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(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of 3116/15
DATE: February 27, 2015
FROM: Will Groves CDD (541) 388-6518
TITLE OF AGENDA ITEM:
Deliberation on a modification of conditions application (247-14-000401-MC) to change the wildlife
management plan approved for the subject property under County File Nos. CU-00-65 and MA-01-9.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
On December 18, 2014 staff issued an administrative approval of a modification (247-14-00040 I-MC)
to an existing conditional use decision (CU-00-65/ MA-01-9) that allowed the siting of a farm-related
dwelling more than 300 feet from a public or private road in the Wildlife Area Combining Zone (WA).
The administrative approval wholly removed the Wildlife Management Plan (WMP) required under the
previous decision and replaced it with six conditions of approval designed to protect and enhance deer
habitat on the property.
By Order 2014-046, dated December 29,2014, the Board initiated review of this application under
DCC 22.28.050 through a de novo hearing.
On December 30, 2014, Central Oregon Landwatch filed a timely appeal of this application. The notice
of appeal identified six objections to the administrative decision. The Board conducted a de novo
public hearing on February 2,2015. The written record closed on February 7, 2015. Staffhas
developed a decision matrix to help the Board engage with the key decision points in this matter.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Conduct deliberation and give direction to Staff.
ATTENDANCE: Will Groves, Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Will Groves, Legal, Parties to 247-14-000401-MC.
Community Development Department
Planning Division Building Safety Division Envtronmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: February 27,2014
TO: Board of County Commissioners
FROM: Will Groves, Senior Planner
RE: Deliberation on a modification of conditions application (247-14-000401-MC) to
change the wildlife management plan approved for the subject property under
County File Nos. CU-00-65 and MA-01-9.
Background
On December 18, 2014 staff issued an administrative approval of a modification (247-14
000401-MC) to an existing conditional use decision (CU-00-65/ MA-01-9) that allowed the siting
of a farm-related dwelling more than 300 feet from a public or private road in the Wildlife Area
Combining Zone (WA). The administrative approval wholly removed the Wildlife Management
Plan (WMP) required under the previous decision and replaced it with six conditions of approval
designed to protect and enhance deer habitat on the property.
By Order 2014-046, dated December 29, 2014, the Board initiated review of this application
under DCC 22.28.050 through a de novo hearing.
On December 30, 2014, Central Oregon Landwatch filed a timely appeal of this application.
The notice of appeal identified six objections to the administrative decision. The Board
conducted a de novo public hearing on February 2, 2015. The written record closed on
February 7,2015. Staff has developed a decision matrix to help the Board engage with the key
decision points in this matter.
Key Issues:
Is the applicant required to comply with or document past compliance with the 2001
Wildlife Management Plan?
Staff: No, the modified WMP is all that is required to meet DCC 18.88.060 (B){1). The
modified Wildlife Management Plan (WMP) wholly replaces the 2001 WMP.
Quality Services Performed with Pride
Applicant1 : The applicants have attempted to follow the existing, ambiguous, WMP.
However, the modified WMP would wholly replace the 2001 WMP.
Appellant: The applicant did not comply with the prior WMP and the extent of
compliance, if any, is undocumented. The new WMP discards several important wildlife
habitat protections included in the 2001 WMP.
Staff Recommendation: Adopt the staff's findings on this issue.
Does the modification meet the 22.36.040(B} requirement that there has been a "change
of circumstances"?
Staff: A new WMP was cooperatively developed by ODFW and the applicant's biologist.
The availability of a new WMP for the property, containing current best habitat mitigation
practices and significantly improved clarity of required owner actions represents a
change of circumstances. The change in ownership, in itself, is not a change of
circumstances.
Applicant: The change in ownership of the property, coupled with a need to clarify the
poorly written and ambiguous 2001 WMP constitute a change of circumstances.
Appellant: The poorly written 2001 WMP and new ownership of the property of the
property do not constitute a change of circumstances.
