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HomeMy WebLinkAboutRes 020 - Update Transp System Devel Chg Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 5, 2013 _____________________________ DATE: May 29, 2013 FROM: Chris Doty, PE Road Department Phone #: 541.322.7105 TITLE OF AGENDA ITEM: Consideration of Board Signature of Resolution 2013-020, an update to the Deschutes County Transportation System Development charge methodology. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: Resolution 2013-020 revises the County's Transportation System Development Charge methodology and is a supplement to Resolution 2008-059 (original SDC resolution). A methodology revision is necessary to account for the revised Capital Improvement Plan produced throught the recent Transportation System Plan process, coupled with revised growth projections within the unincorporated area of Deschutes County. FISCAL IMPLICATIONS: The proposed SDC will primarily affect residential development via a 20% decrease in the existing rate. This decrease has been budgeted within the proposed FY 14 Road Department budget. RECOMMENDATION & ACTION REQUESTED: Approval is recommended via the following motion: "I move to approve Resolution 2013-020, updating the Deschutes County Transportation System Development Charge". ATTENDANCE: Chris Doty, Road Department Director DISTRIBUTION OF DOCUMENTS: Information to be reviewed includes the following: 1. Resolution 2013-020 a. Exhibit A to Resolution 2013-020 (Methodology Report dated April 5, 2013) i. Exhibit A-1: CDD Growth Rate Projection ii. Exhibit B: 2012 Transportation CIP List (per TSP) iii. Exhibit C: Transportation SDC Rate Sheet iv. Exhibit D: SDC Policy Issues Memorandum (February 12, 2013) Page 1 of 11 – Resolution 2013-020 (06/05/13) For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution to Modify the Transportation System Development Charges Established by Resolution No. 2008-059 for Properties Within Unincorporated Deschutes County. * * * RESOLUTION NO. 2013-020 WHEREAS, the Deschutes County Board of County Commissioners (“Board”) held a duly noticed public hearing on June 5, 2013, to consider modifying the transportation system development charge (“SDC”) originally established by Resolution No. 2008-059 to help fund transportation projects that are necessary to serve the existing and growth-related needs in the unincorporated areas of the county; and WHEREAS, ORS 223.297 through 223.314 authorize governmental units to establish and modify transportation system development charges; and WHEREAS, system development charges are incurred upon the decision to develop property at a specific use, density and/or intensity, and the incurred charge equals, or is less than, the actual cost of providing public facilities commensurate with the needs of the chosen use, density and/or intensity; and WHEREAS, system development charges are separate from and in addition to any applicable tax, assessment, charge, fee in lieu of assessment, or other fee provided by law or imposed as a condition of development; and WHEREAS, system development charges are fees for services because they are based upon a development’s receipt of services considering the specific nature of the development; and WHEREAS, system development charges are imposed on the activity of development, not on the land, owner, or property, and, therefore, are not taxes on property or on a property owner as a direct consequence of ownership of property within the meaning of Section 11, Article XI of the Oregon Constitution or the legislation implementing that section; and WHEREAS, revenues from the system development charges are to be used for capital improvements in the unincorporated areas outside the cities of La Pine, Sisters, Redmond and Bend; and WHEREAS, the methodology proposed by Deschutes County Road Department (“Department”) staff, identifies the uses of an “improvement fee” SDC, and a “reimbursement fee” SDC, and considers the transportation capital improvement needs of the unincorporated county; and WHEREAS, the methodology proposes applying the SDCs to future development of properties within the unincorporated county and outside the cities of Sisters, La Pine, Redmond and Bend; and WHEREAS, the Board determined that it is in the public interest to provide transportation capital facilities through the use of general county revenues, SDCs, and matching funds from the State of Oregon; now, therefore, REVIEWED ______________ LEGAL COUNSEL Page 2 of 11 – Resolution 2013-020 (06/05/13) BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The Board in Resolution No. 2008-059 adopted the report, titled Transportation System Development Charge Study prepared by FCS Group Inc. and DKS Associates, dated March 2008 (FCS Group Report) which is hereby amended by a report titled “Transportation System Development Charge Update”, dated April, 2013, prepared by Deschutes County Road Department, attached as Exhibit “A” and incorporated by reference (herein “Methodology” or “Methodology Report”). In the event of a conflict between the FCS Report and Methodology Report, the latter shall control. The Board authorizes the assessment and collection of transportation system development charges in the unincorporated areas of Deschutes County. Section 2. The Board adopts the System Development Charge Project List, attached as Exhibit “B,” and incorporated by reference (“Capital Improvement Plan”). The Capital Improvement Plan hereby supersedes the capital improvement plan which was adopted as part of Resolution No. 2008-059. Section 3. DEFINITIONS. (A) “Applicant” shall mean the owner or other person who applies for a building or development permit in the unincorporated areas of Deschutes County outside the boundaries of the cities of La Pine, Sisters, Redmond and Bend. (B) “Building” shall mean any structure, built for the support, shelter or enclosure of persons, chattels or property of any kind. (C) “Building Permit” shall mean an official document or certificate authorizing the construction or siting of any building. (D) “Capital Improvement” shall mean a public facility or asset used for Transportation in the unincorporated areas outside the urban growth boundaries of the cities of La Pine, Sisters, Redmond and Bend. (E) “Citizen or Other Interested Person” shall mean any person whose legal residence is within the unincorporated areas of Deschutes County outside the urban growth boundaries of the cities of La Pine, Sisters, Redmond and Bend, as evidenced by registration as a voter, or by other proof of residency; or a person who owns, occupies, or otherwise has an interest in real property which is located within the unincorporated area of Deschutes County outside the urban growth boundaries of the cities of La Pine, Sisters Redmond and Bend. (F) “County” shall mean Deschutes County, Oregon. (G) “Department” shall mean the Deschutes County Road Department. (H) “Development” shall mean a building or other land construction, or making a physical change in the use of a structure or land, in a manner which increases the usage of any capital improvements or which may contribute to the need for additional or enlarged capital improvements. (I) “Development Permit” shall mean an official document or certificate, issued by Deschutes County, other than a building permit, authorizing development. (J) “Encumbered” shall mean monies committed by contract or purchase order in a manner that obligates the County to expend the encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property provided by a vendor, supplier, contractor or Owner. (K) “Improvement Fee” shall mean a fee for costs associated with capital improvements to be constructed after the effective date of this resolution. Notwithstanding anything in this resolution Page 3 of 11 – Resolution 2013-020 (06/05/13) to the contrary, it is an incurred charge or cost based upon the use of or the availability for use of the systems and capital improvements required to provide services and facilities necessary to meet the routine obligations of the use and ownership of property, and to provide for the public health and safety upon development. (L) “Manufactured Housing” shall mean a dwelling unit constructed primarily off-site and transported to another site for use. A unit located in a designated mobile home park shall be considered a manufactured housing dwelling unit; otherwise a manufactured housing unit shall be considered a single-family dwelling unit. (M) “Multi-family housing” shall mean attached residential dwelling units. (N) “Occupancy Permit” shall mean an official document or certificate authorizing the occupation or use of any building or improvement authorized by a building permit. (O) “Owner” shall mean the person holding legal title to the real property upon which development is to occur. (P) “Person” shall mean an individual, a corporation, including without limitation, limited liability corporation, a partnership, an incorporated association, or any other similar entity. (Q) “Qualified Public Improvement” shall mean a capital improvement that is: (1) Required as a condition of development approval; and (2) Identified in the capital improvement plan adopted pursuant to this resolution; and either: (a) Not located on or contiguous to property that is the subject of development approval; or (b) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related. (R) ”Reimbursement fee” means a fee for costs associated with capital improvements constructed or under construction by the County on the effective date of this resolution. (S) “Road Department Director” or “Director” shall mean the appointed Road Department Director of Deschutes County, Oregon or the Director’s designee. (T) “Single-family housing” shall mean a detached residential dwelling unit located on an individual lot. (U) “System Development Charge” or “SDC” shall mean a reimbursement fee, an improvement fee, or a combination thereof and an administrative recovery charge, assessed or collected at the time of increased usage of a capital improvement or issuance of an occupancy permit. System development charges are separate from and in addition to any applicable tax, assessment, fee in lieu of assessment, or other fee or charge provided by law or imposed as a condition of development. (V) “System Development Charges Methodology” shall mean the methodology set forth in the FCS Group Report as modified by the Methodology Report. Section 4. APPLICABILITY. Page 4 of 11 – Resolution 2013-020 (06/05/13) (A) A Transportation System Development Charge is hereby assessed and imposed upon all new development for which a building permit or a development permit is required and issued within all unincorporated areas of the County outside the cities of La Pine, Sisters, Redmond and Bend. From and after assessment, the transportation system development charge shall run with the property, not with any structure attached to the property. Development shall mean and include new construction, alteration, expansion or replacement of a building or dwelling unit. Non- residential, farm-related buildings for growing and/or storing agricultural products to be used on site, and that do not generate additional commercial traffic, are exempt. (B) Consideration of existing use. 1) If construction, alteration, expansion, replacement, or change-of-use results in an increase in the calculated number of peak hour trips generated by the development or the property on which the development is located, as compared to the pre-development number of calculated peak hour trips, then a new Transportation SDC shall apply. The amount of the system development charge to be paid shall be the difference between the calculated trips generated from the proposed development and the calculated trips generated from the property prior to the construction, alteration, expansion or replacement. If the change in use results in a Transportation SDC for the proposed use which is less than the Transportation SDC for the use being replaced, then no new or additional SDC shall be assessed and no refund or credit shall be given. 