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HomeMy WebLinkAbout82-043V3L 44 FA.,c 6-0' BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Ordin- ance No. PL -15, Deschutes County Zoning Ordinance of 1979, as Amended, by the Addition of Section 4.240, Providing for a Planned Community (PC) Zone; Zoning Certain Property Planned Community (PC) Zone; Adopting the Sunriver Master Plan; Adopting Findings of Fact; and Declaring an Emergency. ORDINANCE NO. 82-043 L E® f't (n V 15 1982 ROSEMARY �ESCHUTES PATTcRSO1V COUNTY CLERK WHEREAS, the Deschutes County Comprehensive Land Use Plan identifies Sunriver, Oregon, as a Planned Community; and WHEREAS, a Planned Community is a fully self-contained complex of residential, commercial and industrial areas, transportation facilities, utilities, public facilities, and recreation areas; and WHEREAS, the Board of County Commissioners have considered the adoption of a Planned Community (PC) Zone to implement those portions of the Comprehensive Plan providing for Planned Communities; and WHEREAS, the Board of County Commissioners have proposed the zoning of Sunriver, Oregon, as a Planned Community in accordance with the Comprehensive Plan and proposed Zoning Ordinance provision; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Section 4.240, Planned Community (PC) Zone, marked Exhibit "A", attached hereto and by this reference incorporated herein, be added to Ordinance No. PL -15, Deschutes County Zoning Ordinance of 1979, as amended. Section 2. That Sunriver, Oregon, as shown on the Sunriver Land Use District Map, marked Exhibit "B", attached hereto and by this reference incorporated herein, be zoned Planned Community (PC) Zone. 1 - ORDINANCE NO. 82-043 VOL Section 3. That the Sunriver Master Plan, marked Exhibit "C", attached hereto and by this reference incorporated herein, including the Sunriver Land Use District Map referred to in Section 2 of this Ordinance, be adopted and approved as the Sunriver Master Plan, in accordance with the standards and criteria as set forth in the provisions of the Planned Community (PC) Zone adopted by this Ordinance. Section 4. That the Findings of Fact, marked Exhibit "D", attached hereto and by this reference incorporated herein, be adopted as the Findings and Conclusions of the Board of County Commissioners in support of Sections 1 through 3 of this Ordinance. Section 5. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this 7 day of 1982. ATTEST: SUSAN STONEMAN Recording Secretary 2 - ORDINANCE NO. 82-043 BOARD OF COUNTY COMMISSIONERS OF D S UTES COU , C AY HEPAR , Chairman ALBERT A. mmiss ;'" I r 'C�.S �I,- . r. PAULSON, JR., gDWissioner von Section 4.240. Planned Community Zone, PC. following regulations shall apply: 44 FAGE 609 1'� 7 QHS y�zz��q..R� 82 In a PC Zone t'h�Arr� Cp pRS U, ""r oN QeRK (1) Purpose: Purpose of the Planned Community zone is to provide standards and review procedures for the development of planned communities in Deschutes County. (2) Districts Permitted in a PC Zone. In a PC zone, the following districts shall be established subject to the terms of the Master Plan. (A) Single Family Residential District - RS District 1. Permitted Uses. The following uses are permitted: a. Single-family dwelling. b. One private garage for each dwelling unit. C. Other accessory uses and buildings and structures customarily appurtenant to a permitted use. 2. Conditional Uses. The following uses may be permitted subject to a Conditional Use Permit: a. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses or similar uses. b. Recreation facilities, including swimming pools and tennis clubs for the private use of individuals or groups of individuals. C. Utility substations or pumping stations with no equipment storage and sewage treatment facilities. d. Temporary subdivision tract office. e. Community buildings. 3. Height Regulations. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed 30 feet in height. 4. Lot Requirements. The following lot requirements shall be observed, provided that the Hearings Body may allow smaller lots approved pursuant to this Ordinance and consistent with the Comprehensive Plan designations for preservation of forested areas or significant rock outcroppings when these lots are internal to the subdivision or after a hearing if they are located on the edge of the new plat. - 1 - 1,— A rr Final Draft November 3, 1982 x I_ C / A Y0� 44 PAGE 61 a. Lot Area: Every lot shall have a minimum area of 6,000 square feet. b. Lot Width: Every lot shall have a minimum average width of 60 feet except that a corner lot shall be a minimum of 70 feet. C. Frontage: Every lot shall have a minimum width at the street of 50 feet except that on an approved cul-de-sac this may be reduced to 30 feet. d. Front Yard: The front yard shall be a minimum of 20 feet. e. Side Yard: A side yard shall be a minimum of 5 feet. f. Rear Yard: A rear yard shall be a minimum of 5 feet, provided, however, that if there is common property abutting the rear -yard the setback may be reduced 6 inches for each foot of common property exceeding 10 feet. g. Lot Coverage: Maximum lot coverage by buildings and structures shall be 35 percent of the lot area. (B) Multiple Family Residential District - RM District 1. Permitted Uses. The following uses are permitted: a. Two-family dwelling or duplex. b. Multiple -family dwellings, apartment houses, and dwelling groups including townhouses and condominiums. C. Permitted uses in an RS District. 2. Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit. a. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses, and similar uses. b. Utility substations or pumping stations with no equipment storage and no sewage treatment facilities. C. Off-street parking lots when contiguous to a less restrictive zoning district. d. Building over 30 feet in height. - 2 - Final Draft November 3, 1982 1 � L VOL 44 PAI'L 611 e. Community building. f. Temporary sales office for on site dwelling units. 3. Height Regulations. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed a height of 30 feet without Conditional Use Permit. 4. Lot Requirements. The following lot requirements shall be observed: a. Duplexes, Threeplexes and Fourplexes: (i) Lot Area. Every lot shall have a minimum area of 5,000 square feet for the first dwelling unit, plus the following minimum unit square footages based upon the number of bedrooms per additional dwelling unit in the following table: Studio or Efficienty 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 750 square feet 1,000 square feet 1,500 square feet 2,250 square feet 2,500 square feet provided that the overall density shall not exceed one dwelling unit per 2,000 square feet of lot area. (ii) Lot Width: Every lot shall have a minimum average width of 50 feet. (iii) Frontage: Every lot shall have a minimum width at the street of 50 feet except that on an approved cul-de-sac this may be reduced to 30 feet. (iv) Front Yard: The front yard shall be a minimum of 10 feet. (v) Side Yard: There shall be a minimum side yard of 5 feet and the sum of the side yards shall be minimum of 15 feet. The side yards shall be increased by 1/2 feet for each foot by which the building height exceeds 15 feet. (vi) Rear Yard: There shall be a rear yard having a depth of not less than 5 feet. The rear yard shall be increased by 1/2 foot for each foot by which the building height exceeds 15 feet. - 3 - Final Draft November 3, 1982 r VOL 44 FAcE 12 (vii) Lot Coverage: Maximum lot coverage by buildings and structures shall be 40 percent of the total lot area. b. Townhouses, Condominimums and Apartments: (i) There shall be no minimum lot area for apartments, townhouses and condominium development provided however that the overall density shall not exceed one dwelling per 2,000 square feet of land area. (ii) Setbacks: Yard setbacks, lot widths and lot coverage shall be determined at the time of site plan approval. C. Single Family Residences: (i) Lot widths, yard setbacks and lot coverage shall be the same as provided in the RS District. 5. Off -Street Parking. Off-street parking shall be provided for two cars per dwelling unit. (C) Commercial District - C District 1. Permitted Uses. The following uses are permitted in the C District. a. Ambulance service. b. Antique shop. C. Applicance sales (household), including minor repairs. d. Art galleries, libraries and reading rooms. e. Artist supplies and picture framing. f. Auto parts sales (new). g. Bakery, retail. h. Bank or other financial institution. i. Barber shop. j. Beauty shop. k. Book or stationery store. 1. Bicycle shop. - 4 - Final Draft November 3, 1982 VOL 44 F.w* 613 M. Churches. n. Clothing store or tailor shop. o. Clothes cleaning pick-up agency, clothes cleaning agency using non-flammable cleaning agents, including self-service cleaning or laundry establishment. p. Confectionary or delicatessen. q. Dairy products, sales only. r. Drug store, including soda fountain. s. Dry goods store, millinery shop, dress shop. t. Florist shop. U. Food store. V. Frozen food locker, excluding wholesale storage. W. Furniture store. X. Garden supply store. y. Gift shop, notion or variety store. Z. Hardware store or paint store. aa. Health food store. bb. Hobby shop. CC. Home furnishings. dd. Jewelry store. ee. Leather goods and luggage. ff. Musical instruments. gg. Office - business or professional not including the retail sale of goods. hh. Pet shop. ii. Photographic supplies and studio. jj. Radio and television sales and service. Final Draft November 3, 1982 - 5 - VOL 44 PACE 61 kk. Radio and television broadcasting studios and facilities, except towers. 11. Restaurant, bar, and cocktail lounge including entertainment. mm. Shoe store, shoe repair shop. nn. Service station. oo. Toy store. pp. Upholstery shop. qq. Technical and business schools. rr. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. ss. Bus stop. tt. Catering establishment. uu. Crafts in conjunction with retail sales (occurring on premises such as stained glass/pottery, etc.). vv. Floor covering store. ww. Interior decorating. xx. Musical instruments/record store. yy. Liquor store. ZZ. Medical and dental clinic, office and laboratory. aaa. Meat and seafood market, including a butcher shop for on-site sales. bbb. Printer, blueprinting, photocopying and other reproduction processes. ccc. Sporting goods store. ddd. Telephone exchange. eee. Travel agency. fff. Wine/cheese store. Final Draft November 3, 1982 91 f _ r ggg. Video movie rental. hhh. Real estate sales office. Vol, 44 FACE 615! 2. Conditional Uses: The following conditional uses may be permitted subject to a Conditional Use Permit. a. Residential dwelling units consistent with the master plan of the planned community subject to the standards of the RM district. b. Bowling alley. C. Car wash. d. Dancing or music school, nursery school, kindergarten and day care facility. e. Department store. f. Drive-in restaurant. g. Public buildings and public utility buildings and structures as may be appropriate. h. Club, lodge or fraternal organization. i. commercial off-street parking lot. j. Theatre. k. Veterinary clinic or kennel operated entirely within an enclosed building. 