HomeMy WebLinkAbout92-04292-264'70
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
REVIEWED
�t�t L'i
LEGAL COUNSEL
DESCHUTES COUNTY, OREGON
'7-7 ,F t s' Cf d n
An Ordinance Amending Title 18, * �'
Deschutes County Zoning Ordinance,
of the Deschutes County Code,
Concerning Wildlife Protection .,
and Declaring and Emergency. * `F ' �"`°" e 8
ORDINANCE NO. 92-042
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 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 provisions of Title
18 of the Deschutes County Code, known as the Deschutes County
Zoning Ordinance No. PL -20, relating to fish and wildlife in order
to complete periodic review;
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 ORDAINS
as follows:
Section 1. ADOPTION OF AMENDMENTS TO CHAPTER 18.88. Chapter
18.88, Wildlife Area Combining Zone, of the Deschutes County Code,
as amended, known as the Deschutes County Zoning Ordinance, is
further amended to read as set forth in Exhibit "A" attached hereto
and by this reference attached herein.
Section 2. ADOPTION OF CHAPTER 18.90. Title 18 of the
Deschutes County Code, known as the Deschutes County Zoning
Ordinance, as amended, is further amended to adopt a new Chapter
18.90, Sensitive Bird and Mammal Habitat Combining Zone, as set
forth in Exhibit "B," attached hereto and by this reference
incorporated herein.
1 - ORDINANCE NO. 92-042 ( 8/5/92 ) C � u.fCROFIL SEC
r
Section 3. ADOPTION OF AMENDMENT TO CHAPTER 18.116. Chapter
18.116 of the Deschutes County Code, as amended, known as the
Deschutes County Zoning Ordinance, is amended to replace Section
18.116.120, Fences, to read as follows:
"18.116.120 Fences.
A. Fences which form a solid barrier or are sight
obstructive shall not exceed 3.5 feet in height when
located in a required front yard or in a clear vision
area.
B. Fences in Wildlife Area Combining Zones shall be
[to design standards that provide for safe migration of
protected animals] designed in conformance with the
requirements of Chapter 18.88.
C. All fences shall comply with the requirements of
the State of Oregon Building Code."
Section 4. FINDINGS. The Board of County Commissioners
adopts as its findings and conclusions in support of this ordinance
the findings attached as Exhibit "C" by this reference incorporated
herein.
Section 5. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, or code section by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed
shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the enforcement of
such duty, condition, penalty, forfeiture, or liability, and for
the purpose of authorizing the prosecution, conviction and
punishment of the person or persons who violated the repealed
ordinance.
Section 6. 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 exhibit
thereto.
Section 7. CORRECTIONS. This ordinance may be corrected by
order of the Board of County Commissioners to cure editorial and
clerical errors and to insert appropriate legislative history
references.
2 - ORDINANCE NO. 92-042 (8/5/92)
01.10-0288
Section 8. 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 61P day of August, 19 1.
BOARD O COUNTY COMMISSIONERS
OF QWWJTES COUNTY, OREGON
s
Y,PjOPP%\�;C44ANGEN, 'Cbmmi�ioner
Dreg MAUDLIN, Chairman
3 - ORDINANCE NO. 92-042 (8/5/92)
EXHIBIT "A"
0:119--,0289
Note: Deleted wording is in brackets [ ]; new wording is
underlined and bold.
CHAPTER 18.88
WILDLIFE AREA COMBINING (WA) ZONE
Sections:
18.11.010
Purpose
18.88.020
Application of Provisions
18.88.030
Uses Permitted Outright
18.88.040
Uses Permitted Conditionally
[18.88.050
Use Limitations]
18.88.0[6]50
Dimensional Standards
18.88.0[7]60
Siting Standards
18.88.070
Fencing Standards
In any zone which is a Wildlife Area Combining Zone (WA), the
requirements and standards of this chapter shall apply in
addition to those specified in this title for the [such]
underlying zone. If a conflict in regulations or standards
occurs, the provisions of this section shall govern except
that the larger minimum lot size shall always apply.
18.88.010 Purpose
The purpose of the Wildlife Area Combining Zone is to
conserve important wildlife areas in Deschutes County; to
protect an important environmental, social, and economic
element of the area; and to permit development compatible
with the protection of the wildlife resource.
