HomeMy WebLinkAboutOrdinance 003 - Pollution Reduction Credits��ES L'
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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 February 2, 2009
Please see directions, for completing this document on the next page.
DATE: January 14, 2009
FROM: Kristen Maze. Community Development Department
383 -6701
TITLE OF AGENDA ITEM:
A public hearing and consideration of first reading, by title only, of Ordinance 2009 -003 to amend
Deschutes County Code 11.12 to change the timing of when Pollution Reduction Credits are require to be
paid from the current payment requirement at the time of final plat approval to the time of building permit
issuance.
PUBLIC HEARING ON THIS DATE? YES
BACKGROUND AND POLICY IMPLICATIONS:
This is an applicant initiated text amendment by Sagebrush Development LLC, to the Deschutes
County Code 11.12, Transferable Development Credit Program. This proposal is to change the time of
when Pollution Reduction Credits are required to be paid from the current requirement at the time of
final plat approval to the time of building permit issuance.
The Planning Commission held a public hearing on December 11, 2009 and recommended approval of
the proposed text amendment without any changes.
The Board will conduct a public hearing to consider the text amendments.
FISCAL IMPLICATIONS:
NONE.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends the Board open the public hearing, listen to testimony and consider whether to have a
first reading by title only of Ordinance 2009 -003.
ATTENDANCE: Kristen Maze.
DISTRIBUTION OF DOCUMENTS:
Kristen Maze
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701 -1925
(541)388 -6575 FAX (541)385 -1764
http : / /www.co.deschutes.or .us /cdd/
Staff Report
TO: Deschutes Board of County Commission
FROM: Kristen Maze, Associate Planner
DATE: January 12, 2008
PUBLIC HEARING: February 2, 2009
SUBJECT: Text Amendment TA -08 -8 Deschutes County Code, Sections 11.12.020
Transferable Development Credit Transactions
The Deschutes County Board of Commissioners ('Board') will hold a public hearing on February
2, 2009, at the Deschutes Services Center, starting at 10:00 p.m. The Board will consider an
applicant initiated text amendment by Sagebrush Development, LLC, for the Deschutes County
Code ( "DCC "), Sections 11.12.020 Transferable Development Credit (TDC) Transactions. The
purpose of this public hearing is to present the proposed amendment listen to public testimony
and answer any questions of the Board or public.
BACKGROUND
This is an applicant initiated text amendment that proposes to change the timing of when
Pollution Reduction Credits (PRCs) are required to be paid. DCC 11.12.020 (D) currently
requires payment for all PRCs prior to final plat approval.
"Prior to final plat approval in the Receiving Area, the Community Development
Department must have record of the required number of TDC's established and
available to apply to the development of a tract or lot meeting the following criteria
within the Receiving Area."
DCC 11.12.010 defines "Pollution Reduction Credit" credit given for retrofitting of an existing
wastewater treatment system or payment into the County fund and "Transferable Development
Credit" credit given for a Restrictive Covenant granted to Deschutes County restricting the
placement of a septic system on the subject property or a PRC.
Transferable Development Credit and Local Rule History
In 1996 Deschutes County and the Department of Land Conservation and Development (DLCD
recognized that significant consequences could occur from the pattern of development in South
Quality Services Performed with Pride
Deschutes County and began a collaborative project known as Regional Problem Solving
Project (RPS). The RSP project area encompasses approximately 42 square miles between
Sunriver to the north and La Pine to the south, and includes thousands of small- subdivided Tots,
and some larger parcels, throughout southern Deschutes County. In 2002 Deschutes County
adopted Chapter 11.12, TDC Program based on policy direction from Deschutes County
Comprehensive Plan Chapter 23.44, Regional Problem Solving for South Deschutes County.
The TDC program was intended to reduce the overall impact from development in flood plains,
wetlands, deer migration corridors and areas susceptible to groundwater pollution from nitrates.
This program was also developed to help maintain open space and preserve the rural character
of the area by reducing the overall density of development that would otherwise exist in the
future if a dwelling were built on every legal lot.
When the TDC program was implemented it identified as the "sending area" future residential
growth from existing subdivisions in South Deschutes County. TDC's are allocated to eligible
lots, in the Neighborhood Planning Area, also referred to as the "receiving area" where TDC's
are required to be redeemed based on a net developable acreage formula. The Neighborhood
Planning Area is County owned land acquired from Bureau of Land Management, located
between La Pine and Wickiup Junction, west of Highway 97 with the exception of the area
transferred to the Baldwin- Herndon Oregon Trust';Tax lot 22 -10 -106 and the southwest quarter
of section 11 that are contiguous with the remaining Neighborhood Planning Area..