Staff Recommendation: Modify staff's findings on this issue to identify the availability
of a new WMP for the property, containing current best habitat mitigation practices and
Significantly improved clarity of required owner actions represents a change of
circumstances. The change in ownership, in itself, is not a change of circumstances.
Is an additional condition required to minimize livestock/wildlife forage competition?
Staff: Under the current staff decision, livestock could eat all of the new forage provided
by the habitat mitigation, completely offsetting any wildlife advantage of that mitigation.
An additional condition is needed.
Applicant: The applicant proposed a condition of approval to address the forage
competition.
Appellant: Forage competition would offset mitigation measures.
Staff Recommendation: Modify staff's findings to revise the final paragraph of the
decision to identify forage competition as a relevant concern and impose the following
condition: Cattle grazing on the plateau area above the rim rock, including juniper
thinning areas, shall be limited to 4 weeks per year and shall only occur between June 1
1 "Applicant" and "Appellant" summaries are Staffs effort to summarize the respective party's position.
These are generally not direct quotes.
247-14-000401-MC Page 2 of4
and August 31, to minimize forage competition with deer. Livestock shall be excluded
from juniper thinning areas except as specifically allowed in this condition of approval.
Location of juniper thinning area.
Staff: The staff decision required the applicant to provide a map identifying Juniper
thinning areas within 30 days of final approval. The staff decision also required the
applicant to verify the thinning areas with ODFW prior to thinning.
Applicant: The applicant provided a map of completed and future thinning areas on an
air photo.
Appellant: Concerned mapped thinning areas would not be binding.
Staff Recommendation: Recognize applicant's "Google Earth" map presented at the
hearing as the map required under condition 4(a) of the staff decision.
Monitoring of the Habitat Mitigation:
Staff: The staff decision requires the applicant to schedule a monitoring visit in year 1
and 3.
Applicant: Supports staff approach.
Appellant: Concerned that the conditions of 2001 WMP were not completed and that
the modified WMP conditions will likely not be followed. Also concerned that that this
decision creates an unfunded mandate to monitor the conditions of this decision for both
ODFW and the County.
Staff Recommendation: Adopt the staff's findings and conditions of approval on this
issue.
Ensuring success of the habitat mitigation.
Staff: Staff decision requires the applicant to schedule a monitoring visit in year 1 and
3. Reseeding can be required in year 3 if the initial seeding does not take.
Applicant: Supports staff approach.
Appellant: Concerned that two seedings may be insufficient to ensure establishment of
the mitigation vegetation.
Staff Recommendation: Adopt the staff's findings and conditions of approval on this
issue.
Attachments
247-14-000401-MC Page 30f4
1. Administrative approval of 274-14-00040 1-MC
2. Arguments submitted by parties during the post hearing process.
3. Decision matrix.
247-14-000401-MC Page4of4
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: February 27, 2014
TO: Board of County Commissioners
FROM: Will Groves, Senior Planner
RE: Deliberation on a modification of conditions application (247-14-000401-MC) to
change the wildlife management plan approved for the subject property under
County File Nos. CU-00-65 and MA-01-9.
Background
On December 18, 2014 staff issued an administrative approval of a modification (247-14
000401-MC) to an existing conditional use decision (CU-00-65/ MA-01-9) that allowed the siting
of a farm-related dwelling more than 300 feet from a public or private road in the Wildlife Area
Combining Zone (WA). The administrative approval wholly removed the Wildlife Management
Plan (WMP) required under the previous decision and replaced it with six conditions of approval
designed to protect and enhance deer habitat on the property.
By Order 2014-046, dated December 29, 2014, the Board initiated review of this application
under DCC 22.28.050 through a de novo hearing.
On December 30, 2014, Central Oregon Landwatch filed a timely appeal of this application.
The notice of appeal identified six objections to the administrative decision. The Board
conducted a de novo public hearing on February 2, 2015. The written record closed on
February 7,2015. Staff has developed a decision matrix to help the Board engage with the key
decision points in this matter.
Key Issues:
Is the applicant required to comply with or document past compliance with the 2001
Wildlife Management Plan?
