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2008-816-Minutes for Meeting April 30,2008 Recorded 8/22/2008COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS CJ X006'816 COMMISSIONERS' JOURNAL 0811111008 08;17;11 AM 11111111 til 111111111111111111 Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244- Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page , Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF HEARING SILVERSTAR DESTINATIONS LLC SUNRIVER TOWN CENTER DISTRICT ZONING WEDNESDAY, APRIL 30, 2008 Great Hall, Sunriver Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy (Baney) Melton. Also present were Terri Hansen Payne, Will Groves and Peter Russell, Community Development Department; Laurie Craghead, Legal Counsel; and approximately 300 citizens, including various representatives of the media. Chair Luke opened the hearing at 6: 00 p.m. The purpose of the hearing was to take public testimony on File 4PA-08-6 and TA- 07-6, an Application from Silverstar Destinations LLC, Sunriver Town Center District for a Zone Change. Commissioner Luke stated that in the mid 1970's Oregon developed land use laws to give people a simple way to know how to develop and use their land. Since then land use laws have gone through significant changes and have become fairly complicated. He said that testimony is to be taken on a text amendment to Deschutes County Code. It would create a new a new section. A text amendment stands by itself. The Board will eventually vote on this amendment. It is applicant-driven, and a fee was paid. If the text amendment is approved, it would allow someone then to apply for a zone change. At that time a whole different set of hearings will be scheduled, at which time people can testify or submit written documentation. At this time the Board is not dealing with the proposed development. There is no guarantee that if the zone change passes that the development will be approved. Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 1 of 12 Pages Terri Payne added that the rezoning and conceptual site plans will go before a Hearings Officer. Commissioner Luke said that this decision can be appealed to the Commissioners and also the Land Use Board of Appeals. Commissioner Luke stated that the meeting room is available until 9 p.m., and he hopes to find out how many people plan to speak. He said that staff advised that the applicant wants to make some major changes to the text amendment, and staff also feels some changes are needed. This could end up going back to the Planning Commission, which may be a joint meeting with the Board of Commissioners. Laurie Craghead indicated that if someone wants to speak who agrees with what another person has said, he or she can merely introduce himself or herself and indicate their agreement. This would preserve their right to appeal the decision. The person needs to speak on the record or submit something in writing, which will make him or her a participant. Anyone who previously testified orally, via e- mail or in writing is already a participant. Commissioner Luke said that the Sunriver Homeowners' Association is an elected body and will be allowed to speak first. Doris Brannan, the President of the SROA, read her statement to the Commissioners. (A copy is attached as Exhibit A). She requested that the written record be left open until later in May. Commissioner Luke stated that a date for another hearing will not be set at this time, since the changes generated may require a whole new mailing. Any addresses that are on file will receive a notification. Bill Starks, Vice President of Sunriver Owners' Association, read his statement into the record. (A copy is attached as Exhibit B.) Dennis Wood then read his statement to the Board. (A copy is attached as Exhibit C.) Tom Ped came before the Board and read a statement for the record. (A copy is attached as Exhibit D.) Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 2 of 12 Pages Wayne Thomas the read his statement to the Board. (A copy is attached as Exhibit E.) Mr. Thomas spoke for Jonathan Kahnoski, who had two concerns; one is building heights, and the other is how well the zone definition fits in with-John Gray's original vision for Sunrvier. Some people have said that building heights are a point of contention, at 50 to 75 feet tall, but he begs to differ. The lodge is up to 75 feet high, and the great hall is almost that tall. The village has very little screening from trees. The new village would have less visual impact. In regard to John Gray's original intent, he does not feel the changes are out of cinch. When filed in 1974, it clearly states that high density residential is an acceptable and desirable use. The mixed use concept is not new. He looked at a map and documents from the early 1980's, and one showed a research and development park between Beaver Drive and the railroad tracks. It was always intended to be much more of a mixed use community. This is apparent in a set of plans approved by the SROA design committee in 1983, and was not a new concept. It appears that John Gray and others may have been more visionary than they have been credited for. Richard Altree has been visiting Sunriver for years, and the reason he chose Sunriver over Black Butte Ranch was the vitality of the mall. He drove over from Portland as he does not live in Sunriver full-time. He feels the mall is a ghost town; it is fully depreciated and the climate has changed. He is deeply invested in Sunriver but cannot vote. The area needs to be revitalized and something has to change. Sunriver is the heart and soul of the great northwest, and the heart critically needs a transplant. Art Hatch, Fire Chief of Sunriver Service District, confirmed what Mr. Wood said earlier, that there have been a series of meetings regarding public safety and fire protection. They hired a fire protection consultant who looked at designs and potential impacts of fire protection needs. Mr. Hatch takes this seriously and is convinced that the applicant does, too. Commissioner Daly asked if any new equipment might be needed. Mr. Hatch replied that the developer indicated they will be responsible for any new equipment that may be needed, Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 3 of 12 Pages Keith Sime said he moved to Sunriver in 1989. Sunriver is a place where everyone is from somewhere else and people have a choice of a lot of different things to do. It is a great place for children and grandchildren. The recent picture in the Bulletin of the mall shows only one person; in previous years this would have had to have been taken at 3 a.m. The mall is dying and something needs to be done. To correct that problem, they are relying on an expert with years of experience who is giving a coherent picture of the problems of Sunriver and current relative thinking of what to do. First, in order to save Sunriver mall, it needs to be rebuilt as a mixed use mall. Second, the County needs to approve the zoning change. Third, Silverstar fits in the way that the mall needs to be redeveloped. It is up to the Commissioners to allow the first step to be taken. Lew Davies said he bought property when it was affordable, or so he thought, a year and a half ago. He has visited many times. He is not an expert like many others, but there are a lot of nuances on how government and the law operate. He wants to enjoy Sunriver and wants to get the ball rolling. It is an almost universal opinion that something needs to happen to the mall. New carpeting in 1970's buildings does not work. Homes and the mall need to be brought up to date. Dinah Finney read her statement into the record. (A copy is attached as Exhibit F.) Al Hornish then read his letter to the Board. (A copy is attached as Exhibit G.) Jim Murphy stated that he lives three miles south of Sunriver, but is closer to Sunriver mall than about half of the Sunriver residents. He participates in a lot of activities in Sunriver. The mall continues to deteriorate, and is beyond repair and rehabilitation and needs to be redone. Clearly the only real possibility is some form of mixed use redevelopment, which is very popular in a lot of places now. He asked the Board to take into account the broader Sunriver area community and the entire south County. Mark Burford said that he has been a resident for five years, and vacationed in Sunriver since the 1970's. He agrees with all the comments made tonight and urged the Commissioners to vote for this. Steve Croley, an owner for twenty years, asked the Board to adopt what is now before them. Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 4 of 12 Pages Nancy Henrichsen read her statement into the record at this time. (A copy is attached as Exhibit H.) Larry Weber provided written testimony (a copy of which is attached as Exhibit I.) Tammy McCloud of the Karnopp Peterson law firm, said that a Marion County Judge is coming to mediate what is currently before a Deschutes County Judge. Barbara Wade spoke. She was the leader of the team that negotiated with the developer since October 2006. They started out not knowing what they were dealing with and were in an adversarial position. They learned the developer can be trusted, is not fly by night, and has financial backing. The group did its due diligence, and respects what they want to do and supports their vision. Discussions on density, open space, height and other issues were not done in isolation but in posted meetings. She thanked the Board for seriously addressing the changes that are needed. Laura Harvey read her statement into the record. (A copy is attached as Exhibit J.) Jake Keller of the Oregon Water Wonderland Board of Directors, and an officer on the Upper Deschutes Coalition, spoke on his own behalf. He asked that the text amendment be approved; that all that has been said thus far is correct. He had relatives who ski in Park City, Utah, visit in January, and he was embarrassed to take them to the mall. They enjoyed the restaurants but were astounded that there wasn't a nicer mall. Dean Drabin, who is on the Oregon Water Wonderland Board and the Upper Deschutes River Association, said that the mall is in a sorry state and they only go there occasionally to pick up that quart of milk. It was and could be much more. He would like to be able to do the bulk of his shopping in Sunriver. The plan could create a change that is vibrant, will become a city center, and contribute more money to the area year-round, rather than depending on tourism. They can put their dollars into Sunriver to help it be a much more thriving area. Dennis Smeage, President of the Sunriver Area Chamber of Commerce representing the Chamber Board, provided written testimony. (A copy is attached as Exhibit K) Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 5 of 12 Pages Ron Angell said that he first came to Sunriver with his young son who is almost 40 now. He has seen it all. He has seen the commercial aspect of Sunriver go from what was the gas station and grocery store to a mall that was fully functional, and full of interesting and well-frequented store, to what is now a blighted area. Sunriver is too big and the mall area too big to be wholly commercial, and there needs to be a mix of commercial and residential. He commented that they are down to about 10 or 12% full-time residents, when it should be closer to 20%. The mall will help attract those residents. Sunriver is a large geographic area, about five miles by two miles. It takes a lot of bodies to put on events and activities. This type of work requires full-time residents. Margaret Angell read a statement to the Board. (A copy is attached as Exhibit L.) Carl Jansen read his statement for the record. (A copy is attached as Exhibit M.) Jay Smith stated that he and his wife came to Sunriver in 1991, built a home in 1992-93, and have been full-time residents since 1996. His wife has said that it would be nice if there were residential units in the mall. Especially for some of the older people, it would be nice to have an alternative. It would be good for people who would rather not go into Bend or to Touchmark. Also, previous owners of the mall have said they would make changes but nothing much happened. Change needs to happen; it will either get better or worse. He hopes the text amendment moves forward so that Silverstar can do something positive for Sunriver. Harvey Osborn testified that he is the lone ranger, at the meeting in opposition. He has been a resident for thirty years and was attracted by the vision of John Gray. He is concerned about the possibility of urbanization. He does not like the height or the density. He is a retired attorney and ran a steel mill, and his last ten productive years were as house counsel and joint venturer in apartment buildings. He said that 22 units per acre is more than they ever got out of two-story low cost housing. To him it seems that 22 units per acre on top of commercial is awfully dense. He does not think this was the vision of John Gray. He came to Sunriver to be away from the hustle and bustle. He pointed out two letters in the file from Sol and Ted Smith, the architects who more or less created the spirit of Sunriver. These letters listed priorities and created varied housing types with low density, 20 to 30% open space, and low height profiles, below the height of the lodgepole trees. He feels that 50 to 75 feet would not comply. Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 6 of 12 Pages Mr. Smith has said that the proposed village is the antithesis of the vision of John Gray. Mr. Osborn added that if the text amendment changes diminishes the numbers, it is okay with him, although he still feels that it is too high and dense. Commissioner Luke said that some of the proposed changes may deal with height. He suggested Mr. Osborn stay in touch with staff, since this may go out for comment. Lance Miller owns two properties in Sunriver plus a storage facility. He agrees with almost all that has been said and sees this as a countywide issue. The text amendment should be approved, as it will be a great benefit for future development. Sunriver is now in an awkward situation with declining home values, and a major part of revenue coming from property taxes. If values decline, this results is less funding to support infrastructure. They need to plan ahead and try to keep the values up. That way everyone in the County benefits. Great consideration needs to be given to the future in a taxable way. Commissioner Luke added that this text amendment only applies to Sunriver, but if approved, others could apply for a change as well. Don Ball signed up but did not speak. Jane Boubel has been a permanent resident for five years. She wants to support the zoning text amendment to help with sustainability, vitality, quality, economic development, jobs and continued tourism. The urged the Board as their elected leaders to make a decision quickly so this process can move forward and work can be done on the specifics of the next steps of the development. Frank Brocker, a resident for twelve years, called to the Board's attention the recent vote of 56 to 44 in favor of selling land for the project. This technically lost, but there is obviously support in a general way of Sunriver owners of this project and process. He asked how long the process would take. He would hate for the newly developed mall to be celebrated by his two grandchildren when they come over for his memorial ceremony. He asked if this could be moved on as soon as possible. Larry Read gave his statement for the record. (A copy is attached as Exhibit N.) Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 7 of 12 Pages Commissioner Luke noted that the previous hearing was mostly was a presentation given by the developer. They used balloons to show the height of the buildings, and in a forest environment they were not very noticeable. Carol Webb a permanent Sunriver resident for nine years, said she is enthused about the mall being improved. It has gone downhill rapidly. She stated that the developers are community minded, and support the Music Festival and don't have to do that. Last week African students performed and housing was offered to them free of charge; that kind of attitude is pretty convincing. This is a community of service, and she strongly urged the Board to approve the text change. Don Hutchinson of Salem owns a house near the mall. He stated that there needs to be unanimity that there needs to be an upgrade. The community is passionate about Sunriver but is also split. He would like to see this go forward but feels the scope is out of touch with Sunriver. He was hoping to see something other than what was presented last September. Jess Scott said he has read lots of testimony, and all has just about been said. This is a destination resort, important to the tourists as well. He worked in a store, and 70% of the visitors would ask what happened to the mall. Obviously the owners then didn't do it. The mall is important to residents and the tourists who come to Sunriver to vacation. Joe Upton of Seattle stated that he may represent in part the other 88% of owners who are not full-time residents. He has owned a unit for 25 years, and is president of the Wildflower Owners Association and represents them at these meetings. They are concerned about the proposed development. Looking at the balloons from the units is different than looking at them from the airport. They would probably be in the shadow of the 75 foot buildings all the time. Like everyone else, they want the mall to be improved, but he is not sure it is good for Sunriver to buy into the whole package of height, density, parking and so forth. Jim Borgmann said that his wife, Joanne and he have been owners since 1969. At that time there was no roof on the lodge, and just a small building in addition to the great hall. He stated that change is hard, but necessary. The mall was the center of the whole community. Deterioration has been extreme, and tearing it down to the plumbing is not enough. Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 8 of 12 Pages In regard to residential use, Sunriver is a wonderful place unless you can no longer drive. A 91-year old neighbor found he could no longer drive and lost his will to live also. There need to be places where people can walk to get what they need. John Salzer read his statement to the Board. (A copy is attached as Exhibit O.) Ron Day read his statement to the Board, and handed in other documents. (A copy is attached as Exhibit P.) Mark Halvorsen said his family purchased property in 1969 and moved to the area in 1975. There was no fire department except volunteers. He enjoys the area and plans to be there for some time to come. He is president of the board of the Business Park Association, and along with his wife, Kate, owns three businesses in the mall for over twenty years. They want to stay. He asked the text amendment process be moved ahead quickly for the sake of the community. Susan Kreid read her statement into the record. (A copy of her notes is attached as Exhibit Q.) Bruce Bischof had a few brief comments. He said he was not there for the height, density or parking issues, as they can't get to those until they get through the text amendment. As a permanent resident and a mall patron since 1971, and someone who has owned property there since 1972 and raised his children there from day one, he is excited about the mall. He's been involved with the Sunriver Preparatory School, the Bank of the Cascades and the owners' board since the 1970's. He had an office in the mall for eleven years, which at the time had a pharmacy and other services. It has deteriorated over the years. He urged the Commissioners to move forward so they can begin to address all of the other issues. Josie Whisnant read her statement to the Board. (A copy is attached as Exhibit R.) Roger Lee of EDCO (Economic Development for Central Oregon), read his letter to the Board. (A copy is attached as Exhibit S.) Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 9 of 12 Pages Dave Lewis said that there are some tough decisions to be made, and asked for the Board's support. He is a Sunriver property owner, the Board Chair of the Chamber of Commerce, the co-chair of the Sunriver group, and would like to see a speedy approval. He also wanted to speak about the Silverstar group; they put their money where their mouths are. They are Oregon residents, and he feels they are real and speak to what they are trying to do for the area with their own money. They have felt the pain of divisiveness, but the Sunriver group is now 400 and they want this done and quickly. Silverstar has had a year and a half of delay, since opponents want to keep them from building. He does not want to see this delayed further, as that could have a significant impact due to the financial aspects. He understands the concerns about height and numbers, and it needs to be done right. However, he does not want to see this have to go back to the Planning Commission. Commissioner Luke said that almost fifty people have testified in less than three hours, which is remarkable. Staff suggested that the record stay open until July 31. Laurie Craghead stated that she would not want to see too early a cutoff date since the applicant needs to work with staff on proposed changes, and time should be allowed for another hearing if required. Commissioner Melton said that the Board does not have all of the proposed changes so it is hard to make a determination. John Goodman, the applicant, said they are challenged by the timeline. It will be a year this week from the initial application. They appreciate the work, but got Counsel's comments just two weeks ago. Ninety days from now is a challenge. They want to make sure any changes are acceptable, but each process takes another ninety days. He asked to set an earlier date and extend it if necessary. Commissioner Luke suggested that the hearing be continued until the May 14 Board business meeting, and at that point perhaps the applicant and staff will have an idea of whether the hearing should be extended. Commissioner Melton asked if all of the information has been available for a year. Mr. Goodman said the original application was submitted a year ago, and it took them a year to get to that point. They have worked with staff since then. Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 10 of 12 Pages A number of changes have happened; they worked with the Sunriver Owners Association on the zone change until they supported it. It went to the Planning Commission in late September. Ms. Craghead pointed out that a new hearing would be to take testimony only on the new language. Commissioner Luke continued the hearing until June 4. Oral testimony can be given at that time on changes in the text. The record could be closed at that time or a new hearing could be set. The written record remains open until that time. Being no further discussion, Chair Luke adjourned the meeting at 8:53 p.m. DATED this 30th Day of April 2008 for the Deschutes County Board of Commissioners. ' /Ls Dennis R. Luke, Chair ATTEST: (~N~ &k4 Recording Secretary Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 11 of 12 Pages Tam an y) M lton, Vice Chair Attachments Exhibit A: Letter from Sunriver Homeowners Association dated April 30 (Doris Brannan) Exhibit B: Statement from Bill Starks Exhibit C: Statement from Dennis Wood Exhibit D: Statement from Thomas Ped Exhibit E: Statement from Wayne Thomas Exhibit F: Statement of Dinah Finney Exhibit G: Statement of Alan Hornish Exhibit H: Statement of Nancy Henrichsen Exhibit I: Letter and attachments from Larry Weber Exhibit J: Statement of Laura Harvey Exhibit K: Statement from Dennis Smeage Exhibit L: Statement of Margaret Angell Exhibit M: Statement and attachments from Carl Jansen Exhibit N: Statement of Larry and Lois Read Exhibit O: Statement from John Salzer Exhibit P: Statement and attachments from Ron Day Exhibit Q: Statement of Susan Kreid Exhibit R: Statement of Josie Whisnant Exhibit S: Statement of Roger Lee of EDCO Exhibit T: Testimony from the Sunriver Owners Association Exhibit U: Sign-in Cards Exhibit V: Testimony Sheets Minutes of Board of Commissioners' Public Hearing regarding Sunriver Text Amendment Wednesday, April 30, 2008 Page 12 of 12 Pages SUNRIVER OWNERS ASSOCIATION MAINTAINING SUNRIVER AS A PREMIER RESIDENTIAL AND RESORT COMMUNITY PROTECTING AND ENHANCING ITS QUALITY OF LIFE, NATURAL ENVIRONMENT AND PROPERTY VALUES. April 30, 2008 VIA HAND DELIVERY Board of County Commissioners for Deschutes County 1300 NW Wall Street Bend, Oregon 97701 Re: SilverStar Destinations, LLC applications Town Center District - Sunriver Village Mall County File Nos. PA-07-6 and TA-07-6 Dear Commissioners Luke, Melton and Daly: I am the president of the Board of Directors for the Sunriver Owners Association ("SROA"), and I submit this written testimony into the record for the above-referenced files. The SROA Board is the governing body for the association itself and is empowered by the Consolidated Plan of Sunriver to carry out the business affairs of the SROA and to perform all duties under the Consolidated Plan. In fulfilling its obligations, the Board must make decisions considered to be in the best long-term interest of the Sunriver community. It is upon this basis that I submit this written testimony. To insure that the Board of County Commissioners has easy access to the written testimony previously submitted on these applications by the SROA, copies of SROA's submissions from November 8, 2007 and December 26, 2007 are attached. The attached testimony provides a good basis to demonstrate the SROA's ongoing support for the revitalization project that begins with changes in zoning. The SROA Board of Directors strongly supports redevelopment of the commercial core of Sunriver, the Village Mall ("Mall'), and the Board recognizes that the needed redevelopment will require rezoning of the Mall property. Further, the rezoning requires creation of a new zoning category for Sunriver - the Town Center District. Simply put, revitalization is contingent upon redevelopment, which in turn is contingent upon "up-zoning" the property. The Board believes the result will be to the long=term benefit of the Sunriver and believes that it is also supported by a majority of the community. 