2003-1344-Resolution No. 2003-109 Recorded 10/24/2003COUNTY OFFICIAL
TES
REVIEWED NANCYUBLANKENSHIP, COUNTY CLERKS U 2003'+34
COMMISSIONERS' JOURNAL 10/24/2003 03;42;27 PM
LEGAL COUNSEL 1111111111111111111111111111111
2003-1344
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to change the number of
Transferable Development Credits required for
development in the La Pine Neighborhood
Receiving Area to 4.6 per net developable acre.
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* RESOLUTION NO. 2003-109
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WHEREAS, DCC 11.12.044 states that a Transferable Development Review Committee shall be
appointed by the Board of County Commissioners and that the purpose of such Committee is to assist staff in
implementing the Transferable Development Credit 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; and
WHEREAS, the assumptions used for the development of the Transferable Development Credit
program are no longer valid in light of findings from the US Geological Survey's 3D Groundwater Nutrient Fate
and Transport Model for South Deschutes County (USGS Study). These findings indicate that Transferable
Development Credits will have less impact on improving groundwater quality than alternative septic systems
being tested under the Department of Environmental Quality funded La Pine Decentralized Wastewater
Demonstration Project; and
WHEREAS, Deschutes County has entered into a contract with Pahlisch Homes to develop the first
phase in the Neighborhood Planning Area and Pahlisch Homes and County staff have recalculated the probable
number of net developable acres in the Neighborhood Planning Area; and
WHEREAS, in addition to using Transferable Development Credits to reduce groundwater
contamination, the County Comprehensive Plan requires that Transferable Development Credits also be used to
accomplish the goals of. keeping the community rural in character, reducing wildfire hazards, protecting
wildlife habitat; reducing potential development in floodplains, wetland and mule deer migration corridors, and
creating a new residential neighborhood that provides service efficiently, and sustains economic development;
and
WHEREAS, in order to achieve these other goals, a revised formula is needed for calculating the
number of Transferable Development Credits required for development in the La Pine Neighborhood Planning
Area, in addition to using data that reflect revised estimates for net developable acres and the estimated number
of units to be built; and
WHEREAS, the Transferable Development Credit Review Committee and Planning Staff met on
September 16, 2003, to discuss the direction of, and need for, changes to the Transferable Development Credit
Program based on findings from the USGS Study. As a result of this new information, the Transferable
Development Credit Review Committee found that the Transferable Development Credit program, as originally
conceived, will not result in the desired reduction of groundwater contamination, and until such time as the
Department of Environmental Quality adopts rule change(s) to allow for widespread installation of alternative
PAGE 1 OF 2 — RESOLUTION NO. 2003-109 (10-22-2003)
septic systems, the most effective interim direction for the Transferable Development Credit program is to make
achievement of the remaining Comprehensive Plan goals a priority; and
WHEREAS, considering the new data on groundwater contamination and the recalculation of net
developable acres, the Transferable Development Credit Review Committee recommends that the Board adopt a
change in the number of required Transferable Development Credits that need to be transferred by the County,
to any tract of land sold in the receiving area of the La Pine Neighborhood Planning Area, from a rate of 5.5 to
4.6 per net developable acre. The Committee found this change will ensure enough Transferable Development
Credits to complete development of the first phase of the La Pine Neighborhood Planning Area, while allowing
sufficient time to develop and revise the Transferable Development Credit program to maximize its
effectiveness; and
WHEREAS, DCC 11.12.020 states that the Board may by Resolution adjust the number of Transferable
Development Credits required in the receiving area or alter the factors for which Transferable Development
Credits are required in the receiving area; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The number of Transferable Development Credits needed to develop in the La Pine
Neighborhood Planning Area is 4.6 per net developable acre.
DATED thiso2 day of 0 ���`�V-C/1� '2003.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ENNIS R. LUKE, ChairA
TOM DEWOLF, Commissioner
PAGE 2 of 2 — RESOLUTION NO. 2003-109 (10-22-2003)
DALY, Coyfimissioner