2001-393-Ordinance No. 2001-019 Recorded 4/27/2001VOL: CJ2001 PAGE: 393
RECORDED DOCUMENT
STATE OF OREGON
COUNTY OF DESCHUTES
*02001-393 * Vol -Page Printed: 05/03/2001 13:42:30
DO NOT REMOVE THIS CERTIFICATE
(This certificate constitutes a part of the original instrument in accordance with
ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect
the admissibility of the original instrument into evidence in any legal proceeding.)
I hereby certify that the attached instrument was received
and duly recorded in Deschutes County records:
DATE AND TIME:
DOCUMENT TYPE:
Apr. 27, 2001; 2:40 p.m.
Ordinance (CJ)
NUMBER OF PAGES: 13
MARY SUE PENHOLLOW
DESCHUTES COUNTY CLERK
KF_OLIN ED
001
Vii. � . 3 s' },:
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTLS-C—Q`�ITY--,JUREM.
eff M I' ,J Q -2 -
An Ordinance Amending o Title 18 the * iK
Deschutes County Zoning Ordinance, *,
of the Deschutes County Code, to Allow * CD-
Destination Resorts in the Wildlife Area * c
Combining Zone.
ORDINANCE NO. 2001-019 r =
-1C�
WHEREAS, Sunriver Resort Limited Partnership submitted an application %r a
legislative amendment to the Deschutes County Zoning Ordinance; and
WHEREAS, the Deschutes County Planning Commission conducted a public hearing on
the proposed amendments, and have now forwarded the proposed amendments to the Board of
County Commissioners; and
WHEREAS, after notice was given and hearing conducted on April 4, 2001 before the
Board of County Commissioners in accordance with applicable law, the Board of County
Commissioners has considered the proposed amendments; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. AMENDMENT. Section 18.88.040, Uses permitted conditionally, of the
Deschutes County Zoning Ordinance is amended to read as set forth in Exhibit "A," attached
hereto and by this reference incorporated herein, with new language underlined and deleted
language shown in str-ike .
Section 2. FINDINGS. The Board of County Commissioners adopts as its findings and
conclusions in support of the amendment the Findings attached hereto as Exhibit "B," and by
this reference incorporated herein.
DATED this e:�) —day of April, 2001.
BOARD OF COUNTY COMMISSIONERS
OF DESCHU ES CO UN Y, OREGON
Tom eWolf, Chair
ATTEST: Dennis R. Luke, Com 'ssioner
�f�U.2,zz V'4 a 0 la�
Recording Secretary Michael M. Daly, mmissioner
PAGE 1 OF 1 - ORDINANCE NO. 2001-019 (4/4/01)
Exhibit "A"
Chapter 18.88. WILDLIFE AREA
COMBINING ZONE -
WA
18.88.010.
Purpose.
18.88.020.
Application of provisions.
18.88.030.
Uses permitted outright.
18.88.040.
Uses permitted conditionally.
18.88.050.
Dimensional standards.
18.88.060.
Siting standards.
18.88.070.
Fence standards.
18.88.010. Purpose.
The purpose of the Wildlife Area Combining
Zone is to conserve important wildlife areas in
Deschutes County; to protect an important
environmental, social and economic element of
the area; and to permit development compatible
with the protection of the wildlife resource.
(Ord. 2001-016 § 2, 2001; Ord. 93-043 §§ 13 and
13A, 1993)
18.88.020. Application of provisions.
The provisions of DCC 18.88.020 shall apply to
all areas identified in the Comprehensive Plan as
a winter deer range, significant elk habitat,
antelope range or deer migration corridor.
Unincorporated communities are exempt from the
provisions of DCC 18.88.
(Ord. 2001-016 § 2, 2001; Ord. 96-003 § 6, 1996;
Ord. 92-042 § 1, 1992)
18.88.030. Uses permitted outright.
In a zone with which the WA Zone is combined,
the uses permitted outright shall be those
permitted outright by the underlying zone.
(Ord. 2001-016 § 2, 2001; Ord. 92-042 § 1, 1992;
Ord. 91-020 § 1, 1991)
18.88.040. Uses permitted conditionally.
A. Except as provided in DCC 18.88.040(B), in
a zone with which the WA Zone is combined,
the conditional uses permitted shall be those
permitted conditionally by the underlying
zone subject to the provisions of the
Comprehensive Plan, DCC 18.128 and other
applicable sections of this title.