2) If the previous development or prior use of the property, which was not subject to SDC payment, has been abandoned for at least two consecutive years, as determined by the Community Development Department under the County Code, then no consideration of existing use shall occur and a new SDC assessment shall apply. 3) Previously paid SDCs shall be credited to the property regardless of any period of abandonment. The credit shall be based on the number of PM peak hour trips generated by the development at the time of original SDC assessment. (C) The Transportation System Development Charges (SDC’s) shall be determined as follows: (1) For those land-use categories which are specifically identified in the most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual or the Methodology Report adopted pursuant to this resolution, the SDC amount shall be determined as identified in the Methodology Report, unless otherwise approved by the Director. (2) For land-use categories for which no trip generation rate is included in the Methodology Report (or ITE Trip Generation Manual), the Director shall use the land-use category identified in the Methodology Report (or ITE Trip Generation Manual) that is most similar to the subject land use category and apply the corresponding trip generation rate. The Director may consider seasonal and/or cyclical variations to adjust the calculation of peak hour trip rates. An applicant who disagrees with the Director’s decision may appeal this decision as outlined in Section 12 of this Resolution. (D) Applicants may submit a request for an alternative trip generation rate and corresponding system development charges for a development, subject to the following conditions: (1) In the event an applicant believes that the trip generation impact on County capital improvements resulting from the development is less than the trip generation rates used to establish the SDC fee established by this Resolution, the applicant may submit a calculation for an alternative system development charge to the Director, but no later than the issuance of a building permit. Page 5 of 11 – Resolution 2013-020 (06/05/13) (2) The alternative system development charges rate calculations shall be based on data, information and assumptions contained in this Resolution and the Methodology or an independent source, provided that the independent source is: (a) a study supported by a data base adequate for the conclusions contained in such study; (b) the study is performed using a generally accepted methodology and is based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics; (c) The demonstrated number of peak hour trips is at least ten (10%) p ercent less than the number of peak hour trips set forth in the Methodology Report or otherwise calculated by the Director pursuant to subsection (B) of this Section; and (d) the demonstrated number of peak hour trips shall be documented by a registered traffic engineer or otherwise qualified professional engineer. (3) The Director shall issue a written decision within ten (10) working days from the date of receipt of a complete application and shall notify the applicant by regular mail. (4) If the Director determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates satisfy the requirements of this subsection and have been timely submitted, the alternative system development charges rates shall be paid in lieu of the rates set forth in or otherwise determined by the Director under this Resolution. (5) If the Director determines that the data, information and assumptions utilized by the applicant to calculate the alternative system development charges rates do not satisfy the requirements of this subsection or have not been timely submitted, the Director shall deny the application and apply the rates established by the Director. (E) Subject to the provisions of this Resolution, the County hereby assesses and shall collect a transportation system development charge (“SDC”) on the following schedule: (1) at the initial rate of $3,758 per PM peak hour trip, consisting of a $3,625 improvement fee, a $86 reimbursement fee, and a $47 administrative recovery charge. (E) For SDC’s that have been assessed, but not yet been paid as of the effective date of this Resolution, the property owner shall pay the lesser of the applicable SDC charge determined under Resolution No. 2008-059 or this Resolution. (F) Unless otherwise adjusted by order of the Board of County Commission, on each succeeding July 1 after 2014, the SDC, consisting of the improvement fee, the reimbursement, if any and the administrative recovery charge shall be adjusted by the annual percentage increase or decrease in the construction cost index, published in the immediately preceding January by the Engineering News Record for the City of Seattle, Washington. The calculation shall use the immediately preceding July 1 and the then-applicable rate per peak hour trip as the starting point. Section 5. COLLECTION. (A) The Transportation SDC’s shall be collected and paid in full no later than the date of submittal of an application for an occupancy permit. An applicant may elect to pay an SDC over a ten-year period under the provisions of DCC 15.12.060. Page 6 of 11 – Resolution 2013-020 (06/05/13) (B) In cases where an occupancy permit is not required, the Transportation SDC shall be collected and paid in full no later than the date on which the property is used in the manner approved by the development permit. An applicant may elect to pay an SDC over a ten-year period under the provisions of DCC 15.12.060. (C) Notwithstanding the receipt of an occupancy permit or the use of the property pursuant to a development permit without payment of the SDC, the SDC liability shall survive and be a personal obligation of the permittee. (D) Intentional failure to pay the SDC within sixty (60) days of the due date shall result in a penalty equal to fifty percent (50%) of the SDC. Interest shall accrue on and after 60 days after the due date at the rate of nine (9%) percent per annum. (E) In addition to an action at law and any statutory rights, the County may: (1) Refuse to issue a Certificate of Occupancy; (2) Refuse to issue any permits of any kind to the delinquent permittee for any development; (3) Condition any development approval of the delinquent permittee on payment in full, including penalties and interest; (4) If the property becomes occupied prior to issuance of a Certificate of Occupancy, initiate code enforcement proceedings; (5) For purposes of this section, delinquent permittee shall include any person controlling a delinquent corporate permittee and, conversely, any corporation controlled by a delinquent individual permittee. Section 7. CREDITS FOR DEVELOPER CONTRIBUTIONS OF QUALIFIED PUBLIC IMPROVEMENTS. (A) The County may grant a credit against the improvement fee portion, if any, of system development charges imposed pursuant to this Resolution for the construction of any qualified public improvement. (B) Prior to issuance of a development permit, the applicant shall submit to the County a proposed plan and estimate of cost for the applicant to construct one or more qualified public improvements. The proposed plan and estimate shall include: (1) a designation of the development project for which the proposed plan is being submitted; (2) a legal description of any land proposed to be donated, if any, and documentation as to the seller and purchase price; (3) a list of the contemplated capital improvements contained within the development plan; (4) an estimate of construction costs for the contemplated capital improvements certified by a professional architect or engineer; and (5) a proposed time schedule for completion of the proposed capital improvements. (C) The credit provided for construction of a qualified public improvement shall be only for the cost of that portion of such improvement that exceeds the minimum standard facility size and must be designed and constructed to provide additional capacity to meet projected future transportation Page 7 of 11 – Resolution 2013-020 (06/05/13) needs. Projected future transportation needs shall be determined by reference to the Deschutes County Transportation System Plan. Improvements that address capacity deficiencies existing at the time of development are not eligible. In the case of improvements addressing both capacity deficiencies and adding future capacity, only that portion providing future capacity is eligible. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit. (D) The Director is authorized to determine that the timing, location, design and scope of proposed improvement is consistent with and furthers the objectives of the County’s capital improvements program and either: (1) the improvement is required to fulfill a condition of development approval; or (2) the improvement is within the impact area of the development. For purposes of this section, impact area is that geographic area determined by the Director in which the estimated peak hour traffic to be generated by the development exceeds ten (10%) percent of the existing average peak hour traffic. Existing traffic volumes shall be those observed and measured within six months prior to filing the development application, adjusted for daily and seasonal traffic variations using factors provided by the Director. (E) Credit eligibility shall be determined by the Director. In addition to meeting the standards of this section, the following shall control: (1) No credits shall be issued for design or construction costs associated with landscaping, street lighting, storm sewers, sidewalks, and erosion control; or sound walls, berms or other such mitigation devices. (2) Road right-of-way required to be dedicated pursuant to the applicable comprehensive plan or development condition is not creditable. The reasonable market value of land purchased by the applicant from a third party that is necessary to complete a required off-site improvement is creditable. The Director may require an applicant at the applicant’s expense to furnish an appraisal to determine the market value of such property. (3) No credit shall granted for utility relocation except for that portion which otherwise would have been the legal obligation of the County pursuant to a tariff, easement or similar relationship if the project had been undertaken by the County. (4) No credit shall be granted for minor realignments not designated on the comprehensive plan. (5) No more than 13.5 percent of the total eligible construction cost shall be creditable for survey, engineering, inspection and permit fees. (F) All requests for credit vouchers must be in writing and filed with the Director not more than 90 days after County acceptance of the improvement. Improvement acceptance shall be in accordance with the County’s policies, practices, procedures and standards. The amount of any credit shall be determined by the Director and based upon the subject improvement construction contract documents, or other relevant information, provided by the applicant for the credit. Upon a finding by the Director that the contract amounts exceed prevailing market rates for a similar project, the credit shall be based upon market rates. The Director shall provide the applicant with a credit voucher, on a form provided by the Department. The original of the credit voucher shall be retained by the Department. The credit voucher shall state a dollar amount that may be applied only against the SDC otherwise imposed by the County against the subject property. In no event shall a subject property be entitled to redeem credit vouchers in excess of the SDC imposed. Page 8 of 11 – Resolution 2013-020 (06/05/13) Under no circumstances will the County be required to pay an applicant in cash, as consideration for the improvement. This paragraph applies only to issuance of credit vouchers and does not extend the deadline for credit redemption or otherwise modify the credit redemption deadline. (G) Credits shall be apportioned against the property which was the subject of the application to construct an improvement eligible for credit. Unless otherwise requested, apportionment against lots or parcels constituting the property shall be proportionate to anticipated average peak hour trips generated by the respective lots or parcels. Upon written application to the Director, however, credits shall be reapportioned from any lot or parcel to any other lot or parcel within the confines of the property originally eligible for the credit. Reapportionment shall be noted on the original credit voucher retained by the Department. (H) Any credits issued pursuant to this Resolution are assignable, however, they shall apply only to that property subject to the original condition for land use approval upon which the credit is based or any partitioned or subdivided parcels or lots of such property to which the credit has been apportioned. Credits shall only apply against SDC’s, are limited to the amount of the improvement fee attributable to the development of the specific lot or parcel for which the credit is sought, and shall not be a basis for any refund. (I) Any credit must be redeemed not later than the issuance of the occupancy permit. The applicant is responsible for presentation of any credit prior to issuance of the occupancy permit. Under no circumstances shall any credit redemption be considered after issuance of an occupancy permit. (J) Credit vouchers shall expire on the date ten (10) years after the acceptance of the applicable improvement by the county. No extension of this deadline shall be granted. Section 8. FUND ESTABLISHED. The County hereby establishes a fund to be designated as the “Countywide Transportation SDC Improvement Fee Fund,” (herein Transportation SDC Fund or the Fund). (A) All SDC payments shall be deposited into the Transportation SDC Fund immediately upon receipt. (B) The monies deposited into the Fund designated as the “Countywide Transportation SDC Improvement Fee Fund,” including interest on the Fund, shall be maintained separate and apart from all other accounts of the County and shall be used solely for the purpose of providing the capital improvements that provide for the increased capacity necessitated by new development, including but not limited to: (1) Design and construction plan preparation; (2) Permitting and fees; (3) Property acquisition, including any costs of acquisition, relocation or condemnation; (4) Construction of capital improvements; (5) Design and construction of storm and surface water drainage facilities associated with the construction of capital improvements and structures; (6) Relocating utilities associated with the construction of improvements and structures; (7) Landscaping within the right of way or upon property distur bed by the construction of capital improvements; (8) Capital construction management and inspection; Page 9 of 11 – Resolution 2013-020 (06/05/13) (9) Surveying, soils and material testing; (10) Acquisition of capital equipment used on association with capital construction or road maintenance or both; (11) Repayment of monies transferred to or borrowed from any budgetary fund of the County, including interest, which were used to fund any of the capital improvements as herein provided; (12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the County to fund capital improvements; (13) Direct costs of complying with the provisions of ORS 223.297 to 223.314, including the consulting, legal, and administrative costs required for developing and updating the SDC, the methodology, resolution, and capital improvements master plan; administration of credit applications and apportionment; and the costs of collecting SDC’s and accounting for SDC receipts and expenditures. Section 9. INVESTMENT OF TRANSPORTATION SDC FUND REVENUE. (A) Any funds on deposit in Transportation SDC Fund that is not immediately necessary for expenditure shall be invested by the County. (B) All income derived from such investments shall be deposited in the appropriate SDC trust fund and used as provided herein. Section 10. ANNUAL ACCOUNTING REPORTS. The Director shall prepare an annual report accounting for SDC funds received, including the total amount of SDC improvement fee revenue collected in each fund, and expenditures. Section 11. CHALLENGE OF EXPENDITURES. (A) Any citizen or other interested person may challenge an expenditure of SDC revenues. (B) Such challenge shall be submitted, in writing on a form approved by the County, to the Department for review within two (2) years following the subject expenditure, and shall include the following information: (1) The name and address of the citizen or other interested person challenging the expenditure; (2) The amount of expenditure, the project, payee or purpose, and the approximate date on which it was made; and (3) The reason why the expenditure is being challenged. (C) If the Director determines that the expenditure was not made in accordance with the provisions of this resolution and other relevant laws, a reimbursement of SDC fund revenues from other funds shall be made within one (1) year following the determination that the expenditure was not appropriate. (D) The County shall make written notification of the results of the expenditure review to the citizen or other interested person who requested the review within ten (10) days of completion of the review. Section 12. APPEALS AND REVIEW HEARINGS. Page 10 of 11 – Resolution 2013-020 (06/05/13) (A) An applicant who is required to pay system development charges shall have the right to request a hearing to review a decision only in the following matters: (1) A land-use category and/or seasonal/cyclical variations used by the Director to determine the SDC amount pursuant to Section 4. (2) An alternative rate calculation pursuant to subsection (C) of Section 4. (3) A proposed credit for contribution of qualified public improvements pursuant to Section 7. (B) Such hearing shall be requested by the applicant within thirty (30) days of the date of first receipt of the Director’s decision. Failure to request a hearing within the time provided shall be deemed a waiver of such right. (C) The request for hearing shall be filed with the Director and shall contain the following: (1) The name and address of the applicant; (2) The legal description of the property in question; (3) If issued, the date the building permit or development permit was issued; (4) A brief description of the nature of the development being undertaken pursuant to the building permit or development permit; (5) If paid, the date the system development charges were paid; and (6) A statement addressing the decision subject to review set forth in subsection (A) of this section and the reasons why the applicant is challenging the decision. (D) Upon receipt of such request, the County shall schedule a hearing before the Board of Commissioners at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant written notice of the time and place of the hearing. Such hearing shall be opened within forty-five (45) days of the date the request for hearing was filed. (E) Such hearing shall be before the Board of Commissioners and shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedures and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. (F) Appeal of the decision of the Board shall be made to the Circuit Court of Deschutes County. Section 13. FULL FORCE AND EFFECT. If any clause, section or provision of this resolution shall be declared unconstitutional or invalid, the remaining portions of said resolution shall be in full force and effect and be valid as if such invalid portion had not been adopted. Nothing contained herein shall be construed as invalidating any assessment or collection of system development charges pursuant to Resolution No. 2008-059, nor any project funded in whole or in part with funds collected thereunder. In addition, all funds assessed and collected pursuant to Resolution No. 2008-059, which have not been committed, shall be treated in the same manner as funds received pursuant to Section 8 of this Resolution. Section 14. EFFECTIVE. This resolution is effective immediately upon adoption by the Board of County Commissioners. The SDC established by Resolution No. 2008-059 shall first apply to building permits for which a building permit application is accepted by the County as complete on and after October 1, 2008. The Page 11 of 11 – Resolution 2013-020 (06/05/13) SDC established by Resolution No. 2013-020 shall first apply to building permits or development approvals for which a building permit or development application was accepted by the County as complete on and after the effective date of this resolution. DATED this _____ day of ____________________, 2013. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON _____________________________________________ ALAN UNGER, Chair _________________________________________ TAMMY BANEY, Vice Chair ATTEST: ______________________________ Recording Secretary _________________________________________ ANTHONY DEBONE, Commissioner TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE (Methodology Report) By Chris Doty, PE/PTOE, Road Department Director April 5, 2013 With the recent County approval and State acknowledgement of the County’s new Transportation System Plan (TSP), the County’s Transportation System Development Charge (SDC) must be updated to reflect a new Capital Improvement Plan (CIP) contained within the TSP as well as modified growth projections through the year 2030. Background: In July of 2008, the Board of County Commissioners approved Resolution 2008-059 which established a countywide Transportation SDC. The passage of the Resolution concluded a public process primarily involving the Deschutes County Transportation SDC Stakeholders Advisory Committee. The Committee recommended a SDC methodology and final SDC rate based upon the best available data regarding needed transportation projects and growth projections. A primary component of the SDC methodology and rate is the Road Department’s CIP which establishes the planned transportation projects necessary to accommodate growth and system improvement throughout a 20-year planning horizon. On August 20, 2012, the Board of County Commissioners approved an update to the County’s TSP. The update includes a new Transportation CIP. The revised CIP contains significant changes in planned projects through the year 2030. The current SDC methodology calculates an improvement fee (no reimbursement fee1) based on the number of PM peak hour trips added to the transportation system. The formula is as follows: 1 The current SDC methodology does not contain a reimbursement fee portion; however Resolution 2008-059 (and supporting documents) describes a “placeholder” methodology for future consideration of a reimbursement SDC. EXHIBIT A TO RESOLUTION 2013-020 Transportation SDC Update: April 5, 2013 Page 2 The existing SDC methodology calculates the SDC eligible cost of planned capital improvements at approximately $55M (of $280M in total project cost). The existing SDC methodology also assumes growth, measured in the estimated number of daily peak hour trips added to the system, at approximately 15,200. The resulting SDC, updated several times through inflation adjustments, stands at $3,673 per PM peak hour trip (including $47/PM peak hour trip administration fee). SDC Committee: On February 12 and February 26th 2013, the County’s SDC Committee met to review an update proposal based on a new CIP and revised infrastructure growth estimates. The SDC Committee was comprised of the following members: Paul Dewey, Central Oregon Landwatch Chris Doty, Deschutes County Road Department Director Andy High, Central Oregon Builders Association Steve Hultberg, Radler, White and Alexander Gary Miller, Special Road District #8 Bill Robie, Central Oregon Realtors Association Peter Russell, Deschutes County, Senior Transportation Planner Dale Van Valkenburg, Brooks Resources Mike Williams, Hooker Creek In addition to reviewing and recommending adoption of: 1. A revised infrastructure growth estimate a. With new methodology for estimating system trip generation. 2. A project list (CIP) a. With growth’s portion of improvements identified. The SDC Committee also reviewed the following elements related to the SDC methodology: 3. Consistency within the methodology as it relates to resort versus non-resort single- family residential dwelling units. 4. Transportation SDC Recommendation a. Reimbursement fee SDC Portion b. Improvement fee SDC Portion c. Total Transportation SDC 5. SDC Resolution related clarifications pertaining to: Transportation SDC Update: April 5, 2013 Page 3 a. Establishment that SDCs are assigned to land rather than structure. b. Timeframe to declare abandonment of use. c. Clarification of how to charge Home Occupations. d. How to address illegal use. e. How to address change of use. f. How to adopt changes/updates to the Institute of Transportation Engineers’ Trip Generation Manual. In establishing items 1-5 above, the SDC Committee arrived at a new SDC rate. The SDC Committee achieved full consensus on the above issues as follows: Item 1 and 1a: Infrastructure Growth Estimate Similar to the estimate calculated in Resolution 2008-059, the growth in transportation system use utilized a residentially based background trip generation estimate, then calculated system growth across the 20-year planning period utilizing an estimated growth rate. Based on recent Census and historical permit data, the Deschutes County Community Development Department (CDD) has estimated an unincorporated area growth rate of 1.0% per year (2010 to 2030). See Exhibit A-1. To calculate the background system use in 2010 (as a baseline for estimating future growth), a “blended” residential trip generation rate was created and utilized to account for Deschutes County’s unique high percentage of secondary home development. The blended residential trip rate is calculated as follows: Blended Single-Family Residential Trip Generation Rate Calculation Land Use ITE #/Type PM peak hour trips/unit % of Total Use in Des. County Rate Single Family Residential (primary housing) #210 Single Family Detached Housing 1.00 74% 0.74 Single Family Residential (Secondary/resort housing) #260 Recreational Homes 0.26 26% 0.07 Total “Blended” Trip Generation Rate per Residential Dwelling Unit (PM Pk Hr) 0.81 Transportation SDC Update: April 5, 2013 Page 4 The blended trip generation rate resolves the prior issue of methodology inconsistency between residential uses contained within, or outside of, a Goal 8 destination resort. The blended rate is a global rate of the average trip generation of a dwelling unit in Deschutes County that will be applied to all building permits for single-family residences (inside and outside of resorts). Utilizing 2010 Census and CDD permit data, the 20-year growth in system use within the unincorporated area is estimated per the following tables: Growth in Residential Development Land Use # Units 2010 # Units 2030 (1% per year for 20 years) Growth in Units Single Family (SF) Residential 31,013 37,836 6,823 Growth in System Use (Residential Based at 0.81 PM peak hour trips/unit) Land Use # of PM Peak Hour Trips (2010) # of PM Peak Hour Trips (2030) Growth in # of PM Peak Hour Trips Growth (2010 to 2030) as a percent of total system use. SF Residential 25,120 30,645 5,525 18.0% Total Growth Related Trips added to System (2010 to 2030) Land Use Growth Related PM peak hour trips Residential 5,525 Non-Residential (Commercial, etc.) *Estimated at 10% of residential trips per 2009 to 2013 SDC collection data 553 Total 6,078 Based on a revised growth estimate and a modified trip generation rate, growth within the unincorporated area of Deschutes County is anticipated to add 6,078 PM peak hour trips to the transportation system by 2030. This growth is estimated to account for an 18.0% increase in transportation system use. Item 2 and 2a: Capital Improvement Plan/Project List and Growth’s Portion of Planned Projects Utilizing the CIP (with minor modifications) contained within the recently approved TSP, the SDC Committee assigned growth’s share of planned projects primarily based on the methodology and rationale established in Resolution 2008-059. Transportation SDC Update: April 5, 2013 Page 5 Exhibit B is the recommended Project List with identified SDC funding apportionment based on the SDC Committee’s recommendation in the following categories: SDC Eligible Expense by Project Category Project Category Project Cost % SDC Eligible Total $ SDC Eligible County Intersection Projects $7.08M 100% $7.08M System Management $0.2M 0% $0 State Highway Segments $125.10M 0% $0 State Highway Intersections $115.55M 2.7% $3.12M County New Segments $3.46M 100% $3.46M County Modernization Projects $34.49M 18% $6.21M Forest Highway Projects $15.4M 10% $1.54M Bike/Ped Projects $0.57M 0% $0 Bridge Projects $3.44M 18% $0.62M TOTAL Project Cost $305.3M $22.03M The SDC Committee followed the prior methodology and rationale for assignment of SDC eligible expense (growth’s portion) as established in Resolution 2008-059, with one exception (Forest Highway Projects). County Intersection Projects and New County Road Segments remain funded at 100% via growth. County Modernization Projects and Bridge Projects are funded based on growth’s proportional impact to background use – which has been revised to 18.0%. State Highway Intersection Projects (intersecting County facilities) are funded at 2.7%. This is based on a percent of a percent. The County’s share of an intersection’s is 15%. Assuming growth accounts for 18% of the new use of the intersection, then 2.7% is 18% of the total County share of 15%. System Management, State Highway Segments, and Bike/Ped Projects (mostly sidewalk) do not have any funding assigned to growth. Transportation SDC Update: April 5, 2013 Page 6 Within the existing SDC methodology, Forest Highway Projects were not assigned any growth-related SDC expense as previously the Federal Forest Highway Program fully funded Forest Highway reconstruction and modernization projects. With passage of the federal transportation bill, MAP-21, Forest Highway projects now require a 10% local match. As Forest Highway Projects are similar to County Modernization Projects (18% growth attributable), the SDC Committee has accepted a staff recommendation of a 10% allocation attributable to growth – equal to the match requirement. In summary, the SDC Committee has recommended a growth-related allocation of approximately $22.2M of the $305.3M project list. Of the $305.3M in projects contained on the list, approximately $64.6M are County system related projects and $240.7M are State Highway projects planned within Deschutes County. Item 3: Consistency within the methodology as it relates to resort versus non-resort residential dwelling units. The prior SDC rate approved in Resolution 2008-059 contained inconsistencies within the methodology report regarding the estimated impact of destination resort development versus the SDC that was applied at time of development. These inconsistencies were noted and arguments were made that single-family residential development within destination resort communities should pay lower SDCs due to observed lower trip generation rates. To address this inconsistency, staff proposed a “blended” single-family residential trip generation rate which assumes and/or acknowledges the following: 1. Lower trip generation rates observed within destination resorts are primarily a function of secondary home development. 