2026-3-Ordinance No. 2025-020 Recorded 1/12/2026REVIEWED
Recorded in Deschutes County
Steve Dennison, County Clerk �J2��-3
LEGAL COUNSEL Commissioners' Journal 01 /12./2026 2:24:09 PM
2026-3
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County
Code Title 18, Zoning Ordinance, Relating to Uses * ORDINANCE NO. 2025-020
Allowed in the Sunriver Community Limited District.
WHEREAS, Sunriver Resort Limited Partnership applied for a text amendment to Deschutes County
Code ("DCC") Section 18.108.140 (Planning Division File No. 247-25-000035-TA); and
WHEREAS, after notice was given in accordance with applicable law, a public hearing was held on
October 23, 2025, before the Deschutes County Hearings Officer; and
WHEREAS, on November 4, 2025, the Hearings Officer forwarded a recommendation of approval of
the proposed text amendment to the Board of County Commissioners ("Board"); and
WHEREAS, pursuant to DCC 22.28.030(B), the Board shall, in the absence of an appeal, adopt the
Hearings Officer's recommendation; and
WHEREAS, the Board voted 3-0 on December 3, 2025, to accept the Hearings Officer's
Recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Section 18.108.140, Sunriver Community Limited (CL District), is
amended to read as described in Exhibit "A", attached and incorporated by reference herein, with new language
underlined and deleted language set forth in st -i't h.
Section 2. FINDINGS. The Board adopts as its decision the Hearings Officer's Recommendation,
Exhibit `B", attached and incorporated by reference herein.
MIA
PAGE 1 OF 2 - ORDINANCE NO.2025-020
Dated this of J 2026
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
PHIL CHANG, Chair
ANT1IONY DeBONE, Vice Chair
- � o& kU-L4�
PATTI ADAIR, Commissioner
Date of I" Reading: day of l • 2025.
Date of 2" a Reading: / day of J 2026.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Phil Chang _
Anthony DeBone
Patti Adair
Effective date: day of 2026.
PAGE 2 OF 2 - ORDINANCE NO.2025-020
Exhibit Ato Ordinance 2025-020
CHAPTER 18.108 URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18.108.140 Community Limited; CL District
A. Uses Permitted Outright. The following uses are permitted outright, subject to the
applicable provisions of DCC 18.116 and DCC 18.124:
1. Picnic and barbecue areas, including picnic tables and benches.
2. Recreational path.
3. For any structure existing as of April 7, 2026 that is located partially in the CL District
and partially in the RE District, any use permitted in the RE District is also permitted
in the portion of the structure in the CL District.
NZWOTIM
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 2025-002 §26 on 312812025
Amended by Ord. 2025-020 §1 on x/xx/xxxx
Exhibit A to Ordinance 2025-020
Mailing Date:
Exhibit B to Ordinance uesday, November 4, 2025
2025-020
HEARINGS OFFICER RECOMMENDATION
SUNRIVER COMMUNITY LIMITED DISTRICT TEXT AMENDMENT
FILE NUMBER:
SUBJECT PROPERTIES/
OWNER:
APPLICANT:
247-25-000035-TA
Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP
Map and Taxlots: 1911310000300 /2011060000500
Accounts: 136299 / 259336
Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707
Radler White Parks & Alexander, LLP ("Applicant")
REQUEST: The Applicant requests approval of a text amendment of the
Deschutes County Code (DCC) Section 18.108.140, Sunriver
Community Limited (CL) District, to add the following new use as a
use permitted outright:
"3. For any structure existing as of [EFFECTIVE DATE OF
ORDINANCE] that is located partially in the CL District and
partially in the [Resort Equestrian] RE District, any use
permitted in the RE District is also permitted in the portion of
the structure in the CL District."
The applicability of the proposed amendment is limited to the
subject properties listed at the top of this recommendation.
HEARINGS OFFICER: Gregory J. Frank
STAFF CONTACT: Caroline House, Senior Planner
Phone: 541-388-6667
Email: Caroline.House@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutes.org/cd/page/247-25-000035-ta-sunriver-
community-limited-district-text-amendment
1
Exhibit B to Ordinance 2025-020
I. GENERAL FINDINGS:
Applicant filed an application (Applicant's Proposal") for a text amendment as summarized
above (Request Section). A Notice of Public Hearing was published consistent with the
Deschutes County Code ("DCC") setting a hearing date for 1:00 p.m. on October 23, 2025 (the
"Hearing"). The Hearing was held virtually and in -person (in the Deschutes Services Building —
First Floor — Barnes & Sawyer Rooms, 1300 NW Wall Street, Bend, OR 97703). Present at the
Hearing were Deschutes County staff, Gregory J Frank ("Hearings Officer") and representatives
of the Applicant. No person testified at the Hearing, either virtually or in person, in opposition
or neutral to the Applicant's Proposal.
Deschutes County Staff Planner Caroline House ("House") provided a presentation/overview of
Applicant's Proposal and Staff's analysis of Applicant's Proposal. Attorney Steven Hultberg
("Hultberg") appeared at the Hearing and provided a brief summary of Applicant's Proposal.
Hultberg requested the Hearings Officer adopt the analysis and conclusions set forth in the Staff
Report, Sunriver Community Limited District Text Amendment (Staff Report").
The Staff Report, in the Conclusion and Recommendation section, stated the following:
"Based on the findings above, staff believes the proposed text amendment complies with
the applicable criteria of DCC Title 18, DCC Title 22, DCC Title 23 and the applicable
sections of OAR. Staff requests the Hearings Officer determine if the Applicant has met
the burden of proof necessary to justify the proposed text amendment."
The Hearings Officer reviewed the Staff Report and other documents contained in the public
record. The Hearings Officer finds the Staff Report correctly identified relevant approval criteria.
The Hearings Officer finds Staff's analysis of the relevant approval criteria and evidence in the
record is factually and legally supportable. The Hearings Officer concurs with the first sentence
of the Staff's above quoted conclusion and therefore finds that Applicant's Proposal has met the
legally mandated burden of proof to merit approval.
The Hearings Officer incorporates the Staff Report (attached to this Hearings Officer
Recommendation) as additional findings and conclusions.
II. RECOMMENTATION:
The Hearings Officer recommends approval of Applicant's Proposal.
?�Zr7 / tao
Gregory J. Frank
Deschutes County Hearings Officer
Attached: Staff Report for 247-25-000035-TA
2
Exhibit B to Ordinance 2025-020
STAFF REPORT
SUNRIVER COMMUNITY LIMITED DISTRICT TEXT AMENDMENT
FILE NUMBER: 247-25-000035-TA
SUBJECT PROPERTIES/
OWNER: Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP
Map and Taxlot: 1911310000300 /2011060000500
Account: 136299 / 259336
Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707
APPLICANT: Radler White Parks & Alexander, LLP ("Applicant')
REQUEST: The Applicant requests approval of a text amendment of the Deschutes
County Code (DCC) Section 18.108.140, Sunriver Community Limited
(CL) District, to add the following new use as a use permitted outright:
"3. For any structure existing as of [EFFECTIVE DATE OF
ORDINANCE] that is located partially in the CL District and
partially in the [Resort Equestrian] RE District, any use permitted
in the RE District is also permitted in the portion of the structure
in the CL District."
The applicability of the proposed amendment is limited to the subject
properties listed at the top of this staff report.
STAFF CONTACT: Caroline House, Senior Planner
Phone: 541-388-6667
Email:.Caroline.House@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutes.org/cd/page/247-25-000035-ta-su n river -
community -limited -district -text -amendment
11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (541) 388-6575 ipdgdeschutes.org wwodeschutes.org/cd
Exhibit B to Ordinance 2025-020
APPLICABLE CRITERIA:
Deschutes County Code (DCC)
Title 18, Deschutes County Zoning Ordinance:
Chapter 18.108, Urban Unincorporated Community Zone - Sunriver
Chapter 18.136, Amendments
Title 22, Deschutes County Development Procedures Ordinance
Title 23, Comprehensive Plan
Chapter 1, Comprehensive Planning
Chapter 4, Urban Growth Management
Oregon Administrative Rules (OARS)
OAR 660-012, Transportation Planning
OAR 660-015, Statewide Planning Goals and Guidelines
OAR 660-022, Unincorporated Communities
11. BASIC FINDINGS:
SITE DESCRIPTION: The Applicant's proposed text amendment will only affect properties with existing
structures that are partially located in both the CL and RE Districts within the Urban Unincorporated
Community of Sunriver. In total, there are only two properties in Deschutes County with the RE District
zoning designation and both properties also contain CL zoned land or abut the CL District. These
properties are identified on Deschutes County Assessor's Maps 19-11-31, as tax lot 300 and 20-11-06,
as tax lot 500 (see Figure 1 below). Sunriver Resort Limited Partnership (L.P.) owns both tax lots and
below staff provides a more detailed site description for each tax lot.
Tax Lot 300
This +/-104-59-acre irregularly shaped property is split zoned RE District, CL District, and Resort Marina
(RA) District in the Urban Unincorporated Community of Sunriver. In addition, the Airport Safety (AS)
and Landscape Management (LM) Combining Zones and Sunriver Flood Plain District (SUFP) apply to
this tax lot. The southeast lot line abuts River Road, a private local road, and Deschutes Road, also a
private local road, bisects the northern third of the tax lot. Paved recreational paths are established
along the east lot line and southern areas of the tax lot. The north lot line and portions of the west lot
line abut the Deschutes River. The Sunriver Resort Marina is established on the northern third and
the Sunriver Stables are established on the south-central area of the property. Most of the Sunriver
Stables structures are located entirely in RE District. However, there is one existing equestrian stable
structure located partially in the CL District and partially in the RE District (see Figure 2 below).
According to the FEMA Flood Insurance Rate Map (FIRM) for Deschutes County and the Local Wetlands
Inventory, respectively, this property is partially located in the 100-year flood plain and contains
significant areas of jurisdictional wetlands.
Tax Lot 500
This +/- 26.40-acre irregularly shaped property is entirely zoned RE District. The AS and LM Combining
Zones and the SUFP also apply. The east lot lines abut River Road and the west lot lines abut the
247-25-000035-TA Staff Report Page 2 of 23
Exhibit B to Ordinance 2025-020
Deschutes River. Paved recreational paths are established along the west lot lines abutting the
Deschutes River. The remaining areas of the property appear to be undeveloped and there do not
appear to be any structures on this tax lot. According to the FEMA FIRM and the Local Wetlands
Inventory, respectively, this property is partially located in the 100-year flood plain and contains
significant areas of jurisdictional wetlands.
FFiure 1 - Subject Properties & Base Zone Designations
247-25-000035-TA Staff Report Page 3 of 23
Exhibit B to Ordinance 2025-020
Figure 2 - Existing on Tax Lot 300 Partially in the CL and RE Districts
(Reference Blue Bubbled Structure)
PROPOSAL: The Applicant's Burden of Proof includes the following background on why this text
amendment has been requested:
The applicant represents Sunriver Resort Limited Partnership, the owner of the Sunriver
Stables, located at 57215 River Rd, Sunriver, OR 97707. The minor text amendment proposed
in this application is intended to address an existing boarding stable building (the "Boarding
Stable") that appears to straddle the line between the SU-CL (Sunriver - Community Limited)
and SU-RE (Sunriver - Resort Equestrian) zones.
The proposed text amendment is narrowly tailored to address the split zoning issue of the
Boarding Stable that staff recently brought to our attention. The Boarding Stable itself was
approved in 2007 in County Land Use Case File No. SP-07-43 (the "2007 Approval"). However,
the 2007 Approval is ambiguous about the approved location of the new building and, as far
as we and staff can tell, the Boarding Stable today straddles the zoning boundary line. The
erroneous location was not identified by the County in its inspections at the time of
construction nor by the owner in the 18 years since the 2007 approval of the Boarding Stable.
Although we have not been able to identify the precise cause of this issue, the applicant hopes
that this text amendment can bring resolution to the issue staff have brought to our attention.
