutes County Code Comprehensive Plan to
Create a New Town Center Designation in the
Sunriver Urban Unincorporated Community, and
Declaring an Emergency.
*
* ORDINANCE NO. 2008-013
*
WHEREAS, on May 17, 2007, SilverStar Destinations, LLC submitted an application to amend the
Deschutes County Code ("DCC") Chapter 23.40, the Comprehensive Plan text, goals and policies for the
Sunriver Urban Unincorporated Community; and
WHEREAS, the proposed amendments would create a new Comprehensive Plan Town Center
designation and policies; and
WHEREAS, the Planning Commission held public hearings on September 27, November 8 and
December 13 and, on January 10, 2008, forwarded to the Board of County Commissioners ("Board") a
recommendation of approval with proposed conditions; and
WHEREAS, the Board considered this matter after public hearings on April 9 and April 30 and June 4
and June 25, 2008 and concluded that the public will benefit from changes to the Sunriver Comprehensive Plan;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 23.40.025, Urban Unincorporated Community - Sunriver, is
amended to read as described in Exhibit "A" attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in striket4attgl..
Section 2. FINDINGS. The Board adopts as its findings Exhibit "B", attached and incorporated by
reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2008-013 (06/30/08)
Section 5. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
4*
Dated this of , 2008
ATTEST:
URecording Secretary
Date of I st Reading:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
P
DENNIS R. LUKE, CHAIR
~~~n
3 day of , 2008.
d~
Date of 2"d Reading: ~~day of
, 2008.
Qfll~
61
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly r/
Dennis R. Luke v
Tammy (Baney) Melton L--
Effective date: ~ day of , 2008.
ATTEST:
(64'0'~
Recording Secretary
c
PAGE 2 OF 2 - ORDINANCE NO. 2008-013 (06/30/08)
TAMMY (B Y) MEL N, VICE CHAIR
23.40.025. Urban Unincorporated Community - Sunriver.
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:
1. Includes at least 150 Permanent dwelling units including manufactured homes;
2. Contains a mixture of land uses, including three or more public, commercial or industrial land uses;
3. Includes areas served by a community sewer system; and,
4. Includes areas served by a community water system.
A. Comprehensive Plan Findings and Policies - General.
1. Background.
a. Historical background.
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 H was prepared for the undeveloped portion of Sunriver. In October 1978,
the County approved the revised Sunriver Phase H 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.
PAGE 1 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
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.
In99the...._1.982..._Master. Plan was revealed by.._Ordinance _No,...._97-076._and replaced by
comprehensive plan. findings and..policies for the Sunriver Urban Unincorporated_Communi
The._Sunriver_Urban _Unincorporated Community_zoning districts were._adopted._at this time and
multi-family residential development was allowed in the Commercial District. In 2008, a new
mixed use zoning district, the Town Center District - TC was adopted for the core
commercial area of Sunriver.
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 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.
PAGE 2 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
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."
Sunriver meets the definition because it has historically included land developed with a mixture
of residential, commercial and industrial uses. Sunriver utilities operate 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 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.
PAGE 3 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
The 1997 Deschutes County Comprehensive Plan for the Sunriver Urban Unincorporated
Community has-created eight comprehensive plan designations;. In 2008,._a_-ninth_..plan _design
ation3
theTown ._Center ._District was.._added .._to_th"lan__..... The comprehensive Wan desip-nations for the
Sunriver Urban Unincorporated Commun ty,_except for the Town _Center _District that will be added
at a later... date if the. Countx....receives..._an application for.. such ....a. designation are-----shown on the
comprehensive plan map attached as Map "A" at the end of this chapter and are described as
follows:
a. Residential District. The Residential District designation on the Comprehensive Plan Map
includes the Single Family Residential and Multiple Family Residential Districts as shown on
the Zoning Map for the Sunriver Urban Unincorporated Community. 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.
b. Commercial District. The maje--ity E)f th land designated Commercial is located in two areas
of the_commpWjy. One_district _.._lies _._near the Town Center District.._....._It.._includes commercial
areas not included in the Town Center District such as the Fremont Crossing Phas..e 2 residential
deyelo_pment_ and the community church. inel des the °emmereia eere of Sttwiver- h h
- _
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 Mail is developed as an outdoor- pedestr4an mall and ineludes a Ner-iety of
eeramer,eial uses. Many ef the existing eemmer-eial uses suppeft the tetifist eeffipeneRt of t
ee nity and r-esidents living within the betindafies of Sunfiven This plan designation
c_.._.___Town .._Center District. ..__The_Town ..__Center District was..created ..._in.._an_effort ._to....preserve_and
enhance the area around the commercial .._core ._of Sunriyer, formerly_referred _45.t he Sunriver
Village Mall ,...._The obfective..._for the.. Town Center District is_to, combine a_..._mixture of
complementary land.._uses that ..may.. include retail ,..._offces~commercial..._services,... residential
housing_and_civic_uses _to create _a vital commercial core _that _will ._support the_tourist component
of the. commumty_ and residents living. within Sunriver... The._Town Center District is designed
to.._strengthen the commercial core area .._of_Sum-iver as the heart of_the_commumty,...to.improve
the community'_s economic base and to._enhance the aivearance of the area throu
desi_g_n,
ed. 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.
de. 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.
e_f. 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.
PAGE 4 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
€g. 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.
gh. 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 for the
development and expansion of necessary utility facilities on properties which are already
devoted to such uses.
lei. Forest District. The previous boundary for Sunriver was expanded by approximately 370 acres
to include an area of land to the east that has historically been zoned for forest uses and is
within the Deschutes National Forest. A recent decision by the U.S. Forest Service to permit an
effluent storage pond and effluent irrigation site on approximately 50 acres 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 to
include the application of biosolids in addition to the effluent irrigation site and storage pond
would be permitted. This will enable Sunriver to meet Oregon Department of Environmental
Quality regulations for treated wastewater storage and disposal into the future, through buildout
of properties in Sunriver. An exception to Goal 4 has not been taken because the only uses
allowed in the expansion area are uses that are permitted in the Forest zone, consistent with
Goal 4. (Ord. 98-014).
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. 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
PAGE 5 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
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 Sunriver 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 other's 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 5u' 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.
3. Environmental Services - Administration of fire and fuels regulations as well as any other
environmental issues of the community.
4. Fire and Police Services - The Sunriver Fire Department and Police Department described
above, operate under the direction of the Sunriver Owners Association.
5. 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
PAGE 6 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
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 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. Futffe immprovements to County roads outside of
Sunriver, including the intersection of South Century Drive and Highway 97 are addressed-ice were
completed. in 2007 as Dart of 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.
b. Residential District Policies.
PAGE 7 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
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 eenunefeial distr-iet should eneettr-age new development th
. ifible with the existing pedestrian mall style of development that serves as th
32. No additional land shall be designated Commercial until the next periodic review.
43. 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.
54. 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. Town Center District Policies.
1_.__...._Small.-scale, lo3y- with the
requirements of OAR._Chapter 6603 Division _22 __Larger~more.. intense commercial uses
shall._be_permitted if the are intended. to.._serve ._the communit the._surroundm rural area or
the_travel._needs of neople passing-through .the..area.