B. The following uses are not permitted in that
portion of the WA Zone designated as deer
winter ranges, significant elk habitat or
antelope range:
1. Golf course, not included in a destination
resort;
2. Commercial dog kennel;
3. Church;
4. Public or private school;
5. Bed and breakfast inn;
6. Dude ranch;
7. Playground, recreation facility or
community center owned and operated
by a government agency or a nonprofit
community organization;
8. Timeshare unit;
9. Veterinary clinic;
10. Fishing lodge.
C. TheSnhiect to subsection F., the following
uses are permitted in that portion of the WA
zone designated as the Bend/La Pine Deer
Migration Corridor as conditional uses:
1. Church;
2. Public or private school;
3. Bed and breakfast inn;
4. Playground, recreation facility or
community center owned and operated
by a government agency or a nonprofit
community organization;
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E. Use limitations. The uses listed in DCC
18.88.040(C) are subject to the applicable
provisions of DCC 18.116 and 18.124 and
the following criteria:
1. The parcel shall be zoned RR -10;
2. The parcel shall be located within one-
quarter mile of a rural service center and
be located adjacent to a rural collector or
a rural arterial identified on the
Deschutes County Transportation Plan;
PAGE 1 OF 3 — EXHIBIT "A" TO ORDINANCE NO. 2001-19 (4/4/01)
Exhibit "A"
3. The parcel shall be no less than one acre
and no more than five acres in size;
4. The parcel shall be farther than 100 feet
from identified wetlands, floodplains or
riparian areas.
5. The property shall be outside areas
designated as "Existing High Use
Migration Areas" or "Important
Connective Areas Through Existing
Developed Areas" on the 1997 ODFW
map submitted to the South County
Regional Problem Solving Group.
6. Fences developed as part of the
conditional uses listed in DCC
18.88.040(C) shall be built from posts
and poles or smooth wire and shall have
a minimum bottom pole or wire height of
18 inches from the ground and a
maximum top pole or wire height of 40
inches from the ground. Fences
exempted from these standards shall be
constructed in accordance with the
provisions of DCC 18.88.070(B).
EE. Expansion of any use listed in DCC
18.88.040(B) that was lawfully established
prior to August 5, 1992, is allowed, subject to
provisions of DCC Title 18 applicable to the
establishment of such uses. Expansion of
golf courses under DCC 18.88.040 shall be
limited to a final size of 18 holes.
F. An application fo, a destination iesort, vi any
portion the, cof, in a Wildlif� Are
eviribining Zone shall not bc accepted
pending, completion of the eounty's 6oal 8
(Ord. 2001-19 § 1, 2001; Ord. 2001-016 § 2,
2001; Ord. 98-013 § 1, 1998; Ord. 95-075 § 1,
1995; Ord. 95-001 § 3, 1995; Ord. 92-042 § 1,
1992)
18.88.050. Dimensional standards.
In a WA Zone, the following dimensional
standards shall apply:
A. In the Tumalo, Metolius, North Paulina and
Grizzly deer winter ranges designated in the
Comprehensive Plan Resource Element, the
minimum lot size for new parcels shall be 40
acres except as provided in DCC
18.88.050(D).
B. In areas designated as significant elk habitat
in the Comprehensive Plan Resource
Element, the minimum lot size for new
parcels shall be 160 acres.
C. In areas designated as antelope range in the
Comprehensive Plan Resource Element, the
minimum lot size for new parcels shall be
320 acres.
D. Residential land divisions, including
partitions, in deer winter range where the
underlying zone is RR -10 or MUA-10, shall
not be permitted except as a planned
development or cluster development
conforming to the following standards:
1. The minimum area for a planned or
cluster development shall be at least 40
acres.
2. The planned or cluster development shall
retain a minimum of 80 percent open
space and conform with the provisions of
DCC 18.128.200 or 210.
3. Notwithstanding the provisions of DCC
18.128.200 or 210, or DCC
18.60.060(C), the total number of
residences in a cluster development may
not exceed the density permitted in the
underlying zone.
E. Residential land divisions, including
partitions, in the Bend/La Pine Deer
Migration Corridor where the underlying
zone is RR -10 shall not be permitted except
as a cluster development conforming to the
following standards:
1. The minimum area for a cluster
development shall be at least 20 acres.
2. The cluster development shall retain a
minimum of 80 percent open space and
conform with the provisions of DCC
18.128.200 or 210.
3. Notwithstanding the provisions of DCC
18.128.200, or DCC 18.60.060(C), the
total number of residences in the cluster
development may not exceed the density
permitted in the underlying zone.
