2002-828-Ordinance No. 2002-010 Recorded 4/30/2002REVIEWED
LEG COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
MARYDESCSUE
HSCOUNTY OFFICIAL PENHOLLOW, COUNTYCLERKVJ �YYL'gig
COMMISSIONERS' JOURNAL 04/30/2002 08;19;39 AM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 11, County Owned
Land and Property, of the Deschutes County Code * ORDINANCE NO. 2002-010
And Declaring an Emergency.
WHEREAS, Chapter 23.44, Regional Problem Solving for South Deschutes County, in the Deschutes
County Comprehensive Plan directs the County to develop a Transferable Development Credit ("TDC")
program in order to implement some of the goals and strategies identified by the Regional Problem Solving
Project for South Deschutes County; and
WHEREAS, the Deschutes County Board of County Commissioners ("Board") amended the County's
Comprehensive Plan pursuant to Ordinance No. 2002-009 (file no. PA -02-01), to explain the need for and
specify the elements of a TDC program; and
WHEREAS, Ordinance No. 2002-010 (file no. TA -02-01) contains the components, including
definitions, criteria and procedures, necessary to implement the TDC program described in the Comprehensive
Plan; and
WHEREAS, the TDC program will be administered by the Community Development Department with
assistance as needed from other county departments; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. ADDING. Title 11, County Owned Land and Property, of the Deschutes County Code, is
amended to add a new chapter, Transferable Development Credit Program, to read as described in Exhibit "A,"
attached hereto and by this reference incorporated herein.
Section 2. SENDING AREA. The sending area established for the TDC program under this Ordinance
is identified on a map entitled TDC Sending Area, as shown on Exhibit "B," attached hereto and by this
reference incorporated herein.
Section 3. RECEIVING AREA. The receiving area established for the TDC program under this
Ordinance is identified on a map entitled TDC Receiving Area, as shown on Exhibit "C," attached hereto and by
this reference incorporated herein.
Section 4. TDC ALLOCATION. For the purpose of the TDC program the initial allocation of TDCs in
the sending area shall be one (1) TDC per eligible lot. An additional one-half (1/2) TDC shall be allocated to
eligible lots located in the High Priority Wildlife Corridor map as shown on Exhibit "D," attached hereto and by
this reference incorporated herein.
Section 5. TDC REDEMPTION. For the purpose of the TDC program the initial requirement for
redeeming TDCs in the receiving area shall be 5.5 TDCs per net developable acre as that term is defined in
Exhibit "A" to the this ordinance.
PAGE 1 OF 2 - ORDINANCE NO. 2002-010 (4/24/02)
S:\CDD\RPS\TDCS\PROGRAM ELEMENTS 2002\PROGRAM ORDINANCES\TA-02-01\ORD. 2002-010 1.30.DOC
Section 6. RECORDS. The Deschutes County Community Development Department shall keep a
record of TDC transactions and shall maintain and periodically update the TDC Sending Area and TDC
Receiving Area maps referred to in sections 2 and 3 of this Ordinance.
Section 5. 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 12002.
BOARD OF COUNTY COMMISSIONERS
OF DESC1 UTES COUNTY, jOREGON
TOM
R. LUKE, Commissioner
A&HAft M. DAL Y ommissioner
Date of 1St Reading: Ce day of abtaL'2002.
Date of 2nd Reading: day of , 2002.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf ✓
Dennis R. Luke
Michael M. Daly
Effective date: day of , 2002.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2002-010 (4/24/02)
SACDD\RPS\TDCS\PROGRAM ELEMENTS 2002\PROGRAM ORDINANCES\TA-02-01\ORD. 2002-010 1.30.DOC
EXHIBIT "A"
Chapter 11.12. TRANSFERABLE
DEVELOPMENT
CREDIT PROGRAM
11.12.010. Definitions.
11.12.020. TDC Transactions.
11.12.030. TDC Sending Area Eligibility
Criteria.
11.12.040. TDC Review Committee
11.12.010. Definitions.
As used in DCC 11. 12, the following words
and phrases shall mean as set forth in DCC
11.12.010.
"Bargain and Sale Deed" means the legal
instrument that conveys transferable
development credits from a lot or parcel of
land in a sending area to a tract of land in a
receiving area.
"Restrictive Covenant" means a legal
instrument which places restrictions on
future development on a lot or parcel of land
in a sending area.
"Development Interest" means the right to
construct a dwelling and an on-site sewage
disposal system on a lot or parcel.