2.........._Development._standards in the town center _district .._should .._encourage._new development that
is..compatible with a_town center style of development that _serves .._as_the commercial core of
the._Sunriver Urban _Uruncoorated.. C_ommuruty_The following policies should guide
U - -
develo merit in_the_Town._Center District in Sunriver:
_.(a) Combine a mixture of land uses that may_.include retail, offces3,._commercial services
3
residential housing and civic _uses ._to.._create ._economic _and_social ._vitality_and encourage
-
pedestrian use through mixed use and_stand ._alone'resident al_buildings_.
._(b)__-Deyelop a._._commercial mixed-use area that 1s safe, c9infortable and attractive to
pedestrians...
c)..___Encourage.__efficient..._land__use..._by..._facilitating._compact3_ high-density..._development that
minimizes the amount of land that is needed for development.__
(d)...._Provide_both formal and. informal ._comgimp t .gatheringplaces....
...(e) Provide visitor accommodations and tourism, amenities appropnate.to Sunriver.
........(f)......_Provide_design flexibility to anticipate_changes_in._the_marketplace..
_._.(g) Provide access_and public places that encourage pedestrian and bicycle travel..
(h) _Provide _road aad...pedestrian connections to residential areas.
._Facilitate development._(land use_mix, dens and_design) that ..suppgq;Lpphhq.. transit
where._ap~licable.
Develop _a distinct ..__character ..._and.___qualit%_. design apropriate...._to..._ Sunriver that ._will
identify the Town._Center_as the_centemiece/focal point of the. community._.
3._.._Dev6opment_witlun the_TC District will be substantiallX_more. dense than developmgq
elsewhere.._inSunnver_This increased density will.._require changes to exi
and vegetation... in... the TC District_ to_._allow . for. screened,...._underground parking. The
requirements of the County's site plan ordinance._shall_be interpreted_to reflect- this.. fact.
de. Resort district policies.
PAGE 8 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
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. No more intensive industrial uses shall be
allowed.
€g. 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.
gh. 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.
lei. 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.
ij,. Forest district policies.
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.
Forest district property shall be used primarily for effluent storage ponds, spray irrigation of
effluent, biosolids application and ancillary facilities necessary to meet Oregon Department of
Environmental Quality sewage disposal regulations.
The development of resort, residential or non-forest commercial activities on Forest district
lands shall be prohibited unless an exception to Goal 14 is taken.
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.
PAGE 9 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
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.
(Urd. 2008-013__.§_l,_2008_Ord. 2003-027 §1, 2003; Ord. 2002-005 §1, 2002; Ord. 2000-017 §1, 2000; Ord.
98-014 §1, 1998; Ord. 97-076 §2,1997)
PAGE 10 OF 10 - EXHIBIT "A" TO ORDINANCE 2008-013 (6/30/2008)
FINDINGS RE TEXT AMENDMENT TO CREATE TOWN CENTER DISTRICT
IN THE SUNRIVER UNINCORPORATED COMMUNITY
1. NATURE OF APPLICATION
In this legislative action, the Deschutes County Board of County Commissioners has
approved an amendment to the County's comprehensive plan text and amendments to the
County's zoning code to create a new zoning district, the Town Center District. The new zoning
district is designed for use in the commercial core area of the urban unincorporated community
of Sunriver, located approximately 15 miles south of Bend off Highway 97. The property
contemplated for future application of this district, the "Property," is near the southern entrance
to Sunriver.
The general area where Town Center zoning may be applied is the south part of the area
platted as the Sunriver Country Mall and adjacent properties in the commercial core area of
Sunriver. This area is located between Abbot Drive and Beaver Drive, as depicted on the plat of
the Sunriver Country Mall. The exact location of the new zoning district will be determined by
quasi-judicial zone and plan map amendments. It is expected that a number of quasi-judicial
applications will be filed to create the new district. It is, however, intended that the Fremont
Crossing subdivisions and the community's church will retain Commercial District zoning and
that these properties will form the northern boundary of this zoning district.
The primary zoning of the Property that may be included in the Town Center District is
Commercial. The Property may also include parcels that, prior to rezoning to Town Center,
adjoin the Commercial zone that are designated Multi-Family Residential or Community
General.
II. VICINITY
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. The area also includes Crosswater, a private residential/resort
community that was recently developed in the area immediately south of Sunriver.
III. PROPOSAL DESCRIPTION
In an effort to protect and enhance the commercial core area of Sunriver, the County is
adopting a new zoning district for Sunriver known as the Town Center District. The purpose of
this new district is to strengthen the commercial core area as the heart of the community,
improving its economic base and enhancing its appearance through high quality design and
construction. The Town Center District will include a variety of residential and commercial uses
PAGE 1 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
which will complement the existing features of Sunriver and strengthen its character as a
vacation destination and resort community.
The land use actions approved by the Board have two parts. First, the County is
approving a legislative amendment to the Deschutes County Comprehensive Plan to provide for
the creation of the new Town Center District in the Sunriver Unincorporated Community.
Second, the County is adopting a legislative text amendment to the Deschutes County Code to
add the Town Center District to DCC Chapter 18.108. The new zoning district will be numbered
DCC 18.108.055. The land uses that will be allowed in the Town Center District are identified
in the Town Center District code language included with the application. The addition of a new
zoning district requires minor text changes to the existing Sections 18.108.010 and 18.108.020.
Revisions to the definitions section of Title 18, DCC 18.04.030, create definitions that explain
terms used in DCC 18.108.055. They also update the County's definition of a hotel/motel unit to
reflect current practices in the hotel and motel industry. Finally, to accommodate some of the
uses permitted in the Town Center District, amendments are made to the parking requirements of
DCC 18.116" and to site plan requirements of DCC 18.124.
IV. PROCEDURAL HISTORY
On or about May 17, 2007, SilverStar Destinations, LLC by John Goodman, Managing
Director, filed an application for approval of a legislative text amendment of the Deschutes
County Code Titles 18 and 23 and a request for a plan map amendment and zone map
amendment. SilverStar asked the County to consider legislative map amendments for an area
about 26 acres in size that includes properties owned by a number of different owners, including
SilverStar Destinations, LLC.
Deschutes County Planning Division staff decided that the text amendment application
must be reviewed and approved before consideration of the map amendments. On June 8, 2007,
Deschutes County sent notice to the Department of Land Conservation and Development that it
was considering the comprehensive plan text amendment and land use regulation amendment to
create the Town Center District. On June 21, 2007, notice of the application was sent to affected
public agencies and service providers.
Deschutes County Planning Division staff reviewed the proposed text amendments and
requested that the Applicant make changes to the ordinance. The Applicant filed revised text on
July 31, 2007 and worked to obtain approval of the changes from the Sunriver Owners
Association. It filed changes to the July 31, 2007 proposal on August 14, 2007. Deschutes
County Planning Division staff provided notice of these changes to the Department of Land
Conservation. The County staff provided a second notice of changes to the text amendment to
the Department but did not provide further notices as it was advised that notice of changes was
not needed until after adoption of the ordinance.
On September 13, 2007, the Deschutes County Planning Commission held a work session
to consider the proposed text amendments. On September 27, 2007, the Planning Commission
held a public hearing on the matter. Notice of this hearing was published in newspapers of
general circulation in Deschutes County, including The Bulletin and Sunriver Scene. The
hearing was continued twice. On or about October 2, 2007, amended text amendment language
PAGE 2 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
was filed with the County by the Applicant. The new text included changes negotiated with the
Sunriver Owners Association.
