HomeMy WebLinkAboutSunriver Busines Park ProposalCommunity Development Department
Planning Division Building Safety Division Environmental Soils Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
To: Board of County Commissioners
From: Nick Lelack, Planning Director
Date: September 28, 2011
Re: Sunriver Business Park (BP) District Text Amendment
BACKGROUND/SUMMARY
Deschutes County has been contacted regarding a request to amend the Sunriver Business
Park (BP) District within the Urban Unincorporated Community (UUC) Zone -Sunriver to allow a
church as an outright permitted use. In addition, the request is for Deschutes County to serve as
the applicant and initiate the text amendment at no cost to the church.
Please find attached a letter submitted by Douglas R. White of Central Oregon Planning
Solutions on September 16, 2011 on behalf of his client, The Door at Three Rivers, and his
proposed Text Amendment.
DISCUSSION
This section briefly addresses the following:
(1) Deschutes County Comprehensive Plan poliCies for the Sunriver Business District;
(2) UUC Zone -Sunriver BP district land uses;
(3) Typical County and applicant initiated text amendments;
(4) Resources required to initiate text amendments, including demonstrating compliance with
the Transportation Planning Rule (TPR) because it is a land use regulation change; and
{5} Public involvement and the planning process.
First, the Deschutes County Comprehensive Plan policies related to the Sunriver BP District are
provided below. The three policies are nearly identical in both the current and updated versions
of the Comprehensive Plan. The newly adopted Plan, which takes effect on November 9, 2011,
removed the text below in the third bullet point shown with a strikethrough.
• A variety of commercial uses which support the needs of the community and surrounding
rural area, and not uses solely intended to attract resort visitors, should be encouraged.
Quality Services Performed with Pride
• Allow small-scale, low-impact commercial uses in conformance with the requirements of
OAR Chapter 660, Division 22. Larger more intense commercial uses shall be permitted if
they are intended to serve the community, the surrounding rural area and the travel needs of
people passing through the area.
• Small-scale, low-impact industrial uses should be allowed in conformance with the
requirements of OAR Chapter 660, Division 22. No more intensi\le industrial uses shall be
allowed.
Second, the UUC Zone -Sunriver BP district includes a mix of outright permitted uses as
described in Mr. White's letter, not all of which are commercial or industrial uses as called for in
the Comprehensive Plan policies, such as libraries. As Mr. White states in his letter, however, a
church exhibits similar characteristics to those uses already permitted in the zone.
Third, typically, Deschutes County initiates text amendments that are of broad applicability to a
group of property owners or businesses. For example, recent, pending or upcoming County
initiated text amendments have addressed cell towers, commercial event venues, destination
resorts, time limitations on land use approvals, and street standards. It is common for property
owners or businesses to propose text amendments that address isolated issues or issues of
limited/narrow applicability. Staff believes this proposed text amendment is of limited
applicability.
Fourth, making an application to amend Deschutes County Code (DCC) requires preparing a
land use application, including the burden of proof demonstrating the need/justification for the
proposal, gathering public input from people and/or businesses impacted by the change, and
potentially defending the decision if it is challenged. It is important for the Board to consider
whether County staff should undertake this effort or it should be undertaken by the party
seeking the amendment.
Fifth, if the County decides to initiate the text amendment, which is not on the Planning
Division's work plan, then (1) the Division may need to reallocate resources to this effort from a
current project depending on several factors; and (2) staff recommends that Mr. White or his
client be required to provide the burden of proof, including the findings justifying the
amendment, including compliance with the TPR. As an alternative to the County initiating the
amendment, the Board may consider a full or partial fee waiver as a part of the text amendment
application, in which case it would have to make findings that 'the public benefit is served' by the
waiver. The fee for a minor text amendment is $5,000.
Finally, it does not appear that Mr. White or his client has engaged the Sunriver Business Park
owners and tenants about this proposal. Based on past experiences, Sunriver residents and
businesses often fully engage in land use issues in their community. Staff recommends any
process to amend the Sunriver BP District begin with a public hearing before the Planning
Commission with public notice and mailings to business park owners and tenants.
DIRECTION
Staff seeks direction on:
(1) Whether this text amendment should be initiated by:
a. the County,
b. the applicant under a full or partial fee waiver, or
c. the applicant with no fee waiver
(2) Whether public hearings should begin before the Planning Commission or Board.