5539.49\Report to BoCC on April 30.doc - 57455 ABBOT DRIVE • P.O. BOX 3278 • SUNRIVER, OREGON 97707 • (541)593-2411 • TOLL FREE (888) 284-6639 www.sunriverowners.org EXHIBIT A Board of County Commissioner ' for Deschutes County April 30, 2008 Page 2 As the Board of Commissioners may be aware, the proposed land sale between the SROA and SilverStar Destinations was approved by over a majority of the vote, however votes cast did not reach the super-majority (60%) required for approval of a land transfer. This does not affect the SROA Board's endorsement of these plan and text amendment applications to create the Town Center District in the Urban Unincorporated Community of Sunriver. It appears that a result of the vote, SilverStar Destinations will be reducing the overall size of its proposed development, but redevelopment will still require the requested plan and text amendments. The vote result, however, caused SilverStar to modify some of the previously submitted text for the zoning language. SROA has begun its review of these proposed modifications and commits to provide the Board of County Commissioners with its input regarding the same after an official vote at our next SROA Board of Director's meeting on May 10, 2008. We respectfully request that the written testimony for the Town Center District be left open until May 12th, even if the oral testimony is closed this evening. The SROA Board of Directors continues to be pleased to convey to Deschutes County its support for plan and text amendments for the creation of the Town Center District in Sunriver. Thank you for the opportunity to comment on these applications. Respectfully submitted, d'K~~1/CLZ~~wrt/ DORIS BRANNAN President of the Sunriver Owners Association Enclosures 5539.49\Report to BoCC on Apri130.doc I am Bill Starks and speaking as the Vice President of the Owner's Association. I have been involved with Sunriver for 25 years and a permanent resident since 2001. I have watched our retail mall go from an active part of the community to its decaying state today. This is unfortunate given that it is an important element of what makes Sunriver what it is and part of what sets us aside from the increasing competition from the explosion of new destination resorts in Central Oregon. For Sunriver to continue to be seen as the place to come to and reside in, the mall MUST be renovated. Time has changed development economics however, and a straight commercial development is no longer viable. The proposed Town Center zoning language before you today is crucial to allowing our retail core to be vibrant and successful again. The residential element is critically important to helping the businesses access more traffic to help them survive the highly seasonal population changes. What would be permitted by the proposed Town Center language very different from the mall today and Sunriver overall, but not inconsistent with the applicable Village Declarations created many years ago and long forgotten. But looking at the community overall this does not represent more housing and people than originally conceived even with the removal of approximately 2200 acres from the original plan. And along with the decay of the mall, our permanent population has dropped to 12% on a unit basis. The idea of live/work in a revitalized mall is not only not new but something which can help raise the number of people here year round to support successful retail enterprises. I urge the Commission to approve the proposed Town Center zone for immediate implementation. Bill Starks, 10 Loon Lane, Sunriver EXHIBIT B A)All_~ v ~04 4e K WW Aj - My name is Dennis Wood. I'm a six year full time resident of Sunriver. My wife and I support the~e- zoning of the Sunriver Village. r many unf _ tjorre4&d~. I m~tly a Sunriver Owners Association (SROA) Director~~r'espo ib e Fo J~A and a Sunriver Service District (SSD) Director. In the past I've been on the Environmental, Public Works, Public Safety and Design Review Committees. I would like to limit my support statement to thelimpact of the 'ajstr~-- Sr iaer on our community Police, Fire, Water, Sewer, and other utilities. pae"q As part of the Conceptual Site Plan and Detailed Site Plans, Silv Star wi I ha eto~address i s i pact on infrastructure. The total number of new residences currently pfam wv l add approxim% to the Sunriver total. SilverStar is working with Sunriver Service District Fire Chief Art Hatch to determine an appropriate level of fire protection, and has stated they would finance any SSD costs if new equipment were required. Police Chief Mike Kennedy has stated that an additional 8% growth in residences will not be a burden on the Police Department. The additional property tax base added by SilverStar will actually help the tax rate for the total SSD. Sunriver Water and Environmental LLC has stated they have sufficient capacity to include this growth. SilverStar will pay the cost of hookups, and the added customer base will help pay for any future mandated upgrade costs. Cable TV and internet service from Chambers Cable will be easily supplied. A larger base of customers again may help cable TV and internet rates. Electrical Power from Midstate Electric and telephone service from Qwest are not a problem. In summary, the impact on our infrastructure is virtually non-existent and the increase in base will help spread future costs over more customers. 3 o ~~o~ 2v-~ g EXHIBIT C Date: April 30, 2008 To: Board of County Commissioners My name is Tom Ped and have been a resident in Sunriver for 5 years. I am on the SR board of directors, but I speak here today as an individual homeowner in support of the town center zoning. Thank you, commissioners, for working on this important issue for Sunriver. You have many things on your plate and I appreciate your help in this important matter. My major point in testimony today is that for Sunriver to continue to prosper, all stakeholders (individual homeowners, the resort, and the village) must spend or be able to spend energy and dollars to develop and enhance their respective parts of our resort community. We all must enhance our core amenities to sustain the attraction to Sunriver and we should think about Sunriver holistically as the sum of interdependent parts. We all need each other and benefit from each other in many ways. We, as homeowners, before some complain too loudly about someone else who wants to invest in our older community, we need to invest in our community ourselves as other stakeholders have spent or desire to spend. We homeowners will have a chance in August to review proposed new amenities recommendations to see if we will step up to the plate to invest in new capital structures for tennis or a community center or for aquatics or whatever homeowners choose. As a stakeholder in Sunriver, we must invest progressively in improvements to our own amenities, keep up our roads and upgrade our own houses. We homeowners need to look at ourselves in the mirror as we consider the future of Sunriver. From an amenities standpoint, the rental agencies have stepped in to support the new Mavericks recreational facilities. The Resort has spent tens of millions on their lodge, golf courses, Sage Spring Spa, Caldera Springs and desire to upgrade the marina and stables. Now we have Silverstar willing to invest tens of millions to redevelop their village that they own and provide new commercial and residential opportunities and amenities for present and future owners and visitors. There are many technical issues you are faced with in the zoning decision and down the road, future decisions to come, but with the commissioners wisdom and oversight perspective and the county staffs experience and knowledge, I ask you to work through them to a positive conclusion. We homeowners have to remember we live in a resort, not a gated community or out in the country. Resorts are where visitors are welcome and needed. Its where people gather for fun or business, for golf or tennis tournaments, bike races or marathons or for family fun or just relaxing out on the deck. Crowds gather in fun places. Many people talk of John Gray and living with nature. Lets respect that. Another generation speaks of wifi, a brew pub and a fun place to hang out. Lets respect that, too. There is plenty of room for all stakeholders and all generations to prosper and meet their needs here in Sunriver. I am a permanent resident, but I see our numbers declining. Second homeowners see their rental rates decreasing, the village businesses are dying. People aren't coming back. I want to see a more vibrant, competitive resort community in which to live and where we all can contribute to a brighter future. Thank you again, commissioners, for working for us. We need a new village. Thomas A. Ped 21 Tokatee Ln Sunriver EXHIBIT D Deschutes County Commisioners As a full time resident in Sunriver for 5 years, local contractor and a SROA Board member for the past two years,it is very clear that we as a community need to look into the future to ensure our continued growth of full time residents as well as the continuing vacationers who have come to Sunriver for three generations and enjoyed all the amenities we have to offer to complement those of Deschutes and the surrounding counties. Many of our resident and non-resident owners worked diligently on our "Strageic Plan" to identify those amenities that we need to improve or change in support of the future of Sunriver. One key topic addressed was the degradation of the Village and the impact on visitors and potential residents and new owners as they enter Sunriver. ~1(~L Silver Star made the announcement that they bought the Village properties and were in t process of making this a world class village with shops and residences. Originally the number of unit were at around 500-600 which caused concern by many over the impact to our amenities and the infrastructure. Preliminary studies were conducted into our infrastructure ie. sewer, water, roads, fire, police, etc. and the impact was negligible based on our seasonality. Since the majority of our owners (55.9%) voted in favor of selling the land, but the threshold of 60% yes was not achieved, the project by SilverStar was downsized to reduce the number of residences to around 350 -375 depending on the property to be rezoned "Town Center District". This in itself will reduce the fear of overcrowding and the burden on our infrastructure. Many people will counter that this is still too many new residences but if you look at the big picture a village development of this magnitude will bring in new jobs to the county, will assist the outlying communities of Three Rivers, Oregon Water Wonderland, etc. in supplying new shopping experiences and hopefully reduce the seasonality of our commercial business'. The new Town Center District will improve the first opinion of Sunriver by visitors as was the water feature entrance on South Century Drive in making their experience here positive and hopefully to bring them back when they are ready to move to the area full time or just to come back for a vacation. Respectively Submitted Wayne Thomas 17 Yellow Pine Lane (IDo Q20X 3C(1z- S~iJn~UeA / 0vv (z(- ~ ?o7 EXHIBIT E Commissioners, I am Dinah Finney. My husband and I live at #2 Mt. Baker Lane, Sunriver. We have been permanent residents for the last seven years and have owned a second home here since the late 1980's. My husband and I feel fortunate to live in this resort community and are active and involved citizens in the SR-Community. There are many issues to the" r w," that h been put before you. I personally have no problems with the issues of height, density, open space, or the design of the Town Center, as I am confident Sunriver and Deschutes County codes have the appropriate controls in place, along with Sunriver's best interest. I am here to address an issue that is of great concern and very near and dear to my heart, that is the economic impact to Deschutes County if the rezoning is not approved. We are surrounded by pockets of poverty. As most resort communities, the people who service our needs such as housekeepers, yard maintenance, restaurant workers, and grocery store clerks come from these surrounding areas. Many resort jobs are seasonal and minimum wage but, at least they are jobs! Many of us in Sunriver believe we have a responsibility to this community and give tremendous amounts of financial assistance, time and energy to improve the financial, medical and social needs within the surrounding areas of greater Sunriver. An example is the immeasurable amount of volunteer hours and nearly a half million dollars of financial assistance given each year. This amount does not include the thousands of dollars given - - to families through the monthlyeare & Share Food Program or the Community Christmas Sharing Program which also provides food and gifts to families in the 97707 zip code. If the rezoning is not approved, many of those who are recipients of our giving will lose in additional ways: 1. More fulltime residents will seek other communities in which to move to 2. Jobs will decrease 3. Non-Profits within the community will struggle while competing for the same funds for worthwhile local charities 4. Many of our youth at Three Rivers School will remain in the life cycle of poverty 5. Other issues related to poverty will continue to row I urge you to approve the, m"egW, as Silverstar has proposed. I trust that with your approval, and the support of this community, we can make a difference in the poverty issues surrounding us by providing more jobs, income, incentive and hope for our neighbors. EXHIBIT F To Board of County Commissioners April 30, 2008 My name is Alan Hornish. My wife and I have lived in SR full time for over 8.5 years, and before owned property here fora revious 10 years and c e, every year on vacation. l I~14~ TU My wife and I strongly support the redevelopment of the current Mall and strongly support the current proposal put forth by SilverStar. My purpose in testifying is to address one area which some of those concerned about the plan have raised-and this is evacuation due to fire or another emergency. In Deschutes County as you know, the SO is legally charged with the responsibility for evacuations. This obviously is done in conjunction with local law enforcement agencies. Evacuations are managed by SAR volunteers workingOW under the SO command structure. There are four volunteers in Deschutes County who serve in the role of Deputy Incident Commander and I am one of those four. We are basically responsible for the planning and execution of evacuations. In this role I have been involved in many of the evacuations in Deschutes County in the past 8 years. As you know from the experience last year-the need for evacuations comes at us from two directions-we have the strike which hits in the middle of a neighborhood and we must move immediately. This happened five times last year-three resulting in evacuations-Aubrey Butte, Sandlewood Neighborhood, and Crooked River Ranch where the fire was in both counties and we did the evacuation. Ad&fimmHy-" the e. The other event is a fire which steadily comes at you and finally is not controlled where it presents a real threat to the community and it must be evacuated. This is what happened last Labor Day at Black Butte Ranch. The year before it happened with TollGate and we were even preparing the plan to evacuate Sisters but fortunately did not have to implement it. Clearly there is a major risk here in SR from either one of these events. But in dealing with the risk-I believe it is a matter of planning, preparation and training. I do not believe that having a new Town Center with the increased numbers of people it will bring will have any negative impact on our ability to plan for or implement an evacuation should that ever be needed. Not only do we have the County resources through SAR able to conduct such an evacuation; we also have a community group here in SR working to make sure that through proper planning we can appropriately react to any emergency. We have an Emergency Operations group which I chair made up of the Police Chief, Fire Chief, SROA Public Works Director, SROA Environmental Director and appropriate resources from the Resort and SilverStar plus 3 of us from the community with experience in the area. Our task, working with Deschutes County, is to write and gain approval for a SR Emergency Operations Plan and currently this is work in progress. As this Town Center moves forward the potential number of people attracted to the Center will fully be taken into account as we complete this project. EXHIBIT G Therefore, I ask that you discount any negative or fearful comments about evacuation you have had presented. They are based, I believe, on a lack of knowledge about our ability to plan for and manage an vacuation. I encourage you to move forward and approve the zoae-e~. j CljooeU _ My name is Nancy Henrichsen= My husband Dallas and I have resided at 15 Malheu&or the past ten years. CHANGE has been a big part of our life since we moved here. CHANGE. I remember when that use to be what I got back with my $20 grocery purchase. CHANGE seems to be a popular pundit in this year's political scene. In the past ten years my hair has changed color, my hands are not as flexible and I am more cautious about getting on and off my bike. I notice that that tiny Ponderosa seedling we planted in our yard is now over six feet high. On my street there is only one building lot left and it is selling for more than what it cost to build our home. In the past ten years our Sunriver fire and police departments have come under the umbrella of a special service district. More pathways have been constructed. The Lodge has been remodeled and they have added more rooms to the south. They have also acquired the Sunriver Racquet Club and refurbished it into high class spa. Two new condo complexes have been built within the confines of SR. Next to the Holy Trinity Catholic Church a new sports complex touts a wave pool with an outdoor pool coming soon. Across from Spring River Road the developments of Crosswater and Caldera Springs continue to add more houses. Three Rivers School has doubled in size and is preparing for more new construction. The business park seems vibrant as businesses have moved from Sunriver Village. Hard to believe so many positive CHANGES have taken place within a ten year period. But then in the SR mall area the CHANGES have not always been positive. The SROA Homeowners office and police depa ~en,t~.have moved out of their cramped space and into a new building on NT -1at The SR music festival office suffered a fire from faulty wiring and has moved to another building in the mall. A restaurant has been flooded by broken pipes. As I have stood at the produce area of the SR Country Store water has leaked onto the floor. While having my hair shampooed at the local mall salon I have had to wait while the hot water traveled up the tired pipes to the sink area. That salon is no longer in business. Neglect from previous owners has not left this area of SR in good repair. So what CHANGES will we see? I ask you to support SilverStar's application for a rezone of this area. It definitely will affect all of us that live in south Deschutes County. Let's keep the CHANGES flowing. Thank you. EXHIBIT H LAURA E. HARVEY POST OFFICE BOX 3494 SUNRIVER, OREGON 97707 541-593-3162 April 29, 2008 Deschutes County Commissioners and County Administrator Dennis Luke, Tami Melton, Mike Daly Dave Kanner 1300 N.W. Wall Street, Suite 200 Bend, Oregon 97701-1960 Re: Sunriver Mall Town Center Zoning # PA-07-6 and TA-07-6 Dear Dennis, Tami, Mike and Dave, Sunriver is the heritage of this County and Central Oregon. Sunriver in a large part put Central Oregon to work at a Time when even Central Oregon had a failed economy. Sunriver put Central Oregon on the map and on the map it will stay as the Premier Resort Community in the Pacific Northwest with your Approval Vote of the Town Center Zoning. Vast Improvements are the only Alternative! We are now asking the Commissioners to protect the Sunriver Community from our Failed Mail and our Failing economy. Bend and La Pine residents used to come to the Mall. Visitor's want attractions, shopping, things to do when they vacation. Sunriver and near by residents need the same. The Town Center must be rebuilt. We do have those distant and near owners who are Blinded to the daily functioning of Sunriver and the surrounding Communities. Most skeptical owners come here as Tourists to visit their homes, so their interests and concerns revolve around their personal vacations. They do not need a Heart for the Sunriver Community. If they really want an old failed mining community or abandoned cowboy ranch atmosphere and setting, without services, a population or an economy, they can go to Thousand Trails in their luxury motor coaches, or Shaniko, or the wilds of Alaska. South County, on the other hand functions under reality in the here and now. Tourism keeps this County, and Sunriver alive and vibrant, with an economy and infrastructure that is necessary to our daily lives. Tourism, with its many facets is crucial in this County and its decline has brought all of the resulting negative aspects with it. Affecting golf courses, Mt. Bachelor, Vacation Rental business, Home Sales, Retail, Business in general, room taxes, and everything else here and is physically evidenced by empty Vacation Rental Homes, Buildings both in the Business Park and Sunriver Mall, excessive For Sale / For Lease signs and declining County and SROA Revenue among other evidence. A wonderful mixed use New Mall would change all of the above, re-new interest in Sunriver and give visitors an enticing reason to return to Sunriver. After all, Mall Shopping is the American Pass time. An example of this result is all of the Resort Town Centers in the United States that Mark Smuland of SilverStar has worked on and the Quaint year round Town of Leavenworth. Sunriver is my home and my Community and only the Commissioners can now provide its Future Viability and Economy, with the New Town Center Zoning Approval. Residential must be an incorporating Factor in this Wonderful New Mall as proposed by SilverStar Development! That is our only issue here, not to be distracted or derailed by the Vocal Minority. Only the Vocal Minority wishes to intentionally Destroy our Community and Economy. Only the opposition injected twisted, irrelevant seeds into the Process for self-aggrandizing personal reasons of power. Only the minority does not want to realize that Residential would be good for Sunriver and the viability of the Mall merchants. Only the minority says that the residential would be all rentals, which they appear to oppose, even though none are involved in the vacation rental home business! EXHIBIT J LAURA E. HARVEY POST OFFICE BOX 3494 SUNRIVER, OREGON 97707 541-593-3162 Page 2 Only the Vocal Minority gives no thoughts to other people, to new Amenities, activities for children and families, activities for teens, as they voted against the Land Sale! They voted against the Sunriver Owners, which makes no qualifying sense at all! They blindly followed the distortions of an egotistical, maniacal Tort Attorney that lives in Virginia, who is driven by unacceptable, non-negotiable demands for our Community. One who has not submitted one positive Asset to the process. One who comes to Sunriver as a Tourists. One who does not speak for me, or the welfare of our Community. One whose way of life is to initiate fabricated legal actions for sport. One who wishes to install himself as King of Sunriver. One who has never run a business. One who operates under Delusions of Grandeur and total self interest along with his other unimaginative affiliates. The Heart of Sunriver presently has Town Center Approval, initially with 1,000 residential units Approved by Deschutes County, with abandoned Condo units in the 2nd stories of the present Mall buildings. We ask for this new Zoning Approval and permission to proceed with the process, so that we can start planning for our futures and the future of Sunriver. There are no alternatives available to us! Personally, I wish to move into the New SilverStar Town Center to live and play in the New Town Center Mail with my Friends and Tourists during my Golden Years. In order for me to accomplish this, I urge you to Expedite this Process, and cut out further delays as time is flying by. I have been a multiple Home owner in Sunriver for 23 years, resident and non-resident, builder of homes in Sunriver and Vacation Rental Home business owner. I also know the original Mail Owner / Developer and know of the original Plans for the future of Sunriver. SilverStar Development has gone through all phases of the Planning Process with eminently Qualified Consultants and Town Center experts. There are Processes and Formulas that they are qualified to speak on and Design, in order to build a successful project that we, as laymen, are Neither familiar with nor qualified to speak on. I wish the Commissioners to Accept the Plans of SilverStar as presented, and allow SilverStar and their expert Consultants and Designers to massage their own Plans, in order to bring the vast benefits to us that are needed in this Century! Most Sincerely and Appreciativ Laura E. Harvey C;c: Terri Hansen Payne, SROA, SilverStar The Town Center concept will enable SilverStar to construct an economically viable retail and commercial center that can compete successfully with downtown Bend, the Old Mill District and other new and emerging resorts in Central Oregon. Incorporating a residential component in the redevelopment will substantially increase customer traffic in the Mall, support existing and new businesses, and ultimately enhance the Sunriver experience for all visitors and residents. It is estimated that 75 cents of every dollar spent by visitors to Sunriver is spent OUTSIDE of Sunriver. We want to keep most of that dollar here to support our local economy. It is likely that a major share of the residential units built as part of the Town Center will end up in the rental pool. This could generate an additional half million dollars annually in room tax revenue, not to mention the property taxes collected on all the new construction. In addition, a new and vibrant retail and commercial center in Sunriver would serve an extended trading area from Bend to La Pine by providing local jobs, and by making products and services available locally so our residents would not have to travel to Bend and La Pine. The Sunriver Area C amber hopes that the Commissioners will approve SilverStar's vax+- C41A, e Llc)'A a - application for the But we also would like you to ensure that the resultinglanguage is flexible enough to enable the developer to build an economically viable project that will serve their interests as well as those of the Sunriver community. -ha you. Dennis Smeage President & CEO Sunriver Area Chamber of Commerce GO, 06-~' EXHIBIT K Good evening Commissioners Luke, Melton and Daly. My name is Dennis Smeage and I am the President & CEO of the Sunriver Area Chamber of Commerce, and I want to thank you for giving me the opportunity to speak this evening. The Sunriver Area Chamber of Commerce is comprised of more than 240 area businesses, businesses that have a vested interest in the economic health of our community. Our local economy is tied, in large part, to the numbers of people who visit Sunriver and pay for lodging, food, recreation and other amenities. In recent years, we've seen the average number of rented room nights per unit drop from 150 per year to about 100. This represents a dramatic decrease in the number of visitors. Competition from other newer destination resorts in Central Oregon and the Northwest has no doubt played a part in this decline. But anecdotal comments in customer surveys and by vacationers who frequent our Chamber's Visitors Center indicate that the condition of the Sunriver Village Mall is a turn-off and a significant barrier to repeat visits. The Sunriver Chamber's interest in the proposed Town Center District g relates to the impact of the Sunriver Mall's deterioration on our local business community. That impact is clearly a negative one. Since the Mall's construction in the early 70s, more than 20% of its retail and commercial tenants have exited. The remaining businesses have struggled to survive through periods of decreased customer traffic, the ups and downs of a seasonality-related economy, and visitors' indifference to a mall design that worked in the 1970s but is clearly out of touch with today's world of retail marketing. For many years, Sunriver has enjoyed the reputation of being the Northwest's premier vacation destination. In many respects, it still is. But our business community believes that a completely redesigned, rebuilt and revitalized Town Center mall would help Sunriver recapture in prominence among Northwest resorts. MY NAME IS MARGARET ANGELL; I AM A FULL TIME RESIDENT OF SUNRIVER AND HAVE BEEN FOR SIX YEARS. MY HUSBAND AND I PURCHASED A HOME HERE IN 1986 AND USED OUR PRESENT HOUSE AS A SECOND HOME SINCE 1990. WHEN WE FIRST STARTED COMING TO SUNRIVER IN THE 70'S THE VILLAGE WAS A VIBRANT, BUSY PLACE. THERE WERE CLOTHING STORES, A KITCHEN STORE, A PHARMACY AND OTHER RETAIL ESTABLISHMENTS THAT CONSEQUENTLY PULLED UP STAKES AND MOVED OUT OF THE VILLAGE. SEVERAL OTHER RETAILERS HAVE COME AND GONE. THE FEW BUSINESSES THAT HAVE TOUGHED IT OUT FOR THE PAST FEW YEARS WILL SURELY LEAVE IF THE MALL AREA IS NOT UPGRADED. SUNRIVER USED TO BE" PREMIER VACATION DESTINATION IN D OREGON. THE NEW TOWN CENTER WOULD RESTORE SUNRIVER TO TOE 'lXV - POSITION. WITHOUT IT, I'M AFRAID SUNRIVER WILL SLIP FURTHER DOWN THE LIST OF DESIRABLE PLACES TO VACATION. FOR EVERY 3k 2> GOLFER, TENNIS PLAYER, OR FISHERMAN, THERE ARE OTHER FAMILY MEMBERS WHO ENJOY SHOPPING, RESTAURANTS, AND OTHER ATTRACTIONS. WE NEED TO OFFER THINGS FOR THE ENTIRE FAMILY OR THEY WILL GO ELSEWHERE. CONTRARY TO WHAT THE NAYSAYERS HAVE SAID, JOHN GRAY ENVISIONED A VILLAGE IN THE HEART OF SUNRIVER. HE ALSO SAW A 50- 50 SPLIT OF PERMANENT RESIDENCES AND RENTAL OR SECOND HOMES. A FEW YEARS AGO, THE PERMANENT POPULATION WAS 18-20%. IT IS NOW 12%. I FEEL SUNRIVER IS AT A CROSS-ROAD. IF SILVERSTAR OR ANY OTHER DEVELOPER DESIRES TO INVEST HERE, IT WILL NOT BE FEASIBLE WITHOUT A MIXED USE ZONE IN THE HEART OF SUNRIVER. IF THE VILLAGE IS ALLOWED TO DIE, THE 12% FIGURE OF PERMANENT RESIDENTS WILL FALL DRASTICALLY. /tkp ho THE MAJORITY OF HOMEOWNERS IN FAVOR OF SILVERSTAR AND 0-4L 4'u~ WHAT THEY WANT TO DO HEREvTHE MAJORITY HAS INDEED BEEN TOO SILENT. WEvLET THEIPESSISMISTIC NAYSAYERS RULE THE DAY. i'c'A VE M l X10 U-ry THE NEW TOWN CENTER WILL NOT ONLY BE WONDERFUL FOR THE RESIDENTS OF SUNRIVER BUT WILL SERVE AN EVEN LARGER AREA HERE IN SOUTH DESCHUTES COUNTY. C~o~-r~oJ oFr►~~ RESIDENTS HAVE BEEN COMPLAINING ABOUT THE#MALL FOR YEARS. WE NOW HAVE SOMEONE WHO WANTS TO RESTORE THE HEART OF SUNRIVER INTO A VITAL HUB. I SINCERELY HOPE YOU WILL APPROVE THE REQUEST TO REZONE THE VILLAGE. EXHIBIT L 44- 17 A ko~C Ore,~ Al so N-9- y V~ P 1 South County Residents Who Support tarn for the Village at Sunriver A Y-Ca Carl & Thelma Jansen 56865 Besson Road, Bend, OR 97707 - 593-2777 Background • Jansen family purchased 3 acres in Spring River neighborhood 2 miles due West of Sunriver in 1986. We have been permanent residents since 1998. • We have two vacation rental units on property. We and the renters fully use both the Sunriver Village facilities and the Business Park. • We shop, dine, enjoy the entertainment and events in the Village. / The Jansen Family are active participants in community organizations, Holy Trinity Church near Circle 10, Care & Share Services , Spring River Road District, Spring River Fire & Safety Association and the Upper Deschutes River Our bors need upgraded community services in the Village, especially immediate care medical services (i.e. Bend Memorial Clinic, service care for seniors and others). Federal, State and local agencies and businesses have spent over $26MM in 2007 to rebuild roads serving the Sunriver Area community including the Hwy 97 interchange, Sunriver Circle entrance and 15 mile road improvement to Mt. Bachelor. Current estimated property tax from the Village is about $150,000. With the redevelopment, the annual property tax income to all county agencies and districts, school, library, sheriff, county, etc. should increase at least 10 times this amount or $1,500,000. We live in the 21 st century, not the 20th century. The Village is over 35 years old any communities t on are redeveloping and in ser<:: their town ixe -use facilities, offices, stores and town I refer to th d Village north of Vanc ouver, WA ( www.bgvillage.co as a succe of how our Village at Sunriver should look. There are number of successful examp Portland, OR areas includin Orenco Station, Riverplace, and the Pioneer district. South County needs a viable village between Bend and LaPine. Sunriver is the place for this to happen. EXHIBIT M 4 BATTLE GROUND VILLAGE AA heart of e, mixed-use development in4he ning Clark County, Washi4ton. r~ t ~ ~ S C n I' 7 f it 1 I -4- 1 } { h r • ~ ~ ! ~ ~ ~ 1 : r ice' w r .4 AD. Ark' o d! f 4w P °E _ A T'F C Z~l n r ~ ~ ,.mot ~ i~) .b!'