The first continued hearing was held on November 8, 2007. The second continued
hearing was held on December 13, 2007. Both continued hearings were held in Sunriver,
Oregon to make it convenient for area residents to participate. The written record remained open
until January, 3, 2008. The Planning Commission deliberated on this matter on January 10, 2008
and made a recommendation to the Board of County Commissioners that it approve the text
amendments with five conditions.
On February 7, 2008, revised application materials were filed with the County to address
issues raised through the public hearing process. On February 27, 2008, the Board of County
Commissioners held a hearing on the text amendments. Notice of this hearing was published in
newspapers of general circulation in Deschutes County, including The Bulletin and Sunriver
Scene. On April 9, 2008, April 30, 2008, June 4, 2008 and on June 25, 2008, the Board of
County Commissioners held hearings- on the proposed text amendments. The Planning
Commission was invited, by the Board of County Commissioners, to participate in the Board
hearing on June 25, 2008 to consider the changes made to the ordinance since it was reviewed by
the Planning Commission. Notice of this June 25, 2008 hearing of the Planning Commission and
County Commission was published in newspapers of general circulation in Deschutes County,
including The Bulletin and Sunriver Scene.
On May 2, 2008 and May 16, 2008 amended text language was filed with the County.
Additional refinements to the text of the ordinances were made by County staff and were made
available for public review a week prior to the June 25, 2008 hearing. At the close of the June
25, 2008 hearing, the Board of Commissioners voted to approve the amendments with the
addition of language that would require an Applicant who wishes to rezone land Town Center to
first enter into a development agreement with the Sunriver Owners Association.
IV. COMPREHENSIVE PLAN AMENDMENT
A. Applicable Approval Criteria.
Pursuant to ORS 197.610, a local government may amend its comprehensive plan if, in
doing so, it complies with the requirements in ORS 197.610 through 197.625. The amendment
must also demonstrate compliance with the applicable Statewide Planning Goals and the
administrative rules interpreting them.
B. Responses to Approval Criteria.
1. The Amendment Complies with Relevant State Statutes
ORS 197.610 through ORS 197.625 contain the procedures a local government
must follow to amend its comprehensive plan. Pursuant to ORS 197.610, in cases where the
Statewide Planning Goals apply to the proposal, at least 45 days prior to the County conducting
the first hearing on the proposal, the County must submit the proposal to the Director of the
Department of Land Conservation and Development. The County complied with this
requirement by providing notice to the Department on or about June 8, 2007. The first hearing
PAGE 3 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
on the application by an advisory body was held on September 27, 2007. The first hearing on the
text amendments by the governing body that has the authority to adopt the amendments was held
on February 27, 2008.
ORS 197.615 requires the County to submit to the Director a notice of any
amendment that the County adopts and to explain the changes made to the text amendment since
the time it was first submitted to the Department. This requirement will be met after adoption of
this ordinance. ORS 197.620 and 197.625 do not contain any requirements that serve as
approval criteria.
2. The Amendment to the Comprehensive Plan Complies with Statewide
Planning Goals
a. Statewide Planning Goals.
. . In order for a county to amend its comprehensive plan, state law requires
that it make findings of compliance with the Statewide Planning Goals and Guidelines contained
in OAR 660-015-0000. Each Statewide Planning Goal is addressed below:
(1) Goal 1: Citizen Involvement.
The purpose of Goal I is to develop a citizen involvement
program that insures the opportunity for citizens to be involved in all phases of the
planning process.
The County has a development code with procedures and
processes that insure citizens have the opportunity to be involved in all land use matters.
The application process for this proposal will follow the County's adopted process and
procedures. Notices of hearings will be posted and mailed as required and the public will
be provided opportunities to participate in public hearings.
The text amendment and State law requires a detailed land use
review process for the review of development in the Town Center District. A
comprehensive plan and zoning map amendment is needed to designate land in the
commercial core area as part of the Town Center District. Before development may
occur in the Town Center District, a conceptual site plan will be required for all land
owned by a single owner. A more detailed, standard site plan will also be required. In
some cases, a conditional use review will be required. During each review, citizens will
be able to become involved in the land use review process.
(2) Goal 2: Land Use Planning.
The purpose of Goal 2 is to establish a land use planning process
and policy framework as a basis for all decisions and actions related to use of land and
to assure an adequate factual base for such decisions and actions Goal 2 contains the
standards local governments must meet when they adopt exceptions to any of the
Statewide Goals
PAGE 4 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
The County's acknowledged Comprehensive Plan currently
complies with the requirements of Goal 2. The proposal is being made under the
procedures provided for in the current plan and its implementing ordinances. The County
reviewed the proposal, applying and using acknowledge County land use review
procedures, and determined that the amendments comply with all approval criteria. The
review process for this application has resulted in the development of a detailed factual
record that is more than adequate to allow the Board of Commissioners to make a proper
land use decision regarding the text amendment. Because the text amendments do not
seek to add land to the Sunriver Unincorporated Community, the exception criteria in
Statewide Planning Goal 2 do not apply.
(3) Goal 3: Agricultural Lands.
The purpose of Goal 3 is to preserve agricultural lands
This goal does not apply. The proposal does not include any
property designated as agricultural. The goal of preserving agricultural land will not be
adversely impacted by the proposal.
(4) Goal 4: Forest Lands.
The purpose of Goal 4 is to conserve forestlands by maintaining
the forest land base and to protect the state's forest economy by making possible
economically efficient forest practices that assure the continuous growing and
harvesting of forest tree species as the leading use on forest land consistent with sound
management of soil, air, water, and fish and wildlife resources and to provide for
recreational opportunities and agriculture.
This goal does not apply. The proposal does not include any
property designated as forest land. The goal of preserving forest land will not be
adversely impacted by the proposal as the property is surrounded by other land that is
included in the Sunriver UUC and the uses allowed by the new zone are essentially the
same uses currently allowed in the area.
(5) Goal 5: Natural Resources, Scenic and Historic Areas,
and Open Spaces.
The purpose of Goal 5 is to protect natural resources and
conserve scenic and historic areas and open spaces.
This goal does not apply. The County's Comprehensive Plan
identifies the Property as being part of an urban unincorporated community. It does not
include a designated natural resource, scenic or historic areas or open space for Goal 5
protection.
PAGE 5 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
(6) Goal 6: Air, Water and Land Resource Quality.
The purpose of Goal 6 is to maintain and improve the quality of
the air, water and land resources of the state.
The requirement of this goal is that any waste and process
discharges from future development, when combined with existing development, shall
not exceed the carrying capacity of air, water and land resources. The proposal will
result in a different zone being applied to the Property but the types of uses that will be
developed under the new zone will be essentially the same uses currently developed or
allowed in the existing Commercial District. Currently the uses on the Property are
primarily commercial.
There is a limited amount of existing, high-density residential
development in the area where Town Center zoning might be applied. The current
Commercial zone allows the development of multi-family housing above commercial
establishments and, without restriction, on a specified area of the Commercial District.
The Town Center zoning allows taller buildings than permitted in the Commercial
District and will expand the areas where multi-family dwellings can be constructed on the
ground floor, as well as above commercial uses. By providing more residences in the
commercial core near commercial businesses, the County will encourage Town Center
residents to walk to commercial establishments rather than use their automobile. This
will support the aim of Goal 6 to maintain and improve the quality of the air. This mixed
use will also protect water quality by reducing the emission of pollutants into the
atmosphere. Those airborne pollutants end up in rainwater in Sunriver and in the nearby
Deschutes River.
