2003-1066-Ordinance No. 2003-076 Recorded 7/10/2003REVIEWED
LEGAL COUNSEL
REVIEWED
fd�s'
CODE REVIEW COMMITTEE
DESCHUTES
COUNTY CLERK
VAI AE
NANCY
COMMISSIONERS' JOURNAL
1101,.,,,,-0110,.- 01/1012003 02;56;14 PM
2003-1066 - - For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 17, the Deschutes
County Subdivision and Partition Ordinance, of * ORDINANCE NO. 2003-076
the Deschutes County Code, to Amend the
Standards for Dedication of Land for Park
Development, and Declaring an Emergency.
WHEREAS, Deschutes County (the County) began a Regional Problem Solving process in 1996 to
address multiple issues in South Deschutes County through a collaborative approach; and
WHEREAS, one of the means of addressing multiple issues was to establish a new neighborhood
between Wickicup Junction and La Pine and to provide incentives for new development in this area, which is
now known as the Neighborhood Planning Area; and
WHEREAS, the County and Pahlisch Homes, Inc. have been working collaboratively toward
developing land in the Neighborhood Planning area; and
WHEREAS, the County has identified a change that needs to be made to the standards for dedication of
land for park development in the Deschutes County Subdivision and Partition Ordinance to facilitate this
development; and
WHEREAS, the Deschutes County Planning Commission reviewed this matter at its regular meeting of
June 12, 2003, and decided to forward this matter to the Board of County Commissioners with their
recommendation to adopt; and
WHEREAS, the Board of County Commissioners have held a public hearing on July 9, 2003 according
to the applicable law, and concur with the necessity of making this proposed change to the County Subdivision
and Partition Ordinance; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 17.44.010, Dedication of land, is amended to read as described in
Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined.
PAGE 1 OF 2 - ORDINANCE NO. 2003-076 (7/9/03)
Section 2. 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 9 --day of 12003.
BOARD OF COUNTY COMMISSIONERS
OF DESCHU COUNTY, OREGON
DERNIS R. LUKE, Chair
TOM DEWOLF, Commissioner
MIC A L M. DALY, Comm' sioner
Date of 1St Reading: day of , 2003.
Date of 2nd Reading: - (- � day of , 2003.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke t✓
Tom DeWolf ✓
Michael M. Daly
Effective date: 4 day of , 2003.
ATTEST: Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2003-076 (7/9/03)
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EXHIBIT "A"
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. For either DCC 17.44.010 (A) or (B), the
developer shall either dedicate the land set
aside to the public or develop andrp ovide
maintenance for the land set aside as a
private park open to the public.
C -D. The Planning Director or Hearings Body
shall determine whether or not such land is
suitable for park purposes; peer-;
thm afty ..h . ..1 shall h,..,..h:o..t to the
.
E. If the developer dedicates the land set aside
in accordance with DCC 17.44.010 (A) or
(B), any approval by the Planning Director
or Hearings Body shall be subject to the
condition that the Coun , or appropriate
park district accept the deed dedicating such
land.
P -.F. DCC 17.44. 010 shall not apply to the
subdivision or partition of lands located
within the boundaries of the Bend Metro
Park and Recreation District or the Central
Oregon Park and Recreation District.
(Ord. 2003-076 § 1, 2003; 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, Exhibit A, § 6.080, 198 1)
PAGE 1 of 1 — EXHIBIT "A" TO ORDINANCE 2003-076 (7/9/03)