1994-11154-Ordinance No. 94-003 Recorded 3/17/199494-11154
An Ordinance Amending the Deschutes County
Comprehensive Plan to Adopt and Delete
Certain "iB" Policies Regarding Goal 5
Resources and Declaring an Emergency.
ORDINANCE NO. 94-003 0129-0113
WHEREAS, the Land Conservation and Development
Commission issued a Remand Order 93 -RA -883, requiring
Deschutes County to amend the Deschutes County Comprehensive
Plan to adopt a Goal 5 111B" policy for groundwater resources
and scenic resources; and,
WHEREAS, the Oregon Department of Fish and Wildlife
finds that the Townsend's Big -eared bat site identified as a
111B" site in the Resource Element of the Deschutes County
Year 2000 Comprehensive Plan as amended by Ordinance 93-041
is not a hibernation or nursery site for Townsend's Big -eared
bats and is therefore not a significant Goal 5 resource; and,
WHEREAS, after notice was given and hearing conducted
in accordance with applicable law, the Board of County
Commissioners has considered the Planning Commission's
recommendations; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That the Fish and Wildlife Inventories
Conflict ESEE Analyses section of the Resource Element of the
Deschutes County Year 2000 Comprehensive Plan as amended by
Ordinance 92-041, be amended to delete the listing of and
references to the Townsend's Big -eared Bat habitat site in
Township 18S, Range 12E, Section 21, as a "iB" site, as set
forth in Exhibit A, attached hereto and by this reference
incorporated herein.
Section 2. That the Water Resources Section of the
Deschutes County Comprehensive Plan be amended to add a new
policy to the Water Resources -Resource Study policies as
follows:
"When information is
quality and quantity of
county will determine
resource and complete
groundwater resources
660-16."
1 - ORDINANCE - NO. 94-003
available on the location,
groundwater resources, the
the significance of the
the Goal 5 process for
in accordance with OAR
KEY
1994
3/16/94
REVIEWED
-
LEGAL COUNSEL
UTES
COUNTY,
OREGON
7
r �:
ORDINANCE NO. 94-003 0129-0113
WHEREAS, the Land Conservation and Development
Commission issued a Remand Order 93 -RA -883, requiring
Deschutes County to amend the Deschutes County Comprehensive
Plan to adopt a Goal 5 111B" policy for groundwater resources
and scenic resources; and,
WHEREAS, the Oregon Department of Fish and Wildlife
finds that the Townsend's Big -eared bat site identified as a
111B" site in the Resource Element of the Deschutes County
Year 2000 Comprehensive Plan as amended by Ordinance 93-041
is not a hibernation or nursery site for Townsend's Big -eared
bats and is therefore not a significant Goal 5 resource; and,
WHEREAS, after notice was given and hearing conducted
in accordance with applicable law, the Board of County
Commissioners has considered the Planning Commission's
recommendations; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That the Fish and Wildlife Inventories
Conflict ESEE Analyses section of the Resource Element of the
Deschutes County Year 2000 Comprehensive Plan as amended by
Ordinance 92-041, be amended to delete the listing of and
references to the Townsend's Big -eared Bat habitat site in
Township 18S, Range 12E, Section 21, as a "iB" site, as set
forth in Exhibit A, attached hereto and by this reference
incorporated herein.
Section 2. That the Water Resources Section of the
Deschutes County Comprehensive Plan be amended to add a new
policy to the Water Resources -Resource Study policies as
follows:
"When information is
quality and quantity of
county will determine
resource and complete
groundwater resources
660-16."
1 - ORDINANCE - NO. 94-003
available on the location,
groundwater resources, the
the significance of the
the Goal 5 process for
in accordance with OAR
KEY
1994
3/16/94
0129-0114
Section 3. That the Open Space, Areas of Special
Concern and Environmental Quality section of the Deschutes
County Comprehensive Plan be amended to add the following
policy:
"16. The county shall conduct an inventory of
outstanding scenic resources not sufficiently
protected by the Landscape Management Zone.
The inventory shall be conducted in accordance
with OAR 660-16. Comprehensive Plan policies
and implementing ordinances to protect
resources identified in the inventory shall be
adopted prior to Department of Land Conserva-
tion and Development initiation of the next
periodic review process, pursuant to ORS
197.633(3)(a)."
Section 4. Language shown in brackets is to be
deleted. Language shown in bold-faced type is to be added.
Section 5. In support of its decision, the Board
adopts the staff report and recommendations of the Planning
Commission, attached hereto as Exhibit "B" and incorporated
herein by reference.
Section 5. 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 1( day of r )&I<A, -, 1994.
OF COUNTY COMMISSIONERS OF
'ES COUNTY, OREGON
, Chair
tom 9HROOP,l Com sinner
TE T: l
Recording Secretary BARRY H SLAUGHTER, Commissioner
2 - ORDINANCE - NO. 94-003 3/16/94
Exhibit "A" To Ordinance 94-003 0129-0115
HABITAT AREAS FOR TOWNSEND'S BIG -EARED BATS
Description: Caves and other sites used by the Townsend's
big -eared bats for hibernating, roosting and nursery.