The Applicant's Burden of Proof includes the following information on the proposed language of the
text amendment:
247-25-000035-TA Staff Report Page 4 of 23
Exhibit B to Ordinance 2025-020
The applicant proposes the following amendment to the text of Deschutes County Code
("DCC") Title 18, Chapter 18.108, Sunriver - Community Limited zone (" CU). The proposed
change would permit existing structures that straddle the zoning boundary between the CL
zone and an abutting Sunriver - Resort Equestrian zoned area (" RE") to conduct the use
permitted in the RE zone in the portion of the structure in the CL zone.
To the applicant's knowledge, the only existing structure that straddles those two zoning
boundaries in the county is the Boarding Stable approved in the 2007 Approval.
The amendments would not remove text from the code, and would add the following text,
indicated in blue underline:
18.108.140 Community Limited; CL District
A. Uses Permitted Outright. The following uses are permitted outright:
1. Picnic and barbecue areas, including picnic tables and benches.
2. Recreational path
3. For any structure existing as of [EFFECTIVE DATE OF ORDINANCEI that is
located partially in the CL District and partially in the RE District, any use
permitted in the RE District is also permitted in the portion of the structure in
the CL District.
As the relevant text only applies to an existing structure "partially in the CL District and
partially in the RE District", the proposed amendment is limited in applicability to locations
where the CL and RE districts are abutting. To the applicant's knowledge, and consistent with
the zone's special purpose for the Sunriver community, the RE district is only applied to lands
in the area to the west of the Sunriver Airport, where it abuts the CL district to the north and
south, as shown on the following page.
Staff finds the proposed text amendment will expand the uses permitted outright, for the portion
of the existing structure in the CL District, to also include:
• An equestrian facility;
• A park;
• A playground; and
• A building or buildings each not exceeding 8,000 square feet of floor area which include any
combination of:
o Retail sales, rental, and repair services commonly associated with equestrian
facilities.
Lastly, staff notes all uses permitted outright under DCC 18.108.140(A) are subject to the applicable
provisions of DCC 18.116 and DCC 18.124. Based on the Applicant's response above, the Applicant
is not proposing to "remove text from the code" and these provisions would continue to apply.
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on February 5, 2025, to several
public agencies and received the following comments:
247-25-000035-TA Staff Report Page 5 of 23
Exhibit B to Ordinance 2025-020
Deschutes County Building Division, Randy Scheid
f
NOTICE: The Deschutes County Building Safety Divisions code mandates that Access,
Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically
addressed during the appropriate plan review process with regard to any proposed
structures and occupancies.
Accordingly, all Building Code required items will be addressed, when a specific structure,
occupancy, and type of construction is proposed and submitted for plan review.
Deschutes County Transportation Planner, Tarik Rawlings (August 6, 2025, Revised Comments)
I have reviewed the transmittal materials for 247-25-000035-TA for a text amendment
request to DCC 18.108.140 (Sunriver Community Limited (CL) District) to add the following
as a use permitted outright:
"3. For any structure existing as of [EFFECTIVE DATE OF ORDINANCE] that is located partially
in the CL District and partially in the RE District, any use permitted in the RE District is also
permitted in the portion of the structure in the CL District."
The proposed text amendment is limited to the following properties, totaling 130.99 acres
within the Sunriver Resort Equestrian District (SURE), Sunriver Flood Plain District (SUFP),
Sunriver Community Limited District (CL), Sunriver Resort Marina District (SURA), Flood Plain
(FP) Zone, and the Airport Safety (AS) and Landscape Management (LM) Combining Zones:
Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP
Map and Taxlot: 1911310000300 /2011060000500
Account: 136299 / 259336
Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707
I have reviewed the application materials for potential Transportation Planning Rule (TPR)
effects. While the proposal would effectively allow some form of structural development
where there is currently no allowance, the location of the subject zoning districts (SURE,
SUCL) within the larger Sunriver Urban Unincorporated Community (UUC) demonstrates
compliance with the allowable uses for UUCs as defined in OAR 660-022-0010 and further
described in OAR 660-022-0040. Overall, the proposed amendments appear to comply with
TPR provisions. Staff has also reviewed the proposed amendments against the Sunriver UUC
goals and policies outlined in the draft Deschutes County 2040 Comprehensive Plan (Chapter
11), and the current 2010-2030 Deschutes County Comprehensive Plan and finds that the
proposal appears to comply with the various initiatives outlined therein and produces no
foreseeable adverse effects.
Any subsequent development on the subject properties may require transportation analysis
pursuant to DCC 18.116.310, produced by an Oregon -certified Transportation engineer, if
247-25-000035-TA Staff Report Page 6 of 23
Exhibit B to Ordinance 2025-020
and when such development is proposed. As the property's adjacent roadways are private
roadways, staff finds the access perrnit requirements of DCC 12.28.050 do not apply.
Board Resolution 2024-038 sets a transportation system development charge (SDC) rate of
$5,856 per p.m. peak hour trip. As the proposal is a legislative amendment and no
development is included, no SDCs apply to the subject proposal.
Oregon Department of Aviation, Brandon Pike
Thank you for providing the opportunity for the Oregon Department of Aviation (ODAV) to
comment on file number(s): 247-25-000035-TA
ODAV has reviewed the proposal and prepared the following comment(s):
1. In accordance with FAR Part 77.9 and OAR 738-070-0060, future development
at this site may be required to undergo aeronautical evaluations by the FAA
and ODAV. The applicant can use the FAA's Notice Criteria Tool to determine
which proposed structures (including any cranes or other tall construction
equipment) warrant a notice of construction. If so, they are required to provide
separate notices of construction to both the FAA and ODAV. The applicant
should receive the resulting aeronautical determination letters from the FAA
and ODAV prior to approval of any building permits.
2. The height of any new structures, trees, and other planted vegetation shall not
penetrate FAR Part 77 Imaginary Surfaces, as determined by the FAA and
ODAV.
3. The subject property appears to be located partially under the transitional
surface of Sunriver Airport. Pursuant to the State of Oregon's Airport Land Use
Compatibility Guidebook, some forms of development are not considered
compatible land uses when located near a public -use airport. Per Table 3-4:
Compatible Land Uses per FAR Part 77 Surfaces and FAA Safety Areas, the
following land uses are identified as incompatible developments when located
under the transitional surface of public -use airports: residential uses, places
of public assembly, most recreational uses, and resource production and
extraction uses.
ODAV does not recommend approval of development which is found to be in conflict with
the Airport Land Use Compatibility Guidebook. The applicant is advised to contact Brandon
Pike, Aviation Planner with ODAV (see contact information below) to discuss potential
aviation -related concerns or limitations with the property.
Please reach out if you have questions or concerns. I'm available if the applicant has any
questions or wants our input at this stage.
247-25-000035-TA Staff Report Page 7 of 23
Exhibit B to Ordinance 2025-020
The Applicant contacted ODAV and, in response to that communication, ODAV provided the
following additional comments on February 25, 2025:
Thank you for providing this clarifying information. It's helpful to know the background and
purpose of the application.
These comments are partially intended to alert the property owner and/or applicant about
the potential considerations that may need to be taken into account when owning and
developing property near a public -use airport. So, while there is no new development
proposed with this application, we include this information (specifically calling out future
development) to ensure it enters the record and alerts the owner and future developers of
these potential implications.
ODAV does not oppose the text amendment as proposed, so long as the considerations
we've identified are recognized for future development.
The following agencies did not respond to the notice: Deschutes County Assessor, Deschutes
County Code Enforcement, Deschutes County Onsite Wastewater Division, Deschutes National
Forest, Oregon Department of Fish & Wildlife, Oregon Parks & Recreation, SunriverAirport Manager,
Sunriver Fire Department, Sunriver Owners' Association, Sunriver Utilities, and US Fish & Wildlife.
PUBLIC COMMENTS: The Planning Division mailed notice of the application to all property owners
within 250 feet of the subject properties on February 5, 2025. The Applicant also complied with the
posted notice requirements of Section 22.24.030(B) of Title 22. The Applicant submitted a Land Use
Action Sign Affidavit indicating the Applicant posted notice of the land use action on February 10,
2025. No public comments were received.
NOTICE REQUIREMENT: On September 3, 2025, the Planning Division mailed a Notice of Public
Hearing to all property owners within 250 feet of the subject property and public agencies. A Notice
of Public Hearing was published in the Bend Bulletin on Sunday, September 7, 2025. Notice of the
first evidentiary hearing was submitted to the Department of Land Conservation and Development
on September 9, 2025.
REVIEW PERIOD: According to DCC 22.20.040(D), the review of the proposed quasi-judicial text
amendment application is not subject to the 150-day review clock.
247-25-000035-TA Staff Report Page 8 of 23
Exhibit B to Ordinance 2025-020
III. FINDINGS & CONCLUSIONS:
Deschutes County Code
Title 18, Deschutes Zoning Ordinance
Chapter 18.136, Amendments
Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or
legislative map changes shall be as set forth in DCC 22.12. A request by a property owner
for a quasi-judicial map amendment shall be accomplished by filing an application on
forms provided by the Planning Department and shall be subject to applicable procedures
of DCC Title 22.
FINDING: The Applicant, as a representative of the property owner, has requested a quasi-judicial
text amendment and filed the corresponding application. The Applicant has filed the required land
use application forms for the proposal. The application will be reviewed utilizing the applicable
procedures contained in DCC Title 22. Considering the nature of the proposed text amendment,
staff believes the County's review requires a two-step process following both quasi-judicial and
legislative procedures contained in DCC Title 22.
During a Hearings Officer's review of a recent applicant -initiated Text Amendment to the Airport
Development (AD) zoning code', the Hearings Officer addressed this threshold question as follows:
By its express terms, [DCC 18.136.010] states that the process for a text amendment is as
set forth in DCC 22.12. But DCC 22.12 broadly governs "legislative" procedures. DCC
22.04.020 defines legislative changes as follows:
Legislative changes generally involve broad public policy decisions that apply to other
than an individual property owner. These include, without limitation, amendments to
the text of the comprehensive plans, zoning ordinances, or the subdivision or
partition ordinance and changes in zoning maps not directed at a small number of
property owners.
As Staff points out in the Staff Report (attached to this decision as Exhibit B), the Text
Amendments do not fit squarely within this definition. Further, the Code does not expressly
define "text amendment" in the context of legislative changes or in the context of a quasi-
judicial land use application, even though DCC 22.12.030 allows an individual to seek
legislative changes through an application process. The Staff Report suggests that the Text
Amendments should be processed in the same manner as a quasi-judicial plan amendment,
which is governed by DCC 22.28.030.
1 Reference Deschutes County File No. 247-23-000470-TA.
247-25-000035-TA Staff Report Page 9 of 23
Exhibit B to Ordinance 2025-020
In support of its conclusion, Staff provides a detailed analysis under Strawberry Hill 4 Wheelers
v. Benton Co. Bd. of Comm., 287 Or 591, 601 P2d 769 (1979) ("Strawberry Hill Wheelers"). In
that case, the Oregon Supreme Court set out a multi -factor test to determine what process
applies to a land use application:
Generally, to characterize a process as adjudication presupposes that the process is
bound to result in a decision and that the decision is bound to apply preexisting
criteria to concrete facts. The latter test alone [applying preexisting criteria to
concrete facts] proves too much; there are many laws that authorize the pursuit of
one or more objectives stated in general terms without turning the choice of action
into an adjudication. Thus a further consideration has been whether the action, even
when the governing criteria leave much room for policy discretion, is directed at a
closely circumscribed factual situation or a relatively small number of persons. The
coincidence both of this factor and of preexisting criteria of judgment has led the
court to conclude that some land use laws and similar laws imply quasi[ -]judicial
procedures for certain local government decisions. Strawberry Hill 4 Wheelers at 602-
03.
As Staff correctly notes, the Strawberry Hill 4 Wheelers decision sets out three factors which
must be considered:
1. Is the inquiry bound to result in a decision?
2. Are there preexisting criteria that are applied to concrete facts?
3. Is the inquiry directed at a closely circumscribed factual situation or a relatively
small number of persons?
