2006-807-Ordinance No. 2006-017 Recorded 8/10/2006REVIEWED
LEGAL COUNSEL
REVIEWED
&iT~
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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2004-807
RECORDS CJ 2006'80)
CLERK
08/10/2006 04:21:24 PM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18, Deschutes
County Zoning Ordinance, and Declaring an
Emergency.
ORDINANCE NO. 2006-017
WHEREAS, Deschutes County allows guest ranches as a conditional use on non-high value farmland in
the Exclusive Farm Use zones pursuant to the Deschutes County Code (DCC) 18.16.037, Guest Ranch, and
18.128.360, Guest Ranch, which implement Oregon Revised Statute (ORS) 215; and
WHEREAS, the guest ranch statute was adopted in 1997 as a pilot project to create an opportunity for
rural ranching communities to subsidize their incomes with hospitality operations, with an expiration date of
December 31, 2001; and
WHEREAS, the legislature, in 2003, extended the expiration date to December 31, 2005, and again, in
2005 through Senate Bill 538, to January 2, 2010; and
WHEREAS, in the past, Deschutes County has extended the expiration date for guest ranches when the
legislature has done so; and
WHEREAS, the applicant, Martha Jackson, LLC, is requesting that Deschutes County amend DCC
Title 18 to update the expiration date for the guest ranch statute consistent with SB 538; and
WHEREAS, the Deschutes County Planning Commission held a public hearing on July 13, 2006, to
consider extending the expiration date for guest ranches and recommends approval of such extension to the
Deschutes Board of County Commissioners; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.16.037, Guest Ranch, is amended to read as described in Exhibit
"A," attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in s#ik eugh.
Section 2. AMENDMENT. DCC 18.128.360, Guest Ranch, is amended to read as described in
Exhibit "B," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strip.
Section 3. FINDINGS. The Board adopts the Staff Report for File No. TA-06-02, attached hereto as
Exhibit "C," and incorporated herein by this reference, as its findings in support of this Ordinance.
PAGE 1 OF 2 - ORDINANCE NO. 2006-017 (08/09/2006)
Section 4. 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 ~ of 006 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
LUKE, CHAIR
BEV CLARNO, VICE CHAIR
ATTEST:
4'XAL/L--
Recording Secretary C EL M. DALY, C MISSIONER
Date of I" Reading: ?t day of
, 2006.
10
Date of 2"d Reading: 4~ day of l , 2006.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke i~
Bev Clarno
Michael M. Daly
Effective date: ~ day of t, 2006.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-017 (08/09/2006)
EXHIBIT "A"
18.16.037. Guest ranch.
A. A guest ranch may be established in conjunction with an existing and continuing livestock
operation, using accepted livestock practices that qualifies as a farm use under ORS 215.203,
subject to the applicable provisions set forth in DCC 18.16.040(A)(1), (2) and (3), the
applicable provisions of DCC 18.128, and the provisions of ORS 215.296(1) and (2).
B. "Guest ranch" means a facility for overnight lodging incidental and accessory to an existing
livestock operation that qualifies as a farm use under ORS 215.203. Guest ranch facilities may
include a lodge, bunkhouse or cottage accommodations as well as passive recreational activities
and food services as set forth in DCC 18.128.360(4) and (5).
C. For the purposes of DCC 18.16.037, "livestock" means cattle, sheep, horses, and bison.
D. A proposed division of land in an exclusive farm use zone for a guest ranch or a division of a
lot or parcel that separates a guest ranch from the dwelling of the person conducting the
livestock operation shall not be allowed.
(Ord. 2001-043 § 1, 2001; Ord. 98-056 § 1, 1998)
Note: DCC 18.16.037 is repealed Demnber, 31. 2005. January 2, 2010
Page 1 of 1 -Exhibit "A" To Ordinance No. 2006-017 (08/09/2006)
EXHIBIT "B"
18.128.360. Guest ranch.
A guest ranch established under DCC 18.128.360 shall meet the following conditions:
A.. Except as provided in DCC 18.128.3600, the lodge, bunkhouses or cottages cumulatively shall:
1. Include not less than four nor more than 10 overnight guest rooms exclusive of kitchen
areas, rest rooms, storage and other shared indoor facilities, and;
2. Not exceed a total of 12,000 square feet in floor area.
B. The guest ranch shall be located on a lawfully created parcel that is:
1. At least 160 acres in size;
2. The majority of the lot or parcel is not within 10 air miles of an urban growth boundary
containing a population greater than 50,000;
3. The parcel containing the dwelling of the person conducting the livestock opera-tion; and
4. Not classified as high value farmland as defined in DCC 18.04.030.
C. For each doubling of the initial 160 acres required under DCC 18.128.360(B), up to five
additional overnight guest rooms and 3,000 square feet of floor area may be added to the guest
ranch for a total of not more than 25 guest rooms and 21,000 square feet of floor area.