"High Priority Deer Migration Corridor
Area" means the area mapped in 2000 by the
Oregon Department of Fish and Wildlife
which shows the area of priority protection
for migrating mule deer within a larger
migration corridor acknowledged under
statewide planning Goal 5. A copy of this
map is on file with the Community
Development Department.
"Net developable acre" means the acreage in
a tract of land in a receiving area calculated
by subtracting the acreage reserved for
collector road right-of-way and community
parks and open space from the gross acreage
of a subject tract.
"Option Agreement" means the legal
contract allowing the County to buy TDCs
from a willing seller at a given price until
the contract expires.
"Preliminary Title Report" means a report
showing the condition of title before a TDC
transaction is completed.
"Receiving area" means the area designated
by the County where transferable
development credits are required in order to
purchase and develop a tract of land.
"Request for a Letter of Verification
Regarding Transferable Development
Credits" means the application requesting
the County to verify the number of TDCs
recognized for a sending area -Property.
"Sales Agreement" means the legal contract
acknowledging the sale of TDCs from a
willing seller to a willing buyer with
specified provisions to complete the
transaction.
"Sending Area" means the area designated
by the County in which transferable
development credits may be sold in
exchange for a permanent conservation
easement.
"Transferable Development Credit" (TDC)
means the credit given for a severable
development interest in specified real
property.
(Ord. 2002-010 § 1, 2002)
11.12.020. TDC transactions.
A. TDCs may be conveyed to any person or
legal entity.
B. Sale of TDCs from the Sending Area.
The following procedures shall be
followed when a property owner desires
to sell TDCs from an eligible lot or
parcel in the Sending Area to Deschutes
County:
1. A property owner (Seller) shall
submit to the Community
Development Department a copy of
the real property deed that conveyed
the property to the Seller and a
Page I of 4 — EXHIBIT "A" TO ORDINANCE NO. 2002-010 (4/24/02)
EXHIBIT "A"
request, on a form prepared by the
form prepared by the County and
County, for verification of the
submit the completed form to the
number of TDCs for which the
County.
subject property is eligible.
4. The Seller shall submit a current
2. The County shall send written
Preliminary Title Report to the
verification to the Seller of the
County.
number of TDCs for which the
5. The Seller shall resolve any issues
subject property is eligible based on
with title to the satisfaction of the
the criteria in DCC 11.12.030.
County pursuant to 11. 12.020 (E)
3. After receipt of the Letter of
prior to proceeding with the TDC
Verification, if the Seller is eligible
sale.
for at least one (1) TDC and desires
6. When the Preliminary Title Report
to initiate a TDC sale to the County,
is deemed satisfactory by the
the Seller shall send a written
County:
request to the County to initiate the
a) the Seller and Buyer shall sign
sale.
and record a Bargain and Sale
4. After receipt from the Seller of a
Deed prepared by the County;
request to initiate a sale of TDCs, if
and
the County chooses to initiate the
b) The Seller and the County shall
sale, the Seller and County shall
sign and record a Restrictive
sign and record an Option
Covenant prepared by the
agreement prepared by the County.
County.
5. If the County decides to exercise an
option and complete the purchase of
D. Transfer of TDCs to the Receiving Area.
TDCs, the County shall order a
Prior to the development of any lot
Preliminary Title Report.
in the Receiving Area, TDCs shall be
6. When the preliminary title report is
transferred by a Sales Agreement and a
deemed satisfactory by the County
Bargain and Sale deed, prepared by the
pursuant to DCC 11.12.020(E) , the
County, to a tract or lot meeting the
County and Seller shall enter into a
following criteria within the receiving
Sales Agreement on a form prepared
area:
by the County indicating the final
1. The tract or lot shall be located
transaction provisions.
within the La Pine Neighborhood
7. The County shall prepare a Bargain
Planning Area in the La Pine Urban
and Sale Deed and a Restrictive
Unincorporated Community and be
Covenant which the Seller must
zoned Residential General or
sign prior to any transfer of funds.
Residential Center. The TDC
Both documents shall be recorded
receiving area is identified on a map
by the County after the transfer of
prepared and maintained by the
funds.
Community Development
C. The following procedures shall be
Department.
2. TDCs shall be transferred by the
followed if a property owner desires to
County at the rate of 5.5 TDCs per
sell TDCs from an eligible lot or parcel
net developable acre to any tract of
in the Sending Area to an individual or
land sold in the receiving area which
entity ("Buyer") other than Deschutes
is zoned Residential General or
County:
Residential Center.