The TDC program operates in a voluntary, market - driven manner. Those property owners who
choose to sell their TDC's retain ownership of the underlying land on which certain uses, such
as camping, wood cutting, vegetation management, agricultural use and construction of a small
storage structure are allowed. A conservation easement is placed on the property that prohibits
the construction of a single - family dwelling and on -site sewage disposal system on the property.
Property owners who sell their TDC's and enter into a Conservation Easement restricting future
uses on their property may elect to sell the deed for the underlying property to a willing buyer.
Initially, the TDC program required property owners to enter into an agreement with the County
and record a Bargain and Sales Deed and Restrictive Covenant that placed restrictions on
future development on a lot or parcel of land which then allowed land in the receiving area to
acquire the TDC for future development. In 2004, Chapter 11.12 was amended to eliminate the
requirement for the recording of a Bargain and Sale Deed because this deed prevented the
property owner from refinancing or selling the property without the County first relinquishing its
right of ownership. After two completed USGS studies the TDC program alone was determined
not to be enough to solve the groundwater pollution problem in south Deschutes County.
In 2006 Deschutes County adopted an amendment to include Pollution Reduction Credits in
addition to TDC's. These amendments changed the focus of the Transferable Development
Credit program to a Pollution Reduction Credit program that requires retrofitting existing septic
systems to create credits required for development in the Neighborhood Planning Area.
Neighborhood Planning Area developers are required to work with homeowners to retrofit
existing septic systems with nitrogen- reducing technology or pay into a "Partnership Fund" that
would then be made available to property owners interested in retrofitting their existing
wastewater treatment systems.
Prior to this amendment Deschutes County convened a Technical Advisory Committee made up
of 17+ members of the La Pine community, state agencies, various professionals and
developers, to assist the County in developing financial assistance program for a drinking water
'10/18/2001 Memo Regarding Lot of Record Fact Finding for Tax Lot 22 -10 -106
2
protection program for south Deschutes County. The Committee represented diverse
perspectives in seven meetings over a 10 -month period beginning in July 2005. The Committee
raised a number of issues and reached a primary milestone in December 2005, when they
recommended:
• Everyone contributes to the problem so everyone should contribute to the solution
• Focusing funds from the La Pine Neighborhood Planning Area to help retrofit existing
septic systems
• Develop a Local Rule that requires Best Available Technology for future septic systems
and set standards for existing systems to meet over time.
The Committee continued to meet to draft the amendments to the original TDC Program and
coordinate with the Oregon Department of Environmental Quality over the basic elements of a
local rule. Local rule amendments to DCC 13.14 were adopted July 23, 2008 to include;
• the use of nitrogen reducing systems for:
O all new construction,
o major repairs (repairs to drainfields, this does not include tank replacements),
o major alterations (changes that would cause increases in flows or proposing to
connect to a system that doesn't meet minimum sizing requirements for the use),
and
o authorization notices.
• the upgrade of all existing systems by November 2022
These Local rule amendments are currently up for referendum with the Deschutes County
residents.
APPLICANT PROPOSED TEXT AMENDMENT
The applicant has worked with staff to propose a text amendment that meets his needs and the
intent of the TDC /PRC program. The proposed text amendment is Exhibit A to Ordinance 2009-
003.
ANALYSIS
The applicant, Sagebrush Development LLC, currently owns approximately 54 acres in the
Neighborhood Planning Area. This area consists of Quadrant 1A - 17.6 acres, Quadrant 1B —
24.8 acres and Quadrant 1D- 12.1 acres. Sagebrush Development has Quadrant plan approval
for Quadrants 1A, 1B and 1D and tentative plat approval for a Quadrant 1A for a 73 single
family lot subdivision. According to Resolution 2006 -043 Quadrants 1A, 1 B, and 1D need 325
PRCs prior to development which shall be divided proportionally according to gross number of
acres among each of the quadrants. The conditional approvals for the applicant's tentative plat
number 2 states;
2. Prior to final plat approval, all Pollution Reduction Credits (PRCs) must be paid in full
to the County. The total amount due for Quadrant 1A has been calculated to be 104
PRC's (325 times 32 %) in accordance with DCC11.12 and the Board of County
Commissioners Resolution No. 2006 -043.