(Ord. 2001-016 § 2, 2001; Ord. 95-075 § 1, 1995;
Ord. 92-042 § 1, 1992)
PAGE 2 OF 3 — EXHIBIT "A" TO ORDINANCE NO. 2001-19 (4/4/01)
Exhibit "A"
18.88.060. Siting standards.
A. Setbacks shall be those described in the
underlying zone with which the WA Zone is
combined.
B. The footprint, including decks and porches,
for new dwellings shall be located entirely
within 300 feet of public roads, private roads
or recorded easements for vehicular access
existing as of August 5, 1992 unless it can be
found that:
1. Habitat values (i.e., browse, forage,
cover, access to water) and migration
corridors are afforded equal or greater
protection through a different
development pattern; or,
2. The siting within 300 feet of such roads
or easements for vehicular access would
force the dwelling to be located on
irrigated land, in which case, the
dwelling shall be located to provide the
least possible impact on wildlife habitat
considering browse, forage, cover, access
to water and migration corridors, and
minimizing length of new access roads
and driveways; or,
3. The dwelling is set back no more than 50
feet from the edge of a driveway that
existed as of August 5, 1992.
C. For purposes of DCC 18.88.060(B):
1. A private road, easement for vehicular
access or driveway will conclusively be
regarded as having existed prior to
August 5, 1992 if the applicant submits
any of the following:
a. A copy of an easement recorded with
the County Clerk prior to August 5,
1992 establishing a right of ingress
and egress for vehicular use;
b. An aerial photograph with proof that
it was taken prior to August 5, 1992
on which the road, easement or
driveway allowing vehicular access
is visible;
c. A map published prior to August 5,
1992 or assessor's map from prior to
August 5, 1992 showing the road
(but not showing a mere trail or
footpath).
2. An applicant may submit any other
evidence thought to establish the
existence of a private road, easement for
vehicular access or driveway as of
August 5, 1992 which evidence need not
be regarded as conclusive.
(Ord. 2001-016 § 2, 2001; Ord. 95-001 3, 1995;
Ord. 92-042 § 1, 1992)
18.88.070. Fence standards.
The following fencing provisions shall apply as a
condition of approval for any new fences
constructed as a part of development of a
property in conjunction with a conditional use
permit or site plan review.
A. New fences in the Wildlife Area Combining
Zone shall be designed to permit wildlife
passage. The following standards and
guidelines shall apply unless an alternative
fence design which provides equivalent
wildlife passage is approved by the County
after consultation with the Oregon
Department of Fish and Wildlife:
1. The distance between the ground and the
bottom strand or board of the fence shall
be at least 15 inches.
2. The height of the fence shall not exceed
48 inches above ground level.
3. Smooth wire and wooden fences that
allow passage of wildlife are preferred.
Woven wire fences are discouraged.
B. Exemptions:
1. Fences encompassing less than 10,000
square feet which surround or are
adjacent to residences or structures are
exempt from the above fencing
standards.
2. Corrals used for working livestock.
(Ord. 2001-016 § 2, 2001; Ord. 92-042 § 1, 1992)
PAGE 3 OF 3 — EXHIBIT "A" TO ORDINANCE NO. 2001-19 (4/4/01)
EXHIBIT B
FINDINGS OF THE BOARD OF COUNTY COMMISSIONERS
SUPPORTING ADOPTION OF AMENDMENTS TO THE RESOURCE
MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN
AND TO CHAPTER 18.88 OF THE DESCHUTES COUNTY CODE
Purpose:
1. The purpose of these findings is to support the Board of County Commissioner's (the
"Board") adoption of legislative text amendments to both the Resource Management
Element of the Deschutes County Comprehensive Plan and Chapter 18.88 of the
Deschutes County Code ("DCC"). Pursuant to DCC Section 22.12.030, Sunriver Resort
Limited Partnership ("Applicant") submitted concurrent applications for the text
amendments. The amendments will allow the County to accept an application for a
conditional use permit for a destination resort within the boundaries of the Bend/La Pine
Deer Migration Corridor, but outside of the Deer Migration Priority Area established by
the Oregon Department of Fish and Wildlife.
2. The amendment to the Comprehensive Plan (PA -00-10) will eliminate Fish and Wildlife
Policy 19 of the Comprehensive Plan. Policy 19 currently provides:
"An application for a destination resort, or any portion thereof, in a wildlife area
combining zone shall not be accepted pending completion of the County's Goal 8
destination resort mapping process. The County shall complete the Goal 8 destination
resort mapping process by December 31, 1992. "
The Comprehensive Plan amendment includes an amendment of the analysis of the
economic, social, environmental, and energy consequences ("ESEE") of protecting the
Bend/La Pine Deer Migration Corridor.
The amendment to DCC Chapter 18.8 8, Wildlife Area Combining Zone (TA -00-13), will
amend Section 18.88.040(C), Uses Permitted Conditionally, by adding the reference
"Subject to subsection E," to clarify that the conditional uses allowed in the Bend/La Pine
Deer Migration Corridor are permitted subject to the use limitations in DCC Section
18.88.040(E). The amendment also adds a new subsection (D) that will include the
following language:
"Subject to Chapter 18.113, destination resorts are allowed as a conditional use in that
portion of the WA Zone designated as the Bend/La Pine Deer Migration Corridor as long
as the property is not in an area designated as "Deer Migration Priority Area " on the
1999 ODFW Map submitted to the South County Regional Problem Solving Group. "
The amendments to DCC Section 18.88.040 will also delete subsection 18.88.040(F),
which includes language identical to the language of Fish and Wildlife Policy No. 19.
1J:\DOCUME-1\tracyt\LOCALS-1\Temp\Sunriver v. 7 - FINDINGS - WILDLIFE TEXT
4. The amended ESEE associated with the text amendments complies with Statewide
Planning Goal 5 and its implementing administrative rule, OAR 660-023. The
amendments to the Comprehensive Plan, DCC Chapter 18.88, and the ESEE have been
conducted in compliance with the requirements contained in OAR 660-23 for a post -
acknowledgement plan amendment ("PAPA") affecting a wildlife habitat resource.
Background:
5. On November 1, 1979, the Board adopted its Comprehensive Plan, including goals and
policies for the protection of fish and wildlife resources. The Fish and Wildlife Chapter
of the Resource Element of the Comprehensive Plan includes inventories and discussion
of the fish and wildlife resources throughout the county. On November 1, 1979, the
Board also adopted PL -15, containing provisions for the Wildlife Area Combining Zone.
6. As part of the periodic review process required by the Oregon Department of Land
Conservation and Development and in compliance with Goal 5, on August 5, 1992, the
Board adopted a new Fish and Wildlife Chapter to the Resource Element of the
Deschutes County Year 2000 Comprehensive Plan through Ordinance No. 92-041. The
addition included the inventory, conflicts analysis and the analysis of the ESEE
consequences of protecting County fish and wildlife resources. At the same time, the
Board adopted amendments to the goals and policies in the Fish and Wildlife Chapter of
the Deschutes County Year 2000 Comprehensive Plan through Ordinance No. 92-040
and amendments to DCC Chapter 18.88, the Wildlife Area Combining Zone, through
Ordinance No.92-042. The Board further amended DCC Chapter 18 by adding new
wildlife areas to the Wildlife Area Combining Zone, including the Bend/La Pine Deer
Migration Corridor through Ordinance No. 92-046.
As of August 5, 1992, the County had not yet completed a distinct Goal 8 process of
mapping areas as eligible for destination resort siting. Based upon the incomplete status
of that project, the amendments to both the Comprehensive Plan and DCC Chapter 18.88
contained provisions that prohibited applications for destination resorts within the
Wildlife Area Combining Zone pending the completion of the County's Goal 8
destination resort mapping process. Pursuant to the language included in the ESEE, the
Goal 8 mapping project was to be completed by December 31, 1992.
7. On February 7, 1992, the County initiated a process of designating lands eligible for
destination resorts in compliance with Goal 8. The Board adopted a package of
destination resort siting ordinances, Ordinance Nos. 92-001 through 92-004, to
implement the Goal 8 program.
Through Ordinance No. 92-002 the County amended the Deschutes County Year 2000
Comprehensive Plan by adopting a map to allow for the siting of destination resorts on
certain land in Deschutes County. The Goal 8 mapping project was completed through
two phases. Initially, the County excluded all areas that are precluded from destination
resort siting pursuant to the Goal 8 regulations, including especially sensitive big game
habitat as mapped by the Oregon Department of Fish and Wildlife ("ODFW").
