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HomeMy WebLinkAboutHearing - Draft Comp PlanDeschutes 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 May 11, 2011 Please see directions for completing this document on the next page. DATE: May 2, 2011 FROM: Terri Hansen Payne CDD 541-385-1404 TITLE OF AGENDA ITEM: Continued public hearing and work session on the draft Comprehensive Plan. PUBLIC HEARING ON THIS DATE? Yes, but note that the Board is still reviewing the draft Comprehensive Plan and so a complete list of Board amendments to the draft Plan is not yet available. Therefore, the hearing will be opened and continued to a date certain, likely May 31, 2011 at 6 p.m. BACKGROUND AND POLICY IMPLICATIONS: Public hearings on the draft Plan were held on March 29, March 31 and April 5. The hearing was continued until May 11 at 10 a.m. in Bend. On April 18 and April 27 the Board held work sessions to discuss potential amendments to the draft Plan for Chapters 1, 4 and 5 and part of Chapter 2. The draft of those proposed changes can be found in the attached staff report. The Board work session review of the remainder of Chapter 2 and all of Chapter 3 is scheduled to continue May 4 and May 11 (after the hearing is continued). Proposed amendments will be provided to the public as soon as possible. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Open the public hearing and continue it until May 31, 2011 at 6 p.m. Hold a work session on potential changes to the remainder of the Draft Comprehensive Plan. ATTENDANCE: Nick Lelack, Planning Director DISTRIBUTION OF DOCUMENTS: N/A Community Development Department Planning Division Building Safety Division Environmental Soils Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM TO: Deschutes Board of County Commissioners FROM: Terri Hansen Payne, Senior Planner MEMO DATE: May 2, 2011 MEETING DATE: May 11, 2011 SUBJECT: Hearing and Work Session: Comprehensive Plan Update BACKGROUND Deschutes County is revising its Comprehensive Plan (Plan), the document which guides land use in the unincorporated areas of the County over a 20 -year timeframe. The Planning Commission held four public hearings and voted to recommend that the Board of County Commissioners (Board) adopt the draft Plan. The Board then held three public hearings on March 29, March 31 and April 5, 2011 and continued the hearing until May 11, 2011. SCHEDULED REVIEWS AND HEARINGS The Board initiated review of the Plan, including public comments on the Plan, at two work sessions on April 18 and 27. At the work sessions the Board provided direction on amendments for Chapters 1, 4 and 5 and part of Chapter 2. The changes discussed so far are attached to this memo. Where policies in a section were amended, the track changes version of all the policies for that section has been provided. Where changes were made to the background text the page showing the amendments has been provided. The review will continue at additional work sessions scheduled for May 4 and May 11. Because the Board is still reviewing the draft Plan, the May 11 hearing will be opened and continued to May 31. The intent is to have a complete set of draft revisions available for public to review before the next hearing date. MORE INFORMATION A copy of the draft Plan, as well as the findings, written testimony and other background materials can be found at www.deschutes.orq/cdd under Comprehensive Plan Update. A hard copy can be reviewed at the Community Development Department office and with 24 hours notice, can be purchased for $10. Other formats may be available upon request. Attachments: 1. Draft policy amendments as of April 27 2. Draft text amendments as of April 27 Quality Services Performed with Pride Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan sectio v11.3 La AA lase PLR LA,vavto PoL ci es Goals and Policies (1 13 114 18-1 I) Goal I Maintain an open and public land use process in which decisions are based on the objective evaluation of facts. Policy 1.3.1 Protect the limited amount of privately -owned land in Deschutes County through consideration ofConsidcr private property rights and economic impacts to property owners and the community when creating and revising land use policies and regulations. a. Evaluate tools such as transfer of development rights programs that can be used to protect private property. Policy 1.3.2 Consider sustainability and cumulative impacts when creating and revising land use policies and regulations. Involve the public when amending County Code. Maintain public records which support the Comprehensive Plan and other land use decisions. Policy 1.3.3 Policy 1.3.4 Policy 1.3.5 Policy 1.3.6 Policy 1.3.7 Policy 1.3.8 Policy 1.3.9 Goal 2 issues. Policy 1.3.4 I 0 Policy 1.3.1-01 Review the Comprehensive Plan every five years and update as needed, in order to ensure it responds to current conditions, issues and opportunities, as well as amended State Statute, Oregon Administrative Rules and case law. Maintain and enhance web -based property -specific information. The Deschutes County Comprehensive Plan Map will be retained in official replica form as an electronic map layer within the County Geographic Information System and is adopted as part of this Plan. Implement, as appropriate, recommendations in the Final Report from the Oregon Task Force on Land Use Planning dated January 2009. A list of actions to implement this Comprehensive Plan shall be created, maintained and reviewed yearly by the Community Development Department and the Board of County Commissioners. Promote regional cooperation and partnerships on planning Regularly review intergovernmental and urban management agreements, and update as needed. I Participate in and, where appropriate, coordinate regional planning efforts. a. Provide affected agencies, including Irrigation Districts, an opportunity to comment and coordinate on land use policies or actions that would impact their jurisdictions. Page 1 rev 4-27-1 I Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Policy 1.3.4-I-12 Support implementation of the Deschutes County Greenprint and incorporate, as appropriatc, elements from the Grccnprint into this Plan non-profit or public acquisition of lands determined through an extensive public process to have significant value to the community. Policy 1.3.-1-213 {Support implementation of the Bend 2030 Plan and incorporate, as appropriate, elements from the Bend 2030 Plan into this Plan.} Goal 3 Manage County owned lands efficiently, effectively, flexibly and in a manner that balances the needs of County residents. Policy I.3.4-3--14 Where feasible, maintain and manage County owned properties as follows: a. Manage designated park lands to preserve the values defined in the park designation; b. Permit public access to County owned lands designated as parks unless posted otherwise; c. Encourage properties located along rivers, streams or creeks or containing significant wildlife, scenic or open space values to be designated as park land; Page 2 rev 4-27-1I Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Sect'ov .. 2.2 Ae r%cvLtu.ra L La vols PoLl-cit.; Goals and Policies (1 13 111 27-11) Goal I Policy 2.2.1 Policy 2.2.2 Preserve and maintain agricultural lands and the agricultural industry. Retain agricultural lands through Exclusive Farm Use zoning. Exclusive Farm Use sub -zones shall remain as described in the text of this P1anI992 Farm Study and shown in the table below, unless adequate legal findings for amending the sub -zones are adopted or an individual parcel is rezoned as allowed by Policy 2.2.3. Exclusive Farm Use Subzones Subzone Name Minimum Acres Profile Lower Bridge 130 Irrigated field crops, hay and pasture Sisters/Cloverdale 63 Irrigated alfalfa, hay and pasture, wooded grazing and some field crops Terrebonne 35 Irrigated hay and pasture Tumalo/Redmond/Bend 23 Irrigated pasture and some hay Alfalfa 36 Irrigated hay and pasture La Pine 37 Riparian meadows, grazing and meadow hay Horse Ridge East 320 Rangeland grazing Policy 2.2.3 Policy 2.2.4 Policy 2.2.5 Policy 2.2.36 Policy 2.2.47 Policy 2.2.58 Allow comprehensive plan and zoning map amendments for individual EFU parcels as allowed by State Statute, Oregon Administrative Rules and this Comprehensive Plan. Develop comprehensive policy criteria and code to provide clarity on when and how EFU parcels can be converted to other designations. Uses allowed in Exclusive Farm Use zones shall comply with State Statute and Oregon Administrative Rule. Regularly review farm regulations to ensure compliance with changes to State Statute, Oregon Administrative Rules and case law. Encourage water projects that benefit agriculture. Support a variety of methods to preserve agricultural lands, such as: a. Support the use of grant funds and other resources to assist local farmers; b. Work cooperatively with irrigation districts, public agencies and representatives and land owners; Page 3 rev 4-27- I I Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan c. Encourage conservation easements, or purchase or transfer of development rights programs; d. Control noxious weeds; e. fit -Encourage a food council or 'buy local' program. Goal 2 Promote a diverse, sustainable, revenue -generating agricultural sector. Policy 2.2.6-9 Encourage farming by promoting the raising and selling of crops, livestock and/or poultry. Policy 2.2.7 10 Support stakeholders in studying and promoting economically viable agricultural opportunities and practices. Policy 2.2.8-11 Encourage small farming enterprises, including, but not limited to, niche markets, organic farming, farm stands or value added products. Policy 2.2.912 Review County Code and revise as needed to permit alternative and supplemental farm activities that are compatible with farming, such as agri-tourism or commercial renewable energy