The existing uses on the Property are served by a community water
system and waste treatment facility. Uses allowed under the proposal will add residential
components to commercial uses. Service providers, including Midstate Electric
Cooperative, Qwest and Cascade Natural Gas have indicated that they have the ability to
serve more intense development. The private water and sewer system utilities have the
ability to serve new development but will look to the property owners in the Town Center
District to pay for a part of the costs of expanding their facilities to serve new
development. This issue will be addressed and resolved during the land use review
process that will follow approval of the text amendment. That review process will insure
that the proposal will not result in development that will exceed the carrying capacity of
the land.
(7) Goal 7: Areas Subject to Natural Disasters and
Hazards.
The purpose of Goal 7 is to protect people and property from
natural hazards.
The site contains no Goal 7-identified natural hazards and is not
within any 100-year flood plain.
PAGE 6 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
The adoption of the Town Center District will not materially alter
the danger presented by wildfire. The amendment will allow for the construction of taller
buildings but the County's codes impose requirements to limit risks of harm caused by
wildfire. The Town Center zone imposes a limit on the density of residential
development in the Town Center District. The existing Commercial District and the State
UUC law do not impose limits on the density of residential development. Additionally,
the County's building codes and fire code regulations require fire hydrants and sprinklers
to protect the buildings in the Town Center District. The County code also requires 15%
landscaping and roads and hard surfaces in the District will help slow the spread of fire.
The main point of access to the Town Center is the southern entrance to Sunriver. That
location is nearby. The entrance has recently been improved by the installation of a
roundabout. Access to Highway 97 has been made safer by the installation of an
interchange to replace an at-grade intersection. Two other routes allow for emergency
egress. These routes lead to the north entrance to Sunriver. They will be available for
use by new residents of the Town Center in the event of a fire or other natural emergency.
Sunriver, also, is prepared to handle the risks presented by
wildfire. In 2005, the Sunriver Owners Association, Sunriver Service District Fire
Department, Oregon Department of Forestry, US Forest Service, Deschutes County and
Central Oregon Fire Management completed a Community Fire Plan. This plan is a
comprehensive plan that outlines area fuel thinning priorities for consideration by federal
land managers. The plan includes the Sunriver Ladder Fuels Reduction Plan. According
to information published by Deschutes County, the plan meets or exceeds the intent of
the Oregon Forestland-Urban Interface Fire Protection Act of 1997 and the Uniform Fire
Code.
(8) Goal 8: Recreational Needs.
The purpose of Goal 8 is to satisfy the recreational needs of the
citizens of the state and visitors and, where appropriate, to provide for the siting of
necessary recreational facilities including destination resorts
This unincorporated community of Sunriver exists, in large part, to
provide varied recreational activities to residents and visitors. The Town Center District
allows many recreational uses. Sunriver and its surrounding areas provide an abundance
of opportunities to hike, bike, golf, fish, swim, play tennis, picnic, canoe, boat, raft and
countless other recreational activities. The proposal will not result in an excessive
demand for activities that would create the need for more facilities. The proposal will
enhance the opportunity for people to use the existing facilities while providing revenue
to fund improvements and enhancements to those facilities. Each new residential unit
will be assessed homeowner fees by the Sunriver Owners Association (SROA) that will
be used, in part, to improve recreational facilities on Sunriver's numerous open space and
community parks and properties. SROA is currently studying the recreational needs of
the community and will be developing and implementing a plan to upgrade its
recreational facilities to meet resident and visitor needs.
PAGE 7 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
Private companies also assist to meet the need for recreational
activities. A group of property management companies recently developed Mavericks, a
multi-sport, water-oriented recreational facility, in the north part of Sunriver. The Town
Center District allows the development of new recreational uses in the District. The
District also requires developers to provide outdoor recreational areas in the District for
residents. The Town Center District requires the protection of open areas that can be used
for recreation. in a number of ways. It imposes a requirement for outdoor recreation space
based on the number of multi-family dwellings in the District. It allows outdoor spaces
to be developed with bicycle paths, play areas, water features, ice rinks, pools and other
similar amenities. A playground for children must be provided in the District. The Town
Center District imposes a limit on the floor area of new buildings and a zone coverage
requirement to encourage property owners to provide open areas in the District. Zoning
rules allow these areas to be used for recreational uses.
(9) Goal 9: Economic Development.
The purpose of Goal 9 is to provide adequate opportunities
throughout the state for a variety of economic activities vital to the health, welfare, and
prosperity of Oregon's citizens.
The application of Town Center zoning to the commercial core
area of Sunriver will help revitalize and enhance the core area by encouraging
redevelopment of the commercial area. By adding residential and mixed use
development, the proposal will bring persons to the core commercial area on a more
constant basis promoting the commercial uses that exist. It will also encourage new
commercial uses to locate in the core commercial area and the new residents will help
sustain existing businesses that remain in the core area.
(10) Goal 10: Housing.
citizens of the state.
The purpose of Goal 10 is to provide for the housing needs of
Sunriver was not developed to meet any specific housing needs in
the County, but as a recreational development. Sunriver contains a mix of full-time
residents, people who own vacation homes that they use periodically and visitors who
rent accommodations. The proposal will not negatively impact the County's ability to
provide adequate housing as it will allow the property owners to add residential units to
Sunriver.
(11) Goal 11: Public Facilities and Services.
The purpose of Goal 11 is to plan and develop a timely, orderly
and efficient arrangement of public facilities and services to serve as a framework for
urban and rural development.
All needed public facilities and services have been planned and are
in place in Sunriver. Most of the Sunriver community has been developed. The water,
PAGE 8 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
sewer and storm water facilities within Sunriver are privately owned and operated.
These facilities have been operated and expanded efficiently for decades. When growth
has occurred in Sunriver, these facilities have been expanded to meet development needs.
The Sunriver sewer system has been expanded to serve land outside of Sunriver, as well
as land in Sunriver. The County and service providers also have the legal ability to
impose exactions upon development approvals to assure that public facilities and services
needed for new development in Town Center District will be adequate. Thus, the
proposal will not create an excessive demand on those public facilities.
The streets within Sunriver are private. Thus, the proposal will not
result in excessive demand on public streets within Sunriver. The impact of the proposal
on public transportation facilities outside of Sunriver is addressed below.
(12) Goal 12: Transportation.
The purpose of Goal 12 is to provide and encourage a safe,
convenient and economic transportation system.
The purpose of Goal 12 is to provide and encourage a safe,
convenient and economic transportation system. Goal 12 is implemented throughout the
Transportation Planning Rule set out in OAR 660-12-0060.
Transportation Planning Rule
OAR Section 660-12-0060 of the Transportation Planning Rule ("TPR") sets forth the
relevant criteria for evaluating plan and land use regulation amendments.
Plan and Land Use Regulation Amendments
(1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or
a land use regulation would significantly affect an existing or planned transportation
facility, the local government shall put in place measures as provided in section (2) of
this rule to assure that allowed land uses are consistent with the identified function,
capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.)
of the facility. A plan or land use regulation amendment significantly affects a
transportation facility if it would:
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan);
The text amendments do not seek to change the functional classification of any
transportation facility in the vicinity of the site.
(b) Change standards implementing a junctional classification system; or
The text amendments will not change standards implementing a functional classification
system.