1. Minor automotive repair, battery and tire store provided the business is wholly conducted within an enclosed building and all waste or used parts are removed from the premises each day. M. Bus passenger station. 3. Special conditions: The above permitted or conditional uses shall not involve the transport of chemicals which would present a significant hazard. 4. Height Regulations: No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed a height of 40 feet. 5. Lot Requirements. The following lot requirements shall be observed: - 7 - Final Draft November 3, 1982 vo! 44 PAS- ! a. Lot Area: No requirements. b. Lot Width. No requirements. C. Lot Depth: 100 feet. d. Front Yard. The front yard shall be a minimum of 10 feet. e. Side Yard: None, except when a side lot line is abutting a lot in an "R" District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. f. Rear Yard: None, except when a rear lot line is abutting a lot in an "RS" or "RM" District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. g. Lot Coverage: No requirements. 6. Off -Street Parking and Loading. Off-street parking and loading space shall be provided as required in Article 5. (D) Resort District - R District 1. Permitted Uses. The following uses are permitted in the R District: a. Restaurant, bar, cocktail lounge including entertainment. b. Convention facilities. C. Meeting rooms. d. Recreational facilities commonly associated with the resort developments including but not limited to swimming pools, tennis courts, golf courses, putting greens, nature centers, boat docks, equestrian facilities, equipment rental facilities. e. On site sales of equipment and accessories directly related and customarily appurtenant to existing recreational facilities. g. Property sales offices operated by the developer. h. Lodge facilities, except overnight accommodations. Final Draft November 3, 1982 VOL PAGE t g. Maintenance facilities associated with the resort development. 2. Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit: a. Residential dwelling unit in conjunction with a permitted use. b. Public buildings and public utility buildings and structures as they may be appropriate to the R zone. C. Church, club or fraternal organization. d. Storage buildings necessary for resorts and/or property development. e. Motel, hotel and lodge facilities with overnight accommodations. f. Retail sales commonly associated with outright permitted uses in the R District. g. Schools. h. Buildings over 30 feet in height. 3. Lot Requirements. The following lot requirements shall be observed: a. Lot Area: No requirements. b. Lot Width: No requirements. C. Lot Depth: 100 feet. d. Front Yard: The front yard shall be a minimum of 10 feet. e. Side Yard: None, except when a side lot line is abutting a lot in an "RS" or "RM" District, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. f. Rear Yard: None, except when a rear lot line is abutting a lot in an "RS" or "RM" District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by 1/2 foot for each foot by which the building height exceeds 20 feet. Final Draft November 3, 1982 (E) VOL 44 FA 61 8 g. Lot Coverage: No requirements. 4. Off -Street Parking and Loading. Off-street parking and loading space shall be provided as required in Article 5. Industrial District - I District 1. Permitted Uses. The following uses are permitted in the I zone: a. Existing residential uses, without any increase in density. b. Scientific research or experimental development of materials, methods or products, including engineering, and laboratory research. C. Administrative, educational, and other related activities and facilities in conjunction with a permitted use. d. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals, or stones. e. Manufacture of food products, pharmaceuticals, and the like, but not including the production of fish or meat products, or fermented foods, such as sauer- kraut, vinegar, or the like, or the rendering of fats and oils. f. Other similar uses which the Commission may find to be similar to those listed as permitted in this Zone and which are not inconsistent with the purpose of this Zone. g. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. 2. Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit: a. Public buildings and public utility structures and yards, including railroad yards. b. Warehouse and distribution uses which the Commission finds not to be inconsistent with the purpose of this Zone and which will not impair present or potential use of adjacent properties. - 10 - Final Draft November 3, 1982 va 44 PAc, 61 C. Buildings over 45 feet in height. d. A dwelling unit for a caretaker or watchman working on the property. e. Commercial uses which are consistent with the Planned Communities Master Plan and which will not conflict with the uses permitted within the I zone. 3. Height Regulations. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed a height of 45 feet without Conditional Use Permit. 4. Lot Requirements. The following lot requirements shall be observed: a. Lot Area: No requirements. b. Lot Width: No requirements. C. Lot Depth: Each lot shall have a minimum depth of 100 feet. d. Front Yard: The front yard shall be a minimum of 35 feet. e. Side Yard: Side yard shall be a minimum of 25 feet except when abutting a lot in an "RS" or "RM" Dis- trict and then the required side yard shall be 50 feet. No side yards are required on the side of a building abutting a railroad right-of-way. f. Rear Yard: A rear yard shall be a minimum of 25 feet except when abutting a lot in an "RS" or "RM" Dis- trict and then the rear yard shall be 50 feet. No rear yard is required on the side of a building abutting a railroad right-of-way. g. Lot Coverages: The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area. 5. Off -Street Parking and Loading. Off-street parking and loading space shall be provided as required in Article 5 of Ordinance PL -15. (F) Community Property - CP District 1. Permitted Uses. The following uses are permitted: Final Draft November 3, 1982 Z r VOL 44 rn-t 6219 a. Schools, subject to site plan reviewe. b. Utility substations, utility equipment storage yards, and pump stations. C. Dedicated common areas. d. Recreational facilities generally associated with resort developments such as golf courses, tennis courts, swimming pools, parks, playgrounds, nature centers, putting greens, equestrian facilities, boat docks, amphiteatres aned observatories. e. Open space. 2. Conditional Uses: The following uses may be permitted subject to a Conditional Use Permit and the provisions of Article 8. a. Sewage treatment facilities. b. Utility transmission lines. (G) Airports - A District 1. Uses Permitted Outright: a. Runway, fuel storage and sales, and emergency repair. b. Farm use. 2. Conditional Uses. a. Farm accessory buildings and uses. b. Utility facility necessary for public service except landfills. C. Golf course. d. Park, playground, other recreational site or facility or community service facilty. e. Related use such as hangers, tie -down areas, and parking facilities. 3. Use Limitations: In an A District, the following limitations and standards shall apply to all uses permitted: - 12 - Final Draft November 3, 1982 r voc 44 FAcr 621 a. The height of any plant growth or structure or part of a structure such as chimneys, towers, antennas, power lines, etc., shall not exceed 35 feet. b. In approach zones beyond the clear zone areas, no meeting place designed to accommodate more than 25 persons for public or private purposes shall be permitted. C. All parking demand created by any use permitted by this section shall be accommodated on the subject premises entirely off-street. d. No use permitted by this section shall require the backing of traffic onto a public or private street or road right-of-way. e. No power lines shall be located in clear zones. f. No use shall be allowed which is likely to attract an unusual quantity of birds, particularly birds which normally fly at high altitudes. 4. Dimensional Standards. In an A District, the following dimensional standards shall apply: a. The minimum lot size shall be determined in accor- dance with the provisions of this section relative to setback requirements, off-street parking and loading requirements, lot coverage limitations or as deemed necessary by the Planning Director to maintain air, land and water resource quality, protect adjoining and area land uses and to insure resource carrying capacities are not exceeded. b. No non-residential use located adjacent to or across a street from an existing residential use or platted lot shall exceed 70 percent lot facilities and require off-street parking and loading areas. C. No residential use permitted by this section shall exceed 30 percent lot coverage by primary and accessory structures. d. The minimum setbacks between any structure and an arterial right-of-way shall be 100 feet. The minimum setback of a non-residential structure from a col- lector right-of-way shall be 50 feet, and from all local streets the minimum setback shall be 20 feet. e. The minimum setback between a non-residential struc- ture and a property line abutting a residential use 13 - Final Draft November 3, 1982 VOL 44 ?AGF C2 or lot, or for a residential structure and a property line abutting a non-residential use or lot, shall be 50 feet. f. The minimum lot frontage shall be 50 feet. g. The minimum side setback between any structure and a property line shall be three feet, and the minimum total of both side setbacks shall be 12 feet. h. The minimum rear setback between any structure and a rear property line shall be 25 feet. i. Utility Runway Visual Approach Zone. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline. j. Runway Larger than Utility with a Visability Minimum Greater than 3/4 Mile Non Precision Instrument Approach Zone. Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extend- ing to a horizontal distance of 10,000 feet along the extended runway centerline. k. Transitional Zones. Slopes seven (7) feet outward for each foot upward beginning at the side of and at the same elevation as the primary surface and ap- proach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits begin- ning at the sides of and at the same elevation as they approach surface, and extending to where they intersect the conical surface. 1. Horizontal zone. Established at 150 feet above the airport elevation. M. Concial Zone. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. (3) Site Plan Review (A) Approval Required. Any use in an RM District, C District, R District, I District, CP District, or A District shall be subject to Article 7 of this Ordinance. - 14 - Final Draft November 3, 1982 VOL 44 PAvt 92: (4) Owners Association (A) Owners Association Required. Every planned community shall have an owners association whose membership shall consist of every owner with the planned community. This requirement shall be evidenced by a recorded declaration of covenants and restrictions which run with the land. The Owners Association shall be a non-profit corporation or other entity as approved by the Planning Director. (5) Approval of a PC Zone. (A) Application. Application for approval of a Planned Community shall be made according to the terms of the County Procedures Ordinance. The Hearings Officer shall conduct the initial hearing. Any approval shall, how- ever, be automatically reviewed by the Planning Commission. (B) Minimum Size. A planned community shall be at least 640 acres in size consisting of a contiguous property. (C) Density. A planned community may have a density not to exceed 1.5 units per acre. (D) Standards for Approval. Any planned community shall be developed in accordance with existing subdivision ordinance of the County. (E) Additional Standards. The Hearings Officer and Planning Commissioner can adopt additional standards for the development of planned community which are consistent with Ordinance PL -20 and this ordinance. (6) Amendment of a Development Plan 1. Application. Application for an amendment to an approved development plan within a PC Zone shall be made in accor- dance with the County Procedures Ordinance and Zoning Ordinance. The criteria shall be the same as for a change of zone. The Hearings Officer shall conduct the intitial hearing. Any approval shall, however, be auto- matically reviewed by the Planning Commision. 2. Plan Required. The applicant shall submit the following documents as a part of the application: 1. An original and 10 copies of the amended development plan. 2. A description of each proposed change and the reasons for each change. - 15 - Final Draft November 3, 1982 VOL 44 FacF- 624 3. A legal description of the area affected by the proposed change. 4. Additional information as may be required. 3. Standards for Approval. Any amended development plan shall be in conformance with this section, the existing subdivision ordinances of the County, and the concept of the planned community for which a change is being requested. Final Draft November 3, 1982 - 16 - 1 VOL 44 FA, 11 ' r i 11 E 6255 ,o pRp SMq 11982 E SUNRIVER MASTER PLAN 'Esc;; ES CO VTfRSpN A. RS - Single Family Residential Y CIFRK RS -(1): Contains 2.83 acres. This area is in Forest Park and lies between Ponderosa Road and the railroad tracks. Maximum lots intended for this area would be 8, or 2.83 units per acre, which is consistent with the average density in Forest Park I and II. RS -(2): This property should be designated as CP, Community Property. RS -(3): Contains 12.8 acres. This area was designated as a school site on previous master plans. Because of the traffic impact on the internal road system and noise around nearby residents, it was felt that the Business Park would be a more suitable area for a future school. Low density housing was requested as a substitute. The actual number of dwellings would not exceed 10 units or 0.8 units per acres. Lots would have building envelopes to protect view corridors from exist- ing lots in Overlook Park, and height restrictions would be placed on proposed structures so as not to impede views to Mt. Bachelor. RS -(4): = 10.6 acres. (5): = 38.5 acres. (7): = 297 acres. RS -(8): Contains 9.7 acres. This area was designated as a school site on previous master plans. Because of the traffic impacts on the internal roady system, and noise around nearby residents, the school site has been moved to the Business Park on Century Drive. There are 22 lots proposed in this loca- tion. These have been preliminarly platted as part of Deer Park Subdivision. For a total of 356 acres, more or less. Maximum units to be placed on these areas in total would be 711 or a density of 2 units per acre overall. These areas will be phased in several plats. Some individual plats may exceed 2 UPA, but lower densities on other plats will balance out the higher densities. B. RM - Multi -Family Residential RM -(1): Contains 12.0 acres, approximately 5.8 acres of which is buildable. The density shall not exceed 36 units or 3 units per acre overall, or 6.2 units per acre on the buildable area. An overhead power transmission line runs north and south through the property, plus the site is rather narrow. Because of all this, - 17 - Final Draft November 3, 1982 Exh ' ` " �� VOL 44 DACE 6219 all buildings would be confined to the north end of the proprty. A 10 foot right-of-way will be maintained for a power line easement. 1. The 50 feet along the Abbot Drive right-of-way and the Century Drive right-of-way shall be dedicated as common property. 2. No access shall be allowed from either Abbot Drive or Century Drive. 3. The County site plan review and approval process shall insure that any development will have a minimum visual impact upon the surrounding area. If the development is within 50 feet of the common area, a greater amount of screening will be required. The height and color of structures are also important considerations. RM -(3) = 6.6 acres. (4) = 5.4 acres. (5) = 12.5 acres. (6) = 6.4 acres. (7) = 12.7 acres. RM -(8) = 3.05 acres. (9) = 4.7 acres. (10) = 4.1 acres. For a total of 55.4 acres, more or less. Densities assigned to these areas will be 8 units per acre maximum on any one site. RM -(11): Contains 12.9 acres. Density would not exceed 6 UPA or 77 units for the entire site. The north portion of the site is vacant with no existing improvements. The south por- tion would encompass the northerly and westerly portions of the present corporation yard. Thorough engineering studies will be made prior to platting to determine if sewer line sizes and pump stations are adequate to handle the anticipated flows. RM -(12): Contains 4 acres and is located along the south boundary of the business park. This area is to be for apartment houses and is to take the place of the Abbot House apartments which had been adjacent to the Country Mall. The density of this area shall not exceed that of the density allowed in the "RM" District of the "PC" zone. This area is designated for apartment dwellings for employees of Sunriver. C. C - Commercial C-(1): Contains 3.7 acres. Presently this site has the following improvements: Final Draft November 3, 1982 21BR:W vol, 44 27 (1) Administration Building, containing: (a) Sunriver Corporate Offices; (b) Emergency Services Center; (c) Corporate Accounting Offices; (d) Pottery Shop. (2) Nature Center. When the developer leaves the project and no longer has a need for the buildings, they will be sold with the stipulation that the commercial uses be confined to the following: (a) Art gallery with art supplies; (b) Offices, business or professional, not including retail sales of goods. C-(2): Contains 2.48 acres. This site will be platted as Tract A in Deer Park. It appears on the 1978 master plan map as a commercial site. Commercial uses will be limited to the following: (a) Grocery store - convenience center; (b) Service station C-(3): Contains 3.1 acres and is located at the north end of the mall site between Abbot, Beaver and Theater Drives. This property was sold to the Sunriver Commuinity Church with the understanding that the site be used for a church. C-(4): Contains 30.66 acres of which approximately 6 acres are currently developed for retail commercial uses. Uses allowed in this area shall be any use permitted in the "C" Commercial section of the Planned Community District subject to site plan review. Uses allowed as conditional uses in this area shall only be approved upon additional findings by the hearings body that; 1. The use will not conflict with commercial uses permitted outright or existing in the area. 2. The characteristics of the use will relate harmoniously to the surrounding environment and the existing buildings. 3. The use will have adequate parking and access which does not conflict with other uses in the area. - 19 - Final Draft November 3, 1982 ' va 44 Fur628 4. In the case of residential dwellings, the development will provide a share of aesthetic and recreational amentities comparable to other multi -family development in Sunriver. 5. That the density of residential units does not exceed 8 units per gross acre or the density of other "RM" multi- family residential areas within Sunriver. 6. The use will not cause the overall density of Sunriver to exceed 1.5 dwelling units per acre. D. R - Resort R-(1): Contains 34.2 acres. Presently located on the pro- perty are (1) the Sunriver Marina Operation, which has boat launching facilities, canoe rental and a small amount of retail commercial consisting of fishing tackle and packaged snacks; (2) Trout House Restaurant; (3) stock pasture. No new uses shall be allowed; however, the existing marina and res- taurant may be expanded. R-(2): Contains 8.16 acres. This property has no improve- ments on it at the present time. It is partially covered with 20-30' high lodgepole pine. The site is in a very sensitive location, as it is bordered on the east by Lake Aspen and the north by marsh area. Because the site protrudes into the meadow, any structures would be quite visible. Any structures would be confined to the treed area with height not to exceed tree height. Use for the property would be a Nature Center with appropriate bird -watching areas. Proposed structures and site plans would be presented to the Design Committee for its approval. R-(3): Contains 5.58 acres. Present improvements include: (1) tennis courts; (2) observatory. If necessary, some additional tennis courts could be constructed on this parcel. R-(4): Contains 13.28 acres. This site is referred to as the north core area. Present improvements include: (1) a golf pro shop and snack bar; (2) golf cart storage building; (3) 4 tennis courts; (4) associated parking; (5) branch sales office in the pro shop; and (6) swimming pool and bath house which will be constructed during 1982. Future development planned, but not committed to, includes the following: (a) Expansion of the pro shop building to include restaurant and cocktail lounge; (b) Tennis courts; (c) Bike rental facility; - 20 - Final Draft November 3, 1982 vol" 44 FACE 629 (d) Playground. R-(5): Contains 6.6 acres, more or less. This area contains the buildings comprising the present corporation yard. The following activities are conducted on the site: (a) Sunriver Automotive Services, a commercial vehicle repair and rental shop, existing primarily to service Sunriver and maintenance fund vehicles. (b) Sunriver Utilities Company offices, shop and warehouse; (c) Sunriver Maintenance office and shop; (d) Lease space containing two engineering firms, landscaping and carpentry shop, which are temporary uses to support remaining development. (e) Construction firm office and equipment storage, which is a temporary use to support remaining development. (f) South golf course maintenance area; (g) Warehouse and storage. These activities exist in this location basically to support the development of the property in addition to maintenance of the common property and roads. It is proposed to extend this use through the rest of the development stages of Sunriver. The use then would continue to support the