2. Secondary home development is not exclusive to Goal 8 destination resorts within Deschutes County. 3. Primary single-family home development is generally not restricted or prohibited within destination resort communities. 4. It is not practical to assign or predict which single-family residences are or will remain secondary homes in perpetuity. 5. Approximately 74% of single-family residential units in Deschutes County are primary residences and 26% are secondary residences (or “recreational” homes). 6. The Institute of Transportation Engineers’ Trip Generation manual provides trip generation rates for traditional single-family residential development (ITE land use #210) and secondary or recreation home development (ITE land use #260). In consideration of these assumptions and acknowledgements, a weighted or “blended” trip generation rate was calculated as previously outlined in Item #1a. The blended residential trip rate is calculated as follows: Transportation SDC Update: April 5, 2013 Page 7 Blended Single-Family Residential Trip Generation Rate Calculation Land Use ITE #/Type PM peak hour trips/unit % of Total Use in Des. County Rate Single Family Residential (primary housing) #210 Single Family Detached Housing 1.00 74% 0.74 Single Family Residential (Secondary/resort housing) #260 Recreational Homes 0.26 26% 0.07 Total “Blended” Trip Generation Rate per Residential Dwelling Unit (PM Pk Hr) 0.81 Given the existing blend of residential use observed within Deschutes County, the blended residential trip rate provides a reasonable rate for calculation of existing transportation system use. With an assumption that future development patterns will closely resemble the existing residential development composition (primary vs secondary home development), the blended trip generation rate provides a reasonable predictor for future system use. As proposed by staff and approved by the SDC Committee, the trip generation rate for all single-family residential development in unincorporated Deschutes County is recommended to be 0.81 PM peak hour trips per dwelling unit. Item 4a-c: Transportation SDC Recommendation ORS 223.297-223.314 defines SDCs and provides the framework for how they are calculated and applied, as well as accounted for. The SDC is comprised of two components: the improvement fee portion and the reimbursement fee portion. The improvement fee portion is designed to capture costs associated with growth’s share of future projects. The reimbursement fee portion is designed to recover costs of capital improvements already constructed, but used by future growth. The SDC methodology established in Resolution 2008-059 utilized an improvement fee portion, but deferred establishment of a reimbursement fee portion until the County has a justifiable cost basis for doing so, as follows: Transportation SDC Update: April 5, 2013 Page 8 “Due to the fact that the existing County transportation system has been funded by a combination of tax sources and other “general” funds, the County should forgo charging a reimbursement fee as a part of its initial transportation SDC. A reimbursement fee methodology or formula should be included in the analysis and report in order to allow the County to add a reimbursement fee when it later develops a basis for such a fee.” The reimbursement fee portion methodology established in Resolution 2008-059 is as follows: Reimbursement Fee Portion: The SDC Committee reviewed the above methodology as well as a record of SDC expenditures from 2009 to present (FY 13) and recommended approval of a reimbursement fee portions as follows: Improvement Fee Portion: In contemplation of the CIP (Project List) and growth’s recommended portion of planned projects as well as the revised growth projects for transportation system use, the SDC Committee recommended the following improvement fee portion: 2 Total Transportation SDC: The total recommended Transportation SDC is: 2 Including the existing $47 per PM peak hour trip administrative recovery fee, established in Resolution 2008-059. Transportation SDC Update: April 5, 2013 Page 9 Exhibit C contains an updated listing of SDC rates for various land uses utilizing the 9th Edition of the Institute of Transportation Engineers’ Trip Generation Manual. Item 5a through 5f: Other Modifications and Clarifications to the SDC Resolution The SDC Committee reviewed staff recommendations pertaining to requested modifications and clarifications within the SDC Resolution based on issues that have been raised since implementation of Resolution 2008-059. The SDC Committee approved a staff proposal3 to address the following in the new SDC Resolution: a. Establish that SDCs run with the land. b. Declare that uses which have been abandoned for more than two (2) consecutive years are not eligible for any credit for existing use. c. Establish that: i. Type I home occupations have negligible impact and pay no SDC ii. Type II home occupations have a 0.5 PM peak hour trip impact and pay the according SDC for 0.5 PM peak hour trips. iii. Type III home occupations have a 1.0 PM peak hour trip impact and pay the according SDC for 1.0 PM peak hour trips. d. Address illegal use issues through code enforcement and require payment of SDC. e. Establish that SDC payment be required of development applications (not just those requiring a building permit) for change of use which result in increasing use of the transportation system. f. Reference the applicability of subsequent updates of the ITE Trip Generation Manual. Exhibits/Attachments: Exhibit A-1: DC CDD Growth Rate Projection Letter Exhibit B: Project List (Capital Improvement Plan) Exhibit C: Transportation SDC Rate Sheet Exhibit D: February 12, 2013 Memo to SDC Committee (Proposals on several SDC Policy Issues) 3 See Peter Russell Memo, dated February 12, 2013, Re: Proposals on several SDC Policy Issues DRAFT DC Transportation CIP and SDC Project List RESOLUTION 2013-020 EXHIBIT B shade areas = contained in Res. 2008-059 project list Current Existing County SDC Com. Rec Proposed Functional Road Standard Construction Engineering &Project SDC Eligible Road Name From To Treatment Class Section (ft.)Section (ft.)Cost Administration cost cost Priority County Improvement Projects (intersection only) Intersection Location 100% POWELL BUTTE HWY./NEFF-ALFALFA MKT. ROAD Rural/Bend Area Install Roundabout Arterial/Arterial 720,000$ 180,000$ 900,000$ 900,000$ High POWELL BUTTE HWY./BUTLER MARKET ROAD Rural/Bend Area Install Roundabout Arterial/Arterial 720,000$ 180,000$ 900,000$ 900,000$ High BURGESS RD AT DAY RD Rural / South County Area Add turn lanes to Burgess Road Arterial/Collector 225,000$ 56,250$ 281,250$ 281,250$ Medium OLD REDMOND-BEND HWY AT TUMALO RD Rural / Tumalo Area Add turn lanes to Old Redmond-Bend Hwy and improve intersection sight distance Arterial/Collector $ 200,000 $ 50,000 $ 250,000 250,000$ Medium BAKER ROAD AND CINDER BUTTE ROAD Rural/ Deschutes River Woods Install Roundabout Arterial/Collector 720,000$ 180,000$ 900,000$ 900,000$ Medium CANAL BLVD/HELMHOLTZ Rural /Redmond Area Install Roundabout Arterial/Collector 720,000$ 180,000$ 900,000$ 900,000$ Medium DESCHUTES MKT/HAMEHOOK Rural/Bend Area Install Roundabout Collector 720,000$ 180,000$ 900,000$ 900,000$ Medium SOUTH CENTURY/SPRING RIVER ROAD Rural / South County Area Install Roundabout Collector/Arterial 720,000$ 180,000$ 900,000$ 900,000$ Medium HUNTINGTON RD AT SOUTH CENTURY DRIVE Rural / South County Area Install Roundabout Collector 720,000$ 180,000$ 900,000$ 900,000$ Low COYNER RD AT NORTHWEST WAY Rural / North County Area Add turn lanes to Northwest Way Collector 200,000$ 50,000$ 250,000$ 250,000$ Low Subtotal 7,081,250$ 7,081,250$ Transportation System Management (TSM) and Transportation Demand Management (TDM) Projects Project 0% Regional TDM Program Countywide County share to continue funding of Commute Options (per year)8,000$ 160,000$ -$ High Rideshare Lots Countywide Install regional rideshare lots at various future locations 45,000$ 45,000$ -$ Medium Subtotal 205,000$ -$ State Highway Improvement Projects (ODOT Projects with County participation) Highway 0% U.S. 97 11TH AVE. - O'NEIL HWY add travel lanes each direction Principal Arterial 9,000,000$ -$ 9,000,000$ -$ High U.S. 97 South Century - La Pine Rec add travel lanes each direction Principal Arterial 25,300,000$ -$ 25,300,000$ -$ High U.S. 20 HAWK'S BEARD TO RAIL WAY add travel lanes each direction Principal Arterial 20,000,000$ -$ 20,000,000$ -$ High U.S. 97 La Pine Rec - DRAFTER add travel lanes each direction Principal Arterial 11,800,000$ -$ 11,800,000$ -$ Medium U.S. 20 COUCH MARKET - GERKING MARKET add travel lanes each direction Principal Arterial 4,900,000$ -$ 4,900,000$ -$ Medium U.S. 20 PROVIDENCE - HAMBY add travel lanes each direction Principal Arterial 2,000,000$ -$ 2,000,000$ -$ Medium U.S. 20 OB Riley - Cooley add travel lanes each direction Principal Arterial 2,400,000$ -$ 2,400,000$ -$ Medium OR 126 QUAIL TREE DR. - 2 MI. EAST add travel lanes each direction Principal Arterial 7,900,000$ -$ 7,900,000$ -$ Medium OR 126 CLINE FALLS HWY. - HELMHOLTZ add travel lanes each direction Principal Arterial 9,600,000$ -$ 9,600,000$ -$ Medium OR 126 SHERMAN - CROOK CO.add travel lanes each direction Principal Arterial 6,100,000$ -$ 6,100,000$ -$ Medium OR 370 U.S. 97 TO 1/2 MILE WEST overpass, geometric improvments Principal Arterial 26,100,000$ -$ 26,100,000$ -$ Low Subtotal 125,100,000$ -$ State Highway Intersection Improvement Projects (ODOT Projects with County participation) Intersection Location 2.70% U.S. 97/LOWER BRIDGE WAY Rural/Terrebonne Area Grade separate from U.S. 97 Principal Arterial/Arterial 21,000,000$ -$ 21,000,000$ 567,000$ High U.S. 20/COOK AVE/O.B. RILEY RD.Rural / Tumalo Area Overpass with jughandles Principal Arterial/Collector 15,500,000$ -$ 15,500,000$ 418,500$ High U.S. 97/WICKIUP JUNCTION INTERCHANGE PHASE I Rural/South County Area grade separation, realignment Principal Arterial 30,000,000$ -$ 30,000,000$ 810,000$ Medium U.S. 97/PERSHALL-O'NEIL HWY Rural/Terrebonne Area Simple Overpass Principal Arterial/Collector 9,500,000$ -$ 9,500,000$ 256,500$ Medium OR 126/HELMHOLTZ Rural/Redmond Area Traffic Signal Principal Arterial/Collector 1,250,000$ -$ 1,250,000$ 33,750$ Medium U.S. 97/QUARRY ROAD INTERCHANGE Rural/Redmond Area grade separation Principal Arterial 15,000,000$ -$ 15,000,000$ 405,000$ Low U.S. 97/VANDEVERT Rural/South County Area Disconnect from U.S. 97 Principal Arterial/Collector 2,300,000$ -$ 2,300,000$ 62,100$ Low U.S. 20/HAMBY/WARD Rural/Bend Area Install Roundabout Principal Arterial/Collector 1,000,000$ -$ 1,000,000$ 27,000$ Low U.S. 20/POWELL BUTTE HIGHWAY Rural/Bend Area Install Roundabout Principal Arterial/Arterial 1,000,000$ -$ 1,000,000$ 27,000$ Low OR 31/U.S. 97 Rural/South County Area Directional Interchange Principal Arterials 19,000,000$ -$ 19,000,000$ 513,000$ Low Subtotal 115,550,000$ 3,119,850$ Length (mi) New Road