PAGE 9 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
(c) As measured at the end of the planning period identified in the adopted transportation
system plan:
(A) Allow land uses or levels of development that would result in types or levels of
travel or access that are inconsistent with the functional classification of an existing or
planned transportation facility;
(B) Reduce the performance of an existing or planned transportation facility
below the minimum acceptable performance standard identified in the TSP or
comprehensive plan; or
(C) Worsen the performance of an existing or planned transportation facility that
is otherwise projected to perform below the minimum acceptable performance standard
identified in the TSP or comprehensive plan.
The text amendments, if approved, will not apply to any land until a subsequent land use
review process is completed. Until that time, it is unknown if some, all or none of the
core commercial area that may be suited for inclusion in the Town Center District will be
rezoned and redesignated for Town Center development. As a result, the appropriate
time to apply this part of the rule is when the new text is applied to land. Until that time,
it is not possible for any Town Center District development to occur. As a result, none of
the actions that would violate these standards will be caused by adoption of the text
amendments.
Transportation system improvements may be needed if the Town Center District is
applied to all land in the Sunriver Village area. The Applicant prepared and the County
Board of Commissioners considered a traffic impact analysis prepared by professional
traffic engineering firm Kittelson & Associates that shows that it feasible to rezone over
26 acres of land for Town Center zoning and to meet the requirements of OAR 660-012-
0060. County staff has agreed that the TPR requirements will be addressed at the time
the Town Center zone is applied to the subject property.
(13) Goal 13: Energy Conservation.
The purpose of Goal 13 is to conserve energy.
The County's building code specifies the requirements for
buildings as it relates to energy conservation. The proposal will result in development
that must still comply with County building codes and thus, will be consistent with this
goal.
The Town Center District will support the purpose of Goal 13 to
conserve energy by allowing for compact urban development with a mix of uses in one
attractive and vibrant location. By allowing a compatible mix of uses in one location, the
County will be encouraging development that will reduce the number and length of motor
vehicle trips. This will help conserve energy. Additionally, the District restricts
residential development to multi-family residences. Such residences are, as a general
PAGE 10 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
rule, more energy efficient than single-family residences due to their shared walls and
smaller size.
(14) Goal 14: Urbanization.
The purpose of Goal 14 is to provide for an orderly and efficient
transition from rural to urban land use, to accommodate urban population and urban
employment inside urban growth boundaries, to ensure efficient use of land, and to
provide for livable communities.
The policy behind this goal is to provide for an orderly and
efficient transition from rural to urban land use and to accommodate urban population
and urban employment inside urban growth boundaries, to ensure efficient use of land
and to provide for livable communities. The amendment will not result in the use of rural
lands for urban uses. Sunriver is an existing urban unincorporated community that
already contains urban uses. The proposal will promote more desirable urban uses and a
wider variety of those uses. The proposal will allow for slightly more dense development
that will promote the efficient use of the existing commercial core in Sunriver and
enhance the commercial area.
(15) Goal 15: Willamette River Greenway.
The purpose of Goal 15 is to protect, conserve, enhance and
maintain the natural, scenic, historical, agricultural, economic and recreational
qualities of lands along the Willamette River as the Willamette River Greenway.
Goal 15 does not apply to this application because the Property
does not lie within the geographic area addressed in this Goal.
(16) Goal 16: Estuarine Resources.
The purpose of Goal 16 is to recognize and protect the unique
environmental, economic, and social values of each estuary and associated wetlands;
and
To protect, maintain, where appropriate develop, and where
appropriate restore the long-term environmental, economic, and social values, diversity
and benefits of Oregon's estuaries
Goal 16 does not apply to this application because the Property
does not lie within the geographic area addressed in this Goal.
(17) Goal 17: Coastal Shorelands.
The purpose of Goal 17 is to conserve, protect, where
appropriate, develop and where appropriate restore the resources and benefits of all
coastal Shorelands, recognizing their value for protection and maintenance of water
quality, fish and wildlife habitat, water-dependent uses, economic resources and
PAGE 11 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
recreation and aesthetics. The management of these shoreland areas shall be
compatible with the characteristics of the adjacent coastal waters, and
To reduce the hazard to human life and property, and the
adverse effects upon water quality and fish and wildlife habitat resulting form the use
and enjoyment of Oregon's coastal shorelands.
Goal 17 is not applicable to this application because the Property
does not lie within the geographic area addressed in this Goal.
(18) Goal 18: Beaches and Dunes.
The purpose of Goal 18 is to conserve, protect, where appropriate
develop, and where appropriate restore the resources and benefits of coastal beach and
dune areas, and
To reduce the hazard to human life and property from natural or
man-induced actions associated with these areas
Goal 18 is not applicable to this application because the Property
does not lie within the geographic area addressed in this Goal.
(19) Goal 19: Ocean Resources.
The purpose of Goal 19 is to conserve marine resources and
ecological functions for the purpose of providing long-term ecological, economic, and
social value and benefits to future generations.
Goal 19 is not applicable to this application because the Property
does not lie within the geographic area addressed in this Goal.
b. Oregon Administrative Rules.
(1) OAR Chapter 660, Division 12-Transportation.
The requirements of OAR 660-012 have been addressed in the
discussion of Goal 12, above.
(2) OAR Chapter 660, Division 18-Plan Amendment and
Land Use Regulation Amendment Rule.
OAR Chapter 660, Division 18 implements ORS 197.610 through
197.625. The section provides procedures to be used to review of plan amendments and
changes to land use regulations. It does not establish mandatory approval criteria.
PAGE 12 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
(3) OAR Chapter 660, Division 22-Unincorporated
Communities.
The substantive requirements in Division 22 are located in 660-
022-0030, Planning and Zoning of Unincorporated Communities. An amendment to the
County's comprehensive plan must be consistent with the applicable provisions of that
section cited below.
The current Commercial District in Sunriver allows the
development of residential units in a nine-acre part of the Commercial District. It also
allows residences to be built in mixed use buildings, above commercial uses. The Town
Center zone will continue to allow residential development in the Town Center. It will,
however, allow additional residential development in locations other than specified by the
Commercial District. More residences may be constructed in mixed use buildings due to
the increase in building heights and a relaxation of the ground floor commercial use
requirement.
The current Commercial District in Sunriver allows large scale
buildings to be constructed in Commercial District. The Town Center District will also
allow large scale buildings when the development meets the requirements of the State
administrative rule. The restrictions of the administrative rule are incorporated into the
County's Town Center District, as they were for the Commercial District.
(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 to the applicable post-acknowledgement provisions of ORS 197.610
through 197.625.
Sunriver is an urban unincorporated community. The County has
adopted a comprehensive plan section for Sunriver and an individual zoning code section.
The current proposal to amend those sections of the law is being processed using the
process outlined in ORS 197.610 through ORS 197.625.
(2) County plans and land use regulations may authorize any
residential use and density in unincorporated communities, subject to the requirements of
this division.
This part of the Statewide Goal rules for urban unincorporated
communities makes it clear that any density and any type of residential use is allowed in
the Sunriver urban unincorporated community. The Town Center District does not
impose a specific limit on the density of development in the new district. Density is,
however, indirectly regulated by the following requirements of the District: (a) floor area
ratio of 1:1; (b) traffic analysis requirements; (c) building height limits; (d) zone coverage
requirements; (e) setbacks, including a large solar setback from the north boundary; and
(f) requirements to provide outdoor recreational areas. As no residential density or use
PAGE 13 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
limits are required, the Town Center District complies with this part of the administrative
rule.
