1993-45714-Ordinance No. 93-054 Recorded 12/16/1993REQ
93-45714 1,J ,J
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
0128-109-s
An Ordinance Amending Title
17, to Allow for System
Development Charges for Parks
within the Boundaries of the
Bend Urban Growth Boundary * c
and Declaring an Emergency.
ORDINANCE NO. 93-054
WHEREAS, the Board of County Commissioners for Deschutes
County has adopted Ordinance 93-051 and Resolution 93-104 requiring
payment of parks and recreation system development charges for all
new residential and hotel or motel development in the County
located within the boundaries of the Bend Urban Growth Boundary;
and
WHEREAS, the County's subdivision and partition ordinance
currently requires that subdivisions and partitions be approved
subject to requirements to dedicate land for parks purposes, or in
the alternative to pay a fee in lieu of such dedications; and
WHEREAS, it is the Board's intention that those existing
dedication and fee in lieu provisions should be superseded by the
County's newly instituted parks system development charges; now,
therefore:
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. Section 17.44.010, "Development within an urban
growth boundary," as amended, is further amended to read as
follows:
"17.44.010 Dedication of land.
A. For subdivisions or partitions inside an urban
growth boundary, the developer shall set aside and
dedicate to the public for park and recreation purposes
not less than eight percent of the gross area of such
development, if the land is suitable and adaptable for
such purposes and is generally located in an area planned
for parks.
1 - ORDINANCE NO. 93-054 (12/15/93)
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1993
0128-1099
B. For subdivisions or partitions outside of an
urban growth boundary, the developer shall set aside a
minimum area of the development equal to $350.00 per
dwelling unit within the development, if the land is
suitable and adaptable for such purposes and is generally
located in an area planned for parks.
C. The Planning Director or Hearings Body shall
determine whether or not such land is suitable for park
purposes; provided further, that any such approval shall
be subject to the condition that the county or
appropriate park district accept the deed dedicating such
land.
D. This section shall not apply to the subdivision
or partition of lands located inside the Bend Urban
Growth Boundary."
Section 2. Title 17 is amended to add a new Section
17.44.020 „ "Fee in lieu of dedication," to read as follows:
"17.44.020 Fee in lieu of dedication.
A. In the event there is no suitable park or
recreation area or site in the proposed subdivision or
partition, or adjacent thereto, then the developer shall,
in lieu of setting aside land, pay into a park
acquisition and development fund a sum of money equal to
the fair market value of the land that would have been
donated under 17.44.010 above. For the purpose of
determining the fair market value, the latest value of
the land, unplatted and without improvements, as shown on
the county assessor's tax roll shall be used. The sum so
contributed shall be deposited with the County Treasurer
and be used for acquisition of suitable area for park and
recreation purposes or for the development of recreation
facilities. Such expenditures shall be made for
neighborhood or community facilities at the discretion of
the Board of County Commissioners and/or applicable park
district."
B. This section shall not apply to subdivision or
partition of lands located inside of the Bend Urban
Growth Boundary."
Section 3. The amendments contained herein shall apply to
all pending applications for tentative approval of subdivisions or
partitions on which no decision which becomes final has been
rendered by the effective date of this ordinance.
2 - ORDINANCE NO. 93-054 (12/15/93)
0128-1100
Section 4. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
its passage.
DATED this 1��j day of December, 1993.
BOARD OF CqUNTY COMMISSIONERS
OF DESCHUT S COUNTY, OREGON
ATTEST:
Recording Sec etary
TU IiKUUP (: lr
7 AN Y POPE GEN, ommissione
�Qa" A4-'/
BARRY H.'SLAUGHTERI Commissioner
3 - ORDINANCE NO. 93-054 (12/15/93)