AR25-024 Staff Decision - Laserfiche WebLink

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acres around Jeff Creek undisturbed by dwellings. This section of Jeff Creek feeds into Silver Creek to the west, which itself is buffered by forest on either side both to the north towards Silverton, and to the south towards Silver Falls State Park. Turnstone found that the proposed dwelling site, as clustered within 200-feet of the west adjacent dwelling, would not result in a loss of big game habitat. Oregon Department of Fish and Wildlife (ODFW) responded to a request for comment on the analysis and concurred that the proposal was unlikely to negatively impact either elk or deer population. Points of difference include the relative emphasis on types of habitat important for elk. Turnstone asserted that elk may avoid clearcuts in favor of mature forests. ODFW comments that the mature forests are not as nutrient dense as the early successional ecosystems resulting from clear-cuts where elk tend to forage. ODFW is aware of large herds of elk in this area around Silver Creek that migrate through the forested area and graze in both clearcuts, and the agricultural lands to the west. ODFW also stated that the subject parcel is within a region of the Santiam Wildlife Management Unit (WMU) which has had a high volume of damage complaints regarding the elk herds that use the area. As a result, the area has been included within the boundary for the general season antlerless elk damage tag. The vast majority of the Santiam WMU is not within this boundary. The boundary for this damage tag in the northwestern region of Oregon is focused on the Willamette WMU. The applicant representative analyzed the 640-acre (safe harbor methodology) area for other potential dwelling approvals. Only two other parcels intersected by this circle could qualify, both are adjacent to parcels with homes, and both could be clustered within 200 feet of another dwelling. If either were to apply, each would be subject to a new 640-acre study that may or may not require the aforementioned clustering, and/or an alternative density analysis. The proposed template test dwelling on the subject parcel exceeds the density policy as outlined by the comprehensive plan, but the analysis provided by the applicant representative and Turnstone Environmental, combined with the concurrent opinions of ODFW, suggest that big game habitat loss and potential conflicts with wildlife resulting from this development have been adequately considered and will not be adversely affected. The criterion is met. 8. The special standards in MCC 17.139.070 include: (a) Special Siting Requirements: (1) Dwellings and structures shall comply with the special requirements in subsection (a)(2) or (3) of this section. Compliance with the provisions in subsection (a)(2) of this section and subsections (b), (f) and (g) satisfies the criteria in (a)(3) of this section. Alternative sites that meet the criteria in subsection (3) of this section and may be approved as provided in MCC 17.110.680. (2) Siting Standards for Dwellings and Other Buildings. A. Dwellings shall be at least 200 feet from any abutting parcel in farm use or timber production. Buildings other than a dwelling shall be located at least 100 feet from any abutting parcel in farm use or timber production. B. The special setback in subsection (a)(2)(A) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 to 195.336 nor should the special setback in subsection (a)(2)(A) of this section prohibit a claimant’s application for homesites under ORS 195.300 to 195.336. C. The dwelling or other building shall be located within 300 feet of the driveway entrance on an abutting public road; or, if the property does not abut a public road for a distance of at least 60 feet, the dwelling or other building shall be located within 300 feet of the point where the driveway enters the buildable portion of the property. (3) Review Criteria for Alternative Sites. Sites for dwellings or buildings that do not meet the siting requirements in subsection (A)(2) of this section may be approved if the proposed site will meet the following criteria: