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HomeMy WebLinkAboutPlanning Division Update MEMORANDUM DATE: December 6, 2011 TO: Board of County Commissioners FROM: Nick Lelack, Planning Director Peter Gutowsky, Principal Planner MEETING: December 14, 2011 RE: Planning Division Work Plan Update / Text Amendments and Sage Grouse Coordination The Community Development Department (CDD) recently completed several multiyear land use planning projects. These projects, administered by the Planning Division, are recognized for their innovation, collaboration, resourcefulness, and commitment to citizen involvement. The attachment with this memorandum summarizes the Planning Division’s existing planning projects, ongoing coordination responsibilities, FY 2011/2012 Projects Not Yet Begun, and 2011 accomplishments. CDD seeks the Board’s support to initiate “housekeeping” text amendments and coordinate with Central and Eastern Oregon counties regarding the issue of sage grouse habitat. Text Amendment and Sage Grouse Coordination Table 1 identifies two projects, one from the Planning Division’s FY 2011-2012 work program and another pertaining to sage grouse coordination that can be initiated shortly with existing staffing resources. Table 1- Upcoming Planning Division Projects Housekeeping Text Amendments A package of text amendments to implement 2011 legislation related to Deschutes County as well as minor errors, omissions, clarifications, and other housekeeping changes are ready to be initiated. The intent is that these text amendments are non-controversial and require limited staffing resources. Specifically, the proposed text amendments would address the following (and discussed in more detail in the attachment): Add a definition of “Room and Board Arrangement.” Add a provision for a solar setback variance. This is not necessarily a “housekeeping” amendment, but has been discussed for years. It will not likely be controversial or require significant staffing resources. Amend the EFU zone to incorporate new Religious Land Use and Institutionalized Persons (RLUIPA) administrative rules. Amend the code to allow temporary workforce housing for power generation facilities. Amend the Guest Ranch provisions to implement 2011 legislation (HB 2753), and to extend the sunset date to January 2, 2018. Add wind power generation facilities and photovoltaic solar power generation facilities as uses allowed pursuant to Conditional Use Permit approval. Amend the Addressing provisions of the code to be consistent with the Redmond Fire and Rescue operations. Delete Chapter 2.48 of Title 2 which established the Deschutes Basin Resource Committee because it no longer exists. -2- Table 1- Upcoming Planning Division Projects Sage Grouse Coordination In spring 2010, the US Fish and Wildlife Service (USFWS) determined that protection of the greater sage -grouse under the federal Endangered Species Act (ESA) was warranted. With this potential listing looming very large over Central and Eastern Oregon, Harney County submitted a technical assistance grant application to DLCD for money to create a plan or process to address greater sage grouse to either avoid a full ESA listing in 2015 or, if it is listed, to have a bottom-up protection plan in place so that USFWS does not impose one on the region. Harney County’s grant application, however, was only a place-holder for money and incomplete. DLCD has held grant money aside for this effort, but needs a complete application by late January 2012. One approach i s to use the grant money to hire consultants/facilitators to bring the inventoried counties together to determine how to create a regional plan to address sage grouse, including identifying and applying for federal funding sources for habitat protection, Goal 5 update processes, etc. DLCD believes USFWS will have money available for this effort since our region has the last best intact habitat in the United States for this species. But, the region will need to work together to request that money. The $60K should be adequate to hire a facilitator for this first phase of the project. The next step in this process is for Harney County to convene participating counties in a meeting in early December in Burns. The purpose of that meeting will be to develop the grant application, which will likely be due sometime by the end of January 2012. Board Direction Staff seeks Board support to initiate the housekeeping text amendments, and to coordinate with other Central and Eastern Oregon counties to address sage grouse habitat issues. - Attachment - A. Table 1 – Proposed Housekeeping Text Amendments PROPOSED AMENDMENT REASON EFFECT Miscellaneous Title 18 Text Amendments Add definition of “Room and Board Arrangement” in 18.04.030 Establish this definition to have the County code be consistent with the Board’s decision on CU-10-2, room and board arrangements for up to 5 unrelated persons in the EFU zone. The change will provide a definition of room and board arrangements, listed in the EFU zone as a conditional use. It was formerly referenced as a bed and breakfast, which was not consistent with State Law. Add provision for a solar setback variance under 18.116.180, Building Setbacks for the Protection of Solar Access. Staff believes there are instances where a solar variance is appropriate, and there