Segments (urban and rural)(may include intersections) 100% 0.76 HUNNELL ROAD COOLEY ROAD RODGERS ROAD New Road Collector 30 602,000$ 150,500$ 752,500$ 752,500$ High 0.66 COOLEY ROAD 18TH STREET DESCHUTES MARKET ROAD New Road Arterial 32 522,730$ 130,683$ 653,413$ 653,413$ Low 0.2 CROOKED RIVER DR WILCOX DR SMITH ROCK WAY New Road Collector 30 158,400$ 39,600$ 198,000$ 198,000$ Low 1.5 NEW ROAD MASTEN RD 6TH ST New Road Collector 30 1,188,000$ 297,000$ 1,485,000$ 1,485,000$ Low 0.2 BRITTA EXTENSION END OF BRITTA HWY 20/ROBAL RD New Road Collector 30 300,000$ 75,000$ 375,000$ 375,000$ Low Subtotal 3,463,913$ 3,463,913$ Length (mi) 4/1/2013 Resolution 2013-020 Page 1 DRAFT DC Transportation CIP and SDC Project List RESOLUTION 2013-020 EXHIBIT B shade areas = contained in Res. 2008-059 project list Current Existing County SDC Com. Rec Proposed Functional Road Standard Construction Engineering &Project SDC Eligible Road Name From To Treatment Class Section (ft.)Section (ft.)Cost Administration cost cost Priority Other Prioritized Modernization Projects (for roads with more than 1,000 ADT in 2011) Project 18% 0.318 DEER RUN LANE PINECREST LANE HUNTINGTON ROAD Reconstruction/ pave Local 22-24 28 251,856$ 62,964$ 314,820$ 56,668$ High 2.32 FOSTER ROAD SOUTH CENTURY DRIVE LA PINE REC. ROAD Reconstruction/ pave Collector 20 30 2,500,000$ 625,000$ 3,125,000$ 562,500$ High 2.7 HUNNELL ROAD RODGERS ROAD TUMALO ROAD Reconstruction/ pave Collector 22-24 30 2,020,000$ 505,000$ 2,525,000$ 454,500$ High 2.3 HUNTINGTON ROAD RIVERVIEW DR. (N)RIVERVIEW DR. (S)Reconstruction/ pave Future Collector 22-24 30 1,158,860$ 289,715$ 1,448,575$ 260,744$ High 1.93 RICKARD ROAD GROFF ROAD HIGHWAY 20 Reconstruction/ pave Collector 20 30 617,600$ 154,400$ 772,000$ 138,960$ High 1.1 CANAL BLVD.61ST/QUARRY HELMHOLTZ Add Center Turn Lane Arterial 32 56 407,100$ 101,775$ 508,875$ 91,598$ High 4.23 HELMHOLTZ ELKHORN MAPLE Travel Lane each direction/center turn lane Collector 25-28 66 4,906,000$ 1,226,500$ 6,132,500$ 1,103,850$ High 1.55 BURGESS ROAD DAY ROAD HUNTINGTON ROAD Center turn lane/widen bridge Arterial 30 44 867,675$ 216,919$ 1,084,594$ 195,227$ High 0.82 5TH STREET AMBER LANE LAPINE STATE REC. ROAD Widen & Overlay Collector 25 28 205,000$ 51,250$ 256,250$ 46,125$ Medium 1 17TH STREET NE NEGUS WAY HIGHWAY 370 Widen & Overlay Collector 21 28 250,000$ 62,500$ 312,500$ 56,250$ Medium 0.51 W. ANTLER AVE NW 35TH STREET NW HELMHOLTZ WAY Widen & Overlay Collector 24 28 127,500$ 31,875$ 159,375$ 28,688$ Medium 1.39 N. CANAL BOULEVARD REDMOND CITY LIMITS HIGHWAY 97 Widen & Overlay Collector 21-24 30 347,500$ 86,875$ 434,375$ 78,188$ Medium 1.03 GOSNEY ROAD HIGHWAY 20 COID CANAL BRIDGE Widen & Overlay Collector 26 28 257,500$ 64,375$ 321,875$ 57,938$ Medium 8.49 NW LOWER BRIDGE WAY 43RD STREET HOLMES ROAD Widen & Overlay Collector 24 30 2,122,500$ 530,625$ 2,653,125$ 477,563$ Medium 1.45 NE NEGUS WAY REDMOND CITY LIMITS NE 17TH STREET Widen & Overlay Collector 21-26 30 362,500$ 90,625$ 453,125$ 81,563$ Medium 4.27 BUCKHORN ROAD LOWER BRIDGE HIGHWAY 126 Reconstruction/ pave Collector 20 30 1,366,400$ 341,600$ 1,708,000$ 307,440$ Medium 1 31ST STREET NW SEDGEWICK NW LOWER BRIDGE WAY Widen & Overlay Arterial 24 30 250,000$ 62,500$ 312,500$ 56,250$ Low 1.57 NW 35TH STREET NW HEMLOCK AVE.NW UPAS AVE.Widen & Overlay Collector 24 30 392,500$ 98,125$ 490,625$ 88,313$ Low 2.13 61ST STREET S. CANAL BLVD HWY 97 Widen & Overlay Collector 24 28 532,500$ 133,125$ 665,625$ 119,813$ Low 0.53 NW ALMETER WAY NORTHWEST WAY NW SEDGEWICK AVE Widen & Overlay Arterial 25 30 132,500$ 33,125$ 165,625$ 29,813$ Low 0.98 BAILEY RD US 20 TUMALO RESERVOIR RD Widen & Overlay Collector 23 30 245,000$ 61,250$ 306,250$ 55,125$ Low 2.78 BEAR CREEK ROAD CITY LIMITS HIGHWAY 20 Widen & Overlay Collector 23-28 30 695,000$ 173,750$ 868,750$ 156,375$ Low 1.835 CHINA HAT ROAD KNOTT ROAD END MAINTENANCE Widen & Overlay FS Collector 24 30 458,750$ 114,688$ 573,438$ 103,219$ Low 1.41 CINDER BUTTE BAKER RD MINNETONKA LN Widen & Overlay Collector 25 28 352,500$ 88,125$ 440,625$ 79,313$ Low 0.315 COOLEY ROAD HIGHWAY 20 O.B. RILEY ROAD Widen & Overlay Collector 22 30 78,750$ 19,688$ 98,438$ 17,719$ Low 1.33 NW HELMHOLTZ W. ANTLER AVE Maple NW WALNUT AVE Widen & Overlay Collector 25 28 332,500$ 83,125$ 415,625$ 74,813$ Low 0.8 SW HELMHOLTZ W. ANTLER AVE Elkhorn HIGHWAY 126 S Canal Blvd Widen & Overlay Collector 25 28 200,000$ 50,000$ 250,000$ 45,000$ Low 6.604 HUNTINGTON ROAD SOUTH CENTURY DRIVE BURGESS ROAD (less 2.3mi)Widen & Overlay Collector 24 28 1,651,000$ 412,750$ 2,063,750$ 371,475$ Low 1.01 SW OBSIDIAN AVE.REDMOND CITY LIMITS UGB Widen & Overlay Collector 20 30 252,500$ 63,125$ 315,625$ 56,813$ Low 0.31 SMITH ROCK WAY HIGHWAY 97 RR XING/UGB TERREBONNE Widen & Overlay Arterial 25 30 77,500$ 19,375$ 96,875$ 17,438$ Low 1.04 STEVENS ROAD BEND CITY LIMITS WARD ROAD Widen & Overlay Collector 27 30 260,000$ 65,000$ 325,000$ 58,500$ Low 4.61 TUMALO RESERVOIR RD OB RILEY COLLINS RD Widen & Overlay Collector 21-23 30 1,152,500$ 288,125$ 1,440,625$ 259,313$ Low 0.51 SW WICKIUP AVE.SW HELMHOLTZ WAY SW 58TH STREET24-26 Widen & Overlay Collector 20 30 127,500$ 31,875$ 159,375$ 28,688$ Low 0.3 BOZEMAN TRAIL CHISOLM TRAIL RICKARD ROAD Reconstruction/ pave Local 22-24 28 237,600$ 59,400$ 297,000$ 53,460$ Low 2.13 NW WAY COYNER MAPLE Travel Lane each direction/center turn lane Collector 32 70 2,339,100$ 584,775$ 2,923,875$ 526,298$ Medium CLINE FALLS HIGHWAY AT NUTCRACKER DRIVE Disconnect from Cline Falls Hwy.Arterial 30 30 60,000$ 15,000$ 75,000$ 13,500$ Low Subtotal 34,494,614$ 6,209,030$ Length (mi) Federal Lands Access Program Projects (primarily federal funding) Project 10% 8.36 SKYLINERS ROAD UGB BEND END CO. MAINTENANCE Reconstruction Collector 24 34 9,000,000$ 2,250,000$ 11,250,000$ 1,125,000$ High 3.62 BURGESS RD PRINGLE FALLS SOUTH CENTURY DR Reconstruction Collector 24 32 3,300,000$ 825,000$ 4,125,000$ 412,500$ Low Subtotal 15,375,000$ 1,537,500$ (L.F.) Prioritized Other Bike and Pedestrian Projects Road Bike Projects Proposed Treatment Tumalo 0% 300 7th Street U.S. 20 Cook Avenue 5' sidewalk both sides Local 8,500$ 2,125$ 10,625$ -$ High 220 4th Street Wood Avenue Bruce Avenue 5' sidewalks on both sides Local 10,500$ 2,625$ 13,125$ -$ Medium 575 5th Street Wood Avenue Cook Avenue 5' sidewalks on both sides Local 21,000$ 5,250$ 26,250$ -$ Medium 450 8th Street Cook Avenue Riverview Avenue 5' sidewalks both sides Local 14,000$ 3,500$ 17,500$ -$ Low Trails/Other Projects -$ 6200 Tumalo Trail Tumalo State Park Riverview Avenue 10' Multi-use trail 128,000$ 32,000$ 160,000$ -$ High Subtotal 227,500$ -$ Terrebonne -$ 450 5th Street B Avenue C Avenue 5' sidewalk on east side only Local 9,000$ 2,250$ 11,250$ -$ Medium 1046 C Avenue 6th U.S. 97 5' sidewalk both sides Local 36,000$ 9,000$ 45,000$ -$ Medium 260 B Avenue 5th Street 6th Street future 5' sidewalk, north side only Local 4,700$ 1,175$ 5,875$ -$ Medium 1080 A Avenue 11th Street 15th Street future 5' sidewalks both sides Local 40,000$ 10,000$ 50,000$ -$ Low 4/1/2013 Resolution 2013-020 Page 2 DRAFT DC Transportation CIP and SDC Project List RESOLUTION 2013-020 EXHIBIT B shade areas = contained in Res. 2008-059 project list Current Existing County SDC Com. Rec Proposed Functional Road Standard Construction Engineering &Project SDC Eligible Road Name From To Treatment Class Section (ft.)Section (ft.)Cost Administration cost cost Priority 1090 Smith Rock Way 11th Street 15th Street 5' sidewalks on both sides Arterial 40,000$ 10,000$ 50,000$ -$ Low 1550 C Avenue U.S. 97 16th Street 5' sidewalk on south side only Local 31,000$ 7,750$ 38,750$ -$ Low 1725 11th Street Central Ave U.S. 97 5' sidewalks on both sides Local 65,000$ 16,250$ 81,250$ -$ High Trails/Other Projects -$ Canal "H"13th Street 12th Street 10' sandseal trail Local 1,500$ 375$ 1,875$ -$ Low Canal "H"12th Street 400' south of A Avenue 10' sandseal trail Local 5,500$ 1,375$ 6,875$ -$ Low B Avenue East end of west segment West end of east segment 300' stairway Local 21,000$ 5,250$ 26,250$ -$ Low 4th Street North Forster Drive 300' stairway Local 21,000$ 5,250$ 26,250$ -$ Low Subtotal 343,375$ -$ Bike and Pedestrian Subtotal 570,875$ -$ Bridge Projects Location Sufficiency Rating Treatment Posting Required 18% TETHEROW RD 32.4 New Bridge Yes 1,266,000$ 316,500$ 1,582,500$ 284,850$ High CASCADES LAKES (Fall River)46.6 New Bridge Yes 637,000$ 159,250$ 796,250$ 143,325$ High GRIBBLING RD 24 New Bridge Yes 180,000$ 45,000$ 225,000$ 40,500$ Low WILCOX AVE 47.2 New Bridge Yes 120,000$ 30,000$ 150,000$ 27,000$ Low SISEMORE ROAD 49.1 New Bridge No 550,000$ 137,500$ 687,500$ 123,750$ Low Subtotal 3,441,250$ 619,425$ TOTAL 305,281,901$ 22,030,968$ 4/1/2013 Resolution 2013-020 Page 3 EXHIBIT C: Deschutes County Transportation SDC Rate Sheet April 5, 2013 1 ITE Code Type of Use Land Use Description Peak- Hour Trips Trip Reduction Factor* Adjusted P-H-Ts SDC Units 110 General Light Industrial Typically less than 500 employees, free standing and single use. Examples: Printing plants, material testing laboratorial, data processing equipment assembly, power stations. 0.97 1 0.97 $3,082 KSF 130 Industrial Park Industrial park areas that contain a number of industrial and/or related facilities (mix of manufacturing, service and warehouse). 0.85 1 0.85 $3,194 KSF 140 Manu- facturing Facilities that convert raw materials into finished products. Typically have related office, warehouse, research and associated functions. 0.73 1 0.73 $2,743 KSF 151 Mini- Warehouse Storage units or vaults rented for storage of goods. Units are physically separate and access is through an overhead door or other common access point. Example: U-Store-It. 0.19 1 0.19 $714 KSF 210 SF Detached Single family detached housing. 0.81** 1 0.81** $3,044 DU 220 Apartment Rental dwelling units within the same building. At least 4 units in the same building. Examples: Quadplexes and all types of apartment buildings. 0.60 1 0.62 $2,255 DU 230 Condo/ Townhouse Residential condominium/townhouses under single-family ownership. Minimum of two single-family units in the same building structure. 0.52 1 0.52 $1,954 DU 240 Mobile Home Trailers or manufactured homes that are sited on permanent foundations. Typically the parks have community facilities (laundry, recreation rooms, and pools). 0.59 1 0.59 $2,217 Occupied DU 253 Elderly Housing Restricted to senior citizens. Contains residential units similar to apartments or condos. Sometimes in self- contained villages. May also contain medical facilities, dining and some limited, supporting retail. 0.17 1 0.17 $639 Occupied DU 310 Hotel Lodging facility that may include restaurants, lounges, meeting rooms and/or convention facilities. Can include a large motel. 0.60 1 0.60 $2,255 Room 320 Motel Sleeping accommodations and often a restaurant. Free onsite parking and little or no meeting space. 