2J:\DOCUME—I\tracyt\LOCAL&-1\Temp\Sunriver v. 7 - FINDINGS - WILDLIFE TEXT
Therefore, the four areas shown on the ODFW map as areas of especially sensitive big
game habitat, the Tumalo deer winter range, the Metolius deer winter range, and two
areas of antelope winter range, were excluded from consideration. The County also
excluded an antelope range near Horse Ridge and most of the Millican antelope ranges
from mapping consideration even through they were not included in the ODFW map.
The County did not exclude areas within the Bend/La Pine Deer Migration Corridor from
destination resort mapping consideration because it was not recognized as especially
sensitive big game habitat pursuant to Goal 8.
In the second phase, the County mapped forest lands eligible for resort siting, and the
County completed the Goal 8 mapping project in 1993 through Destination Resort
Ordinances 93-029, 93-030 and 93-031. As a result of the phased mapping process, some
Rural Residential 10 ("RR -10") and Forest Use 2 ("F-2") zoned lands within the
boundaries of the Bend/La Pine Deer Migration Corridor were included in the destination
resort overlay map as being eligible for destination resort siting.
8. In 1996, LCDC adopted a set of revised regulations, OAR Chapter 660, Division 23, for
implementation of Statewide Planning Goal 5. The revisions were intended to replace the
regulations at OAR Chapter 660, Division 16 for most resources. The Board processed
the amendments in this case pursuant to the requirements of the revised regulations
because OAR 660-023-0250(2) provides that the requirements of the revised regulations
are applicable to PAPAs initiated on or after September 1, 1996.
The County's consideration of this PAPA is limited to a specific resource site, the
Bend/La Pine Deer Migration Corridor. Therefore, pursuant to OAR 660-023-0250(4),
the Board is not required to revise acknowledged inventories or other implementing
measures, for the resource site or for other Goal 5 sites in the county, that are not affected
by these amendments.
9. The Deschutes County Planning Commission conducted public hearings on March 8,
2001 and two workshops on January 25, 2001 and March 22, 2001, to consider the
proposed amendments to the Resource Management Element of the Deschutes County
Comprehensive Plan and DCC Chapter 18.88. On March 22, 2001, the Planning
Commission recommended approval of the proposed amendments.
10. The Board held a public hearing on April 4, 2001, to consider testimony on the proposed
amendments to the Comprehensive Plan and DCC Chapter 18.88.
Compliance with Goal 5:
11. The Board finds that it is appropriate to address the issue of whether to allow destination
resorts within the Bend/La Pine Deer Migration Corridor through a PAPA in compliance
with Goal 5. During the previous periodic review process, the Board deferred a
determination on this issue until the County completed the Goal 8 mapping process.
Now that the Goal 8 mapping is finished, the Board finds that the Bend/La Pine Deer
Migration Corridor and the conflicting destination resort use are important relative to
3J:\DOCUME-1\tracyt\LOCALS-1\Temp\Sunriver v. 7 - FINDINGS - WILDLIFE TEXT
each other and, based on OAR 660-023-0040(5)(b) and the amended ESEE analysis, the
destination resort use should be allowed in a limited way that protects the Goal 5
resource. Specifically, destination resorts should be limited to areas within the
destination resort overlay that are outside of the Deer Migration Priority Area.
12. Goal 5 is satisfied through the amended ESEE for the Deer Migration Corridor, adopted
through Ordinance No. 01- . Pursuant to the requirements of Goal 5, the amended
ESEE addresses the adequacy of the resource information, identifies potential conflicts
with the resource, analyzes the economic, social, environmental, and energy
consequences of protecting the resource by limiting and prohibiting specific conflicting
uses, decides the level of protection needed for the resource based upon that analysis, and
provides a specific program to achieve that goal. Goal 5 is further met through the
adoption of amendments to the Resource Management Element of the Deschutes County
Year 2000 Comprehensive Plan, Ordinance No. 01- , and amendments to DCC
Chapter 18.88, Ordinance No. 01- , because these amendments accomplish the
specific program for protection of the Bend/La Pine Deer Migration Corridor identified in
the amended ESEE.
13. In compliance with the requirements of Goal 5 and OAR 660-023-0030, the County has
worked with ODFW to obtain the most recent and accurate inventory information on the
Bend/La Pine Deer Migration Corridor. Since these amendments only affect the Bend/La
Pine Deer Migration Corridor, the County has neither collected nor considered
information regarding other resources or resource sites.
