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. `-'
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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)
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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)