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HomeMy WebLinkAbout92-04092-26469 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES [REVIEWED LEC"A COUNSEL OREGON An Ordinance Amending PL -20, The Deschutes County Year 2000 Plan, to Adopt Text and Goals and Policies Concerning Fish and Wildlife and Declaring an Emergency. -.,7 ORDINANCE NO. 92-040 WHEREAS, Deschutes County has an acknowledged Comprehensive Plan; and WHEREAS, pursuant to the requirements of the Oregon Department of Land Conservation and Development (LCDC) the County has been required to review and update its County Comprehensive Land Use Plan and implementing ordinances, including for fish and wildlife resources, to assure continuing compliance with Statewide Land Use Planning Goals; and WHEREAS, it is necessary to amend certain portions of Ordinance No. PL -20, the Deschutes County Year 2000 Plan in order to complete periodic review; and WHEREAS, public hearings have been held in furtherance of this objective in conformance with state law before the Deschutes County Planning Commission and the Board of County Commissioners for Deschutes County; and WHEREAS, the Board of County Commissioners has considered the recommendations of the Planning Commission and the public; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS AS FOLLOWS: Section 1. ADOPTION OF AMENDMENTS TO GOALS AND POLICIES. Ordinance No. PL -20, the Deschutes County Year 2000 Comprehensive Plan, as amended (Plan), is further amended to change the Fish and Wildlife discussion and Goals and Policies, found on pages 134 through 136 therein, to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein. Section 2. FINDINGS. The Board of County Commissioners adopts as its findings and conclusions in support of these amendments the text of the amended language and the findings set forth as Exhibit "B" to ordinance and by this reference incorporated herein. 1 - ORDINANCE NO 92-040 (8/5/92) 0 01.19-0275 Section 3. SEVERABILITY. The provisions of this ordinance are severable. If any section, sentence, clause, or phrase of this ordinance or any exhibit thereto is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance or any exhibit thereto. Section 4. 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 this � day of August, 19,92. BOARD OF COUNTY COMMISSIONERS OF DES TES COUNTY, OREGON T' THHUUP[, 'ommis ione� o� TEST: CY OPLANG N, Commi stoner or Recording Secretary D K MAUDLIN-, Chifirman 2 - ORDINANCE NO 92-040 (8/5/92) EXHIBIT "A" 9119-0276 Note: The deleted wording is in brackets [ ]; new wording is underlined and bold. COUNTY YEAR 2000 COMPREHENSIVE PLAN FISH & WILDLIFE The protection of fish and wildlife resources has been a on-going controversy in Deschutes County. Both those committed to the protection of the resources and those who wish to subdivide or otherwise develop in sensitive wildlife areas have often pressed their positions, sometimes resulting in court action to resolve the conflict. It is [generally] recognized that failure to protect fish and wildlife resources will result in loss of habitat and [declining] loss of endangered species, declining tourist expenditures, loss of recreational opportunities and loss of quality of life. Already, Deschutes County has witnessed the serious degrading of the cold water fishery by irrigation withdrawals, loss of sensitive deer winter range lands to development and the disturbance of deer migration corridors due to residential and recreational construction. Testimony by representatives of the Oregon Department of Fish and Wildlife indicates that their studies have shown that there is significant deer migration from the Deschutes National Forest west of the Deschutes River to wintering ranges east of the river identified as the North Paulina, Devil's Garden and Hole in the Ground Ranges. They further expressed a belief, based on their training and experience, that rural housing at a density of more than one residence per 40 acres can seriously threaten deer winter survival, and that rural residents often own[ed] dogs which, especially in packs allowed to run at 1 e, [were] are a threat to all wildlife. One type of area of particular concern is the riparian area or wetlands along streams and lakes. These areas not only serve as essential habitat for many species and as migration corridors for big game, but are particularly in need of protection because of their limited nature. Not only do the wetter, more forested areas of the County provide wildlife habitat, but the dry high plains in the eastern portion of the County have large populations of sage grouse and antelope. These wildlife species are highly dependent on the open [unrestricted] relatively undeveloped character of this area for their survival. Throughout committee discussions and public testimony, the public expressed concern that local fish and wildlife resources be protected. As part of the County periodic ORDINANCE 92-040 - Exhibit "A" Page 1 9119-0277 been reviewed by the public, the Oregon Department of Fish and Wildlife, the Planning Commission and the Board of Countv Commissioners. During periodic review the county also updated the fish and wildlife inventories and completed Economic, Social. Environmental and Energy analysis of conflicting uses and developed programs to protect the significant Goal 5 wildlife resources. [To set reasonable objectives the following goals were determined:] To protect important fish and wildlife resources the following goals and policies are established: GOALS: 1. To conserve and protect existing fish and wildlife areas. 