0.47 1 0.47 $1,766 Room 330 Resort Hotel Similar to hotel, but primary difference is resort hotels cater to tourist and vacation industry, often providing a wide variety of recreational facilities/programs (golf course, tennis court, beach access, or other amenities). 0.42 1 0.42 $1,578 Room 412 Local Park County-owned parks, varying widely as to location, type and number of facilities, including boating/swimming facilities, ball fields and picnic facilities. 0.09 1 0.09 $338 Acre 417 Regional Park Regional park authority-owned parks, varying widely as to location, type and number of facilities; including trails, lakes, pools, ball fields, camp/picnic facilities and general office space. 0.20 1 0.20 $752 Acre 430 Golf Course Includes 9, 18, 27 and 36 hole municipal and private country clubs. Some have driving ranges and clubhouses with pro shops, restaurants and lounges. Many of the municipal courses do not include such facilities. 2.92 1 2.92 $10,973 Hole 435 Multipurpose Recreation Facility Contain two or more of the following land uses at one site: mini-golf, batting cages, video arcade, bumper boats, go- carts, driving ranges 3.58 1 3.58 $13,454 KSF 437 Bowling Alley Recreational facilities with bowling lanes which may include a small lounge, restaurant or snack bar. 1.71 1 1.71 $6,426 KSF 493 Athletic Club Privately owned with weightlifting and other facilities, often including swimming pools, hot tubs, saunas, racquetball, squash and handball courts. 5.96 1 5.96 $22,398 KSF 495 Recreational Community Center Facilities similar to and including YMCAs, often including classes, day care, meeting rooms, swimming pools; and tennis, racquetball, handball, weightlifting equipment, locker rooms and food service. 2.74 1 2.74 $10,297 KSF 520 Elementary School Public, typically serves grades K-6. 1.21 0.15 1 1 1.21 0.15 $4,547 $564 KSF Student 522 Middle School Public, serves students who have completed elementary school but have not yet entered high school. 1.19 0.16 1 1 1.19 0.16 $4,472 $601 KSF Student 530 High School Public, serves students who have completed middle or junior high school. 0.97 0.13 1 1 0.97 0.13 $3,645 $489 KSF Student 540 Junior/ Community College Two-year junior colleges or community colleges. 2.54 0.12 1 1 2.54 0.12 $9,545 $451 KSF Student 560 Church Contains worship area and may include meeting rooms, classrooms, dining area. 0.55 1 0.55 $2,067 KSF EXHIBIT C: Deschutes County Transportation SDC Rate Sheet April 5, 2013 2 ITE Code Type of Use Land Use Description Peak- Hour Trips Trip Reduction Factor Adjusted P-H-Ts SDC Units 565 Day Care Facility for care of pre-school children, primarily during daytime hours. May include classrooms, offices, eating areas and playgrounds. 12.34 0.81 0.33 0.33 4.07 0.27 $15,295 $1,015 KSF Student 590 Library Public or private. Contains shelved books, reading rooms or areas, and sometimes meeting rooms. 7.30 1 7.30 $27,433 KSF 591 Lodge/ Fraternal Organization Includes a clubhouse with dining and drinking facilities, recreational and entertainment areas and meeting rooms. 0.03 1 0.03 $113 Member 710 General Office Office building with multiple tenants. Mixture of tenants can include professional services, bank and loan institutions, restaurants, snack bars and service retail facilities. 1.49 1 1.49 $5,599 KSF 715 Single Tenant Office Building Single tenant office building. Usually contains offices, meeting rooms, file storage areas, data processing, restaurant or cafeteria, and other service functions. 1.74 1 1.74 $6,539 KSF 720 Medical- Dental Office Provides diagnosis and out-patient care on a routine basis. Typically operated by one or more private physicians or dentists. 3.57 1 3.57 $13,416 KSF 750 Office Park Park or campus-like planned unit development containing office buildings and support service such as banks and loan institutions, restaurants and service stations. 1.48 1 1.48 $5,562 KSF 760 Research & Development Center Single building or complex of buildings devoted to research and development. May contain offices and light fabrication facilities. 1.07 1 1.08 $4,021 KSF 770 Business Park Group of flex-type or incubator one- and two-story buildings served by a common roadway system. Tenant space is flexible to accommodate a variety of uses. Rare of building is usually served by a garage door. Typically includes a mix of offices, retail and wholesale. 1.26 1 1.26 $4,735 KSF 812 Building Materials & Lumber Small, freestanding building where hardware, building materials and lumber are sold. May include yard storage and shed storage areas. The storage areas are not included in the GLA needed for trip generation estimates. 4.49 1 4.49 $16,873 KSF 813 Discount Super Store A freestanding discount store that also contains a full service grocery department under one roof. 4.35 0.72 3.13 $11,763 KSF 814 Variety Store A variety store is a retail store that sells a broad range of inexpensive items at a single price. These are also called “dollar stores” and can be stand alone or in a small strip shopping center. 6.82 1 6.82 $25,630 KSF 815 Discount Store A freestanding discount store offering a variety of customer services, centralized cashiering, and a wide range of products under one roof. Does not include a full-service grocery department, like Land Use 813 (Freestanding Discount Superstore). 4.98 0.54 2.69 $10,109 KSF 816 Hardware/ Paint Store Typically freestanding buildings with off-street parking, where paints and hardware are sold. 4.84 0.29 1.40 $5,261 KSF 817 Nursery/ Garden Center Freestanding building with yard containing planting or landscape stock. May have large greenhouses and offer landscaping services. Typically contain office, storage and shipping facilities. GLA is Building GLA, not yard storage GLA. 6.94 8.06 1 1 6.94 8.06 $26,081 $30,289 KSF Acre 818 Nursery (Wholesale) A free-standing building with an outside storage area for planting or landscape stock. Primarily service contractors and suppliers and may have large greenhouses and offer landscaping services. Most have office, storage, and shipping. 5.17 0.45 1 1 5.17 0.45 $19,429 $1,691 KSF Acre 820 Shopping Center Integrated group of commercial establishments that is planned, developed, owned and managed as a unit. Provides enough onsite parking to serve its buildings, movie theatres, restaurants, post offices, health clubs and recreation such as skating rinks and amusements. 3.71 0.40 1.48 $5,562 KSF Gross Leasable Area 826 Specialty Retail Small strip shopping centers containing a variety of retail shops that typically specialize in apparel, hard goods, services such as real estate, investment, dance studios, florists and small restaurants. 2.71 0.39 1.06 $3,983 KSF Gross Leasable Area 841 New Car Sales Car dealership with sales, service, parts and used vehicles. 2.62 1 2.62 $9,846 KSF 848 Tire Store Primary business is tire sales and repair. Generally does not have a large storage or warehouse area. 4.15 0.72 2.99 $11,236 KSF 850 Supermarket Freestanding grocery store. May also contain ATMs, photo centers, pharmacies, video rental areas. 9.48 0.26 2.45 $9,207 KSF EXHIBIT C: Deschutes County Transportation SDC Rate Sheet April 5, 2013 3 ITE Code Type of Use Land Use Description Peak- Hour Trips Trip Reduction Factor Adjusted P-H-Ts SDC Units 851 Convenience Market w/o gas Sells conventional foods, newspapers, magazines and often beer and wine. Does not have gas pumps. 52.41 0.28 14.67 $55,130 KSF 853 Convenience Market w/gas Sells conventional foods, newspapers, magazines and often beer and wine. Market has gas pumps but primary business is selling convenience items. 50.92 0.11 5.6 $21,044 KSF 880 Pharmacy Without Drive-Through Facilities that fill medical prescriptions. 8.40 0.34 2.86 $10,748 KSF 881 Pharmacy With Drive-Through Facilities that fill medical prescriptions. 9.91 0.38 3.77 $14,168 KSF 890 Furniture Store Sells furniture, accessories and often carpet/floor coverings. 0.45 0.16 0.07 $263 KSF 911 Walk-In Bank Usually a freestanding building with a parking lot. Does not have drive-up windows. May have ATMs. 12.13 0.27 3.28 $12,326 KSF 912 Drive-In Bank Provides drive-up and walk-in bank services. May have ATMs. 24.30 0.27 6.6 $24,803 KSF 925 Drinking Place Contains a bar where alcoholic beverages and snacks are served, and possibly some type of entertainment such as music, games or pool tables. 11.34 0.32 3.63 $13,642 KSF 931 Quality Restaurant High-quality eating establishment with slower turnover rates (more than one hour). 7.49 0.29 2.17 $8,155 KSF 932 High Turnover Sit- Down Restaurant Sit-down eating establishment with turnover rates of less than one hour. 9.85 0.31 3.05 $11,462 KSF 933 Fast Food Without Drive-Through Fast-food restaurant without drive-through window. 26.15 0.27 7.06 $26,531 KSF 934 Fast Food With Drive-Through Fast food restaurant with drive-through window. 32.65 0.27 8.82 $33,146 KSF 936 Coffee/Donut Shop w/o Drive- Through Single-tenant coffee and donut restaurants without drive- through windows. Limited to no indoor seating. 40.75 0.17 6.92 $26,005 KSF 937 Coffee/Donut Shop w/Drive- Through Single-tenant coffee and donut restaurants with drive- through windows. Limited to no indoor seating. 42.80 0.11 4.70 $17,663 KSF 938 Coffee/Donut Shop w/Drive- Through and no seating Single-tenant coffee and donut restaurants with drive- through windows. No seating present. 75.00 0.11 8.25 $31,004 KSF 944 Gas Station Sells gasoline and may also provide vehicle service and repair. Does not have convenience market and/or car wash. 13.87 0.23 3.08 $11,575 Fueling Positions 945 Gas/Service Station with Convenience Market Primary businesses are selling gas and convenience market. May also contain facilities for service and repair. Does not include car wash. 13.51 0.17 2.30 $8,643 Fueling Positions 946 Gas/Service Station with Convenience Market Car Wash Sells gas. Primary businesses are convenience market and car wash. May also contain facilities for service and repair. 13.86 0.17 2.37 $8,906 Fueling Positions 947 Self-Service Car Wash Allows manual cleaning of vehicles by providing stalls for the driver to park and wash. 5.54 1 5.54 $20,819 Wash Stall 950 Truck Stop Located on or near major roadways and provide refueling, food, and other services to motorists and truck drivers. 13.63 0.17 2.32 $8,719 Fueling Positions N/A Type 1 Home Occupation DCC 18.116.280(C). Does not produce more than five (5) trips a day to/from the site, including parcel deliveries. 1 0.0*** 0.0 $0 DU N/A Type 2 Home Occupation DCC 18.116.280(D). Does not produce more than ten (10) trips a day to/from the site, including parcel deliveries. 1 0.5*** 0.5 $1,879 DU N/A Type 3 Home Occupation DCC 18.116.280(E). Does not produce more than twenty (20) trips a day to/from the site, including parcel deliveries. 