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HomeMy WebLinkAbout92-046REVIEWED 92`26435 LEG.A,L COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES An Ordinance Amending Title 18 of * 4 the Deschutes County Code to Amend Zoning Maps Designating New Wildlife Area Zones and Declaring an Emergency. M9.00"40 Q --O► ORDINANCE NO. 92-046 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, pursuant to Ordinance 92-040 adopted on this date Deschutes County has determined that it should protect certain wildlife resources; and WHEREAS, it is necessary to amend the zoning maps of Title 18, the Deschutes County Zoning Ordinance, in order to effect such protection; 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. MAPPING OF NEW WA ZONES. Title 18 of the Deschutes County Code, the County Zoning Ordinance, as amended, is further amended to add new Wildlife Area Combining Zones (WA) as shown on the map labelled "Big Game Habitat -Wildlife Area Combining Zone," signed on this date by the Board of County Commissioners and by this reference incorporated herein. PAGE 1 - ORDINANCE NO. 92-046 (8/5/92) 0119~0071 Section 2. MAPPING OF NEW SENSITIVE BIRD AND MAMMAL HABITAT COMBINING ZONE. Title 18 of the Deschutes County Code, the County Zoning Ordinance, as amended, is further amended to add new Sensitive Bird and Mammal Habitat Combining Zone ( SBMH ) as shown on the map �A_ — labelled "Sensitive Bird and Mammal Habitat Combining Zone (tea, S �2)," signed on this date by the Board of County Commissioners and I�� by this reference incorporated herein. Section 3. FINDINGS. The Board of County Commissioners adopts as its findings and conclusions in support of this amendment the findings attached as Exhibit "A" by this reference incorporated herein. Section 4. SEVERABILITY. The provisions of this ordinance are severable. If any section, sentence, clause, phrase, area, overlay or other separable part 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 5. 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, 1992 BOARD OF C UNTY COMMISSIONERS OF DESCHJMS COUNTY, OREGON PAGE 2 - ORDINANCE NO. 92-046 (8/5/92) rman ss 0119--00'2 EXHIBIT "A" 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 "A" FOR ORDINANCE NO. 92-046 (8/5/92) ©119-0073 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 "A" FOR ORDINANCE NO. 92-046 (8/5/92) 0.19-00'74 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 "A" FOR ORDINANCE NO. 92-046 (8/5/92) 0119-0075 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 "A" FOR ORDINANCE NO. 92-046 (8/5/92) 0119-0076 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 "A" FOR ORDINANCE NO. 92-046 (8/5/92)