1995-06216-Ordinance No. 95-010 Recorded 3/2/1995.it
95-06216
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Title
17, to allow for System
Development Charges for Parks
Within the Boundaries of the
Central Oregon Park and
Recreation District and
Declaring an Emergency.
ORDINANCE NO. 95-010
i
LE CALACOUNSI
DESCHUTES
0138-0591
WHEREAS, the Board of County Commissioners for Deschutes
County has adopted Ordinance No. 95-019, an agreement with
the Central Oregon Park and Recreation District to collect
for the District payment of a park and recreation system
development charge for all new residential and hotel or
motel development in the County located within the boundaries
of the Central Oregon Park and Recreation District; 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dedication and fee in lieu provisions should be superseded by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 Central Oregon Park and Recreation District's newly
instituted parks system development charges; and
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County
Commissioners have considered the proposed amendment; 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:
1117.44.010 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
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March 1, 1995 �MfD hCHED
9 9,5 021995
0138-0592
area of such development, if the land is suitable
and adaptable for such purposes and is generally
located in an area planned for parks.
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 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 or within the boundaries of the
Central Oregon Park and Recreation District.
Section 2. Section 17.44.020, "Fee in lieu of
dedication," as amended, is further amended 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 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 or within the boundaries of the
Central Oregon Park and Recreation District.
Section 3. SEVERABILITY. the provisions of this
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March 1, 1995
0138-°0593
ordinance are severable. If any section, sentence, clause,
or phrase of this ordinance is adjudged to be invalid by a
court of competent jurisdiction that decision shall not
affect the validity of the remaining portions of this
Ordinance.
Section 4. EMERGENCY. 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 day of March, 1995.
BOARD OF COUNTY COMMISSIONERS
O DES S COUNTY, OREGON
YI�Y
BARRY UGHTER,_Chair
"Iz / =I" of Ala"ag
•!D4•
TE T:
Recording Secr tary
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March 1, 1995
ssi.oner
commis