projects. When a preferred alternative or supplemental use identified through a public process is not permitted by State regulations, work with the State to review and revise their regulations. Goal 3 Ensure Exclusive Farm Use policies, classifications and codes are consistent with local and emerging agricultural conditions and markets. Policy 2.2.1-013ldentify and retain accurately designated agricultural lands. Policy 2.2.1-1-14 Explore new methods of identifying and classifying agricultural lands. a. Apply for grants to review and, if needed, update farmland designations. b. Study County agricultural designations considering elements such as water availability, farm viability and economics, climatic conditions, land use patterns, accepted farm practices, and impacts on public services. c. Lobby for changes to State Statute regarding agricultural definitions specific to Deschutes County that would allow some reclassification of agricultural lands. Policy 2.2.1-215Address land use challenges in the Horse Ridge subzone, specifically: a. The large number of platted lots not meeting the minimum acreage; b. The need for non-farm dwellings and location requirements for farm dwellings; c. Concerns over the impact on private property from off-road vehicles, facilities, and trails located on adjacent public lands. Policy 2.2.1-316 Review County Code and revise as needed to permit farm wer-ker-11-ausinWork with the State to review and revise accessory farm dwelling requirements to address the needs of local farmers. Page 4 rev 4-27-11 Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Policy 2.2.4417 Encourage coordination between fish/wildlife management organizations and agricultural interests. Page 5 rev 4-27-1 1 Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Sect%ovt 2.3 Forest La vOs PoLLcies Goals and Policies (9-30404 27-1 1) Goal I Protect and maintain forest lands for multiple uses, including forest products, watershed protection, conservation, recreation and wildlife habitat protection. Policy 2.3.1 Retain forest lands through Forest 1 and Forest 2 zoning. Policy 2.3.2 To conserve and maintain unimpacted forest lands, retain Forest 1 zoning for those lands with the following characteristics: a. Consist predominantly of ownerships not developed by residences or non -forest uses; b. Consist predominantly of contiguous ownerships of 160 acres or larger; c. Consist predominantly of ownerships contiguous to other lands utilized for commercial forest or commercial farm uses; d. Are accessed by roads intended primarily for forest management; and e. Are primarily under forest management. Policy 2.3.3 To conserve and maintain impacted forest lands, retain Forest 2 zoning for those lands with the following characteristics: a. Consist predominantly of ownerships developed for residential or non -forest uses; b. Consist predominantly of ownerships less than 160 acres; c. Consist of ownerships generally contiguous to tracts containing Tess than 160 acres and residences, or adjacent to acknowledged exception areas; and d. Provide a level of public facilities and services, including roads, intended primarily for direct services to rural residences. Policy 2.3.4 Notwithstanding any other quasi-judicial plan or zone change criteria, lands designated as Forest under this Plan and zoned Forest 2 may upon application be redesignated and rezoned from Forest 2 to Exclusive Farm Use if such lands: a. Do not qualify under State Statute for forestland tax deferral, b. Are not necessary to permit forest operations or practices on adjoining lands and do not constitute forested lands that maintain soil, air, water and fish and wildlife resources, c. Have soils on the property that fall within the definition of agricultural lands as set forth in Goal 3, d. Are a tract of land 40 acres or less in size, e. Do not qualify under State Statute and the terms of the Forest 2 zone for a dwelling, and; Page 6 rev 4-27- I I Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Policy 2.3.5 Policy 2.3.46 Policy 2.3.7 Policy 2.3.58 Policy 2.3.69 Policy 2.3.710 Policy 2.3.811 Policy 2.3.912 f. Were purchased by the property owner after January I, 1985 but before November 4, 1993. Such changes may be made regardless of the size of the resulting EFU zoning district. Such changes shall be processed in the same manner as other quasi-judicial plan or zoning map changes." Uses allowed in Forest zones shall comply with State Statute and Oregon Administrative Rule. Coordinate and cooperate with the U.S. Forest Service, the Bureau of Land Management and other public agencies to promote sustainable forest uses, including recreation, on public forest land, including: a. Using the Deschutes National Forest Land and Resource Management Plan, or its successor, as the basis for mutual coordination and cooperation with the U.S. Forest Service; b. Using the Prineville Bureau of Land Management Upper Deschutes Resource Management Plan, or its successor, as the basis for mutual coordination and cooperation with the Bureau of Land Management. Notify affected agencies when approving development that could impact Federal or State forest lands. Support the maintenance of the Skyline Forest through theas a Community Forest Authority. Support economic development opportunities that promote forest health. Provide input on public forest plans that impact Deschutes County. Apply for grants to review forest lands based on ORS 215.788-215.794 (2009 HB 2229). Coordinate with stakeholders to support forest management projects that: a. Contribute to public safety; b. Retain fish and wildlife habitat. Goal 2 Adequately address impacts to public safety and wildlife when allowing development on forest lands. 3 Review County Code and revise as needed to ensure development in forest zones mitigates impacts, particularly impacts on fish and wildlife habitat and public fire safety. Policy 2.3.E I Page 7 rev 4-27-1I Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Secti-ovt 2.4 4oar, 5 ove'v(1ew PD%'GL.e. Goals and Policies (9 30 101 27-11) Goal I Policy 2.4.I Policy 2.2.2 Policy 2.4.2-3 Policy 2.4.4 Policy 2.4.35 Protect Goal 5 resources. Initiate a review of all Goal 5 inventories and protection programs. Until the County initiates amendments to the Goal 5 inventories and programs, all existing Goal 5 inventories, ESEEs and programs are retained and not repealed, except as noted in the findings for Ordinance 201 I -003. Review Goal 5 resources when a new Goal 5 resource is verified, but at least every 10 years. Incorporate new information into the Goal 5 inventory as requested by an applicant or as County staff resources allow. As federal lands are sold to private owners, review the impacts to Goal 5 resources. Page 8 rev 4-27- I 1 Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan ,sectiovu 4.2 tArba o,izatiovi, Policies Goals and Policies (9 30 101 18-1 1) Goal I Coordinate with cities, special districts and stakeholders to support urban growth boundaries and urban reserve areas that provide an orderly and efficient transition between urban and rural lands. Policy 4.2.1 Policy 4.2.2 Policy 4.2.3 Participate in the processes initiated by cities in Deschutes County to create and/or amend their urban growth boundaries. Promote and coordinate the use of urban reserve areas. Review the idea of using rural reserves. Goal 2 Coordinate with cities, special districts and stakeholders on urban growth area zoning for lands inside urban growth boundaries but outside city boundaries. Use urban growth area zoning to coordinate land use decisions inside urban growth boundaries but outside the incorporated cities. Negotiate intergovernmental agreements to coordinate with cities on land use inside urban growth boundaries and outside the incorporated cities. Policy 4.2.4 Policy 4.2.5 Policy 4.2.6 Policy 4.2.7 Goal 3 Policy 4.2.8 Develop urban growth area zoning with consideration of the type, timing and location of public facilities and services provision consistent with city plans. Adopt by reference the comprehensive plans of Bend, La Pine, Redmond and Sisters, as the policy basis for implementing land use plans and ordinances in each city's urban growth boundary. Coordinate with cities, special districts and stakeholders on policies and zoning for lands outside urban growth boundaries but inside urban reserve areas. Designate the Redmond Urban Reserve Area on the County Comprehensive Plan Map and regulate it through a Redmond Urban Reserve Area (RURA) Combining Zone in Deschutes County Code, Title 18. Policy 4.2.9 In cooperation with the City of Redmond adopt a RURA Agreement consistent with their respective comprehensive plans and the requirements of Oregon Administrative Rule 660-021-0050 or its successor. Page 9 rev 4-27- I I Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Policy 4.2.10 The following land use policies guide zoning in the RURA. a. Plan and zone RURA lands for rural uses, in a manner that ensures the orderly, economic and efficient provision of urban services as these lands are brought into the urban growth boundary. b. New parcels shall be a minimum of ten acres. c. Until lands in the RURA are brought into the urban growth boundary, zone changes or plan amendments shall not allow more intensive uses or uses that generate more traffic, than were allowed prior to the establishment of the RU RA. d. For Exclusive Farm Use zones, partitions shall be allowed based on state law and the County Zoning Ordinance. e. New arterial and collector rights-of-way in the RURA shall meet the right-of-way standards of Deschutes County or the City of Redmond, whichever is greater, but be physically constructed to Deschutes County standards. f. Protect from development existing and future arterial and collector rights-of-way, as designated on the County's Transportation System