Although it is a close call, the Hearings Officer agrees with Staff that the three factors listed
above, in this case, warrant following a quasi-judicial process for the City's Application, at
least initially.
At the same time, the Text Amendments carry the qualities of a legislative act. The language
in DCC 22.04.020 provides that legislative changes "generally involve broad public policy
decisions that apply to other than an individual property owner" (emphasis added), and that
definition does not state that decisions applicable to only one individual property owner
cannot be legislative. Indeed, that Code provision goes on to list examples of legislative
decisions, including amendments to the text of zoning ordinances.
An important component of DCC 22.12 is DCC 22,12.050, addressing final decisions. That
Code provision states that "[a]II legislative changes shall be adopted by ordinance." That
language does not distinguish between purely legislative changes and those legislative
changes that may be processed using a quasi-judicial process. This makes sense because the
DCC is adopted by ordinance, and any changes to the text of the Code would be an
amendment to that adopted ordinance. It also makes sense because ORS 215.503(2)
requires that "ralll legislative acts relating to comprehensive plans, land use planning or
zoning adopted by the governing body of a county shall be by ordinance" (emphasis added).
247-25-000035-TA Staff Report Page 10 of 23
Exhibit B to Ordinance 2025-020
Based on the foregoing, I find that, in this case, the adoption of text amendments proposed
by an applicant is a two-step process. In the first step of the process, the Applicant has a right
under the Code to submit and to have considered an application to amend the Code's text.
This phase of the process is quasi-judicial in nature and it is appropriate to have a hearing
and to build a record following the principles of a quasi-judicial process. As part of that
process, the Hearings Officer is addressing the application only of the County's exi[s]ting
laws. The second step of the process is for the Deschutes County Board of Commissioners
("County Board') to adopt an ordinance to incorporate any text amendments to the Code.
Amendments to the text of a zoning ordinance are a change in the County's law, and only
the County Board can make such a change. In other words, the Hearings Officer is without
authority to amend the County's Code. The Hearings Officer, however, can make a
recommendation to the County Board based on what develops in the quasi-judicial phase of
the process. The County Board is free to accept or to reject the Hearings Officer's
recommendation.
As noted above, the Strawberry Hill 4 Wheelers test requires a case -specific analysis of all three
factors in combination. For the purposes of this review, staff addresses each component of the
Strawberry Hill 4 Wheelers test below:
1. Results in a Decision
The Applicant has submitted an application for a text amendment. The request will result in either
an approval or a denial, and a decision will be issued by the Board of County Commissioners
("Board") pursuant to DCC Title 22. As opposed to a policy change initiated by staff or decision -
makers, which has a wide discretionary choice between action and inaction, the subject request was
submitted as a land use application by the property owner and the County must take final action
on it. Staff finds the subject amendment clearly meets this component of the Strawberry Hill 4
Wheelers test.
2. Preexisting Criteria Applied to Concrete Facts
The subject application is being reviewed based on the preexisting criteria listed in Section I and the
Applicant's submittal includes a clear and concise statement of facts necessitating the subject
application. Therefore, staff finds preexisting criteria are being applied to concrete facts and the
application meets this component of the Strawberry Hill Wheelers test.
3. Directed at a Small Number of Persons
The Applicant's proposed text amendment will only affect properties with existing structures that
are partially located in both the CL District and RE District within the Urban Unincorporated
Community of Sunriver. As detailed in the Basic findings section, there is only one property with
these zoning conditions (ref. Deschutes County Assessor's Map 19-11-31, tax lot 300) and the
Applicant owns this property. Therefore, staff finds the proposed text amendment is directed at a
small number of persons and meets this component of the Strawberry Hill Wheelers test.
247-25-000035-TA Staff Report Page 11 of 23
Exhibit B to Ordinance 2025-020
When the factors above are considered in combination, staff finds the Strawberry Hill Wheelers test
is met and the subject text amendment can initially be reviewed as part of quasi-judicial process. As
noted in Hood River Valley v. Board of Cty. Commissioners, the differentiation between a legislative
and quasi-judicial process is important in order to ensure all affected parties are given a fair process.
In this case, a quasi-judicial process will provide for a public hearing before a Hearings Officer and,
subsequently, requires final action by the Board as part of a legislative process.
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12, Legislative Procedures
Section 22.12.010, Hearing Required.
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: As described above, staff finds the subject application is being reviewed as part of a quasi-
judicial and legislative process. The Hearings Officer is being asked to make a recommendation to
the Board. The Board will ultimately approve or deny the application and, if approved, adopt an
ordinance as part of a legislative process. The Planning Director has exercised their discretion not
to set a hearing before the Planning Commission.
Section 22.12.020, Notice.
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: This criterion will be met as notice will be published in The Bulletin newspaper at least 10
days prior to each public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
C. Individual Notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: As noted in the Basic Findings section, the Applicant complied with the posted notice
247-25-000035-TA Staff Report Page 12 of 23
Exhibit B to Ordinance 2025-020
requirement and individual notice was mailed to property owners within 250 feet of the subject
properties.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Copies of the notice of hearing will be provided to the County public information official
for wider media distribution. This criterion has been met.
Section 22.12.030, Initiation Of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of Commissioners or the Planning Commission.
FINDING: The Applicant has submitted the required fees and requested a text amendment. Staff
finds the Applicant is granted permission under this criterion to initiate a legislative change and has
submitted the necessary fee and materials.
Section 22.12.040, Hearings Body.
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: As described above, the subject application is initially being processed as part of a quasi-
judicial process. For this reason, this application has been referred to a Hearings Officer rather than
the Planning Commission for a recommendation. The adoption of the proposed text amendment
will follow a legislative process because it must be approved by the Board. For the purpose of this
criterion, staff notes the application has properties of both a quasi-judicial and legislative
amendment.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: The subject application was not initiated by the Board. Staff finds this criterion does not
apply.
Section 22.12.05, Final Decision.
All legislative changes shall be adopted by ordinance.
FINDING: Following issuance of the Hearings Officer's recommendation, the Board will ultimately
decide on whether to approve or deny the proposed text amendment. If the Board approves the
247-25-000035-TA Staff Report Page 13 of 23
Exhibit B to Ordinance 2025-020
proposed text amendment, it will be implemented by the Board adopting an ordinance.
Chapter 22.28, Land Use Action Decisions
Section 22.28.030, Decision On Plan Amendments And Zone Changes.
A. Except as set forth herein, the Hearings Officer or the Planning Commission when
acting as the Hearings Body shall have authority to make decisions on all quasi-
judicial zone changes and plan amendments. Prior to becoming effective, all quasi-
judicial plan amendments and zone changes shall be adopted by the Board of
County Commissioners.
B. In considering all quasi-judicial zone changes and those quasi-judicial plan
amendments on which the Hearings Officer has authority to make a decision, the
Board of County Commissioners shall, in the absence of an appeal or review
initiated by the Board, adopt the Hearings Officer's decision. No argument or further
testimony will be taken by the Board.
FINDING: As detailed above, staff finds the proposal should be viewed as a quasi-judicial plan
amendment. For this reason, staff finds these criteria apply. This application is being referred to a
Hearings Officer for a recommendation. If an appeal is not filed and the Board does not initiate
review, the Board shall adopt the Hearings Officer's recommendation as the decision of the county.
C. Plan amendments and zone changes requiring an exception to the goals or
concerning lands designated for forest or agricultural use shall be heard de novo
before the Board of County Commissioners without the necessity of filing an appeal,
regardless of the determination of the Hearings Officer or Planning Commission.
Such hearing before the Board shall otherwise be subject to the same procedures as
an appeal to the Board under DCC Title 22.
FINDING: The subject text amendment does not require a goal exception and does not concern
lands designated for forest or agricultural use. For this reason, a de novo hearing before the Board
is not required.
D. Notwithstanding DCC 22.28.030(C), when a plan amendment subject to a DCC
22.28.030(C) hearing before the Board of County Commissioners has been
consolidated for hearing before the hearings Officer with a zone change or other
permit application not requiring a hearing before the board under DCC 22.28.030(C),
any party wishing to obtain review of the Hearings Officer's decision on any of those
other applications shall file an appeal. The plan amendment shall be heard by the
Board consolidated with the appeal of those other applications.
FINDING: No other application is being consolidated with the subject text amendment. Staff finds
this criterion does not apply.
247-25-000035-TA Staff Report Page 14 of 23
Exhibit B to Ordinance 2025-020
Title 23, Comprehensive Plan
Chapter 1, Comprehensive Planning
Section 1.2, Community Involvement Policies
Goals and Policies
Goal 1: Maintain an active and open community involvement program that is accessible to
all members of the community and engages the community during development and
implementation of land use policies and codes.
Policy 1.2.3 Encourage community participation in planning through a variety of tools
and techniques, including.
b. Provide staff reports for comprehensive plan and zoning text
amendments to the public in a timely manner,
FINDING: The staff report for the subject zoning text amendment will be available at least 35 days
prior to the initial hearing. Additionally, any subsequent staff reports will be available at least seven
days prior to any public hearings. Therefore, staff finds the requirements of this policy are met.
Section 1.3, Land Use Planning Policies.
Goals and Policies
Goal 1: Maintain an open and public land use process in which decisions are
based on the objective evaluation of facts.
Policy 1.3.3 Involve the public when amending County Code.
FINDING: As discussed above, there will be at least one public hearing for this review, and the
County has mailed and published public notices in conjunction with this review. These efforts
encourage public participation as part of the review of the applicant requested County Code
amendment.
Chapter 4, Urban Grown Management
Section 4.5, Sunriver Policies.
Goals and Policies
No goals have been defined for the Sunriver Urban Unincorporated Community.
Policy 4.5.1 Land use regulations shall conform to the requirements of OAR 660 Division
22 or any successor.
FINDING: Compliance with the requirements of OAR 660 Division 22 is addressed below.
247-25-000035-TA Staff Report Page 15 of 23
Exhibit B to Ordinance 2025-020
Policy 4.5.2 County comprehensive plan policies and land use regulations shall ensure
that new uses authorized within the Sunriver Urban Unincorporated
Community do not adversely affect forest uses in the surrounding Forest Use
Zones.
FINDING: No new uses within the Sunriver Urban Unincorporated Community are requested as
part of the proposed text amendment.
Resort District Policies
Policy 4.5.15 Areas designated resort on the comprehensive plan map shall be designated
resort, resort marina, resort golf course, resort equestrian or resort nature
center district on the zoning map to reflect a development pattern which is
consistent with resort uses and activities.
FINDING: The subject properties include areas designated resort on the comprehensive plan map
and designated resort equestrian on the zoning map. Staff finds the proposed text amendment to
expand the uses allowed in the CL District to match the RE District will ensure the development
pattern on the subject properties is consistent with the existing resort equestrian uses and activities.
The proposed text amendment does not allow a new development pattern because the proposed
text amendment is expressly limited to existing structures as of the effective date of the ordinance.
Community District Policies
Policy 4.5.19 Areas designated community on the comprehensive plan map shall be
designated communitygeneral, community recreation, community limited or
community neighborhood district on the zoning map to reflect a
development pattern which is consistent community uses and activities.
FINDING: The subject tax lot 300 includes areas designated community on the comprehensive plan
map and community limited district on the zoning map. The proposed text amendment to expand
the uses allowed in the CL District to match the RE District will ensure the development pattern on
the subject properties is consistent with the existing resort equestrian uses and activities. The
proposed text amendment does not allow a new development pattern because the proposed text
amendment is expressly limited to existing structures as of the effective date of the ordinance.
Policy 4.5.20 Lands designated community shall be developed with uses which support all
facets of community needs, be they those of year-round residents or part-
time residents and tourists.
FINDING: The subject tax lot 300 includes lands designated community. The proposed text
amendment is requested to ensure the Sunriver Boarding Stable can continue to be used by the
community, including year-round or part-time residents and tourists.
Policy 4.5.21 Development shall take into consideration the unique physical features of
the community and be sensitive to the residential development within which
the community areas are interspersed.