•. .y f ,e ~~r I ~1, WPM 6 llTf" iipa na Clark County is one of the fastest growing counties in Total trade-area population 415,000 the state of Washington, realizing 6% growth from 2005 Primary trade-area to 2007. Conveniently located in the bustling northern population 172,600 part of the county, the city of Battle Ground has been a ~L aavC'~.. major contributor to the area's growth, attracting resi- North Clark County, dents seeking a progressive yet comfortable lifestyle in the primary trade-area, naturally beautiful surroundings. Situated in the heart of is projected to grow 15% by 2012 Clark County, Battle Ground offers residents and visitors an abundance of outdoor activities, a charming main ryry FR NN Median home price street and strong community involvement. $258,000 Median household income $70,100 RI 1f d" i s . i W il lei Document Reproduces Poorly (Archived) r Work, live, shop and play. Adjacent to the Battle Ground Corporate Center, Battle Retail Type Ground Village encompasses more than 20 acres and offers Open-air, mixed-use - lifestyle center something for everyone. BG Village is a vibrant, pedestrian- Features ground-level friendly destination with a mixture of large and small scale retail & second-level retail, specialty stores, professional offices, sit-down mezzanine space restaurants, cafes and quick-service restaurants. This Location community will feature a central, park-pavilion with outdoor 199th Street & Commerce Avenue entertainment, an urban trail system surrounding the entire Battle Ground, development, and a children's nature parka Residential Washington homes-including The Oaks at BG Village, a live/work town- Size home community-add to the sophisticated yet casual lifestyle 21 acres of BG Village. BG Village is the-home of the Battle Ground 140,000 GLA Library, part of the Fort Vancouver Regional Library system, Amenities and the seasonal Battle Ground Farmers Market. All of these Man-made Waterway Center Park Pavilion amenities make Battle Ground Village a destination location. Children's. Nature Park Urban Trail System Battle Ground Library BG Farmers Market Document Reproduces Poorly (Archived) "...Cutting edge, greets and a bt~pgif tl se ~nr rierteirly bo~atsing, jobs and shopping, BG t i&ge xs F)*ibolic of'tht, negNo iuest." rj -M{chnel Cirovlo, Mavot of p: -4 THE {AWE V MK r " w H N W f E~ N irk t a` M w v9 w H w ~rF N M SE RASMUSSEN BLVD. ~~.7, 30 C) i I i i Southwest Washington boasts a plethora of recreational opportunities. The natural wonders of the Columbia River Gorge can be explored right in our own backyard. The Gorge, a designated National Scenic area, is a popular destination for windsurfing, kite boarding, hiking, biking, fishing and more. The Pacific Ocean, less than a two-hour drive away, boasts breathtaking rugged shorelines as well as sandy beaches where recreational opportunities include kayaking, kite flying, clamming, fishing and beachcombing. Nearby Mt. St. Helens is Southwest Washington's signature geological landmark offering camping, hiking and cross- country skiing. BG Village builds on this incredible Northwest lifestyle by offering area residents a central place to shop, dine, work, live and play. A _W 4- k E{yw b T~~d~i!©LL c4 The Gold Medal Group, LLC Lea=g The Management Group, Inc. Carmen Villarma (360) 397-0310 Linda Thomas (360) 901-1349 ?Iel al szozcs 1\Tc)w Cipeao - # ilk- c a SEATTLE, WASHINGTON T Q NE 219th St r. W Main St 162 miles s 0 Q TE C) SE Rasmu sen Blvd ssen Blvd ,L Z n o /a^ LU v 199th St n o Ridgefield National BATTLE GROUND W Wildlife Refuge Q 179th St co co a' a NORTH VANCOUVER z MF ~3 s a st z LU a~a z a~ NEON NE Padden Parkway 5 i ~ Q c 'a q Uj uo w z Q s= 500 - NE 4th Plain r Z NE 28th St S K.' .1 1 ~ 01, 1 VILLAGE April 27, 2008 RE: Sunriver plan and text amendments PA-07-6/ TA-07-6 Deschutes County Commissioniers, My wife and I have owned a residence in Sunriver for 18 years. 22 family members and relatives come to Sunriver most every year. They have stayed in condos, rental homes, ranch cabins and the resort lodge. They all come to Sunriver for the relaxed atmosphere and all agree that a large high-rise hotel/ condominium project is out of place for Sunriver. In fact, incorporated towns in Oregon such as Lake Oswego, Beaverton, Hillsboro's Orenco Station, and Tualatin's Commons, all have recently built resident-retail complexes that are 2 to 3 story structures. If a zoning change is made for the core of Sunriver, it should not be for a town center, an urban renewal project or to mimic a Swiss alpine village. It should only be for the character of Sunriver. Sunriver shows its character with people recreating in an open, sunny, natural environment and with its unique geographic location that stands alone against competing resorts. It's structures are designed to blend with, not conflict with it. Sunriver's own design requirements were recently changed so that upper stories are reduced less than the ground floor square footage so as not to give a tall box appearance. I encourage the commissioners to read section 2.01 and 2.08.2 of the Sunriver design rules that discuss maintaining integrity to the forest environment and elevation design criteria. 60 and 75 foot are impersonal, sun blocking, shadow casting elevation heights. The elevation views presented in the conceptual master plan shows 4 and 5 story long tall walls of monotonous condos. If we have to zone for condo structures that are higher than many metro urban areas to corral more people to sit down for a meal, cup of coffee and to shop, there's something illogical. 2 and 3 story 45 foot resident-retail structures that show elevation change, the kind that are built in many urban areas throughout Oregon, would also fit well with a lower profile forested vacation resort, and better match the design guidelines and character of Sunriver. Thank you for taking input on this important issue, Larry and Lois Read EXHIBIT N wk r My name is J 2 n Salzer and my wife came to Sunriver for the first time in 1968 and vacationed here until we retired and purchased a home in 1999. I have been involved in the community, having served on both the Service District Board and on the Board of Directors of SROA. I served as President for two years in 2004 and 5. While on the Board, we c Inc uc~d ~ kmrd based survey of all of our homeowners. ° our homeowners responded. When asked what they would like to see improved in our community, awe percentage said they wanted to see the Mall improved. ova.`, * As President, I attempted to work with DBSI, the owners of the Mall, to see what could be done to improve the mall. I was totally rebuffed by DBSI. They weren't interested in making any improvements in fact, they didn't even do routine maintenance. I bring this point forward because even before Silverstar purchased ,the mall from DBSI, they reached out to the SROA Board indicating a desire to work with the Board to achieve a new Village Mall that the community would support. While on the Board, we began a community wide effort to determine what improvements Sunriver needed to make to remain the premier community in the NW. This e-Mrt 11TL c~~ . We formed four teams with people representing permanent residents, absentee owners, the business community and the resort. Interestingly, even though these four teams were charged with looking at four different facets of the community, each concluded that we needed to do something with the mall. I give you this history lesson because I believe that a large majority of our community has demonstrated over the past five years a strong desire to see the mall improved. If you ask five different EXHIBIT 0 ~-L- 4,j ghtL own ers5what t you'll probably get five different answers. But I believe most would agreed that a zoning change is needed no matter what the ultimate design of the mall ends up to be and ask that you support the zoning change. Thank you. 9Lj4v1 c 4 Q ~ is `n e G~ TC6 'o C 77 ck- o EXHIBIT Q Josie Whisnant 18160 Cottonwood Rd, # 232 Sunriver, OR 97707 Dear Commissioners Daly, Luke, and Melton: April 30, 2008 I urge you to support the rezoning application for the Sunriver Mall as recommended by the County "planning commission." As a native Oregonian, I visited Sunriver from its beginning. My husband and I selected Sunriver as our home after he retired. One of the major factors in our selection of Sunriver versus Black Butte, Eagle Crest, or other communities was the Sunriver Mall. When we first moved here in 1993, the mall was a place like church where you greeted and visited with your neighbors and tourists. You shopped and maybe had coffee at one of the restaurants or in the summer months, ice cream at Goody's. After the post office moved out of the mall; the mall began to suffer. Sunriver Owners have conducted surveys for strategic planning and owners' desires. Improving the mall was always a major concern of the respondents. Previous mall owners promised us a new mall with a theater and other amenities which the surveys indicated the owners wanted. However, these plans failed when the owners did not offer to help finance these improvements. I want a village mall which offers residents and visitors minimum amenities for a resort community. I will still shop in Bend at Costco, the malls, and the Old Mill but I want some retail shops and restaurants in our village mall. I understand that without other revenue to offset the seasonal impact on our mall shops; it may not be economically feasible to have minimum retail shops and restaurants. Previous mall owners did not and could not afford to reduce rents and common area maintenance costs during the winter months. A mixed use zoning with condo residences and possibly hotel rooms appears to be an acceptable method to keep a viable village mall in Sunriver and allow the developer to make a profit and maintain a profit with the right mix of retail and restaurants. We have visited many European villages with mixed use zoning which are ,described in travel ads as unique and quaint places to visit. We own a time share week in Whistler BC, a large beautiful mixed use zoning concept. I have friends on both sides of this issue. I respect people's opinions. However, I know Sunriver is a special place with special people. Sunriver owners have faced difficult issues before apd can overcome differences by compromising and negotiating. Plq#se approve this application and let the Sunriver owners work with the developer to produce a new m;#J which will increase the value of our property and our quality of life. EXHIBIT R ECONOMIC DEVELOPMENT FOR CENTRAL OREGON EXCELLENCE IN BUSINESS DEVELOPMENT April 30, 2008 Deschutes County Planning Commission c/o Deschutes County Community Development 117 NW Lafayette Avenue Bend, OR 97701 RE: Sunriver Mall Redevelopment Proposal On behalf of Economic Development for Central Oregon (EDCO) I would like to express my support for the proposed county code changes being requested by SilverStar Destinations, LLC. When the Sunriver project was developed nearly 40 years ago, it was a unique model in the Pacific Northwest. Up until only 15 years ago, Bend was a place that most visitors drove through in order to get to Sunriver, which was their destination and primary experience in Central Oregon. Over the past four decades, the playing field for visitors and tourism spending has changed, and it is only logical that provisions be made in our development code to allow for a new mix of shops and residential units in the commercial core of Sunriver. We believe the proposed changes to the code will encourage redevelopment by SilverStar that will bring lasting vitality and economic contributions to the Sunriver community- both for visitors and residents alike. In our opinion, the redevelopment of the commercial district in Sunriver is at least a decade behind schedule in effectively vying for todays tourist in an ever more competitive marketplace. The model, which has worked successfully in Europe for a century, is well on its way to being adopted across North America. Destination resort developments in British Columbia, Canada; Idaho, Washington, Utah and northern California - all which have been developed in the past decade - offer a superior "village" experiences for visitors that offer retail, dining and overnight accommodations all within close proximity. The proposed "Town Center District Zone" for Sunriver would be a first step in allowing a thorough and high quality redevelopment of the current mall area, while in no way compromising the rural attractiveness the Sunriver community offers with its 2,000-plus acres and hundreds of thousands of acres of surrounding forestland. Much of the economic diversification and business development success Deschutes County and the communities within its political borders have enjoyed in recent years is a byproduct of Sunriver's impact. Of clients that EDCO is referred to or that contact us directly, we estimate that roughly 70% know the area because they were first here as a tourist, the majority cite regular visits over time to Suruiver, Black Butte Ranch, and Eaglecrest. In order to continue the strategy developed years ago to expose potential new residents and 109 NW Greenwood Ave., Suite #102 Bend, OR 97701 541-388-3236 Fax 541-388-6705 1-800-342-4135 info@a edcoinfo. com www. edcoinfo. com EXHIBIT S s business owners to the region with high amenity resorts, a change in the development code is essential. Thank you for the opportunity to provide testimony on this important project. We look forward to being involved in this and future stages of the process. Sincerely, Roger Lee Executive Director IF YOU WISH TO TESTIFY Please complete this card & turn U'q it in to a County staff person. Name: -.1 ON v--, %{A\Avoslkl Mailing Address: \%goz ~(u2., 'S ~L~-,~ OVL °111 ~b`j Phone s-L\ wy-i E-mail Address: J,4.yw.,or Lam' Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Zb Please complete this card & turn it in to a County staff person. ',,lame: _.1 I r Z-l IL Aailing Address: 'hone d 2' .-mail Address:UAv1&d xvt L~ tua/o. )ate: Wed., April 30, 2008 ubject: Sunriver Mall :edevelopment Project Rezone IF YOU WISH TO TESTIFY O IF YOU WISH TO TESTIFY Please complete this card & turn Please complete this card & turn it in to a County staff person. it in to a County staff person. _ Name: V\, Name: (s~~J R Mailing Address: S"5"c~ , Mailing Address: PQ V3()< 3(42-g -R, 1 1> Oleq~707 _1'S_Lxt4V"1 tei, 0 V2- 9 -1-767 Phone a 7/V Phone 5-q I -Sg 3 3 c~i~ E-mail Address: ceCro+ E-mail Address: Date: Wed., April 30, 2008 Date: Wed., April 30, 2008 Subject: Sunriver Mall Subject: Sunriver Mall Redevelopment Project Rezone Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & tur it in to a County staff person. Name: l~lal ► nj -(2 -I Mailing Address: 1C? ( (0D Co146n Lo 0ad- J4-ZZ-0 s- IF YOU WISH TO TESTIFY Please complete this card & tur, it in to a County staff person. N a m e: PgAA AAM6 Mailing Address: 4i6o ' fl&t,i-f z 7Z Phone #:6G~ - z ~,q / E-mail Address: ,-,or h b,,5 Date: Wed., April 30, 2b08 Subject: Sunriver Mall Redevelopment Project Rezone Phone s 5 3 3242-- E-mail Address: t-&,4e.GCCLP P Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Prc --T-~ EXHIBIT iJ IF YOU WISH TO TESTIFY a Please complete this card & tur it in to a County staff person. Name: Mailing Ad ress: lei, Ca(kaWoo ' l 7d-aL Phone E-mail Address: f e, Date: Wed. April 3d, 20 b8 `om Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & tur it in to a County staff person. Name: S' Mailing Address: Phone 5 E-mail Address:' c.S Q f c; ~ Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & turn a it in to a County staff person. Name: 1. 1c.zLr1_1 Mailing Address: t`°.,,; if;~~!;' ~=€3 1'~_o l _._St.4 0. at y t ,o- Phone (n E-mail Address: ell kv,"I Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & tur it in to a County staff person. Name: ~ U-3 V\Sei" Mailing Address: D . 9,a )c Su t\ r,' V or O 9 `~4 Phone E-mail Addr ss: Car Date. Wed., April 3 , 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & tur a'8 it in to a County staff person. Name: Mailing Address: /,~,i 7 VL7 /P/1 P h 6 h e 5-e) :5 - 2 ,v- 41 ~-7:~ z E-mail Address: h j d --ke Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone /J -7 IF YOU WISH TO TESTIFY Phone E-mail Address yz li. I V9 f Y 1 9 Date: Wed., A n 0 2 0 Subject: Sun V a Redevelopment Project Rezone zQ IF YOU WISH TO TESTIF @ Please complete this card & turn it in to a County staff person. NameL~~ --Bo~ Mailing Address:'g~rz, M q-7-707 Phone c3_ E-mail Address: iboo be- I S CA-k)Q- • C-0-r, Date: Wed., April 30, 2008 Subject: Sunriver Mall Qorloir lnnmc~nt Prniert Re7nnP IF YOU WISH TO TESTIFY IF YOU WISH TO TESTIFY Please complete this card & tur it in to a County staff person. Name: ~c-A 14nJ,< )&0 Mailing Address: x/C7 C7e-4- 1,,6 Phone -6-q s - 73( E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone Please complete this card & tur IF YOU WISH TO TESTIFY & please complete this card & tur it in to a County staff person. it in to a County staff person. Name: (/-4A/2y XC-4,0 Jame: Mailing Address: Mailing ,address: Phone 5-41 - ~ - ~ I u E-mail Address: Lrz_ sAY6~~'yG,yrt hone -mail Address: Date: Wed., April 30, 2008 ~ ) `,m~ Subject: Sunriver Mall ate: Wed., April 30, 2008 Redevelopment Project Rezone Abject: Sunriver Mall edevelopment Project Rezone IF YOU WISH TO TESTIFY IF YOU WISH TO TESTIFY Please complete this card & turn please complete this card & turn ~j~ it in to a County staff person. it in to a County staff person. Name:- 4= ~a1 1,4a me: co7-7- Mailing Address: r~ ::nom J.l)- ,~X 2 c> Mailing Address: supiovuZ 6R Phone phone ~5-q1-S a -1g5 1 E-mail Address: :_mail Address: Date: Wed., April 30, 2008 )ate: Wed., April 30, 2008 Subject: Sunriver Mall subject: Sunriver Mall Redevelopment Project Rezone ~ edevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & turn ~j it in to a County staff person. Name: Soe< U.lo', Mailing Address: Phone E-mail Address: r V~ v r, Date: Wed., A ri30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: a14A( 5-Al-Z&< Mailing Address: Phone ,soli 'J f jy 2~ E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & turn it in to a Cou ty staff person. Name: Mailing Address:-1~0-j-.2,oX 4kS;( SYL Phone E-mail Address: ` Date: Wed., April 30, 2008 r~ Subject: Sunriver Mall_ Redevelopment Proiect Rezone IF YOU WISH TO TESTIFY 0?~ Please complete this card & turn it in to a County staff person. dame: Nwv \t4 v, Aailing Address: / i, I Go co cnn wv~a rJ 'hone S 9.3 g-32y :-mail Address )ate: Wed., April 301 2008 ubiect: Sunriver Mall IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: 4e -I)AV Mailing Address: 7A3 5j -4L ~17 7d -7 Phone 7Ar E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall 2~ IF YOU WISH TO TESTIF ~ Please complete this card & turn it in to a County staff person. Name: a,,r~ Mailing Address: ~ Cy)(ana' U1 qc 5 Phone E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY 3 Please complete this card & tur it in to a County staff person. Name: 7P;~r~,..ce 07,sc~vf Mailing Address: G' o fax Phone 59 3 - 1 (57-1 E-mail Address: l~6or1 w~► rne~~~~ Date: Wed., April 30, 200 ► Subject: Sunriver Mall Redevelopment Project Rezone F IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: 6sG~_ Mai I i ng Address: !o~ ~w Gr,c..tio, SVP-S 10 4e O , cNe 4 7 7 0 Phone See- ~a3c E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone ~q IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: l '1 Mailing Address: Phone E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY aD Please complete this card & turn it in to a County staff person:.- Name: L, " - L. e- c -e-, Mailing Address: J~-o ~c cog Phone E-mail Address: ~~~V Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & tur it in to a County staff person. Name: Mailing Address: -9, Sc,~, 9~1 ~ -7 Phone 9-,Ali~-e>6 q E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY 0 Please complete this card & turn it in to a Count staff person. Name: Mailing Add ss: Phone #:-4-`, E-mail Address: Date: Wed., April 30, 2008 &)M Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY Please coe mplete this card & tur 1 it in o a Count aff person. Jame- Mailing Address: yo rte=, 14(,- 4 'hone - - :-mail Address:c r-,=)~c.~~~ )ate: Wed., April 30, 2008 rte. ubject: Sunriver Mali :edevelopment Project Rezone IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Cf Mailing Address. (Jb q67) S Phone 5t'i3 - roo 29 E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mail Redevelopment Project Rezone IF' YOU WISH TO TESTIFY IF YOU WISH TO TESTIFY Ig Please complete this card & turn Please complete this card & turn it in t a County s a f person. it in to a County staff person. Name: boot dame: Mailing Address: Phone E-mail Address: Date: Wed., April 30, 20M Subject: Sunriver Mall Redevelopment Project Rezone d°~-Vlang Address: . . ~ I 0A phone jGZ Y :-mail Address: NA) )ate: Wed., April 30, 2008 ;ubject: Sunriver Mall Zedevelopment Project Rezone IF YOU WISH TO TESTIFY `7 Please complete this card & tur it in to a County staff person. Name: l<o,;`1`k Mailing Address: P(,) V Dx 466T Phone sj~- E-mail Address: 5'^e,&w4c c ma o%r. c owr Date: Wed., April 30, 2008 Subject: Sunriver Mail Redevelopment Project Rezone Q IF YOU WISH TO TESTIFY Please complete this card & turn it ip, to a County staff person. Name: ~ e-i- Mailing Address: . a , i'- 977e Phone) E-mail A dss: ~ah,6, Date: Wed., April 30, 2008 Sulu ct ' Sunriver Mall. IF YOU WISH TO TESTI F ni Please complete this card & turn it in to a County staff person. Name: I 1 f I' ua Mailing Address: 67 & / 9D ~oL, AAA P11 7'b -e Phone 152 g S760 E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY, Please complete this card & turn it in to a County staff person. Name: LAfIAJ Mailing Address: j a) jLM;,d) UE:J:ff2_-- Phone E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTI F to Please complete this card & tur it in to a County staff person. Name: 0 XQ6/~M Mailing Address: ~Q Phone E-mail Address: Date: Wed., April , 20 8 Subject: Sunriver Mall Redevelopment Project Rezone 10 IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County, sstaff person. Name: '4~' 1 ECG' Mailing Address: 15/2- 6Jtj ~Wzcg /~eTM66 J6o6/C Phone P f Y 4- ( 8 Z Z E-mail Address: /-{~-i~s~►~~~cs ~n Date: Wed., April 30, 2008 ¢ Subject: Sunriver Mall Redevelopment Project Rezone CAF YOU WISH TO TESTIFY ~e Please complete this card & turn it in to a County taff person. Name: ILr5A 1t/- Mailing Address: _ J/ Phone j E-mail Address: ~rlrnK~~ Date: Wed., April 30, 2008 Me' 4,,61 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTIFY 30 r Please complete this card & turn it in to a County staff person. dName: pono VV Odi ~ Mailing Address: ~ g)6 e'*#nrvAxtvA, Phone 241 593 -7177 E-mail Address: <epwiswwoo4 . . Date: Wed., April 30, 200$ Subject: Sunriver Mall Redevelopment Project Rezone ~ IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name:; j j Mailing Address: < Vic, 44 J Phone E-mail Address:. s. t Date: Wed., April 30, 2008 E Subject: Sunriver Mall Redevelopment Project Rezone CIF YOU WISH TO TESTIFYC) Please complete this card & turn it in to a County staff person. Name: 18►LL. `~ACJ6 Mailing Address: C 7 i 1; 1S 77 Phone 7 ?--l' 3 oa n ~~s;,~~S E-mail Address: ';.SrA Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone rF YOU WISH TO TESTIFY turn/ o04lease complete this card & it in to a County staff person. Name:c I,,/? y Iµ Mailing Address: Phone E-mail Address: yv%-~_I . Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone IF YOU WISH TO TESTI F Please complete this card & turn it in to a County staff person. Name: \e\/\ arol A14-cee Mailing Address: ~szb ;c~ ~(aPncFLn i _r ;4)-Ad, D 1 Z23 Phone ~ g ]n E-mail Address: Date: Wed., April 30, 2008 Subject: Sunriver Mall Redevelopment Project Rezone O ✓1" ~q ~OY l cQ vi A a V1 CS2oA Beaf tv~ eo~r l»~ e~raa~ v e c:~~r d ~~c -s (2-o CUr C S 1 `-v ~P► u v - - sO- --VQ n e V"O_ F7 n Y"- e- t Ul- -n- ---~-h ~a~-ne~ l4 --~~v --r-z`r rye x~ - V~ a - - - - c _ r t P AU - ao - ~3l ✓3 -4 1_ VL Ce J o r~cf _ (Wl . b ,A . -G r Y e 0- - r\_O ' EXHIBIT V S _ r3- e Y1 uA~ S4 v1 - no c - a aS F o c-~-Y-~S' ~ J-7 - ___h tea( r,__ Testimony before the Deschutes County Commissioners Wednesday, April 30, 2008 File Number: PA-07-6 and TA-07-6 Subject: Silverstar Destinations LLC requested amendments to the County Comprehensive Plan and Zoning Code to create a set of regulations for a new Town Center district in Sunriver. (When called forward... Distribute folders to the three Commissioners, the Board secretary, and Terri Payne) My name is Larry Weber ...For the past 21 years my wife Susan and I have been the owners of #9 Elk Lane in the Forest Park Village of Sunriver. To begin my testimony before the Commissioners this evening I would like to revisit the commercial core area that is at the center of this proposal before you. In the Staff Report of February 27, 2008 this area is described as: "Currently the commercial core of Sunriver, known as the Village Mall, is planned and zoned primarily as Sunriver Commercial... " In the Consolidated Plan for Sunriver...an instrument which is dated and recorded in the Deed Records of this County and our State in Volume 0113, Page 1158 and following... Sunriver Commercial is defined in Section 3 of the Plan in 3.06 (See page 8 of Plan in your folder) as: "...areas designed for commercial, office, retail, privately owned recreational or other non-residential uses consistent with the Sunriver Master Plan.' The commercial core of Sunriver exists today as it is defined in the Consolidated Plan (Please see pages 3, 4, 8 of Plan in your folder). When owners were surveyed in 2005 as to the needs of Sunriver...we expressed our concerns for the wellbeing of the Village Mall under the conditions I have just read that are set forth on page 8 in the Plan. *J -1 EXHIBIT I Revitalization of the Village Mall was seen to be: 1) the restoration of existing buildings... much like the Resort has done with the Great Hall, The Lodge and Lodge Rooms; 2) the filling of vacant retail space; 3) the enticement of `new' businesses through creative leases that reflect the `peak and off season' nature of a family destination resort; and, 4) for the enticement of `new' businesses for the convenience of the owners, their guests and the guests of the Resort. There is nothing in the owner responses to the Survey that would suggest owner interest, intent, or need to develop residential units within the Village Mall. It was not until February 15, 2008, in one of the largest owner ballot measure responses on record, that Owners were able to `reaffirm this vision to revitalize the Village Mall' when nearly 1500 Owners said NO to the Sale of Common Areas in the commercial core and to any changes in the Consolidated Plan. It has been widely published and in testimony before the Planning Commission and you...that our Board of Directors represents the Owners Association in this matter before you. I would suggest that after the Owner Vote of February 15, 2008 The Board of Directors can no longer retain that posture in light of the outcome of the vote. Further, I am of the opinion that our Board entered into an agreement with Silverstar LLC on December 18, 2006 (See Board Discussion Minutes 12/18/2006 in your folder) to promote this proposal under the misguided pretense from the Board President that: (I quote from the minutes of that meeting): "Now it is the Board's job to look at each component and decide what is best for Sunriver. " The Board President failed to bring to the attention of the Board Members that they also were entrusted to follow the wishes of ALL owners, as voting members of the Association, and to abide by the Governing Documents of our Association (Please see SROA Orgchart revised 10/07 and Non-Residential votes from Plan in your folder). W -2- And, yet in spite of the Board's best efforts to sell owners on this proposal through the hire of a public relations firm; control of the owner monthly newsletter the Sunriver Scene; and the use of SROA employee resources... the Board was unable to muster 60% of our owners to buy into the concept of altering the Village Mall from the Commercial intent as described in the Consolidated Plan that has made Sunriver the premier family destination resort that it is today! And, recognized by USA Today (Please see article from July 2007 Scene in your folder) as one of "10 great places to link up with your family" and one of only three western U.S. mainland locations listed. (Mlyw.usatoday.com/travel/destinations/101!reat/2007-06-07 ) In the Staff report of February 27, 2008...your staff writes, "The controversy is over whether this specific proposal is the best way to Achieve redevelopment." The staff goes on to identify the issues that remain a controversy: The height, density and form of development is out of scale for Sunriver The height, density, and form of development will have an impact on the environment... The height, density, and form of development will have an impact on the quality of life... Green space and or open space are not required... Traffic and parking issues have not been adequately addressed, especially for the workforce needed to maintain the intended development... Fire, water, and sewer needs have not been adequately addressed And, the existing resort recreational facilities, such as pools, and bicycle paths are already over crowded and the amount of new residential units will make this problem worse W-1 As an owner, I find this most unnerving... here we are in April 2008 after 8 months of testimony on this proposal; after the developer has offered up minimal changes; and after the Planning Commission required additional changes, and after an owner vote of NO on proposed changes to create a Town Center District in Sunriver... these issues remain, as reported by your Staff. The request before YOU this evening for a policy decision remains a controversy! A suit pending in the Deschutes County Court on 3.06 of the Consolidated Plan has the parties, the SROA and Silverstar and a Sunriver owner agreeing to non-binding judicial mediation. If a settlement is reached it most likely will be one that is acceptable to a majority of the owners on both side of the redevelopment issue. This would substantially simplify these County proceedings; diffuse the current "controversy' over this proposal here in Sunriver; and unify the Sunriver Community (add this to defuse some tension ...if needed..."just in time to use our clubs on the golf course and not each other!") Therefore, any policy change at this time would NOT be in the best interest of the public or that of the Sunriver owners. If however, you must make a policy decision before the outcome of the mediation, I encourage you to deny the requested amendments in their present form to create a set of regulations for a Town Center District in Sunriver. To conclude my testimony, I leave You with copies of two Height Documents from the public record (Please see Height drawings submitted by Silverstar in your folder) which I found buried within the 8 months of public testimony on this proposal ...and after viewing these documents I ask the question, "Is this a fit for Sunriver, a 2007 USA Today 10 Best Family Vacation Destination?" Thank you for hearing my testimony this evening! Attachments: (In order of presentation in the Weber testimony folder) 1) Consolidated Plan for Sunriver (revised: August 2003) pages 3, 4, 8, 2) SROA Board of Directors Discussion Minutes-December 18, 2006 3) SROA organizational chart revised 10/07 4) No-Residential Votes-Exhibit B from Plan 5) Copy of USA Today article in Sunriver Scene July 2007 4) Silverstar LLC height document-from the public record-not dated 5) OZ Architecture proposed height calculation method-11.02.2007 W-1~- FOREWORD Sunriver is a two phase development located in Deschutes County, Oregon. The Plan of Sunriver dated June 20, 1968, was recorded in the Deed of Records of Deschutes County in Volume 159 at Page 198 and following. At the time of this writing, Sunriver Phase 11 is under development pursuant to a document entitled Plan of Sunriver Phase 11, dated June 4, 1976, and recorded in the Deed Records of Deschutes County Volume 233 at Page 831 and following. The real property subject to such plans is described in subsequent declarations subjecting areas to such plans. The owners of each phase of the development have the right to use common areas and facilities in the other phase and the responsibility to share in the costs of maintenance of centrally operated facilities, pursuant to a Reciprocal Easement Agreement dated June 24, 1976 and recorded in the Deed Records of Deschutes County in Volume 233, Page 823. The Developer and the owners of units in both phases of development in Sunriver wish to consolidate the respective plans into a unitary development under a single plan. This document shall be the comprehensive plan for all of Sunriver and shall become effective on the first day of the year following its adoption or on the fast day of the calendar quarter following its adoption, whichever should first occur. On such effective date the Plan of Sunriver and the Plan of Sunriver Phase II shall be amended and superseded by this Plan and the Reciprocal Easement Agreement shall be terminated. The new plan shall be known as the Consolidated Plan of Sunriver. It shall contain, among other things, conditions which shall subject portions thereof to certain easements, restrictions, assessments, liens and covenants. Replacement of the original Plan of Sunriver and/or the Plan of Sunriver Phase II shall in no way abrogate the previously recorded deed restrictions or their declarations. Sunriver is a planned community comprised of interrelated villages containing homes, condominiums, recreational, shopping facilities and a resort complex located on 3,373 acres of high desert, meadow and thickly forested land in Deschutes County, Oregon. From the effective date of this Plan the Administrator will assume full responsibility for the management, maintenance, pro echon an preserva ion o unnver as ou ine in its Articles of lnco-morution and under the C AN OF SUNRIVER. From its inception in 1968 the intent of the planners, ecologists and developers alike was to create a communiti wnicn would provide an unusually attractive place to live, appealing especially to sports _enthusiasts, outut oorsinen, re irk ees artists and others attracted to a controlled area of natural scenic beauty. The clear clean air, the river, a aver banks, the meadows, a mars es, the a es, a trees, the wi dflowers an wi ife constitute a community treasure. Open areas provide rod vistas o national ores an high C ascade Mountains. Ecological vigilance has been a mayor concem since the beginning of planning. Residential areas in Sunriver are identified within villa es, each with its own declarations and restrictions as to use of property. The villages are verse in c aracter. Some were designed for single family dwelling purposes; others for condominiums or ui ngs suitable or multiple fame y occupancv. sti others embrace a mixture of Those living in Sunriver may enjoy many advantages on a relatively economical basis since provision has been ma a for share costs ommon recreationa an service facilities. Common areas are provided within the villages for use by all residents of Sunriver and their gues s. pecial recreational facilities suitable for common use, with or without charge, are established in some common areas. Provision for and maintenance of strict standards for the improvement of private areas within Sunriver assure that property will nave maximum va ue or those who acquire it. By requiring proper maintenance of improvements and grounds within private areas, deterioration of any individual property is prevented. Quality of life is enhanced by underground utilities, television cables and sewer. Funds for the maintenance of the common areas, private ways, leased scenic areas and community property recreational and service areas are provided through payment by each property owner of his share of the monies needed for the maintenance of such areas. The community's administration is similarly funded on a pro rata basis. The community's fire prevention and protection, security, law enforcement, emergency medical and ambulance services are provided by the Sunriver Service District and funded through an ad valorem tax base. Revised: August 2003 0-0\1S01-AQ`ea~1~1y~-.. 0f 32 S The following is the CONSOLIDATION PLAN OF SUNRIVER SECTION 1 DEFINITIONS Set forth herein are definitions for certain terms used in the Consolidated Plan of Sunriver. 1.01 Administrator of Sunriver and Administrator shall mean the Developer until such time as the Developer has delegated and assigned to the Sunriver Owners Association all of its powers and responsibilities hereunder as provided in Section 9.01 herein. 1.02 Appeals Board shall mean the body designated to hear appeals from Sunriver Design Committee decisions, the membership of which shall be as set forth in Section 8.05 herein. 1.03 Commercial Area shall mean any area designated as such in a Sunriver declaration as provided for in Section 3.06 herein. 1.04 Commercial Property Owner shall mean the person or persons who hold legal title to any parcel of property esigna a as a commercial area, unless provision is made in a Sunriver Declaration applicable to a commercial area to the effect that a lessee or other person entitled to possession of the commercial area shall be the commercial property owner, in which case the person so designated shall be the commercial property owner. Where a commercial area is owned by more than one person, the designation "commercial property owner" shall be deemed to apply to all such owners collectively. 1.05 Common Area shall mean any area designated as such in a subdivision plat of a village or in a Sunriver decTarat on 1.06 Condominium shall mean any property submitted to unit ownership in any manner provided by ORS 94.004 et. seq., or its predecessor, as such statutes may be amended from time to time. 1.07 Consolidated Plan of Sunriver shall mean this instrument which is dated and recorded in the Deed Records of Deschutes County, State of Oregon, in Volume 0113, Page 1158, and following 1.08 Design Committee shall mean the committee appointed pursuant to the provisions of Section 8.02 herein 1.09 Developer shall mean Sunriver Properties Oregon, Ltd., successor to Sunriver Properties, Inc., and its successor and assigns. 1.10 Guest shall mean any person other than a unit owner, who is authorized to occupy a unit with the direct or implied consent of the unit owner. 1.11 Leased Scenic Area shall mean any area in Sunriver owned and held by the Administrator for the benefit of residents of Sunriver as provided in Section 3.09 herein. 1.12 Maintenance Assessment shall mean any assessment imposed in accordance with Section 7 herein. 1.13 Maintenance Fund shall mean the separate fund comprising all money collected for maintenance assessments together with all other monies added to the maintenance fund pursuant to the provisions hereof or any Sunriver Declarations and held in trust by the Administrator to be used solely for the purpose, listed in Section 7.04 herein. 1.14 Owner shall mean each unit owner, commercial property owner, and resort property owner as the same'-'are defined herein. Revised: August 2003 tt ~ 'C (r'OC' _ ~ , Of 32 COr.Sb~.c ~1?~# rwQ~, WI -,fo be required to act in the collective best interest of members of SROA. No such dedication shall be deemed to arise by implication or by use, but only by an instrument of express grant or dedication duly filed in the Deed Records of the County of Deschutes, State of Oregon. Any other use, development or modification of common area requires the prior written consent of the Administrator. Notwithstanding anything to the contrary herein contained, however, the Administrator shall not construct improvements or perform work of capital additions to or alterations in common area, requiring an expenditure from the Maintenance Fund in excess of ten thousand ($10,000) dollars without prior approval by vote of not less than sixty percent (60%) of the votes cast by owners, other than developer owned units so long as Developer is the Administrator. Common areas shall be reserved in perpetuity for use of the owners except as herein otherwise provided. The Association may convey any portion of any common area to an owner of any resort area or commercial area subject to the Consolidated Plan of Sunriver, or to a village association subject to the Consolidated Plan of Sunriver, provided that the Association shall receive as consideration an equivalent parcel of property based on value and, further provided that any such conveyance shall be approved by the same number of members of the Association as required to approve any capital expenditure in excess of $25,000 as provided in Section 7.04 and that no less than 60 percent of the votes cast by the unit owners in the village in which the common area is located also approve such conveyance. 3.05 Limited Common Areas. Limited common areas are areas so designated in a Sunriver Declaration subject to non-exclusive use by owners of units benefitted by the limited common area so designated on such declarations. The costs of maintaining all limited common areas shall be assessed solely to those units which have the right to use the limited common area. In all other respects, the limited common areas shall be treated as common areas hereunder. 3.06 Commercial Areas. Commercial areas are areas designed for commercial, office retail, privately owned recreational -or other non-residential uses consistent with the Susiver Master Plan. Restrictions on and rules and regulations governing the use of commercial areas shall be set forth in the unnver ec aration use to su mtt a area to a onso i e an o upriver. By accepting a deefilTf7e se o a commercta area within unnver, a grantee s a e eemed to have covenanted t o a wilt' an penmt use o e ro ~!Fy Y m accordance with and that he wi a i e y and cause a ose w o come upon his remises to abide b the restrictions covenants an conditions con me m e onsolidated Plan of Sunriver, in the applicable upriver Dec aration an m e an amounts proviaea ror in the t_;onsottaatea Flan of 5unnver and7fn such 5unriver Declarations, and/or in such other agreement en ere into or reimbursement for consumer services. He further agrees that his property will be subject to a lien or liens provided in such instruments. The Administrator of Sunriver will be responsible for the enforcement of such restrictions. covenants- 3.07 Private Recreational Areas. Unit owners or groups of unit owners may, at the discretion of the Administrator, be permitted to use portions of the common area to develop facilities such as a swimming pool or tennis court for private use upon terms and conditions hereinafter set forth. The Administrator of Sunriver may lease a portion of the common areas to which he has title to a group of not less than five unit owners who wish to develop the same for their private recreational use, subject to the following conditions: a. Any such lease shall be first approved by the Board of Directors of the Sunriver Owners Association. b. Rental income pursuant to the lease must be added to the Maintenance Fund. c. Not more than ten percent of the common area in any village may be so leased at any one time. d. The lease shall provide that the lessees shall use the leased area solely for the development of a recreational facility thereon for private non-commercial use of the lessees. Revised August 2003 C8 of 32 vN --7 04/23/2008 09:24 PRESENT: STAFF: 5415935669 SUNRIVER OWNERS ASSN SUNRIVER OWNERS ASSOCIATION ROARID OF DIRECTORS MEETING December 18, 2006 Discussion Minutes PAGE 01 Bolin, Brannan, Day, Hartung, Pitner, Thatcher, Thomas press Chapman, Peck, Snavely N(3 Gwa-% President Hartung called the special Board meeting to order at 3:00 pm. SILVERSTAR DESTINATIONS AGREEMEN-T Barbara Wade, negotiating team leader. recapped the negotiating process and provided highlights of the agreement and zoning language. She said the purpose of the negotiating team was not to make the negotiations a match of wits, nor to keep score. Negotiations were based on a number of assumptions: 1) redevelopment of the mall is good for Sunriver, 2) it is what owners want (meets recommendations of. Sunriver Strategic Plan and few negative comments have been heard), 3) SilverStar's proposal is the only project on the table, and 4) Bill Peck had the most contact with SilverStar personnel and had developed a level of trust in the project. However, the negotiating team was mindful of potential problems that might arise, such as SilverStar not developing the project and just selling it or parceling it offs'. Or the market might sour, and SilverStar fright not complete the project or take forever to do so, or even end up in bankruptcy. So, numerous safeguards are built into the agreement: 1) a development plan must be submitted and approved by SROA, 2) 50% of the site must remain as open space, 3) only 30% of the site can be exclusively residential. 4) a minimum amount of retail space is specified. 5) ground level residential is restricted to 50% in mixed use buildings, 6) the project is subiect to Design Committee review, 7) each development phase must include retail in addition to residential, and 8) the overall residential density is limited to 22 units per acre (approximately 583 units). The market place will also constrain the developer as the development must be acceptable to the public if they are to sell their product. Barbara then went through the agreement and zoning language pointing out significant features and places where changes had been made since the Board last reviewed the documents. Director Brannan moved that we adopt Exhibit A for the Town Center District as submitted. Seconded. President Hartung said the negotiating team had done a good job coming up with an agreement that will allow SilverStar to proceed. Now it is the Board's job to look at each component and decide what is best for untiver- Director Pitney said she is not sure she is comfortable wit t e ro ect, especia e buildin_,_e heights. Director 'What eras t e negotia mg am ow comfortable it is with the zoning tan a for any development that might happen at the site. Barbara replie tat the zoning is almost impossible to do without reference to a design. Ron replied that any developer will need return on investment to drive up the quality and we cannot have a redeveloped village without residential. If we want 50%n open space, then the development must go up. The proposed ridge heights permit the developer to take the risk while preserving open space and having the protection of the Design Committee. Director Bolin moved to amend the main motion to amend Section J_to_limit residential to 17 units per acre, or 450 units total. Seconded. Director Thomas asked why 17 units? 450 units is only a number; I can support 583 units. irector y~- Bolin responded that the protect will overstress the infrastructure. People bought in Sunriver because Sunriver Owners Association 1 Board of Directors Meeting 1 li~ 12/18/06 as mQ~„~Q t IYIRII. ~(~.1 pti 04/23/2008 09:24 5415935669 SUNRIVER OWNERS ASSN PAGE 02 the like it the way it is. 583 units will irretrievably change the character of Sunriver. Director Hartung commented at the real issue is how many bedrooms would be built but that is difficult to address through zoning. Director Day said the difference between the two numbers is 130 units. Will this many additional units stress the system? If we reduce the units, the developer might go back to a project that includes only the DBSI property. Director Brannan said that if you restrict the number of units to 450, they will be bigger and you will lose the mix of prices and people will be priced out. Director Hartung said this is going to be very important to Sunriver and we will need to give attention to the infrastructure. The project will generate some funds to accommodate improvements. Direc_ for Pitner said the b- uilcgi'n-g heights in the projects used to illustrate SilverStar's vision were in scale with their ? m_ountai etttng. u~ me heleht others cr t e most and she is concerned about how the project was ` presented with so little information. Director Bolin asked why there are no restrictions on bedrooms or square footage? Director Hartung asked the negotiating team what they would do if they had more time. Barbara replied that a deadline can be a good thing for negotiations and that you need a level of trust as we had in the property exchange with the Resort even though they were new in Sunriver. Director Pitner responded that Lowes had experience. Director Naming stated that historically we like to see things laid out in detail before we make decisions and we are operating with more ambiguity and risk. He would have liked to have seen more detail, although he does not believe it was withheld from us to deceive us, but that SilverStar simply did not have the information. Barbara pointed out that the answer to the lack of detail was to build in the safeguards. Director Thomas said maybe the height is not right or there are too many people, but we only have one option. Director Bolin said that if these zoning changes go through, developers will be standing in line. Director Hartung said we can say no. but we risk losing this developer. The motion to awrid the main motion was defeated. Directors Brannan, Day, Pitner, Thatcher, Thomas opposed. The main motion was approved. Directors Bolin and Pitner opposed. Director Thomas moved adoption of the ai►reement between SROA and SilverStar Destinations as modified in Section 1.2 to include the comprehensive plan map and zonins map. Seconded, approved. Director Bolin opposed. OTHER BUSINESS The Board discussed a letter received from Sunriver Resort LP asking SROA to remove restrictions placed on Resort property during the 1994 land exchange. Barbara Wade commented that the voters approved those use restrictions along with everything else in the voter's pamphlet and we will have to go to the owners for another vote. She recommends that the development restriction on 112 acres along the river should remain. Director Day said we are changing zoning only because it will add value to the community and is afraid adding the Resort issue to the ballot will. jeopardize both issues because it will be too complex. Director Hartung said the Resort will need to let us know what they want to do if the restrictions are lifted. Steve Runner, Sunriver Resort Director of Development Planning & Construction, said the zoning changes increase the value of the commercial property and SRLP property is devalued. Linkage is necessary to make sure one does not happen without the other. Director Hartung asked about the relationship of the Resort with SilverStar Destination. Steve replied that there was no formal relationship at this time. Sunriver Owners Association 2 Board of Directors Nleetin 12/18/06 ZJIxA +cS0ZC`~'D 1Y1~ t %3C-ti8 o~) p lq 3 w -'I 04/23/2008 09:24 5415935669 SUNRIVER OWNERS ASSN PAGE 03 Adjournment: The speciaJ Board meeting adjourned at 5:35 p.m- Respec lly Submitted, 44 _ 4-xlwV'- Kathie Thatcher, Secretary `--j Sunriver Owners Association 3 Board of Directors Meeting ~~nt UV~ ~Z,~~f7~, 12/18/06 1 spw 3 W .