2. To maintain all species at optimum levels to prevent serious depletion of indigenous species. 3. To develop and manage the lands and waters of this County in a manner that will enhance, where possible, the production and public enjoyment of wildlife. 4. To develop and maintain public access to lands and waters and the wildlife resources thereon. 5. To maintain wildlife diversity and habitats that support the wildlife diversity in the county. POLICIES: 1. [Certainly one of the more controversial issues in the County has been the deer winter ranges.] In light of the need to protect [these sensitive areas] deer winter ranc;e and to be consistent with plan policies restricting rural sprawl, the Metolius, North Paulina,[and] Tumalo and Grizzlv deer winter ranges shall be protected by special zones. The winter ranges shall be as designated on the [Fish and Wildlife Resource Maps] Big Game Habitat - Wildlife Area Combining Zone May contained in this plan's resource element. Within the winter ranges the minimum lot size shall be 40 acres [.]f except that in the Rural Residential Zone and the Multiple Use Agricultural Zone planned or cluster developments are required for new land divisions. [Planned developments (including cluster developments) may be permitted on parcels 160 acres or larger in size. However,] In planned and cluster developments man's activities must be limited to 20 per cent of the development's lands with 80 percent left as open space. The density of planned and cluster developments [In the case of planned developments the density] shall be determined by the underlying zone. ORDINANCE 92-040 - Exhibit "A" Page 2 2. (In the three deer ranges and along deer migratory routes all dog shall be leashed or kenneled, and a County leash law shall be established which provides for effective enforcement by requiring fines sufficient to support administration.] The county shall enforce an animal control ordinance which Drohibits dogs to be at large or not under the complete control of a capable person. 3. [While the new 10 acre rural minimum lot size will do much to protect the deer migration corridors, in instances where identified deer migration corridors are found to be largely unimpeded by development, the minimum lot size shall be 20 acres.] In the Bend[LaPine deer migration corridor identified in the comDrehensive plan resource element, new land divisions, where the underlying zone is Rural Residential - 10, shall be cluster developments. 4. Because public access to fish and wildlife areas is so important to the economic and livability aspects of Deschutes County, walking easements and periodic boat access points shall be provided in areas where public river access is limited, as determined appropriate by the County and State Department of Fish and Wildlife. 5. Consistent with Policy 4 and in order to protect the sensitive riparian areas, as well as to protect people and property from flood damage, the zoning ordinance shall prohibit development (except floating docks) within 100 feet of the mean high water mark of a perennial or intermittent stream or lake. Exceptions may be permitted on lots created prior to November 1. 1979 where adherence to the 100 foot setback would cause a hardship. (Variances shall also be possible where it is shown that the structure is removed from the riparian area because of a high bluff or steep slope.] (Amended by Ordinance No. 80-203). 6. In addition to State and Federal laws, County ordinances shall require all identified nesting sites for eagles, ospreys, prairie falcons or other species listed on the [official] Oregon State or Federal threatened or endangered species list shall be protected. 7. Sensitive bird habitat sites (bald eagle, golden eagle. osprey, great grey owl, prairie falcon nests, great blue heron rookeries, and sage grouse leks) and mammal habitat sites (Townsend's big -eared bat hibernating and nesting caves) identified in the Resource Element of this plan shall be protected by a Sensitive Bird and Mammal Overlay Zone. A protection program acceptable to the Oregon Department of Fish and Wildlife for the nests or sites shall be submitted by the applicant for a ORDINANCE 92-040 - Exhibit "A" Page 3 QI 19-0279 development or land use permit and used implemented during and after construction of the development. 