Plan. g. A single family dwelling on a legal parcel is permitted if that use was permitted before the RURA designation. Policy 4.2.1 1 Collaborate with the City of Redmond to assure that the County -owned 1,800 acres in the RURA is master planned before it is incorporated into Redmond's urban growth boundary. Page 10 rev 4-27- I 1 Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan 5ect%o1A, 4.7 R.esort Covu.vu.1%.0.1,tPol,%c%es Goals and Policies (940-1--04 18- 11) No goals have been defined for Black Butte Ranch or Inn of 7th Mountain / Widgi Creek Resort Communities General Resort Community Policies Policy 4.7.1 Policy 4.7.2 Policy 4.7.3 Policy 4.7.4 Policy 4.7.5 Land use regulations shall conform to the requirements of OAR 660 Division 22 or any successor. Designated open space and common area, unless otherwise zoned for development, shall remain undeveloped except for community rccr ation uscsamenities such as bike and pedestrian paths, park and picnic areas. Areas developed as golf courses shall remain available for that purpose or for open space/recreation uses. The provisions of the Landscape Management Overlay Zone shall apply in Resort Communities where the zone exists along Century Drive, Highway 26 and the Deschutes River. Residential minimum lot sizes and densities shall be determined by the capacity of the water and sewer facilities to accommodate existing and future development and growth. The resort facility and resort recreation uses permitted in the zoning for Black Butte Ranch and the Inn of the Seventh Mountain/Widgi Creek shall serve the resort community. Black Butte Ranch General Policies Policy 4.7.6 Policy 4.7.7 Policy 4.7.8 Policy 4.7.9 County comprehensive plan policies and land use regulations shall ensure that new uses authorized within the Black Butte Ranch Resort Community do not adversely affect forest uses in the surrounding Forest Use Zones. The County supports the design review standards administered by the Architectural Review Committee. Residential, resort and utility uses shall continue to be developed in accordance with the Master Design for Black Butte Ranch and the respective Section Declarations. Industrial activities, including surface mining, shall only occur in the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) located in the northwest corner of Black Butte Ranch. Page 1 1 rev 4-27- I I Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Policy 4.7.10 Employee housing shall be located in the area zoned Black Butte Ranch- Utility/Limited Use Combining District (Black Butte Ranch-U/LU). Policy 4.7.1 1 Any amendment to the allowable use(s) in either the Resort Community District or the Limited Use Combining District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04- 018/022 and DCC 18.112 or any successor. Policy 4.7.12 The westerly 38 -acres zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU) shall be used for the mining and storage of aggregate resources. Uses that do not prevent the future mining of these resources, such as disposal of reclaimed effluent and woody debris disposal from thinning and other forest practices may be allowed concurrently. Other resort maintenance, operational and utility uses, such as a solid waste transfer station, maintenance facility or equipment storage may be allowed only after mining and reclamation have occurred. Policy 4.7.13 The 18.5 acres zoned Black Butte Ranch-Utility/Limited Use Combining District (Black Butte Ranch-U/LU) may be used for the disposal of reclaimed sludge. Policy 4.7.14 The area west of McCallister Road and east of the area zoned Black Butte Ranch may be used for large equipment storage, general storage, maintenance uses, RV storage, telephone communications, administration offices, housekeeping facilities and employee housing. Policy 4.7.15 Employee housing shall be set back at least 250 feet from the eastern boundary of the area zoned Black Butte Ranch Surface Mining, Limited Use Combining District (Black Butte Ranch SM/LU). Policy 4.7.16 Surface mining within the Black Butte Ranch community boundary shall adhere to the following Goal 5 ESEE "Program to Meet Goal" requirements: a. Only the western most 38 acres of the site shall continue to be mined. b. Setbacks shall be required for potential conflicting residential and other development. A minimum 50 -foot setback shall be maintained from the perimeter of tax lot 202 for all surface mining activity. c. Noise impact shall be mitigated by buffering and screening. d. Hours of operation shall be limited to between 7:00 a.m. and 6:00 p.m. weekdays. No operations shall be allowed on weekends and holidays. e. Processing shall be limited to 45 days in any one year, to be negotiated with Deschutes County in the site plan process in consultation with the Oregon Department of Fish and Wildlife (ODFW). f. The conditions set forth in the August 10, 1989, letter of ODFW shall be adhered to. Extraction at the site shall be limited to five acres at a time with on- going incremental reclamation (subject to DOGAMI review and approval). g. Page 12 rev 4-27- I I Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan h. Mining operations, siting of equipment, and trucking of product shall be conducted in such a manner that applicable DEQ standards are met and minimizes noise and dust. i. DOGAMI requirements for a permit once mining affects more than five acres outside the 8.6 -acre exemption area shall be met. j. A conditional use permit shall be obtained from Deschutes County, under the provisions of section 18.128.280. Surface mining of resources exclusively for on-site personal, farm or forest use or maintenance of irrigation canals, before mining activity affects more than five acres outside the 8.6 -acre exempt area. Black Butte Ranch Public Facility Policies Policy 4.7.17 Policy 4.7.18 Policy 4.7.19 Policy 4.7.20 Policy 4.7.21 Policy 4.7.22 Police protection services shall be provided by the Black Butte Ranch Police Services District. The Black Butte Ranch Water Distribution Company and the Black Butte Ranch Corporation shall confirm the water and sewer service, respectively, can be provided for new uses or expansion of existing uses that require land use approval. The Black Butte Ranch Water Distribution Company shall provide water service for the Black Butte Ranch Resort Community. The Black Butte Ranch Corporation shall provide sewer service for Black Butte Ranch. The Black Butte Ranch Fire Protection District shall provide fire protection services for Black Butte Ranch. The roads and the bicycle/pedestrian path system within the Black Butte Ranch Resort Community boundary shall be maintained by the Black Butte Ranch Owners Association. Inn of the 7th Mountain Widgi Creek General Policies Policy 4.7.23 Any amendment to the allowable uses(s) in either the Resort Community District or the Widgi Creek Residential District shall require an exception in accordance with applicable statewide planning goal(s), OAR 660-04-018/022 or any successor, and DCC 18.112 or any successor The County shall encourage and support land exchanges efforts by and between private property owners, public agencies and public trusts for the purpose of fostering public access to and protection of natural resources, such as rivers, streams, caves, areas/features of historical importance and other natural features. Mountain/Widgi Creek Public Facility Policies Police protection services shall be provided under contract with the Deschutes County Sheriff. Water service shall be supplied by on-site wells for the Inn/Widgi Resort Community. Policy 4.7.24 Inn of the 7`h Policy 4.7.25/ Policy 4.7.26 Page 13 rev 4-27-11 Draft Policy Amendments to the Draft Deschutes County Comprehensive Plan Policy 4.7.27 Policy 4.7.28 Policy 4.7.29 Policy 4.7.30 Policy 4.7.31 New uses or expansion of existing uses that require land use approval shall be approved only upon confirmation from the City of Bend that sewer service can be provided. Fire protection services for the Inn/Widgi shall be provided through a contract with the City of Bend until such time as Inn/Widgi develops another plan to provide adequate fire protection. The Resort Community, not Deschutes County, shall maintain roads in the community. The bicycle/pedestrian path system shall be maintained by the Inn/Widgi Owners Association. Emergency access between Widgi Creek and the Inn of the Seventh Mountain shall be provided in accordance with the approved development plan for the Elkai Woods town homes. The respective resort property owners shall maintain emergency access between the Inn and Widgi Creek. Page 14 rev 4 -27 -II Attachment 2 Draft Text Amendments Chapters 1 and 5 Chapter 2, Sections 2.2, 2.3, 2.4 Steering Committee Appointed The Board of County Commissioners designated the seven -member Planning Commission as the Steering Committee for the Comprehensive Plan. The Steering Committee hosted 12 informal public meetings to review and discuss chapters from Plan 2000. At each meeting the discussion focused on a current Comprehensive Plan chapter, the state requirements and current conditions. Some of these meetings included panel discussions with stakeholders and experts. Community Awareness A flyer was sent to 42,500 households in the unincorporated areas of the County with their annual 2008 tax bills announcing upcoming Steering Committee meetings. This flyer was also handed out at public meetings and events. Additionally, a website was launched and continually updated to reflect each community conversation and steering committee meeting. Other media outreach with radio, television, and the local newspaper, the Bulletin, maximized awareness of the Plan update. Stakeholder Outreach What do you value about Deschutes County! Deam..w Canny We^Y m awn Letters were sent to more than 150 governmental/quasi-governmental agencies