2015-549-Ordinance No. 2015-014 Recorded 12/31/2015 DESCHUTES RECORDS
REVIEWED WEU
NANCY BLANKENSHIP, COUNTY CLERK CJ 2015449
COMMISSIONERS' JOURNAL 12/31/2015 0810:48 AM
LE AL COUNSEL Uflj!!JUIIIIIIUiU II
203
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON
An Ordinance Amending Deschutes County Code
Title 1 1 to Incorporate "Housekeeping" Changes that * ORDINANCE NO. 2015--014
Correct Errors, Incorporate Changes to State Law,
and Provide Clarification of Existing Regulations,
Procedures, and Policies.
WHEREAS, the Deschutes County Community Development Department(CDD) initiated amendments
(Planning Division File No. 247-15-000256-TA) to the Deschutes County Code (DCC) Title 11, Chapter 11.12,
Transfer Development Credit Program to incorporate "housekeeping" changes correct errors, incorporate
changes to state law,and provide clarification of existing regulations, procedures,and policies;and
WHEREAS,the Deschutes County Planning Commission reviewed the proposed changes on August 13,
2015 and forwarded to the Deschutes County Board of County Commissioners ("Board"), a recommendation of
approval;and
WHEREAS, the Board considered this matter after a duly noticed public hearing on December 9, 2015,
and concluded that the public will benefit from the proposed changes to Deschutes County Code("DCC")Title
1 1; now,therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 11.12.020, TDC Transactions, 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 strikethrough.
///
PAGE 1 OF 2-ORDINANCE NO.2015-0I4
Section 2. FINDINGS. The Board adopts as its findings in support of this decision attached to
Ordinance 2015-018 as Exhibit"E"and incorporated by reference herein.
Dated this 2 01) of __ 6, , 2015 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
aiti4/1–
ALAN UNGER, Vice Chair
ATTEST:
(r)lite/t— \i/
Recording Secretary TAMMY=A" Y, Co a'ssioner
Date of 15t Reading: 7° day of , 2015.
Date of 2"d Reading: day of i121..,e_ . , 2015.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone ✓ -- _
Alan Unger ' ✓ _
Effective date: zb r day of '0. 1.C , 20141
PAGE 2 OF 2-ORDINANCE NO.2015-014
Chapter 11.12. TRANSFERABLE DEVELOPMENT CREDIT PROGRAM
11.12.020. TDC Transactions.
A. Sale of TDCs from the Sending Area. Either Section B or C shall be followed for the creation of TDCs,
B. Restrictive Covenant
I. The property owner or any other interested person shall request verification from the County that
the subject property is eligible for a TDC.
2. The Department shall send the property owner or interested person written verification confirming
the number of TDCs the subject property is eligible for based on the criteria in DCC 11.12.030.
3. Upon mutual agreement of a sale between the property owner and TDC purchaser, the following
transactions shall occur:
a. The property owner shall provide a TDC Report to the Department.
b. If the TDC purchaser is other than the County then the property owner and TDC purchaser shall
sign a TDC Contract form provided by the County.
c. Upon Department review and approval of the TDC Report and receipt of payment of the
consideration in accordance with the County's agreement with the property owner or the TDC
Contract pursuant to DCC 11.12.0�20(Al)(3)(b), the County shall prepare a Restrictive
Covenant that restricts development on the subject property.This Restrictive Covenant shall be
signed by the County and the property owner. The County shall record the Restrictive
Covenant.
d. Contemporaneously with the recording of the Restrictive Covenant, County shall provide the
TDC purchaser with documentation of the TDC purchase.
C. PRC.
1. The property owner or any other interested person shall request verification from the County that
the subject property is eligible for a PRC.
2. The Department shall provide the property owner or interested person written verification
confirming the subject property is eligible for a PRC based on the criteria in DCC 11.12.030.
3. The County shall grant a PRC to a developer in the Receiving Area if the developer provides one of
the following:
a. A Retrofit, in cooperation with the property owner of a property eligible for a PRC, Existing
Wastewater Treatment System and documentation submitted to the County that includes proof
of ownership of the subject property, proof of consent of the property owner for the Retrofit,
and final County inspection of the Retrofit;or
b. Payment into the County's Financial Assistance Fund the proportional cost established by
Board of County Commissioner Resolution for a Retrofit. The County's fund shall be use d to
aid property owners in reducing the overall discharge of nitrogen into the basin groundwater of
in south Deschutes County.
D. Assignment of TDCs to the Receiving Area.
1. The total number of required TDCs, including PRCs, applicable to a subdivision in the Receiving
Area shall be established and made a condition of approval at the time of tentative plan approval.
2. The tract or lot shall be located within the La Pine Neighborhood Planning Area in the La Pine
Urban Unincorporated Community and be zoned Residential General or Residential Center. The
Receiving Area is identified on a map prepared and maintained by the Department.
3. TDCs shall be assigned to a lot or tract based on the Net Developable Acres at a rate approved by
Board of County Commissioner resolution.
4. PRCs shall be assigned to a tract at a rate established by Board of County Commissioner resolution.
5. The Board may,by resolution, adjust the number of TDCs required per acre or alter the factors for
which TDCs are required in the Receiving Area.
6. At the time of final plat approval , any remaining required PRCs for the partition or subdivision
shall be divided by the number of residential lots approved for the partition or subdivision.
Page 1 of 2-EXHIBIT A OF ORDINANCE NO. 2015-014
7. The required PRCs and their cost for each lot shall be shown on the final plat.
8. Prior to issuance of a building permit for a residential lot in the Receiving Area, the Department
must have payment of the required number of PRCs for that lot.
E. Non-Residential Districts. Where permitted under DCC 18.61.050, uses in non-residential districts in
the Receiving Area do not require TDCs.
F. 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.
I (Ord. 2015-014§ 1,2015;Ord.2009-003 § 1,2008;Ord.2006-016§1,2006;Ord.2004-007 §1,2004;Ord.
2002-010 §1,2002)
Page 2 of 2-EXHIBIT A OF ORDINANCE NO. 2015-014