This condition is taken straight from the DCC section 11.12.020 (D)
Total Gross Acres in Q1A 17.6 acres
3
PRCs needed for Q1A, 1 B, 1D 5.96 PRC /acre
PRCs required for QIA, Tentative Plat 17.6 X 5.96 = 104PRC
Based on this condition and the above calculation Sagebrush Development is required to either
pay the 32% or $779,520 for 104 PRC's or retrofits in cooperation with a property owner on
property eligible for a PRC prior to recording the final plat of Quadrant 1A
The applicant outlines the purpose of the PRC program and the reason for the requested text
amendment:
"The purpose of the PRC program is to assist the southern portions of Deschutes
County to protect the drinking water of its residents. The funds for the PRC program
will be placed in an account to assist existing area residents with rebates or low
interest loans to meet the Local Rule that requires all existing septic systems to be
converted to nitrogen reducing systems and requires all new development to use
nitrogen reducing systems.
The purpose of the PRC program is met if funds are placed into the PRC accounts at
the time of building permit is obtained on a lot rather than at the time a final plat is
recorded. In addition, a letter from Tom Andersen, the County Engineer states: 'In
addition, we have offered to allow you to pay the fallback amount at the time the lots
sell, rather than up front.'
It is logical to pay PRCs when development occurs rather than at the time of the
initial plat. At the time of the initial plat it is uncertain whether development will
occur. If no development occurs there should be not duty to pay for pollution
reduction. The proposed text amend ensures that a developer or lot owner will pay
PRCs at the time of building permit is requested. This is similar to the timing of
System Development Charges. Therefore, it will not be difficult to track whether
PRC payment have been made."
This proposal has gone through significant changes. Staff worked with the applicant's
representative, Bob Lovlien to develop text that will meet the original objective of the TDC code
and address the applicants concerns. The following reasons support this text amendment:
➢ The intent of the Neighborhood Planning Area which Bureau of Land Management sold
to the County was to establish means to address the ground water problem in
Deschutes South County. The program was designed to limit development on small lots
within the sending area of La Pine and encourage development in Neighborhood
Planning Area as well as assist La Pine residents in funding for converting existing
septic systems to nitrogen reducing septic systems.
This proposal will require a Neighborhood Planning Area developer to meet its PRC
obligation at the time of building permit. Tentative and final plats in the Neighborhood
Planning Area will cite the PRC obligations enabling a developer to establish a
subdivision and sell lots while defraying the PRC obligation to the time of building permit
issuance.
➢ If adopted, PRCs would be processed similar to a system development charges. It will
be required prior to issuance of a building permit. The cost a PRC per lot will be shown
4
on the recorded final plat. The tracking of all PRC cost will be flagged electronically
which will require payment of PRCs for individual lots upon building permit issuance.
The tentative plan conditions will outline the PRCs required to develop and their cost per
lot. The final plat will show the cost per lot which will be tracked electronically through
our building permit process. All money will be sent to the PRC funding account, which is
renamed the proposed Financial Assistant Fund.
> Staff is recommending approval of the proposed text amendment because it maintains
the Neighborhood Planning Area as a "receiving area" and provides mechanisms
through the TDC and PRC programs to protect the groundwater of south Deschutes
County.
Planning Commission Recommendation
At the November 13, 2008, work session the Planning Commission asked that the code include
the proposed PRC payment requirement be placed on the deed and the title report in addition to
the final plat. The county currently does not record or special notice sewer or transportation
SDC's that encumber properties, so to record this could be somewhat misleading if the buyer is
unaware of the other SDCs. This requirement would also be costly to the county or the property
owner because it would require a deed be recorded for each individual lot at the time of final plat
approval. Typically, a good title report reviews the final subdivision plat and would research
property burdens like SDC's listed on the final plat. Ultimately, it is the seller's responsibility to
disclose the PRC burden to the buyer in the real estate transaction.
At the public hearing held on December 11, 2008, the Planning Commission recommended
approval of the proposed text amendment with no changes.
REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 11 or 23 for reviewing a legislative zoning
text amendment. Therefore, the County must determine that the proposed text amendments are
consistent with the Statewide Planning Goals and the County Comprehensive Plan, Title 23.
The attached draft findings demonstrate compliance with both Statewide Planning Goals and
County Comprehensive Plan.
