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Home My WebLink AboutOrdinance 008 - Parks Development LanguageDeschutes 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 April 30, 2012 Please see directions for completing this document on the next page. DATE: April 24, 2012. FROM: Paul Blikstad CDD X6554 TITLE OF AGENDA ITEM: Consideration of First and Second Reading by Title Only and Adoption of: Ordinance 2012-010 Repealing Deschutes County Code Chapter 2.48, and Declaring an Emergency, Oridinance 2012-007 Amending Deschutes County Code Title 18 to be Consistent With State Law in the Exclusive Farm Use and Forest Use Zones, to Add a Definition of "Room and Board Arrangement," Amend the Definitions of "Residential Facility" and "Residential Home," and to Amend the Provisions for Medical Hardship Dwellings and Solar Access Setbacks, and Declaring an Emergency, Ordinance 2012-008 Amending Deschutes County Code Title 17 to Amend the Definition of "Property Line Adjustment," and to Amend the Parks Development Language to apply to All Park Districts in Deschutes County, and Declaring an Emergency, and Ordinance 2012-009 Amending Deschutes County Code Chapters 16.08 and 16.12 to Change the Addressing Protocol For Properties Within the Redmond Fire and Rescue District, and Declaring an Emergency PUBLIC HEARING ON THIS DATE? NO. BACKGROUND AND POLICY IMPLICATIONS: On Monday, April 23, 2012, the Board of County Commissioners ("BOCC") held a public hearing on all four ordinances listed above. Staff presented minor changes to all the ordinances except 2012-010 and the Board requested minor changes to Ordinance 2012-007, Exhibit A to remove the 30 day minimum stay proposed language and to Ordinance 2012-009, Exhibit A, to clarify that the new addressing system for properties within the Redmond Fire and Rescue district would being upon the effective date ofthat ordinance. Additionally, the Findings for all but the first ordinance are included. They are specifically attached to Ordinance 2012-007, but are referenced and incorporated into Ordinances 2012-008 and 009. FISCAL IMPLICATIONS: Non RECOMMENDATION & ACTION REQUESTED: Motion 1: Approve First and Second reading of each ordinance by title only. Conduct First and Section reading of each ordinance. Motion 2: Approve adoption of each ordinance. ATTENDANCE: Paul Blikstad and Laurie Craghead DISTRIBUTION OF DOCUMENTS: Copy of each to Paul Blikstad. REVIEWED Jj,A..r LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code * Title 17 to Amend the Definition of "Property Line * Adjustment," and to Amend the Parks Development * ORDINANCE NO. 2012-008 Language to apply to All Park Districts in Deschutes * County, and Declaring an Emergency * WHEREAS, the Deschutes County Community Development Department initiated the amendments (Planning Division File No. TA-12-2) to Deschutes County Code ("DCC") Chapter 17.08, Definitions and Interpretation of Language, to amend the definition of "Property Line Adjustment" and Chapter 17.44 to Parks Development language to apply to all park districts in Deschutes County, and WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on March 9, 2012 and forwarded to the Deschutes County Board of Commissioners ("Board") a recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on April 23, 2012 and concluded that the public will benefit from the proposed changes to DCC Title 17; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC Chapter 17.08 is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 2. AMENDMENT. DCC Chapter 17.44 is amended to read as described in Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 3. FINDINGS. The Board adopts as its findings Exhibit "F" to Ordinance 2012-007 incorporated by reference herein. /1/ PAGE 1 OF 2 -ORDINANCE NO. 2012-008 -------- Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of , 2012 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DeBONE, Chair ALAN UNGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 1s t Reading: __day of _____, 2012. Date of 2 nd Reading: __day _____, 2012. Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeB one Alan Unger Tammy Baney Effective date: __day 2012. -----~ PAGE 2 OF 2 -ORDINANCE NO. 2012-008 --****" Denotes Deschutes County Code sections not amended by Ordinance 2012-008 Chapter 17.08. DEFINITIONS AND INTERPRETATION OF LANGUAGE Section 17.08.030. Definitions Generally. **** "Property line adjustment" means the relocation or elimination of I:l all or a portion ofthe common property line between !We abutting properties that does not create an additional lot or parcel. **** (Ord. 2012-008 §l, 2012; Ord. 2008-030 §2, 2008; Ord. 97-005 §l, 1997; Ord. 96-003 §10, 1996; Ord. 95 065 §1, 1995; Ord. 93-012 §§2-7, 1993; Ord. 90-003 §1, Exhibit A, 1990; Ord. 88-015 §1, 1988; Ord. 86-015 §2, 1986; Ord. 83-039 §2, 1983; Ord. 81-043 §1, Exhibit A, §1.040, 1981) Page 1 of 1 -EXHIBIT "A" TO ORDINANCE 2012-008 Chapter 17.44. PARK DEVELOPMENT 17.44.010. Dedication ofLand. 17.44.020. Fee In Lieu of Dedication. 17.44.030. Annexation Agreement. "****,, Denotes Deschutes County Code sections not amended by Ordinance 2012-008 17.44.010. Dedication of Land. A. For subdivisions or partitions inside an urban growth boundary, the developer shall set aside and dedicate to the public for park and recreation purposes not less than eight percent of the gross area of such development, if the land is suitable and adaptable for such purposes and is generally located in an area planned for parks. B. For subdivisions or partitions outside of an urban growth boundary, the developer shall set aside a minimum area of the development equal to $350 per dwelling unit within the development, if the land is suitable and adaptable for such purposes and is generally located in an area planned for parks. C. For either DCC 17.44.010 (A) or (B), the developer shall either dedicate the land set aside to the public or develop and provide maintenance for the land set aside as a private park open to the pUblic. D. The Planning Director or Hearings Body shall determine whether or not such land is suitable for park purposes. E. If the developer dedicates the land set aside in accordance with DCC 17.44.010 (A) or (B), any approval by the Planning Director or Hearings Body shall be subject to the condition that the County or appropriate park district accept the deed dedicating such land. F. DCC 17.44.0 I 0 shall not apply to the subdivision or partition of lands located within the boundaries of 2 parks district with a permanent tax rate the Sefid Metro Park and Recreation Distriet or the CeRtral Oregofi Park aDd ReereatioR Distriet. (Ord. 2012-008 §2, 2012; Ord. 2003-076 §I, 2003; Ord. 97-075 §1, 1997; Ord. 95-010 §2, 1995; Ord. 93-054 §2, 1993; Ord. 93-012 §§45 and 46, 1993; Ord. 81-043 §l, Exhibit A, §6.080, 1981) 17.44.020. Fee in Lieu of Dedication. A. In the event there is no suitable park or recreation area or site in the proposed subdivision or partition, or adjacent thereto, then the developer shall, in lieu of setting aside land, pay into a park acquisition and development fund a sum of money equal to the fair market value of the land that would have been donated under DCC 17.44.010 above. For the purpose of determining the fair market value, the latest value of the land, unplatted and without improvements, as shown on the County Assessor's tax roll shall be used. The sum so contributed shall be deposited with the County Treasurer and be used for acquisition of suitable area for park and recreation purposes or for the development of recreation facilities. Such expenditures shall be made for neighborhood or community facilities at the discretion of the Board and/or applicable park district. B. DCC 17.44.020 shall not apply to subdivision or partition of lands located within the boundaries of 2 parks district with a permanent tax rate the SCfid Metro Park afid Recreation Distriet or the Central Oregofi Park aDd ReereatioR Distriet. (Ord. 2012-008 §2, 2012; Ord. 97-075 §1, 1997; Ord. 95-010 §2, 1995; Ord. 93-054 §2, 1993; Ord. 93-012 §§45 and 46, 1993; Ord. 81 -043 § 1, Exhibit A, §6.080, 1981) **** PAGE 1 OF 1-EXHIBIT "B" TO ORDINANCE 2012-008