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1993-45713-Resolution No. 93-104 Recorded 12/16/199393-45'713 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF REVIEWED 6yj'J DESCHUTES -�@�L-��tHSBN A Resolution Establishing System Development * 0.28--1094 Charges for Parks and Recreation for Certain * Vi7`� Development within the Bend Urban Growth * - to Boundary and Setting an Effective Date. `-' �-, r•I RESOLUTION NO. 93-104 WHEREAS, Chapter 15.12 of the Deschutes County Code aut_hbri2es the County to establish system development charges; and =- WHEREAS, pursuant to the requirements of ORS Chapter 22li, the Bend Metro Parks and Recreation District commissioned a study='�of`'parks system development charges for park development within the Bend Urban Growth Boundary; and WHEREAS, said study has recommended a level of system development charges for parks and recreation consistent with the requirements of ORS Chapter 223; and WHEREAS the District has adopted a plan of capital improvements as required by ORS Chapter 223 on which system development charge funds would be expended; and WHEREAS the Board of County Commissioners has determined that it is in the public interest to adopt system development charges for parks and recreation; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON: Section 1. Purpose. The purpose of the system development charge identified by this Resolution and imposed under the authority of Chapter 15.12 of the Deschutes County Code is to impose a portion of the cost of capital improvements for parks upon those users of the Bend Metro Parks and Recreation District who create the need for or increase the demands on parks capital improvements by construction of new dwelling units within the Bend Urban Growth Boundary. Section 2. Adoption of Base Parks System Development Charges. Pursuant to Deschutes County Code Chapter 15.12 a system development charge of $265.00 per person is adopted as the base system development charge for neighborhood and community park facilities to be applied within the Bend Urban Growth Boundary, as an improvement fee, as of July 1, 1992. For purposes of applying such base charges to applicable development proposals, the number of persons per dwelling unit shall be as follows: Single Family (2.645 persons/unit) _ $700.00 / unit Multi -Family (1.895 persons/unit) _ $500.00 / unit Hotels/Motels (1 person/unit) _ $265.00 / room KEY GNED RESOLUTION NO. 93-104 (12/15/93) a 11993 Re-recorded in Volume 128 Page 1237 to add Exhibit A. "'" 0128-1095 Section 3. Methodology and Findings. The methodology used to establish the base park and recreation system development charges adopted by this resolution is contained in a document dated September 1992 prepared by Economic and Engineering Services, Inc., entitled "Bend Metro Parks and Recreation District: System Development Charges for the Parks System," attached hereto as Exhibit A and by this reference incorporated herein. The methodology is outlined in Chapter IV of that report and applied to the facts in this instance in Chapter V. That exhibit also serves as the findings supporting the adoption of this resolution. Section 4. Inflation Adjustment. The parks and recreation system development charge shall be subject to a once yearly increase from the base figures adopted in Section 1 above based upon the amount of inflation ocurring since July 1, 1992, calculated with reference to an applicable consumer price index for Bend, Oregon. The inflation factor shall be calculated as of July 1 for each year thereafter and the revised charge for each fiscal year following adoption of this resolution shall be adopted as part of the County's annual fee schedule. The inflation adjustment to be applied as of July 1, 1993 shall be 5.8% added to the basic charge. Section 5. Applicability and Collection. (a) A park and recreation system development charge calculated in accordance with the provisions of this resolution, and any amending resolution or fee schedule, shall be collected for all new single-family residential and multi -family residential construction and for all new hotel or motel construction within the Bend Urban Growth Boundary. (b) The park and recreation system development charge shall be collected and paid in full upon application for a building permit for new construction identified in Paragraph 5(a). Section 6. Initial Parks System Development Charge. The system development charge for the 1993-1994 fiscal year shall be as follows: Single Family: $280/person x 2.645 persons/unit = $740.60 Multi -Family: $280/person x 1.895 persons/unit = $530.60/unit Hotel/Motel: $280/unit Section 6A. Calculation of System Development Charge. System development charges shall be calculated for new development proposals to which system development charges are applicable, as follows: (a) Single Family: System development charge shall be charged at the single-family rate. RESOLUTION NO. 93-104 (12/15/93) 0128-1096 (b) Multi -family: System development charge at the multi -family rate shall be charged for each new unit, or in the case of change of use from single-family residential shall be charged at the multi -family rate for the existing unit and the new units. (c) Hotel/Motel: System development charge at the hotel/motel rate shall be charged for each new unit, or in the case of change of use from residential use shall be charged at the hotel/motel rate for the existing dwelling unit and the new units. Section 7. Credits. (a) Each lot or parcel in subdivisions and partitions approved subject to the requirement of a land dedication for parks or payment of a fee equivalent for parks acquisition under Chapter 17.44 of the County subdivision and partition ordinance, or similar authority, shall be entitled upon receipt of such fees or dedication to be credited in an amount equal to the full amount of system development charges imposed herein. (b) Where new residential or hotel/motel construction involves a change of use or replacement of existing residential or motel dwelling units, system development charges imposed shall be credited with an amount equal to the current system development charges associated with the type of dwelling unit being replaced or changed. (c) Qualified public improvements, as defined in Deschutes County Code section 15.12.010, shall be credited in accordance with ORS Chapter 223. Section 7A. Expenditures. System development charge funds shall be expended only for capital improvement projects listed in the Bend Metro Park and Recreation District's Capital Improvement Plan, as set forth in the Appendix to the Methodology adopted herein. Section 8. Definitions. (a) "New single-family and multi -family residential construction" includes (1) construction or placement of new single-family or multi -family residential unit or units on a lot or parcel not previously occupied by lawfully established residential development; (2) construction involving the addition of new dwelling units on a lot or parcel previously occupied by lawfully established residential development that results in a change of use from single-family to multi -family residential development; or (3) an increase in dwelling units at an existing lawfully established multi -family development. "New single-family and multi -family residential construction" RESOLUTION NO. 93-104 (12/15/93) 0128-109'7 shall not include replacement of existing such development with the same use. (b) "New hotel or motel construction" includes construction of (1) a new motel or hotel development on land previously unoccupied by motel or hotel development; (2) a new motel or hotel development on land previously occupied by residential development that results in a change of use from single- family or multi -family residential development to hotel or motel development; or (3) an increase in the number of dwelling units at an existing hotel or motel. (c) For purposes of this resolution, "single-family residential construction" shall include a free-standing single family residential dwelling, including manufactured homes, and a dwelling unit in a zero lot line subdivision. A second free- standing dwelling unit on an RM -zoned parcel shall be treated as a single-family dwelling. (d) For purposes of this resolution, "multi -family residential construction" shall include any residential development having more than one dwelling unit on a lot or parcel or combination thereof under the same ownership that is neither a single-family residence nor a hotel or motel as defined herein. (e) For the purposes of this resolution, "hotel or motel" shall include any structure, excluding condominiums, that is occupied or intended, designed or operated for transient occupancy for dwelling, lodging or sleeping purposes and includes any hotel, inn, motel, bed and breakfast, studio hotel, bachelor hotel, lodging house, public or private dormitory or nursing home or other residential care facility. Section 8. This resolution shall take effect on January 1, 1994. DATED this _/___— day of December, 1993. BOARD OF�OUNTY COMMISSIONERS OF DESCH TES COUNTY, OREGON it AT E NANCY POPE) �C"t;EN, Commissiler Recording Secretary BARRY H. SLAUGHTER, Commissioner RESOLUTION NO. 93-104 (12/15/93)