8. (Because the antelope and sage grouse populations require large amounts of open space, the minimum parcel size east of Horse Ridge (exclusive of the Brothers, Hampton and Millican townsites) shall be 320 acres. This policy shall be reviewed for its effectiveness every two years.] The antelope range and antelope winter range identified on the Big Game Habitat - Wildlife Area Combining Zone Map included in the Resource Element of this plan shall be protected by a wildlife area combining zone. The minimum lot size for new parcels shall be 320 acres. The Rural Service Centers of Brothers, Hampton and Milligan shall be exempt from the provisions of the Wildlife Area Combining Zone. 9. The areas containing land identified as significant elk habitat on the Big Game Habitat Map - Wildlife Area Combining Zone Map included in the Resource Element of this plan shall be protected by a wildlife area combining zone. The minimum lot size for new parcels shall be 160 acres in the combining zone. 10. The county shall notify the Oregon Department of Fish and Wildlife of all land use applications for lands located in the WA Combining Zone or the Sensitive Bird and Mammal Overlay Zone. 11. The countv shall work with ODFW and the Deschutes Basin Resource Committee to review existing protection of riparian and wetland area vegetation and recommend comprehensive plan and ordinance amendments, if necessary. by December 31, 1993. 12. When site specific information is available to the Countv on the location. Quality and auantity of threatened and endangered fish and wildlife species listed by State or Federal wildlife agencies and the Oregon Department of Fish and Wildlife develops protection criteria for the species, the county shall proceed with a Goal 5 ESEE analysis in compliance with OAR 660 Div.16. 13. The county shall review the La Pine and Bull Flat elk habitat areas and the Metolius deer migration corridor designated as "1B" Goal 5 resources during the next periodic review or as additional information on the location. quality and quantity of the habitat areas becomes available. 14. The county shall maintain an inventory of county -owned property in the Bend/LaPine deer migration corridor. Prior to sale or exchange of county owned property in the corridor, the county shall consult the Oregon ORDINANCE 92-040 - Exhibit "A" Page 4 .9-0280 Department of Fish and Wildlife to determine the value of the land for deer migration and make reasonable efforts to consolidate properties to maintain habitat characteristics important to preserving the migration corridor. 15. The county shall work with ODFW to identify specific areas where the county and ODFW shall encourage public retention and acquisition of land or seek conservation easements for the protection of the deer migration corridor. 16. The county shall retain and -encourage public ownership of significant fish and wildlife habitat and riparian areas. 17. County -owned land shall be managed to protect and enhance fish and wildlife habitat except where a conflicting public use outweighs the loss of habitat. 18. The county shall notify the Oregon Division of State Lands and the Oregon Department of Fish and Wildlife of AM development applications for land within a wetland identified on the National Wetlands Inventory maps. 19. An application for a destination resort, or any portion thereof, in a wildlife area combining zone shall not be accepted pending completion of the County's Goal 8 destination resort mapping process. The County shall complete the Goal 8 destination resort mapping process by December 31, 1992. [Additional policies affecting fish and wildlife may be found in the Rural Development Chapter.] ORDINANCE 92-040 - Exhibit "A" Page 5 01-19--0281 EXHIBIT "B" FINDINGS OF BOARD OF COUNTY COMMISSIONERS SUPPORTING ADOPTION OF RESOURCE ELEMENT OF THE COMPREHENSIVE PLAN, AMENDMENTS TO TITLE 18.88 OF THE DESCHUTES COUNTY CODE. Purpose 1. The purpose of these findings is to support the adoption by the Board of County Commissioners (Board) of: 1) a new Fish and Wildlife Chapter to the Resource Element of the Deschutes County Year 2000 Comprehensive Plan including the inventory, conflicts analysis and the analysis of the economic, social, environmental and energy (ESEE) consequences of protecting or not protecting County fish and wildlife resources; 2) amendments to the Goals and Policies in the Fish and Wildlife Chapter of the Deschutes County Year 2000 Comprehensive Plan; 3) amendments to Title 18.88 Wildlife Area Combining Zone of the Deschutes County Code; 4) Title 18.90 Sensitive Bird and Mammal Combining Zone; 5) the National Wetland Inventory Maps for the Wildlife Area Combining Zone and the Sensitive Bird and Mammal Combining Zone. 2. The