HomeMy WebLinkAboutShepherd Appeal DocumentsDeschutes 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 2/2/15
Please see directions for completing this document on the next page.
DATE: January 15,2015
FROM: Will Groves Community Development Department 388-6518
TITLE OF AGENDA ITEM:
A de novo public hearing 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? Yes
BACKGROUND AND POLICY IMPLICATIONS:
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-O 1-9) that allowed the siting of a fann
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.
A Wildlife Management Plan (WMP) is required because the dwelling was not located near a pre
existing road or driveway in the Metolious Winter Deer Range [see DCC 18.88.060 (B)(I)].
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 ofthis application. The
notice of appeal identifies six objections to the administrative decision.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board open the public hearing and receive testimony.
ATTENDANCE: Will Groves
DISTRIBUTION OF DOCUMENTS:
CDD, Legal
MEMORANDUM
TO: Deschutes Board of County Commissioners
FROM: Will Groves, Senior Planner
DATE: January 15, 2015
RE: A de novo public hearing 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.
Summary
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.
A Wildlife Management Plan (WMP) is required because the dwelling was not located near a pre-
existing road or driveway in the Metolius Winter Deer Range [see DCC 18.88.060 (B)(1)].
18.88.060. Siting Standards.
B. The footprint, including decks and porches, for new dwellings shall be located
entirely within 300 feet of public roads, private roads or recorded easements
for vehicular access existing as of August 5, 1992 unless it can be found that:
1. Habitat values (i.e., browse, forage, cover, access to water) and
migration corridors are afforded equal or greater protection through a
different development pattern; or,
…
3. The dwelling is set back no more than 50 feet from the edge of a
driveway that existed as of August 5, 1992.
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 identifies six objections to the administrative decision. Please see the attached
notice of appeal for a list of those objections.
File No.: PA-14-2 and ZC-14-2 Page 2 of 2
Scheduling
This hearing is scheduled for the Board’s morning meeting on February 2, 2015.
Thank you for your consideration of this matter.
ATTACHMENTS:
1. Administrative approval of 274-14-000401-MC
2. Central Oregon Landwatch appeal 247-14000454-A