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HomeMy WebLinkAboutWork Plan Staff Memo  MEMORANDUM DATE: January 25, 2011 TO: Deschutes County Board of Commissioners FROM: Peter Gutowsky, Principal Planner Nick Lelack, Planning Director MTG: February 2, 2011 Work Session RE: Planning Division / Long Range Planning Section / Two New Projects The Board of County Commissioners (Board) held a work session on January 12 to identify new projects that could be initiated over the next five months, and those that will need to be deferred and reprioritized for the FY 2011-12 Work Plan. The Board requested that two new projects be initiated now based on available staff resources: • Commercial Events in the Exclusive Farm Use (EFU) Zone Text Amendment; and, • Scoping a South County Community Plan. These two items received the highest priority after the Board expressed their full support for Long Range Planning (LRP) Section’s FY 2010-2011 ongoing projects. Listed below in Table 1, are those projects. Others referenced on this fiscal year’s work plan, but not yet begun, are summarized later in this memorandum. They will be initiated if/when staffing resources become available. Table 1 – Ongoing Projects Supported by the Board Planning Project Status Comprehensive Plan Update (2010-2030) On January 13, the Planning Commission voted 6-1 to recommend approval of the Plan Update to the Board. On February 2, staff will introduce the Planning Commission’s recommendation to the Board and seek direction on their desired review process, including the number, location and timelines of work sessions, public hearings and deliberations. Regional Economic Opportunity Analysis Deschutes County is administering a state grant to develop a Regional Economic Opportunity Analysis, involving Jefferson and Crook Counties, and most of the cities in the tri-county area. County planning staff, with assistance from the Department of State Lands, is seeking to expand a technical assistance grant to address how implementing the REOA will occur over time and in multiple jurisdictions, among other new deliverables. The project must be completed by May 31, 2011. Table 1 – Ongoing Projects Supported by the Board Planning Project Status Destination Resort Eligibility Map Amendment The Planning Commission continued their November 18 public hearing to January 27. Once a recommendation is made, staff will postpone a Board hearing until the Land Use Board of Appeals issues their decision on Ordinances 2010-024 and 2010-025. These ordinances, which address map eligibility criteria and procedures were appealed by Central Oregon Land Watch. Oral arguments took place on January 20. Deschutes Junction The Planning Commission on January 13 made a recommendation on four Comprehensive Plan policies specifically addressing issues in the Deschutes Junction area. The Planning Division also recently issued an administrative declaratory ruling on the status of the pink building at the northwest quadrant of the intersection. Public hearings on both matters will occur in the spring. Transportation System Plan Update The Deschutes County Transportation System Plan addresses transportation needs throughout the County over the next twenty years (2010-2030). This is the first comprehensive update in over 10 years. A draft Plan is expected in June with public hearings occurring in the summer. South Deschutes County Local Wetland Inventory & Comp Plan Amendment Deschutes County is undertaking a La Pine Subbasin LWI to meet statewide planning goals. The DSL is reviewing the draft LWI. The agency is expected to send an approval letter in March. Once approved, DSL recognizes the LWI as part of the Statewide Wetlands Inventory. Deschutes County will then initiate a legislative amendment to adopt the LWI into its comprehensive plan Small Wind Energy System Text Amendments The Planning Commission is currently considering text amendments to allow small wind energy systems. A small wind turbine is a device that produces no more than 100 kW/hour electricity from wind. Small wind turbines allow homeowners, farmers, small business owners, and public facilities to generate their own energy for on-site use. The Planning Commission is holding its fourth hearing on February 10. Bend UGB Amendments The LRP Section undertakes localized and regional coordination duties, one of which pertains to the City of Bend’s UGB amendment.1 On November 3, Richard Whitman, the Department of Land Conservation and Development (DLCD) Director, on behalf of the Land Conservation and Development Commission, issued the Remand and Partial Acknowledgment Order of the City of Bend’s UGB. The Commission's order became final on Jan. 3, 2011. The City of Bend estimates a 20 - 24 month timeframe to complete the remand order.2 The LRP Section will be attending monthly coordination meetings as a local partner during the remand process with DLCD and City staff. Historical Preservation Program Update & Grants The Cities of Redmond, Bend, and La Pine are moving forward with forming their own Historic Landmarks Commission. These actions will require amending the County’s Historic Preservation Code later this spring and determining if staff should apply for its own CLG grant, due February 25. 