247-25-000035-TA Staff Report Page 16 of 23
Exhibit B to Ordinance 2025-020
FINDING: The proposed text amendment allows for a limited expansion of uses allowed in existing
structures to align with the current development in the Urban Unincorporated Community of
Sunriver. No changes to the unique physical features of the community are proposed. Additionally,
the County provided notice to all neighbors within 250 feet of the subject property, and the
Applicant posted a proposed land use sign on the subject properties. No comments or concerns
were raised related to the development associated with the proposed text amendment and the
residential development in the Urban Unincorporated Community of Sunriver. Staff also notes the
closest residential district is +/-3,000 feet from the existing structure on the subject tax lot 300.
Therefore, staff finds development associated with the proposed text amendment will comply with
this policy.
OREGON ADMINISTRATIVE RULES
Chapter 660, Division 12, Transportation Planning
OAR 660-012-0060, Plan and Land use Regulation Amendments.
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation (including a zoning map) would significantly affect an existing
or planned transportation facility, then the local government must put in place
measures as provided in section (2) of this rule, unless the amendment is allowed
under section (3), (9) or (10) of this rule. A plan or land use regulation amendment
significantly affects a transportation facility if it would.
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan),
(b) Change standards implementing a functional classification system, or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this
subsection based on projected conditions measured at the end of the
planning period identified in the adopted TSP. As part of evaluating projected
conditions, the amount of traffic projected to be generated within the area
of the amendment may be reduced if the amendment includes an
enforceable, ongoing requirement that would demonstrably limit traffic
generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the
functional classification of an existing or planned transportation
facility,
(e) Degrade the performance of an existing or planned transportation
facility such that it would not meet the performance standards
identified in the TSP or comprehensive plan, or
247-25-000035-TA Staff Report Page 17 of 23
Exhibit B to Ordinance 2025-020
(C) Degrade the performance of an existing or planned transportation
facility that is otherwise projected to not meet the performance
standards identified in the TSP or comprehensive plan.
FINDING: Deschutes County's Senior Transportation Planner reviewed the proposed text
amendment and did not identify any significant effects on existing or planned transportation
facilities (ref. Agency Comments in the Basic Findings section). Additionally, no new structures are
authorized as part of the proposed text amendment, as the proposed code changes only apply to
existing structures, and, it would be reasonable to assume there will be limited to no additional
transportation impacts. For these reasons, staff finds the proposed amendmentwill not significantly
affect an existing or planned transportation facility and compliance with the Transportation
Planning Rule has been effectively demonstrated.
Chapter 660, Division 15, Statewide Planning Goals and Guidelines
FINDING: The Statewide Planning Goals and the Applicant's findings are quoted below:
Goal 1: Citizen Involvement
To develop a citizen involvement program that insures the opportunity for citizens to be
involved in all phases of the planning process.
RESPONSE: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments will be provided through notice
of public hearings in the "Bend Bulletin" newspaper and other notice will be provided, as
discussed above. The two public hearings on this application will provide the opportunity for
any resident to participate in the land use process. Goal 1 is met.
Goal 2: Land Use Planning
Part I - Planning. To establish a land use planning process and policy framework as a basis
for all decisions and actions related to use of land and to assure an adequate factual base
for such decisions and actions.
RESPONSE: Goals, policies, and processes related to this application are included in the
Quasi-judicial and Legislative Modified Procedure, Deschutes County Comprehensive Plan,
Title 23, and Deschutes County Code, Title 18 and Title 22. Compliance with these processes,
policies, and regulations are documented within the subject application. Goal 2 is met. ,
Goal 3: Agricultural Lands
To preserve and maintain agricultural lands.
RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of
Goal 3. Neither RE or CL are exclusive farm use zones nor does either zone allow agricultural
uses. DCC 18.108.090 (RE zone does not allow agricultural uses); DCC 18.108.140 (CL zone
does not allow agricultural uses).
247-25-000035-TA Staff Report Page 18 of 23
Exhibit B to Ordinance 2025-020
Goal 3 is not applicable.
Goal 4: Forest Lands
To conserve forest lands by maintaining the forest land base and to protect the state's forest
economy by making possible economically efficient forest practices that assure the
continuous growing and harvesting of forest tree species as the leading use on forest land
consistent with sound management of soil, air, water, and fish and wildlife resources and to
provide for recreational opportunities and agriculture.
RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of
Goal 4. Neither RE or CL are forest zones nor does either zone allow forest practice uses.
DCC 18.108.090 (RE zone does not allow forest practice uses); DCC 18.108.140 (CL zone does
not allow forest practice uses).
Goal 4 is not applicable.
Goal 5: Open Spaces. Scenic and Historic Areas. and Natural Resources
To protect natural resources and conserve scenic and historic areas and open spaces.
RESPONSE: The amendments do not propose to change open spaces, scenic or historic
areas, or natural resources. Both zones involved in this proposed amendment are located in
the Sunriver Urban Unincorporated Community only. Moreover, the proposed amendment
only applies to existing structures as of the date of the ordinance, and therefore does not
impact any existing open spaces or undisturbed natural resources.
Goal 5 is met.
Goal 6: Air, Water and Land Resources Quality
To maintain and improve the quality of the air, water and land resources of the state.
RESPONSE: The proposed text amendment will not impact the quality of the air, water, or
land resources.
Goal 6 is inapplicable or is met.
Goal 7: Areas Subject to Natural Disasters and Hazards
To protect people and property from natural hazards.
RESPONSE: The proposed amendment will not affect the County's regulation of areas subject
to natural disasters or hazards.
Goal 7 is not applicable.
247-25-000035-TA Staff Report Page 19 of 23
Exhibit B to Ordinance 2025-020
Goal 8: Recreational Needs
To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of necessary recreational facilities including destination
resorts.
RESPONSE: To the extent that Goal 8 is applicable to the subject application, the amendment
will allow the recreational equestrian zone to apply to the limited circumstance of existing
buildings that cross from the equestrian zone into the CL zone. This will allow Deschutes
County citizens and visitors to continue to access equestrian recreational opportunities in
those existing buildings.
Goal 8 is met.
Goal 9: Economic Development
To provide adequate opportunities throughout the state for a variety of economic activities
vital to the health, welfare, and prosperity of Oregon's citizens.
RESPONSE: The proposed text amendment complies with Goal 9 because it will permit the
existing resort equestrian area's economic activities to continue in existing buildings that
were built into the CL zone.
Goal 9 is met.
Goal 10: Housing
To provide for the housing needs of citizens of the state.
RESPONSE: The subject application does not propose to change any regulations related to
housing, as housing is not allowed in either the CL or RE zones.
Goal 10 is not applicable.
Goal 11: Public Facilities and Services
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
RESPONSE: The proposed text amendment will have no effect on the provision of public
facilities and services.
Goal 11 is not applicable.
Goal 12: Transportation
To provide and encourage a safe, convenient and economic transportation system.
RESPONSE: The proposed amendment will not impact transportation facilities within the
County.
247-25-000035-TA Staff Report Page 20 of 23
Exhibit B to Ordinance 2025-020
Goal 12 is not applicable.
Goal 13: Energy Conservation
To conserve energy.
RESPONSE: As the proposed amendment only applies to existing structures, it will not have
any impact on the conservation of energy.
Goal 13 is not applicable.
Goal 14: Urbanization
To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth boundaries,
to ensure efficient use of land, and to provide for livable communities.
RESPONSE: Goal 14 concerns the provision of urban and rural land uses to ensure efficient
use of land and livable communities. The proposed amendment does not amend an urban
growth boundary and the uses that would be allowed in the portion of a structure in a CL
district are already allowed in the RE district. The uses in the RE district are related to the
equestrian zoning, and are not "urban" uses under Goal 14.
Goal 14 is met.
Goals 15-19
RESPONSE: Goals 15 through 19 are not applicable as they all related to waterbodies outside
the County (Goal 15 Willamette River Greenway; Goal 16 Estuarine Resources; Goal 17
Coastal Shorelands; Goal 18 Beaches and Dunes; and Goal 19 Ocean Resources).
Staff generally accepts the Applicant's responses and finds compliance with the applicable
Statewide Planning Goals has been effectively demonstrated.
Chapter 660, Division 22, Unincorporated Communities
OAR 660-022-0030, Planning and Zoning of Unincorporated Communities.
(6) County plans and land use regulations shall ensure that new or expanded uses
authorized within unincorporated communities do not adversely affect agricultural
or forestry uses.
FINDING: The proposed text amendment does not create new uses in the Urban Unincorporated
Community of Sunriver. However, it does allow for an expansion of uses authorized in the RE District
for existing structures located in both the RE and CL Districts. Based on the submitted application
247-25-000035-TA Staff Report Page 21 of 23
Exhibit B to Ordinance 2025-020
materials and staffs review of County records, there is only one existing structure that meets these
criteria - a horse boarding stable constructed in 2007 (see Figure 2).
The Deschutes National Forest abuts the subject properties, and staff find this tract is likely engaged
in forestry uses. The Planning Division mailed notice of the proposed text amendment to Deschutes
National Forest, and no comments/concerns were raised. The existing structure on the subject tax
lot 300 is setback more than 300 feet from the closest boundary of the Deschutes National Forest.
Staff finds this separation ensures there are no adverse effects on forestry uses. Besides the
agricultural uses occurring on the subject property, there do not appear to be any nearby
agricultural uses. Nevertheless, staff finds two out of the three expanded uses (i.e. an equestrian
facility or building used for retail sales, rental, and repair services commonly associated with
equestrian facilities) are agricultural uses. Therefore, staff finds these two expanded uses are
compatible. Moreover, the proposed text amendment is specific to the allowed uses of existing
structures, which significantly reduces any potential impacts on surrounding agricultural or forestry
uses. Considering all these factors, staff finds the expanded uses authorized requested as part of
this text amendment will not adversely affect agricultural or forestry uses.
(8) Zoning applied to lands within unincorporated communities shall ensure that the
cumulative development.
(A) Will not result in public health hazards or adverse environmental impacts
that violate state or federal water quality regulations; and
(B) Will not exceed the carrying capacity of the soil or of existing water supply
resources and sewer services.
FINDING: The proposed text amendment only applies to existing structures. As noted in this staff
report, there is only one existing structure that qualifies for the expanded uses allowed under
proposed text amendment. This existing structure has been permitted by Deschutes County and is
connected to the community water and sewer system in Sunriver. Therefore, staff finds the
proposed text amendment ensures the cumulative development will not result in public health
hazards or adverse environmental impacts that violate state or federal water quality regulations,
and it will not exceed the carrying capacity of the soil or of existing water supply resources and
sewer services.
247-25-000035-TA Staff Report Page 22 of 23
Exhibit B to Ordinance 2025-020
IV. CONCLUSION & RECOMMENDATION:
Based on the findings above, staff believes the proposed text amendment complies with the
applicable criteria of DCC Title 18, DCC Title 22, DCC Tile 23, and the applicable sections of OAR. Staff
requests the Hearings Officer determine if the Applicant has met the burden of proof necessary to
justify the proposed text amendment.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Caroline House, Senior Planner
AM6 1 (�
Reviewed by: Anthony Raguine, Principal Planner
247-25-000035-TA Staff Report Page 23 of 23
Exhibit B to Ordinance 2025-020
Exhibit Ato Ordinance 2025-020
CHAPTER 18.108 URBAN UNINCORPORATED COMMUNITY ZONE; SUNRIVER
18.108.140 Community Limited; CL District
A. Uses Permitted Outright. The following uses are permitted outright, subject to the
applicable provisions of DCC 18.116 and DCC 18.124:
1. Picnic and barbecue areas, including picnic tables and benches.
2. Recreational path.
3. For any structure existing as of April 7, 2026 that is located partially in the CL District
and partially in the RE District, any use permitted in the RE District is also permitted
in the portion of the structure in the CL District.
