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HomeMy WebLinkAbout92-03392-12483 REVIEW D T___� LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGC An Ordinance Amending PL -20, The Deschutes County Year 2000 Plan, to Amend Goals and Policies Regarding Open Space and Declaring an Emergency. ORDINANCE NO. 92-033 0111-00(11 WHEREAS, Deschutes County is engaged in periodic review of its comprehensive plan and zoning ordinance pursuant to ORS Chapter 197; and WHEREAS, the County has been required as part of periodic review to review its landscape management zones; and WHEREAS, public hearings have been held in furtherance of this objective in conformance with state law; now therefore THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. AMENDMENT OF GOALS AND POLICIES. The Goals and Policies of PL -20, The Deschutes County Year 2000 Plan, as amended, pertaining to Open Space are amended to read as set forth in Exhibit A, attached hereto and by this reference incorporated herein. Section 2. FINDINGS. The findings supporting these amendments are set forth in Exhibit C, attached to ordinance 92-034 adopted on this date and by this reference incorporated herein. Section 3. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED thisom day of April, 1992. BOARD OF qJtUNTY COMMISSIONERS OF DE59f16 ES COUNTY, OREGON AT ST : WK 0 ecording Secretary UDL N, PAGE 1 - ORDINANCE NO. 92-033 (4/8/9 sio er EN, Comm ssioner "D� rman EYP HEU +`�� .' is 0111-0002 EXHIBIT A Deletions are shown in [brackets] and additions are shown bold underline. OPEN SPACE, AREAS OF SPECIAL CONCERN, AND ENVIRONMENTAL QUALITY A major factor in the local economy and a basic reason for much of the present population growth are the desirable scenic and natural environmental qualities of the County. Seasonal and many permanent residents, as well as the many tourists, repeatedly explain that their reasons for coming to Deschutes County are the high natural beauty, the numerous and diverse areas of scenic, geologic, archeological and biological significance, and the high quality of the air and water. Also, many of the resource industries, such as timber and agriculture, are also dependent on, as well as contributors to, that same environment. Open spaces include not only parks, but also agricultural, forested, natural areas, mining sites and historical areas, as well as scenic waterways and other locations of unique scenic, environmental, social or cultural character. Often the protection of the scenic views from roads, trails and waterways is as important as the travelways themselves. Segments of [Fall], the Deschutes River, [Little Deschutes and Crooked Rivers] in Deschutes County have been [identified] designated as [potential] a State Scenic Waterway[s]. Segments of the Deschutes River and Sguaw Creek have been designated as Federal Wild, Scenic or Recreational River. Presently, no major air quality problems exist within the County; however, surface inversions, topographic conditions, certain activities (i.e., slash and field burning), wind -carried soils and increasing population can create significant potential for air quality degradation unless properly managed. Some water pollution problems have been identified. The LaPine core area has been shown to have significant problems and septic tanks have failed in the Terrebonne area. The two major urban areas are presently developing sanitary sewer systems and treatment facilities. The Oregon Department of Environmental Quality and Environmental Protection Agency have existing standards and programs affecting air and water quality as well as noise levels. DEQ presently maintains an air and water quality OPEN SPACE/AREAS OF SPECIAL CONCERN/ENVIRONMENTAL QUALITY April 6, 1992 Page 1 0111-0003 sampling program in Deschutes County which is important to knowledge about existing and changing conditions. Private land suitable for open space designation are eligible for special property tax consideration (ORS 308.740-790), because they provide public benefits as regards maintaining scenic environmental quality. Because open spaces, areas of special interest and environmental quality are so important to the local economy, environment and social well being of Deschutes County, the following goals have been chosen. GOALS: 1. To conserve open spaces and areas of historic, natural or scenic resources. 2. To maintain and improve the quality of the air, water and land resources of Deschutes County. However, despite general consensus that the environmental quality and amenities are important to this area's people, as well as to people statewide, there is also concern that regulation and policies to protect that environment could become too restrictive. The following policies have been developed with the intent of reaching the identified goals but in ways that restrict only as is necessary and with consideration of the individuals who may be affected by the needs of the public. POLICIES: [1. Because a major concern is the protection of existing scenic views and environmental quality two related policies are created. The first was originally proposed by several citizen committees and, although modified, has been retained. The second policy was recommended by the Planning Commission and Staff as an appropriate addition.] 