and local organizations offering to meet with the agencies and organizations and/or conduct a presentation for their members. The goal was to inform stakeholders about the Plan update and discuss to any issues they would like the Plan update to address. Community Outreach Informal meetings were scheduled around the County to hear from the community. Staff organized the County into seven management areas and held community listening sessions in five areas with rural populations (two areas were unpopulated Federal lands). Additional meetings were held in Terrebonne, Tumalo and Deschutes Junction. Planners staffed a booth at the spring and fall 2009 Home and Garden Shows, to get input from members of the community who traditionally do not attend land use meetings. Draft Comprehensive Plan On September 30, 2009 an updated draft Comprehensive Plan was released to the public. Ten additional Steering Committee meetings and six open houses were scheduled in locations around the County to gather public input on the draft Plan. The Planning Commission spent the next twelve months reviewing and revising the draft goals and policies in depth. A revised draft was completed in fall of 2010 and notice of the first evidentiary hearing was sent to the Department of Land Conservation and Development on September 30, 2010. The draft Plan was adopted by the Board of County Commissioners on x x xx. Hearings and Adoption The Planning Commission held public hearings on November 18 December 2 and December 9, 2010 and continued the hearings to December 16, 2010. Deliberations took place starting on December 16 and continued to January 6 and January 13, 2011, when they voted to forward to 6 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV 1 134 11 CHAPTER I COMPREHENSIVE PLANNING SECTION I.I INTRODUCTION the Board of County Commissioners a recommendation to adopt the draft Comprehensive Plan as modified. The Board of County Commissioners held public hearings on the Planning Commission recommended Plan on March 29, March 31 and April 5, 2011 and continued the hearing until May 11, 2011. (To be continued) Data Collection Creating a comprehensive plan also requires an understanding of current conditions and anticipated trends. County staff worked with various state and federal agencies to identify updated information and policies. For many topics, detailed studies already existed. In other areas, staff identified further research to be completed when resources become available. Additionally, staff assembled reports relevant to the update. The primary documents and websites used in gathering information for the updated Plan are referenced at the end of each chapter. As noted earlier, the Resource Element was adopted in 1979 to provide background information on County lands and demographics. The Resource Element has been amended over time, adding such studies as the Geothermal Element (January 1985) or the Deschutes County/City of Bend River Study (April 1986). Plan Organization Deschutes County Comprehensive Plan 2030 is organized into five chapters: Chapter I Comprehensive Planning Chapter 2 Resource Management Chapter 3 Rural Growth Management Chapter 4 Urban Growth Management Chapter 5 Supplemental Sections Chapters 1-4 contain the following: Background: Information providing context for the reason and process for including the goals and policies. Goals: A general description of what Deschutes County wants to achieve. The County will direct resources and/or support partner agencies and organizations, to implement the goals over the 20 -year Plan timeframe. Policies: Statements of principles and guidelines to aid decision making by clarifying and providing direction on meeting the Goals. References: A list of resources used in the preparation of each chapter is included at the end of each chapter. Additionally, an action plan will be created to implement the Plan Goals and Policies and will be adopted separately. The land use Goals and Policies in this Plan are anticipated to be completed over the next 20 years. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV 1 134-1 I CHAPTER I COMPREHENSIVE PLANNING SECTION 1.1 INTRODUCTION 7 SectLov►,1.3 Lav of L se PLa14,4vt,g Background This section establishes the overall framework for the development and implementation of plans and policies for land use within the County. Statewide planning guidelines require each county to establish a land use planning process that is based on current issues and factual information. The policies in this section assure that the County's land use policies are current, fact -based, and responsive to change. The policies recognize the need for coordination between the cities and the County and provide full public access to Plan documents and the information upon which land use decisions are based. As noted throughout this Plan, there are two important things to remember. First, the Oregon land use system draws a bright line between rural and urban lands and promotes new growth and infrastructure in urban areas. Growth on rural lands is limited in order to protect farms, forests, open spaces and natural resources. Deschutes County is required to plan in compliance with the State planning system in order to promote orderly and efficient growth and protect the resources important to Oregonians. Second, land use is often controversial because ultimately it reflects community values and impacts private property rights. A property owner may choose to keep pigs, or start a day care center or build a windmill. For each of those uses there may be impacts on the neighbors in the form of odors, traffic or blocked views. Land use regulations attempt to achieve a balance between giving property owners the freedom to use their property however they choose while protecting livability for the neighborhood and wider community. This Plan recognizes the tensions involved in creating land use policies. Land Use Statewide Planning Goal 2 Land Use Planning, requires a fact -based land use planning process and policy framework to guide land use decisions. It requires comprehensive planning that identifies issues and complies with Statewide Planning Goals. Goal 2 also addresses the process to allow exceptions to Statewide Goals (see also Section 5.10). In 1979 the County complied with the Statewide planning system by writing a Comprehensive Plan. From 1988-2003 the County underwent State mandated Periodic Review to ensure the Plan was still in compliance with changing State regulations. The 2008-2011 update was done outside of Periodic Review, which is no longer required for Oregon counties. Instead, the County recognized that to remain valid the Comprehensive Plan needed to be completely rewritten and updated. For historic reference a copy of the Comprehensive Plan replaced by this Plan will remain available on the County website. This Plan is a policy document based on existing facts and community values. No specific land use designation changes are included in the 2008-201 I Plan update. Instead, this Plan revisits each Statewide Goal, existing Goals and Policies, community values and new issues requiring policy direction. It lays out a blueprint for the future and defines what matters to County residents and businesses through updated Goals and Policies. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV 1 13 1 14_1 II CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE 13 Note that the Comprehensive Plan is implemented primarily through zoning and the zoning code must be regularly reviewed for compliance with the Plan. However, there are other tools for implementation, such as capital improvement plans, partnerships or incentive programs. To assure this Plan remains useful, an action plan identifying various ideas for implementing Comprehensive Plan policies will be created. The action plan will be annually updated and reviewed to identify and prioritize work plans for the coming year. Land Ownership and Jurisdiction When considering land use in Deschutes County two important factors are the amount of public ownership and which lands are under County jurisdiction. Table 1.3.1 shows nearly 80% of land in the County is publically owned. The implications of the large tracts of public land range from the loss of tax revenue to having vast open lands available for recreation for both tourists and residents. Table 1.3.1 — Public Land in Deschutes County 2010 Ownership Acres* Percent Total County Acres 1,913,482 100% Federal Government 1,466,067 76.6% State Government 53,051 2.8% County Government 10,434 0.6% Total Public Lands 1,529,552 79.9% * Acres of parcels — does not include roads. richt-of-ways. lakes. rivers or other publicly -owned parcels such as cities or park districts Source: County Geographical Information System Table 1.3.2 shows jurisdictional responsibilities. Note that the Federal Government, primarily through the Bureau of Land Management and the U.S. Forest Service, owns over 76% of the land in the County. Federal lands are not required to conform to local regulations, such as zoning. They rely on their own resource plans. This means a majority of lands in the County are not under County jurisdiction. However, they remain in this Plan to encourage intergovernmental policy coordination. Table 1.3.2 — 2010 Land Jurisdiction in Deschutes County 2010 Jurisdiction Acres* Percent Total County Acres 1,913,482 100% Federal Government 1,466,067 76.6% Bend Urban Growth Boundary 17,534 0.9% La Pine Urban Growth Boundary 4,008 0.2% Redmond Urban Growth Boundary 10,733 0.6% Sisters Urban Growth Boundary 1,023 0.1% Total Cities 33,298 1.7% Total Other Jurisdiction 1,499,365 78.4% * Acres of parcels — does not includes roads, right-of-ways, lakes and rivers Source: County Geographical Information System In addition to Federal lands, four cities have primary