RECOMMENDATIONS
Staff recommends that the Board of County Commission;
1. Open the public hearing, listen to testimony, discuss and consider the first
reading by title only of Ordinance 2009 -003.
Attachments:
1. Ordinance 2009 -003
2. Text Amendment
3. Findings
4. Resolution 2006 -043
5
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Deschutes County Code
Chapter 11.12.020 Regarding the Pollution Reduction
Credits Payment Timing.
*
*
ORDINANCE NO. 2009-003
WHEREAS, Sagebrush Development LLC., initiated a text amendment to Deschutes County Code
(DCC) Chapter 11.12; to change the timing of when Pollution Reduction Credits (PRCs) are required to be paid
from the time of recording the final plat to the time of issuance of a building permit, and
WHEREAS the Board considered this matter after a public hearing on February 2, 2009 and concluded
that the public will benefit from changes to the land use regulations for payment of Pollution Reduction Credits;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Sections, 11.12.010 and 11.12.020, 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 st-r-iketlifetth.
Section 2. FINDINGS. are as described in Exhibit "B," attached hereto and by this reference
incorporated herein.
///
PAGE 1 OF 2 - ORDINANCE NO. 2009-003 (02/2/09)
Dated this of
ATTEST:
, 2009 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Recording Secretary
Date of 1st Reading:
Date of 2nd Reading:
Record
Commissioner
Tammy Baney
Dennis R. Luke
Alan Unger
Effective date:
ATTEST:
day of
TAMMY BANEY, CHAIR
DENNIS LUKE, VICE CHAIR
ALAN UNGER, COMMISSIONER
, 2009.
day of , 2009.
of Adoption Vote
Yes No Abstained Excused
day of , 2009.
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2009-003 (02/2/09)
Chapter 11.12. TRANSFERABLE DEVELOPMENT CREDIT PROGRAM
11.12.010. Definitions.
11.12.020. TDC Transactions.
11.12.030. TDC Sending Area Eligibility Criteria.
11.12.040. TDC Advisory Committee.
11.12.010. Definitions.
As used in DCC 11.12, the following words and phrases shall mean as set forth in DCC 11.12.010.
"Certificate of TDC Purchase" means a certificate from Deschutes County that documents the purchase or,
in the case of a PRC, creation of TDC(s).
"Department" means, for purposes of this chapter, the Deschutes County Community Developmen
Department.
"Existing Wastewater Treatment System" means a wastewater treatment system in use in the Sending Ares,
on May 31, 2006 that is not a Nitrogen Reducing System approved by Deschutes County.
Financial Assistance Fund" means whichever fund created by the County to aid property owners ii
complying with the requirements to reduce the overall discharge of nitrogen into the basin groundwater of it
south Deschutes County.
"High Priority Deer Migration Corridor Area" means the area mapped in 2000 by the Oregon Department of
Fish and Wildlife which shows the area of priority protection for migrating mule deer within a largea
migration corridor acknowledged under statewide planning Goal 5. A copy of this map is on file with the
Department.
"Net Developable Acre" means the acreage in a tract of land in a Receiving Area calculated by subtracting
the acreage reserved for collector road right -of -way and community parks and open space from the gross
acreage of a subject tract.
"Nitrate Loading Management Model" means the groundwater model developed by the US Geological
Survey to determine the nitrate loading capacity of the drinking water aquifer underlying south Deschutes.
County.
"Nitrogen Reducing System" means a wastewater treatment system that reduces nitrogen loading to the
groundwater in accordance with the Nitrate Loading Management Model and that is approved by Deschute,,
County.
"Pollution Reduction Credit" (PRC) means the credit given for the Retrofitting of an Existing Wastewater
Treatment System or payment into the County's Financial Assistance €Fund.
"Receiving Area" means the area designated by the County where Transferable Development Credits are
required in order to purchase and develop a tract of land.
"Restrictive Covenant" means a legal instrument which places restrictions on future development on a lot or
parcel of land in the Sending Area.
"Retrofit" means to upgrade or replace an Existing Wastewater Treatment System in the Sending Area witl
a Nitrogen Reducing System approved by the County.
"Sending Area" means the area designated by the County in which Transferable Development Credits ma.
be sold.
EXHIBIT A - ORDINANCE 2009 -003 1
Chapter 11.12 (2009)
"TDC Report" means a report from a title company verifying title to and encumbrances on the subject
property.