18.88.020 Application of Provisions
The provisions of this section shall apply to all areas
identified in the Comprehensive Plan as a winter deer range,
significant elk habitat, antelope range or deer migration
corridor [or riparian area]. Rural Service Centers are
exempt from the provisions of this title.
18.88.030 Uses Permitted Outright
In a zone with which the WA Zone is combined, the uses
permitted outright shall be those permitted outright by the
underlying zone [with which the WA Zone is combined].
ORDINANCE NO. 92-042
Exhibit "A"
Page 1
18.88.040 Uses Permitted Conditionaliv 01-19-0290
A. Except as provided in Section B, [I] in a zone with
which the WA Zone is combined, the conditional uses
permitted shall be those permitted conditionally by the
underlying zone subject to the provisions of the
Comprehensive Plan, Section 18.128 of this title and
other applicable sections of this title. [with which
the WA Zone is combined].
B. The following uses are not permitted in the WA zone as
conditional uses:
1. Golf course. not included in a destination
resort;
2. Commercial docs kennel;
3. Church;
4. Public or private school;
5. Bed and breakfast inn;
6. Dude ranch;
7. Playground. recreation facility or community
center owned and operated by a government agency
or a nonprofit community organization;
8. Timeshare unit;
9. Animal hospital;
10. Fishing lodge.
C. 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.
[18.88.050 Use Limitations]
[All residential, commercial or industrial developments
within the WA Zone shall be a cluster development
(residential only), a planned development, or a destination
resort and shall conform to the provisions of sections
18.128.040(P), (Q) or (R).]
18.88.050 Dimensional Standards
In a WA Zone, the following dimensional standards shall
apply:
A. In the Tumalo, Metolius. North Paulina and Grizzly
deer winter ranges designated in the Comprehensive
Plan Resource Element the minimum lot size for new
parcels shall be 40 acres except as provided in
section "D". [Minimum lot size shall be 40 acres in
the Metolius, and North Paulina and Tumalo deer winter
ranges, except that planned developments in these
areas shall be allowed to conform to the density of
the underlying zone.]
ORDINANCE NO. 92-042
Exhibit "A"
Page 2
0.19-0291
[B. Planned or cluster developments shall have a minimum
area of 160 acres. Parcels existing under single
ownership at the time of adoption of this title that
are at least 40 acres [in size which] may also be
considered for planned or cluster development status.]
[C. In the Tumalo deer winter range, the minimum acreage
shall be as designated in the Tumalo winter range
study. Planned or cluster developments in this area
shall be at least 160 acres in size unless a 40 acre
or larger parcel existed under single ownership at the
time of the adoption of this ordinance, in which case
the parcel may be considered for planned or cluster
development status.]
B. In areas designated as significant elk habitat in the
Comprehensive Plan Resource Element, the minimum lot
size for new Rarcels shall be 160 acres.
C[D]. In areas designated as [the] antelope range in the
Comprehensive Plan Resource Element, the minimum lot
size for new parcels shall be 320 acres. [Planned or
cluster developments shall be 320 acres unless a 40
acre or larger parcel existed under single ownership
at the time of the adoption of this ordinance, in
which case the parcel may be eligible for planned or
cluster development status.]
D. Residential land divisions, including vartitions, in
deer winter range where the underlying zone is RR -10
or NUA-10, shall not be permitted except as a planned
development or cluster development conforming to the
following standards:
1. The minimum area for a planned or cluster
development shall be at least 40 acres.
2. The Rlanned or cluster development shall retain a
minimum of 80 percent open space and conform with
the provisions of Sections 18.128.040(P) or (0).
3. Notwithstanding the provisions of Title
18.128.040 (P) or (0). or Title 18.060(C).the
total number of residences in a cluster
development may not exceed the density permitted
in the underlying zone.
E. Residential land divisions, including partitions, in
the Bend/La Pine Deer Migration Corridor where the
underlying zone is RR -10 shall not be permitted except
as a cluster development conforming to the following
standards:
ORDINANCE NO. 92-042
Exhibit "A"
Page 3
0119=0292
1. The minimum area for a cluster development shall
be at least 20 acres.
2. The cluster development shall retain a minimum of
80 percent open space and conform with the
provisions of Section 18.128.040 (P) or(Q).
3. Notwithstanding the provisions of Title
18.128.040 (P). or Title 18.6O.O6O(C). the total
number of residences in the cluster development
may not exceed the density permitted in the
underlying zone.
