1998-00466-Ordinance No. 97-075 Recorded 12/31/1997REVIEWED
0163-1 S
98-00466 LEGALcQtsrs1
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES NLS bRP#V39
An Ordinance Amending Chapter 17.44, Park
Development, of Title 17 of the Deschutes
County Code, Declaring An Emergency, and
Setting An Effective Date.
ORDINANCE NO. 97-075
WHEREAS, the Bend Metro Parks and Recreation District is the primary provider of parks
within the District's boundaries, both inside and outside of the Bend Urban Growth Boundary; and
WHEREAS, Deschutes County finds that it is important that all areas within the Bend Urban
Growth Boundary, including the urban reserve areas, be within the Parks District: now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. AMENDMENT. Sections 17.44.010, Dedication of land, and 17.44.020, Fee in lieu of
dedication, are amended to read as described in Exhibit "A," attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in stEgEethfetig .
Section 2 ADDING. Chapter 17.44, Park Development, is amended by the addition of a new
section as described in Exhibit "B," attached hereto and by this reference incorporated herein.
Section 3. 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 as of January 1, 1998.
DATED this _3� s day of ��CP.f, 1997.
ATTEST:
OF COUNTY
"-HUS COL
T,J_.. NIPPER,
ecording Secretary NDA L.
Page 1 of l - ORDINANCE NO. 97-075 (12/31/97)
,OREGON
EN
X_
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.
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 Deed Ur -ban Gr-ewth o,...ndaf. ,._ within the
boundaries of the Bend Metro Park and
Recreation District or the Central Oregon Park
and Recreation District. (Ord. 97-075 § 12 1997;
Ord. 95-010 §1, 1995; Ord. 93-054 § 1, 1993;
Ord. 93-012 § 44, 1993; Ord. 90-003 § 1,
Exhibit A, 1990; Ord. 81-043 § 1, Exhibit A, §
6.070, 1981)
0163-15'79
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 ef
within the
boundaries of the Bend Metro Park and
Recreation District or the Central Oregon Park
and Recreation District. (Ord. 97-075 § 1, 1997;
Ord. 95-010 § 2, 1995; Ord. 93-054 § 2, 1993;
Ord. 93-012 §§ 45 and 46, 1993; Ord. 81-043 §
1, E�dubit A, § 6.080, 198 1)
Page 1 of 1 — Exhibit "A" to ORDINANCE NO. 97-075 (12/31/97)
EXHIBIT "B"
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17.44.030. Annexation agreement.
No partition or subdivision of land lying
within the Bend Urban Growth Boundary,
including the urban reserve areas, but outside the
boundaries of the Bend Metro Park and
Recreation District, shall be approved unless the
landowner has signed an annexation agreement
with the Bend Metro Park and Recreation
District. (Ord. 97-075 § 2, 1997)
Page 1 of 1 — Exhibit "B" to ORDINANCE NO. 97-075 (12/31/97)