The inventory information relied upon by the Board in adopting the amendments includes
the existing ESEE, the ODFW Central Region Reports 86-2 and 92-1, the ODFW
modified South Deschutes County Forest Zone and Deer Migration Habitat Map that
designates the ODFW Deer Migration Priority Area, information from ODFW regarding
1999 tracking studies conducted as part of the South County Regional Problem Solving
program, the South Deschutes County Destination Resort Eligible Properties in Low
Priority Deer Migration Area map, the Wildlife Analysis and Report for Bend/La Pine
Deer Migration Corridor Text Amendment prepared by Lynn Sharp of URS, the March
21, 2001 supplemental letter from Ms. Sharp, and the March 21, 2001 letter from
Deschutes District Wildlife Biologist Steven George. Each of these information sources
is described in the amended ESEE and is incorporated herein by reference. No other
inventory information on the Bend/La Pine Deer Migration Corridor was submitted
during the local process and there was no conflicting evidence relating to the Goal 5
resource.
The Board finds that inventory information on the Bend /La Pine Deer Migration
Corridor is adequate to complete the Goal 5 PAPA.
a. The location of the resource is clearly defined through the previously adopted
Bend/La Pine Deer Migration Corridor. The County added the migration corridor
to the Wildlife Area Combining Zone through Ordinance No. 92-040. The
mapping was based upon ODFW tracking data indicating that mule deer use the
4J:\DOCUME-1\tracyt\LOCALS-1\Temp\Sunriver v. 7 - FINDINGS - WILDLIFE TEXT
identified corridor as a migration route between their summer range in the forest
along the east slope of the Cascades to the North Paulina deer winter range
northeast of the Paulina Mountains and to the Hole -in -the -Ground and Devil's
Winter Garden winter ranges near Fort Rock. The amendments implemented
through this PAPA refine the existing migration corridor by adopting the Deer
Migration Priority Area designated on ODFW's 1999 South Deschutes County
Forest Zone and Deer Migration Habitat Map. The amendments identify land
within the corridor but outside of the Deer Migration Priority Area as appropriate
for destination resort development if those lands meet all requirements of the
County destination resort ordinance, DCC Chapter 18.113. Although the
amendments are narrowly focused on limiting a particular conflicting use within a
small segment of the corridor, the County has considered impacts on the entire
Bend/La Pine Deer Migration Corridor throughout this Goal 5 process.
b. ODFW has recently produced updated inventory information on the quality and
quantity of the Bend/La Pine Deer Migration Corridor. Over twenty years of
ODFW studies and tracking data indicates that the quality of the resource as a
migration route and the quantity of deer using the route vary within the corridor
itself. ODFW conducted deer track counts along a 40 -mile transect from 1978 to
1991 and published the results in ODFW Central Region Administrative Report
Nos. 86-2 and 92-1. Based upon the number of deer tracks counted in each area,
the reports identify areas of high, moderate and low frequency of use within the
corridor. In 1999, based upon the earlier reports and additional unpublished
tracking studies in the area, ODFW produced the 1999 ODFW Wildlife Migration
Priority Area Map for the South County Regional Problem Solving Project.
ODFW further indicated in the March 21, 2001 letter to the County that recent,
unpublished deer track counts indicate that the historical patterns of deer
migration use remain unchanged in the areas already mapped by ODFW in the
earlier studies. Consequently, the Board finds that the quality of the entire
Bend/La Pine Deer Migration Corridor is important to the County's wildlife
priorities. The Board further finds that, based upon historical and recent ODFW
data, the quality of migration areas within the corridor includes both priority areas
and those areas with a low frequency of use.
14. In compliance with the requirements of Goal 5 and OAR 660-023-0040, the Board's
decision to adopt this PAPA is based upon an analysis of the economic, social,
environmental, and energy consequences of protecting the migration corridor by limiting
destination resort use. Through Ordinance No. 01- , the Board has adopted an
amended ESEE. The new ESEE amends the Deer Migration Corridor section of the Fish
and Wildlife Inventories Conflict ESEE Analysis adopted in 1992 as part of the
Deschutes County Year 2000 Plan through Ordinance No. 92-041. This amendment does
not affect any other section of the 1992 ESEE analysis.
The analysis and the findings included in the amended ESEE for the Deer Migration
Corridor are incorporated herein by reference. The Board concludes that the ESEE
demonstrates that both the resource site and the conflicting uses, including destination
5J:\DOCUME-1\tracyt\LOCALS-1\Temp\Sunriver v. 7 - FINDINGS - WILDLIFE TEXT
resorts, are important compared to each other because the benefits to the County resulting
from each use are significant enough to warrant a program that protects each use in a
limited fashion. In addition, the conflicting uses are not so detrimental to the Goal 5
resource that they should be prohibited entirely under OAR 660-023-0040(5)(a).