"Transferable Development Credit" (TDC) means the credit given for a Restrictive Covenant granted to
Deschutes County restricting the placement of a septic system; on the subject property or a PRC.
(Ord. 2008 -XXX § X, 2008;Ord. 2006 -016 §1, 2006; Ord. 2004 -007 §1, 2004; Ord. 2002 -010 §1, 2002)
11.12.020. TDC Transactions.
A. Sale of TDCs from the Sending Area. Either Section B or C shall be followed for the creation of TDCs,
B. Restrictive Covenant
1. The property owner or any other interested person shall request verification from the County that
the subject property is eligible for a TDC.
2. The Department shall send the property owner or interested person written verification confirming
the number of TDCs the subject property is eligible for based on the criteria in DCC 11.12.030.
3. Upon mutual agreement of a sale between the property owner and TDC purchaser, the following:
transactions shall occur:
a. The property owner shall provide a TDC Report to the Department.
b. If the TDC purchaser is other than the County then the property owner and TDC purchaser shall
sign a TDC Contract form provided by the County.
c. Upon Department review and approval of the TDC Report and receipt of payment of the
consideration in accordance with the County's agreement with the property owner or the TDC
Contract pursuant to DCC 11.12.010(A)(3)(b), the County shall prepare a Restrictive Covenant
that restricts development on the subject property. This Restrictive Covenant shall be signed by
the County and the property owner. The County shall record the Restrictive Covenant.
d. Contemporaneously with the recording of the Restrictive Covenant, County shall provide the
TDC purchaser with documentation of the TDC purchase.
C. PRC.
1. The property owner or any other interested person shall request verification from the County that .
the subject property is eligible for a PRC.
2. The Department shall provide the property owner or interested person written verification
confirming the subject property is eligible for a PRC based on the criteria in DCC 11.12.030.
3. The County shall grant a PRC to a developer in the Receiving Area if the developer provides one of
the following:
a. A Retrofit, in cooperation with the property owner of a property eligible for a PRC, Existing
Wastewater Treatment System and documentation submitted to the County that includes proof
of ownership of the subject property, proof of consent of the property owner for the Retrofit.
and final County inspection of the Retrofit; or
b. Payment into the County's Financial Assistance fFund the proportional cost established by
Board of County Commissioner Resolution for a Retrofit. The County's fund shall be use d te>
aid property owners ' • . _ in reducing
the overall discharge of nitrogen into the basin groundwater of in south Deschutes County.
D. Assignment of TDCs to the Receiving Area. Prior to final plat approval in the Receiving Arca, the
1. The total number of required TDCs, including PRCs, applicable to a subdivision in the Receivin}
Area shall be established and made a condition of approval at the time of tentative plan approval.
21 The tract or lot shall be located within the La Pine Neighborhood Planning Area in the La Pirn,
Urban Unincorporated Community and be zoned Residential General or Residential Center. The
Receiving Area is identified on a map prepared and maintained by the Department.
EXHIBIT A - ORDINANCE 2009 -003 2
Chapter 11.12
(2009)
43. TDCs shall be assigned to a lot or tract based on the Net Developable Acres at a rate approved b)
Board of County Commissioner resolution.
64. PRCs shall be assigned to a tract at a rate established by Board of County Commissioner resolution.
65. The Board may, by resolution, adjust the number of TDCs required per acre or alter the factors for
which TDCs are required in the Receiving Area.
76. At the time of final plat approval , any remaining required PRCs for the partition or subdivision
shall be divided by the number of residential lots approved for the partition or subdivision.
7. The required PRCs and their cost for each lot shall be shown on the final plat.
8. Prior to issuance of a building permit for a residential lot in the Receiving Area, the Departmeni .
must have payment of the required number of PRCs for that lot.
E. Non - Residential Districts. Where permitted under DCC 18.61.050, uses in non - residential districts in
the Receiving Area do not require TDCs.
F. Right to Develop. If an owner of a lot or parcel of land eligible for a TDC chooses not to participate it
the TDC program, the owner shall not be restricted from developing said lot or parcel in accordance
with the applicable zoning standards in DCC Title 18, and any other applicable regulations, rules or
standards.