-1 D EXHIBIT B - Non-Residental Votes Pursuant to Section 10.02b. of The Consolidated Plan of Sunriver, each owner of a resort area or a commercial area shall be entitled to the number of votes that are appurtenant to the following described parcels of real property: 1. Sunriver Resort: 29 votes (Resort Property) 2. Sunriver Country Mall Developed: 3 votes (Commercial Property) 3. Sunriver Country Mall Undeveloped: 1 vote (Commercial Property) 4.2 Country Mall: I vote (Commercial Property) 5. Sunriver Utility Co.: 1 vote (Commercial Property) 6. Trout House: 1 vote (Resort Property) 7. Chrome Pony: 1 vote (also referred to as "Mall Developed (Parmenter)" (Commercial Property) 8. Racquet Club: 1 vote (Resort Property) 9. C(2) Tract "A" Deer Park 1: 1 vote (also referred to as "Commercial (Audia)"(Commercial Property) Recorded pages 0113-1215 to 0113-1257 not herein printed include legal descriptions of properties. Said legal descriptions. and pages are available for inspection at the Sunriver Owners Association office or at the office of the developer Sunriver Properties Oregon. Ltd. Revised: August 2003 31 of 32 *3-t i SUNRIVER OWNERS ASSOCIATION PROPERTY OWNERS GOVERNING DOCUMENTS BOARD OF DIRECTORS DESIGN COMMITTEE DELEGATES ASSOCIATION DELEGATES ENFORCEMENT APPOINTS COMMITTEES $l MANAGEMENT AND APPEALS COMMITTEE MEMBERS GENERAL MANAGER APPEALS BOARD COMMITTEES Bill Chapman MAGISTRATE Volunteer Coordinators JUDICIAL COUNCIL Communications Community Planning DEPARTMENTS PLANNING & ADMINISTRATIVE SERVICES Covenants Bill Peck Accounting/HR Election Pete Nielsen DEPARTMENTS Environmental Communications Finance Brooke Snavely Administration Nominating Public Works Community Development John McKenzie Hugh Palcic Recreation Recreation Environmental Public Affairs Leigh Anne Dennis Patti Gentiluomo Public Safety Public Works sroa_orgchart rev. 10/07 communications W -1 'L- •o bi r. 1 ~ ~ ry z~ N ~ O ~ ~ ~ ~ 1 ~ p O O N i xU A " O t-0 cr C) 0 t;; Go ef S-'94 ~l p t3- to AA En o ~R O [o o • • I ro y' P- ra P- .p^ ~ 0 ' - . n o rn `c CD ~5 70 1313 1313 1:30 13 13 1:113 1313 0 13 1313 Road Surface ,o1 1313 1313 Natural Grade 0' Existing Home 70'- Apparent height of building from existing forme 70' - Height of building from natural grade 65' - Height of building as calculated under current code 60' • Height of building as calculated under proposed code w -tq H ~ S Le D O C r N y O O A D ~D ~l G 7 C --j O ~ o z rnO p m w mn N x 70 N rg rn D_ m z - o z cZi z a z =1 = n C ) oy e5 > D ED C, s. T _ Nar^- Z O O C - v 00 -1 ~'zmD r D N O V O> I l OO n Nn O V n m o z O m m Sc~-mi Oho FT-1 A A y A m m amp ° c O r n w o CD i0 aom~ N C 60'-0' MAX. < 10'-0' n ~0 S ° 0 S m m N < m N m r x n m o m z o D 00 ~ s o OD C it Z o m S cn m m :X) N 0 10'-0' 60'-0' MAX. m m m r Z n n x D O ~ N < y0A m!'I ao r- D w m to Q >o z C, m ru D ~-1 °mZZ FTl N O Z m y 0O N N (m /1 ~ ~ m ~ _ O O Z Dr 0=1 1 1 1 1 1 O 1 I D ~ O ~ O m Page I of 2 You replied on 4/29/2008 4:09 PM. Larry Weber - From: Roger Smith jr Some Tue 4/29/2008 4:00 PM To: Larry Weber, j MOW cc: Subject RE: Future Man hearing? Atltachments: Larry, I think you have "hit the nail on the head'! Well done and only wish that we cord! be there tomorrows nigh We are down in California to attend our daughters Masters Degree Graduation on Saturday. Hope the commissioners get "our' message. Roger & Patty SnM 2 Lodgepole Ln Sunuiver .s 1AIJ4 STRATEGIC PLAN EXECUTIVE SUMMARY Sunriver community strategic plan findings announced; public forum planned zGD6 Forum to be held Saturday, January 14 at 2 p.m. at the Pineland-Pathfinder room at the Sunriver Lodge. Free admission. „4eIn October, 2004, SROA and eight vacation rental property management companies launched a joint Sunriver strategic planning process. The plan was to assess the current state of the Sunriver community in a changing economic environment in which the supply of quality resort-based residential and second homes is expanding, and vacationers have many more options to consider for resort-based vacations. The goal was to ensure that Sunriver is positioned to retain strong property values and equity growth. SROA and its vacation rental manager partners formed a steering group to oversee the strategic planning process. The group developed a scope of work for the community assessment and selected the Robert Charles Lesser Company to assist with the assessment. Company representatives Bob Gardner and Neal Tsay visited Sunriver and interviewed individuals representing various aspects of the Sunriver community. They also visited and analyzed a set of competitive communities. Lastly, they analyzed demographic and real estate data from many sources. The steering group has received the final report from the consultant including a number of recommendations for improvements to the community. The Executive Summary of this report is printed below. The Summary has also been posted on the SROA web site (www.sunriverowners.org). You may check out a copy of the entire report from the SROA office. Gardner and Tsay will be in Sunriver on Saturday, January 14, 2006 to present the results of their study and to answer questions. The steering group will also be present to discuss a process for developing a Sunriver Community Strategic Plan. The strategic planning kick-off meeting will be held in the Pineland/Pathfinder room at Sunriver Lodge at 2 p.m. The steering group and SROA Board of Directors cordially invite you to attend, to share your ideas, and to help them plan for the future of Sunriver. Background and objectives Robert Charles Lesser & Co., LLC (RCLCo) was retained by the Sunriver Owners Association (SROA) to evaluate and determine action steps that SROA should implement to improve its competitive positioning and enjoy continued growth in property values. First opened in 1968, Sunriver is a well-established destination resort in Deschutes County and is the most recognized resort in Central Oregon. Currently, Sunriver features 3,800 housing units with approximately 20% full-time residents, with the remainder of units comprised of second/seasonal homes and vacation rentals. Facilities on site include a 240-room lodge, three golf courses (including Crosswater) and extensive recreational amenities. SROA engaged RCLCo in response to an increasing amount of resort and residential competition within Central Oregon, as well as a lack of growth in rental property revenues over the past five years. The primary objective of this engagement was to provide strategic and marketing recommendations, as well as recommend physical improvements, that SROA should undertake in order to improve its competitive position moving forward. The following analyses were conducted to achieve the stated objective; EXHIBIT P r t ~ J• i • Locational analyses for Sunriver; • Economic and demographic analyses for Deschutes County; • Demographic analyses of Sunriver's traditional source markets; • Housing market trend analyses; and • Comparative analyses of Sunriver versus selected competitive communities in the region and in the Northwest. This Executive Summary summarizes our key findings and recommendations under this engagement. Key findings • Sunriver's location is strongest as a second home/resort community. Based on a locational analysis for multiple residential types (primary, second home/resort, and retirement), Sunriver scored 400 (out of a maximum 500) as a second home/resort community. Sunriver also scored strong as a retirement community (376), and scored weakest as a primary home community (315). The analysis took the following locational factors into account: regional location, access, major highways and transportation, airport, terrain and natural features, climate, historic charm and local character, tourist destination, social and cultural outlets, natural and recreational amenities, shopping facilities, medical facilities, educational opportunities, and tax conditions. - Among Sunriver's greatest strengths are its tourist destination qualities, natural and recreational amenities, and natural features (scenery). - Among its major weaknesses are: the character of its retail facilities, educational opportunities, lack of historic charm or local character in its built environment, and medical services. • The Deschutes County economy is well poised for employment and household growth. The County added 2,000 jobs per year on average between 2000 and 2004, despite a national economic recession. Approximately 1,850 households per year are projected to be added in Deschutes County over the next five years. Over half of in-migrants to Deschutes County are from out-of-state; the top five metro areas of origin are Seattle, Los Angeles, San Diego, Phoenix, and San Jose. • Households aged 55 and over represent the best opportunity for Sunriver to attract more permanent residents. Of the household growth that is expected to occur in Deschutes County over the next five years, over 60% of household growth (through a combination of households aging within the County and others migrating to the County) will be aged 55 and older. Meanwhile, strong growth in this age group has allowed Sunriver to maintain its permanent resident levels; there are enough households aged over 55 moving into the County to offset any permanent residents that may have left Sunriver in favor of Bend or other locations. • Source market households (including vacation home renters and potential second home buyers) are stagnant in the key family-aged household brackets. Since 2000, every metropolitan area in the State of Oregon (including Corvallis, Eugene, Medford, Portland, and Salem) lost households aged 35 to 44, which is largely comprised of family households with children. This indicates that the recent trend of rental property revenues remaining constant may be due to fundamental weaknesses in source market demographics. • Salem represents a strong source market for attracting family-aged households. Based on household projections between 2005 and 2010, the trend of little or negative household growth in key family-aged household brackets is expected to continue in each of these metropolitan areas, with the exception of Salem, which is projected to add nearly 1,100 annual households between the ages of 25 and 44 over the next five years. Sunriver is well- positioned to attract an increasing number of households from Salem, which is approximately one hour closer to Sunriver than Portland. - More competitive options exist in the Central Oregon market for second home/resort product. The housing market has reacted appropriately to demographic trends by offering upscale second home/resort product aimed at pre-retirees; such communities include Pronghorn and Brasada Ranch, as well as a handful of destination resorts currently in planning. - Vacation homes remain the preferred type of accommodation in Central Oregon. Central Oregon and the Oregon Coast are both markets that have earned much more than its fair share of tourism dollars in the form of vacation rental income. While concern has arisen over the increased supply of hotel rooms in Bend, this increased supply is likely a market response to employment and household growth in Bend, and not due to shifting preferences of accommodation types for Central Oregon visitors. - Home prices have enjoyed healthy appreciation rates at Sunriver over the past few years. Sunriver is the highest priced submarket in Deschutes County, and the median home price at Sunriver increased 36% between 2000 and 2004. Appreciation rates at Sunriver have been inconsistent relative to other Deschutes County submarkets, but stronger than home values in the Portland metropolitan area. - Black Butte Ranch and Eagle Crest are likely to remain Sunriver's primary competitors. These communities are most similar in terms of age, scale, and destination resort qualities. Broken Top and other new home communities west of Bend serve a predominantly primary home market, which Bend is better positioned to capture. Brasada Ranch will be higher priced due to the newness of the residential product, and the community expects few rental homes outside of the cabins through which it fulfills its destination resort zoning requirements. Suncadia predominantly targets second homebuyers from Seattle and gets few (if any) buyers from Oregon. Recommendations Strategic and Marketing Recommendations - Sunriver should increase permanent resident demand by responding to the demographic changes. Retirement will be a major purchase motivator for households moving to Deschutes County, and therefore retirement-aged households will comprise the majority of those purchasing homes. Currently, Sunriver has a lower proportion of full-time residents relative to similar resort-oriented developments in Central Oregon. Housing demand from this segment will help increase the levels of permanent residents and allow home values to continue to increase. Sunriver is well positioned to capture many of these households, as the existing housing stock includes a large proportion of single-level and smaller units (1,000 to 2,000 square feet), as well as lower maintenance condominium units, all of which are attractive to this segment. - Sunriver should increase rental demand by deepening and expanding its source markets geographically. Within Oregon, focus should be placed upon Salem, which is expected to experience healthy household growth numbers in key age segments (family-aged households with children). Large west coast metropolitan areas outside the Pacific Northwest also represent viable markets, as evidenced by the in-migration of households to Deschutes County from places such as the San Francisco Bay Area, Los Angeles, San Diego, and Phoenix. Sunriver would provide value and a unique vacation experience to visitors from these areas - these markets tend to have higher incomes than metropolitan areas in Oregon, and the unique scenery at Sunriver fulfills the romantic or idyllic vision of Oregon inherent in many residents of the and Southwest. - Physical improvements should cater to 55+ households. With extensive amenity offerings on site, Sunriver has many of the elements that highly appeal to the "active adult." What Sunriver lacks for this market segment is a central gathering place and social programming. Other weaknesses that need to be addressed in order to improve the attraction of this market segment include access to medical (either bringing an increased medical presence to Sunriver or improving access to existing facilities elsewhere), retail character (improving the look and appeal of the retail on site), and educational opportunities (inviting. speakers, holding seminars, etc.). A previous owners survey indicated that few current second homeowners at Sunriver planned to use their home for eventual retirement; with these improvements, more current owners may decide to retire at Sunriver. - Consumer research should be conducted to gain a better understanding of the Sunriver customer. This form of research is critical to improving Sunriver's draw to potential full-time residents and families seeking a Central Oregon vacation experience. Implementing the knowledge from these surveys would enable Sunriver to improve its competitiveness and sustain property value growth. We envision three surveys. - Permanent Residents. The first would be an entrance survey may be given to new homeowners to better understand their profile, purchase motivations and expectations. The second would be conducted among recent Central Oregon buyers outside of Sunriver to determine what factors led them to choose another development over Sunriver. The first is an easier survey to conduct, as the new owners are on site and typically would be expected to share their purchase motivations and insights. The results of the first survey or both surveys would enable Sunriver to modify its marketing messages and gain internal support for new physical improvements that would heighten its attractiveness as an active-adult community. - Vacation Renters. Sunriver vacationers represent a known group that can easily be surveyed. A follow-up survey should be sent to the households after they return to their primary homes to determine if Sunriver has lived up to their expectations. The results of the survey, which should be repeated every year, would strive to gauge the renters' experience and those activities (soft programming) and physical facilities that would heighten the experience. The surveys should inform as well about competitive locations that Sunriver vacation renters have experienced and may consider in the future. - Potential customers can be found through psychographic analysis. By conducting psychographic profiles of homeowners and vacation renters at Sunriver, areas with high concentrations of target psychographic segments can be identified. For example, through Stanford Research Institute's Values and Lifestyles (VALS) survey, GeoVALS may be utilized to identify specific ZIP codes within traditional (Oregon) source markets or new source markets (other metropolitan areas) with potential Sunriver buyers/renters. Physical Improvements - Community Center. Sunriver currently lacks a central gathering place for the members of its community; as mentioned previously, it will also be critical to provide a center of activity for active retirement-aged residents. The community center should feature meeting or gathering rooms, as well as larger, flexible multi-purpose rooms and a catering kitchen. The center should also serve as a primary hub for soft programming (events, coordinated activities, etc.). • Covered Pool. The lack of a covered (or semi-indoor) pool facility at Sunriver will be a competitive disadvantage if not provided. Eagle Crest recently completed a covered pool facility,while the owners association at Black Butte Ranch also recently approved a brand new covered pool complex as part of its capital improvements initiative. • Signage. Currently, Sunriver lacks a consistent `look and feel' in its signage. In addition, the look of many of the current signs is outmoded, and the entry statement and community gateway in particular does not create the appropriate sense of arrival for a desirable community. The signage at Sunriver should be modernized and made consistent throughout the community in order to better tie the community together with a certain look and theme. • Retail Facilities. The large scale of Sunriver provides a competitive advantage, i.e., the ability to offer a substantial retail component on-site. However, that retail component is plagued by high vacancies, a lack of character, and generally detracts from the overall quality of the community in its current condition. The retail should be reprogrammed in order to promote placemaking at Sunriver, create an attractive gathering environment, and give residents and visitors a pleasant shopping experience. • All other amenity additions or improvements are desirable, but not essential. The extensive amenity offering at Sunriver is one of Sunriver's greatest competitive advantages over other Central Oregon resorts. The desirability and utilization levels of amenities such as an amphitheater, skate park, teen facilities, etc. should be confirmed through surveys or other consumer research prior to making the investment. Similarly, improvements related to the airport or Deschutes River access are also non-essential, as both the airport and river access are unique to Sunriver, thereby making any further improvements unnecessary (unless the unique offering is a clear detriment to the community, such as the retail). This engagement was conducted by Neal Tsay, Senior Consultant; and Erica Mizrahi, Associate, under the direction of Bob Gardner, Managing Director. Ifyou have any questions regarding the conclusions and recommendations included herein, or wish to learn about other RCLCo advisory services, please call (310) 914-1800. 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C 0 O t0 . tG ~ a) m L (2 c p N a + ,9 Q co : tad 3 VO Q 'II. o a) p to (v o J o . C .Q s u a Z . 0 tv c - L O ° c U Q u N M - N V E N U _C O ° tv o L aci . o o c cu a' U E • c m c Q t i V 3 L a. v ,L ,p N CA O t0 O +1 c U o c = ° > a~ rv L O v- > > O w t V W i v v O o c a, a > a 0- = o o C. -D En u Oi O az c and t~ as o V r, Sv e21 to . W N W J C.' Q S V H Q' W m . Sly. ✓~~"1 'o t 5unriver community 5trate5ic Plan Introduction Last year, Sunriver Owners Association (SROA) and eight vacation rental property management companies launched a joint Sunriver strategic planning process. The plan was to assess the current state of the Sunriver community in a changing economic environment in which the supply of quality resort-based residential and second homes is expanding, and vacationers have many more options to consider for resort-based vacations. The goal was to ensure that Sunriver is positioned to retain strong property values and equity growth, SROA and its vacation rental manager partners formed a steering group to oversee the strategic planning process. The steering group developed a scope of work for the community assessment and selected the Robert Charles Lesser Company to assist with the assessment. Bob Gardner and Neal Tsay of the company visited Sunriver and interviewed individuals representing various aspects of the Sunriver community. 'They also visited and analyzed a set ofcompetitive communities. Lastly, they analyzed demographic and real estate data from many sources. They presented their findings at a January 14 meeting attended by 160 people. Using the consultant's findings as a starting point, the community embarked on a process to develop a Sunriver Community Strategic Plan which will constitute the road map for addressing Sunriver's future. The core of this planning effort was the work of four Action Planning Teams which were charged with making specific recommendations to improve Sunriver. Entry Experience - Ensure that visitors are im- mediately welcomed as they arrive and that their experience is positive and memorable Signage - Visitors to Sunriver should be met with attrac- tive and welcoming signage throughout the community 1. Develop integrated signage system addressing all levels of signage needs using high quality design standards 2. Place attractive sign at the railroad overpass at Cottonwood Road 3. Place sign at US 97 and S. Century 4. Place new main entrance sign in or at the new traffic circle at S. Century and Abbot S. Improve signage in Village commercial area con- sistent with community sign designs 6. Improve Sunriver road, directional and facility signs consistent with community sign designs Core Area - Redesign and upgrade Abbot/Center Drive corridor and Village core commercial area I Ensure S. Century traffic circle incorporates high quality aesthetic elements 2. Design and build comprehensive solution to Bea- ver Drive circulation problems, including better commercial area access and improved non- vehicular circulation 3. Incorporate distinctive monument/sculpture and quality landscaping into new traffic circles at S. Century and Beaver Drive to promote a distinc- tive Sunriver area identity 4. Develop comprehensive design -theme for core area, including new landscaping, a distinctive lighting system and ability to display special event and seasonal theme banners Visitor Information - Improve methods for providing visitor information and directional assistance 1. Establish centrally located community visitors center with comprehensive information about events, Sunriver amenities and surrounding area attractions 2. Build information ldoslcs at visitors center and other strategic locations, such as grocery stores, to provide visitor information when visitors center is closed 3. Have staffed booth at main entrance to provide personal welcome and information at peak arrival times Consolidated Action Planning Team Recommendations Marketing - Improve communication with visitors Create interest in purchasing a Sunriver vacation and owners/residents to show why Sunriver is a or permanent home great place to visit and an even better place to live 3. Use the Chamber of Commerce and SROA Web 1. Create new single Sunriver brand or adopt an exist- ing brand/logo • Create memorable tag-line that can be associated with Sunriver sites more effectively 4. Make practical use of local television and radio for S. • Reestablish spirit of original logo to maintain traditions and historic continuity 6. • Integrate logo into signage and printed materials to strengthen Sunriver brand • Encourage cooperative design and use of logo with individual business logos 2. Advertise to markets identified by Lesser & Co research in appropriate media for the intended audiences to provide enhanced local, regional and national visibility for Sunriver Create interest in visiting Sunriver coverage of Sunriver events Provide attractive/impressive materials about Sun- river for visitors to Central Oregon Build a low-powered community FM radio station to provide information on current events and attractions in the Sunriver area 7. Start monthly "welcome to Sunriver" get-togethers for new owners 8. Conduct on-going research to monitor trends and attitudes of visitors and owners, including a method to learn why new owners buy in Sunriver and why existing owners decide to move Retail - Incorporate quality retail opportunities Increase public and commun-ity activities and into the Sunriver experience and make commercial - r build importance. as a quality public place areas an integral part of the Sunriver community x Introduce more mixed use and reduce space 1. Form an umbrella working group to address devoted to retail , community concerns with current mall owner in 3. ' evelop coordimtedplanning staging and promo- - posifive manner tion of more unique, quality events located through- Form site development committee to encourage out Sunriver, especially to promote off season use and assist in renovation/redevelopment of mall Integrate Business Park into Sunriver community • Support zoning and rule changes to accomplish community objectives • C0`flaborate in providing incentives for aggressively pursuing desired and viable tenants • Collaborate in joint promotion and branding Develop Village center as an important destination for visitors and residents to increase foot traffic, Incorporate Business Park owners, possibly through Business Park Association (BPA), into Sunriver marketing plans and event planning Work with BPA to develop common community design standards, especially signage Improve pedestrian and bicycle connections for better access to key public services (school, library, especially in off season post office) Community Assets -Upgrade and improve features that make the Sunriver community a special place and add facilities and activities to complement the Sunriver experience 1. Build a community activities center or clubhouse - lease existing space in the Village commercial core before building a permanent facility 2. Develop the first phase of the amphitheater site to include a performance amphitheater, sledding facility and park area 3. Develop transportation to Bend for owners and guests plus employees of Sunriver businesses i r. S. Assure and improve access to the Deschutes River for owners and guests 6. Create an environment that supports residents aging in place" 7. Explore options for another playground located closer to the south end of Sunriver 8. Improve and expand medical services to meet the needs of an aging population and vacationers 9. Build public restrooms on pathway system 10. Improve wireless communications and internet access in Sunriver 11. Build skate park for skate boarding and inline skating Implementation Strategies 2006 1. SROA to assemble a task force to develop a compre- hensive program to upgrade community aesthetics • Task force representation - SROA, Sunriver Resort, commercial core property owners and major tenants, SROA Design, Environmental and Public Works Committees • After developing scope of work, select professional Landscape Architect/Planner/Graphic Designer team to address community design issues • Comprehensive design theme for Sunriver core area • Integrated signage system • Detailed designs for monuments/sculpture and/or signs at entrances • Detailed landscapingplans for Sunriver core area • Practical methods for screening utility infrastructure Produce improvement plan and construction schedule 2. SROA.to retain expert to assess community aquatic needs • Analyze current pool use patterns and estimate pool needs • Determine appropriate mix of aquatic activities and best use