resort, other developer -owned prcperty and maintenance fund operations. R-(6): This area consists of 28.4 acres and includes the present lodge, great hall, pool, parking, tennis courts 1 through 4, playground, various associated commons, the old skating rink building and the property surrounding it. Much of this area contains dedicated commons. Inclusion is for clarification only. Such inclusion does not affect the status of these commons. No retail sales shall be allowed except those associated with recreational facilities operated within Sunriver. Any uses which are permitted as conditional uses in the Resort section of the "PC" zone shall only be approved upon additional findings by the hearings body that: 1. The use will not conflict with the recreational character of the area. 2. The use will not have an adverse impact upon the surrounding residential uses. 3. The use will have adequate parking and access which does not conflict with other uses in the area. - 21 - Final Draft November 3, 1982 PAe� X31 VOL 4 4. If the use is permitted outright in another zone, that there is substantial reason for locating the use in this location as opposed to an area where the use is permitted outright. R-(7): This area is located in Tennis Village. The use shall be restricted to a racquetball/tennis club with related facilities. R-(8): This area includes all of the existing golf course areas. These areas shall be limited to golf course uses only. R-(9): Contains 61.16 acres. This area is along the Deschutes River and includes the existing equestrian facili- ties. The use shall be restricted to equestrian facilities and open space. E. I - Industrial Contains 38.8 acres. Commercial uses which are incompatible for the existing commercial area would be allowed in the Business Park only after a conditional use permit is approved. The area east of the Business Park would be reserved for industrial uses only. F. CP - Community Property CP -(1) = 14.2 acres. (2) = 9.2 acres. (3) = 1.0 acres. These sites are presently owned by Sunriver and will be dedi- cated as common areas in the future. No development on these sites is planned. CP -(4): Contains 3.6 acres. This area was platted as Tract G of Fairway Crest Village V. It is designatd as a special use area for a community center. CP -(5): Contains 3.35 acres. This site was designated on the preliminary plat of Deer Park and the 1978 master plan map as a recreation site. The developer will construct 2 tennis courts on the site, with the stipulation that the use of the courts be for Sunriver owners and their guests. CP -(6): Contains 2.9 acres, more or less. This area is presently undeveloped. It lies northeast of the present corporation yard and west of Abbot Drive. The present owners' storage facility is to be moved to this site. Sunriver will fence, cinder and provide power to the site, at which time it will be turned over to the owners for their management and use. - 22 - Final Draft November 3, 1982 VOIL 44 PAG, CC 631 CP -(7): Contains 6.4 acres, more or less. The site lies at the northeast corner of Sunriver adjacent to the Burlington Northern railroad and Midstate Electric substation. It is presently cleared and used for rock and direct processing and burning in connection with road and utilities construction. The proposed use, after development is completed, is for a second owners' storage facility. CP -(8): Conatins 61.5 acres. This area is a sensitive unde- veloped area along the Deschutes River south of the Sunriver Marina operation. It shall remain as open space and pasture for the equestrian facilities. CP -(9): Contains 11.7 acres. This area is located on the southeast intersection of Sunriver Road (the north entrance road) and East Cascade Road. This area was originally desig- nated as a lake on the Phase II Master Plan. It appears that there may be problems creating a lake at the location due to physical development problems. However, the area will remain as some form of open space and should be considered to provide an adequate school site to compensate for the loss of the former school site in Deer Park Subdivison. CP -(10): This is the location of the present fire station and shall be used for fire and emergency services only. L. A - Airport The airport designation shall be limited to the following: 1. The airport runway shall be allowed to expand to the north a maximum of 1000 feet. The additional runway shall be a displaced threshold, which is designed and developed only to be used for a take -off area and is not to be used for landings. 2. At the time the runway is expanded a visual approach slope indicator (VAST) shall be installed. 3. The existing terminal building will be allowed to expand as well as additional hangers provided. Such expansion shall require a conditional use permit as well as site plan approval. 4. An increase in the airplane tie -down area shall require a conditional use permit as well as site plan approval. 5. Facilities for minor repairs or maintenance of airplanes shall be allowed if performed totally within the hanger facilities. 6. The Sunriver airport was designed as a private aircraft with some public use; therefore, activities such as flying schools, parachuting, commercial gliding or ballooning Final Draft November 3, 1982 - 23 - VO IL 44 PACE 632 shall be allowed only on special occasions after approval by the management of Sunriver. VII. FACILITIES PLAN A. Common Areas A considerable amount of area within Sunriver is classi- fied as common area. The land either has been or will be dedicated, on various subdivision plats or through special dedications, to the property owners. The Plans of Sun - river define what uses this property can be put to. The primary use is as open space to be preserved in a natural condition. As density increases, more use pressure will be placed on this ground, and the question arises as to how to protect the natural eco -system thereon. The most damage now is being cause by bike and motor vehicle traffic. Dirt bicycles seem to be the largest offenders, as they can easily travel over the soft terrain. Physical barricades such as rocks and logs do not seem to be much of a deterrent. In many areas, the bicyclists simply find another route. Other areas are short-cuts between bike paths and roads. Solutions to help alleviate this particular problem include: a) Continue to place physical barricades in areas where practical. b) Gravel obvious routes and short-cuts to keep people on prescribed routes. c) Biker education. d) Closer supervision and enforcement of off -bike -path rules. e) Restrict use of dirt bikes on property. Motor vehicle pressure comes mainly from parking on common areas. A minimum of 2 off-street parking spaces are re- quired at each residence. Often more than 2 vehicles are present at a residence and hence the cars park alongside the road or pull into the common in the center of the court. Physical barricades such as rocks are placed which work in some cases. Other solutions include: a) Require a minimum of 3 parking spaces unless owner - occupied. b) Cinder overflow parking in cul-de-sacs. - 24 - Final Draft November 3, 1982 vul` 44 Pms fiti c) Provide wider cindered shoulders. d) Require overflow parking to go to a common lot. B. Recreation Amentities Tennis At this time, there are 18 tennis courts on property constructed by the developer. 8 of those courts are on dedicatd common ground and are owner -controlled. 10 courts are still owned by Sunriver. -There is free use by owners on all 18 courts. Guests pay for the use of the courts and can be scheduled into any one of the 18 courts. Reservations by owners and guests are required during the peak season. Maintenance costs are borne by the respective owners. In addition to the above, the following are built or planned: a) Racquet Club: 3 indoor courts built. b) Quelah: 2 outdoor courts built; 3 planned. c) Black Bear: 2 courts planned. d) Vacation Internationale: 1 court planned. e) RM -4: 1 court planned. All of these facilities are for the use of owners and guests of the respective developments. Sunriver will construct 11 more courts before the end of the project, 2 to be located in Tract B of Deer Park and 2 in the island area of the back 9 of the north golf course. The remainder would be constructed at the north golf course core area or some additional on parcel RC -(3), depending upon space availability. Final disposition of these courts would be for Sunriver to retain ownership of 7 courts and dedicate the 2 in Deer Park and the 2 in the island area to common. Use structure would remain as is, with owners receiving free use and guests paying on courts dedicated on common, courts owned by the developer. Pools Sunriver presently has one main pool which has been dedicated to common. The Ranch Cabin condominimums also have a pool for their use. Sunriver Racquet Club has a Final Draft November 3, 1982 - 25 - VOL 44 FALL 634 small lap pool. Wildflower built a small pool for use by their development, but it is not being used at this time. Sunriver will have a 25 -meter pool and a wading pool constructed during 1982 in the north pro shop area. This pool is anticipated for use by guests and owners for a fee. Quelah has 2 pools planned, Black Bear plans 1, and The Pines plan 1. These pools are for the use of guests and owners of those developments. Sunriver intends to retain ownership of the pool at the north pro shop area. Golf Courses There are two 18 -hole courses constructed at Sunriver. -Each course has a driving range and pro shop. Both courses are public. Owners are allowed to buy a season pass, which entitles them to unlimited use while the courses are open. Tee times are required by both guests and owners. The foregoing policy will remain in effect. There is no intention of -,turning either golf course over to the owners. The attached report by Bob Yoxall indicates what the projected impact upon the planned recreational amentities would be when Sunriver is fully developed. C. Sewer and Water Sunriver has over the years retained engineering firms to monitor the sewer and water systems at Sunriver to ensure that capacities are adequate for current and future development. A master sewer and water plan was done in 1979, a copy of which is attached. Phased expansions of both sewer and water plants are laid out in the master plan. Sewer trucks and water mains are sized to handle anticipated sewer flows and water demands. During 1981, an expansion of the flow equalization facil- ities was completed at the waste treatment plant. An expansion of the treatment facilities will be completed during 1982/83 period to increase capacity from the cur- rent 400,000 gallon per day to 700,000 gallon per day. Based upon average build out, these improvements will provide sufficient waste treatment capacity through the 1980's. The treatment plant is monitored by the State Department of Environmental Quality. They monitor not only the quality of water discharged, but also the quantity. When the quantity approaches the capacity of the plant, the facilities have to be expanded to meet the flows. - 26 - Final Draft November 3, 1982 VOL 44 FAGS 635 The Department of Health monitors the water system to make sure water quality is maintained, as well as adequate supplies. An adequate supply has to be maintained to serve all lots platted, both domestic flows and fire flows. All sewer collection plans and specifications are sub- mitted to DEQ prior to construction and all water dis- tribution plans are supplied to the Department of Health. Metering of the entire water system has been nearly com- pleted. As soon as consumption has been studied, a rate based upon usage will be submitted to the Public Utilities Commission for approval, versus the present flat rate. As a result: 1) Consumption should go down because people will pay for what they use; and 2) An accurate determination as to how much water is being used can be made. This will be beneficial in projecting future needs. D. Roads The roadway system within Sunriver is comprised of private roads and ways which are dedicated to common for the use and benefit of owners and guests. Maintenance of the road system is provided for under the Plan of Sunriver and the Plan of Sunriver Phase II maintenance funds. Each unit within the community pays for a proportionate share of these costs through a portion of their monthly assessments. The primary roadway system within Sunriver is two-way with one travel lane in each direction. The surfaced portion of these roadways are generally 22 feet in width, with cinder shoulders of one to two feet. With minor excep- tions, construction is oil -mat. Construction of remaining roadways will meet the following standards: Primary Right-of-way 60 feet Surfaced width 22 feet Construction Modified 0 - 9 oil mat (2 spreads of 3/4" - 1/2 ") - 27 - Final Draft November 3, 1982 - 3 ;. 11, w, ♦16 It 0 VOL 4 FAc, 636 Private Ways Right-of-way 35 feet Surfaced width 20 feet Constrcution 0 - 9 oil mat A study of the roadway system was conducted by Carl H. Buttke, a consulting transportation engineer. Based upon his findings, both the existing and future primary road systems have adequate capacity to meet the traffic re- quirements at the time that Sunriver is fully developed. Certain modifications to specific areas in the study are: 1. The Abbot Drive two-way approach to Century Drive was widened to 24 feet when repaved late in 1981. The stop sign arrangement will not be followed, since the majority of traffic enters west bound and stopping traffic flow would create a greater hazard through back-up on a down slope. A left turn lane on Century Drive is appropriate. 2. A separate connection between Abbot Drive and the Country Mall to separate traffic movements is appro- priate. Sunriver will budget this improvement for construction during 1983. Sunriver will not create left turn lanes on Abbot Drive, as the company feels segregating traffic flows will greatly reduce left turn congestion. 3 and 19. Information centers and roadway maps will be con- sidered, with no committment regarding installation. 4 and 5. Mall Drive is located on private property which requires action by the Mall owners. 6. Guard rails on Theatre Drive will not be installed. Low speed limits plus no accident history makes such action unnecessary at this time. 7 and 8. Traffic control proposed for Abbot Circles 1 and 2 will be instituted in the spring of 1982. 9 thru 16. Traffic flow will be monitored in areas recommended and instituted as required. Most are noted as long term items and will not require action for several years. 17. The second access to Highway 97 will be constructed during 1983. Sunriver will construct an overpass at the railroad crossing and work with the State Highway Department to create a safe intersection at Highway 97. Final Draft November 3, 1982 - 28 - vol, 44 FACE 6*37 18. It does not appear that an emergency access from Meadow Road to Century Drive is desirable, as it would gradually evolve to an unauthorized entry for bicycles and other traffic. An item not mentioned in the study is the upgrading of Cardinal Landing and the bridge. Cardinal Landing is cur- rently surfaced to a 22 foot width so no further improve- ment is required. The eastern one-third of the bridge was deeded to the Phase II Owners' Association and the western two-thirds to the U. S. Forest Service prior to the adop- tion of the Deschutes County resolution providing for im- provement. Approval of the owners would be required prior to construction activity. Since it is highly unlikely that Sunriver will be able to convince the Forest Service to create an all-weather road from the bridge to Road 1808, the bridge improvement should be reconsidered to determine whether it is in the best interests of the homeowners to consider this a major access. Costs of maintaining, plow- ing and security considerations will be substantial. How- ever, this is the only western access to Sunriver and is important for emergency evacuation during the fire season. Therefore, it will be maintained in a usable condition during fire season. Sunriver recognizes that this improve- ment was a condition of approval of the Phase II master plan and will fulfill the committment if it will serve a useful purpose in the future. E. Bike Paths The bikeway system in Sunriver is provided for recreational biking and as a transportation system alternative to auto- motive travel. With minor exception, paths are located on dedicated common areas. Maintenance is provided for under the Plan of Sunriver and Plan of Sunriver Phase II mainten- ance funds. Recently constructed bikeways are 8 feet in width. The remaining paths, all to be located in Phase II, are not yet designed or located. However, the system will, at a mini- mum, meet the recommended pattern established by Mr. Buttke. These ways will also be 8 feet wide. Mr. Buttke's study recommended several modifications to the system. the majority of items are day to day operational modifications which will be considered in the annual oper- ating budget as funds are available. Those items requiring construction are addressed as follows: - 29 - Final Draft November 3, 1982 x VOL 44 FACE 638 1. Separate bikeways from the pavilion to Meadow Road will not be constructed by the developer. Signage recommen- dations will be considered and accomplished as we see fit. 2. Will be considered for correction by the developer during 1983. 8. Reconstruction of the bikeway between Abbot Drive and Mall Drive will be accomplished as necessary when the new entrance to the Mall area is constructed. 9. The proposed bikeway from Fairway Island will not be constructed. This would require passage through the golf course, which presents potential damage to tees and greens, as well as a hazard from golf balls. 10. Addressed earlier. 14. Underpass control or warning systems will be provided by the developer. Some currently existing bikeways cross property owned by the developer. At the time of turnover to the Owner's Association, rights-of-way or easements will be provided. F. Firehall Location The developer will provide a location for a second firehall. In the event two independent buildings are desired, a location near the North Golf Course Maintenance area will be provided. Should a centralized firehall be considered more feasible, a location within P(6) or RC(5) will be made available. - 30 - Final Draft November 3, 1982 r 4 V0� 4PAGE ��, 1, FINDINGS OF FACT Pf ®V 151982 RZSN A. Background Information: �`�SCHUrES'COUvTPRSON 1. Nature of Application: The County, on its own CIFRIC motion, agreed to initiate and consider an amendment to Ordinance PL -15 to establish a Planned Community Zone and to review and approve a Revised Sunriver Master Plan submitted in accordance with the Planned Community Zoning Ordinance. The establishment of a planned community ordiance is a legislative amendment, and was referred to the Planning Commission for consideration and recommendation. Because of multiple ownership, application for approval of the Revised Sunriver Master Plan had to be initiated by the County. This is also a legislative action, and was referred to the Planning Commission for consideration and recommendation. 2. Location: The community of Sunriver is located 15 miles south of Bend, Oregon, portions of which are located in Sections 20, 28, 29, 30 31, 32, and 33, Township 19 South, Range 11 East of the Willamette Meridian, Deschutes County, Oregon. The total area known as Sunriver consists of 3,373 acres. 3. Comprehensive Plan Designation: Deschute County Year 2000, Comprehensive Plan Map identifies Sunriver as a "Planned Community". A Planned Community is defined as: "A fully self-contained complex of residential, commercial, and industrial areas, transportation, facilities, utilities, public facilities, and recreation areas." The Planned Community Zoning Ordinance and Master Plan will implement these provisions by providing recognition and certainty in the development of Sunriver as a Planned Community. V1 44 WE 4f 2 4. Zone: The area known as Sunriver is zoned RR -10 (Rural Residential) under Ordinance PL -15. (There was no provision for a "Planned Community Zone" in Ordinance PL -15). 5. History: Development of Sunriver began in 1967, and the first subdivision plat within Sunriver was filed in 1968. This subdivision was made subject to the Plan of Sunriver which was recorded June 20, 1966, in Volume 159, Page 198, Deed Records. This development occurred during a period of time when the unincorporated areas of Deschutes County were not zoned. A comprehensive plan and zoning ordinance were adopted in Deschutes County in 1972. Ordinance PL -1S and year 1990 Comprehensive Plan. Sunriver was identified as a "planned development" by the comprehensive plan. Originally zoned A -1-T, Sunriver applied for and received a zone change to PD in 1973. As part of the application, Sunriver presented to the County a "Master Plan" which consisted of a map showing the proposed development of Sunriver. The original area of Sunriver encompassed approximately 5,500 acres. Development occurred in accordance with the PD zone of ordinance PL -5, and density was determined to be 1.5 units per acre overall. See transcript of testimony of Lorin Morgan, former Deschutes County Planning Director, at Planning Commission meeting held September 27, 1978. In 1977, approximately 2,200 acres of property originally contemplated for development as part of Sunriver were sold to the United States Forest Service (USFS). This sale was consummated only after extensive public hearings. Following the USFS sale, Sunriver had a "Revised Master Plan for Sunriver Phase II" prepared for the undeveloped portion of VOL44 FAGf 4 3 Sunriver, and submitted the same to the County for approval in accordance with the PD Zone, Ordiance PL-5. By resolution dated October 18, 1978, the County approved the Sunriver Phase II Revised Master Plan. Beginning in 1979, the County started work on revising its comprehensive plan, zoning ordinance, and subdivision/partition ordinance to bring them in compliance with the Statewide Planning Goals. During this process Sunriver Properties, Inc. was assured in writing that the County would continue to honor the Sunriver Master Plan for all future development. See letter dated May 1, 1980, from County addressed to Charles P. Hansen. Following a controversy over an application fried by Wally and Helen White, File No. CU-80-168, the viability of the Sunriver Master Plan was called into question. This was compounded by the fact that no provision was made in Ordinance PL-15 for "planned communities". At this point, Sunriver Properties Oregon, Ltd., the developer of Sunriver, agreed to develop a Planned Community (PC) Zoning Ordinance and an overall Master Plan for Sunriver provided the County would initiate a review of the same on its own motion. 6. Preparation of PL Zoning Ordinance and Master Plan: After preparation of a proposed PC Zoning Ordinance and Sunriver Master Plan - 1982, each owner of record within Sunriver was notified in writing by letter dated June 30, 1981, of the intention to request adoption of the PC Ordinance and Master Plan, given copies of proposed ordinance and master plat., and advised of three public hearings to be held for community input. VOL 44 FACE 642 4 A committee was also appointed by the Board of Directors of the Phase I and Phase II Owners Associations to meet with the developer to d-scuss the community input following each public hearing. (Sunriver Land Use Committee). Three public hearings were held at Sunriver on July 11, 1981, July 25, 1981, and August 8, 1981. Several meetings with the Sunriver Land Use Committee and developer were held. See transcripts of hearings and meetings. Additional information was requested and submitted including a Report on Evaluation of Roadways and Bikeways, Sunriver, Oregon, prepared by Carl H. Buttke, Inc., a Sanitary Sewerage Facilities and Water Supply System Master Plan prepared by DMJMjHilton, Consulting Engineers, and an analysis of recreation at Sunriver prepared by Robert Yozall, Inc. The developer submitted to the County on January 25, 1982, a proposed Planned Community Zoning Ordinance, Sunriver Master Plan Data - Revised 1982, a Land Use Map, the supporting documentation referenced above, and minutes of public hearings and meetings of the Sunriver Land Use Committee and developer. 7. Public Hearings: The Deschutes County Planning Department prepared a staff report dated March 4, 1982, and the Planning Commission held its initial public hearing at Sunriver on March 10, 1982. A subsequent hearing was held on April 28, 1982, and a workshop conducted on May 12, 1982. After the Planning Commission submitted its recommendations to the Board of Commissioners, the Board held a public hearing on August 25, 1982, and allowed written testimony to be submitted until 4:00 p.m., September 3, 1982. f * AA VOL q44 .. . 5 B. Planned community Zone: 1. Planned communities can be a viable form of land use and development in the County. 2. Sunriver is a planned community as defined in the Comprehensive Plan, Ordinance P1-20. 3. In a planned community zone, it is necessary to have enumerated zoning districts defining permitted and conditional uses within each district to clarify the future uses to be allowed. 4. The following districts shall be permitted within a PC Zone: (a) Single family residential - RS (b) Multiple family residential - RM (c) Commercial - C (d) Resort - R (e) Industrial -I (f) Community Property - CP (g) Airport - A S. A planned community shall be approved only after review and acceptance of a Master Plan. The Board finds that the standards for approval of a development plan and a PC Zone designation shall be the same as for a change of zone together with such other standards as may be adopted from time to time because such changes have an effect similar to a zone change with regard to land use. 6. To allow enough area to fulfill the elements required to meet the definition of a Planned Community as defined by the Comprehensive Plan, a planned community shall be at least 640 acres in size consisting of contiguous property. voL 446PAGEG 44 7. To ensure adequate open space and out of door amenities, a planned community may have an overall density not to exceed 1.5 unitz per acre to insure adequate room for amenities and open space. S. Any proposed amendment to an approved development plan or master plan for a planned community shall be reviewed and approved in accordance with the same standards as for a change of zone. 9. A planned community shall have such covenants, conditions, and restrictions of record as will assure the conditioned operation and maintenance of roadways, utilities, common properties, recreational amenities and other facilities which are part of the community. This shall include an owner's association whose existence shall be perpetual. 10. Setbacks: After reviewing the proposed rear yard setback standards in the RS District, it was determined that the rear yard setback should be reduced by a minimum of five feet, provided, however, that there is common area abutting the rear yard. Furthermore, the setback can be reduced six inches for each foot of common property exceeding ten feet. This would change from the original proposal of reducing it by one foot for each foot of common property. This was based upon discussions with the planning staff regarding the ability to administer setbacks without field checking the site prior to issuing permits. 11. Bus Station: The commercial district had provided as an outright permitted use a bus passenger station in the C District. The Sunriver Homeowners Association recommended that a w} 'J�l AC- L1 5 7 bus passenger station be permitted only as a conditional use in the C District. Because of the potential impact that a bus station might have on a C District based upon increased traffic, noise, and related parking problems, it was determined that the bus passenger station use be permitted only as a conditional use in a C Commercial District. Paragraph C.1.(vv) is to be amended accordingly. 12. A Multiple Family Living Unit in C District: The Northshore Development Corporation has purchased a one-half interest in the Sunriver Country Mall which is designated as a C District under the Sunriver Master Plan. It requested that multiple family units be included as a conditional use within the C District. Based upon the documents received from North Shore Development Corporation, the Board finds that residential living units within the C District could be consistent with the commercial district, provided, however, that they be specified in the master plan of a commercial area before it be considered as a conditional use. Furthermore, any multiple family units should be developed consistent with the standards of the RM District in the planned community zone. 13. Resort District: There was a controversy between the Sunriver Owner's Association and the potential purchasers of the old skating rink property which is to be included within the R District in the Sunriver Master Plan. The Owner's Association took the position that no offices should be permitted in the R District except property sales offices operated by the Developer and retail sales commonly associated with recreational facilities. Much of the imput from the Homeowners and the Mall Association was against VC 44 Pac- X46 8 allowing commercial uses in the R District. The Board finds that retail sales associated with outright permitted uses in the R District sroul:-': be a conditional use. This is to insure compatibility with surrounding uses and to limit commercial uses to the C District unless they are consistent with the purposes of the R District. Levi Hermann did request that school facilities be a conditional use in an R District. The Developer did not object to this proposed use for the skating rink property and there does not appear to be a serious conflict with allowing schools in the R zone after reviewing their potential impact on an individual basis. Therefore, the Board finds that the schools could be an appropriate conditional use in the R District. All conditional uses must be consistent with the master plan of the Development as well as meeting the other criteria appropriate for conditional uses. 14. Building Heights: The proposed ordinance did not allow buildings in excess of 30 feet in height in a resort district. However, there are several buildings already located in Sunriver that are over 30 feet in height, for instance, the Sunriver Lodge. The Board finds it to be appropriate to review future requests for buildings in excess of 30 feet as a conditional use rather than as a variance. Therefore, buildings over 30 feet in height will be a conditional use in a resort district in all Planned Community zones. 15. Amendment of a Development Plan: Paul Speck, a representative of Stan Ochs, contends that a development plan amendment should be a comprehensive plan change rather than a zone change. The comprehensive plan designation for Sunriver is "planned f VOL 44 FACE 647 9 community". It would not be appropriate to require an amendment to a development plan for Sunriver to be a comprehensive plan change. Rather, it should be in the nature of a zone change. Therefore, the board finds that the appropriate criteria for considering an amendment of development plan would be criteria for a zone change rather than criteria for a comprehensive plan change. C. Sunriver Master Plan: 1. Sunriver is an existing planned community consisting of approximately 3,373 acres in southern Deschutes County. 2. The development consists of four legally distinct areas. A portion of the property, Sunriver Phase I, has been made subject to the Plan of Sunriver recorded June 20, 1968, in Volume 159, Page 198, Deed Records. A portion of the property has been made subject to Plan of Sunriver Phase I I . The area known as the Business Park I is located southerly of South Century Drive and is subject to The Declaration of Business Park I. The property adjacent to Business Park I and identified as I(1) will be made subject to a declaration similar to Business Park I. These areas are not legally a part of either Sunriver Phase I or Phase II. The last area is what has been called "developer's areas", and generally include the Sunriver Lodge, maintained areas, 2 18 -hole golf courses and some recreational areas used in the resort operation. These areas are collectively known as Sunriver. 3. The Sunriver Master Plan consists of the following: (a) Sunriver Master Plan Data - Revised 1982 VOL 44 r"AGE 648 10 (b) Recreation at Sunriver, Oregon, prepared by Robert E. Yoxall, Inc. c) Sanitary Sewerage Facilities and Water Supply System Master Plan prepared by DMJM; Hilton. (d) Report on Evaluation of Roadways and Bikeways, prepared by Carl H. Buttke, Inc. (e) Sunriver Land Use District Map. 4. Every single family residential area which has received final plat approval in Sunriver has been disignated RS. S. Every multiple family, condominium or townhouse area which has received site plan approval or final plat approval in Sunriver has been designated RM. 6. Dedicated common areas, utility company property and other Developer owned properties in Sunriver (excluding common areas within recorded subdivision plats) have been designated CP. 7. The 2 18 -hole golf courses are designated R, and restricted to use as golf courses. 