AR25-024 Staff Decision - Laserfiche WebLink

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The density policy is found under “Fish and Wildlife Habitat” within the Environmental Quality and Natural Resources Chapter of the Goals and Policies section of the Marion County Comprehensive Plan. The two pertinent policies are: 4. Conflicts with wildlife (especially big game) shall be considered in land development. Development adjacent to streams, sensitive waterfowl areas and critical wildlife areas shall incorporate adequate setbacks and buffer zones. 5. Development density shall be controlled so that significant wildlife habitat will not be adversely affected in the County’s resource zones. The standards for dwelling density in big game habitat, as identified on the habitat maps, shall be: one dwelling unit/80 acres in major habitat; one dwelling unit/40 acres in peripheral habitat. If dwellings are clustered within 200 feet of each other, these densities may be doubled. The proposed dwelling is located within the Major Big Game Habitat Overlay. According to the Marion County Comprehensive Plan, the standard for dwelling density is one dwelling unit per 80 acres in the Major habitat. If dwellings are clustered within 200 feet of each other, these densities may be doubled. Marion County calculated dwelling density by analyzing a 640-acre circle centered on the proposed dwelling site. The applicant provided an initial density analysis without consideration of approved dwellings yet to be constructed. Staff and the applicant worked together to determine that there are 20 dwellings and 5 undeveloped dwelling approvals within the 640-acre circle. There are also three parcels partially within the circle that contain dwellings which are themselves outside of the circle. The total dwellings within the 640-acre area will therefore be 26 if the proposed template test dwelling is approved, and if all other approved dwellings are constructed. The existing density is therefore in excess of the policy for even a doubled-density within the Major Big Game Habitat Policy. It is the policy of Marion County to consider alternative analysis if submitted with the application. The applicant requested an evaluation from Turnstone Environmental Consultants who performed a site visit during July of 2025. Turnstone evaluated signs of big game activity on the subject parcel and neighboring parcels. They found signs of elk and deer within the riparian corridor of Jeff Creek which is approximately 1,400 feet northwest of the subject property. Turnstone provided the conclusion that the subject parcel itself was not being utilized by Elk, and that the deer using the parcel would continue to do so because of their tolerance to human development. The purpose of the Big Game Habitat Overlays are specifically to protect significant wildlife habitat in the resource zones within the County. Arguments regarding whether big game species themselves may or may not tolerate loss of habitat are irrelevant to the purpose of the overlay. Discussion between the applicant team and county staff resulted in an updated study focused on habitat protection and an alternative calculation of development density focused rather on the 640 surrounding acres of significant wildlife habitat around the Jeff Creek corridor, rather than the centered 640-acre circle. This second analysis is considered below. The north adjacent parcel contains one of the approvals, which is for a template test dwelling approved by AR22-023. The other four approvals yet to be constructed are related to measure-37 claim (M05-103) that authorized a subdivision (SUB06-005) known as DeSantis Ridge. This subdivision features clustered parcels of 5-6 acres in size, and the four undeveloped parcels are all off Sharon Tony Way SE which is across highway 214 from the subject parcel. Jeff Creek meanders along the northern boundary of two of these parcels, which is the southern property line of the first parcel developed in the Desantis Ridge Subdivision. The homesite on that parcel is approximately 400-feet north of Jeff Creek. Turnstone Environmental produced an alternative 640-acre analysis centered on the Jack Creek Corridor west of the subject parcel, and compared this analysis to the safe harbor methodology utilized by Marion County that centers the 640-acres on the subject parcel. The alternative analysis grid contains 9 dwellings and 1 dwelling approval. The site plan shows the proposed dwelling is within 200-feet of dwelling on west adjacent parcel. This clustering would allow for doubling of the density, and be consistent with the intent of the development density in the comprehensive plan. Furthermore, this alternative analysis shows how existing dwellings are already relatively clustered against Highway 214, leaving the bulk of the 640-