[E. In riparian areas, the minimum parcel size shall be
that determined by the County Sanitarian and Planning
Director or Hearings Body, with advice from the Oregon
Fish & Wildlife Department, necessary to protect the
health and safety of the public as well as fish and
wildlife resources. (ORD 91-020 1, 1991)]
18.88.060 Siting Standards
A. Setbacks shall be [as] those described in the underlying
zone with which the WA Zone is combined.
B. New dwellings shall be located within 300 feet of public
roads or easements or private roads or easements
existing as of August S. 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,
2. The siting within 300 feet of such roads or
easements would force the dwelling to be located on
irrigated land. in which case, the dwelling shall
be located to provide the least impact on wildlife
habitat possible considering browse, forage, cover,
access to water, migration corridors, and
minimizing length of new access roads.
18.88.070 Fence Standards
The following fencing provisions shall apply as a condition
of approval for any new fences constructed as a part of
development of a property in conjunction with a conditional
use permit or site plan review.
ORDINANCE NO. 92-042
Exhibit "A"
Page 4
A. New fences in the Wildlife Area Combining Zone shall be
designed to permit wildlife passage. The following
standards and guidelines shall apply unless an
alternative fence design which provides equivalent
wildlife passage is approved by the County after
consultation with the Oregon Department of Fish and
Wildlife:
1. The distance between the ground and the bottom
strand or board of the fence shall be at least 15
inches.
2. The height of the fence shall not exceed 48 inches
above ground level.
3. Smooth wire and wooden fences that allow passage of
wildlife are preferred. Woven wire fences are
discouraged.
B. Exemptions:
1. Fences encompassing less than 10.000 square feet
which surround or are adjacent to residences or
structures are exempt from the above fencing
standards.
2. Corrals used for working livestock.
ORDINANCE NO. 92-042
Exhibit "A"
Page 5
EXHIBIT "B"
0-1.19-0294
Section 18.90.00 Sensitive Bird & mammal Habitat Combining
Zone - SBMH
Section 18.90.010 Purpose
1. The purpose of the Sensitive Bird and Mammal Combining
Zone is to insure that habitat areas identified in the
___County's Goal 5 sensitive bird and mammal inventory as
critical for the survival of. -the northern -bald eagle,
great blue heron, golden eagle, prairie falcon, osprey,
great grey owl, sage grouse, and the Townsend's
big -eared bat are protected from the effects of
conflicting uses or activities which are not subject to
the Forest Practices Act. This objective shall be
achieved through the establishment of site specific
management plans that are developed to insure that
proposed uses and activities will neither destroy or
result in the abandonment of sensitive bird or mammal
habitat areas.
Section 18.90.020 Definition of Habitat Sites
1. The sensitive habitat site to be protected by the
provisions of this chapter is defined as the area:
1. Within a radius of 1320 feet of a golden
eagle, bald eagle, prairie falcon nest, osprey
nest, sage grouse lek, or a Townsend's
big -eared bat hibernating or nursery site.
2. Within a radius of 300 feet of a great blue
heron rookery.
3. Within a radius of 900 feet of a great grey
owl nest site.
For purposes of triggering the review process set forth
in this Chapter, where the precise location of the nest,
hibernation or nursery site or rookery can be located
only to the nearest quarter section, the nest, lek,
hibernation or nursery site or rookery shall be deemed
to take up the entire quarter section.
2. Habitat sites located on
the provisions of this
identified in Section
non-federal land.
ORDINANCE 92-042
Exhibit "B"
Page 1
federal land are not subject to
chapter unless the habitat area
00.00.020 (1) extends onto
Section 18.90.030 Development and Uses Permitted 0119-0295
1. Uses permitted in the underlying zone(s) are permitted
or conditionally permitted in the Sensitive Bird and
Mammal Combining Zone subject to the additional
procedure and requirements of Section 00.00.040. The
Sensitive Bird and Mammal Habitat Combining Zone does
not regulate forest practices subject to the Forest
Practices Act.
Section 18.90.040 Applicability
A. Review under this Chapter shall be triggered by the
following proposals occurring within a wildlife habitat
site, as defined in Section 18.90.020 of this Chapter:
(1) An application for a building permit for a new
structure;
(2) Land divisions;
(3) An application for a conditional use; or
(4) An application for site plan.