(Ord. 2008 -XXX § X, 2008; Ord. 2006 -016 §1, 2006; Ord. 2004 -007 §1, 2004; Ord. 2002 -010 §1, 2002)
11.12.030. TDC Sending Area Eligibility Criteria.
A. A lot or parcel that meets the following criteria is eligible to receive a TDC. The lot or parcel shall:
1. Be located within the "Sending Area" identified on a map prepared and maintained by the
Department;
2. Be no greater than two acres in area;
3. Be capable of being served by an on -site sewage disposal system that meets current Oregon
Department of Environmental Quality standards, as demonstrated by a satisfactory feasibility
evaluation for an on -site sewage disposal system or when the lot or parcel is shown as being eligible'
for such system on the TDC Sending Area map; and
4. Not be developed with an existing sewage disposal system, or if developed with an existing sewage
disposal system, the landowner shall disable said system, or
5. Have received prior approval for a site evaluation or an installed septic system that has expired or i
no longer valid, or
6. Have an Existing Wastewater Treatment System eligible for a Retrofit.
B. TDCs shall be assigned to an eligible lot or parcel that meets the criteria in DCC 11.12.030(A), as
follows:
1. An eligible lot or parcel upon which a Restrictive Covenant is recorded shall be assigned one TDC.
2. An eligible lot or parcel located in the High Priority Deer Migration Corridor Area upon which it
Restrictive Covenant is recorded shall be assigned an additional one -half TDC.
3. An eligible lot or parcel upon which an Existing Wastewater Treatment System has been Retrofitted
shall be assigned one TDC.
4. The Board of County Commissioners may by Resolution revise the number of TDCs assigned or
the factors for which TDCs are assigned to eligible lots or parcels in the Sending Area.
(Ord. 2006 -016 §1, 2006; Ord. 2004 -007 §1, 2004; Ord. 2002 -010 §1, 2002)
11.12.040. TDC Advisory Committee.
A. Purpose. The TDC Advisory Committee is an advisory committee whose purpose is to assist staff it
implementing the TDC program and to recommend to staff the means to accomplish the goals o
Regional Problem Solving insofar as the transfer of development credits from the Sending Area to the.
Receiving Area are concerned.
EXHIBIT A - ORDINANCE 2009 -003 3
Chapter 11.12 (2009)
B. Duties. The committee will advise staff in evaluating the TDC program for record keeping accuracy.,
determine if program goals are being met, consider whether any changes to the TDC allocation criteria
in the Sending Area or TDC requirements in the Receiving Area are advisable, or if any other revisions
to the program are warranted. The committee may assist the County in determining which TDC options
to exercise.
C. Committee member terms. Committee members will be selected by staff based on the knowledge and
expertise that each member may contribute to the development of the TDC Program. One -half the
initial members shall serve for one year and one -half shall serve for two years. Thereafter, members
shall serve two -year terms. Members may be requested to serve additional terms. Staff shall report the
membership of the TDC Advisory Committee to the Board of County Commissioners on an annual
basis.
D. Committee members. The TDC Advisory Committee may include a representative from each of the
following organizations, agencies or professions:
1. The International Society of Appraisers or an Oregon State Certified Appraiser;
2. A firm established for the purpose of real estate development or the representation of development
interests;
3. An individual with recognized expertise in hydrology or ground water;
4. An individual with recognized expertise in big game wildlife management;
5. The Community Solutions Team for Central Oregon;
6. An individual who resides in the designated Sending Area;
7. A member of the La Pine Community Action Team;
8. The Deschutes County Community Development Department Director or designee as an ex officio
member.
9. Staff may select additional members as it deems appropriate.
(Ord. 2006 -016 §1, 2006; Ord. 2003 -033 §1, 2003; Ord. 2002 -010 §1, 2002)
EXHIBIT A - ORDINANCE 2009 -003 4
Chapter 11.12 (2009)
TA -08 -8 FINDINGS
This proposed text amendment is initiated by Sagebrush Development, LLC, owner of
Quadrant 1a, 1b and Id in the Newberry Neighborhood Planning Area. This proposal
changes the timing of when Pollution Reduction Credits (PRC's) are required to be paid.
DCC 11.12.020 currently requires that payment for all PRCs is required prior to final plat
approval. The text amendment will allow payment of all PRCs at the time of issuance of
a building permit. The applicant requested the proposed amendments to allow
developers of the Neighborhood Planning Area to provide the infrastructure for
development and a mechanism to allow lots to be sold to individual builders without the
significant upfront PRC cost prior to any construction.
The Planning Commission held a work session on November 13, 2008 and a public
hearing on December 11, 2008 and recommended approval with no changes.