1 Oregon Revised Statute (ORS) 195.025 requires each county, through its governing body to be responsible for coordinating all planning activities affecting land uses within the county, including planning activities of the county, cities, special districts and state agencies, to assure an integrated comprehensive plan for the entire area of the county 2 http://www.ci.bend.or.us/docs/UGB_Remand_Game_Plan.pdf. On January 19, the Bend City Council received a report on the LCDC final order and approved a motion authorizing staff to proceed with a proposed work plan to complete the remand tasks. City Council also appointed a remand task force, made up of three city councilors and two planning commissioners, to oversee the remand project. ‐2-   A. NEW PROJECTS I. Commercial Events in the EFU Zone The Planning Division has the capacity to assign Paul Blikstad, a Senior Planner in the Current Planning Division to undertake this specific text amendment. One approach for undertaking this project is described below. Step 1: Conduct two Planning Commission work sessions, one in February, the other in early March to develop a proposed text amendment. The Planning Commission will discuss and ultimately forward to the Board their preferred legislative criteria for siting commercial events on farm land. These concepts will address: • Activities/Events o Weddings/reunions o Entertainment/concerts o Farm stays (similar to guest ranch) • Compatibility o Minimum acreage o Noise o Lighting o Hours of Operation o Frequency and scale of activity (number of events / number of people) • Land use permitting process o Private park o Event venue o Home occupation o Commercial activity in conjunction with farm use o Public notice o Enforcement o Coordination between state agencies and county departments • Support Services o Transportation issues (traffic flow, parking, emergency services) o Public health requirements (food service, sanitation, garbage) o Groundwater wells o Building/fire safety Step 2 Conduct a work session in late March with the Board to select legislative criteria that can be the basis for crafting and initiating an amendment Step 3 Initiate public hearings, beginning in May with the Planning Commission.3 3 ORS197.610 requires the Oregon Department of Land Conservation and Development to receive 45 days notice prior to the first evidentiary hearing. ‐3-   II. Scoping a South County Community Plan The Planning Division has the capacity to assign Terri Payne, a Senior Planner in the LRP Section to undertake this project, as time becomes available during the Board’s consideration of the Comp Plan Update. Table 2 provides an overview of the major elements of a South County Community Plan and an approach for scoping it over the next several months. Staff anticipates returning in June at a Board work session to share the results of the scoping effort. The effort will identify staffing resources necessary to undertake the project and additional costs such as consultants, room rentals and meeting notices. Table 2 – Scoping Approach for a South County Community Plan Part I. What is a Community Plan? What it Does . . . • It describes a vision statement, area history, existing land use conditions, public facilities, community input, and goals and policies. • It is a document created after an extensive public involvement process to reflect community values and their land use concerns • Goals and policies will provide a guide to decision making for land use planning, capital improvements, and physical development during the next 20 years. • The Community Plan is an integral part of the Comprehensive Plan and upon adoption by the Board constitutes an official section. • Implementing new policies occurs after a Community Plan is adopted. The Board as the elected body determines during budgetary discussions every spring, the Planning Division’s FY work program. What it Does Not . . . • It does not, upon adoption automatically change County regulations • It does not overturn state law, state land use goals or regulations Part II. What are the Major Elements of a Community Plan Background Documents • Wildlife