of current facilities • Recommend current facility upgrades and required new facilities 3. Create representative entity to develop a marketing plan for Sunriver to create interest in visiting Sunriver or owning a home for vacationing or living in Sunriver • Select graphic design and marketing experts to assist with plan development • Identify markets and marketing strategies • Develop budgets and funding partnerships • Investigate options for a community visitors center, information kiosks, etc. • Devise strategy for on-going community event ' planning Form umbrella working group to partner with DBSI Discovery Real Estate Services (mall owners) Working group representation - SROA, Sunriver Resort, vacation rental managers, commercial core property owners and major tenants, SROA Design and Finance Committees Encourage and assist in renovation and redevelopment projects • Support zoning and rule changes to accomplish community objectives • Investigate options for locating a community activities center in the commercial core area S. SROA to consider adding funding to 2007 budget for following initiatives • Lease of community activities center in the commercial core area • Support for a portion of Sunriver marketing ef- forts • Methods to improve communication with owners • Activities to enhance the sense of community in Sunriver • Revise pavement management systems to improve appearance of roads and pathways • Upgrade traffic circle landscaping program • Methods to improve communication with visitors, including community low-power FM radio station • Support for comprehensive litter cleanup • Accelerated environmental restoration in high public use areas • Methods to conduct on-going research to monitor trends and attitudes ofvisitors and owners 2007 1. SROA to present package of capital improvements to enhance community assets for owners approval in July, 2007 • Incorporate recommendations of community aesthetics task force • Incorporate results of community aquatic needs assessment • Form partnerships with other interested parties to implement projects • Develop funding mechanism involving all community stakeholders 2N, Implement first year of marketing plan 3. Provide necessary support to mall projects n SUNRIVER OWNERS ASSOCIATION MAINTAINING SUNRIVER AS A PREMIER RESIDENTIAL AND RESORT COMMUNITY PROTECTING AND ENHANCING ITS QUALITY OF LIFE, NATURAL ENVIRONMENT AND PROPERTY VALUES. April 30, 2008 VIA HAND DELIVERY Board of County Commissioners for Deschutes County 1300 NW Wall Street Bend, Oregon 97701 Re: SilverStar Destinations, LLC applications Town Center District - Sunriver Village Mall County File Nos. PA-07-6 and TA-07-6 Dear Commissioners Luke, Melton and Daly: I am the president of the Board of Directors for the Sunriver Owners Association ("SROA"), and I submit this written testimony into the record for the above-referenced files. The SROA Board is the governing body for the association itself and is empowered by the Consolidated Plan of Sunriver to carry out the business affairs of the SROA and to perform all duties under the Consolidated Plan. In fulfilling its obligations, the Board must make decisions considered to be in the best long-term interest of the Sunriver community. It is upon this basis that I submit this written testimony. To insure that the Board of County Commissioners has easy access to the written testimony previously submitted on these applications by the SROA, copies of SROA's submissions from November 8, 2007 and December 26, 2007 are attached. The attached testimony provides a good basis to demonstrate the SROA's ongoing support for the revitalization project that begins with changes in zoning. The SROA Board of Directors strongly supports redevelopment of the commercial core of Sunriver, the Village Mall ("Mall"), and the Board recognizes that the needed redevelopment will require rezoning of the Mall property. Further, the rezoning requires creation of a new zoning category for Sunriver - the Town Center District. Simply put, revitalization is contingent upon redevelopment, which in turn is contingent upon "up-zoning" the property. The Board believes the result will be to the long-term benefit of the Sunriver and believes that it is also supported by a majority of the community. 5539.49\Report to BoCC on Apri130.doc 57455 ABBOT DRIVE - P.O. BOX 3278 - SUN RIVER, OREGON 97707 • (541)593-2411 • TOLL FREE (888) 284-6639-" www. s u n r i ve ro w n e r s. o rg EXHIBIT T Board of County Commissioner for Deschutes County April 30, 2008 Page 2 As the Board of Commissioners may be aware, the proposed land sale between the SROA and SilverStar Destinations was approved by over a majority of the vote, however votes cast did not reach the super-majority (60%) required for approval of a land transfer. This does not affect the SROA Board's endorsement of these plan and text amendment applications to create the Town Center District in the Urban Unincorporated Community of Sunriver. It appears that a result of the vote, SilverStar Destinations will be reducing the overall size of its proposed development, but redevelopment will still require the requested plan and text amendments. The vote result, however, caused SilverStar to modify some of the previously submitted text for the zoning language. SROA has begun its review of these proposed- modifications and commits to provide the Board of County Commissioners with its input regarding the same after an official vote at our next SROA Board of Director's meeting on May 10, 2008. We respectfully request that the written testimony for the Town Center District be left open until May 12~', even if the oral testimony is closed this evening. The SROA Board of Directors continues to be pleased to convey to Deschutes County its support for plan and text amendments for the creation of the Town Center District in Sunriver. Thank you for the opportunity to comment on these applications. Respectfully submitted, DORIS BRANNAN President of the Sunriver Owners Association Enclosures 5539.491Report to BoCC on April 30.doc Sl1NRIVER OWNERS ASSOCIATION MAINTAINING SUNRIVER AS A PREMIER RESIDENTIAL AND RESORT COMMUNITY PROTECTING AND ENHANCING ITS QUALITY OF LIFE, NATURAL ENVIRONMENT AND PROPERTY VALUES. November 8, 2007 VIA HAND DELIVERY Deschutes County Planning Commission 1300 NW Wall Street Bend, Oregon 97701 Re: SilverStar Destinations, LLC applications Town Center District - Sunriver Village Mall County File Nos. PA-07-6 and TA-07-6 Dear Chair Shirtcliff and Commissioners: I am the President of the Sunriver Owners Association ("SROA"), and I submit this written testimony into the record for the above-referenced files. INTRODUCTORY COMMENTS Sunriver has long been a jewel for all of Central Oregon and well beyond. From the late 1960s to the present day, Sunriver is recognized as a well-established resort area, where community ties run deep. However, increasing resort and residential development within Central Oregon has caused the Sunriver community to look inwards at itself, with an eye towards competitive positioning and continued growth in values. The SROA represents the Sunriver community and is responsible for internal planning and management. SROA implements and enforces the community's restrictive covenants and codes (such as the Declarations and the Consolidated Plan) and plays a large role in real property development (for example, through the SROA Design Review Committee and the Design Review Guidelines). However, SROA's implementation and enforcement of its private covenants and codes is only one layer of protection for development that occurs in Sunriver as the community is also governed by Deschutes County Code. As the community's representative and with the interrelationship between Deschutes County and SROA in mind, SROA has been an active participant in the potential redevelopment of the commercial core of the community. When approached by SilverStar Destinations, LLC P.O. BOX 3278 - SUNRIVER, OREGON 97707 - (541) 593-2411 - TOLL FREE (888) 284-6639 - FAX (541) 593-5669 Deschutes County Planning Commission November 8, 2007 Page 2 ("SilverStar") about its plans to redevelop the commercial core into a vibrant town center, SROA knew it must play an active role in the process to insure that the goals and desires of the community, as a whole, were represented. BACKGROUND REGARDING VILLAGE MALL It cannot be disputed by anyone that the Sunriver Village Mall area (the "Mall") is not nearly as vibrant as it once was. Regardless of the level of support for this particular project, consensus exists as to this statement. Approximately two years ago, SROA retained Robert Charles Lesser & Co., LLC, an independent consultant, to evaluate and consider the strategic steps that SROA should take to guide the community into the future. A copy of the consultant's "Executive Summary" is attached as Exhibit "l" to this written testimony. As stated by the consultant, SROA retained the firm "to evaluate and determine actions steps that SROA should implement to improve its competitive positioning and enjoy continued growth in property values." The consultant produced recommendations that identified what the community needed to do to serve its needs and remain vibrant. One of the recommendations was revitalization of the Mall. See Exhibit 1, page 8-9.' Thereafter, over a hundred volunteers served full and part time on four Action Teams, each charged with discussing and determining the "next steps" to follow the consultant's recommendations. Working independent of each other, all four Action Teams identified revitalization of the Mall as a priority. The work of these many, many volunteers and the attention the community directed towards the Mall culminated in a commitment by SROA to support renovations and/or redevelopment in that area, likely in the form of zoning or rule revisions. In SROA's opinion, simply applying a coat of fresh paint or remodeling the existing buildings would not achieve the revitalization goals. Unfortunately, because SROA did not (and still does not) own the Mall, it could not take any proactive steps to cause this rejuvenation to occur.2 ' As stated by the consultant, "The large scale of Sunriver provides a competitive advantage, i.e., the ability to offer a substantial retail component on-site. However, that retail component is plagued by high vacancies, a lack of character, and generally detracts from the overall quality of the community in its current condition. The retail should be reprogrammed in order to promote placemaking at Sunriver, creating an attractive gathering environment, and give residents and visitors a pleasant shopping experience." Id. Z SROA owns approximately 6 acres composed of multiple parcels in various locations including the strip of land through the middle of the project (the location of the existing Beaver Drive) and other parcels around the perimeter of the existing Mall area. Deschutes County Planning Commission November 8, 2007 Page 3 Shortly thereafter, SilverStar entered the picture. SilverStar was considering purchasing the Mall property with an eye towards redeveloping it with a "village" concept. As any prudent business would do, SilverStar sought the input of many entities prior to purchasing the Mall, including the input of SROA. Specifically, SilverStar inquired whether SROA's future vision included mall revitalized and thus whether SROA could support such a concept. In the initial discussions, SilverStar explained its desire to totally redevelop the entire existing commercial mall core area into a village-type development, such as Whistler, Tamarack or Squaw Valley. To be clear, SilverStar's vision was to replace the existing Mall with a new "village" that would be consistent and compatible with Sunriver's existing architectural styles. Two items SilverStar needed to achieve total redevelopment were (1) revisions to the properties' current zoning and rules and (2) ownership of properties other than just the existing mall. One of SROA's initial steps after it was approached by SilverStar was to initiate contact with the Deschutes County Community Development Department to discuss whether and how SilverStar's proposal was workable. It was clear that SilverStar's preliminary proposal exceeded existing County code, and thus SROA wanted the County's guidance on the best way to proceed. Potential options ranged from modifying the existing district language to creation of an overlay zone, ending with the more favored approach of creating a new district within the Sunriver urban unincorporated community ("UUC"). Given the County's long-history of supporting the Sunriver community's independence, SROA was not surprised to hear the Community Development Department indicate it would support changes acceptable to SROA and the community. During this same time and continuing for many months thereafter, SilverStar and SROA negotiated with each other regarding language for the new UUC District (i.e., the "Town Center District"). Many hours of volunteer and staff time went into negotiations covering zoning language and the SROA property SilverStar desired to obtain for inclusion in its Village proposal. In December 2006, the parties reached an agreement, paving the way for SilverStar to close its purchase and commence the process to create the Town Center District ("TC District") within Sunriver. A copy of the December 2006 Agreement is attached hereto as Exhibit "2." The December 2006 Agreement was widely available to anyone in the Sunriver community. Information about the Agreement was disbursed to the community and the executive summary of the Agreement was (and has remained) posted on the SROA website.3 Notable for this Commission's consideration, the December Agreement contained the TC District language that had been drafted through extensive negotiations between SROA and SilverStar. SROA believes that the TC District proposal before this Commission is entirely consistent with the language of the Agreement and thus language that has had ample time to be vetted in the Sunriver community. ' A copy of the executive summary on the SROA website is included in Exhibit "I" Deschutes County Planning Commission November 8, 2007 Page 4 Another important note about the Agreement between SROA and SilverStar is that SROA's goal in entering into an agreement with SilverStar was to allow for the creation of a vibrant commercial center that would serve as the centerpiece for Sunriver, enhancing the community and residential quality of life. A reading of that document, including the draft TC District language, supports that understanding. That Agreement also recognized that it was impossible to describe and account for each and every detail of the TC District that would naturally evolve as part of the planning and code drafting process. For this reason, the Agreement only broadly addressed SROA's concerns about impacts from the proposal (such as traffic and parking mitigation, density impacts, building height, lot coverage and the county's review process). Since December 2006 forward, SROA and its volunteers have continued their diligent work, working closely with the County, SilverStar, the community and other stakeholders. The TC District has evolved from the broad, generally stated language in the December 2006 Agreement to the very specific code language now before the Commission. The number of hours spent by everyone involved in converting the generalized language into "code" is indescribable, but SROA believes that the proposal before the Commission is consistent with the Agreement, consistent with the concerns and comments directed at SROA by the owners and consistent with the desires of the majority of the Sunriver owners. From the very beginning, the SROA Board has circulated information3 about this project and listened very intently to its owners. The Board read all of the letters that have been submitted to the Board and to the County. From the beginning, the Board shared many of these same concerns. It was precisely these concerns that caused the Board to critically analyze the proposed language and advocate for revisions when necessary. Over the past year, the Board attentively worked through the issues and potential impacts of this proposal and believes the language now presented for the TC District will have a positive impact on Sunriver's future. As an additional note, SROA considers the present pending application to simply be the "first step" in what is sure to be series of processes with checks and balances along the way. The County processes would include creation of the zoning language (the present application), which would later be applied to specific property, to be followed by County review a conceptual site plan and specific site plans for individual buildings. Once County review and approval are obtained by SilverStar (or any developer for that matter), all of the protections afforded by SROA's private regulations and codes come into play. In other words, there are numerous layers s In SROA's ongoing effort to keep owners apprised of SilverStar's plans and issues related to the impacts that this development may have on Sunriver, information has been posted on SROA's website, articles (including any letters that have been received) were published starting in September 2006 in the Sunriver Scene on a monthly basis. Further, summary reports, agreements and term sheets have been made available to the owners as soon as agreements were reached. Finally, while not part of SROA's effort, SROA is aware that SilverStar has had quarterly community meetings providing updates on this project and that the Sunriver Chamber of Commerce has held public meetings regarding the project. Attached hereto as Exhibit "Y is a summary of communications from SROA and others to the community regarding SilverStar's project. Deschutes County Planning Commission November 8, 2007 Page 5 of review and analyses before development occurs and thus multiple steps where code/rule compliance can be assured. DISCUSSION REGARDING SPECIFIC ITEMS Building Height Calculation SROA recognizes that the height-calculation methodology contained in DCC 18.108.055(F) may not be exactly the same as the way the County currently measures height. However, this was one of the issues that SROA and SilverStar literally spent hours working to develop a measurement device that SROA believes provides the community with an accurate representation of building heights allowed in the TC District. SROA will leave it to SilverStar to more thoroughly discuss the need for grading on the site to provide uniformity and minimal elevation changes. With. that discussion in mind, however, it is clear that calculating building heights from finished grade provides consistency throughout the TC District. In addition to finished grade providing a similar measurement starting point district-wide, another tool is found in the pending draft of the TC District language itself - that is, the requirement for an applicant to provide both existing and projected finished grade elevations at key locations throughout the site during the conceptual site plan phase. These "spot elevations" provide key information early in the process about how tall the structures actually are or will appear to be. SROA strongly urges the Planning Commission to retain the building height measurement methodology presented by the Applicant, particularly for those mixed use buildings with parking beneath. Clearly, sufficient parking will be vital to SilverStar's development, yet covering the site with parking places is not desirable to SROA nor should it be to the community. In fact, SROA encouraged SilverStar to place parking beneath buildings whenever possible. As a result, an issue arose due to the desire for underground parking, and that was an issue of where to start the measurement for those mixed use buildings with parking beneath. In only this situation, the stated methodology "caps" the additional visual height that could exist at the entrance to the underground parking.4 It is not an exaggeration to 4 Note, this language for 10 feet only applies to "mixed use" buildings (thus the multi-family buildings around the perimeter are not calculated in this manner) and it is only for mixed use buildings with parking beneath. Based on SilverStar's current diagrams, this calculation would apply to most, but not all, of the "Main Street" buildings. Deschutes County Planning Commission November 8, 2007 Page 6 say that SROA and SilverStar considered, and ultimately rejected, just about every other method for calculating building height on these limited buildings, including the County's existing measurement methodology. Every possible method explored by the parties seemed to have the potential to result in buildings that could be (or would appear to be) dramatically taller than the stated height limitation. The methodology proposed by SilverStar`s pending submittal provides sufficient checks and balances, including but not limited to the 10' foot "cap," the stepped-back set backs from the district's boundaries and the requirements for spot elevations during conceptual site plan review. In SROA's opinion, this methodology works and is manageable for Staff to administer. Density Calculation: SROA's goal in negotiating this item with SilverStar was to place a cap or limitation on the number of "people" that could use the TC District for residential purposes. In December 2006 and after much negotiating, SROA and SilverStar agreed to a density limitation of 22 dwellings per gross acre in the TC District. This limitation resulted from the competing interests of SROA in capturing the number of "people" and SilverStar's interests in developing an economically feasible project. This limitation further provided a layer of protection that height limitations, lot coverage maximums and commercial square footage requirements alone cannot provide. Important for SROA in that "22 per acre" figure was the ability to truly encapsulate all the "people" and not just full-time residents. For this reason, SROA's urged including all kinds of residential uses - for example, full-time residences, vacation rentals, and overnight accommodations. However, SROA also recognized that some of these types of uses may not impact the area as much as others, particularly with size limitations on the units themselves. Thus, again after many hours of analysis, SROA and SilverStar agreed to the residential density calculations presented to this Commission for consideration. SROA believes that the calculations proposed for both the hotel and lock-off units provide a mechanism for truly limiting the density in the TC District and they are manageable for Staff to apply. Application and Approval Process: Because SilverStar's project is unlike anything that has been done in Deschutes County, let alone Sunriver, the County's procedures did not really contain a process for this type of application. For this reason, SROA and SilverStar worked with each other to develop a workable process that would provide "real" information to the community and the County before any development actually occurs (the conceptual site plan process). Deschutes County Planning Commission November 8, 2007 Page 7 The required information on a conceptual site plan demands that an applicant provide information and data, other than generic statements about the project's compatibility. An applicant has to provide detailed traffic information, site elevations (both existing and proposed finished), circulation patterns, a general layout for the proposed uses, and much much more in order to show compliance with the TC District and the County Comprehensive Plan. It is this conceptual site plan that provides the real information upon which SROA and the community can critically evaluate the applicant's proposal. The hard questions about matters such as traffic, parking, infrastructure capacity, and ground/building elevations can be posed, with the answers analyzed before any development actually occurs. As an example, SROA and SilverStar included a requirement in the conceptual site plan requirements concerning the traffic studies and analysis that must be provided so that the County can determine that the site plan "works." It is imperative that these requirements be retained as part of the conceptual site plan process. Parking and Traffic: Two of the more major impact issues raised by both neutral parties and opponents to the project (and sometimes even proponents of it) concern parking and traffic. SROA, like almost everyone else, is also very concerned about parking and traffic impacts, and in fact, retained its own traffic engineering to study SilverStar's expert submissions. However, SROA firmly believes that the current County procedure mechanisms and the proposed text itself assure that both of these issues will be fully and completely addressed during future land use proceedings. SROA is cognizant that this proceeding merely creates the zoning language but does not actually apply it to any specific property or to any specific proposal. For this reason, this process is neither designed to address parking and traffic impacts nor to recommend the potential mitigation of those impacts.s SROA will closely analyze the traffic and parking information and proposed mitigation at the appropriate phase of the County's land use process (likely the conceptual site plan phase) and will retain the suitable level of professional opinions on those issues at that time. The SROA Board of Directors remains neutral on the proposed text amendments in Deschutes County Code, 18.116.030. SROA firmly believes that adequate parking and traffic mitigation is vital to the overall success of this development, and SROA trusts that the County will continue its long history of insuring that parking and traffic are fully addressed during development. s Regardless, the updated report from SROA's traffic engineer dated November 5, 2007 has been submitted to this Record. Deschutes County Planning Commission November 8, 2007 Page 8 Realignment of Beaver Drive: One of the issues SROA heard testimony about at the first public hearing was based on SilverStar's potential project diagram that showed Beaver Drive in a location different than where it is presently located. SROA wants the community and the Planning Commission to know that it was the SROA Board, not SilverStar, that chose to have Beaver Drive returned to the location depicted on the diagram. Numerous reasons exist for this decision, including efficient emergency evacuation, enhancement of traffic circulation in both the TC District and the overall community, safe and direct traffic routes in the area and not splitting the town center development into "two malls." Returning Beaver Drive to the eastern edge of the TC District places that roadway within the existing right of way for Beaver Drive and is also consistent with Beaver Drive's original location. Further, placement of Beaver Drive at its original location allows for better planning of a roundabout at the Beaver Drive/Abbot Road intersection that the current alignment does not allow. "Vote of the Owners": Based on statements made during the first public hearing and based on letters received by both SROA and Deschutes County, SROA desires to provide some brief information regarding the "vote of the owners." There appears to be a misconception that at least some of the uses proposed by SilverStar in the TC District are not currently permitted under the private operative documents applicable to the subject property (such as the Declarations and Consolidated Plan). This, however, is not the case. First, the private operative documents allow all of the uses that would be permitted uses under the proposed language for the TC District. In fact, at least one of the declarations actually encourages residential development. Second, there is no owner vote required either before the proposed TC District language can be applied to the subject property or before the actual development can occur. The "vote of the owners" that is slated to occur in February 2008 concerns the conveyance of SROA-owned property to SilverStar (both in terms of whether that transaction should occur and the compensation for the transaction). This vote has nothing to do with creation of zoning language and, in fact, may not even have anything to do with applying any newly created zoning language to the SROA-owned property. To summarize, SilverStar can proceed with these text and plan amendments, the eventual zone change and redevelopment of the property it owns without a vote of the Sunriver Deschutes County Planning Commission November 8, 2007 Page 9 owners. The February 2008 vote concerns the sale of SROA common property, and it is not tied at all to the zoning issues now before the Commission. There is nothing about the "vote of the owners" that impacts the Planning Commission's consideration of the pending text and plan amendment applications. CONCLUSION The creation of the TC District is simply the first step towards redevelopment and revitalization of the Sunriver commercial core. SROA believes the revitalization opportunities presented by the proposed text language is consistent with the desires of a majority of the Sunriver owners and represents a positive new direction for Sunriver's future. The SROA Board of Directors is pleased to convey its approval of the proposed text for the TC District and the Comprehensive Plan amendments to this Planning Commission, and it thanks you for the opportunity to comment on these applications. Respectfully submitted, Doris Brannan President of the Sunriver Owners Association CAI O V off OC W 3 . LU {1J . 