is no current provision to allow them. This provision will provide greater flexibility to allow solar variances, which will require agreement from the person/owner most affected by the variance. Amend the provision for a medical hardship dwelling to allow a broader range of what family members constitute a “relative.” Currently the County has two different references for who constitutes a “relative” for medical hardship dwelling purposes. Staff recommends they be exactly same (EFU zone and all other zones). The change will make the references in DCC 18.116.090(C) and 18.16.050(H) for a “relative” consistent with each other. Exclusive Farm Use Zone Changes Amend the provision/use in Chapter 18.16 for churches to be consistent with RLUIPA, and Oregon Administrative Rules (OAR) Chapter 660 Division 033. The DCC needs to be consistent with RLUIPA and OAR Chapter 660 Division 33. Churches proposed within 3 miles of an urban growth boundary that have an enclosed structure with a design capacity of 100 or less people will not require a goal exception. Amend the code to allow temporary workforce housing for power generation facilities. (DCC 18.16.040, Limitations on Conditional Uses) DLCD amended OAR 660-033-0130 to provide for temporary workforce housing for construction workers at new energy generation facilities. The proposed changes will be consistent with the OAR changes and allow workforce housing on a temporary basis. Amend the Guest Ranch listing in 18.16.037 to incorporate HB 2753, and extend the sunset clause to January 2, 2018. House Bill 2753 established additional restrictions on where guest ranches could be located and extended the sunset clause for the guest ranch use to January 2, 2018. The changes will allow County code to be consistent with HB 2753 (State Law). Add wind power generation facilities, and photovoltaic solar power generation facilities as uses under the conditional use permit section (18.16.030). Wind power generation facilities and photovoltaic solar power generation facilities have been added to the list of uses potentially allowed in the EFU zones, OAR 660-033-0120. Adding these two uses will make our code consistent with the OAR provisions. Miscellaneous Code Changes: Amend DCC Chapter 16.12, Addressing, to have County address code be consistent with addressing for Redmond Fire and Rescue, which is different than the rest of the County. Redmond Fire and Rescue has a 4- digit address system and a different grid system than the rest of the county. For east-west oriented roads, the numbering system is also different than the rest of the county. The address code changes will allow the code to be consistent with the addressing system and numbering for Redmond Fire and Rescue. Delete Chapter 2.48 of Title 2 of the Deschutes County Code, Administration. This chapter established the Deschutes Basin Resource Committee. The Deschutes Basin Resource Committee no longer exists, and has not existed for at least 7 years. Staff believes that this chapter is no longer necessary. This will delete the code language which established the DBRC in 1986 as part of the Deschutes River Study. Amend the definition of “Property Line Adjustment” in DCC 17.08.030 to make it consistent with ORS 92.010(12). County code does not match the language in ORS Chapter 92 for a property line adjustment. The change will make County code consistent with the definition in ORS 92.010(12), which we are currently using. -4- B. Existing Projects Table 2 provides an overview of the Planning Division’s current projects. Table 2 - Long Range Planning Existing Projects Project Description Action Plan to Implement Comp Plan Develop a 20-year action plan to implement new Comprehensive Plan. The Planning Commission briefly reviewed the first draft in October and will continue its review in early 2012. Certified Local Government Grant Staff is administering a $14,500 Certified Local Government Grant to fund an archeological survey for the Four Winds Foundation Property, nominate the Deedon Homestead to the National Register, update the Deschutes County Code based on Bend, Redmond, and La Pine’s individual preservation programs, provide training for Historical Landmark Commissioners, and photograph national register and locally designated structures and sites in the rural county. Commercial Events on EFU Text Amendments Text amendments have been drafted to clarify how activities and events on farm land may be permitted. The Planning Commission conducted the first public hearing on December 8, and will conduct additional hearings in early 2012. Regional Economic Opportunity Analysis – Phase 2 Staff is coordinating with and supporting Central Oregon Intergovernmental Council (COIC) to finalize a Department of Land Conservation and Development grant agreement for Phase 2 of the Regional Economic Opportunity Analysis (REOA) to establish the COIC Board as the regional Large Lot Industrial Program Governance Authority and begin REOA implementation. South County Plan Staff is initiating a process to prepare a land use plan for the South County area. A boundary map, Scope of Work and Public Outreach Strategy are being finalized to provide structure for an eighteen month planning process, commencing in January 2012. As drafted, the process runs from January 2012 to June 2013, with legislative plan amendments and the first evidentiary hearing occurring in Fall 2012. The Board will hold a work session on this issue on December 19. 