AR26-005 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 with consideration of the location of the dwelling to be constructed. The Big Game Density test determined that there are 9 dwellings within the 640-acre circle. The proposed dwelling would bring the total to 10 dwellings. However, there is also an approval of a replacement dwelling on a parcel in the northwest corner of the circle (approved through AR24-004), which will bring the total of 11 existing or approved dwellings within the big game density circle. The existing density is therefore in excess of the policy. The doubled-density standard for the Major Big Game Habitat Policy cannot be applied, as the dwellings are not clustered within the 200-feet of one another. 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 March of 2026. Turnstone evaluated signs of big game activity on the subject parcel and neighboring parcels. They found signs of elk and deer on the subject parcel and along the riparian corridor of Abiqua Creek which is approximately 700 feet southwest of the subject property. The analysis was conducted in spring 2026, which, according to the U.S. Fish and Wildlife Service, marks the beginning of fawning season for many deer species. Turnstone Environmental Consultants conducted a site visit to determine the presence of deer and elk on the subject parcel. Based on evidence of scat and a well-defined game trail, supported by photographic documentation, Turnstone concluded that the parcel is utilized by black-tailed deer. No evidence of elk was observed. One primary deer trail was identified, extending north to south from the northeast corner of Tax Lot 300. The trail appears to follow Abiqua Road NE before eventually crossing the road, which bisects the property. This suggests that wildlife movement is common through this developed area south of the parcel, indicating that wildlife continues to utilize the landscape despite the presence of nearby human development. The proposed dwelling site does not encroach upon this travel corridor and is located approximately 100 feet northeast of the identified trail. Only the proposed driveway serving the dwelling would intersect the trail. Turnstone Environmental also relied on several studies to evaluate the parcel's wildlife habitat value, including the Western Governors' Association (WGA) Crucial Habitat Assessment Tool (CHAT), which identifies wildlife habitat and movement corridors across participating western states. The parcel received a score of 5 for terrestrial crucial habitat on a scale where 1 represents the highest habitat value and 6 the lowest. It received a score of 3 for terrestrial species of economic or recreational importance, representing a moderate ranking. Turnstone concluded that these relatively low habitat scores indicate the parcel is of limited importance as crucial big game habitat. Although the proposed dwelling does not satisfy the standard "safe harbor" clustering method based on a 640-acre density circle, Turnstone Environmental applied an alternative 40-acre grid analysis to evaluate dwelling distribution and clustering in relation to the surrounding landscape. This approach provides an