Inventory: The inventory information presented in the
following tables has been provided by the Oregon Department
of Fish and Wildlife, and the Oregon State University
Cooperative Wildlife Research Unit and the Oregon Natural
Heritage Data Base. The sites are used by Townsend's big -
eared bats as nursery and hibernating habitat.
The inventory separates sites located on federal land from
those on private land. The federal sites are not analyzed
further in the Goal 5 process as they protected through the
management and planning process for federal lands. The sites
located on private land are mapped on the Sensitive Bird and
Mammal Map. The federal sites are not included on the map
unless the impact area around the habitat site extends into
private land.
[One site is listed as 111B" because there is insufficient
information to precisely locate the site.]
TABLE 18
TOWNSEND'S BIG -EARED BAT HABITAT SITES INVENTORY
PRIVATE LAND SITES
Township
Range
Section
Quarter
General
Location
15S
13E
21
SE
Redmond
Cave
19S
13E
13
E 1/2
Stookey
Ranch
TABLE 19
TOWNSEND'S BIG -EARED BAT HABITAT SITES ON FEDERAL
Township
Range
Section
Quarter
General Location
19S
09E
14
SE 1/2
Edison Ice Cave
19S
11E
26
SE 1/4
Lava River Cave
19S
13E
04
SW 1/4
Skeleton Cave
19S
13E
08
SENW
Boyd Cave
ORDINANCE - NO. 94-003 3/16/94
Exhibit "A" - Page 1
0129-0110
TABLE 19 - Continued
Township
Range
Section
Quarter
General Location
19S
13E
14
SE 1/4
Wind Cave
19S
13E
14
SE 1/4
Pictograph Cave
19S
13E
23
SW 1/4
Charley the Cave
19S
13E
27
NENW
Charcoal Cave
19S
13E
23
W 1/2
DEG Cave
22S
15E
07
Lees Cave
22S
15E
16
SW 1/4
LQM Cave
[ TABLE 20
TOWSEND'S BIG -EARED BAT HABITAT "1B" SITE
INSUFFICIENT LOCATIONAL INFORMATION
18 12 21 5 miles SE of
Deschutes River]
The Oregon Department of Fish and Wildlife non -game biologist
recommends that the impact area around the cave site where
Townsend's big -eared bats are found should be a radius of
1,320 feet. The biologist recommends that prior to approval
of any development within the radius of the cave that a
management plan be developed to protect the habitat needs of
the bats. Researchers are currently studying the bats to
learn more about the extent of the habitat.
Location, Quality and Quantity:
The location of the habitat sites is described above in
Tables 1, 2, and 3. Information on the number of bats is
available in a report by J. Mark Perkins, Summary of Fort
Rock District Use by Bats With Emphasis _onPlecotus
Townsendii - 1985-1991.
The Townsend's big -eared bat is listed as an Oregon sensitive
species with a vulnerable classification. The bat is
classified as a Federal Category 2 sensitive species. The
Category 2 species need additional information in order to be
proposed for federal listing as a threatened or endangered
species under the federal Threatened and Endangered Species
Act.
ORDINANCE - NO. 94-003 3/16/94
Exhibit "A" - Page 2
Conflicting Uses Determination and Analysis: 0129-0117
The Redmond Cave site is zoned Exclusive Farm Use -40. The
Stookey Ranch site is zoned Exclusive Farm Use -320. The
uses permitted in these zones that could conflict with the
habitat site are surface mining, recreation facilities
including golf courses and destination resorts, roads,
logging, air strips. The report identified above cites
recreational conflicts at most of the caves located on
federal land. Large numbers of visitors can disturb the
bats. The Deschutes National Forest has also identified the
removal of nearby riparian vegetation where the bats feed as
a conflicting use.
Economic, Social, Environmental and Energy Consequences of
Conserving sensitive bird sites
1. Economic Consequences: Limiting aggregate extraction
as a conflicting use does not have an economic
consequence at this time because there are not any
identified aggregate sites adjacent to the identified
bat habitat sites located on non-federal land. There
are no identified aggregate sites with in the impact
area of the identified habitat sites on private land.
The economic consequences of protecting sensitive bat
habitat sites from residential conflicts could prohibit
the development of a property for residential use which
would lower its value. However, both of the identified
sites are located on large parcels where a residence
could be located outside of the habitat site.
Regulating or prohibiting conflicting uses associated
with intensive recreational use or resort development
to protect could restrict the area available for such
development.
Caves are visited by tourists who are interested in
geology and natural history. By limiting development
and vegetation removal around the bat caves, the caves
retain their natural characteristics and attraction to
some tourists. If tourist use is limited to reduce
conflict with the bats, there could be a minor negative
economic consequence.
2. Social Consequences: The negative social consequence of
limiting recreational use in or near an identified
significant bat cave would cause those activities to be
channeled to other areas. Limiting such recreational
use on federal lands is not within the jurisdiction of
the county. By limiting conflicting uses people
interested in wildlife would have enhanced opportunities
for viewing the bats in their natural habitat.