1. On lands outside urban growth boundaries and rural service centers along Highway 97, 20 and 126, as well as along Century Drive, South Century Drive, portions of Three Creeks Lake Road, Fall River Road, roads from Highway 97 to Smith Rocks, Pine Mountain Road and [all along other streams and] roadways for which landscape management is prescribed on the 1990 Comprehensive Plan, a case-by-case site plan review [area] shall be [established] required. This area is [not] to extend [more than] 1/4 mile on either side from the centerline of roadways, [nor more than] shall include all areas designated as State and Federal Wild, Scenic or Recreational Waterways and within 660 feet from either side designated of rivers and streams and measured from the [mean] ordinary high water level. OPEN SPACE/AREAS OF SPECIAL CONCERN/ENVIRONMENTAL QUALITY April 6, 1992 Page 2 0111-0004 2. Deschutes County shall include areas outside of the urban growth boundaries and rural service centers and within 1/4 mile of the center line of the following roads in the Landscape Management Zone. a. U.S. Highway 197 North County Line to Redmond UGB Redmond UGB to Bend UGB Bend UGB to South County Line b. U.S. Highway 120-126 North County Line to Sisters UGB C. U.S. Highway 1126 Sisters UGB to Redmond UGB d. U.S. Highway 120 Sisters UGB to Bend UGB e. Smith Rock Road Highway #97 to Smith Rock f. Sisemore Road From Cloverdale to Bend UGB Q. Skyliners Road h. Century Drive Bend to Mt. Bachelor i. South Century Drive i. Cascade Lakes Hiqhwav k. Waldo Lake Road 1. Cultus Lake Road X. Little Cultus Lake Road n. Twin Lakes Road o. Keefer Road (East Crane Prairie Rd) R- East Deschutes Road g. Deschutes Road r. Wickiup Road S. Pringle Falls Looe t. LaPine Recreation Area Access Rd. U. Paulin -East Lake Road V. Lava Cast Forest Road �p5 V. Highway #20 East to �Geuat� L1�� X. Pine Mountain Road y. Ford Road Z. Three Creek Lakes Road aa. Three Trapvers Road bb. Dillon Falls Road cc. Matsen Road dd. State Highway 131 ee. Road to Benham Falls ff. State Highway 242 Mckenzie Hiqhwav If -5-r- 3. r-- 3. Within the [prescribed area] Landscape Management Zone, new structures or additions to existing structures (excluding fences, [existing structures], or [other] structures less than $1,000.00 in total value) shall be subject to landscape management site plan review by the County [at the time of application for] prior to issuance OPEN SPACE/AREAS OF SPECIAL CONCERN/ENVIRONMENTAL QUALITY April 6, 1992 Page 3 0111-0005 of a structure [a building or zoning permit]. 4. [Acceptance] Approval of any such development [plan] in the Landscape Management Zone will be dependent on site screening by existing natural cover and/or compatibility with [scenic vistas] the landscape as seen from the river stream or road. 5. Outdoor advertising signs should be informational only and oversized displays discouraged. 6. The primary purpose of [this] the landscape management site plan review shall be to obtain a structure as compatible with the site and existing scenic vistas as is possible, rather than to establish arbitrary standards for appearance or to otherwise restrict construction of appropriate structures. [A study will be conducted within one year of this plan's acknowledgement which will result in recommendations to the County as regards the permanent size and standards for landscape management areas. this study shall also address the legal issues raised by the Fifth Amendment to the U.S. Constitution, which states, "No person shall be deprived of life, liberty or property, without just compensation". Recommendation for appropriate mechanisms to help compensate landowners severely restricted in the use of their land by the establishment of landscape management rules shall also be included in the report. A citizen's committee to help review areas and standards shall also be a part of this process.] 7.[b] [Deschutes County shall modify its existing rimrock setback ordinance to assure that visual impacts of structures viewed from the rivers or streams are minimized. (Amended by Ordinance 86-020)]. Rimrocks. alonct streams shall receive_ special review to assure that visual impacts of structures viewed from rivers or streams are minimized. A 50 foot setback shall be required from rimrocks on all newly created lots. Existing lots may receive exceptions to rimrock setbacks subject to conformance with criteria which individually review the structure, location and consider impacts in a manner which minimize the visual impact of the structure when viewed from the river or stream. 8.[3] Public ownership of scenic, open space and historic areas should be maintained and increased where feasible, and a variety of open space and recreational sites should be maintained to protect the existing OPEN SPACE/AREAS OF SPECIAL CONCERN/ENVIRONMENTAL QUALITY April 6, 1992 Page 4 0111. 0006 natural diversity and to serve the varying needs of both tourists and residents. The natural capabilities of each site should determine its level of use. 9.[4] The concepts of developmental rights transfer, tax credits and conservation easements as ways to protect open space should be studied and encouraged at both local and State levels. 10.[5] As part of subdivision or other development review the County shall consider the impact of the proposal on the air, water, scenic and natural resources of the County. Specific criteria for such review should be developed. Compatibility of the development with those resources shall be required as deemed appropriate at the time given the importance of those resources to the County while considering the public need for the proposed development. 11.[6] Because management of State and Federal lands affects areas under the County's jurisdiction and vice versa, better coordination of land use planning between the County, U.S. Forest Service, State Land Board, Bureau of Lands Management and other agencies shall be sought. 12.[7] Zoning should be established to protect areas of special interest such as eagle nests, endangered species areas or points of geologic interest. [A reference book on such areas specifying items to be protected and possible mitigating measures shall be prepared by the Planning staff.] 13.[8] Because of their slow growth and usefulness as a visual and noise buffer and their relationship to air quality, tree removal for utility lines, sewers, roads and other construction shall be minimized by planning for the continued maintenance of the streets in the development. All development proposals will be reviewed for this factor by the County Planning staff before approval of the applicant's development. 14.[9] Although DEQ has existing environmental standards with which the County shall coordinate, in instances where such standards are inadequate or non -applicable because of local conditions, the County may establish more stringent regulations. Noise regulations are an example of such a program. OPEN SPACE/AREAS OF SPECIAL CONCERN/ENVIRONMENTAL QUALITY April 6, 1992 Page 5