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Home My WebLink AboutMemo - Billings Ranch 1 0-29-2004 16:27 FROM-_JACKSON CO,PLANNING 15417746791 . - T-B41 P.DD2/DD4 F-44B JACKSON COUNTY oregon MEMO INTER-OFFICE Roads, Parks & Planning Vcrooica A. Smltb Planner III 10 SOuth Actual Am '00 M6dforCl. OR 9150' PhonO:(541)77~18 Fax; (541) 774-6'191 smithva@jacksoncounty.org Date: Jackson County Planning Commissioners Veronica A. Smith, Planner ill Discussion on Possible Amendments to the Bear Creek Greenway Plan.' Ashland to Ce1ural Point (1988) 10/28/04 To: From: Subject: Issue: The Planning Conunission has been exploring the idea of amending the Bear Creek Greenway Plan: Ashland 10 Central Poinr ( 1988). Discussion: At your previous meeting on October 21,2004 you requested staff to provide you with an update of the Bear Creek Greenway Plans and their applicability to County owned land. The Land Development Ordinance (LD02000) contains two Chapters that regulate the Bear Creek Greenway, they are: 1. Chapter 255 Greenway District (OR), and 2. Chapter 280.100(3) (0) Areas of Special Concern (ASe) 82-2. In the past few months, there has been much discussion on the applicability of these code provisions and related goals and policies. From my review of the records, there has been little or no discussion on the zoning designation of County owned land in the Bear Creek Greenway. A fundamental step in land use pennitting is to identify the base zone, Of particular interest is the parcel identified on the County Assessor's Map as Tax Lot 204, 39-1E-05. This parcel has been a proposed site for a ponion of the Billing Golf Course (withdrawn). It is zoned Exclusive Fann Use (EFU). IDO 218.050 EFU Conditional Uses~ Subsection (21), lists golf courses as a conditioned use, subject to meeting specific criteria, other requirements and conditions. While the County intended to provide additional protection to public lands, beyond the provisions in ASC82-2, there is no evidence the County adopted a zoning map that applied the Greenway District (OR) to County owned land. This fact is evident in the 2004 IDO amendments (Ordinance 2004-2). In adopting this Ordinance, the County Board of Commissioners eliminated the Greenway District. In conjunction with this amendment, the County adopted a new Zoning Map (Ordinance 2004-3). The map amendment did not reclassify any lands from OR to another classification. 10-29-2004 16:28 FROM- _JACKSON CO, PLANN'\ NG 15417746791 T-841 P,OD3/0D4 F-448 October 29, 2004 Page 2 Greenway District: The intent of Greenway District was to establish a zoning district that would be applied to an county owned land identified in the official Bear Creek Greenway Map. This District is still in effect, although no land is currently zoned OR. In the future, if the 2004 IDO is approved, the District will be eliminated. This District has certain provisions that are controlling and would be applicable to land if zoned appropriately. Key elements of the Greenway District (GR) are: LOO 255.010 Purpose: ... The purpose of the Greenway District is to implement the goals and policies of,he Bear Creek Greenway Plan and related documents on publicly owned land and water. The major goals of the Bear Creek Greenway are environmental protection and public access for recreation. This district is intended to fulfill those goals and policies described in the Bear Creek Greenway Plan: Managemenr Policies and Guidelines (1982) and the Bear Creek Greenway Plan: Ashland to Central Point (1988). IDO 255.020 Application: Tltis district is to be applied to all publicly-owned land and water under County jurisdiction and within the Bear Creek Greenway from Mountain Avenue in Ashland to the vicinity afthe Seven Oaks/Blackwell Road interchange of 1-5. This zoning district is to be applied in addition to the Area of Special Concern established in Subsection 280.110(3XD) and supersedes that Section in ,he event of any conflicting provisions. LOO 255.030 Permitted Uses: Section 255.030 funher requires that uses pennined in the Oreenway District are: msubject to all other applicable rulest standards. or statues governing such uses including: lhe Jackson County Comprehensive Plan and implementing regulations, Bear Creek Greenway Plans and related documents,. the Land Development Ordinance; Jackson County Park Regulations; and Oregon Administrative Rules governing land use, water. transponationJ fish and wildlife and environmental quality. The Greenway District is intended to apply to COllnty owned land and water in the Bear Creek Greenway. The District uses and activities are controlled by both the 1982 and 1988 Greenway Plan. The uses permitted include as a conditional use, golf courses, subject to cenain standards. By comparison, IDO 280.110 Areas of Special Concern, subsection (3), (D) ASC 82-2 states: mGuidance for the Area of Special Concern is contained in the Bear Creek Greenway Plan: Management Policies and Guidelines (1982) and rhe Bear Creek Greenway Plan: Ashland 10 Central Poinl (1988)... 10-29-2004 16:28 FROM-_JACKSON CO,PLANN1NG 15417746791 T-841 P.D04/DD4 F-448 October 29, 2004 Page 3 In the section above it is clear that both the 1982 and 1988 Plan were adopted by reference as "guidance" documents and therefore? not controlling. Additionally subsection (ii) states: All other uses withing the primary zoning district shall be subj~cl to a conditional use penn it. Conditional use penniu requesled within the ASC82..2 shall be consisfent with rhe Bear Creek Greenway Plan and relal~d documents. in addition to the standards specified within Chaplers 254 and 260. Chapter 280.110 (3), (D), (ii) was not amended by Ordinance 88..18. The reference to the UBear Creek Greenway Plan" refers to the 1982 Bear Creek Greenway Plan and related documents in effect at that time. This subsection contains the wording "shall be consistent" and therefore, is controlling. Summary and Conclusion: Order No. 486..82 is titled: The Bear Creek Greenway Plan. It is the document identified in Section 280.110, (3)7 CD), (ii) of the IDO and is controlling for the purpose of a CUP. Reference to the "Bear Creek Greenway Plan" in subsection (ij) should not be construed to include the 1988 Plan. Staff concludes, the 1988 Bear Creek Greenway Plan: Ashland to Centra] Point serves only as a guidance document as identified in Section 280.110, (3), (0). The document was never formally finalized and adopted; adoption by reference makes it a valid document. It is not a binding document, except in the Greenway District zone. It should be noted that Tax Lot 204 is shown on the County Zoning Map as EFU. The County never applied the Greenway District to County land. If the County Board of Commissioners are interested in leasing tax lot 204 for the purpose of a use allowed in the EFU District, they may do so without amending the County's 1988 Greenway Plan.