3. Environmental Consequences: The environmental
consequences of limiting development near sensitive bat
ORDINANCE - NO. 94-003 3/16/94
Exhibit "A" - Page 3
0129-0118
caves are positive. Opportunities for bats to thrive in
a habitat without repeated interference or disturbances
from man should be a positive consequence. Restricting
vegetation removal through a management plan will retain
habitat features which are necessary for the foraging
bats. Limiting residential, recreational and resort
development in the vicinity of a cave would limit
disturbance which could cause the bats to leave the
habitat site.
4. Energy Consequences: There are no significant energy
consequences associated with limiting conflicts with bat
habitat sites.
5. Conclusion: Based on the ESEE analysis, the identified
consequences should be balanced so as to allow the
conflicting uses but in a limited way so as to protect
the resource to a desired extent.
6. Program to Achieve the Goal (protect sensitive bird
sites)
Ordinance 92-042 adopted the Sensitive Bird and Mammal
Combining Zone for the sensitive birds and the Townsend's
big -eared bat. The zone requires that a management plan be
developed and reviewed by the Oregon Department of Fish and
Wildlife if a development is proposed within the 1,320 feet
of an inventoried Townsend's big -eared bat habitat site on
private land. The zone does not regulate forest practices
which are regulated by the Forest Practices Act.
The Deschutes National Forest Land and Resource Management
Plan has provisions for cave management which prohibit clear
cutting within 250 feet of the entrance of caves with
significant bat populations. The plan also requires a 150 to
200 foot wide forested corridor between the entrance of the
cave and the nearest foraging area. If the foraging area is
a nearby stream, trees will not be harvested for 75 to 100
feet on either side. The Forest Service has a guideline
which states that significant and potentially significant
caves will be protected and managed in accordance with the
Federal Cave Resources Protection Act of 1988.
ORDINANCE - NO. 94-003 3/16/94
Exhibit "A" - Page 4
0129-0119
Exhibit "B" To Ordinance 94-003
DESCHUTES COUNTY PLANNING DIVISION
STAFF REPORT
FILE NUMBER:
PUBLIC HEARING:
TIME:
PLACE:
APPLICANT:
TA -94-1, Ordinance 94-003
Board of County Commissioners
March 16, 10:00 a.m.
Hearings Room "A" Juvenile Justice
Deschutes County
REQUEST: Amendment to Deschutes County Comprehensive
Plan to adopt a "iB" policy for groundwater
resources and scenic resources and delete a
Townsend's big -eared bat site from the Goal
5 wildlife inventory.
STAFF: Catherine Morrow, Associate Planner
The proposed amendments to the Comprehensive Plan are
required by the periodic review remand order (93 -RA -883).
The Deschutes County planning commission conducted a public
hearing on Ordinance 94-03 on January 27, 1994. No testimony
was presented. The planning commission voted to forward the
proposed ordinance with a recommendation for approval to the
Board of County Commissioners.
Townsend's Big Eared Bat Site
As part of periodic review the county adopted a wildlife
inventory for sensitive species including Townsend's big
eared bats (Ordinance 92-041). Table 20 listed a Townsend's
big -eared bat site as a Goal 5 111B" site. A "iB" site is one
with insufficient information to determine the significance
of the site. OAR 660-16 requires the county to adopt a
Comprehensive Plan "iB" policy for inventoried Goal 5
resources with insufficient information. The county failed
to adopt such a policy for the bat site. Consequently, the
LCDC remand order required adoption of a 111B" policy.
Staff asked the Oregon Department of Fish and Wildlife (ODFW)
to determine if any additional information was available to
complete the Goal 5 process for the "iB" Townsend's big -eared
bat site. ODFW reviewed their records and determined that
the site was on their inventory because Townsend's big -eared
bats were trapped at the location in the 19501x. The site is
not a hibernating or nursery site for the bats. The county
ORDINANCE - NO. 94-003 3/16/94
Exhibit "B" - Page 1
0129-0120
is only protecting the sensitive habitat of nursery and
hibernating sites. Therefore, "Table 20" which contains the
"iB" bat site may be deleted because ODFW has found that the
site is not sensitive habitat for Townsend's big -eared bats.
Groundwater 111B" Polic
The county failed to adopt a Goal 5 111B" policy for
groundwater resources. There is insufficient information at
this time to determine the location, quality and quantity of
groundwater resources in the county. The proposed policy
meets the requirement of the Remand Order to adopt a 111B"
policy.
Scenic Resources Inventor
The county periodic review order proposed adoption of the
policy contained in section 3 of draft Ordinance 94-003.
This policy was proposed in the conclusion of the cumulative
effects review of the landscape management zone. The policy
was never adopted. The LCDC periodic review remand order
requires adoption of this 111B" policy for scenic resources.
ORDINANCE - NO. 94-003 3/16/94
Exhibit "B" - Page 2