wildlife inventory, and ESEEs are required to comply with Statewide Planning Goal 5 and its implementing administrative rule OAR 660-16-000. The adoption of the inventories and amendments to the Comprehensive Plan and Title 18 have been conducted pursuant to the periodic review of the County's comprehensive plan and implementing ordinances required by ORS Chapter 197 and OAR 660-19-000. Procedural Backaround 3. On November 1, 1979, the Board of County Commissioners adopted its County Comprehensive Plan, including goals and policies for protection of fish and wildlife resources. The Fish and Wildlife chapter of the Resource Element of the Comprehensive Plan contains inventories and discussion of fish and wildlife resources in the county. On November 1, 1979, the Board adopted PL -15 which containing the provisions for the Wildlife Area Combining Zone. 4. On June 30, 1986, the Board adopted the Deschutes County/City of Bend River Study as an amendment to the Deschutes County Year 2000 Comprehensive Plan. The River Study contains inventories of fish and wildlife resources and ESEEs analyzing the uses conflicting with the fish and wildlife resources in the Deschutes River corridor and its tributaries. On the same date, the Board adopted amendments to the Comprehensive Plan regarding fish and wildlife resources in the river corridor and implementing ordinances to implement programs to protect the river corridor and its fish and wildlife resources. 1 - EXHIBIT "B" FOR ORDINANCE NO. 92-040 (8/5/92) 0110-0282 5. The County submitted a draft periodic review order to the Department of Land Conservation and Development (DLCD) in 1989. The draft periodic review order contained fish and wildlife inventories and ESEEs. On August 27, 1990, DLCD submitted comments to the County on the draft periodic review order. The comments identified deficiencies in the ESEE analysis, conclusions and program to implement Goal 5, and also, identified criteria in the Wildlife Area Combining Zone that were not clear and objective as required by OAR 660-16-010(3). 6. The Deschutes County Planning Commission conducted two public hearings on March 11 and April 22, 1992, to take testimony on the draft fish and wildlife element of the Comprehensive Plan and draft amendments to Title 18 and the Deschutes County Zoning map for the Wildlife Area Combining Zone and Sensitive Bird and Mammal Combining Zone. The Planning Commission conducted work sessions on the Goal 5 wildlife amendments on February 12 and March 25, 1992. On May 13, 1992, the Planning Commission recommended approval of the proposed fish and wildlife changes to the Deschutes County Year 2000 Comprehensive Plan and Title 18 to the Board of County Commissioners. 7. The Board of County Commissioners held a public hearing on May 26, 1992, to consider testimony on the recommendation of the Planning Commission on the proposed amendments to the Comprehensive Plan and Title 18. Compliance with Goal 5. 8. Goal 5 is met through (a) the adoption of Goals and Policies in Ordinance 92-040 reflecting Goal 5 requirements; (b) the adoption of Ordinance 92-041, which pursuant to the Goal 5 rule amends the comprehensive plan to inventory each Goal 5 resource, analyze conflicting uses, and analyze the ESEE consequences of protecting or not protecting inventoried fish and wildlife resources, (c) the adoption of zoning ordinance provisions in Ordinance 92-042, as applied to inventoried sites by the map adopted by Ordinance 92-046, which together constitute the County's program to meet the Goal, and (d) the adoption of specific timelines in Ordinance 92-040 for revisiting resource sites inventoried as so-called "1B" sites under the Goal 5 rule. 9. To comply with the requirements of Goal 5 and OAR 660-16-000, the County worked with the Oregon Department of Fish and Wildlife to obtain the most recent inventory information on fish and wildlife resources in the county and to identify uses conflicting with the fish and wildlife resources. This inventory information was used to update the inventories in the draft periodic review order and amend the draft ESEE 2 - EXHIBIT "B" FOR ORDINANCE NO. 92-040 (8/5/92) 0119-0283 analyses. In addition, ODFW provided information to support zoning ordinance provisions to resolve conflicts between fish and wildlife resource protection and development. 