HISTORY
Repealed & Reenacted by Ord. 97-078 §2 on 1213111997
Amended by Ord. 2025-002 §26 on 3/28/2025
Amended by Ord. 2025-020 §1 on x/xx/xxxx
Exhibit A to Ordinance 2025-020
Mailing Date:
Exhibit B to Ordinance uesday, November4, 2025
2025-020
HEARINGS OFFICER RECOMMENDATION
SUNRIVER COMMUNITY LIMITED DISTRICT TEXT AMENDMENT
FILE NUMBER:
SUBJECT PROPERTIES/
OWNER:
241AJ>31;
247-25-000035-TA
Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP
Map and Taxlots: 1911310000300 /2011060000500
Accounts: 136299 / 259336
Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707
Radler White Parks & Alexander, LLP ("Applicant")
REQUEST: The Applicant requests approval of a text amendment of the
Deschutes County Code (DCC) Section 18.108.140, Sunriver
Community Limited (CL) District, to add the following new use as a
use permitted outright:
"3. For any structure existing as of [EFFECTIVE DATE OF
ORDINANCE] that is located partially in the CL District and
partially in the [Resort Equestrian] RE District, any use
permitted in the RE District is also permitted in the portion of
the structure in the CL District."
The applicability of the proposed amendment is limited to the
subject properties listed at the top of this recommendation.
HEARINGS OFFICER: Gregory J. Frank
STAFF CONTACT: Caroline House, Senior Planner
Phone: 541-388-6667
Email: Caroline.House(c@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutes.org/cd/page/247-25-000035-ta-sunriver-
community-limited-district-text-amendment
11
Exhibit B to Ordinance 2025-020
RIM Ryli•1171►iRCII
Applicant filed an application (Applicant's Proposal") for a text amendment as summarized
above (Request Section). A Notice of Public Hearing was published consistent with the
Deschutes County Code ("DCC") setting a hearing date for 1:00 p.m. on October 23, 2025 (the
"Hearing"). The Hearing was held virtually and in -person (in the Deschutes Services Building —
First Floor — Barnes & Sawyer Rooms, 1300 NW Wall Street, Bend, OR 97703). Present at the
Hearing were Deschutes County staff, Gregory J Frank ("Hearings Officer") and representatives
of the Applicant. No person testified at the Hearing, either virtually or in person, in opposition
or neutral to the Applicant's Proposal.
Deschutes County Staff Planner Caroline House ("House") provided a presentation/overview of
Applicant's Proposal and Staff's analysis of Applicant's Proposal. Attorney Steven Hultberg
("Hultberg") appeared at the Hearing and provided a brief summary of Applicant's Proposal.
Hultberg requested the Hearings Officer adopt the analysis and conclusions set forth in the Staff
Report, Sunriver Community Limited District Text Amendment (Staff Report").
The Staff Report, in the Conclusion and Recommendation section, stated the following:
"Based on the findings above, staff believes the proposed text amendment complies with
the applicable criteria of DCC Title 18, DCC Title 22, DCC Title 23 and the applicable
sections of OAR. Staff requests the Hearings Officer determine if the Applicant has met
the burden of proof necessary to justify the proposed text amendment."
The Hearings Officer reviewed the Staff Report and other documents contained in the public
record. The Hearings Officer finds the Staff Report correctly identified relevant approval criteria.
The Hearings Officer finds Staff's analysis of the relevant approval criteria and evidence in the
record is factually and legally supportable. The Hearings Officer concurs with the first sentence
of the Staff's above quoted conclusion and therefore finds that Applicant's Proposal has met the
legally mandated burden of proof to merit approval.
The Hearings Officer incorporates the Staff Report (attached to this Hearings Officer
Recommendation) as additional findings and conclusions.
II. RECOMMENTATION:
The Hearings Officer recommends approval of Applicant's Proposal.
Gregory J. Frank
Deschutes County Hearings Officer
Attached: Staff Report for 247-25-000035-TA
2
Exhibit B to Ordinance 2025-020
STAFF REPORT
SUNRIVER COMMUNITY LIMITED DISTRICT TEXT AMENDMENT
FILE NUMBER: 247-25-000035-TA
SUBJECT PROPERTIES/
OWNER: Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP
Map and Taxlot: 1911310000300 /2011060000500
Account: 136299 / 259336
Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707
APPLICANT: Radler White Parks & Alexander, LLP ("Applicant")
REQUEST: The Applicant requests approval of a text amendment of the Deschutes
County Code (DCC) Section 18.108.140, Sunriver Community Limited
(CL) District, to add the following new use as a use permitted outright:
"3. For any structure existing as of [EFFECTIVE DATE OF
ORDINANCE] that is located partially in the CL District and
partially in the [Resort Equestrian] RE District, any use permitted
in the RE District is also permitted in the portion of the structure
in the CL District."
The applicability of the proposed amendment is limited to the subject
properties listed at the top of this staff report.
STAFF CONTACT: Caroline House, Senior Planner
Phone: 541-388-6667
Email:.Caroline.House@deschutes.org
RECORD: Record items can be viewed and downloaded from:
https://www.deschutes.org/cd/page/247-25-000035-ta-sun river -
community -limited -district -text -amendment
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q- (541) 388-6575 C&@deschutes .org ww eschutes.org/cd
Exhibit B to Ordinance 2025-020
I. APPLICABLE CRITERIA:
Deschutes County Code (DCC)
Title 18, Deschutes County Zoning Ordinance:
Chapter 18.108, Urban Unincorporated Community Zone - Sunriver
Chapter 18.136, Amendments
Title 22, Deschutes County Development Procedures Ordinance
Title 23, Comprehensive Plan
Chapter 1, Comprehensive Planning
Chapter 4, Urban Growth Management
Oregon Administrative Rules (OARs)
OAR 660-012, Transportation Planning
OAR 660-015, Statewide Planning Goals and Guidelines
OAR 660-022, Unincorporated Communities
II. BASIC FINDINGS:
SITE DESCRIPTION: The Applicant's proposed text amendment will only affect properties with existing
structures that are partially located in both the CL and RE Districts within the Urban Unincorporated
Community of Sunriver. In total, there are only two properties in Deschutes County with the RE District
zoning designation and both properties also contain CL zoned land or abut the CL District. These
properties are identified on Deschutes County Assessor's Maps 19-11-31, as tax lot 300 and 20-11-06,
as tax lot 500 (see Figure 1 below). Sunriver Resort Limited Partnership (L.P.) owns both tax lots and
below staff provides a more detailed site description for each tax lot.
Tax Lot 300
This +/-104-59-acre irregularly shaped property is split zoned RE District, CL District, and Resort Marina
(RA) District in the Urban Unincorporated Community of Sunriver. In addition, the Airport Safety (AS)
and Landscape Management (LM) Combining Zones and Sunriver Flood Plain District (SUFP) apply to
this tax lot. The southeast lot line abuts River Road, a private local road, and Deschutes Road, also a
private local road, bisects the northern third of the tax lot. Paved recreational paths are established
along the east lot line and southern areas of the tax lot. The north lot line and portions of the west lot
line abut the Deschutes River. The Sunriver Resort Marina is established on the northern third and
the Sunriver Stables are established on the south-central area of the property. Most of the Sunriver
Stables structures are located entirely in RE District. However, there is one existing equestrian stable
structure located partially in the CL District and partially in the RE District (see Figure 2 below).
According to the FEMA Flood Insurance Rate Map (FIRM) for Deschutes County and the Local Wetlands
Inventory, respectively, this property is partially located in the 100-year flood plain and contains
significant areas of jurisdictional wetlands.
Tax Lot 500
This +/- 26.40-acre irregularly shaped property is entirely zoned RE District. The AS and LM Combining
Zones and the SUFP also apply. The east lot lines abut River Road and the west lot lines abut the
247-25-000035-TA Staff Report Page 2 of 23
Exhibit B to Ordinance 2025-020
Deschutes River. Paved recreational paths are established along the west lot lines abutting the
Deschutes River. The remaining areas of the property appear to be undeveloped and there do not
appear to be any structures on this tax lot. According to the FEMA FIRM and the Local Wetlands
Inventory, respectively, this property is partially located in the 100-year flood plain and contains
significant areas of jurisdictional wetlands.
Figure 1 - Subject Properties & Base Zone Designations
247-25-000035-TA Staff Report Page 3 of 23
Exhibit B to Ordinance 2025-020
Figure 2 - Existing Structure on Tax Lot 300 Partially in the CL and RE Districts
(Reference Blue Bubbled Structure
PROPOSAL: The Applicant's Burden of Proof includes the following background on why this text
amendment has been requested:
The applicant represents Sunriver Resort Limited Partnership, the owner of the Sunriver
Stables, located at 57215 River Rd, Sunriver, OR 97707. The minor text amendment proposed
in this application is intended to address an existing boarding stable building (the "Boarding
Stable") that appears to straddle the line between the SU-CL (Sunriver - Community Limited)
and SU-RE (Sunriver - Resort Equestrian) zones.
The proposed text amendment is narrowly tailored to address the split zoning issue of the
Boarding Stable that staff recently brought to our attention. The Boarding Stable itself was
approved in 2007 in County Land Use Case File No. SP-07-43 (the "2007 Approval"). However,
the 2007 Approval is ambiguous about the approved location of the new building and, as far
as we and staff can tell, the Boarding Stable today straddles the zoning boundary line. The
erroneous location was not identified by the County in its inspections at the time of
construction nor by the owner in the 18 years since the 2007 approval of the Boarding Stable.
Although we have not been able to identify the precise cause of this issue, the applicant hopes
that this text amendment can bring resolution to the issue staff have brought to our attention.
The Applicant's Burden of Proof includes the following information on the proposed language of the
text amendment:
247-25-000035-TA Staff Report Page 4 of 23
Exhibit B to Ordinance 2025-020
The applicant proposes the following amendment to the text of Deschutes County Code
("DCC') Title 18, Chapter 18.108, Sunriver - Community Limited zone ("CL"). The proposed
change would permit existing structures that straddle the zoning boundary between the CL
zone and an abutting Sunriver - Resort Equestrian zoned area ("RE") to conduct the use
permitted in the RE zone in the portion of the structure in the CL zone.
To the applicant's knowledge, the only existing structure that straddles those two zoning
boundaries in the county is the Boarding Stable approved in the 2007 Approval.
The amendments would not remove text from the code, and would add the following text,
indicated in blue underline:
18.108.140 Community Limited; CL District
A. Uses Permitted Outright. The following uses are permitted outright:
1. Picnic and barbecue areas, including picnic tables and benches.
2. Recreational path
3. For any structure existing as of FEFFECTIVE DATE OF ORDINANCEI that is
located partially in the CL District and partially in the RE District any use
permitted in the RE District is also permitted in the portion of the structure in
the CL District.
As the relevant text only applies to an existing structure "partially in the CL District and
partially in the RE District", the proposed amendment is limited in applicability to locations
where the CL and RE districts are abutting. To the applicant's knowledge, and consistent with
the zone's special purpose for the Sunriver community, the RE district is only applied to lands
in the area to the west of the Sunriver Airport, where it abuts the CL district to the north and
south, as shown on the following page.
Staff finds the proposed text amendment will expand the uses permitted outright, for the portion
of the existing structure in the CL District, to also include:
• An equestrian facility;
• A park;
• A playground; and
• A building or buildings each not exceeding 8,000 square feet of floor area which include any
combination of:
o Retail sales, rental, and repair services commonly associated with equestrian
facilities.
Lastly, staff notes all uses permitted outright under DCC 18.108.140(A) are subject to the applicable
provisions of DCC 18.116 and DCC 18.124. Based on the Applicant's response above, the Applicant
is not proposing to "remove text from the code" and these provisions would continue to apply.
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice on February 5, 2025, to several
public agencies and received the following comments:
247-25-000035-TA Staff Report Page 5 of 23
Exhibit B to Ordinance 2025-020
Deschutes County Building Division, Randy Scheid
NOTICE: The Deschutes County Building Safety Divisions code mandates that Access,
Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically
addressed during the appropriate plan review process with regard to any proposed
structures and occupancies.
Accordingly, all Building Code required items will be addressed, when a specific structure,
occupancy, and type of construction is proposed and submitted for plan review.