1. A Seller shall follow the procedures
3. The Board may by Resolution adjust
in I L.12.020 B. 1. and 2.
the number of TDCs required per
2. The Seller and Buyer shall enter
acre or alter the factors for which
into a written sales transaction on a
TDCs are required in the receiving
Page 2 of 4 — EXHIBIT "A" TO ORDINANCE NO. 2002-010 (4/24/02)
EXHIBIT "A"
area.
E. Preliminary Title Report. To be deemed
satisfactory a preliminary title report
must show:
1. that the subject property is free of
restrictions or encumbrances which
would prevent the severance of a
development interest; or
2. if such a restriction or encumbrance
exists, the beneficiary or holder of
the restriction or encumbrances
consents to the severance.
F. TDC Transaction Records. The
Community Development Department
shall maintain a record when TDCs are:
1. verified on eligible lots;
2. sold from eligible lots; and
3. transferred to the sending area.
G. Non -Residential Uses. Where permitted
under DCC 18.61.050, non-residential
uses in the receiving area do not require
TDCs.
H. Right to Develop. If an owner of a lot
or parcel of land eligible for a TDC
chooses not to participate in the TDC
program, the owner shall not be
restricted from developing said lot or
parcel in accordance with the applicable
zoning standards in DCC Title 18, and
any other applicable regulations, rules or
standards.
(Ord. 2002-010 § 1, 2002)
11.12.030. TDC sending area eligibility
criteria.
A. A lot or parcel that meets the following
criteria is eligible to receive TDCs. The lot
or parcel shall:
1. be located within the TDC "sending
area" identified on a map prepared
and maintained by the Community
Development Department;
2. be no greater than 2.0 acres in area;
3. be capable of being served by an on-
site sewage disposal system that
meets current Oregon Department of
Environmental Quality standards, as
demonstrated by a satisfactory
feasibility evaluation for an on-site
sewage disposal system or when the
lot or parcel is shown as being
eligible for such system on the TDC
sending area map; and
not be developed with an existing
dwelling or an existing sewage
disposal system, or if developedwith
an existing sewage disposal system,
the landowner shall disable said
system.
B. TDCs shall be assigned to an eligible lot
or parcel that meets the criteria in DCC
11.12.010(A), as follows:
1. An eligible lot or parcel shall
receive one TDC.
2. An eligible lot or parcel located in
the High Priority Deer Migration
Corridor Area shall receive an
additional one-half TDC.
3. The Board of County Commission-
ers may by Resolution revise the
number of TDCs assigned or the
factors for which TDCs are assigned
to eligible lots or parcels in the
sending area.
(Ord. 2002-010 § 1, 2002)
11.12.040. TDC review committee.
A. Purpose. The TDC Review Committee is
an advisory committee whose purpose is
to assist staff in implementing the TDC
program and to recommend to staff and
the Board of County Commissioners the
means to accomplish the goals of
Regional Problem Solving insofar as the
transfer of development credits from the
sending area to the receiving area are
concerned.
B. Duties. The committee shall present a
report of its review of the TDC program
at least annually to the Board. In
conducting its review the committee
should evaluate the TDC program for
record keeping accuracy, determine if
program goals are being met, consider
whether any changes to the TDC
allocation criteria in the sending area or
Page 3 of 4 — EXHIBIT "A" TO ORDINANCE NO. 2002-010 (4/24/02)
EXHIBIT "A"
TDC requirements in the receiving area
are advisable, or if any other revisions to
the program are warranted. The
committee may assist the County in
determining which TDC options to
exercise.
C. Committee member terms. Committee
members shall be appointed by the
Board. One half the initial members
shall be appointed for one year and one-
half shall be appointed for two years.
Thereafter, members shall serve two-year
terms. Members may be reappointed by
the Board to serve additional terms.
D. Committee members. The TDC Review
Committee shall include a representative
from each of the following organizations,
agencies or professions:
1. The International Society of
Appraisers or an Oregon State
Certified Appraiser;
2. A firm established for the purpose of
real estate development or the
representation of development
interests;
3. An individual with recognized
expertise in hydrology or ground
water;
4. An individual with recognized
expertise in big game wildlife
management;
5. The Community Solutions Team for
Central Oregon;
6. An individual who resides in the
designated sending area;
7. A member of the La Pine
Community Action Team;
8. The Deschutes County Community
Development Department Director or
designee as an ex officio member.
9. The Board may appoint additional
members as it deems appropriate.
(Ord. 2002-010 § 1, 2002)
Page 4 of 4 — EXHIBIT "A" TO ORDINANCE NO. 2002-010 (4/24/02)
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