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HomeMy WebLinkAbout9-3 PC Mtg Prep - Staff Memo DATE: August 20, 2014 TO: Board of County Commissioners FROM: Nick Lelack, Director Peter Gutowsky, Principal Planner RE: September 25 / Joint Planning Commission Meeting / Coordination This memorandum prepares the Board of County Commissioners (BOCC) for its joint work session with the Planning Commission on September 25. As summarized below, the Community Development Department (CDD) is interested in providing three updates. 1. Agricultural Lands Program The BOCC directed CDD to conduct a public outreach campaign to understand community, stakeholder, and landowner opinions about Deschutes County farm designations and land uses. In May, the Planning Division conducted six community conversations in locations throughout the County. The meetings were held in Alfalfa, Bend, Brothers, La Pine, Sisters, and Terrebonne. Each one provided an overview of Deschutes County’s agricultural lands program with details focusing on its history, relevant Comprehensive Plan policies, and recent land use trends. Staff utilized a variety of public engagement techniques to generate public comments, including facilitated exercises and questionnaires. An online survey was also made available on the CDD website. In addition, staff approached numerous organizations in the region, offering to hold stakeholder meetings. A final report summarizing the results of this public outreach campaign was released in preparation of a joint Planning Commission and BOCC work session.1 A joint Board-Planning Commission work session was held on June 26, 2014, to discuss the public outreach results. Staff gave a presentation and fielded questions from the Commissioners. The public was also given an opportunity to comment. Prior to determining the next steps of the project, the BOCC directed staff to address issues raised at the meeting and the previous public outreach reach campaign. During the September 25 work session, staff will provide a matrix and PowerPoint presentation recapping both. 2. National Flood Insurance Program and Endangered Species Act As a result of a 2010 settlement approved in federal court, the Federal Emergency Management Agency (FEMA) is consulting with National Marine Fisheries Service (NMFS) and drafting new rules for Oregon communities that participate in the National Flood Insurance Program (NFIP) and have waterways bearing salmon or steelhead.2 Jurisdictions and property owners across the state rely on NFIP, administered by FEMA. The NFIP sets 1 www.deschutes.org/CDDPlanProcess 2 http://www.oregon.gov/LCD/docs/Salmon%20Recovery%20through%20Floodplain%20Management.pdf -2- building standards to minimize loss of life and property damage from floods. It also provides flood insurance not available through the private market. FEMA has been sued in several states, including Oregon, for failing to consult with NMFS or the U. S. Fish and Wildlife Service (USFWS) when species listed as threatened or endangered under the federal Endangered Species Act (ESA) are affected by development in the Special Flood Hazard Area (SFHA), or “100-year floodplain.” FEMA administers the NFIP in the SFHA and has an obligation under Section 7 of the ESA to implement its program so that listed species are not put at higher risk of extinction. Through the consultation process NMFS and FEMA must identify measures to ensure that implementation of the NFIP will not result in further loss of salmon and steelhead habitat. FEMA is presently working with NMFS on a biological opinion that would ensure that homes and other developments in these floodplain areas do not harm salmon and steelhead populations. This biological opinion would also give guidance to communities and potentially require them to adopt ordinances to address the ESA. Many Oregon cities and counties have expressed concern to FEMA and NMFS regarding the promulgation of new floodplain rules and guidelines, including the lack of staffing capacity to deal with technical ESA consultation; the potential liability of approving land use and building permits; and potential loss of real estate values if local zoning requirements change dramatically. Deschutes County is home to three populations of salmon and steelhead listed as threatened under ESA by NMFS and USFW S: spring chinook salmon, summer steelhead trout, and bull trout. Whychus Creek historically supported steelhead and salmon prior to the establishment of the Pelton Round Butte Dams. Since 2007, Portland General Electric, Confederated Tribes of Warm Springs and Oregon Department of Fish and Wildlife have led the effort to reintroduce salmon and steelhead fry and smolts in Whychus Creek. Bull Trout occupy the Deschutes River downstream from Big Falls and the Crooked River near the Rex Barber Bridge. Both areas contain incised canyons with development occurring beyond the rim. Big Falls naturally blocks bull trout from moving upstream into the Upper Deschutes River. The falls are approximately 1.5 miles downstream from Lower Bridge Road. According to the Assessor’s Office, there are 167 lots in the rural county within 170 feet of Whychus Creek, Deschutes River or the Crooked River. Of these, 78 are developed with a residence. Staff will provide a PowerPoint describing the NFIP and ESA in more detail at the joint work session. 3. Long Range Planning Update / Goal 11 CDD will provide an update on the Goal 11 (Sewer) Exception for southern Deschutes County. The Planning and Environmental Soils Divisions continue to support the Oregon Department of Environmental Quality (DEQ) South Deschutes/Northern Klamath County Groundwater Protection Project. Staff anticipates a draft burden of proof and map of the affected area to justify a Goal 11 exception will be available from Department of Land Conservation and Development (DLCD) and DEQ by the end of September. DEQ and DLCD are interested in then initiating a series of informal public review meetings through February prior to commencing a formal Goal 11 exception application and public hearing process in Spring 2015. A schedule of those informal meetings is forthcoming.