D. A guest ranch may provide recreational activities in conjunction with the livestock operation's
natural setting, including but not limited to hunting, fishing, hiking, biking, horseback riding or
swimming. Intensively developed recreational facilities such as a golf course or campground as
defined in DCC Title 18, shall not be allowed in conjunction with a guest ranch, and a guest
ranch shall not be allowed in conjunction with an existing golf course or with an existing
campground.
E. Food services shall be incidental to the operation of the guest ranch and shall be provided only
for the guests of the guest ranch. The cost of meals provided to the guests shall be included as
part of the fee to visit to or stay at the guest ranch. The sale of individual meals to persons who
are not guests of the guest ranch shall not be allowed.
F. The exterior of the buildings shall maintain a residential appearance.
G. To promote privacy and preserve the integrity of the natural setting, guest ranches shall retain
existing vegetation around the guest lodging structure.
H. All lighting shall be shielded and directed downward in accordance with DCC 15. 10, Outdoor
Lighting Control.
1. Signage shall be restricted to one sign no greater than 20 square feet, nonilluminated and posted
at the entrance to the property.
J. Occupancies shall be limited to not more than 30 days.
K. The guest ranch shall be operated in a way that will protect neighbors from unreasonable
disturbance from noise, dust, traff ic or trespass.
L. One off-street parking space shall be provided for each guestroom in addition to parking to
serve the residents.
M. Any conversion or alterations to properties designated as historic landmarks shall be approved
by the Deschutes County Historical Landmarks Commission.
(Ord. 2004-020 § 2, 2004; Ord. 2004-001 § 3, 2004; Ord. 2001-043 § 1, 2001; Ord. 98-056 § 2,
1998)
Note: DCC 18.128.360 is repealed Deeembe- 3 2005. January 2, 2010.
Page 1 of I -Exhibit "B" To Ordinance No. 2006-017 (08 / 09 / ¢ 006 )
EXHIBIT "C"
ES
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~-1
Community Development Department
Planning Division Building Safety Division Environmental Health Division
DATE:
August 9, 2006
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
STAFF REPORT http://www.co.deschutes.or.us/cdd/
TO: DESCHUTES BOARD OF COUNTY C014ICCSSIONERS
FROM: CHRISTY MACIEL,
COMMUNITY DEVELOPMENT DEPARTMENT
RE: TA-06-02 Guest Ranches - Extension of Sunset Date
Applicant: Martha Jackson, LLC
Deschutes County allows guest ranches as a conditional use on non-high value
farmland in the EFU zones pursuant to the provisions of DCC 18.61.037, Guest ranch,
and 18.128.360, Guest ranch, which implement ORS 215.
The guest ranch statute was originally adopted in 1997 to create the opportunity for rural
ranching communities to subsidize their incomes with. hospitality operations. The statute
was created as a "pilot project," applicable only to central and eastern Oregon counties
and set to expire on December 31, 2001. The Legislature subsequently extended the
sunset date, and the statute was most recently slated to expire on December 31, 2005.
However, pursuant to SB 538 (effective on January 1, 2006), the Legislature again
determined that guest ranches provide a positive economic opportunity for ranchers in
central and eastern Oregon, and extended the sunset date to January 2, 2010.
In the past Deschutes County has extended the expiration (sunset) date for guest
ranches when the Legislature has done so. The applicant, Martha Jackson, LLC, is
requesting that the County amend DCC Title 18 to update the expiration date for the
guest ranch statute consistent with Senate Bill 538 (SB 538).
The applicant has limited their request for amendment to only the sunset date. SB 538
also amends the statute to increase the permissible size of lodging facilities as well as
eliminating the requirement that the guest ranch must be within 10 miles of an urban
growth boundary. The applicant is not requesting that these additional changes be
made to DCC 18.12.360 or 18.037. Therefore, DCC 18.12.360 and 18.037 will be more
restrictive than state statute.
Attachments:
Exhibit A: Section 18.16.037. Guest Ranch
Exhibit B: Section 18.128.360. Guest Ranch
PAGE 1 OF 1 - ORDINANCE NO. 2006-017 (08/09/2006)
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