Deschutes County Transportation Planner, Tarik Rawlings (August 6, 2025, Revised Comments)
I have reviewed the transmittal materials for 247-25-000035-TA for a text amendment
request to DCC 18.108.140 (Sunriver Community Limited (CL) District) to add the following
as a use permitted outright:
"3. For any structure existing as of [EFFECTIVE DATE OF ORDINANCE] that is located partially
in the CL District and partially in the RE District, any use permitted in the RE District is also
permitted in the portion of the structure in the CL District."
The proposed text amendment is limited to the following properties, totaling 130.99 acres
within the Sunriver Resort Equestrian District (SURE), Sunriver Flood Plain District (SUFP),
Sunriver Community Limited District (CL), Sunriver Resort Marina District (SURA), Flood Plain
(FP) Zone, and the Airport Safety (AS) and Landscape Management (LM) Combining Zones:
Mailing Name: SUNRIVER RESORT LIMITED PARTNERSHIP
Map and Taxlot: 1911310000300 /2011060000500
Account: 136299 / 259336
Situs Address: 17400 DESCHUTES RD, SUNRIVER, OR 97707
I have reviewed the application materials for potential Transportation Planning Rule (TPR)
effects. While the proposal would effectively allow some form of structural development
where there is currently no allowance, the location of the subject zoning districts (SURE,
SUCL) within the larger Sunriver Urban Unincorporated Community (UUC) demonstrates
compliance with the allowable uses for UUCs as defined in OAR 660-022-0010 and further
described in OAR 660-022-0040. Overall, the proposed amendments appear to comply with
TPR provisions. Staff has also reviewed the proposed amendments against the Sunriver UUC
goals and policies outlined in the draft Deschutes County 2040 Comprehensive Plan (Chapter
11), and the current 2010-2030 Deschutes County Comprehensive Plan and finds that the
proposal appears to comply with the various initiatives outlined therein and produces no
foreseeable adverse effects.
Any subsequent development on the subject properties may require transportation analysis
pursuant to DCC 18.116.310, produced by an Oregon -certified Transportation engineer, if
247-25-000035-TA Staff Report Page 6 of 23
Exhibit B to Ordinance 2025-020
and when such development is proposed. As the property's adjacent roadways are private
roadways, staff finds the access permit requirements of DCC 12.28.050 do not apply.
Board Resolution 2024-038 sets a transportation system development charge (SDC) rate of
$5,856 per p.m. peak hour trip. As the proposal is a legislative amendment and no
development is included, no SDCs apply to the subject proposal.
Oregon Department of Aviation, Brandon Pike
Thank you for providing the opportunity for the Oregon Department of Aviation (ODAV) to
comment on file number(s): 247-25-000035-TA
ODAV has reviewed the proposal and prepared the following comment(s):
1. In accordance with FAR Part 77.9 and OAR 738-070-0060, future development
at this site may be required to undergo aeronautical evaluations by the FAA
and ODAV. The applicant can use the FAA's Notice Criteria Tool to determine
which proposed structures (including any cranes or other tall construction
equipment) warrant a notice of construction. If so, they are required to provide
separate notices of construction to both the FAA and ODAV. The applicant
should receive the resulting aeronautical determination letters from the FAA
and ODAV prior to approval of any building permits.
2. The height of any new structures, trees, and other planted vegetation shall not
penetrate FAR Part 77 Imaginary Surfaces, as determined by the FAA and
ODAV.
3. The subject property appears to be located partially under the transitional
surface of Sun river Airport. Pursuant to the State of Oregon's Airport Land Use
Compatibility Guidebook, some forms of development are not considered
compatible land uses when located near a public -use airport. Per Table 3-4:
Compatible Land Uses per FAR Part 77 Surfaces and FAA Safety Areas, the
following land uses are identified as incompatible developments when located
under the transitional surface of public -use airports: residential uses, places
of public assembly, most recreational uses, and resource production and
extraction uses.
ODAV does not recommend approval of development which is found to be in conflict with
the Airport Land Use Compatibility Guidebook. The applicant is advised to contact Brandon
Pike, Aviation Planner with ODAV (see contact information below) to discuss potential
aviation -related concerns or limitations with the property.
Please reach out if you have questions or concerns. I'm available if the applicant has any
questions or wants our input at this stage.
247-25-000035-TA Staff Report Page 7 of 23
Exhibit B to Ordinance 2025-020
The Applicant contacted ODAV and, in response to that communication, ODAV provided the
following additional comments on February 25, 2025:
Thank you for providing this clarifying information. It's helpful to know the background and
purpose of the application.
These comments are partially intended to alert the property owner and/or applicant about
the potential considerations that may need to be taken into account when owning and
developing property near a public -use airport. So, while there is no new development
proposed with this application, we include this information (specifically calling out future
development) to ensure it enters the record and alerts the owner and future developers of
these potential implications.
ODAV does not oppose the text amendment as proposed, so long as the considerations
we've identified are recognized for future development.
The following agencies did not respond to the notice: Deschutes County Assessor, Deschutes
County Code Enforcement, Deschutes County Onsite Wastewater Division, Deschutes National
Forest, Oregon Department of Fish & Wildlife, Oregon Parks & Recreation, Sunriver Airport Manager,
Sunriver Fire Department, Sunriver Owners' Association, Sunriver Utilities, and US Fish & Wildlife.
PUBLIC COMMENTS: The Planning Division mailed notice of the application to all property owners
within 250 feet of the subject properties on February 5, 2025. The Applicant also complied with the
posted notice requirements of Section 22.24.030(B) of Title 22. The Applicant submitted a Land Use
Action Sign Affidavit indicating the Applicant posted notice of the land use action on February 10,
2025. No public comments were received.
NOTICE REQUIREMENT: On September 3, 2025, the Planning Division mailed a Notice of Public
Hearing to all property owners within 250 feet of the subject property and public agencies. A Notice
of Public Hearing was published in the Bend Bulletin on Sunday, September 7, 2025. Notice of the
first evidentiary hearing was submitted to the Department of Land Conservation and Developmert
on September 9, 2025.
REVIEW PERIOD: According to DCC 22.20.040(D), the review of the proposed quasi-judicial text
amendment application is not subject to the 150-day review clock.
247-25-000035-TA Staff Report Page 8 of 23
Exhibit B to Ordinance 2025-020
III. FINDINGS & CONCLUSIONS:
Deschutes County Code
Title 18, Deschutes Zoning Ordinance
Chapter 18.136, Amendments
Section 18.136.010, Amendments
DCC Title 18 may be amended as set forth in DCC 18.136. The procedures for text or
legislative map changes shall be as set forth in DCC 22.12. A request by a property owner
for a quasi-judicial map amendment shall be accomplished by filing an application on
forms provided by the Planning Department and shall be subject to applicable procedures
of DCC Title 22.
FINDING: The Applicant, as a representative of the property owner, has requested a quasi-judicial
text amendment and filed the corresponding application. The Applicant has filed the required land
use application forms for the proposal. The application will be reviewed utilizing the applicable
procedures contained in DCC Title 22. Considering the nature of the proposed text amendment,
staff believes the County's review requires a two-step process following both quasi-judicial and
legislative procedures contained in DCC Title 22.
During a Hearings Officer's review of a recent applicant -initiated Text Amendment to the Airport
Development (AD) zoning code', the Hearings Officer addressed this threshold question as follows:
By its express terms, [DCC 18.136.010] states that the process for a text amendment is as
set forth in DCC 22.12. But DCC 22.12 broadly governs "legislative" procedures. DCC
22.04.020 defines legislative changes as follows:
Legislative changes generally involve broad public policy decisions that apply to other
than an individual property owner. These include, without limitation, amendments to
the text of the comprehensive plans, zoning ordinances, or the subdivision or
partition ordinance and changes in zoning maps not directed at a small number of
property owners.
As Staff points out in the Staff Report (attached to this decision as Exhibit B), the Text
Amendments do not fit squarely within this definition. Further, the Code does not expressly
define "text amendment" in the context of legislative changes or in the context of a quasi-
judicial land use application, even though DCC 22.12.030 allows an individual to seek
legislative changes through an application process. The Staff Report suggests that the Text
Amendments should be processed in the same manner as a quasi-judicial plan amendment,
which is governed by DCC 22.28.030.
1 Reference Deschutes County File No. 247-23-000470-TA.
247-25-000035-TA Staff Report Page 9 of 23
Exhibit B to Ordinance 2025-020
In support of its conclusion, Staff provides a detailed analysis under StrawberryHill4 Wheelers
v. Benton Co. Bd. of Comm., 267 Or 591, 601 P2d 769 (1979) ("Strawberry Hill 4 Wheelers"). In
that case, the Oregon Supreme Court set out a multi -factor test to determine what process
applies to a land use application:
Generally, to characterize a process as adjudication presupposes that the process is
bound to result in a decision and that the decision is bound to apply preexisting
criteria to concrete facts. The latter test alone [applying preexisting criteria to
concrete facts] proves too much; there are many laws that authorize the pursuit of
one or more objectives stated in general terms without turning the choice of action
into an adjudication. Thus a further consideration has been whether the action, even
when the governing criteria leave much room for policy discretion, is directed at a
closely circumscribed factual situation or a relatively small number of persons. The
coincidence both of this factor and of preexisting criteria of judgment has led the
court to conclude that some land use laws and similar laws imply quasi [-]judicial
procedures for certain local government decisions. Strawberry Hill 4 Wheelers at 602-
03.
As Staff correctly notes, the Strawberry Hill 4 Wheelers decision sets out three factors which
must be considered:
1. Is the inquiry bound to result in a decision?
2. Are there preexisting criteria that are applied to concrete facts?
3. Is the inquiry directed at a closely circumscribed factual situation or a relatively
small number of persons?
Although it is a close call, the Hearings Officer agrees with Staff that the three factors listed
above, in this case, warrant following a quasi-judicial process for the City's Application, at
least initially.
At the same time, the Text Amendments carry the qualities of a legislative act. The language
in DCC 22.04.020 provides that legislative changes "generallinvolve broad public policy
decisions that apply to other than an individual property owner" (emphasis added), and that
definition does not state that decisions applicable to only one individual property owner
cannot be legislative. Indeed, that Code provision goes on to list examples of legislative
decisions, including amendments to the text of zoning ordinances.
An important component of DCC 22.12 is DCC 22.12.050, addressing final decisions. That
Code provision states that "[a]II legislative changes shall be adopted by ordinance." That
language does not distinguish between purely legislative changes and those legislative
changes that may be processed using a quasi-judicial process. This makes sense because the
DCC is adopted by ordinance, and any changes to the text of the Code would be an
amendment to that adopted ordinance. It also makes sense because ORS 215.503(2)
requires that 'Talll legislative acts relating to comprehensive plans, land use planning or
zoning adopted by the governing body of a county shall be by ordinance" (emphasis added).
247-25-000035-TA Staff Report Page 10 of 23
Exhibit B to Ordinance 2025-020
Based on the foregoing, I find that, in this case, the adoption of text amendments proposed
by an applicant is a two-step process. In the first step of the process, the Applicant has a right
under the Code to submit and to have considered an application to amend the Code's text.
This phase of the process is quasi-judicial in nature and it is appropriate to have a hearing
and to build a record following the principles of a quasi-judicial process. As part of that
process, the Hearings Officer is addressing the application only of the County's exi[s]ting
laws. The second step of the process is for the Deschutes County Board of Commissioners
("County Board') to adopt an ordinance to incorporate any text amendments to the Code.
Amendments to the text of a zoning ordinance are a change in the County's law, and only
the County Board can make such a change. In other words, the Hearings Officer is without
authority to amend the County's Code. The Hearings Officer, however, can make a
recommendation to the County Board based on what develops in the quasi-judicial phase of
the process. The County Board is free to accept or to reject the Hearings Officer's
recommendation.
As noted above, the Strawberry Hill 4 Wheelers test requires a case -specific analysis of all three
factors in combination. For the purposes of this review, staff addresses each component of the
Strawberry Hill 4 Wheelers test below:
1. Results in a Decision
The Applicant has submitted an application for a text amendment. The request will result in either
an approval or a denial, and a decision will be issued by the Board of County Commissioners
("Board") pursuant to DCC Title 22. As opposed to a policy change initiated by staff or decision -
makers, which has a wide discretionary choice between action and inaction, the subject request was
submitted as a land use application by the property owner and the County must take final action
on it. Staff finds the subject amendment clearly meets this component of the Strawberry Hill 4
Wheelers test.