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. The Planning Commission will hold their third public hearing on December 15 in Sisters. Previous hearings took place in Bend and Sunriver. Work sessions and potential additional public hearings are planned for early 2012. C. Ongoing Coordination Responsibilities Planning staff coordinates with Bend, La Pine, Redmond and Sisters as required by state law in addition to other regional projects, as shown in Table 2 below. One project in particular may likely place significant demands on staff next fall. According to the latest Remand Task Force meeting, in 2012 City planners will be finalizing Bend’s Urban Growth Boundary amendments in preparation of March 2013 public hearings.1 Staff will coordinate with the City to make sure their General Plan, Transportation System Plan, and urban unincorporated zoning are consistent with the County’s land use plans. The table below provides a summary of CDD’s significant planning and transportation-related coordination activities. It does not list all of staff’s monthly and quarterly regional and statewide 1 http://bendoregon.gov/Modules/ShowDocument.aspx?documentid=5339 ; http://bendoregon.gov/Modules/ShowDocument.aspx?documentid=5340 -5- meetings. Coordination activities fluctuate prior to and during legislative sessions, and as cities request County assistance in pursuing growth management and/or airport-related projects. Table 3 – Statutory / Regional Coordination Duties Project Description Assist with Safe Routes to Schools Assist the City of Bend with Safe Routes to School (SR2S) efforts in the Bend -La Pine School District, and County schools as needed Bend Airport Master Plan Coordinate with the City to update the Airport Master Plan City of Bend Growth Management Coordinate with the City to complete Urban Growth Boundary Amendment. Upon state acknowledgment of a UGB amendment, discuss initiating an Urban Reserve Area (URA) work program for the City of Bend. Harper Bridge Coordinate with property owners, residents, river users, state agencies, Sunriver, and other stakeholders to develop a solution for safe river access in the Harper Bridge area. Historical Landmarks Commission Provide staff to the Historic Landmarks Commission for any county related applications or policy issues. This activity will significantly increase in 2012 as the cities of Bend, Redmond and La Pine establish their own Historical Landmarks Commissions (HLC), and the County reestablishes its HLC with its own dedicated staffing resources. ODOT Refinement Planning Projects Participate in ODOT funded refinement planning proje cts for Highway 97 and Highway 20. These projects may include planning for the Quarry Road interchanges and the Wickiup Junction interchange or bypass Regional Trail Plan Coordinate with local, state and federal agencies through the Deschutes County Bicycle and Pedestrian Advisory Committee to develop a regional trail plan. Upon completion of a trail plan, amend the Transportation System Plan (TSP) to include the routes. Also work with the Bicycle and Pedestrian Advisory Committee to develop an online trail guide. Statewide Planning Goal 11 (Public Facilities) Coordinate with Oregon Department of Environmental Quality on their efforts to lead the groundwater protection program for the Upper Deschutes basin, including discussions regarding Statewide Planning Goal 11 (Public Facilities) Transportation Committees Central Oregon Area Commission on Transportation (COACT) TAC Highway 97/20 Project Technical Advisory Committee La Pine Comprehensive Plan Technical Advisory Committee Bend Airport Master Plan Update Technical Advisory Committee Wickiup Junction/97 Technical Advisory Committee South Redmond Collaborative Group US 20 in Tumalo Project Technical Advisory Committee Central Oregon Rail Plan study group Commute Options Working Group Deschutes County Bicycle and Pedestrian Advisory Committee D. FY 2011-12 Projects Not Yet Begun Table 4 provides an overview of projects listed in the Planning Division’s FY 2011-2012 work program but not yet initiated due to available resources. -6- Table 4 - FY 2011-12 Planning Projects Not Yet Begun & New Opportunities Project Description Adult Entertainment / Business Amendments Initiate adult entertainment and adult-oriented business code amendment, to create clear and objective standards that are content neutral and do not restrict free expression, to separate such uses from religious and educational uses. Adult entertainment and adult-oriented businesses would exhibit the same high standards of site planning and landscape management zone requirements as all commercial or industrial developments Big Look (HB 2229) Implementation Develop recommendations to implement the Big Look Task Force recommendations as adopted in HB 2229 upon authorization to do so by LCDC. In October, LCDC approved its Policy and Rulemaking Agenda for 2011-2013, including the following item: “HB 2229 Pilot, beginning in the Fall of 2011, to engage one or two (as yet undetermined) counties in a farm and forest land remapping project under the procedures established by HB 2229 (2009 legislation). Staff recommends this project be