Therefore, pursuant to OAR 660-023-0040(5)(b), destination resorts should be allowed in
a limited way that protects the resource. (This level of protection for a significant
resource site was previously recognized as a "3C" designation pursuant to the former
regulations.) The Board finds that destination resorts should be allowed as a conditional
use within the boundaries of the Bend/La Pine Deer Migration Corridor, so long as they
are outside of the area mapped by ODFW as the Deer Migration Priority Area. The
Board finds that limiting resort development to parcels within the destination resort
overlay and outside of the Deer Migration Priority Area will direct future resorts to areas
that have proven to be successful for resort development. Resort development in such
areas will enhance the economic and social opportunities associated with resorts while
protecting the high priority segments of the migration corridor. The Board finds that the
amendments, coupled with existing regulations, ensure that any future application for a
destination resort within the wildlife corridor must demonstrate that the subject site is
outside the Deer Migration Priority Area and within the Destination Resort Overlay, and
the resort proposal must comply with all requirements in DCC Chapter 18.113. The
program to achieve Goal 5 is amended as detailed in the ESEE. All elements of the
existing program not specifically amended by Ordinance No. 0l - remain in effect.
Compliance with Other Goals:
15. GOAL 1 - CITIZEN INVOLVEMENT. The Board finds that the County satisfied Goal 1
by providing notice and holding public hearings. As required by state and local law,
written notice of the proposed amendments and hearings were provided to the applicant
and fourteen public agencies. Notice was also posted in public locations and published in
the Bend Bulletin newspaper. A public hearing and two workshops were held before the
Planning Commission and one hearing was held before the Board. Pursuant to the
County's Development Procedures Ordinance, codified at DCC Chapter 22 of the
Deschutes County Code, citizen participation was allowed at all hearings.
16. GOAL 2 - LAND USE PLANNING. The County has satisfied Goal 2 by a)
consideration of adequate and current inventory information; b) a revised conflicts and
ESEE analysis and amendments to the ESEE document; c) the existence of a zoning
ordinance that, as amended, will implement the ESEE decisions through clear and
objective standards; d) the adoption of maps showing the areas eligible for resort
development within the Bend /La Pine Deer Migration Corridor; and e) the extensive
factual record generated by the inventory and ESEE process.
17. GOAL 3 - AGRICULTURAL LANDS. These ordinances do not conflict with Goal 3.
None of the properties affected by the amendments are exclusive farm use zones.
Additionally, any conditional use destination resort applications allowed pursuant to
these amendments must still comply with the provisions of DCC Chapter 18.113,
designed to protect surrounding agricultural uses.
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18. GOAL 4 - FOREST LANDS. These ordinances do not conflict with Goal 4. While there
are some forest lands included in the destination resort overlay zone, the Goal 8 mapping
project addressed conflicts with forest uses and excluded high-value forest lands from
mapping consideration. Furthermore, any conditional use destination resort applications
allowed pursuant to these amendments must still comply with the requirements included
in the DCC Chapter 18.113, designed to protect forest values.
19. GOAL 6 - AIR, LAND, AND WATER RESOURCES. Goal 6 requires the County to
ensure that all waste and process discharges from future development will not violate
applicable state or federal environmental quality standards. The Goal further requires the
County to implement regulations to protect air, water, and land resources from
degradation due to waste and process discharges. Any additional conditional use resort
development within the Bend/La Pine Deer Migration Corridor must still comply with all
of the standards of DCC Chapter 18.113 designed to protect air, land, and water
resources. The standards of DCC Chapter 18.113 will regulate waste and process
discharges from future development consistent with Goal 6.
20. GOAL 7 - AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS. The
amendments to the Comprehensive Plan and DCC Chapter 18.88 do not permit
development in areas subject to natural disasters. Furthermore, these amendments do not
affect the floodplain requirements of Chapter 18.113 that apply to developed portions of a
destination resort within the FP overlay zone.
21. GOAL 8 - RECREATIONAL NEEDS. These amendments satisfy Goal 8 by allowing
destination resort development on lands mapped as eligible for destination resort siting
through the Goal 8 mapping process. Since the Bend/La Pine Deer Migration Corridor is
not identified as "especially sensitive big game habitat," destination resort development is
not excluded from the corridor. The County has chosen to include destination resorts as
an important component of the County's recreational goals because they provide both
internal recreational opportunities and housing for residents and visitors to enjoy the
surrounding recreation. Enjoyment of fish and wildlife is also identified in the
comprehensive plan as an important part of the County's recreational experience.