0 al ~ 0 ~ w • o o 0 v CN • O M - a 7 ~ Z O rn: o J v W w O` LLW E. L: .Zi. ~ V). w p N try ~ U a y .ti - . a ~ J W U 0 .00 OC w V3 w ~ z 91 z. O H r~ V /O W z 0 W u~ z tJ~ ° v > o E c u v > c _ L O Q O O . 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E y y c c c c c c 3 0 JA OC v E c c 5>>>> j o oco 3 Z ?O N G~.Q~~LLL U C T J W _ U U G1 N CJ Gl w Gl O c 0 ( _Q > o Z Z m b m> A C S O I- OG C O j c L L L L L L V 0 0 0 0 0 0 . 0 7 N u o W E E E 8 es ? o v o o v Y u u.u u X o F - OZ V 0 U w U V Z Z Z Z Z Z O V CL O O Q z m H J ~ E V v > O ~i ~ C _E a CL a v Z O N O W C O O O O E w O W O W U N C Q y v j .ar W C R C O Z r O a) N 0 `O Q E V vl a a) -O w U C u7 v E o z o to 'R ~R? cc V m z Z > 0 7 W b c N M L O L (v (v a Q O Q E Z a C C ~ > N 7 U 7 v~ y« 3 ~ F- t/ C O O O a, ~ Z- W U E L N Y ~ 3 U W > 3 N . 0 m E ~j C O. > C N O= 0 C O t V < ;Fu :3 LhwQv)v)co r ULnc ~ EXH Pg M O O Q; O L 0 ~ W O O -O 61 C d N 0 Cl m 4 V O V O?J W y H W N W a W m O AGREEMENT THIS AGREEMENT is made and entered into by and between Sunriver Owners Association, an Oregon nonprofit corporation, hereinafter referred to as "SROA" and SilverStar Destinations LLC, an Oregon limited liability company, hereinafter referred to as "Developer,", and together with SROA, the "Parties". RECITALS WHEREAS, DEVELOPER DESIRES: To develop that real property located in Sunriver, Oregon commonly known as the "Sunriver Mall" and certain adjacent real property into commercial and residential units (the "Project"); To obtain SROA support for the Project; To obtain title to and develop two parcels of land owned by SROA (the "SROA Property"); To resolve issues related to development of the Project in as timely a manner as possible; and WHEREAS, SROA DESIRES: To encourage creation of a vibrant commercial center to the Sunriver community including services important to visitors and resident and non-resident owners; To ensure that the commercial center supports community-wide activities that contribute to sense of community and fesidential quality of life; To support development of the commercial center with distinct character and quality of design that identifies the developed area as the centerpiece of the community; To support a development that is complementary to the community and compatible with Sunriver values. ACKNOWLEDGMENT The Parties acknowledge that the property exchange transactions contemplated by this Agreement will require further documentation and approvals, including the preparation and approval of a formal agreement setting forth the terms and conditions of the proposed transactions (the "Exchange Agreement"). Nonetheless, the Parties have negotiated and agreed upon, and hereby agree to be bound by, the terms set forth herein. Page 1. AGREEMENT 5539.49 SS Agreement.doc EXH apg 1 PROPOSED TERMS Land Use 1.1 Developer shall: (a) File the necessary land use application(s) required to create a new Town Center District within the Sunriver Urban Unincorporated zone that is the same as set forth in the attached Exhibit A, unless changes are approved by SROA; (b) File the necessary land use application(s) required to change the Sunriver Unincorporated Urban Community Comprehensive Plan Map and Zoning Map to apply the Town Center District language to the area shown in the attached Exhibit B; (c) Submit the Development Plan, which shall include the entire Project, to SROA for review and comment before formal submittal to Deschutes County; (d) Consult with SROA on revisions and changes to the zoning language and Development Plan, whether initiated by Developer or Deschutes County; (e) Obtain SROA final approval of the Town Center District language and Development Plan before adoption by Deschutes County; (f~ Bear its own costs related to land use processes. 1.2 SROA shall: (a) Cooperate with Developer by making its staff available for consultation with Developer during the land use processes, including the zone creation, zone/map amendment and Development Plan approval; (b) Communicate its approval of the Town Center District language, Comprehensive Plan Map and Zoning Map to Deschutes County provided that such language has been approved by the SROA Board of Directors, which approval may be withheld or denied in its sole discretion; provided, however, SROA reserves the right to provide additional comments to Deschutes County on the Town Center District language as follows: 1) in response to comments made or questions raised by other participants in the zoning process (including without limitation Deschutes County); and/or 2) based on new information about the Project disclosed to or discovered by SROA after the execution of this Agreement; (c) Communicate its approval of the Development Plan to Deschutes County provided that such plan has been approved by the SROA Board of Directors, which approval may be withheld or denied in its sole discretion; (d) Cooperate with county requirements for owners of property subject to zone changes. Page 2. AGREEMENT 5539.49 SS Agreement.doc EXH a p9a - ~ 2. Additional Development Standards 2.1 Developer shall conform to project standards contained in this Agreement and the Exchange Agreement in addition to standards required by the Town Center District; 2.2 Nothing in this Agreement shall be construed as altering the Developer's obligation to: 1) abide by SROA's Design Committee Rules and Procedures; and 2) submit the Project for review and approval by SROA's Design Committee; 2.3 The Project shall be a mixture of complementary land uses that include, without limitation, retail, office, commercial service, dining, residential housing and civic uses, and shall contain no less than 85,000 square feet to accommodate retail, office and commercial service uses, including the following: (a) Sufficient space to accommodate non-retail activities (office or commercial service); (b) No less than 15,000 ground level square feet to accommodate the sale of groceries and related food items (not including restaurants or food stands independent of grocery sales); 2.4 The Project shall include amenities appropriate to Sunriver, including an ice skating rink and visitor center both at least equal in size to current facilities; 2.5 The Project shall comply with all conditions imposed by Deschutes County and SROA related to access to the Project, both vehicular and non-vehicular, and mitigation of traffic impacts related to the Project. 3. Real Property Exchange 3.1 Developer shall: (a) Comply with all terms and conditions of the Exchange Agreement before receiving title to the SROA Property; (b) Provide guarantees, such as bonds or escrow accounts, for performance of the remaining unfulfilled conditions in the Exchange Agreement if the Project timing requires transfer of title to the SROA Property prior to all terms and conditions of the Exchange Agreement being fulfilled; (c) Bear all costs associated with the process of transferring real property ownership, except SROA's costs of legal review of Developer-prepared documents; (d) Bear all costs directly associated with SROA's conducting a vote to obtain approval for the proposed real property exchange from SROA owners if such vote is conducted by a special election. Page 3. AGREEMENT 5539.49 SS Agreement.doc ExNa Pg3 3.2 Prior to entering into the Exchange Agreement, Developer shall conduct an appraisal of the SROA Property based on its highest and best use as commercial property. The appraiser shall be MAI certified and mutually acceptable to both parties. The Parties shall review and approve the results of the above appraisal, which shall be used as the basis of asset valuation in the Exchange Agreement. 3.3 The Exchange Agreement shall specify compensation to be received by SROA from Developer for SROA Property. Such compensation shall be a) at least equal to the appraised value of SROA Property, and b) of a nature that can be accepted by SROA pursuant to its Consolidated Plan as amended from time to time. 3.4 SROA shall convey title to SROA Property subject to: (1) approval of the appraised value by SROA's Board; (2) favorable approval of the exchange by SROA owners in accordance with the terms of the Sunriver Consolidated Plan including, without limitation, the approval of any amendment to the Consolidated Plan which may be necessary to complete the transaction contemplated by the Exchange Agreement; (3) Developer compliance with the terms and conditions of this Agreement; and (4) the negotiation, approval and execution of the Exchange Agreement. SROA agrees to make reasonable efforts to: 1) convey the intent of the Project, this Agreement and the Exchange Agreement to its owners, and 2) secure the support and favorable approval of its owners by vote. However, SROA shall not be obligated to incur costs or expenses in making such reasonable efforts. 4. Road Pro_lect. In addition to the consideration delivered by Developer to SROA for the SROA Property, the Exchange Agreement shall provide that the Developer shall, at its sole expense, replace the Beaver Drive roadway in accordance with a construction procedure and design approved by SROA. Developer shall also construct and install at its sole expense such traffic mitigation measures as are required by Deschutes County as a condition of approval of the Project. Developer acknowledges that SROA desires to install or cause to be installed a traffic circle near the Southeast corner of the Project site. Developer shall use commercially reasonable efforts to coordinate its Project construction, including the above-referenced road replacement, with the SROA to maximize the efficiency of both parties' roadway improvement projects. If Developer's road improvement expense is reduced as a result of the SROA's traffic circle project, then Developer shall contribute an amount equal to such savings towards the SROA's traffic circle project. 5. Indemnification. Developer hereby agrees to defend, indemnify and hold Sunriver Owners Association, its Board of Directors, officers, agents and employees harmless from any claim, loss, or liability arising out of or related to the Project. 6. Insurance. Prior to commencing work on the Project, Developer shall procure and thereafter maintain comprehensive general liability insurance with limits of not less than $1,000,000 for injury to one person, $1,000,000 for injury to two or more persons in one occurrence, and $300,000 for damage to property, OR a single limit policy of not less than $1,000,000 covering all claims per occurrence. Such insurance shall cover all risks arising directly or indirectly out of Developer's activities on or any condition of the Project, including without limitation, the SROA Property. Such insurance shall protect Developer against the claims of SROA on account of the obligations assumed by Developer under Section 5, and shall Page 4. AGREEMENT 5539.49 SS Agreement.doc EXHQ Pg name SROA, its Board of Directors, officers, agents and employees as additional insureds. Certificates evidencing such insurance and bearing endorsements requiring 10 days written notice to SROA before any change or cancellation shall be furnished to SROA before Developer commences work on the Project. 7. Assignment. No assignment or transfer by either party of such party's rights and obligations hereunder may be made except with the prior written consent of the other party hereto, which consent may be withheld or denied by either party in such party's sole and absolute discretion. Provided, however, that an assignment of the Developer's rights and obligations hereunder to affiliated entities as necessary to accommodate the Developer's contemplated purchase financing structure (in the opinion of the Developer's legal counsel), shall be permissible and not a violation of this Section 7 so long as Developer maintains a controlling interest in such affiliated entities. This Agreement shall be binding upon and shall inure to the benefit of the Parties and each of their respective successors and permitted assigns. 8. Attorney Fees. In any arbitration or litigation concerning this Agreement, the prevailing party shall be entitled to recover all reasonable expenses of arbitration or litigation, including reasonable attorney fees at arbitration, at trial and on any appeal or petition for review. 9. Arbitration. Notwithstanding anything contained herein to the contrary, any dispute arising under this Agreement shall be promptly submitted to and heard by the Arbitration Service of Portland, Inc., or by any other arbitrator mutually agreed upon between the parties to the dispute. Unless the parties mutually agree otherwise, the arbitration shall take place in Deschutes County. The determination of the arbitrator shall be binding upon the parties hereto, and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The prevailing party in such arbitration shall be entitled to recover from the other party all expenses incurred in connection with the arbitration, including attorney's fees. 10. Headings. Headings in this Agreement are for convenience only and shall not affect its meaning. 11. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby, and each term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 12. Modification and Waiver. This Agreement may be amended only by a writing signed by both parties. The observance of any term of this Agreement shall not be deemed to have been waived except by a writing signed by the party to be bound by such waiver. 13. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to its subject matter and supersedes any prior agreement or understanding pertaining thereto. Page 5. AGREEMENT 5539.49 SS Agreement.doc EXH ).P9,5 - 14. Effect of this Agreement. This Agreement is a binding legal obligation of the parties, and may be relied on as a basis for a contract by estoppel or be the basis for a claim based on detrimental reliance or any other theory; however, the obligation of the SROA to complete the contemplated property exchange shall remain conditioned upon and subject in all respects to the favorable vote of the SROA members with respect thereto. 15. Agreement, Implementation and Successor Agreements. Upon execution of this Agreement, the Parties agree to begin negotiation of a definitive Exchange Agreement which, together with any ancillary agreements which may be necessary, will govern the real property exchange transactions contemplated by this Agreement. Developer shall provide names and contact information for Developer, its principals and officers, affiliates, legal counsel and lenders involved in the Project or its financing. Developer shall provide financial information demonstrating that Developer has adequate financial backing for the Project in form and substance reasonably acceptable to SROA. SROA acknowledges that all such information is confidential and will not be discussed with or disclosed to any third party other than SROA's legal counsel and financial advisors, except as may be required by law, without the consent of Developer. 16. No Partnership. Neither party shall be deemed a partner, joint venturer, employer, employee, or related entity of the other by reason of this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the last date written below. SUNRIVER OWNERS ASSOCIATION, an Oregon nonprofit corporation SCOTT HARTUNG, PRESID NT SILVERSTAR DESTINATIONS, LLC, an Oregon limited liability company JO JN GOODMAN, MANAGING DIRECTOR Page 6. AGREEMENT _1 -19 6.K DATE jz -2-0 - cX DATE 5539.49 SS Agreement.doc EXH a Pg (-p Note: r Both SilverStar Destinations and SROA anticipate that there will be many changes made to this initial Town Center District zoning language before the county and SROA review and approval processes are complete. EXHaPgrl ExH a P913 EXHMIT A 18.108.055 Town Center - TC District A. Purpose & Policies: In an effort to protect and enhance the commercial core area of Sunriver the County has adopted a special set of development and design standards for the Town Center District. The development and design standards were developed for the purpose of strengthening the commercial core area as the heart of the community, improving its economic base and enhancing its appearance through high-quality design. One purpose of the TC District is to establish a mechanism for implementation of a Development Plan consistent with this section. Applicants are required to identify in a Development Plan how their proposed site/building plan meets the following development standards. B. Development Standards 1. Combine a mixture of complimentary land uses that may include retail, offices, commercial services, residential housing and civic uses to create economic and social vitality and encourage pedestrian use through mixed use and stand alone residential buildings. 2. Develop a commercial mixed-use area that is safe, comfortable and attractive to pedestrians. 3. Encourage efficient land use by facilitating compact, high-density development that minimizes the amount of land that is needed for development and maintains as much open space as possible. The goal would be that 50% of the Town Center District would remain in some form of open space. 4. Provide both formal and informal community gathering places. 5. Provide visitor accommodations and tourism amenities appropriate to Sunriver. 6. Provide design flexibility to anticipate changes in the marketplace. 7. Provide access and public places that encourage pedestrian and bicycle travel. 8. Provide road and pedestrian connections to residential areas. 9. Fadilitate development (land use mix, density and design) that supports public transit where applicable, 10. Develop a distinct character and quality design appropriate to Sunriver that will identify the Town Center as the centerpiece/focal point of the community. 11. Ensure development consistent with the purposes, policies and standards of this section, including compliance with all procedures and standards for implementation of an approved Development Plan. EXHa Pg 9 EXHIBIT A C. Uses Permitted Outright. The following uses and their accessory uses are permitted in the TC District subject to DCC 18.124, Site Plan Review and DCC 18.108.055. 1. Park, plaza, esplanade. 2. Library. 3. Community center. 4. Visitors center. 5. Grocery store. 6. A building, of any square footage but with the ridge height limitation detailed in DCC 18.105.055 G, housing any or a combination of the following: a. Retail/rental store, office, civic and service establishment; b. Art gallery; c. Dry cleaner/laundry establishment; d. Restaurant, bakery, delicatessen, pub, cocktail lounge, including entertainment; e. Health care service including medical and dental clinic, office, pharmacy, and laboratory; f. Health & fitness facility; g. Barber, beauty shop or spa; h. Child care center, preschool and daycare facility; i. Bank; j. Post office; k. Veterinary clinic (without animal boarding facilities); 1. Crafts in conjunction with retail sales (occurring on premises such as sculpture, stained glass, pottery, etc.); m. Residential dwelling units constructed in a Mixed Use, with a Ridge Height not exceeding 60 feet, except as provided in paragraph G(3), and subject to the provisions of paragraph (E)(2) of this section; n. Resort/hotel facility including lodging, housekeeping, concierge and vacation rentals; EXH ~-Pgl D 2 EXHIBIT A o Meeting room, convention and banquet facility; p. Property sales, mortgage or rental office; q. Movie theater. 7. Stand Alone Residential with a ridge height not exceeding 45 feet. 8. Interval ownership and/or time-share unit or the creation thereof. 9. Destination Club and/or Private Residence Club 10. Developed recreational facilities, including but not limited to the following: a. Indoor and outdoor swimming pools; b. Ice skating rink; c. Indoor and outdoor tennis courts; d. Indoor and outdoor basketball court or other ball field; e. Physical fitness facilities; f. Park, playground and picnic and barbeque area; g. Walkways, bike paths, jogging paths; h. Bowling alley; i. Arcade; j. Movie theater; k. Other similar recreational facilities consistent with the purposes of DCC 18.108 and Goal 8. 11. Use included in a County approved Development Plan. D. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.124 Site Plan Review, DCC 18.128 Conditional Use Permits and this DCC 18.108.055. 1. Public buildings and public utility buildings and structures as they maybe appropriate in the TC District. 2. Bed and breakfast inn. 3. Ambulance service. 4. Fire station. EXHaPgI ~ 3 EXHIB IT A 5. Police station. 6. Senior housing/assisted living or active adult development 7, Bus passenger station. 8. Residential facility. 9. Live/work townhome. E. Use Limits. 1. Stand Alone Residential is allowed on a maximum of 30% of the total acreage of the TC District, subject to the requirements of this DCC 18.108.055. 2. Mixed Use developed in the TC District shall be subject to the following requirements: a. For each Mixed Use building or structure in the TC District, no more than 50% of the ground floor square footage (with said ground floor square footage not including parking or storage areas) shall contain or be used for residential or dwelling purposes. b. There will be no limit on the number of bedrooms in a dwelling unit; c. There will be no limit on the size of a dwelling unit. d. To the extent included in the use permitted by DCC 18.108.055(G)(3), resort/hotel facility lodging shall not be considered a "residential or dwelling purpose." 3. Any new development or structure exceeding 8,000 gross square footage is not permitted unless such development is approved by Deschutes County as part of a Development Plan. F. Definitions. In addition to the provisions of DCC 18.04, the following definitions apply in the TC District. To the extent the definitions in this DCC 18.108.055 conflict with DCC 18.04, the definitions of DCC 18.108.055 shall apply. 1. Health care service: A business providing the diagnosis, treatment and care of physical and/or mental disease, injury and/or disability, but not including a nursing home as defined in DCC 18.04. 2. Barber/Beauty Shop: A full service beauty salon or barber which would include haircuts, permanents, washes, nails, etc., and the retail sales of incidental beauty supplies typical of any beauty salon and the sale of associated food and beverages for the use of the clientele. a EXH~P9 4 EXHIBIT A Spa: A facility which promotes wellness and. provides such services as beauty treatments, massages, wraps, exercise, etc., and the retail sales of incidental beauty supplies, accessories, clothing and associated food and beverages for the use of the clientele. 4. Multi-Family Residential Dwelling: In addition to the definition provided by DCC 18.04, "dwelling, multi-family", includes condominiums and townhomes but does not include apartments. 5. Mixed Use: In this DCC 18.108.055, "mixed use" shall mean residential dwellings contained within a single structure that combines commercial or retail use with residential or lodging/tourism based uses. A structure composed solely of residential dwellings and uses supportive of that residential use (such as a management office or developed recreational use) shall not be considered "mixed use." 6. Stand Alone Residential: In this DCC 18.108.055, "stand alone residential" shall mean any single structure that contains multi-family residential dwelling (as that term is defined in this definitional section) and uses supportive of that residential use. "Stand alone residential" does not include commercial or retail uses, except "live/work" dwellings permitted by this DCC 18.108.055. 7. Ridge Height: The ridge height shall be measured from the existing and undisturbed grade elevation at the midpoint (center) of the building footprint. Exception: In a Mixed Use building where parking is provided beneath the building the definition set forth in DCC 18.04 "Height of Building" shall apply in determining the ridge height. 8. Live/work Townhome: A residential, fee simple townhome unit in which a business may be operated. The commercial or office portion of the townhome shall be limited to the ground floor and may not exceed 50 percent of the square footage of the entire building, excluding the garage. Any activity that produces objectionable impacts, including but not limited to objectionable impacts due to noise, glare, odor, smoke, dust, vibration, or traffic shall not be permitted. 9. Open Space: All areas within the TC District that are not covered by buildings or structures including any deck that is more than 12 inches above finished grade and all areas within any screened enclosure. Eaves and any driveway, road, walkway, deck, patio, plaza, park or porch that is 12 inches or less above finished grade (except with affixed improvements that exceed 12 inches), parking areas on or below finished grade, and not more than one above-grade parking structure that does not exceed 12 feet above finished grade, is open space. 10. Destination Club or Private Club: A whole or fractionally-owned residential facility or buildings that feature or contain exclusive facilities, membership and/or access and use rights of on-site or off-site amenities. EXH ~'Pgl3 EXHIBIT A G. Ridge Height Regulations. 1. Except as provided herein, no Stand Alone Residential shall be hereafter erected, enlarged or structurally altered to exceed 45 feet in Ridge Height. 2. Except as provided herein, no Mixed Use shall be hereafter erected, enlarged or structurally altered to exceed 60 feet in Ridge Height. 3. One building or structure that contains Mixed Use shall be permitted in the TC District with a maximum Ridge Height not to exceed 75 feet so long as the building footprint of that portion of said building that exceeds 75 feet (not including any structured parking areas) is not greater than 10 percent of the maximum square footage of all building footprints permissible in the TC District. 4. Projections and architectural elements such as chimneys, spires, clock towers, skylights, atriums, flag poles, mechanical equipment and screens and other similar items that do not add habitable interior floor area may be allowed to exceed the height limit by a maximum of 10 feet. H. Lot Requirements. The following lot requirements shall be observed. 