initiated without associated administrative rules, although it is anticipated later rulemaking may be recommended based on experience gained in the pilot.” Prior to and since LCDC’s approval of this item, County staff have discussed and provided materials to DLCD staff regarding a potential pilot project in Deschutes County. However, as of November, DLCD had not decided on how proceed with implementation of this item. Code Enforcement Text Amendments Initiate a text 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. Destination Resort Study (Phase 2) Initiate Phase 2 of the destination resort study. Phase 1, Perceptions of Destination Resort Impacts in Deschutes County, conducted by the University of Oregon Community Planning Workshop, was completed in Fall 2010. Small Destination Resort Amendments Initiate text amendments to allow small destination resorts, and/or revise destination resort siting criteria. Wildfire Protection Text Amendments Add standards and criteria that require defensible space for wildfire protection Update Goal 5 Inventory of Natural & Cultural Resources Develop a work program to update Goal 5 inventories of natural and cultural resources. However, one element of this work plan may be addressed under the Sage Grouse Coordination efforts discussed above. E. 2011 Accomplishments Table 5 summarizes long range planning projects completed in 2011. Table 5 - Deschutes County 2011 Long Range Planning Accomplishments Project and Timeline Description Recognition Comprehensive Plan Update 2030 (2008-2011) The Board adopted the Plan in November 2011. It now provides the legal framework, through goals and policies, to guide decision making on rural growth and development issues over the next 20 years. The Plan was nominated by DLCD in 2011 for a State of Oregon STAR Award for Citizen Involvement. Deschutes Junction Plan Policies (2010-2011) The BOCC approved four transportation and land use policies for Deschutes Junction in June 2011. The main feature is the County will prepare a master plan for Deschutes Junction at the BOCC’s discretion. The general timeline to initiate the master plan will be determined in the 20-year action plan to implement the new Comprehensive Plan -7- Table 5 - Deschutes County 2011 Long Range Planning Accomplishments Project and Timeline Description Recognition Destination Resort Map Amendments (2009-2011) In 2010, the Board adopted new criteria and procedures for updating its Destination Resort Maps. In November 2011, the Board formally modified its comprehensive plan and overlay zone maps by removing 91,701 ineligible acres; maintaining 17,560 eligible acres carried over from the original 1992 map; maintaining 3,187 acres from the original map based on 908 “grandfather” requests; and adding 3 sites totaling 1,255.17 acres. The updated destination resort map now identifies 22,002.17 eligible acres, reflecting an 80% reduction from the one originally adopted in 1992. That map identified 112,448 acres. Regional Economic Opportunity Analysis (2010-2011) On November 30, the Board adopted a Comprehensive Plan amendment to officially recognize the REOA as a technical study, and a series of policies that establish the legal basis to encourage cities to address this unmet employment land need. The community development objective is to establish a short term supply of 6 large lot industrial sites. Policies also establish a planning framework for creating a regional entity to oversee the program. The project represents an unprecedented approach to Oregon’s land use program as it pertains to addressing an unmet employment land need. COIC is the beneficiary of a DLCD grant and will now be using it to establish a regional authority to promote the large-lot industrial land strategy. Small Wind Energy Amendments (2010-2011) In July 2011, the Board adopted amendments to allow small wind energy systems that are accessory to the primary use of a property to be permitted outright in all zones if the structure generates 0 to 100 kW and is 36 feet or less; or a structure generates 0 to 15 kW and is greater than 36 feet in height. In both cases noise and setback requirements must be met. If those thresholds are exceeded, site plan review is required. Deschutes County is one of the first counties in Oregon to streamline non-commercial small wind energy systems. South County Local Wetland Inventory (2009-2011) In September 2011, the Board adopted the South County Local Wetland Inventory (LWI). The LWI identifies 114 wetlands, half an acre or larger, totaling 3,459 acres. Seventy-one probable wetlands, less than a half-acre are also noted. Unlike the NWI, which has accuracy limitations, mapped wetlands on the LWI have an accuracy of 0.5 meters (16.4 feet). Wetland functions having the highest value in the project area are: aquatic invertebrate habitat; water storage and delay; and, phosphorous retention. The LWI represents the largest study area in Oregon to date (18,937 acres). During its development, Deschutes County received 1,258 access consent forms, for a permission rate of 28%, the highest percentage of any LWI performed to date. The County was one of the first jurisdictions to apply a new wetland assessment, the Oregon Rapid Wetland Assessment Protocol, because it provided more detailed data on wetland functions, values and condition.