Consistent with twenty years of ODFW tracking data and analysis and ODFW's 1999
Deer Migration Priority Area Map, the amendments protect wildlife viewing and hunting
opportunities by limiting resort development to the areas outside of the Deer Migration
Priority Area. The destination resort ordinance, DCC Chapter 18.113, further protects
wildlife viewing and hunting by requiring a showing of no net loss of habitat and
mandating the retention of at least 50% open space. In addition, resorts also include golf
courses and cluster housing, which are generally compatible with wildlife habitat, as
evidenced by the current Wildlife Area Combining Zone standards. The County finds
that the amendments will satisfy the recreational needs of the County by protecting
existing recreational opportunities and creating additional opportunities for future
destination resorts, consistent with Goal 8 and the County's destination resort overlay
map.
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22. GOAL 9 - ECONOMY OF THE STATE. Allowing destination resorts as conditional
uses in those portions of the Bend/La Pine Deer Migration Corridor that are outside of the
Deer Migration Priority Area helps achieve the economic goals of the County by
expanding the tourist economy of the state and the region. Destination resorts are vital to
the health, welfare, and prosperity of the County's citizens because they create jobs and
draw visitors to the area. By allowing this type of development within appropriately
mapped areas, the amendments satisfy Goal 9.
23. GOAL 10 - HOUSING. Since the area affected by the amendments is outside of an
Urban Growth Boundary, Goal 10 is not applicable. Pursuant to the goal, housing needs
are to be addressed chiefly by measures taken in urban and urbanizable areas.
24. GOAL 11 - PUBLIC FACILITIES. While the amendments allow destination resorts as
conditional uses within new areas, all applicants for future resorts must address facilities
issues pursuant to DCC Chapter 18.113.
25. GOAL 12 - TRANSPORTATION. The amendments allow destination resorts in already
developed areas, thereby making transportation more efficient. Because destination
resorts provide commercial, retail, residential, and recreational uses within the resort
boundaries, vehicle trips outside of the resort boundaries are generally limited and
transportation impacts are further minimized. Additionally, pursuant to the standards of
DCC Chapter 18.113, all applicants for a destination resort must address transportation
issues prior to approval.
26. GOAL 13 - ENERGY CONSERVATION. Destination resort type development is
inherently energy efficient. Since resorts typically include internal services, the
development can provide them at a lesser cost than traditional development.
Additionally, destination resorts provide commercial, retail, residential, and recreational
uses within the resort boundaries, thereby limiting external vehicle trips. Furthermore,
any destination resort development facilitated by this amendment will be sited near
existing development, resulting in a reduction of vehicle trip generation.
27. GOAL 14 - URBANIZATION. The areas eligible for destination resorts that are affected
by these amendments are neither located within an urban growth boundary, nor in areas
planned for expansion. Goal 14 requires the establishment of urban growth boundaries to
separate urbanizable land from rural land. Urban uses are generally restricted to lands
within an urban growth boundary. However, urban uses within destination resort are
specifically permitted on rural land outside of an urban growth boundary under ORS 215
and the corresponding provisions of the Deschutes County Code. Therefore, the
amendments permitting destination resorts outside of the Deer Migration Corridor Area
pursuant to the existing destination resort provisions of DCC Chapter 18.113 are
consistent with Goal 14.
28. GOAL 15 - WILLAMETTE RIVER GREENWAY. The properties affected by these
amendments are not located within the Willamette River Greenway. Therefore, this goal
is not applicable.
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29. GOAL 16 - ESTUARINE RESOURCES. There are no known estuarine resources or
associated wetlands located on those properties eligible for destination resorts pursuant to
these amendments. Furthermore, the amendments do not alter any of the existing
estuarine protections currently in place. Therefore, this goal is not applicable.
30. GOAL 17 - COASTAL SHORELANDS. The properties affected by these amendments
are not coastal areas. Therefore this goal is not applicable.
31. GOAL 18 - BEACHES AND DUNES. The properties affected by these amendments are
not coastal areas. Therefore, this goal is not applicable.
32. GOAL 19 - OCEAN RESOURCES. These amendments have no affect on coastal
resources, therefore, this goal is not applicable.
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