2012-1580-Ordinance No. 2012-008 Recorded 5/7/2012REVIEWED
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LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
IIIIIIIIIIII)IIIIII)III(III)AI
2012-is80
CLERKDS w 2012.1580
05/07/2012 12:58:23 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 17 to Amend the Definition of "Property Line
Adjustment," and to Amend the Parks Development * ORDINANCE NO. 2012-008
Language to apply to All Park Districts in Deschutes
County, and Declaring an Emergency
WHEREAS, the Deschutes County Community Development Department initiated the amendments
(Planning Division File No. TA-12-2) to Deschutes County Code ("DCC") Chapter 17.08, Definitions and
Interpretation of Language, to amend the definition of "Property Line Adjustment" and Chapter 17.44 to Parks
Development language to apply to all park districts in Deschutes County, and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 9,
2012 and forwarded to the Deschutes County Board of Commissioners ("Board") a recommendation of
approval; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on April 23, 2012 and
concluded that the public will benefit from the proposed changes to DCC Title 17; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 17.08 is 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 str-ikethfeug .
Section 2. AMENDMENT. DCC Chapter 17.44 is amended to read as described in Exhibit "B,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in str-ilethfeugh.
Section 3. FINDINGS. The Board adopts as its findings Exhibit "F" to Ordinance 2012-007
incorporated by reference herein.
PAGE 1 OF 2 - ORDINANCE NO. 2012-008
Section 4. 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 of 2012
ATTEST:
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
-a&"- att~~
ALAN UNGER, Vice Chair
6M44'4-` ak)~~~2
Recording Secretary TAMMY BA Y, Comm sioner
Date of 1 S` Reading: day of , 2012.
Date of 2nd Reading: day of M44~x , 2012.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone _
Alan Unger
Tammy Baney
Effective date: 2i!!~4-day of , 2012.
PAGE 2 OF 2 - ORDINANCE NO. 2012-008
Denotes Deschutes County Code sections not amended by Ordinance 2012-008
Chapter 17.08. DEFINITIONS AND INTERPRETATION OF LANGUAGE
Section 17.08.030. Definitions Generally.
"Property line adjustment" means the relocation or elimination of a all or a portion of the common
property line between two abutting properties that does not create an additional lot or parcel.
(_Ord. 2012-008 § 1, 2012; Ord. 2008-030 §2, 2008; Ord. 97-005 §1, 1997; Ord. 96-003 §10, 1996; Ord. 95-
065 §1, 1995; Ord. 93-012 §§2-7, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 88-015 §1, 1988; Ord.
86-015 §2, 1986; Ord. 83-039 §2, 1983; Ord. 81-043 §1, Exhibit A, §1.040, 1981)
Page 1 of 1 - EXHIBIT "A" TO ORDINANCE 2012-008
Chapter 17.44. PARK DEVELOPMENT
17.44.010. Dedication of Land.
17.44.020. Fee In Lieu of Dedication.
17.44.030. Annexation Agreement.
Denotes Deschutes County Code sections not amended by Ordinance 2012-008
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 and provide maintenance for the land set aside as a private park open to the public.
D. The Planning Director or Hearings Body shall determine whether or not such land is suitable for park
purposes.
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 County or
appropriate park district accept the deed dedicating such land.
F. DCC 17.44.010 shall not apply to the subdivision or partition of lands located within the boundaries of a
parks district with a permanent tax rate the Bend M tf D ' and Reer-eatien D `h r '
(Ord. 2012-008 §2, 2012; 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, §6.080,1981)
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 DCC 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 and/or applicable park district.
B. DCC 17.44.020 shall not apply to subdivision or partition of lands located within the boundaries of a
parks district with a permanent tax rate the Bend Metfe Pads and Reer-eation Distfiet o~ the Central
(Ord. 2012-008 §2, 2012; 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, 1981)
PAGE 1 OF 1 - EXHIBIT "B" TO ORDINANCE 2012-008