2011-3051-Order No. 2011-021 Recorded 10/20/2011COUNTY OFFICIAL
C VIE NANCYUBLANKENSHIP, COUNTY CLERKOS
COMMISSIONERS' JOURNAL 10/20/201108:24:51 AM
L GAL CO SEL IIIIIIIIII~IIIIIIIIIIIIIIIIIIII
2013-3051
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Approving the Road Department
Director's Decision to Not Allow a Request to
Drop the SDC Requirement for Relocation of a
Single Family Residence
* ORDER NO. 2011-021
WHEREAS, on July 25, 2011, the Road Department Director received a letter from Michael J. Walker,
("Applicant"), protesting the application of SDC charges to the relocation of a structure from one lot located
within Deschutes County onto another lot located at the address of 1092 Barberry Dr., Terrebonne, OR (tax lot
141316131300308, the "Property"). Resolution 2008-059, Section 4, Applicability, (C) provides for such
protests; and
WHEREAS, pursuant to Resolution 2008-059, Section 4, (A) the Road Department Director decided
that since no other structure had previously been located on the Property at 1092 Barberry Dr., Terrebonne, OR,
the relocated structure does not constitute a replacement structure and can be expected to increase the peak hour
trips generated by the Property, and therefore denied the request to excuse the SDC payment on the Property;
and
WHEREAS, pursuant to Resolution 2008-059, Section 12, Appeals and Review Hearings, (D), an
applicant may request a hearing before the Board of County Commissioners for the purpose of reviewing all
information and evidence relative to a protest, if the applicant disagrees with the Road Department Director's
decision; and
WHEREAS, the Applicant requested a hearing before the Board of County Commissioners and the
Board conducted said hearing at which time Applicant appeared and testified; and
WHEREAS, the Board having considered Applicant's protest on August 31, September 26 and October
3, 2011, determined that the Director's decision was correct and that the Applicant's protest be denied; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Resolution 2008-059 states: "A Transportation System Development Charge is hereby
imposed upon all new development for which a building permit is required within all unincorporated areas of
the County outside the urban growth boundaries of the cities of La Pine, Sisters, Redmond and Bend. This
shall include new construction and alteration, expansion or replacement of a building or dwelling unit
if such alteration, expansion or replacement results in an increase in the number of peak hour trips
generated compared to the Dresent number of peak hour tries generated by the development or the
ronerty on which the development is located." (Emphasis added)
PAGE 1 OF 2- ORDER No. 2011-P21
Section 2. Prior to the Applicant relocating a structure from elsewhere in Deschutes County, the subject
Property located at 1092 Barberry Drive, was vacant and did not have a structure on it. Applicant's relocation of
a structure to the Property will result in an increase in the number of trips generated by the Property and is
therefore subject to the SDC. The fact that Applicant has moved the same structure from elsewhere in
Deschutes County is irrelevant to the applicability of the SDC to the Property.
Section 3. Based upon the foregoing, the Board determines that the Applicant is responsible for payment
of the SDC on the Property.
Dated this of Oct • , 20
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESC1 UTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
G
ALAN UNGER, Commissioner
PAGE 2 of 2- ORDER No. 2011-021