2. Preexisting_ Criteria Applied to Concrete Facts
The subject application is being reviewed based on the preexisting criteria listed in Section I and the
Applicant's submittal includes a clear and concise statement of facts necessitating the subject
application. Therefore, staff finds preexisting criteria are being applied to concrete facts and the
application meets this component of the Strawberry Hill Wheelers test.
3. Directed at a Small Number of Persons
The Applicant's proposed text amendment will only affect properties with existing structures that
are partially located in both the CL District and RE District within the Urban Unincorporated
Community of Sunriver. As detailed in the Basic findings section, there is only one property with
these zoning conditions (ref. Deschutes County Assessor's Map 19-11-31, tax lot 300) and the
Applicant owns this property. Therefore, staff finds the proposed text amendment is directed at a
small number of persons and meets this component of the Strawberry Hill Wheelers test.
247-25-000035-TA Staff Report Page 11 of 23
Exhibit B to Ordinance 2025-020
When the factors above are considered in combination, staff finds the Strawberry Hill Wheelers test
is met and the subject text amendment can initially be reviewed as part of quasi-judicial process. As
noted in Hood River Valley v. Board of Cty. Commissioners, the differentiation between a legislative
and quasi-judicial process is important in order to ensure all affected parties are given a fair process.
In this case, a quasi-judicial process will provide for a public hearing before a Hearings Officer and,
subsequently, requires final action by the Board as part of a legislative process.
Title 22, Deschutes County Development Procedures Ordinance
Chapter 22.12, Legislative Procedures
Section 22.12.010, Hearing Required.
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
FINDING: As described above, staff finds the subject application is being reviewed as part of a quasi-
judicial and legislative process. The Hearings Officer is being asked to make a recommendation to
the Board. The Board will ultimately approve or deny the application and, if approved, adopt an
ordinance as part of a legislative process. The Planning Director has exercised their discretion not
to set a hearing before the Planning Commission.
Section 22.12.020, Notice.
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: This criterion will be met as notice will be published in The Bulletin newspaper at least 10
days prior to each public hearing.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and
where necessary to comply with ORS 203.045.
C. Individual Notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except as
required by ORS 215.503.
FINDING: As noted in the Basic Findings section, the Applicant complied with the posted notice
247-25-000035-TA Staff Report Page 12 of 23
Exhibit B to Ordinance 2025-020
requirement and individual notice was mailed to property owners within 250 feet of the subject
properties.
D. Media notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County.
FINDING: Copies of the notice of hearing will be provided to the County public information official
for wider media distribution. This criterion has been met.
Section 22.12.030, Initiation Of Legislative Changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of Commissioners or the Planning Commission.
FINDING: The Applicant has submitted the required fees and requested a text amendment. Staff
finds the Applicant is granted permission under this criterion to initiate a legislative change and has
submitted the necessary fee and materials.
Section 22.12.040, Hearings Body.
A. The following shall serve as hearings or review body for legislative changes in this
order.
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: As described above, the subject application is initially being processed as part of a quasi-
judicial process. For this reason, this application has been referred to a Hearings Officer rather than
the Planning Commission for a recommendation. The adoption of the proposed text amendment
will follow a legislative process because it must be approved by the Board. For the purpose of this
criterion, staff notes the application has properties of both a quasi-judicial and legislative
amendment.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners.
FINDING: The subject application was not initiated by the Board. Staff finds this criterion does not
apply.
Section 22.12.05, Final Decision.
All legislative changes shall be adopted by ordinance.
FINDING: Following issuance of the Hearings Officer's recommendation, the Board will ultimately
decide on whether to approve or deny the proposed text amendment. if the Board approves the
247-25-000035-TA Staff Report Page 13 of 23
Exhibit B to Ordinance 2025-020
proposed text amendment, it will be implemented by the Board adopting an ordinance.
Chapter 22.28, Land Use Action Decisions
Section 22.28.030, Decision On Plan Amendments And Zone Changes
A. Except as set forth herein, the Hearings Officer or the Planning Commission when
acting as the Hearings Body shall have authority to make decisions on all quasi-
judicial zone changes and plan amendments. Prior to becoming effective, all quasi-
judicial plan amendments and zone changes shall be adopted by the Board of
County Commissioners.
B. In considering all quasi-judicial zone changes and those quasi-judicial plan
amendments on which the Hearings Officer has authority to make a decision, the
Board of County Commissioners shall, in the absence of an appeal or review
initiated by the Board, adopt the Hearings Officer's decision. No argument or further
testimony will be taken by the Board.
FINDING: As detailed above, staff finds the proposal should be viewed as a quasi-judicial plan
amendment. For this reason, staff finds these criteria apply. This application is being referred to a
Hearings Officer for a recommendation. If an appeal is not filed and the Board does not initiate
review, the Board shall adopt the Hearings Officer's recommendation as the decision of the county.
C. Plan amendments and zone changes requiring an exception to the goals or
concerning lands designated for forest or agricultural use shall be heard de novo
before the Board of County Commissioners without the necessity of filing an appeal,
regardless of the determination of the Hearings Officer or Planning Commission.
Such hearing before the Board shall otherwise be subject to the same procedures as
an appeal to the Board under DCC Title 22.
FINDING: The subject text amendment does not require a goal exception and does not concern
lands designated for forest or agricultural use. For this reason, a de novo hearing before the Board
is not required.
D. Notwithstanding DCC 22.28.030(C), when a plan amendment subject to a DCC
22.28.030(C) hearing before the Board of County Commissioners has been
consolidated for hearing before the hearings Officer with a zone change or other
permit application not requiring a hearing before the board under DCC 22.28.030(C),
any party wishing to obtain review of the Hearings Officer's decision on any of those
other applications shall file an appeal. The plan amendment shall be heard by the
Board consolidated with the appeal of those other applications.
FINDING: No other application is being consolidated with the subject text amendment. Staff finds
this criterion does not apply.
247-25-000035-TA Staff Report Page 14 of 23
Exhibit B to Ordinance 2025-020
Title 23, Comprehensive Plan
Chapter 1, Comprehensive Planning
Section 1.2, Community Involvement Policies
Goals and Policies
Goal 1: Maintain an active and open community involvement program that is accessible to
all members of the community and engages the community during development and
implementation of land use policies and codes.
Policy 1.2.3 Encourage community participation in planning through a variety of tools
and techniques, including.-
b. Provide staff reports for comprehensive plan and zoning text
amendments to the public in a timely manner,•
FINDING: The staff report for the subject zoning text amendment will be available at least 35 days
prior to the initial hearing. Additionally, any subsequent staff reports will be available at least seven
days prior to any public hearings. Therefore, staff finds the requirements of this policy are met.
Section 1.3, Land Use Planning Policies.
Goals and Policies
Goal 1: Maintain an open and public land use process in which decisions are
based on the objective evaluation of facts.
Policy 1.3.3 Involve the public when amending County Code.
FINDING: As discussed above, there will be at least one public hearing for this review, and the
County has mailed and published public notices in conjunction with this review. These efforts
encourage public participation as part of the review of the applicant requested County Code
amendment.
Chapter 4, Urban Grown Management
Section 4.5, Sunriver Policies.
Goals and Policies
No goals have been defined for the Sunriver Urban Unincorporated Community.
Policy 4.5.1 Land use regulations shall conform to the requirements of OAR 660 Division
22 or any successor:
FINDING: Compliance with the requirements of OAR 660 Division 22 is addressed below.
247-25-000035-TA Staff Report Page 15 of 23
Exhibit B to Ordinance 2025-020
Policy 4.5.2 County comprehensive plan policies and land use regulations shall ensure
that new uses authorized within the Sunriver Urban Unincorporated
Community do not adversely affect forest uses in the surrounding Forest Use
Zones.
FINDING: No new uses within the Sunriver Urban Unincorporated Community are requested as
part of the proposed text amendment.
Resort District Policies
Policy 4.5.15 Areas designated resort on the comprehensive plan map shall be designated
resort, resort marina, resort golf course, resort equestrian or resort nature
center district on the zoning map to reflect a development pattern which is
consistent with resort uses and activities.
FINDING: The subject properties include areas designated resort on the comprehensive plan map
and designated resort equestrian on the zoning map. Staff finds the proposed text amendment to
expand the uses allowed in the CL District to match the RE District will ensure the development
pattern on the subject properties is consistent with the existing resort equestrian uses and activities.
The proposed text amendment does not allow a new development pattern because the proposed
text amendment is expressly limited to existing structures as of the effective date of the ordinance.
Community District Policies
Policy 4.5.19 Areas designated community on the comprehensive plan map shall be
designated communitygeneral, community recreation, community limited or
community neighborhood district on the zoning map to reflect a
development pattern which is consistent community uses and activities.
FINDING: The subject tax lot 300 includes areas designated community on the comprehensive plan
map and community limited district on the zoning map. The proposed text amendment to expand
the uses allowed in the CL District to match the RE District will ensure the development pattern on
the subject properties is consistent with the existing resort equestrian uses and activities. The
proposed text amendment does not allow a new development pattern because the proposed text
amendment is expressly limited to existing structures as of the effective date of the ordinance.
Policy 4.5.20 Lands designated community shall be developed with uses which support all
facets of community needs, be they those of year-round residents or part-
time residents and tourists.
FINDING: The subject tax lot 300 includes lands designated community. The proposed text
amendment is requested to ensure the Sunriver Boarding Stable can continue to be used by the
community, including year-round or part-time residents and tourists.
Policy 4.5.21 Development shall take into consideration the unique physical features of
the community and be sensitive to the residential development within which
the community areas are interspersed.
247-25-000035-TA Staff Report Page 16 of 23
Exhibit B to Ordinance 2025-020
FINDING: The proposed text amendment allows for a limited expansion of uses allowed in existing
structures to align with the current development in the Urban Unincorporated Community of
Sunriver. No changes to the unique physical features of the community are proposed. Additionally,
the County provided notice to all neighbors within 250 feet of the subject property, and the
Applicant posted a proposed land use sign on the subject properties. No comments or concerns
were raised related to the development associated with the proposed text amendment and the
residential development in the Urban Unincorporated Community of Sunriver. Staff also notes the
closest residential district is +/-3,000 feet from the existing structure on the subject tax lot 300.
Therefore, staff finds development associated with the proposed text amendment will comply with
this policy.
OREGON ADMINISTRATIVE RULES
Chapter 660, Division 12, Transportation Planning
OAR 660-012-0060, Plan and Land use Regulation Amendments.
(1) if an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation (including a zoning map) would significantly affect an existing
or planned transportation facility, then the local government must put in place
measures as provided in section (2) of this rule, unless the amendment is allowed
under section (3), (9) or (10) of this rule. A plan or land use regulation amendment
significantly affects a transportation facility if it would.
(a) Change the functional classification of an existing or planned transportation
facility (exclusive of correction of map errors in an adopted plan),
(b) Change standards implementing a functional classification system, or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this
subsection based on projected conditions measured at the end of the
planning period identified in the adopted TSP. As part of evaluating projected
conditions, the amount of traffic projected to be generated within the area
of the amendment may be reduced if the amendment includes an
enforceable, ongoing requirement that would demonstrably limit traffic
generation, including, but not limited to, transportation demand
management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the
functional classification of an existing or planned transportation
facility,
(B) Degrade the performance of an existing or planned transportation
facility such that it would not meet the performance standards
identified in the TSP or comprehensive plan, or
247-25-000035-TA Staff Report Page 17 of 23
Exhibit B to Ordinance 2025-020
(C) Degrade the performance of an existing or planned transportation
facility that is otherwise projected to not meet the performance
standards identified in the TSP or comprehensive plan.