(3) County plans and land use regulations may authorize only
the following new or expanded industrial uses in unincorporated communities: * * *
The proposal does not include any industrial uses. Therefore, this
criterion does not apply.
(4) County plans and land use regulations may authorized 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.
The comprehensive plan text amendment expressly provides that
commercial uses that can be permitted in the Town Center District are limited to small-
scale, low impact uses or large scale uses that will serve the community and surrounding
rural area or the travel needs of people passing through the area. The text incorporates
these requirements in the list of uses allowed in the Town Center District. Before a use
other than a small-scale, low impact use can be allowed, the County Planning Director or
Hearings Officer must find that the use will serve the community and surrounding rural
area or the travel needs of people passing through the area. This is the same basic
approach used by the County to assure that other commercial uses in the Commercial
District and Sunriver Business Park District comply with the State administrative rule.
This approach was acknowledged by the State when the County adopted its UUC zoning
districts.
Most of the commercial uses allowed in the Town Center District
are already allowed in the Commercial District. Many of the allowed uses have been
established in the Sunriver Mall area. The existing uses are not subject to review for
compliance with this rule as they are not "new uses."
The plan and zoning text amendment is written to require that all
new commercial uses fit into one of the three categories listed in the administrative rule,
above. No Goal 3 or Goal 4 uses are planned for the Town Center District. The Town
Center District allows commercial uses but limits commercial uses to small-scale, low
impact uses unless it is demonstrated that the use proposed is intended to serve the
community and surrounding rural area or the travel needs of people passing through the
area. This is similar to the approach used in the existing Commercial District. The Town
Center District, 18.108.055 imposes the following requirement on commercial and
commercial recreational uses to assure compliance with this part of the administrative
rule:
PAGE 14 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
C. Special Requirements for Large Scale Uses. Any of the uses listed in DCC
18.108.055(A)(5) or (A)(7) may be allowed in a building or buildings each exceeding
8, 000 square feet offloor space if the Planning Director or Hearings Body finds:
1. That the intended customers for the proposed use will come from the Sunriver
community and surrounding rural area. The surrounding rural area is the area
identified as all property within five miles of the boundary of the Sunriver Urban
Unincorporated Community; and/or
2. The use will meet the needs of the people passing through the area.
This text requires a review of new commercial uses to assure that the uses will meet the
requirements of this code before they may be established in a building that is larger than
8,000 square feet. For instance, the community's grocery store is planning to occupy a
new building in the Town Center. It requires a building that is larger than 8,000 square
feet. It is a use that meets the needs of the Sunriver community and surrounding rural
area as it supplies groceries to Sunriver area residents. The County's Planning Director
or Hearings Officer will, however, be required to make this determination during review
of the Conceptual Site Plan and Site Plan for the grocery store. That will assure
compliance with this part of the administrative rule.
(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 subsections (a) through (c) of this section: * * *
(c) New motels and hotels up to 100 units may be
allowed in any urban unincorporated community that is at lest 10 miles from any
urban growth boundary.
The amendment to the comprehensive plan will allow for the
creation of a Town Center District. Hotels with up to 100 units will be allowed in that
zone. The County's acknowledged plan states that Sunriver is 12 miles from the closest
urban growth boundary (Bend); therefore, hotels permitted by the proposal will be
consistent with this section.
Hotel units are not commercial uses for purposes of this
administrative rule. Instead, they are authorized and regulated separately from
commercial uses. Hotel units do, however, meet the needs of people passing through
the area. These persons need overnight accommodations. Highway 97 is nearby. It is
used for long-distance, overnight travel. In this setting it is clear that hotels meet the
needs of travelers.
(6) County plans and land use regulations shall ensure that
new or expanded uses authorized within unincorporated communities do not adversely
affect agricultural or forestry uses.
The text amendment creates a Town Center District. This District
is designed for use in the commercial core of Sunriver. This area is isolated from any
agricultural and forestry uses. The existing use does not adversely affect either use. The
creation of a Town Center District in this area will contain to allow similar commercial
PAGE 15 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
and residential uses that will, likewise, not adversely affect any agricultural or forestry
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 DAR 660-012-0060(1)(a)
through (c).
Prior to the application of Town Center District zoning to land in
Sunriver, property owners will be required to demonstrate compliance with OAR 660-
012-0060. This will guarantee compliance with this approval criterion.
If the Town Center District is applied to all property that might be
suited for inclusion in the district, mitigation measures may be required to assure that
some transportation facilities continue to function at acceptable levels. The Applicant
submitted a traffic study with the text amendment. The study was developed with the
assistance of County and ODOT staff. The study identified potential mitigation such as
the signalization of the ramps at South Century and Highway 97. Appropriate mitigation
requirements will be determined during review of the zone change and plan map
amendment application.
(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
The Town Center District will allow commercial and
residential development of the type currently allowed in the Commercial District.
The intensity of these uses may increase after the District is applied to land in the
commercial core. None of the allowed development would pose a public health
hazard or adverse environmental impact as development will be served by
established water and sewer service providers and stormwater will be managed in
compliance with Department of Environmental Quality regulations. None of the
permitted uses will emit hazardous material into the air or water and thus, will not
violate any state or federal water quality regulations.
(b) Will not exceed the carrying capacity of the soil or
of existing water supply resources and sewer services.
The approval of the proposal will create a new zoning
district that may be applied to some or all of the Property. The types of uses that
will be allowed under the new zone will be comparable to the uses currently
developed. Currently the uses on the property are commercial and residential
uses. The new zoning district will not allow the development to exceed the
carrying capacity of the soil. The County code limits the amount of land that may
be covered with buildings, limits the floor area of buildings and requires site
PAGE 16 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
planning that will address stormwater disposal and utility needs of new
development.
The Property is served by a community water system and
wastewater treatment facility. The new zoning district will allow taller buildings
in the Town Center District than allowed in the Commercial District. As a result,
more intense development may occur. The Town Center District requires land
owners to obtain Conceptual Site Plan approval for all land a person owns in the
Town Center District prior to development. In the case of the SilverStar
Destinations, LLC property, the Conceptual Site Plan requirement will allow the
community and County to consider all infrastructure needs of planned
redevelopment of all seventeen acres, including the Sunriver Mall property. If
and when other owners rezone their property and seek to develop, they will also
be required to obtain Conceptual Site Plan review.
Sunriver Water, LLC and Sunriver Environmental, LLC
serve the area where Town Center zoning may be applied. The area includes the
Sunriver Mall, numerous commercial establishments and a multi-family housing
development. The existing water and sewer systems can continue to serve this
level of development and an increase in the intensity and density of development.
When a Town Center District owner seeks development approvals, he will be
required to show that the sewer and water systems can serve the intensity and
density of development proposed. Otherwise, the developer will be required to
limit development to a level that can be supported by the utility providers unless
system upgrades are provided.
(9) County plans 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.
The changes to the comprehensive plan will not cause the current
comprehensive plan to become inconsistent with regional functional plans. The only
such plans are highway plans for the area that have been discussed in findings of
compliance with Goal 12. The amendment will allow for an additional zoning district,
the Town Center District. The District will contain uses that are the same or similar to
the uses already allowed in the existing Commercial District and elsewhere in Sunriver.