8. The Sunriver County Mall area is designated C. 9. The Sunriver Airport is designated A. 10. Approval of the Sunriver Master Plan is not intended to effect existing uses except as may be specifically identified in the Sunriver Master Plan Data - Revised 1982. 11. All other currently undeveloped areas within Sunriver have received a district designation and a number. The uses permitted for these areas are specifically identified in the Master Plan. t � VOL 44 PACE64P 11 12. RS 1 : This area contains 2.3 acres and is located in Forest Park. The Developer had originally designated the area as RM and requested a density of 16 units. As a result of public hearings held in Sunriver, the Developer amended its request and redesignated the property RS with eight lots or 2.83 units per acre. This density is consistent with the average density of Forest Park I and II. The area is commonly known as Ridgetop. A project by that name had been denied by the board of commissioners in 1978, for 16 multiple family units. The Board finds that the original Sunriver map designated the area as "possible multiple family unit area" or "reserved for future development". The area can be developed through the subdivision process. The grounds for denial of the project in 1978 were related to the proposed density of 16 units. The decision was not based on any alleged representation of Developer that the area was to be common property. The Board finds that there is no evidence in the record which shows that this area was previously designated as Common Property. 13. RS(3) and RS(6): The Sunriver Master Plan originally presented to the owners contained an area designated as RS(6) which was on the southeast corner of Sunriver Road and East Cascade Road. This area had been originaly designated as a lake on the 1978 Sunriver phase II Master Plan. It was later determined that a lake was not practical on this location because of drainage patterns in the area. The Sunriver Owners' Association and Developer agreed that RS(6) should be designated as CP. The original school site as shown on the Sunriver Phase II Master Plan would be deleted and that area would become part of RS (8) . The Board t r va 44 PAL_ 650- 12 finds that the school site would not be appropriate at the former school site location (RS -7), because of the internal traffic which would be generated within Sunriver. The school site is more appropriate on Century Drive adjacent to the Business Park where it is more accessable to children from the entire surrounding area. The former school site, (RS -7) is suitable for residential development in character with the rest of the area, that the proposed school site would be suitable for residential development and further finds that RS(6) would be better designated as CP even though it may not be dedicated to common property by the Developer. (see finding #28) 14. RS(2): RS(2) was located adjacent to the Deschutes River and the marina. It contains 61.5 acres. The. Developer had originally requested 12 dwelling units or one unit per five acres. The Planning Commission and Sunriver owner's Association recommended that the area remain CP. The Developer has stated that if the total number of dwelling units recommended by the Planning Commission is not reduced for the total development, that the change from RS(2) to CP would be acceptable. The Board finds that RS(2) is best suited for community property based upon its location adjacent to the Deschutes River, its potential for flooding and its other development limitations cited by the Planning Staff in their reports. This will not be dedicated as common property by the Developer. (see finding #27) 15. RM(l) : RM(l) contains 12 acres and is located at the southerly entrance to Sunriver. There are approximately 5.8 acres of buildable area. The Developer has requested that density not exceed 36 units or three units per acre overall or 6.28 units per ■ L 44 PACE 6 51- 13 acre on the buildable area. The Developer has agreed to dedicate as common property 50 feet along Abbott Drive and 50 feet along the Century Drive right of way. There would be no access from either Abbott Drive or Century Drive. This area was shown as a possible multiple unit area on the original Plan of Sunriver map. The Board finds that this site would be suitable for multiple family development provided that the common property is dedicated, that no access be allowed from either Abbott Drive or Century Drive, and that any development be subject to site plan review and approval. Furthermore, it finds that if the development is to be within 50 feet of the common area and an incre-ased amount of screening would be required. 16. RM(11) : This site contains 12.9 acres and is located adjacent to the existing corporate maintenance yard and the Ouelah Development. The Developer originally requested a density of eight units per acre or 103 units overall As a result of public hearing, it amended its request and asked for density not to exceed six units per acre or 77 units for the entire site. The Planning Department and Planning Commission have recommended density of six units per acre. The record has indicated that the primary concern of adjoining landowners was the ability of the sewer line to handle the proposed development and lack of compatibility with surrounding single family units. The Board finds that this site would be suitable for multi -family residential development, because of its location between Ranch Cabins and Ouelah multi -family developments. Sinale family development in this area would conflict with the multi -family character of the area. However, the Developer shall t conduct engineering studies prior to platting to determine that sewer line sizing and pump stations are adequate to handle the anticipated flo.: of any new development. 17. C(1): This site contains 3.7 acres and is the current location of the administration building, the emergency services center, the pottery shop, and the nature center. The Board finds that this site is suitable for limited commercial development. When the Developer has left the project and no longer has a need for the buildings, the Board finds that the following commercial uses would be appropriate: (a) Art Gallery with. -art supplies; (b) Offices, business or professional, not including the retail sale of goods. 18. C(2): This is a commercial tract of land containing 2.4 acres proposed to be located at the north entrance to Sunriver. The Board finds that a limited amount of commercial uses would be appropriate, provided, however, that commercial uses be limited to a grocery store and convenience center and service station. 19. qL4) : This is the area of property commonly referred to as the Sunriver Country Mall and contains 30.66 acres of which approximately 6 acres have currently been developed for retail commercial uses. The Board finds that this area is suitable for a commercial district and for the uses allowed outright in the commercial district. The Board further finds, based upon the "Town Center Sunriver" document submitted by North Shore Development Corporation August 18, 1982, that, residential units within this area would be an appropriate conditional use provided that any va 4 a �Au x 15 density does not exceed eight units per gross acre consistent with other RM multiple family residential areas in Sunriver and, further provided, that no residential developments would be allowed which would affect the overall density of 1.5 building units per acre in Sunriver. 20. R(6): This area was not originally designated on the master plan that had been submitted by the Developer. The area contains the present lodge, great hall, pool, parking, tennis courts 1 through 4, playground areas, associated commons, the old skating rink, and the property surrounding the old skating rink. The area consists of approximately 28.4_. acres, much of which is dedicated common property. The Board finds that this area should be designated for clarification only, but that such inclusion does not effect the status of the designated common area or pre-existing uses. The Board finds that the concerns of the Homeowners Association as to the importance of limiting the impacts of uses in this area warrants special consideration therefore, specific conditional use criteria are included in the plan. No construction of dwellings should be permitted in this area. The Board does specifically find that the old skating rink would be an appropriate location for a school provided the application meets the criteria for a conditional use. 21. Golf Course: The Board finds that the golf courses should be designated as a resort district to clarify their status. 22. I District: The I District consists of the Business Park I and the area designated as I(1) on the Sunriver Master Plan adjacent to Business Park I. The adoption of this master plan is not vot 44 rAcE 654 16 intended to in any way effect existing development within Business Park I, including existing commercial development for which approvals have :._ireadv been granted. The Board further finds that, do to potential impacts and conflicts of commercial uses outside of the "C" commercial zones, only commercial uses within Business Park I which are consistent with the master plan of Sunriver and do not conflict with the use permitted outright within the I zone should be conditionally allowed in Business Park I. However, the area designated as I(1) shall be restricted to industrial development only. 23. RM(12): RM(12) is located adjacent to Business Park I and contains four acres. The Board finds that this area is suitable for apartment houses to take the place of the Abbott House Apartments which are adjacent to the Country Mall. This area would be appropriate for those persons who work in Sunriver and especially those persons that are employed as part of the resort operation. The Board finds that the density of development should not exceed that allowed in the RM District of the PC zone which is one unit per 2,000 square feet. 24. Airport: The Sunriver Airport is an existing airport and is to be designated as an A district. The Board does find that an additional 1,000 feet of runway to the north would add to the safety of the airport, provided, however, that the additional runway would be designed and developed only to be used as a take -off area and is not to be used as a landing which is known as a displaced threshold. At such time as the runway is expanded, the Board finds that a visual aid slope indicator should be installed to further VOL 44 w' 655 17 improve airport safety and this will be a condition to any permit to expand the airport. The Board does find that the existing terminal building may be allowed to expand as well as additional hangers provided. Such expansion will require a conditional use permit as well as site plan approval. The Board specifically finds that a weight limitation is not appropriate for the type of aircraft that commonly use Sunriver Airport. The lack of relationship between the noise and safety of aircraft and there weight supports this finding. However, the Board does find that the Sunriver Airport was designed as a private airstrip with only some incidental public use. Therefore, activities such as flying schools, parachuting, commercial gliding, or ballooning shall be allowed only on special occasions after approval by the management of the Sunriver Resort. The Board finds that facilities for minor repairs and maintenance of airplanes should be allowed but that they should be totally within the hanger facilities to minimize the potential impacts. 