FINDING: Deschutes County's Senior Transportation Planner reviewed the proposed text
amendment and did not identify any significant effects on existing or planned transportation
facilities (ref. Agency Comments in the Basic Findings section). Additionally, no new structures are
authorized as part of the proposed text amendment, as the proposed code changes only apply to
existing structures, and, it would be reasonable to assume there will be limited to no additional
transportation impacts. For these reasons, staff finds the proposed amendment will not significantly
affect an existing or planned transportation facility and compliance with the Transportation
Planning Rule has been effectively demonstrated.
Chapter 660, Division 15, Statewide Planning Goals and Guidelines
FINDING: The Statewide Planning Goals and the Applicant's findings are quoted below:
Goal 1: Citizen Involvement
To develop a citizen involvement program that insures the opportunity for citizens to be
involved in all phases of the planning process.
RESPONSE: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments will be provided through notice
of public hearings in the "Bend Bulletin" newspaper and other notice will be provided, as
discussed above. The two public hearings on this application will provide the opportunity for
any resident to participate in the land use process. Goal 1 is met.
Goal 2: Land Use Planning
Part I - Planning. To establish a land use planning process and policy framework as a basis
for all decisions and actions related to use of land and to assure an adequate factual base
for such decisions and actions.
RESPONSE: Goals, policies, and processes related to this application are included in the
Quasi-judicial and Legislative Modified Procedure, Deschutes County Comprehensive Plan,
Title 23, and Deschutes County Code, Title 18 and Title 22. Compliance with these processes,
policies, and regulations are documented within the subject application. Goal 2 is met.
Goal 3: Agricultural Lands
To preserve and maintain agricultural lands.
RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of
Goal 3. Neither RE or CL are exclusive farm use zones nor does either zone allow agricultural
uses. DCC 18.108.090 (RE zone does not allow agricultural uses); DCC 18.108.140 (CL zone
does not allow agricultural uses).
247-25-000035-TA Staff Report Page 18 of 23
Exhibit B to Ordinance 2025-020
Goal 3 is not applicable.
Goal 4: Forest Lands
To conserve forest lands by maintaining the forest land base and to protect the state's forest
economy by making possible economically efficient forest practices that assure the
continuous growing and harvesting of forest tree species as the leading use on forest land
consistent with sound management of soil, air, water, and fish and wildlife resources and to
provide for recreational opportunities and agriculture.
RESPONSE: No lands will be rezoned as part of this application, furthering the purpose of
Goal 4. Neither RE or CL are forest zones nor does either zone allow forest practice uses.
DCC 18.108.090 (RE zone does not allow forest practice uses); DCC 18.108.140 (CL zone does
not allow forest practice uses).
Goal 4 is not applicable.
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources
To protect natural resources and conserve scenic and historic areas and open spaces.
RESPONSE: The amendments do not propose to change open spaces, scenic or historic
areas, or natural resources. Both zones involved in this proposed amendment are located in
the Sunriver Urban Unincorporated Community only. Moreover, the proposed amendment
only applies to existing structures as of the date of the ordinance, and therefore does not
impact any existing open spaces or undisturbed natural resources.
Goal 5 is met.
Goal 6: Air, Water and Land Resources Quality
To maintain and improve the quality of the air, water and land resources of the state.
RESPONSE: The proposed text amendment will not impact the quality of the air, water, or
land resources.
Goal 6 is inapplicable or is met.
Goal 7: Areas Subject to Natural Disasters and Hazards
To protect people and property from natural hazards.
RESPONSE: The proposed amendment will not affect the County's regulation of areas subject
to natural disasters or hazards.
Goal 7 is not applicable.
247-25-000035-TA Staff Report Page 19 of 23
Exhibit B to Ordinance 2025-020
Goal 8: Recreational Needs
To satisfy the recreational needs of the citizens of the state and visitors and, where
appropriate, to provide for the siting of necessary recreational facilities including destination
resorts.
RESPONSE: To the extent that Goal 8 is applicable to the subject application, the amendment
will allow the recreational equestrian zone to apply to the limited circumstance of existing
buildings that cross from the equestrian zone into the CL zone. This will allow Deschutes
County citizens and visitors to continue to access equestrian recreational opportunities in
those existing buildings.
Goal 8 is met.
Goal 9: Economic Development
To provide adequate opportunities throughout the state for a variety of economic activities
vital to the health, welfare, and prosperity of Oregon's citizens.
RESPONSE: The proposed text amendment complies with Goal 9 because it will permit the
existing resort equestrian area's economic activities to continue in existing buildings that
were built into the CL zone.
Goal 9 is met.
Goal 10: Housing
To provide for the housing needs of citizens of the state.
RESPONSE: The subject application does not propose to change any regulations related to
housing, as housing is not allowed in either the CL or RE zones.
Goal 10 is not applicable.
Goal 11: Public Facilities and Services
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
RESPONSE: The proposed text amendment will have no effect on the provision of public
facilities and services.
Goal 11 is not applicable.
Goal 12: Transportation
To provide and encourage a safe, convenient and economic transportation system.
RESPONSE: The proposed amendment will not impact transportation facilities within the
County.
247-25-000035-TA Staff Report Page 20 of 23
Exhibit B to Ordinance 2025-020
Goal 12 is not applicable.
Goal 13: Energy Conservation
To conserve energy.
RESPONSE: As the proposed amendment only applies to existing structures, it will not have
any impact on the conservation of energy.
Goal 13 is not applicable.
Goal 14: Urbanization
To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth boundaries,
to ensure efficient use of land, and to provide for livable communities.
RESPONSE: Goal 14 concerns the provision of urban and rural land uses to ensure efficient
use of land and livable communities. The proposed amendment does not amend an urban
growth boundary and the uses that would be allowed in the portion of a structure in a CL
district are already allowed in the RE district. The uses in the RE district are related to the
equestrian zoning, and are not "urban" uses under Goal 14.
Goal 14 is met.
Goals 15-19
RESPONSE: Goals 15 through 19 are not applicable as they all related to waterbodies outside
the County (Goal 15 Willamette River Greenway; Goal 16 Estuarine Resources; Goal 17
Coastal Shorelands; Goal 18 Beaches and Dunes; and Goal 19 Ocean Resources).
Staff generally accepts the Applicant's responses and finds compliance with the applicable
Statewide Planning Goals has been effectively demonstrated.
Chapter 660, Division 22, Unincorporated Communities
OAR 660-022-0030, Planning and Zoning of Unincorporated Communities.
(6) County plans and land use regulations shall ensure that new or expanded uses
authorized within unincorporated communities do not adversely affect agricultural
or forestry uses.
FINDING: The proposed text amendment does not create new uses in the Urban Unincorporated
Community of Sunriver. However, it does allow for an expansion of uses authorized in the RE District
for existing structures located in both the RE and CL Districts. Based on the submitted application
247-25-000035-TA Staff Report Page 21 of 23
Exhibit B to Ordinance 2025-020
materials and staffs review of County records, there is only one existing structure that meets these
criteria - a horse boarding stable constructed in 2007 (see Figure 2).
The Deschutes National Forest abuts the subject properties, and staff find this tract is likely engaged
in forestry uses. The Planning Division mailed notice of the proposed text amendment to Deschutes
National Forest, and no comments/concerns were raised. The existing structure on the subject tax
lot 300 is setback more than 300 feet from the closest boundary of the Deschutes National Forest.
Staff finds this separation ensures there are no adverse effects on forestry uses. Besides the
agricultural uses occurring on the subject property, there do not appear to be any nearby
agricultural uses. Nevertheless, staff finds two out of the three expanded uses (i.e. an equestrian
facility or building used for retail sales, rental, and repair services commonly associated with
equestrian facilities) are agricultural uses. Therefore, staff finds these two expanded uses are
compatible. Moreover, the proposed text amendment is specific to the allowed uses of existing
structures, which significantly reduces any potential impacts on surrounding agricultural or forestry
uses. Considering all these factors, staff finds the expanded uses authorized requested as part of
this text amendment will not adversely affect agricultural or forestry uses.
(8) Zoning applied to lands within unincorporated communities shall ensure that the
cumulative development. -
(A) Will not result in public health hazards or adverse environmental impacts
that violate state or federal water quality regulations; and
(8) Will not exceed the carrying capacity of the soil or of existing water supply
resources and sewer services.
FINDING: The proposed text amendment only applies to existing structures. As noted in this staff
report, there is only one existing structure that qualifies for the expanded uses allowed under
proposed text amendment. This existing structure has been permitted by Deschutes County and is
connected to the community water and sewer system in Sunriver. Therefore, staff finds the
proposed text amendment ensures the cumulative development will not result in public health
hazards or adverse environmental impacts that violate state or federal water quality regulations,
and it will not exceed the carrying capacity of the soil or of existing water supply resources and
sewer services.
247-25-000035-TA Staff Report Page 22 of 23
Exhibit B to Ordinance 2025-020
IV. CONCLUSION & RECOMMENDATION:
Based on the findings above, staff believes the proposed text amendment complies with the
applicable criteria of DCC Title 18, DCC Title 22, DCC Tile 23, and the applicable sections of OAR. Staff
requests the Hearings Officer determine if the Applicant has met the burden of proof necessary to
justify the proposed text amendment.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Caroline House, Senior Planner
`v'e
Reviewed by: Anthony Raguine, Principal Planner
247-25-000035-TA Staff Report Page 23 of 23
Exhibit B to Ordinance 2025-020
�v1ES CO
o� Gam{ BOARD OF
COMMISSIONERS
MEETING DATE: January 7, 2026
SUBJECT: Second Reading of Ordinance No. 2025-020: Sunriver Community Limited District
Text Amendment
RECOMMENDED MOTIONS:
1. Move approval of second reading of Ordinance No. 2025-020 by title only.
2. Move adoption of Ordinance No. 2025-020.
BACKGROUND AND POLICY IMPLICATIONS:
On December 3, 2025, the Board voted 3-0 to adopt the Hearings Officer's
Recommendation to approve the proposed text amendment to the Sunriver Community
Limited District. The Board subsequently conducted first reading of Ordinance No. 2025-
020 on December 17, 2025.
Following second reading, Ordinance No. 2025-020 will formally adopt the requested
Sunriver Community Limited District Text Amendment, with the Code change taking effect
in 90 days.
BUDGET IMPACTS:
None
ATTENDANCE:
Caroline House, Senior Planner
►rkw0lITJ L91 LTAi1I 111►Ti
TO: Deschutes County Board of Commissioners
FROM: Caroline House, Senior Planner
DATE: December 24, 2025
SUBJECT: Consideration of Second Reading: Sunriver Community Limited District Text Amendment
On January 7, 2026, staff will present Ordinance No. 2025-020 to the Board of County Commissioners
("Board") for consideration of Second Reading. On December 5, 2025, the Board voted 3-0 to adopt the
Hearings Officer's Recommendation. The Board conducted First Reading of the Ordinance on December
17, 2025. Following the Second Reading, Ordinance No. 2025-025 attached hereto will formally adopt the
Text Amendment (ref. File No. 247-25-000035-TA).
I. OVERVIEW OF TEXT AMENDMENT
Sunriver Resort ("Applicant") requested a Text Amendment to Deschutes County Code ("DCC") Section
18.108.140. The requested amendment only affects properties with existing structures that are partially
located in both the Sunriver Community Limited ("CL") and Resort Equestrian ("RE") Districts. There is one
property with these conditions, which is identified on County Assessor's Maps 19-11-31 as tax lot 300.
The Applicant narrowly tailored the requested Text Amendment to address a split zoning issue for the
existing Sunriver Boarding Stable structure, which is split zoned CL District and RE District. This Text
Amendment will expand the allowed uses of the existing Sunriver Boarding Stable structure located in
the CL District to include the uses allowed outright in the RE District.
II. NEXT STEPS
The ordinance will become effective 90 days following the second reading.
III. RECORD
The record for this matter is as presented at the following Deschutes County Community Development
Department website:
https•//www.deschutes.org/cd/page/247-25-000035-ta-sunriver-community-limited-district-text-
amendment
Attachments:
0 Ordinance No. 2025-020 and Corresponding Exhibits