Staff: No, the modified WMP is all that is required to meet DCC 18.88.060 (B)(1). The
modified Wildlife Management Plan (WMP) wholly replaces the 2001 WMP.
Quality Services Performed with Pride
Applicant1 : The applicants have attempted to follow the existing, ambiguous, WMP.
However, the modified WMP would wholly replace the 2001 WMP.
Appellant: The applicant did not comply with the prior WMP and the extent of
compliance, if any, is undocumented. The new WMP discards several important wildlife
habitat protections included in the 2001 WMP.
Staff Recommendation: Adopt the staffs findings on this issue.
Does the modification meet the 22.36.040(8) requirement that there has been a "change
of circumstances"?
Staff: A new WMP was cooperatively developed by ODFW and the applicant's biologist.
The availability of a new WMP for the property, containing current best habitat mitigation
practices and significantly improved clarity of required owner actions represents a
change of circumstances. The change in ownership, in itself, is not a change of
circumstances.
Applicant: The change in ownership of the property, coupled with a need to clarify the
poorly written and ambiguous 2001 WMP constitute a change of circumstances.
Appellant: The poorly written 2001 WMP and new ownership of the property of the
property do not constitute a change of circumstances.
Staff Recommendation: Modify staff's findings on this issue to identify the availability
of a new WMP for the property, containing current best habitat mitigation practices and
significantly improved clarity of required owner actions represents a change of
circumstances. The change in ownership, in itself, is not a change of circumstances.
Is an additional condition required to minimize livestock/wildlife forage competition?
Staff: Under the current staff decision, livestock could eat all of the new forage provided
by the habitat mitigation, completely offsetting any wildlife advantage of that mitigation.
An additional condition is needed.
Applicant: The applicant proposed a condition of approval to address the forage
com petition.
Appellant: Forage competition would offset mitigation measures.
Staff Recommendation: Modify staffs findings to revise the final paragraph of the
decision to identify forage competition as a relevant concern and impose the following
condition: Cattle grazing on the plateau area above the rim rock, including juniper
thinning areas, shall be limited to 4 weeks per year and shall only occur between June 1
and August 31, to minimize forage competition with deer. Livestock shall be excluded
from juniper thinning areas except as specifically allowed in this condition of approval.
1 "Applicant" and "Appellant" summaries are Staffs effort to summarize the respective party's position.
These are generally not direct quotes.
247-14-000401-MC Page 2 of4
Location of juniper thinning area.
Staff: The staff decision required the applicant to provide a map identifying Juniper
thinning areas within 30 days of final approval. The staff decision also required the
applicant to verify the thinning areas with ODFW prior to thinning.
Applicant: The applicant provided a map of completed and future thinning areas on an
air photo.
Appellant: Concerned mapped thinning areas would not be binding.
Staff Recommendation: Recognize applicant's "Google Earth" map presented at the
hearing as the map required under condition 4(a) of the staff decision.
Monitoring of the Habitat Mitigation:
Staff: The staff decision requires the applicant to schedule a monitoring visit in year 1
and 3.
Applicant: Supports staff approach.
Appellant: Concerned that the conditions of 2001 WMP were not completed and that
the modified WMP conditions will likely not be followed. Also concerned that that this
decision creates an unfunded mandate to monitor the conditions of this decision for both
ODFW and the County.
Staff Recommendation: Adopt the staff's findings and conditions of approval on this
issue.
Ensuring success of the habitat mitigation.
Staff: Staff decision requires the applicant to schedule a monitoring visit in year 1 and
3. Reseeding can be required in year 3 if the initial seeding does not take.
Applicant: Supports staff approach.
Appellant: Concerned that two seedings may be insufficient to ensure establishment of
the mitigation vegetation.
Staff Recommendation: Adopt the staff's findings and conditions of approval on this
issue.
Attachments
1. Administrative approval of 274-14-000401-MC
2. Arguments submitted by parties during the post hearing process.
3. Decision matrix.
247-14-000401-MC Page 3 of4