jurisdiction over less than 2% of lands in the County. This includes lands outside the incorporated city boundaries, but inside urban growth boundaries. The urban growth boundaries define a municipalities 20 -year land supply to accommodate future growth. These lands are managed by the cities through intergovernmental 14 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN — 2010 PC REV 1 13 114 11 CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE agreements between the cities and the County. The bottom line is that the County has land use jurisdiction over approximately 22% of the and base. Comprehensive Plan Map Designations The Comprehensive Plan Map (Map) illustrates the County's goals and policies. The Map describes land use categories that provide for various types of development and conservation for the rural area during the 20 -year planning period. Each Comprehensive Plan map designation provides the land use framework for establishing zoning districts. Zoning defines in detail what uses are allowed for each area. The Deschutes County Comprehensive Plan and Zoning Maps exist in official replica form as an electronic map layer within the County Geographic Information System. Other maps illustrating various Comprehensive Plan areas such as rural commercial properties, are available to the public for informational purposes. The Comprehensive Plan map designations are defined below. Agriculture (AG): To preserve and maintain agricultural lands for farm use. Airport Development (AD): To allow development compatible with airport use while mitigating impacts on surrounding lands. Destination Resort Combining Zone (DR): To show lands eligible for siting a destination resort. Forest (F): To conserve forest lands for multiple forest uses. Open Space and Conservation (OS&C): To protect natural and scenic open spaces, including areas with fragile, unusual or unique qualities. Rural Residential Exception Areas (RREA): To provide opportunities for rural residential living outside urban growth boundaries and unincorporated communities, consistent with efficient planning of public services. Surface Mining (SM): To protect surface mining resources from development impacts while protecting development from mining impacts. Resort Community (ReC): To define rural areas with existing resort development that are not classified as a destination resort, based on Oregon Administrative Rule 660-22 or its successor. Rural Community (RuC): To define rural areas with limited existing urban -style development, based on Oregon Administrative Rule 660-22 or its successor. Rural Service Center (RSC): To define rural areas with minimal commercial development as well as some residential uses, based on Oregon Administrative Rule 660-22 or its successor. Urban Unincorporated Community (UUC): To define rural areas with existing urban development, based on Oregon Administrative Rule 660-22 or its successor. Rural Commercial (RC): To define existing areas of isolated rural commercial development that do not fit under Oregon Administrative Rule 660-22. Rural Industrial (RQ: To define existing areas of isolated rural industrial development that do not fit under Oregon Administrative Rule 660-22. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN -2010 PC REV I 13 114-I I CHAPTER I COMPREHENSIVE PLANNING SECTION 1.3 LAND USE I5 • Establishing Urban Reserve Areas The County recognizes the importance of working closely and cooperatively with the cities of Bend, La Pine, Redmond and Sisters, as well as special districts and state and federal agencies, to ensure a coordinated approach to future growth and conservation. Cooperative Agreements Cities are required to enter into a cooperative agreement with each special district that provides an urban service within a UGB. The appropriate city may also enter into a cooperative agreement with any other special district operating within a UGB. Urban Service Agreements Deschutes County has the responsibility for negotiating urban service agreements with representatives of all cities and special districts that provide, or declare an interest in providing, urban services inside an Urban Growth Boundary. Urban service means: • Sanitary sewers; • Water; • Fire protection; • Parks; • Open space; • Recreation; and • Streets, roads and mass transit. • Special Districts Special Districts Special districts are defined in ORS 198.010 and are recognized as government bodies. Special districts include the following. Table 1.3.4 - Special Districts Utility district Rural fire protection district Water supply district Irrigation district Cemetery maintenance district Drainage district Park and recreation district organized Water improvement district Mass transit district Water control district Metropolitan service district organized Vector control district Special road district 9-1-1 communications district Road assessment district Geothermal heating district Highway lighting district Transportation district Health district Library district Sanitary district Soil & water conservation district Sanitary authority, water authority or joint water and sanitary authority Other Coordination Besides intergovernmental coordination, Deschutes County generally supports coordination and partnerships with non -profits and other organizations that are working with residents to improve the quality of life in the County. There are groups working to address issues from DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV 1 13 1 I'I-I I CHAPTER 1 COMPREHENSIVE PLANNING SECTION 1.3 LAND USE 17 affordable housing to clean rivers, from economic development to fire -free neighborhoods. Two examples of community projects that were completed from 2006-2010 are the Bend 2030 Plan and the Deschutes County Greenprint, both created after extensive public outreach. Note that the nature and extent of the County's role will vary based on County priorities at any given time and that coordination on a project does not ensure County support of every action undertaken on that project. Still, partnering is an efficient and effective method of addressing important issues. County -Owned property When considering land use it is important to consider County -owned lands, which are managed through Deschutes County Code Title 11. As of 2009 there were nearly 700 individual parcels owned by the County, totaling almost 8,000 acres. Management of these properties consists of defining appropriate uses for different parcels, cleaning up illegal dumpsites, fire hazard reduction and public auction. Many of these properties were acquired through foreclosure for non-payment of property taxes. It is anticipated that the County will continue to acquire lands through foreclosure. Starting in 1994 the County began to designate certain sensitive properties along rivers, creeks or streams or with wildlife, wetlands or other values, as park lands. The intent was not to develop these lands for park use but rather to preserve lands with valuable resources for eventual turn over to a park district. The park designation means that the lands would be retained in public ownership unless there was a public hearing and the Board of County Commissioners determined that selling was in the best interest of the public. ORS 275.330 governs the disposal of these lands, stating that if they are sold the proceeds must be dedicated to park or recreation purposes. As of 2009, there were approximately 70 properties designated as park lands under the following Orders. Order # 94-138 96-071 97-147 97-151 98-127 2004-001 2004-037 18 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV 1 13 114 11 CHAPTER I COMPREHENSIVE PLANNING SECTION 1.3 LAND USE Chapter 1 Pr%wt.arj Re ferewces References' 1. Oregon Department of Land Conservation and Development. Goal 1: Citizen Involvement. Oregon's Statewide Planning Goals and Guidelines. 2. Putting the People in Planning: A Primer on Public Participation in Planning, produced by Oregon's Citizen Involvement Advisory Committee — Third Edition — May 2008 3. Oregon. Department of Land Conservation and Development. Goal 2: Land Use Planning. Oregon's Statewide Planning Goals and Guidelines. 4. Oregon Task Force on Land Use Planning, Final Report to the 2009 Oregon Legislature, January 2009 5. Oregon Revised Statute 197, particularly: a. 197.173-197.200 Comprehensive Planning Responsibilities b. 197.201-197.283 Goals Compliance c. 197.610-197-651 Post -Acknowledgement Procedures 6. Oregon Administrative Rules Chapter 660, particularly: a. 660-003 Acknowledgement of Compliance b. 660-004 Goal 2 Exceptions Process c. 660-015 Statewide Planning Goals and Guidelines d. 660-018 Post -Acknowledgement Amendments 7. Bend 2030 at http://bend2030.org 8. Oregon's Playground Prepares for the Future: A Greenprint for Deschutes County. The Trust for Public Land. 2010 The references listed are provided for the convenience of the public and are not legally adosted into this Plan. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN -2010 PC REV 1 13 114-1 I CHAPTER I COMPREHENSIVE PLANNING SECTION 1.3 LAND USE 21 separate agricultural areas were identified, each with minimum lot sizes. In general, non -urban, non -forest, undeveloped and uncommitted lands were determined to be farm lands. Despite designating many agricultural areas by default, the 1979 Resource Element noted that based on agricultural determinants of soils, water, climate and economics, profitable farming in the County remained difficult. The findings for protecting non-profitable agricultural land noted the aesthetic value of farm land, the costs and hazards of allowing local development and the economic importance of local natural beauty. In 1992 a commercial farm study was completed as part of the State required periodic review process. The study concluded that irrigation is the controlling variable for defining farm lands in Deschutes County. Soil classifications improve when water is available. Seven new agricultural subzones were identified based on the factual data provided in the 1992 study and minimum acreages were defined based on the typical number of irrigated acres used by commercial farms in that particular subzone (with the exception of the Horse Ridge subzone). Like the 1979 Resource Element, the 1992 farm study noted the challenges of local commercial farming. The high elevation (2700-3500 feet), short growing season (88-100 days), low rainfall and distance to major markets hamper profitability. The 1992 study resulted in minimum lot sizes that are smaller than the State requirement of 80 acres for farm land and 160 acres for range land. These minimum lot sizes are unique in Oregon and were acknowledged as in compliance with Goal 3 by the Oregon Land Conservation and Development Commission. In general, County farm designations are effectively protecting farm lands while allowing limited land divisions. Deschutes County Agricultural Sub -Zones As noted above, the County maintains a unique set of farm sub -zones based on the average number of irrigated acres for each type of farm land as determined in the 1992 farm study. Irrigated land divisions in each sub -zone must result in parcels that retain the acreages shown in Table 2.2.1. Table 2.2.1 - Exclusive Farm Use Subzones Subzone Name Minimum Acres Profile Lower Bridge 130 Irrigated field crops, hay and pasture Sisters/Cloverdale 63 Irrigated alfalfa, hay and pasture, wooded grazing and some field crops Terrebonne 35 Irrigated hay and pasture Tumalo/Redmond/Bend 23 Irrigated pasture and some hay Alfalfa 36 Irrigated hay and pasture La Pine 37 Riparian meadows, grazing and meadow hay Horse Ridge East 320 Rangeland grazing ource: Deschutes County IYYL harm Study Irrigation Districts As shown in the 1992 farm study, irrigation and irrigation districts are instrumental factors for Deschutes County agriculture. Irrigation districts in Oregon are organized as Special Districts under ORS Chapter 545. The districts are created for the purpose of delivering water to their patrons. As such they are effectively non-profit water user associations. In addition to DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN — 2010 PC REV 4-144 1 1 5 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS irrigation, these districts also supply a number of other uses, including municipal, industrial, and pond maintenance. However, by and large the districts exist for the purposes of delivering irrigation. Seven districts, which withdraw their water supply from the Deschutes River Basin, have formed an intergovernmental unit called a "board of control" under ORS 190.125. This organizational structure allows the districts to work together as a unit in implementing water conservation projects, providing educational resources, utilizing equipment and for other joint purposes. A key goal for the Deschutes Basin Board of Control is to preserve agricultural uses in those areas where irrigation improves soils to class VI or better. The five six irrigation districts listed below, that serve Deschutes County residents or have facilities within Deschutes County; are members of the Deschutes Basin Board of Control. Arnold Irrigation District The present Arnold Irrigation District was first organized as the Arnold Irrigation Company on December 27, 1904 and became official on January 9, 1905. As of 2010 the district manages approximately 65 miles of canals, ditches and pipes in an area of approximately 18,560 acres. Central Oregon Irrigation District The Central Oregon Irrigation District ("COID") was established in 1918. The District provides water for approximately 45,000 acres within an 180,000 acre area in Central Oregon. More than 700 miles of canals provide agricultural and industrial water to irrigated Terrebonne, Redmond, Bend, Alfalfa and Powell Butte areas. In addition, COID provides water to the City of Redmond and numerous subdivisions. In Bend, many parks and schools receive water through the COID system. COID is also the managing partner in the operation of the 55,000 acre foot Crane Prairie Reservoir, located on the east side of the Central Cascades. North Unit Irrigation District The North Unit Irrigation District NUID) was organized in 1916. As part of the Reclamation Act of 1902 Congress approved the Deschutes Project and in 1927 began construction of the project under the direction of the U.S. Bureau of Reclamation. The project was completed in 1949 allowing NUID to serve nearly 50,000 acres. Today NUID is the second largest irrigation district in Oregon, serving approximately 59,000 acres in Jefferson County. NUID maintains facilities in Deschutes County, including Wickiup Dam, Bend Headworks and the North Unit Irrigation Canal. NUUID has a long-standing relationship with the U.S. Bureau of Reclamation as part of the Deschutes Project. Swalley Irrigation District The Swalley Irrigation District was organized as the Deschutes Reclamation and Irrigation Company (DRIC) in 1899. In 1994 the shareholders of the DRIC voted to incorporate as an irrigation district and took the name of Swalley Irrigation District. The District has 28 miles of canals and laterals providing water to 720-667 customers. Three Sisters Irrigation District 6 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV 4-434-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS Farm Trends 2010 Whatever the challenges, agriculture is part of Deschutes County's culture and rural lifestyle. During the public input process, various ideas were discussed on how to preserve agricultural lands, open spaces and rural character of the County, while enabling landowners to make a living. The following ideas identify current trends that could be promoted by the County in conjunction with the local extension service and other agencies and organizations. It is important to emphasize that new uses must conform to State regulations. Alternative energy: Development of small alternative energy projects would promote local energy self-sufficiency, using Central Oregon's sun, wind, thermal, hydropower and biomass resources. Larger agricultural parcels could be used as commercial wind or solar farms to provide renewable energy as well as income to landowners. Alternative uses: There is interest in allowing non-farm uses on farm lands to take advantage of agrarian lifestyles and Central Oregon's setting. Ideas being discussed include agri-tourism or hosting weddings. Nonetheless, new non-farm uses must be evaluated to ensure they are compatible with State Statute and Rules as well as existing land uses and zoning. Local markets: Products from small farms are often sold to local markets. Additionally local consumption saves on transportation and energy, allows better tracking of food sources thereby increasing food safety and improves freshness and quality. Buying local is a current trend that could benefit the County's many small farmers. Community Supported Agriculture is one popular method, where farmers obtain paid subscriptions from customers, who then receive fresh produce every week for the season. Farmers markets and farm stands are another aspect of the local food movement. Conservation easements: Many states are using programs to put permanent conservation easements on farm lands. As an example of a program that is not yet available in Oregon is the Purchase of Agricultural Conservation Easements (PACE). Funded by the federal government and a combination of other sources, PACE purchases development rights from farmers. Niche markets: Small quantities or specialized products can be raised to meet particular markets, like organic products or peppermint oil. Value-added products: Processing the crops raised can increase profitability. An example would be making jam or jelly out of locally grown berries. Farm Councils: Farm councils are being initiated around the country to promote local sustainable food. The Central Oregon Food Policy Council (COFPC) formed in 2010 to lead the effort to a sustainable and just food system. The COFPC is made up of 12-15 volunteers including representatives from agricultural production public health government and others interested in the local food system. The identified strategies include supporting access to local healthy food, advocating for public policies that increase sustainable food production and connecting stakeholders in the food systems field. Big Look In 2005 a task force was appointed by the Oregon Governor, Speaker of the House and Senate President to review the current land use system. The Oregon Task Force on Land Use Planning was a I0 -member group representing various perspectives, charged with conducting a comprehensive review of the Oregon Statewide Planning Program. Called the Big Look Task 8 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV 1-134--11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS Force, this group was asked to make recommendations for any needed changes to land -use policy to the 2009 Legislature. After three years of extensive input from experts and citizens throughout the State, the task force developed its findings and recommendations. One of the primary conclusions reached was that Oregon needs a more flexible land use system that responds to regional variations. Two of the primary recommendations from the Task Force addressed agricultural and forest lands, recommending: • Counties be allowed to develop regional criteria for designating farm and forest lands, if they also protect important natural areas and assure that development is sustainable. • Counties be allowed to propose specialized rules to decide what lands are designated as farm or forest land. 2009 Legislature / House Bill 2229 