(10) For purposes of subsection (b) of section (4) of this rule, a
small-scale, low impact commercial use is one which takes place in an urban
unincorporated community in a building or building not exceeding 8,000 square feet of
floor space, or in any other type of unincorporated community in a building or buildings
not exceeding 4, 000 square feet of floor space.
The text for the Town Center District incorporates the standard set
forth above.
PAGE 17 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
(11) For purposes of subsection (c) of section (3) of this rule, a
small-scale, low impact industrial use is one which takes place in an urban
unincorporated community in a building or buildings not exceeding 60, 000 square feet of
floor space, or in any other type of unincorporated community in a building or buildings
not exceeding 40, 000 square feet of floor space.
The Town Center District does not allow industrial uses.
V. DEVELOPMENT CODE TEXT AMENDMENT
A. Applicable Approval Criteria.
The County is amending three chapters in the Deschutes County Code ("DCC"). First, it
is amending DCC 18.108 to create a new zoning district for the Sunriver Unincorporated
Community. The new district will be the "Town Center District." The District will be Section
18.108.055 of Title 18 of the Deschutes County Code. As described before, the Town Center
District is designed to revitalize the commercial core of Sunriver. The text for the Town Center
District will permit a mix of residential, commercial, recreational and governmental uses that
will serve the needs of the Sunriver residents and visitors. The District will permit development
that is more concentrated and intense than the existing uses but are necessary to create the
vibrant feel and in-District resident customer base needed to revitalize the area.
The creation of the Town Center District requires limited amendments to other sections
within Chapter 18.108. Section 18.108.010, the purpose statement, must be amended to reflect
17 zoning districts rather than 16. Section 18.108.020(A) is being amended to add the Town
Center District as one of the districts subject to the approvals set forth in that section. The solar
setback requirements of Section 18.108.020(B) are being amended. Solar setback requirements
will not apply to protect land located inside the Town Center District or in the adjacent
Commercial District lands located to the south of Fremont Crossing. They will, however, protect
all other lands located outside of the Town Center District, including Fremont Crossing and area
properties zoned for residential or resort uses. The tall buildings and urban form desired for the
commercial center needed to create a vibrant town center atmosphere cannot be accomplished if
the solar setbacks apply to interior lot lines.
Second, the County is adopting new parking requirements for the Town Center District in
a new code section, DCC 18.116.036. This new section will allow a slight reduction in the
number of parking spaces required within the Town Center District. The new parking
requirements have been designed to match the needs of a mixed-use resort town center and to
impose additional parking requirements for residences that contain lock-off areas. It will also
allow property owners to seek a reduction in required parking by proposing and obtaining
County approval of transportation demand system management measures.
Third, the County is adopting minor changes to DCC 18.124.070 to eliminate conflicts
with the text of the Town Center District. Specifically, development within the Town Center
District will not have to meet the requirement of outdoor private space or shared outdoor
recreation space in the same way as required by the current code. Rather, the District will
require developers to provide district-wide recreational space for use by new residents. This
PAGE 18 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
requirement is intended to encourage developers to create vibrant and attractive public plazas
and play areas intermixed with commercial establishments. Also, commercial buildings within
the Town Center District will not be subject to DCC 18.124.070 D that requires buildings to be
located on the front lot line because the District requires a 10-foot front yard setback.
Fourth, the text amendments will amend DCC 18.04.030, the definitions section of the
County zoning ordinance to update the definition of a hotel/motel unit to include suites. The
amendment will create new definitions for uses allowed in the Town Center District. These
include definitions for a live/work residence, townhome, lock-off area, below-grade parking
garage and mixed use structure.
No density limit is required by the State's urban unincorporated communities rules.
Currently, no density limit applies to the Sunriver Commercial District. At present, the
residential density of the Commercial District is constrained by the height limits of the
Commercial District, by the requirement that commercial units, other than the Fremont Crossing
area residential units, be constructed above commercial development and other on-site
requirements of the County code. The Town Center District will use a similar approach but will
add new limits on development that will constrain the density of development allowed in the
district. The County is adopting a floor area ratio, height limit, setbacks, vehicle trip limit based
on a case-by-case traffic study and a zone coverage requirement that limits the mass and
intensity of development. The floor area ratio, height limits, setbacks and zone coverage
requirements will prevent buildings from becoming too massive and from overwhelming the
recreational and public use areas of the District. The traffic study and trip limit requirements
will limit the intensity of uses based on the number of vehicle trips the area street network can
accommodate.
Special regulations were developed for residences that contain lock-off areas. The
Sunriver Owners Association, is concerned that dwelling units with lock-off areas could have a
greater impact on the community than units that do not have lock-off areas because lock-off
areas may be rented separately from the rest of the residence. To address this concern, additional
parking must be provided for dwellings that have lock-off areas. Additionally, the County has
required that property owners provide a minimum amount of commercial space in the District to
offset the potential two-family use of each approved lock-off unit. The offset was required at a
level one and one-half times that required of a standard residential unit.
To allow for the text amendment to Title 18 of the Deschutes County Code, the County is
adopting concurrent amendments to the County's comprehensive plan. Thus, it is appropriate to
assess the text amendments against the comprehensive plan as it would appear if amended.
B. Response to Approval Criteria.
1. The proposed text amendment complies with relevant State statutes.
No part of the text amendment violates a State statute.
PAGE 19 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
2. The proposed text amendment is consistent with the County's
Comprehensive Plan.
The text amendment must be consistent with the applicable provisions of the
County's comprehensive plan. The most relevant section is Section 23.40.025. This section is
specific to the Sunriver Unincorporated Community.
a. 23.40.025 Sunriver Unincorporated Community.
Following LCDC's adoption of OAR 660-22-Unincorporated
Communities in 1994, the County designated Sunriver an urban unincorporated community. As
part of that process, the County updated its comprehensive plan and the zoning regulations for
Sunriver to be consistent with OAR 660-22. The zoning regulations adopted for Sunriver at that
time were consistent with the County's comprehensive plan.
The text amendment will add one zoning district, the Town Center
District. The text of that Town Center District is consistent with Section 23.40.025 of the
County's comprehensive plan. It will not create any inconsistency with other sections of the
County's plan. This is evident from a review of this section of the comprehensive plan and the
additions proposed to that section that support adoption of this amendment.
Sunriver was first developed as a resort community that included a
landmark commercial center, the Sunriver Mall. Sunriver was designated an urban
unincorporated community because the community has more than 150 permanent dwelling units,
has a mix of land uses and is served by community water and sewer services. The Town Center
district allows a mix of commercial and residential uses. It proposes a type and intensity of
development that can support the cost of providing community water and sewer systems. The
type and intensity of development allowed in the Town Center District requires water and sewer
services of this type.
The comprehensive plan states that Sunriver was developed to be self-
reliant. The commercial core (Sunriver Mall) is recognized as a vital part of that design. The
approval of the Town Center district will allow the commercial core to continue to meet the
changing needs and expectations of Sunriver's owners and visitors. Taller buildings will allow
more housing units. These units will provide new customers for the commercial core businesses.
Residential development will, also, help fund and maintain community facilities in the Town
Center district.