1 1*** 1 $3,758 DU *Trip Reduction Factor is average rate for both pass-by and diverted-link in ITE Manual and/or as set by previous SDC table in Resolution 2008-059 **Local blended rate for rural residences and Goal 8 destination resort residences ***Rate based on empirical knowledge, planning and engineering best judgment, and SDC committee discussion MEMORANDUM To: Transportation System Development Charge (SDC) Review Committee From: Peter Russell, Senior Transportation Planner Date: Feb. 12, 2013 Re: Proposals on several SDC policy issues Background The Board of County Commissioners (BOCC) established a countywide transportation system development charge (SDC) in summer 2008 with Resolution 2008-059. In the years since, the County has identified several unanticipated issues during implementation of SDCs. While these issues have been resolved on a case-by-case basis either at the staff level or by an applicant’s appeal to the Board, the Board and staff agree it would be preferable to add language into the SDC resolution itself to address these issues. The major topics are:  Does the SDC run with the land or the structure?  What to do if a use has been abandoned or interrupted?  How to handle home occupations?  What to do with uses established illegally?  Should SDCs only be limited to building permits or should the SDC be triggered by a change of use if the new land use will generate more trips than the previous one?  Update trip rates to 9th edition of Institute of Traffic Engineers handbook SDCs run with the land The issue of whether an SDC runs with the land or the structure came up in August 2011 when an applicant appealed to the Board an SDC charge based on a site plan review. The house on the site plan had been removed from a rural lot south of Redmond, stored in a second location, and was proposed to be placed on a vacant lot in Terrebonne for its third and final location. Staff argued the vacant Terrebonne lot was not producing any trips, but would after the single- family home was placed on the site. Applicant contended due to the home’s age and original location it was already included in the traffic assumptions upon which the transportation SDC was based and thus SDCs should not be applied. The Board in its Sept. 24, 2011, work session and Oct. 3, 2011, decision upheld staff’s interpretation and directed staff to develop policy language for inclusion in any SDC updates. EXHIBIT D 2 Staff proposes language that SDCs run with the land and are not associated with the structure. Proposed language regarding SDCs are tied to the property In Section 4, Applicability, insert into (A) the following underlined sentence: (A) A Transportation System Development Charge is hereby imposed upon all new development for which a building permit is required within the unincorporated areas of the County outside the urban growth boundaries of the cities of La Pine, Sisters, Redmond, and Bend. Once assessed, the transportation system development charge is assigned to the property permanently unless 1) the use is interrupted or abandoned for a time of two years or more or 2) is replaced by a legally established land use that generates more trips than the previously approved land use. The transportation system development charge runs with the land, not the structure. SDCs apply when a land use is abandoned or interrupted The majority of SDCs pertain to either a vacant site or one that is being redeveloped. Occasionally, however, a site will have a use that was abandoned or interrupted. In the County’s development code (DCC 18.120.010) a land use must be legally re-established if the use or structure has been abandoned or interrupted for more than one (1) year. The time period in DCC 18.120.010 was based on national case law. In the past, staff has approached SDCs for abandoned or interrupted sites on a case-by-case basis. If the use had been abandoned 30 years ago, staff has applied SDCs. If the use had been abandoned for less than a year, then staff has not applied SDC’s. The gray area has been uses that were lawfully established prior to the 2008 implementation of the SDC, but then abandoned for a year or more. Staff is sensitive to the current economic climate and in that previously mentioned Sept. 2011 work session recommended a two-year (2) window instead of one (1) year be used when determining if SDCs apply to a property or structure. The Board agreed with the two-year timeline. Staff recommends that a two-year timeline be used to determine when a use or structure has been abandoned or interrupted. This would include failure to initiate a use as well. Proposed language regarding SDCs are triggered when a use or structure is abandoned In Section 4, Applicability, insert into (A) the following underlined sentence: (A) A Transportation System Development Charge is hereby imposed upon all new development for which a building permit is required within the unincorporated areas of the County outside the urban growth boundaries of the cities of La Pine, Sisters, Redmond, and Bend. Once assessed, the transportation system development charge is assigned to the property permanently unless 1) the use is interrupted or abandoned for a time of two years or more or 2) is replaced by a legally established land use that generates more trips than the previously approved land use. In other words, the transportation system development charge runs with the land, not the structure. SDCs and home occupations The County at DCC 18.116.280 allows for varied home occupations of differing levels of intensity, ranging from those that are essentially invisible to neighbors to those that result in 3 employees arriving on-site. For comparison’s sake, a single-family home generates 10 trips a day. Type I home occupations result in less than five trips a day to the site, including customers, clients, or parcel deliveries. Type 2 home occupations result in no more than 10 business- related trips to the site and no more than two employees. Type 3 home occupations can have up to five employees if the property is 10 acres in size and zoned EFU, MUA10, or RR10 and has on-site parking for up to five customers and allows up to 20 business-related trips a day. In the past, for Type I home occupations staff has assessed half the SDC for a single-family home as Type I home occupations increase trips from a single-family home site by no more than 50%. For Type 2 and Type 3 home occupations, staff has attempted to find an analogous use in the ITE manual, scaling the trip generation based on the size of the proposed use. (For example, if the ITE indicated use X would generate 10 trips per 1,000 square feet and the home occupation use would only occupy 250 square feet, we’d base the SDC on 2.5 trips from the site.) One challenge is that many home occupations are not represented in the ITE manual or lack an even remotely analogous use. Staff recommends for Type I home occupations dropping the SDC requirement; for Type 2 home occupations charge half the SDC for a single-family home; and for Type 3 home occupations charge an SDC equal to a single-family home. Proposed modification to Land Use/Trip Generation Table for SDC rates: At the end of BOCC Resolution 2008-059 is a table listing ITE Code, Customer Type, Land Use Description, etc. Add the following underlined classifications, rates, and amounts. ITE Code Customer Type Land Use Description Peak Hour Trips Pass-By Trip Factor Adjusted P-H-Ts SDC Unit s N/A Type 1 Home Occupation 0 0 0 $0 N/A N/A Type 2 Home Occupation 0.5 0 0.5 $1,836 N/A N/A Type 3 Home Occupation 1 0 1 $3,673 N/A SDCs apply to a use that was established illegally Infrequently, a land use process is initiated as a result of a code enforcement complaint. The County’s first option in code enforcement is voluntary compliance, which means the property owner or his agent applies for the necessary building and/or land use permits. Staff recommends these cases be dealt with as if this were a new use and SDC’s apply, otherwise the County runs the risk of people building illegal structures to avoid paying SDC’s. In a previous work session the Board had agreed with that position. 4 Proposed language regarding SDCs are applicable for a land use that was initiated to resolve a code enforcement complaint. In Section 4, Applicability, insert into (A) the following underlined sentence: (A) A Transportation System Development Charge is hereby imposed upon all new development for which a building permit is required or a development permit is approved within the unincorporated areas of the County outside the urban growth boundaries of the cities of La Pine, Sisters, Redmond, and Bend. Should SDCs be only tied to building permits or could development permits be included? The County SDC is tied to the building permit process. However, a land use application can result in a more intense use of a building, yet not require a building permit as can a zone change or plan amendment. Examples of this include a general office becoming a medical office, a personal hangar becoming the site of an aviation-related business, or a home being rezoned for commercial use. In other words, the site will generate more traffic post-land use approval than pre-land use approval, yet the applicant will not have paid any SDCs to mitigate that additional traffic Staff would recommend the language proposed for code enforcements would also address this issue. The proposed language cites a development permit, but is silent on whether the permit is tied to resolving a code enforcement complaint or is just a run of the mill land use application. Update tables to most recent edition of Institute of Traffic Engineers trip generation manual BOCC Resolution 2008-059 contains a table listing 57 land uses and their trip generation rates and their applicable SDCs, based on the ITE “Trip Generation” 7th edition. This table is now two editions behind and several land uses now have lower trip generation rates in the 9th edition than they had in the 7th. While BOCC 2008-059 is based on the ITE manual, nowhere does the resolution explicitly state that fact. Staff would recommend adding the following underlined language and updating the table. Proposed language regarding trip generation for specific land uses. In Section 4, Applicability, insert into (B) the following underlined sentence: (B) The Transportation System Development Charges (SDCs) shall be determined as follows: (1) For those land-use categories which are specifically identified in the most recent edition of the Institute of Traffic Engineers Trip Generation Handbook and the methodology report adopted pursuant to this resolution, the SDC amount shall be determined as identified in the Methodology Report. Another option would be to keep the reference to the most recent ITE edition and simply delete the table from the updated resolution. By choosing that option, the SDC resolution would not need to be updated every time a new edition of the ITE manual was published. Staff presents all of the above recommendations to the SDC review comment for review and discussion. Once the SDC review committee has made its recommendations, staff will coordinate with Legal Counsel on a new resolution with updated language.