House Bill (HB) 2229 began as the vehicle for legislative recommendations for the Big Look Task Force. However, by the time the Legislature adjourned, very little of the Task Force's recommendations remained. HB 2229 does authorize counties to reevaluate resource lands and amend their comprehensive plan designations for such lands consistent with definitions of "agricultural land" and "forest land." For example, the County could add irrigated lands to the regional definition of farm lands to acknowledge the results of the 1992 farm study. Anything that does not qualify as farmland or forestland may be rezoned for non -resource use, subject to conditions that development in the non -resource zones be rural in character, not significantly conflict with surrounding farm and forest practices, and not have adverse affects on such things as water quality, wildlife habitat, and fire safety. County rezoning activities must be pursuant to a work plan approved by the Oregon Department of Land Conservation and Development. This effectively means the work will be done similar to periodic review with the Land Conservation and Development Commission expressly given exclusive jurisdiction to review a county decision. Future of Deschutes County Farm Designations and Uses Statewide Planning Goal 3 requires counties to preserve and maintain agricultural lands. However, lin discussions on the future of agriculture in Deschutes County, there are still differences of opinion over which lands should be designated farm lands and what uses should be allowed on those lands. Farm lands contribute to the County in a number of ways. Agriculture is part of the ongoing local economy. Wide-open farm lands offer a secondary benefit by providing scenic open spaces that help attract tourist dollars. Farm lands also contribute to the rural character that is often mentioned as important to residents. Finally, it should be noted that agricultural lands are preserved through State policy because it is difficult to predict what agricultural opportunities might arise, and once fragmented the opportunity to farm may be lost. On the other hand, there seems to be widespread agreement that much of the local farm land is marginal, particularly without irrigation. The climate, especially the short growing season, makes commercial farming challenging. Statewide Planning Goal 3 does not really account for the conditions in Deschutes County and has resulted in agricultural zoning for land with no history of farming and limited potential for profitable farming. The small size of agricultural parcels adds to the challenges. It has been argued that preserving farm lands benefits the wider DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN -2010 PC REV -I--134-1 1 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS 9 public at the expense of agricultural land owners. There is considerable pressure to convert agricultural land to residential or other uses. The debate is complicated because there are impacts to the farming community from converting agricultural lands to other uses. It can be challenging for a farmer who has residential neighbors because farming activities can have noise, odor or dust impacts. The right -to -farm law discussed earlier offers some protection to farmers, but as residential uses :row there is .ressure to convert additional lands leadin to a reater loss of agricultural lands. The goals and policies in this Section are intended to provide the basis for evaluating the future of agriculture in the County over the next twenty years. They are intended to provide, within State guidelines, flexibility to the farming community. County farm lands will be preserved by ensuring a variety of alternative paths to profitability. 10 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 201 0 PC REV 1 134 11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.2 AGRICULTURAL LANDS defined and clarified in OAR 660-006. The following uses are becoming more prominent and likely to gain in importance over the next 20 years. Secondary forest products (forest operations): There is an increasing use of secondary forest products, such as hog fuel (chipped wood) or wood slash, which can be used for everything from animal bedding to presto logs to biomass fuel. There is some concern that those uses will lead to increased logging and degradation of forests. However, there is considerable agreement that the high build up of debris in local forests has increased the risk of forest fires. The increasing use of secondary forest products may contribute to the health of the forest as well as the local economy. Recreation (environmental, agricultural and recreation uses): Thcrc is an ongoing incr ase in recreation uscs on forest lands. The proximity of federal forests for hiking, mountain biking, skiing, hunting, fishing, wildlife viewing and other outdoor recreation draws tourists and residents alike. (see Section 2.6 for data on the economic impacts of wildlife tourism.) Alternative energy (locationally dependent): Commercial alternative energy projects are often locationally dependent. Forestry -related biomass plants and associated infrastructure are being considered in Central Oregon. Future of Forest Uses Most of the forest land in Deschutes County is owned and managed by the Federal Government under Federal regulations. Forest practices on State or private forest lands are regulated by the Oregon Department of Forestry. The primary role of the County is to limit the impacts of development on private property in forest zones. Although most forest lands are not owned or managed by Deschutes County, forests contribute immeasurably to County livability. Timber management and recreational tourism provide economic benefits and employment. Forests provide an impressive diversity of recreational opportunities. Forests also play a large role in maintaining clean air and water and they provide scenic beauty and habitat for a wide variety of plants and animals. It is important for the County to work cooperatively with forest land owners, including public agencies, non- profit organizations and private land owners. Residential Development The primary concern for the County over changing forest uses is that as timber becomes less profitable, the pressure to develop forest lands for residential uses increases. State regulations limit the development of housing in forest zones, recognizing that fragmenting forests decreases their value as productive forests. The biggest challenge posed by residential fragmentation of forests is the danger posed by wildfire in heavily wooded areas. Fire danger has increased as dry conditions and disease have impacted the health of forest lands. Years of fire suppression and limited logging have contributed to a build up of brush that can spread fires quickly. In these conditions, residential uses in forests create conditions dangerous to homeowners and firefighters. Section 3.4, Natural Hazards, has more information on wildfire prevention. The second challenge posed by forest fragmentation is the threat to fish and wildlife. This is addressed in the Water and Wildlife sections of this Chapter. 14 DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN -2010 PC REV 1-13-11 CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.3 FOREST LANDS Purpose of Goal 5 The purpose of identifying Goal 5 related lands is to effectively manage Deschutes County's natural and cultural resources to meet the needs of today while retaining their value for future generations. These resources are addressed in the following sections: Natural Resources • Water Resources • Wildlife • Open Spaces and Scenic Views and Sites • Energy Other Statewide Planning Goal 5 Resources • Mining Resources • Historic and Cultural Resources Future Goal 5 Inventories Although the 2008-2011 Plan update was not completed under periodic review and no updates to the Goal 5 resources were made, the County recognizes the importance of revisiting its Goal 5 resource list. To ensure the appropriate protection of Goal 5 resources, upon adoption of this Plan the County will initiate a Goal 5 technical committee to review its existing inventories and programs. The review will include consideration of existing inventories and programs as well as the cumulative effects of growth on our Goal 5 programs. The complete acknowledged Goal 5 inventory lists as of 2010 can be found in Chapter 5. An incomplete list of County Goal 5 Ordinances can also be found in Chapter 5. Research will continue to identify and list all adopted Goal 5 Ordinances. Some issues for the Goal 5 review are listed below. • There are some discrepancies between mapped and listed acknowledged Goal 5 inventories that need to be reconciled. • Many Goal 5 resources, like wilderness areas, are located on Federal lands and are protected by Federal programs. • Unlike other Goal 5 resources, amendments to the mining and historic inventories are generally initiated by property owners for specific sites. • An inventory of Goal 5 wildlife resources was provided by an interagency team made up of Oregon Department of Fish and Wildlife, U.S. Fish and Wildlife, U.S. Forest Service and the Bureau of Land Management. This report was prepared at the request of staff and as part of the Goal 5 review the updated inventories will be reviewed by a technical committee and eventually be recommended for adoption. • Consider the The Deschutes County Greenprint results data and community values will be reviewed and incorporated as needed intowhen reviewing the Goal 5 inventories. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV I-13-1 I CHAPTER 2 RESOURCE MANAGEMENT SECTION 2.4 GOAL 5 OVERVIEW 19 Sectiov., 5.2 4ossa r j avid Acrovtu vus Glossary Note: Terms defined in Deschutes County Code 18.04 (Zoning Code) are not repeated here, but have the same meaning as DCC 18.04. "Agricultural -tourism" or "Agri -tourism" means a commercial enterprise at a working farm or ranch, operated in conjunction with the primary farm or ranch use, conducted for the enjoyment and/or education of visitors, that promotes successful agriculture, generates supplemental income for the owner and complies with Oregon Statute and Rule. "Aquifer" means a water -bearing rock, rock formation or a group of formations. "Common Area" means `common property' as defined in the Oregon Planned Communities Act at ORS 94.550(7). "Community facilities" means public or privately owned facilities used by the public, such as streets, schools, libraries, parks and playgrounds; also facilities owned and operated by non- profit private agencies such as churches, settlement houses and neighborhood associations. "Comprehensive Plan" means a generalized, coordinated land use map and policy statement of the governing body of a state agency, city, county or special district that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to sewer and water, transportation, educational and recreational systems and natural resources and air and water quality management programs. "Comprehensive" means all- inclusive, both in terms of the geographic area covered and functional and natural activities and systems occurring in the area covered by the plan. "Generalized" mean a summary of policies and proposals in broad categories and does not necessarily indicate specific locations of any area, activity or use. A plan is "coordinated" when the needs of all levels of governments, semi- public and private agencies and the citizens have been considered and accommodated as much as possible. "Land" includes water, both surface and subsurface, and the air. "Conservation" means limiting or minimizing the use or depletion of natural resources, including such things as land, energy, water or wildlife habitat. "Ecosystem" means the physical and biological components and processes occurring in a given area, which interact to create a dynamic equilibrium. "Findings" means a fact, determination or reason, based on existing information, which, by itself or in conjunction with other findings, leads to a particular conclusion or course of action. "Goal Exception" means a land use process through which a local jurisdiction justifies, based on factual evidence, that a policy embodied in a particular statewide planning goal should not apply to a particular property or set of properties. "Green design" means design and construction practices that significantly reduce the negative impacts of buildings on the environment and occupants. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV -1-1-34-1 1 3 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.2 GLOSSARY AND ACRONYMS Wetlands Inventory: In 1992 Deschutes County Ordinance 92-045 adopted all wetlands identified on the U. S. Fish and Wildlife Service National Wetland Inventory Maps as the Deschutes County wetland inventory. As of 2010 a Local Wetlands Inventory was being prepared to provide more detailed accurate information for south Deschutes County. Federal Wild and Scenic Rivers Inventory: The following segments of the Deschutes River have been designated as Federal Recreation and Scenic rivers by the passage of the 1988 Omnibus Oregon Wild and Scenic Rivers Act of 1988. Congress mandates the US Forest Service to prepare a management plan for these segments of the Deschutes River. Table 5.3.6 Deschutes County Wild and Scenic River Segments Waterway Description Upper Deschutes River From Wickiup Dam to Fall River (22 Upper Deschutes River* miles) Middle Deschutes River From Odin Falls to the upper end of Lake Billy ChinookFall River to N Upper Deschutes River boundary Sun River (20 miles) Deschutes River N boundary Sun River to Bend UGB (13 miles) Whychus Creek (formerly From its s urcc to USGS Gage 110750001ncludes all tributaries within the Squaw Creek) Three Sisters Wilderness, Soap Creek and the main stem from the Upper Deschutes River wilderness boundary to the stream flow gauge station Source: ^tea o^., -m, 4e vieeCounty Ordinance 92-052 Oregon Scenic Waterways Inventory: The following segments of the Deschutes River have been designated as State Scenic Waterways by the State Legislature or a 1988 Ballot. Table 5.3.7 Deschutes County Oregon Scenic Waterway Segments Waterway Description Upper Deschutes River From Little Lave Lake to Crane Prairie Reservoir (12 miles) Upper Deschutes River* From immediately below Wickiup Dam downstream to the gaging station General Patch Bridge (28 miles) Upper Deschutes River From Harper Bridge COID diversion 171 to the structure near river mile (21 miles) Upper Deschutes River* From Robert Sawyer Park downstr to Tumalo State Park am (5 miles) Upper Deschutes River From Upper Deschutes Market Road Bridge t• - - -- (excluding the Cline Falls hydroelectric facility near river mile 115) the County line (28 miles) Little Deschutes 12 miles Source: 9regen Revised Statute 390:826County Ordinance 92-052 Groundwater Resources Inventory: Groundwater in the Deschutes River Basin in Deschutes County connects with surface water according to the U.S. Geological Survey. Landscape Management Rivers and Streams Inventory: Please see Section 5.5 of this Plan for the list of Landscape Management Rivers and Streams. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN -2010 PC REV 1-1-34-1 1 9 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.3 WATER INVENTORIES Spring River Rural Service Center — Ordinances 90-009, 1990; 90-010, 1990; 96-022, 1996; 96-045„ 1996 A reasons exception was taken to Goal 14 to allow the establishment of the Spring River Rural Service Center on residentially designated lands. Burgess Road and Highway 97 — Ordinance 97-060, 1997 An exception was taken to Goal 4 to allow for road improvements. Rural Industrial Zone — Ordinances 2010-030, 2010. 2009-007, 2009 Two separate ordinances for rural industrial uses. The 2009 exception included anAt3 irrevocably committed exception was taken to Goal 3 and a reasons exception was taken to Goal 14 to allow rural industrial use with a Limited Use Combining Zone for storage, crushing, processing, sale and distribution of minerals. The 2010 exception took a reasons exception to Goal 14 with a Limited Use Combin_ Zone for stora_e crushin: .rocessin: sale and distribution of minerals. Prineville Railway — Ordinance 98-017 An exception was taken to Goal 3 to accommodate the relocation of the Redmond Railway Depot and the use of the site for an historic structure to be utilized in conjunction with the Crooked River Dinner Train operations. Resort Communities — Ordinance 2001-047, 2001 An exception was taken to Goal 4 for Black Butte Ranch and Inn of the 7th Mountain/Widgi Creek during the designation of those communities as Resort Communities under OAR 660- 22. Barclay Meadows Business Park — Ordinance 2003-11, 2003 A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban Growth Boundary. Sisters School District # 6 — Ordinance 2003-11, 2003 A reasons exception was taken to Goal 3 to include certain property within the Sisters Urban Growth Boundary. Sisters Organization of Activities and Recreation and Sisters School District 146 — Ordinance 2003-017, 2003 A reasons exception was taken to Goal 4 to include certain property within the Sisters Urban Growth Boundary. Oregon Water Wonderland Unit 2 Sewer District — Ordinances 2010-015, 2010; 2003-015, 2003 A reasons exception was taken to Goals 4 and 11 to allow uses approved by the Board of County Commissioners in PA -02-5 and ZC-02-3 as amended by PA -09-4. City of Bend Urban Growth Boundary Amendment (Juniper Ridge) — Ordinance 97-060. 1997 An exception was taken to Goal 3 to allow an amendment of the Bend Urban Growth Boundary to incorporate 513 acres for industrial uses. Joyce Coats Revocable Trust Johnson Road and Tumalo Reservoir Road Properties — Ordinance 2005- 015, 2005 An irrevocably committed exception was taken to Goal 3 to allow a change of comprehensive plan designation from Surface Mining to Rural Residential Exception Area and zoning from Surface Mining to Multiple Use Agriculture for Surface Mine Sites 306 and 307. DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV I - 13-1 1 CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.10 GOAL EXCEPTION STATEMENTS 41 sect%ow 5.11 4o1i1, 5Aolupted. oroilAAA ,ces As noted in Section 2.4 of this Plan ado ted and acknowled•ed Goal 5 inventories ESEEs and programs are retained in this Plan. Generally the Goal 5 inventories and ESEEs were adopted into the previous Comprehensive Plan or Resource Element and the Goal 5 programs were adopted into the Zoning Code. The County does not have a complete listing of Goal 5 inventory and ESEE ordinances, but will continue to research those ordinances. The following list is a start in listing all Goal 5 ordinances that are retained in this Plan. • 80-203 Misc. Goal 5 • 85-001 Geothermal Resources • 86-019 Deschutes River Corridor • 90-025 Mining • 90-028 Mining • 90-029 Mining • 92-018 Historic and Cultural • 92-033 Open Space, LM • 92-040 Fish and Wildlife • 92-041 Fish and Wildlife (wetlands and riparian) • 92-045 Wetlands RE • 92-051 Misc. including Goal 5 • 92-052 Misc. Goal 5 • 92-067 Mining • 93-003 Misc. Goal 5 • 94-003 Misc, Goal 5 • 94-006 Historic and Cultural • 94-007 Wetlands and Riparian areas • 94-050 Mining • 95-038 Misc. Goal 5 • 95-041 Mining • 96-076 Mining • 99-019 Mining • 99-028 Mining • 2001-027 Mining • 2001-038 Mining • 2001-047 Mining • 2001-018 Fish and Wildlife • 2003-019 Mining • 2005-025 Historic and Cultural • 2005-031 Mining • 2007-013 Mining • 2008-001 Mining DRAFT DESCHUTES COUNTY COMPREHENSIVE PLAN - 2010 PC REV I-13-1 I CHAPTER 5 SUPPLEMENTAL SECTIONS SECTION 5.10 GOAL EXCEPTION STATEMENTS 43