10. The Board finds that the Goal 5 analysis contained in Ordinance 92-041 for each resource is sufficient to meet the Goal 5 requirements without requiring additional findings here. Compliance with Other Goals 11. GOAL 1 - CITIZEN INVOLVEMENT. The Board finds that Goal 1 is complied with by the notice given and public hearings, as detailed in the findings set forth herein, held both before the Commission and before the Board during this Goal 5 process and by the provisions for citizen participation under the County's Development Procedures Ordinance, codified at Title 22 of the Deschutes County Code. 12. GOAL 2 - LAND USE PLANNING. The purpose of Statewide Planning Goal 2 is the establish a land use planning process and to assure an adequate factual base for land use decision-making. The goal is satisfied in this case by: (a) the adoption of an inventory of fish and wildlife resources as part of the County's comprehensive plan; (b) the conflicts and ESEE analysis for each resource; (c) the existence of a zoning ordinance that, as amended, will implement the ESEE decisions through clear and objective standards; (d) by the adoption of maps showing wildlife areas; and (e) by the extensive factual record generated by the inventory and ESEE process and the site specific treatment of each site. 13. GOAL 3 -AGRICULTURAL LANDS. This ordinance does not conflict with Goal 3. It does not promote new non-farm uses on farm lands. Where there have been conflicts identified with farm uses, such as with the fencing standards found in Chapter 18.88 or the siting standards of Chapter 18.88, those conflicts have been recognized and accommodated. It does not preclude continuation of any existing farming practices. Consequently, adoption of the County's historic resources package does not conflict with Goal 3. 14. GOAL 4 - FOREST LANDS. The Goal 4 analysis with respect to forest lands is the same as that set forth under Goal 3 with respect to farm lands. 15. GOAL 6 - AIR, LAND, AND WATER RESOURCES. Preservation of inventoried fish and wildlife resources does not conflict with Goal 6, since protection of such resources does not promote additional development. 3 - EXHIBIT "B" FOR ORDINANCE NO. 92-040 (8/5/92) 0119' 0284 16. GOAL 7 - AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS. Not applicable. 17. GOAL 8 - RECREATION NEEDS. Providing for recreational needs is important to the Deschutes County economy. Enjoyment of fish and wildlife resources is an integral part of outdoor recreational experiences. With respect to destination resorts, the Board finds that the decision on the siting of destination resorts in the Wildlife Area Combining Zone should be delayed and be considered at the time the Board completes the Goal 8 destination resort mapping for irrigated agricultural lands. Goal 8 prohibits siting of destination resorts in areas identified as "especially sensitive big game habitat". The County has inventoried and mapped significant big game habitat as a Goal 5 resource; and to specifically limit conflicting uses on this identified habitat. Under this package, such inventoried lands are zoned with the Wildlife Area Combining Zone (Title 18.88). The County inventoried big game habitat is more extensive than the area identified as "especially sensitive big game habitat". Until the Board reconciles the difference between the Goal 8 "especially sensitive big game habitat" and the Goal 5 inventoried significant big game habitat, no applications will be accepted for any part of a destination resort in the Wildlife Area Combining Zone. The Goal 8 requirement precluding siting of destination resorts in the especially sensitive big game habitat is met by this interim bar to applications in all the County's wildlife areas. 18. GOAL 9 - ECONOMY OF THE STATE. Preservation of fish and wildlife resources contributes to Oregon's increasingly important tourism industry. The Board finds that the restrictions set forth in the wildlife provisions in the zoning ordinance will further the preservation of fish and wildlife resources by providing for a review of proposed alterations and demolitions of historic structures. The restrictions on siting of structures does not prevent structures from being built on any lot or parcel. 19. GOAL 10 - HOUSING. This Goal is not implicated by the fish and wildlife policies adopted as part of this package. The Plan to implement the Goal applies wildlife restrictions in designated Wildlife Area overlays. These overlays apply only outside Urban Growth Boundaries. Under the Goals, housing needs are to be addressed chiefly by measures taken inside the urban growth boundary. 4 - EXHIBIT "B" FOR ORDINANCE NO. 92-040 (8/5/92) 01119-0285 20. GOAL 11 - PUBLIC FACILITIES. Not particularly applicable, as the proposal does not propose new development. The provisions encourage clustering, which can make the delivery of public services more efficient. 21. GOAL 12 - TRANSPORTATION. Not particularly applicable, as the wildlife package does not propose new development. The provisions encourage clustering, which can make for more efficient transportation. 22. GOAL 13 - ENERGY CONSERVATION. Not applicable, as no new development is proposed by the package. The promotion of clustering and siting of development close to existing roads will result in energy conservation. 23. GOALS 14 - 19. Not applicable. ordina\92-040.exb 5 - EXHIBIT "B" FOR ORDINANCE NO. 92-040 (8/5/92)