The Board held a work session January 14, 2009 and a public hearing and first reading
on February 2, 2009, following the recommendation of the Planning Commission.
DESCHUTES COUNTY COMPREHENSIVE PLAN:
The Deschutes County Comprehensive Plan, Chapter 23.44 Regional Problem Solving
for South Deschutes County specifically address goals for preserving water and air
quality, reducing wildfire and the protection of wildlife habitat in south Deschutes county.
The proposal maintains the preservation of the Neighborhood Planning Area as a
"receiving area" and provides mechanisms through the Transferable Development Credit
and PRC programs to protect the groundwater of south Deschutes County. Therefore
this proposal is found to be consistent with the comprehensive plan chapter 23.44 goals
and strategies.
CONCLUSION:
The Board finds that the amendments attached to Ordinance 2009 -003 as Exhibit A will
continue to further the purposes for the Neighborhood Planning Area ( "NPA ") as
described in the Comprehensive Plan because the retrofitting of individual septic
systems in the sending area will still occur and the developers in the NPA still have the
option to actually install nitrogen reducing wastewater treatment systems on properties
in the Sending Area. Also, the developers will still have a requirement to pay into the
fund that the County will use to assist property owners in the Sending Area for future
wastewater treatment systems, albeit not as the code required prior to these
amendments. Also, the amendments will provide a means by which individual
developers will better be able to develop the New Neighborhood. They can better
develop in the Newberry Neighborhood because financing all the PRCs prior to the final
plat approval would be difficult, especially for developers that are not large corporations.
If the developers are better able to achieve financing and spread the costs of the PRCs,
the program in the NPA is likely to have more success because more buyers will likely
be interested in developing in the NPA.
EXHIBIT "B" ORDINANCE 2009 -003
REV D
LEGAL OUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS W N % 555
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 06108/2006 03:45:21 PM
I
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution establishing Pollution Reduction
Credits as part of the Transferable Development
Credit Program required for developing the La
Pine Neighborhood Receiving Area
RESOLUTION NO. 2006-043
WHEREAS, on June 6, 2006, the Board of County Commissioners ( "Board ") adopted Ordinance 2006-
016 amending Deschutes County Code Chapter 11.12 to define a Transferable Development Credit ("TDC") as
including a Pollution Reduction Credit ( "PRC ") for the retrofitting, as that term is defined in Ordinance 2006-
016, of existing wastewater treatment systems or for payment in lieu of retrofits, and
WHEREAS, Ordinance 2006 -016 also amended Chapter 11.12 to allow developers to contribute to the
County's fund for TDCs and PRCs instead of installing retrofits in order to develop in the TDC program's
"Receiving Area;" and
WHEREAS, the TDC Review Committee met and recommended that 534 PRCs are needed to complete
the development of Quadrants 2a, 2b and 2d, 325 TDCs are needed for Quadrants la, lb and ld, and 3,654 for
Neighborhoods 3 and 4 in the Newberry Neighborhood with the PRCs to be divided proportionally, according to
the gross number of acres, among each of the quadrants within each designated Neighborhood, and
WHEREAS, the TDC Review Committee also recommended that payment into the County's fund shall
be used by the County to aid property owners in retrofitting existing wastewater treatment systems, and;
WHEREAS, DCC 11.12.020 states that the Board may, by Resolution, adjust the number of TDCs
required in the Receiving Area or alter the factors for which TDCs are required in the Receiving Area; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The number of PRCs needed to develop Quadrants 2a, 2b, and 2d is 534, to be divided
proportionally, according to the gross number of acres, among each of those quadrants.
Section 2. The number of PRCs needed to develop Quadrants la, lb, and Id is 325, to be divided
proportionally, according to the gross number of acres, among each of those quadrants.
Section 3. The number of PRCs needed for Neighborhoods 3 and 4 total 3,654, to be divided
proportionally, according to the gross number of acres, among each of the quadrants in those neighborhoods.
PAGE 1 OF 2 - RESOLUTION NO. 2006-043 (06/05/2006)
Section 4. Payment of $7,500.00 into the County's fund by developers in the Newberry
Neighborhood shall equal one PRC.
DATED this.J ' day of , 2006.
(groetaALAITEST:
Recording Secretary
PAGE 2 OF 2 - RESOLUTION NO. 2006-043 (06/05/2006)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DE
S R. LUKE, C air
BEV CLARNO, Vice Chair