Inventories (1990s) • Zoning o Land Use and Wildlife Zoning (1990s) o High Priority Deer Migration Area (2001) o Transferable Development Credits (2002) o Neighborhood Planning Area (2002) o Pollution Reduction Credits (2006) • Regional Problem Solving (1996 -1999) • KCM Sewer Feasibility Study (1997) • La Pine Demonstration Project (1999 -2004) • 11 USGS Studies (2005-2008) 4 • Community Wildfire Protection Plans o Upper Deschutes River Coalition (2007) o Greater La Pine and Sunriver (2010) • Protection of Groundwater – EPA (2008) • High Groundwater Work Program (2009) • Sewer Feasibility Study (2010) Draft Outline • Community Vision Statement • History • Land Use • Public Facilities and Services • Surrounding Land Use • Community Input • Goals and Policies • Maps 4 http://or.water.usgs.gov/proj/or186/new_site/reports.html ‐4-   Table 2 – Scoping Approach for a South County Community Plan Part III. Scoping a South County Community Plan / Winter & Spring 2011 Public Outreach February - April • Develop a questionnaire that can be circulated throughout the area by email and/or as handouts, and published in the Newberry Eagle • Develop a webpage on the Community Development Department’s website devoted to scoping this Community Plan • Meet with the Citizens Action Group, Upper Deschutes River Coalition, La Pine Park and Recreation District, road districts, La Pine City Council, Sunriver administration, and others to gain their input April-May • Evaluate responses and prepare a report for the Board June • Conduct a Board work session Initial Questions • Do you support the development of a South County Community Plan? • What is the boundary of South County? • What areas should be included in a South County Community Plan? o Rural subdivisions . . . o City of La Pine and Sunriver . . . o Other . . . • Are there different issues in different locations that need to be addressed? o Area 36. . . o North / South of State Rec Road. . . o Three Rivers. . . o Other . . . • What issues need to be addressed? o Land use . . . o Public facilities . . . o Transportation . . . o Recreation . . . o Natural Hazards . . . o Wildlife Habitat . . . o Other . . . • What kind of public outreach is needed to ensure adequate participation in the future development of a community plan? o Email / Website Updates . . . o Targeted Mailings . . . o Surveys . . . o Public Workshops . . . o Other . . . • Is interagency input (state and federal agencies) important for developing the community plan? • Is it important to revisit or review existing County documents during the development of a community plan? o Zoning . . . o Wildlife Inventories . . . o Regional Problem Solving . . . o USGS Reports . . . o Sewer Feasibilities Studies . . . o High Groundwater Work Program . . . o Other . . . ‐5-   III. Projects on Hold Table 3 lists projects that the Board acknowledged are on hold due to limited staff resources. These will likely be deferred and reprioritized for the FY 2011-12 work plan. Nonetheless, as capacity becomes available, staff will consider folding certain legislative amendments under one omnibus bill for efficiency during the hearing process before the Planning Commission and Board. Amendments that could be folded under one omnibus bill are noted with an asterisk (*). Table 3 - FY 2010-11 Projects Not Yet Begun Planning Project Description Action Plan to Implement Comp Plan Develop a 20-year action plan to implement new Comprehensive Plan as a stand-alone document upon adoption Apply for Certified Local Government Grant Apply for a Certified Local Government (CLG) grant to pay for the costs to nominate the Whited Farmstead for National Register status, if supported by property owner Update Goal 5 Inventory of Natural & Cultural Resources upon Adoption of Comp Plan Although the Comp 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, the County recognizes the importance of initiating a review of its existing inventories and programs. A review will include consideration of existing inventories and programs as well as the cumulative effects of growth on the County’s Goal 5 programs * Solar Ordinance Text Amendments Introduce a variance procedure into the Deschutes County Code that would allow neighbors to mutually agree to waive the protections of the solar ordinance through the recording of a solar easement. Wildfire Protection Text Amendments Add standards and criteria that require defensible space for wildfire protection * Code Violation Text Amendment Initiate an amendment to prohibit the issuance of land use and building permits if a property has a pending code violation or is in violation with conditions of approval from a prior land use decision ‐6-