1. Lot area: no requirements. 2. Lot width: no requirements. 3. Lot depth: no requirements. 4. Front yard: the front yard shall be a minimum of 10 feet. 5. Side yard: no requirements. 6. Rear yard: no requirements. I. District Setback. 1. All development (including structures, sight-obstructing fences over three feet in height and changes to the natural topography of land, but excluding the uses described in this DCC 18.108.055(1)) shall be set back from all Town Center District boundaries a minimum of 20 feet, except where the Town Center District borders a Commercial District, then the setback will be 5 feet. This setback shall provide sufficient space for pedestrian pathways, street trees, planters, driveways, landscaping, outdoor seating and in general improve the pedestrian environment and streetscape along all perimeter roads and TC District boundaries. The area of this 20 foot setback may be counted towards any open space requirement. 2. Any portion of a building or structure with a Ridge Height that is more than 45 feet (max. 75 feet) shall have a minimum setback from the District boundary of 50 feet. EXH aPg 14 EXHIBIT A J. Residential Density. The overall residential density of the Town Center District shall not exceed 22 dwelling units per gross acre of the Town Center District. K. TC District Design Review Standards. 1. Purpose and Applicability. The Town Center design review standards are intended to provide detailed, human scale design, while affording flexibility to use a variety of architectural building styles appropriate to Sunriver. 2. Standards. The following standards shall be met. A design feature used to comply with one standard may be used to comply with another standard. a. Large-scale buildings shall incorporate changes in direction (articulation) and divide large masses into varying heights and sizes. b. Buildings with exterior walls greater than 50 feet in horizontal length shall be constructed using a combination of architectural features, a variety of building materials and landscaping near the walls. c. On site landscaping is required and shall abut the walls so that the vegetation combined with the architectural features significantly reduce the visual impact of the building mass as viewed from the street. Materials and design should be characteristic of the Central Oregon area. d. The predominant building materials should be materials that are characteristic of Central Oregon such as wood, native stone and tinted/textured concrete masonry units and/or glass products. e. Roofs should be designed to reduce the apparent exterior mass of a building, add visual interest and be appropriate to the architectural style of the building. Variations within one architectural style and variations in heights are highly encouraged. f. Clearly defined highly visible customer entrances using features such as canopies, porticos, arcades, arches, wing walls and/or integral planters are required. g. Community amenities such as patio/seating areas, water-features, art work or `sculpture, clock towers, pedestrian plazas with park benches or other features located in areas accessible to the public are encouraged and may be calculated as part of the landscaping requirement, h. Exterior lighting shall comply with the provisions of Deschutes County's lighting ordinance and SROA's adopted Design Standards. i. All development and improvements within the Town Center District shall be subject to the SROA design review and approval process, and all Town Center District design review standards. EXH a pg 15 EXHIBIT A L. Application and approval process. 1. The approval of an application for development of more than 8,000 gross square footage within a Town Center District shall consist of two steps. a. Development Plan. The applicant shall submit a Development Plan that addresses all requirements established in 18.108.055. The Development Plan will be reviewed and approved upon a finding that it is consistent with the Development and Design Standards and the Use and Development Restrictions contained in DCC 18.108.055. As additional review criterion for approval of a Development Plan, the Development Plan shall have a minimum of 50 percent of the total acreage dedicated to permanent open space. b. Site Plan Review. Each element or development phase of the Town Center District must receive approval through the required site plan review (DCC 18.124) and applicable supplementary provisions (DCC 18.116). In addition to findings satisfying the site plan criteria, findings shall be made that the specific development proposal complies with the standards and criteria of DCC 18.108.055 and the Development Plan. 2. An Applicant may submit a Development Plan consistent with the provisions of DCC, Title 17, including phased development. If the Applicant is proposing phased development, Applicant shall provide sufficient information regarding the overall Development Plan and phasing sequence when submitting its Development Plan for approval. If phased development is proposed, as additional site plan approval review criteria, a finding shall be made that each phase includes a mix of residential and non- residential uses and that the specific element or phase being reviewed is consistent overall with a previously approved Development Plan. EXHaPg IC° 8 Record of Information Distribution Re SilverStar Destination`s Proposed Village Redevelopment • September, 2006: o First article in the Sunriver Scene... "Contract has been signed to purchase the Sunriver Village" • November, 2006: o Article in Sunriver Scene... "SilverStar still in due diligence for Village purchase. ■ Included conceptual renderings showing architectural design aspects of other villages being considered for Sunriver • December, 2006: o Article in Sunriver Scene... "Village buyer schedules public meeting" o December 4, 2006 SilverStar informational meeting at the Great Hall o December 20, 2006 Agreement between SilverStar and SROA approved by BOD's and published with an executive summary on SROA's web-site o Hard copies of the Agreement, zoning exhibit and summary made available to Owners in SROA administration facility • January, 2007: o Article in Sunriver Scene... "SilverStar reveals preliminary plans to redevelop Village" ■ Included conceptual site plan o Updated information on SROA's web-site • February, 2007: o Article in Sunriver Scene... "Summary of the Sunriver Village purchase agreement with SilverStar" ■ Included conceptual site plan with an overlay indicating current configuration of existing roads o President's message in Sunriver Scene... "SROA's role in the mall redevelopment agreement" o Updated information on SROA's web-site • March, 2007: o President's message in Sunriver Scene... "Major projects and Village redevelopment keeping everyone busy" o Updated information on SROA's web-site EXH 3 Pg 1 11/8/2007 1 • April 2007: o First of three scheduled addresses to the public arranged by the Sunriver Chamber of Commerce. • May, 2007: o Article in Sunriver Scene... "Meeting to update Village at Sunriver redevelopment" o President's message in Sunriver Scene... "Progress on many fronts" o Article in Sunriver Scene... "SROA Design Manual revisions proposed to accommodate village redevelopment" o Sunriver Chamber of Commerce meeting notice... "Village redevelopment topic of Chamber Forum on May 8" • June, 2007: o Article in Sunriver Scene... "Town Center zoning application filed with Deschutes County" o President's message in Sunriver Scene... "Progress report on strategic objectives" o Updated information on SROA's web-site • July, 2007: o Updated information on SROA's web-site • August, 2007: o Article in Sunriver Scene... "SilverStar Destinations names Mark Smuland vice president of development" o August 14th Sunriver Chamber sponsored its third quarterly presentation on the status of the village mall redevelopment project o Updated information on SROA's web-site • September, 2007: o Article in Sunriver Scene... "Owners updated on Sunriver projects at SROA annual meeting" o Article in Sunriver Scene... "SilverStar moves forward with village redevelopment" ■ Included conceptual site plan o September 12th, Letter from President of SROA sent to all owners regarding mall redevelopment o September 13th, Deschutes County Staff Report available to the public o September 13th, Deschutes County Planning Commission work session was first public meeting held by Deschutes County o September 25th, Special SROA Board meeting... "SilverStar Land Use Points Discussion" o September 27th, Deschutes County Planning Commission public hearing (6,000 notices sent by Deschutes County) o Updated information on SROA's web-site EXH3 P9a 11/8/2007 2 • October, 2007: o Article in Sunriver Scene... "County begins processing Village redevelopment" o Article in Sunriver Scene... "Letter to Sunriver owners regarding mall redevelopment" (copy of letter sent in mail to all owners) o Editorial in the Sunriver Scene... "from the editor's desk", "How to stay informed about Sunriver issues, projects and proposals" o October 2nd, Special SROA Board meeting... "Approval of Land Sale Terms between SROA and SilverStar Destinations" o October 8th, Special SROA Board meeting... "Approval of Land Sale Terms between SROA and SilverStar Destinations" o October 18th, Special SROA Board meeting... "Approval of Land Sale Terms between SROA and SilverStar Destinations" o October 25th, Notice of Continued Hearing mailed by County to everyone involved (testified or sent something to county) who had an address on record with the county o October 27th, Deschutes County Notice of Continued Hearing E- Mailed to everyone involved (testified or sent something to county) who had an e-mail address on record with the county o October 30th, Special SROA Board meeting... "Approval of Land Sale Terms between SROA and SilverStar Destinations" o October 30th Article in Bend Bulletin with dates and times of future meetings o Updated information on SROA's web-site • November, 2007: o Article in Sunriver Scene... "Property owners voice support, concerns over Village zoning change request" o Notice in Sunriver Scene... "SROA to conduct special election in early 2008" o Updated information on SROA's web-site o November 1st Deschutes County Staff Report available to the public on county web-site o November 5th, Notice posted on SROA web-site regarding November 8th SilverStar and SROA joint Q&A meeting prior to public hearing o November 8th SilverStar and SROA joint Q&A meeting prior to county public hearing 3:30 PM to 5:30 PM o November 8th second Deschutes County Planning Commission public hearing held in Sunriver 6:00 PM to ?:00 PM In addition to notices posted on the SROA web-site all public meetings were also noticed on cable channel 4 in Sunriver. EXH 3 Pg 3 11/8/2007 3 Deschutes County Planning Commission Public Hearing, 11-08-2007 Heritage Room, Sunriver, OR My name is Doris Brannan. My husband and I have known Sunriver since the 1970s as guests, renters, second home owners, and for the last 9 years as full time residents. We feel so fortunate to be able to live in such a wonderful place that we both have devoted years of volunteer service to the community in many different ways. At this critical time, I am the Sunriver Owners Association President. I am here this evening as the spokesperson for the entire Board of Directors. Because the Board values the Commissioners' time and realizes that manly people will want to testify, we have chosen to have one speaker representing the Board and thus representing the Sunriver community. If, later, the Commissioners have questions about parking or traffic, I will defer to Bill Starks, Vice President of the Board. Will the members of the Board please stand as I read your names: Bill Starks, Vice President; Karen Pitner, Secretary; Dennis Wood, Treasurer; Cheryl Fellers, Herb Dix, Tom Ped, Dave Finney. Wayne Thomas is out of town so could not be here. If I tried to tell you how much time these volunteers along with other volunteers have spent working on the details of the zoning, you most likely would not believe it. I assure you that these people are giving Sunriver true dedication and intense caring. Thank you, Board. The entire Board has apx: roved the written testimony that has been submitted to the Planning Commission. Copies of the written testimony were available at the open house today, are or will be on the SROA website, and are available in the back of this room (or at the desk at the SROA office.) what ever is the case I do not wish to repeat the entire written testimony, but to highlight some topics and provide some additional information. It is important to recall the thoughtful, evolving process that has brought us to this continuation hearing this evening. A new zoning district is not an idea that just popped up out of a hat as a surprise. Years of work, sharing idegs.looking for opportunities, considerin possibilities. and looking to the, future preceded the devela ment of this proposal and our careftWy cgnsidered support of this zone change. I spoke to the details of the history at the September 27th hearing. Right from the beginning of our consideration of the Silver tar Destinations proposal, SROA has sought the County Planning Department's advice. This in many ways has been a three-party discussion: SROA. SilverStar, and Deschutes Coin The creation of the zonind lanctuage is a first but crucial step. The three-parties must continue working together though the upcoming steps of mapping, the conceptual site plan, and specific site plans. SROA will be reviewing and approving the conceptual site plan. A Development Plan Review Team consisting of Bill Starks, Herb Dix, Tom Ped and myself will assume the lead in these reviews. The SROA Design Committee will study and need to approve each of the proposal components. They will assure that architecture, along with other design concerns, will be compatible with Sunriver styles and standards. In brief, there are a number of steps for analyzing. and providing critical feedback at each step Information has been provided to owners throughout the entire process of ettting to this point of requesting a zone creation. The written testimony lists a summary of what has been available and a chart was shown at the open house. We thank the Sunriver newspaper, the Scene, for the thorough coverage during the last 3 years. This newspaper is our primary method of communicating with the owners, but other methods have also been available to owners. Information from owners to the Board has been supplied. The Board has read and considered each letter it has received and the ones that the County has received. The Board had similar concerns at the beginning and that is why we proceeded cautiously and tried to look at as many angles as we could. Considering and analyzing all factors, led us to this end product for the zoning that we support . Our Board agrees that there are big considerations regarding this zoning language: We strongly request that the Planning Commission retains the lan cage that limits the dwellings to 22 per gross acre in the Town Center District Sunriver needs this ,limit! Other factors are simply not enough to control the number of people. We strongly urge the County accept the height- calculation language that SROA and SSD spent hours developing to provide the community with an accurate representation of building heights The Conceptual Site PlanProcess developed bX SROA and SilverSar Destinations is crucial. This process will provide "real" information to the community and to the County before any development actually occurs. This new, carefully worked out, detailed procedure is our way to show compliance with both the Town Center District and the County Comprehensive Plan. SROA urges the Planning Commission to retain the traffic study, langmage offered by SilverStar in the zoning lan uacree_ Our preliminary traffic studies were just that, a start. SROA remains neutral on the traffic And parking issues at this time. Further studies are needed for the County SROA, and SilverStar to fully address infrastructure issues such as traffic, parking, water, sewer, and public safety which appropriately comes later in the land use phase of this process. Beaver Drive is where it is on the proposed map because the Board, not SilverStar. insisted that it be there. This location insures safe and direct traffic routes in the area, efficient emergency evacuation, improves the approach to the planned traffic circle at Abbot and Beaver, is the original location of Beaver Drive and is an existing road- right-of-waft owned by SROA. In addition, to the above requests, we need to try to address some misconceptions. First, a question raised on Sept 27 h was, "Does the Board of Directors have the authority to make agreements?" The answer is YES. The Consolidated Plan of Sunriver, Section 9.05, states, "The Board of Directors of the Owners Association shall be the Administrator and shall perform all the duties, have the responsibilities and possess the authority to carry out the business affairs of the Owners Association and the provisions in the Consolidated Plan, not otherwise reserved in or assigned to the owners." The owners "act through the elected Board of Directors for most purposes." from Sunriver Legal Framework) Owners are to male their views known to the Board, vote for the fees in excess of 6% a year, vote for Board of Directors, must approve new capital expenditure exceeding $25,000 or special assessments, approve trades of property and approve an amendment to the Consolidated Plan of Sunriver. They must comply with governing documents and rules, and pay assessments and fines. Does the vote in February concern the zoning? NO. The vote in February asks owners about selling some parcels of land to SilverStar to unify the core are, to approve a one-time amendment to the Consolidated Plan to allow the sale, and to permit the construction of a circle at Abbot and Beaver. There is nothing inthe upcoming vote that impacts the Planning Commission's consideration of the pending text and plan amendment applications. In summary, the. SROA Board of Directors supports the proposed Town Center Zone We ask that the Planning Commission keep the 22 dwellings per gross acre, accept the height-calculations, preserve the Conceptual Site Plan Process, retain the traffic study language, and continue to monitor infrastructure needs as the project develops, We, the SROA Board, sincerely thank you, Commissioners, for your attention to this important new text before you and for listening to our concerns. Doris Brannan, SROA President 29 McNary Lane 18160 Cottonwood Road #415 Sunriver, OR 97707 SLWRIVER OWNERS ASSOCIATION MAINTAINING SUNRIVER AS A PREMIER RESIDENTIAL AND RESORT COMMUNITY PROTECTING AND ENHANCING ITS QUALITY OF LIFE, NATURAL ENVIRONMENT AND PROPERTY VALUES. December 26, 2007 VIA HAND, USPS MAIL & E-MAIL DELIVERY Deschutes County Planning Commission 117 NW Lafayette Avenue Bend, Oregon 97701-1925. Re: SilverStar Destinations, LLC applications Town Center District - Sunriver Village Mall County File Nos. PA-07-6 and TA-07-6 Dear Chair. Shirtcliff and Commissioners: I am the President of the Sunriver Owners Association (SROA), and submit this supplemental written testimony into the record for the above-referenced files. INTRODUCTORY COMMENTS During your deliberation on January 10, SROA asks that the Planning Commission members review the written testimony SROA provided for the November 8 Planning Commission Meeting regarding the Town Center District (TCD). Our comments still apply, however, SROA would like to add certain information that may provide a better understanding of some of the issues that have been raised and prove helpful in formulating your recommendations to the County Commissioners. ADDITIONAL INFORMATION REGARDING SPECIFIC ITEMS Building Height Calculation: SROA was invited to observe a balloon test to determine if and/or where in Sunriver the proposed building heights would be visible. A group of volunteers assisted with this exercise and were stationed at various observation points throughout Sunriver and neighboring communities. Observations: 1. Balloons were visible from in and around the immediate village core area and could be seen from various portions of Abbot and Beaver drives that are immediately adjacent to the Village Mall. 2. Balloons were not visible beyond the immediate village core area with one exception. The one balloon that signed the top of the 75 foot portion of the proposed hotel was barely visible to the naked eye from the office of the Sunriver Airport. It was not higher than the adjacent tree line and the tree line P.O. BOX 3278 - SUNRIVER, OREGON 97707 - (541) 593-2411 - TOLL FREE (888) 2846639 - FAX (5411..9;".uao beyond the balloon was much higher than the balloon and continued to rise in elevation. The balloon could not be seen against the skyline or above the tree line. Density Calculations The Developer of Sunriver commissioned a study in 1977 to project the population growth and demographics of Sunriver. The study forecasted "full build-out" of Sunriver by 1990 (approximately 4,200 units) and that 50% of the units in Sunriver would be occupied by permanent residents at that time. This permanent resident population never occurred. Instead, the estimated percentage of permanent population has gradually declined from its highest estimated percentage of 22% to its current estimated percentage of only 12.5%. From these figures, one can make the following assumptions regarding density: 1. 1977 projection= 420O X 50% = 2100 units X 2 people per unit= 4,200 2. Highest estimate = 4200 X 22% = 925 units X 2 people per unit = 1,850 3. Current population = 4200 X 12.5% = 525 units X 2 people per unit = 1,050 The zoning ordinances for Sunriver over the years included the PL-15 Zone, PC Zone and the Sunriver Master Plan (all repealed and replaced by the Sunriver Urban Unincorporated Community °SR-UUC- in 1998). Each of the prior zoning regulations contained an overall density cap for Sunriver of 1.5 units per acre. This overall density cap was established by the Sunriver Master Plan to ensure adequate room for open space and out door amenities. Using the figures above, one can make the following assumptions and comparisons for the maximum dwelling unit densities in Sunriver. 1. Original size of Sunriver 5,500 acres X 1.5 units per acre = 8,250 units 2. Current size of Sunriver 3,373 acres X 1.5 units per acre = 5,060 units 3. Current planned density = condos + homes + vacant lots = 4,200 units 4. Projected density = 4,200 units + 583 units proposed TCD = 4,783 units The current zoning ordinance (SR-UUC) does not have an overall cap on density for Sunriver. However, as indicated above, the overall Sunriver density that can be projected with the additional units contemplated by SilverStar Destinations (SSD) for the village is less than that originally planned and permitted under previous governing documents. SR OA Common Area: SROA has 1,417 acres of common area (approximately 250 of those acres are Road Right of Way) I. There are six (6) acres of SROA common area in and around the village that appear in SilverStar's preliminary conceptual plans. The sale of this common area acreage is subject to approval by a vote of the owners. 2. This common area acreage is land that is presently designated and zoned for development. While it is "common property" in the sense that it is commonly owned by SROA, it is not the same as the common property that surrounds private homes in Sunriver. a. Approximately two (2) of the six (6) acres (current location of Beaver Drive) are currently zoned Commercial. These two (2) acres were added to the total acreage of land owned by SROA in 1992 when Mall Drive (now Beaver Drive) was deeded to SROA by a previous mall owner. b. The remainder is currently zoned Community General or is Private Way. 3. The 6 acres are less than one-half of one percent of the SROA owned common area property. Residential Uses Permitted: It appears an issue has arisen as to whether residential uses were ever permitted in the Commercial District. Residential uses have been permitted in this District: 1. The 1974 Declaration of Protective Covenants for the Country Mall permits "high density residential development." 2. The 1988 Declaration Establishing the Sunriver Country Mall prohibits anything from being placed upon any commercial area except as permitted by the Sunriver Master Plan and the Planned Community Ordinance (as they may be amended from time to time by Deschutes County). 3. The Sunriver Master Plan (repealed in 1998) specifically permitted residential uses in the Commercial area as long as the use did not cause the overall density of Sunriver to exceed 1.5 dwelling units per acre. 4. The Planned Community Zone (repealed in 1998) permitted the Commercial area as a conditional use consistent with the Master Plan and standards of the RM District. 5. Both the Sunriver Master Plan and Planned Community Zone were repealed and replaced with the current SR-UUC for Sunriver. The SR-UUC permits residential uses as an outright permitted use (multiple-family residential units and residential units constructed in the same building as a commercial use subject to certain use limits). 6. Plans submitted and approved by the SROA Design Committee in 1983 for the first phase of residential units in the village mall consisted of 34 multi-family residential units. While proposed, this use was never developed. 7. In 2005 nine acres of the Country Mall (Commercial) property were developed with 47 multi-family residential units. CONCLUSION In an effort to not repeat the written testimony SROA previously provided the Novem 2007 Planning Commission meeting, the above constitutes additional iin oramat on SROAAr 8, determined would provide further clarification and facts regarding issues raised during this text amendment process. SROA reiterates the statements made in its prior written testimony and specifically hopes that the Planning Commission will review and consider SROA's prior statements concerning matters such as the application and approval process, methodology for calculating height, and the traffic and parking issues. Each of these is very important to SROA SROA acknowledges that the Planning Commission has been presented with quite a bit of information, either in writing or oral testimony. SROA represents approximately 4200 unit owners. If you read all of the letters posted on the County web site (as of the December 13 public hearing), the number of letters registering some form of opposition represents approximately 3% of the unit owners (households) in Sunriver. Further, even most of these opposition letters begin with the premise that Sunriver owners and visitors want a revitalized village. (They are just opposed to some of the specific aspects of SilverStar's projected proposal.) Many of the concerns and/or objections raised are certainly valid, and SROA has taken care to read all of the letters, listened carefully to the comments, and respects everyone's opinion. The opinions SROA has heard and read confirm SROA's belief that the revitalization opportunities presented by the proposed text language is consistent with the desires of the majority of the Sunriver owners. This opportunity represents a positive new direction for the community of Sunriver and its future. SROA greatly appreciates the time and effort that the Planning Commission has given to these very important issues, and especially appreciates the fact that the Commission arranged its schedule to bring the meetings to the people of Sunriver. SROA recognizes that you will give our testimony, and all the testimony, your full consideration and attention during deliberations. Thanks for the opportunity to comment on these applications. your final Respectfully submitted, Doris Brannan President of the Sunriver Owners Association