One of the reasons the County classified Sunriver as an urban
unincorporated community was because that designation offered the greatest practical degree of
flexibility for future growth and development in Sunriver. This designation was made after
receiving input from the Sunriver community. The commercial core of Sunriver, commonly
referred to as the Sunriver Mall or Sunriver Village Mall, is decaying. The Sunriver Mall lacks
the diversity of uses that will attract visitors and businesses which create the vibrant commercial
area desired by both residents and visitors. The creation of a Town Center District that permits a
variety of uses, including mixed residential/commercial uses, will bring people to the central
core. The increase in the number of people coming to the core will support desirable retail
PAGE 20 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
businesses, create employment opportunities and enhance the appearance of the commercial
core. Thus, the creation of the Town Center District is consistent with the designation of
Sunriver as an urban unincorporated community and the designation of the commercial core as a
commercial service area for residents and visitors.
The text amendments to DCC 18.108.010 and 18.108.020 will change the
code to reflect the fact a new zoning district has been created and will require that uses in the
Town Center District are subject to site plan review when the Town Center designation is
applied to specific property. The amendment establishes a solar setback standard that is
appropriate for an urban environment. The setback continues to protect existing residential
development in the area. The text amendment adds a new code section, DCC 18.116.036, to the
County's parking requirements. This section includes regulations designed to fit the mixed uses
planned for the Town Center. A Town Center style of development is less reliant on parking
than most other styles of commercial development. This is true as it is a mixed use zoning
district. Town Center residences will be located within walking distance or in the same building
with commercial uses. District residents will park in their assigned residential parking spaces
and walk to restaurants, retail establishments and recreational facilities. No commercial parking
spaces will be needed for these customers. Finally, the text amendment to DCC 18.124.070
makes the site plan review criteria consistent with the urban environment intended for the Town
Center District.
Section 23.40.025 E.1(d) contains the land use policies for the Town
Center District. The Town Center District permits the types and mixture of uses identified in
that section, subject to the limitations and restrictions derived from OAR Chapter 660, Division
22. The development standards contained in the Town Center District will encourage new
development that is compatible with a town center style of development but will preserve open
space by promoting an efficient use of land. The policies for land use in Section 23.40.025
E. I (d) will be met.
Section 23.40.025 E.2 contains the public facilities policies for Sunriver.
The services within Sunriver commonly thought of as public facilities are supplied by Sunriver
Water, LLC and Sunriver Environmental, LLC. Before any new use is approved in the Town
Center District, the Sunriver utility companies will need to confirm the availability of water and
sewer service to meet the level of development proposed.
3. Other Comprehensive Plan Provisions.
The approval of the text amendments to add the Town Center District will
not create any inconsistency with other provisions of the comprehensive plan. Those provisions
of the comprehensive plan that may be impacted by the text amendment are set forth below:
a. Urbanization.
Land in the area that may be included in the Town Center District is
already committed to urban development. It is a part of the Sunriver urban unincorporated
community. It is zoned for and, in most cases, developed with commercial, community,
PAGE 21 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
recreational and urban-density residential uses. The amendment will be consistent with this
section.
b. Economy.
The text amendments will allow for redevelopment of Sunriver's
commercial core with a landmark type development that can draw residents and visitors to
Sunriver's commercial core area. At present, the commercial core is in a state of decline. A new
development concept is needed to return the Sunriver and its commercial core area to a place of
local and regional prominence.
C. Transportation.
The transportation element of the County's comprehensive plan is
primarily definitional and does not contain text that serves as relevant approval criteria.
d. Transportation System Plan.
The County's Transportation System Plan is written to implement OAR
660, Division 12 (the "Transportation Planning Rule"). The creation of a new Town Center
District in the abstract will not impact the County's Transportation Plan because the zone will
not be applied to any specific property until subsequent land use applications are processed. The
most appropriate time to examine whether uses allowed under the Town Center District have an
impact on transportation facilities and whether specific mitigation is required is when those
subsequent applications are submitted. The traffic study was developed by a professional traffic
engineering firm hired by the Applicant, Kittelson & Associates, Inc. The Applicant's traffic
engineer worked with County and ODOT staff in preparation of a traffic study. The study
identified potential mitigation such as the signalization of the ramps at South Century and
Highway 97. The appropriate mitigation requirements will be determined during review of the
conceptual site plan and/or zone change and plan amendment map change applications.
e. Public Facilities and Services.
Prior to any new development occurring under the proposal, the Sunriver
Utility Company must assure available facilities and services. Thus, this element of the
comprehensive plan will be satisfied.
f. Recreation.
The proposal will not overburden the existing recreational facilities and
will encourage people to visit Sunriver to enjoy the existing recreational opportunities. Sunriver
Owners Association will impose assessments on new residents and owners in the Town Center
District. These assessments will, in part, be used to finance the improvement and possible
expansion of Sunriver recreational facilities. The Sunriver Owners Association is currently
conducting a study to assist it in planning to meet the evolving recreational needs of its members
and visitors.
PAGE 22 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
g. Energy.
The Town Center District standards promote a clustered development with
multiple uses in close proximity to one another. Visitors and residents will combine activities
with a single trip to the town center and thus, save energy.
h. Citizen Involvement.
All development under the Town Center District must undergo a
conceptual site plan process and site plan review. Some uses require conditional use approval.
Those processes are public and allow for citizen involvement.
4. Parking Requirements.
The County has approved a new parking code section for the Town Center
District. This section is DCC 18.116.036. It contains many of the same provisions found in
DCC 18.116.030 but includes requirements specially tailored to the needs of the Town Center
District. This proposal is described in the text amendment documents that the Applicant filed
with the County and refined during the course of the land use hearings related to this proposal.
The parking requirements were developed based on the advice of professional transportation
engineers. It was also developed based on a review of the parking requirements for similar
projects in other resort communities.
The Town Center District will allow a mix of interrelated land uses, specifically identified,
designed, and developed to be mutually supportive. Considerable efficiency in parking is to be
expected because the economic viability of the District depends to a large degree on internalized
demand for restaurant and retail activities. The ITE Parking Generation manual briefly
addresses the potential benefits of mixed use developments in Appendix B. The manual states
the following:
"The hourly variation in parking demand for the individual land
uses can result in conditions where the parking demand for one
land use is high while the demand for a different land use is
low.... The end result can be a reduction in overall peak parking
demand."
Further, the manual references the reference book, Shared Parking, by the Urban Land Institute
(ULI) as a resource for estimating parking demand for mixed use developments. The approach
adopted by the Applicant's traffic engineers to determine parking demand used both the ITE
Parking Generation manual and the ULI Shared Parking book as appropriate references.
The traffic engineers at Kittelson & Associates, Inc. reviewed the parking
requirements for resort developments (Telluride, CO; Copper Mountain, CO; Keystone, CO;
Scottsdale, AZ; and Steamboat Springs, CO) that have been developed in a similar manner. The
parking requirements adopted by the County are substantially higher than the requirements
imposed for similar mixed commercial and residential resort developments but are slightly
lower, in most cases, than the current requirements of the County code. New requirements for
additional parking for lock-off units were imposed. A higher end parking requirement was
PAGE 23 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)
chosen by the County, in part, because Sunriver is located some distance away from Mount
Bachelor, the primary winter recreational draw for Sunriver visitors. In the summer months,
Sunriver contains many on-site attractions. These include horse back riding, bicycle trails,
community pools and recreational facilities, a nature center, boating and fishing. Yet, because
other areas of Central Oregon offer activities of interest to visitors, the parking requirements
were set at a higher level to assure adequate parking in the District.
PAGE 24 OF 24 - EXHIBIT "B" TO ORDINANCE 2008-013 (6/30/2008)