25. Cardinal Landing: The Board finds that it is not likely that the U. S. Forest Service will pave Road 1808 or improve the road from the Bridge to Road 1808 in the immediate future. Costs of maintaining, plowing and security considerations will be substantial and the Owners Association has agreed that improvements of Cardinal Landing would not be necessary, provided that there is a north access to Sunriver from Highway 97. Therefore, it is not necessary to consider improvement of the Cardinal Landing at this time. However, the road shall remain available for emergency exit during the fire season. va 44 FACE 656 18 26. Fire Hall Location: The Board finds that the Developer shall be required to find a location for a second fire hall. A fire h_.1l may be located either near the north course golf course maintenance area or at a location within CP(6) or R(S) depending upon whether there shall be two firehalls or a centralized fire hall. 27. CP -8: This area is a sensitive undeveloped area along the Deschutes River. The revised policy statement of the Sunriver Owners Association (SROA) of April 28, 1982, and comments submitted by SROA at the Planning Commission meeting of the same day cited objections to development in this area. The principle objections were obstruction of views, added traffic on the roads and the minimal benefit compared to the potential for major impact in the area. SROA stated that this area should be open space. The March 29, 1982, letter from Sunriver Horseowne-rs Association points out several development limitations to the site and cites the importance this area has to the equestrian uses within Sunriver. The Planning Commission on May 12, 1982, specifically discussed this area, its high water table and the high impact development would have there. It came to a concensus that this area should remain undeveloped. The planning staff in its staff report of March 4, 1982, cited numerous reasons, including the need for septic systems for development, the sensitive nature of the area and the unknown status of the flood plain in the area. The staff recommended that the area remain open space and recreation. There was no testimony which proposed any uses other than 12 single family i r vU`! 44 P�q 65"7 residences, open space, and pasture for this site, received by the close of the public hearing. Based upon the reasons cited by the Sunriver Owners Association, the Sunriver Homeowners Association, the County Planning Commission, and the planning staff, the Board finds that this area should be designated on the Master Plan for open space and pasture only. 28. CP -9: This area is located on the south east corner of Sunriver Road and East Cascade Road. This area was originally designated as a lake on the Phase II Master Plan. It appears that there may be development limitations which preclude building a lake at this location. The Sunriver Owners Association has stated throughout their testimony that this area should be for open space and recreation. They have stated that this area should be combined with CP -5. A school site was removed from Beaver Drive in the Deer Park area because of potential adverse impacts to residential neighborhood. This was an area of about 10 acres. The Board finds that there is an inadequate amount of property available for school sites. Because of its (CP -9) location on two major roads (Sunriver Road and East Cascade Road) and the limited amount of residential development in this area, the Board finds that CP -9 could be a suitable school site. The Board further finds that the site plan review process is adequate to insure compatibility of school with the area. C. Miscellaneous Matters: 1. Letter from Paul Sbeck Received August 26, 1982: Mr. Speck represents Stan Ochs, a resident and businessman in VOL 44 FAu� �JR 20 Sunriver. He identified a number of areas which, in his opinion, were not adequately addressed in the Sunriver Master Plan and Planned Cemmun:y Zoning Ordinance. (a) Rules Applicable to Sunriver: The Board fully recognizes that Sunriver is an area of special interest. The initial subdivision approvals and master plan for Sunriver were adopted prior to zoning having been implemented in Deschutes County. In 1972, when zoning was in fact implemented, a master plan for Sunriver was approved under the PD portion of zoning ordinance PL -5. More recently, in September of 1978, a revised master plan for Sunriver Phase II was adopted by the county. Sunriver has complied with the rules and regulations set up in The Deschutes County Zoning and Subdivision Ordinances. Sunriver further recognizes that there was an oversight in not adopting a planned community zone at the time of the adoption of the current zoning ordinance. However, this application is intended to alleviate that oversight. The Board further finds that the Sunriver Master Plan applies to the development of a very small portion of Sunriver. A vast majority of the property in Sunriver has already been developed or received approval for development. The Board further finds that Sunriver is not a municipality but rather a planned community as set forth in the Deschutes County Comprehensive Plan. The Deschutes County Comprehensive Plan has been acknowledged by the LCDC and the Board takes the position that Sunriver, as a planned community, complies with the statewide planning goals and guidelines. Vol, 4 aAu 659 21 The County Comprehensive Plan defines a "Planned Community." In order to process an application for a future Planned Community a comprehensive plan change will be necessary for the site. This will require that all relevant Statewide Planning Goals and Guidelines are satisfied and that the project and site is consistent with the County's Comprehensive Plan and implementing Ordinances. Such a change could also be reviewed by LCDC through the Post Acknowledgement Process. The Planned Community's Master Plan will be required to demonstrate that implementation of all applicable goals, policies and ordinances will occur. This is insured by subsection (5) of the Planned Community Zoning Ordinance addition to PL -15 and more specifically by Section -3.030 of Ordinance 81-043, the County Subdivision Ordinance. Further review of a Planned Community will occur when the area is re -zoned. Each district within the "PC" zone must meet the County Zone Change Criteria in order to be designated for a specific use. For the above reasons the Board finds that the process for creating a Planned Community does have sufficient criteria to judge the adequacy of the site, project and its implementing master plan. The Board further finds that because each planned community is unique, further textual definition and explanation within the text of the Comprehensive Plan is not appropriate. V 0111 42Atz 660 (b) Landscaping: The question of landscaping is dealt with extensively by the Sunriver Design Committee in the Sunriver DF sign Committee Manual in accordance with the Plan of Sunriver and the Plan of Sunriver Phase II. Furthermore, extensive landscaping requirements will be imposed upon any site plan approval for the future development of multiple family and commercial sites in Sunriver. (c) Maintenance: The maintenance of the development is addressed in the Plan of Sunriver and the Plan of Sunriver Phase II. Specifically the administrator for Sunriver is responsible far maintenance of common areas and privateways within Sunriver. Individual owners are responsible for the maintenacne of their own units and there are separate conditions, covenants, and restrictions imposing maintenance requirements upon commercial developments within Sunriver. There has been no evidence to indicate that the Plan of Sunriver is inadequate or that the administrator is without the necessary resources or authority to continue to maintain the privateways and common areas within Sunriver. (d) Transportation: The data base of the master plan includes a 41 page report on roads and bikeways prepared by Carl Buttke, Inc., a consulting traffic engineer. That report has been incorporated into a part of the Sunriver Master Plan. The Board finds that this report adequately addresses the question of transportation within Sunriver. (e) Public Services: There is an extensive facilities section contained in the master plan of Sunriver and VOL 44 pw-:661 23 supported by an extensive data base. The Board finds that the issue of public services has been adequately addressed in the master plan. (f) Transfer to the Owners' Association: The issue of transfer to the Owners' Association is again a matter left to the Plan of Sunriver and Plan of Sunriver Phase II. There is adequate provision in the Plan of Sunriver and the Plan of Sunriver Phase II to accomplish the required transfer to the Owners' Association. (g) Coordination with Existing and Oriainal Plan of Sunriver: As set forth above, the county has recognized the master plan of Sunriver and the revised master plan of Sunriver Phase II. There has been extensive review of prior master plans and the Board finds that there has been a significant degree of coordination with the existing Sunriver Master Plan and the original plan of Sunriver. (h) Timing of the Development: The Board finds the timing is not a critical issue. As set forth above, the Board finds that the vast majority of Sunriver has already been developed and that the question of timing is generally moot. (i) Overall Density: The Board specifically finds that Sunriver was originally granted approval for densities not to exceed 1.5 dwelling units per acre. The present master plan contemplates a density of 1.4 dwelling units per acre or less. (j) Commercial Development: The Board finds the commercial development has been limited in Sunriver. There von 44 PgG62 will be allowed commercial development in Business Park I, Sunriver Country Mall, the North Entrance Area Commercial District, . and the present location of the Sunriver Administrative offices. The Board feels that this does not create any confusion with respect to the amount of commercial development that is available and finds that it would not be in the best interest to have only one commercial district in Sunriver. (k) Amenities and Common Areas: The Developer has made specific representations regarding the development of additional recreational amenities in Sunriver. The Board feels that based on these representations, recreational amenities provided in Sunriver are sufficient for the community.