B. Site-specific determination of applicability:
1. In instances where the precise location of the
habitat site has not been identified in the
County's Goal 5 inventory of sensitive birds and
mammals, the County shall prior to acceptance of an
application seek a determination from ODFW pursuant
to a determination of whether any part of
applicant's lot or parcel falls within the habitat
site.
2. If ODFW finds that applicant's lot or parcel or a
portion thereof does lie within the habitat site,
applicant shall be required to proceed in
accordance with Section 18.090.060. If ODFW finds
the applicant's lot or parcel does not fall within
the habitat site, applicant's proposal shall not be
governed by this Chapter.
3. If ODFW fails to respond with the 20 -day time
period, it shall be presumed that applicant's
property does not lie within the habitat site.
Section 18.90.050 Preapplication Consultation with ODFW
A. Prior to acceptance of an application involving a lot or
parcel lying in whole or in part within a habitat site
ORDINANCE 92-042
Exhibit "B"
Page 2
01.19-0296
as defined in Section 18.90.020, applicant shall submit
sufficient information to the County about its proposal
so that the County, in consultation with ODFW, can
determine whether applicant's property falls within the
habitat site and if so what impacts the proposal may
have on the habitat site.
B. Upon notification, ODFW shall have 20 days to respond to
the County, identifying the precise location of the
sensitive bird or mammal site, determining whether the
wildlife site is active or abandoned, and determining
.:._.whether the proposal will destroy a nesting,
-hibernating, nursery, lek or rookery site or to a
reasonable certainty cause the site to be abandoned.
Section 18.90.0601 Management Plan Requirement
For those proposal proposed for a lot or parcel lying within
a habitat site, as defined under Section 18.90.020 and a
verified by ODFW under Section 18.90.040, a management plan
shall be prepared in accordance with the requirements of this
section prior to acceptance of an application subject to this
Chapter.
A. Notwithstanding the remainder of this section, if the
habitat site covers only a portion of applicant's lot or
parcel and applicant proposes to locate the proposed use
outside of the habitat site, the management plan shall
consist of a plot plan detailing the location of the
proposed use in relation to the habitat site as it falls
on the lot or parcel. Said plot plan shall be approved
as a management plan under this section if it shows the
subject use to be located outside the habitat site.
Approval of the use shall be conditioned upon location
the use in accordance with the approved plan plan.
B. A management plan shall consider the biology of the
identified sensitive species, nesting trees, critical
nesting periods, roosting sites and buffer areas. Where
appropriate, the plan shall specify timeframes for
implementation. The plan may dictate placement of the
proposed use within the habitat site and place
restrictions upon the manner and time period of
operations.
C. The County shall submit a copy of the management plan to
ODFW for comment. ODFW shall have 20 days from the date
of the management plan is mailed to submit written
comments to the County.
D. Based upon the record, the County shall approve or
reject the management plan based upon whether the
protection proposed in the plan would avoid destruction
ORDINANCE 92-042
Exhibit "B"
Page 3
Q X 9-0297
of the subject nesting site, lek, hibernation or nursery
site or rookery or would to a reasonable certainty avoid
causing such a site to be abandoned. In lieu of
rejection of the management plan, the County may allow
the applicant to revise the management plan if applicant
has not met the standard for approval. Applicant shall
waive the 120 -day time limit if it chooses to revise the
management plan.
E. In lieu of a management plan, if applicant believes that
its proposal would not destroy a nesting site, lek,
.hibernation or nursery site or rookery or would not with
"a reasonable certainty cause such a site to be
abandoned, applicant shall provide justification for
such an exception and County shall after consultation
with ODFW either approve or deny the exception request.
F. Approval of a management plan under this section shall
be conditioned upon applicant's implementation of the
plan.
CDM/mjz
ORDINANCE 92-042
Exhibit "B"
Page 4
EXHIBIT "C" 13-038
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 Background
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 "C" FOR ORDINANCE NO. 92-042 (8/5/92)
(1119-00299
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 "C" FOR ORDINANCE NO. 92-042 (8/5/92)
01Z. -1 g.0
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 "C" FOR ORDINANCE NO. 92-042 (8/5/92)
��-0301
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 "C" FOR ORDINANCE NO. 92-042 (8/5/92)
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 "C" FOR ORDINANCE NO. 92-042 (8/5/92)