2016-565-Minutes for Meeting November 28,2016 Recorded 12/9/2016COUNTY
NANCY DESCHUTES CLERKOS CJ 2016' 65
COMMISSIONERS' JOURNAL 12/09/2016 03:17 :20 PM
1111111111111111111111111111111
2016 -5115
For Recording Stamp Only
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
MONDAY, NOVEMBER 28, 2016
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Alan Unger and Tammy Baney; Commissioner
--- - - - - -- -- -----------Anthony
DeBone was out of the office. Also present were Tom Anderson, County
Administrator Erik Kropp, Deputy County Administrator; David Doyle, County
Counsel; and Matt Martin, Community Development. No other citizens or
representatives of the media were in attendance.
CALL TO ORDER
Chair Under called the meeting to order at 10:02 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
None was offered.
Minutes of Board of Commissioners' Business Meeting Monday, November 28, 2016
Page 1 of 5
CONSENT AGENDA
BANEY: Move approval of the Consent Agenda, except the minutes of the
November 21 meetings, which she has not yet been able to review.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Chair votes yes.
1. Consideration of Board Signature of Document No. 2016 -747, a Bargain and
Sale Deed to Gerald and Denise Harrison.
2. Consideration of Chair Signature of Document No. 2016 -750, an Amendment
Renewing an Agreement with T2 Incorporated for Yard Debris and Wood
Waste Management Services
3. Ratifying the Approval of Third Quarter Discretionary Grants
4. Board Signature of Minutes of the November 9, 2016 Joint Meeting with the
Deschutes County Fair Board
5. Board Signature of Minutes of the November 21, 2016 Business Meeting
6. Board Signature of Minutes of the November 21, 2016 Work Session
ACTION ITEMS
7. Consideration of Second Reading by Title Only and Adoption of Ordinances
Nos. 2016 -005 and 2016 -006:
• Define Agricultural Buildings & Equine Facilities
• Special Setback for Haner Park
• Acknowledge Existing Opportunity for Non - Resource Plan Amendments
Matt Martin gave a brief overview of the items. First reading took place on
November 9 and there have been no changes since then. Chair Unger added that
this is mostly housekeeping to correct errors and to be consistent with State law.
Minutes of Board of Commissioners' Business Meeting Monday, November 28, 2016
Page 2 of 5
Mr. Martin indicated that these are not being adopted by emergency, so will be
effective in ninety days.
BANEY: Move first reading of Ordinance No. 2016 -005, by title only.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Chair votes yes.
Chair Unger conducted the first reading by title only.
BANEY: Move adoption of Ordinance No. 2016 -005.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Chair votes yes.
BANEY: Move first reading of Ordinance No. 2016 -006, by title only.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Chair votes yes.
Chair Unger conducted the first reading by title only.
BANEY: Move adoption of Ordinance No. 2016 -006.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT
8. Consideration of Approval of Weekly Accounts Payable Vouchers for the
9 -1 -1 County Service District.
There were no vouchers for 9 -1 -1 submitted for this week.
Minutes of Board of Commissioners' Business Meeting Monday, November 28, 2016
Page 3 of 5
CONVENED AS THE GOVERNING BODY OF THE EXTENSION /4 -1-1 COUNTY SERVICE
DISTRICT
9. Consideration of Approval of Weekly Accounts Payable Vouchers for the
Extension /4 -H County Service District in the Amount of $21,244.89.
BANEY: Move approval, subject to review.
UNGER: Second.
VOTE: BAN EY: Yes.
UNGER: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
10. Consideration of Approval of Weekly Accounts Payable Vouchers for
Deschutes County in the Amount of $572,611.79.
Tom Anderson explained that a payment was made to Tyler Technologies for
the Finance /HR system.
BANEY: Move approval, subject to review.
UNGER: Second.
UNGER: Chair votes yes.
OTHER ITEMS
Commissioner Baney complimented Building Services staff for doing a nice job
with decorating the parking lot tree for the holidays.
ADJOURN
Being no further items to come before the Board, the meeting was
adjourned at 10:12 a.m.
Minutes of Board of Commissioners' Business Meeting Monday, November 28, 2016
Page 4 of 5
DATED this v Day of (I�' 2016 for the
Deschutes County Board of Commissioners.
ATTEST:
a
Recording Secretary
6��- 9��
Alan Unger, Chair
Qlto�/
Tammy Baney, ' e Chair
Anthony DeBone, Commissioner
Minutes of Board of Commissioners' Business Meeting Monday, November 28, 2016
Page 5 of 5
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388 -6570 — Fax (541) 385 -3202 — https: / /www.deschutes.org/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, MONDAY, NOVEMBER 28, 2016
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be
addressed at the meeting. This notice does not limit the ability of the Board to address
additional subjects. Meetings are subject to cancellation without notice. This meeting is open
to the public and interested citizens are invited to attend.
Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is
not allowed, although it may be permitted at the Board's discretion. If allowed, citizen
comments regarding matters that are or have been the subject of a public hearing process will
NOT be included in the official record of that hearing. Work Sessions are not normally video or
audio recorded, but written minutes are taken for the record.
CALL TO ORDER
ACTION ITEMS
1. Discussion and Preparation for Deliberations Regarding Aceti Remand - Peter
Gutowsky, Planning Manager
2. Discussion of Arts & Culture Funding
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss
as part of the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating
to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS
192.660(2)(d), labor negotiations, ORS 192.660(2)(b), personnel issues, or other executive
session categories.
Board of Commissioners Work Session Agenda Monday, November 28, 2016 Page 1 of 2
Executive sessions are closed to the public, however, with few exceptions and under specific
guidelines, are open to the media.
/TaZ•11RU,
To watch this meeting on line, go to: www.deschutes.org /meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate brmat please call (541) 617 -4747.
FUTURE MEETINGS:
Additional meeting dates available atwww .deschutes.org /meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St, Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388 - 6572.)
Board of Commissioners Work Session Agenda Monday, November 28, 2016 Page 2 of 2
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388 -6570 — Fax (541) 385 -3202 — https: / /www.deschutes.org/
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, MONDAY, NOVEMBER 28, 2016
Barnes and Sawyer Rooms - Deschutes Services Center —1300 NW Wall Street — Bend
Pursuant to ORS 992.640, this agenda includes a list of the principal subjects anticipated to be
considered or discussed at the meeting. This notice does not limit the ability of the Board to
address additional subjects. Meetings are subject to cancellation without notice. This meeting
is open to the public and interested citizens are invited to attend. Business Meetings are
usually recorded on video and audio, and can be viewed by the public live or at a later date;
and written minutes are taken for the record.
CALL TO ORDER
- -- - PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion,
regarding issues that are not already on the agenda. Please complete a sign -up card
(provided), and give the card to the Recording Secretary. Use the microphone and clearly
state your name when the Board Chair calls on you to speak. PLEASE NOTE: Citizen input
regarding matters that are or have been the subject of a public hearing not being conducted as
a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter
as part of your testimony during a public hearing, please be advised that staff is required to
retain those documents as part of the permanent record of that hearing.
CONSENT AGENDA
1. Consideration of Board Signature of Document No. 2016 -747, a Bargain and Sale Deed
to Gerald and Denise Harrison.
Board of Commissioners Business Meeting Agenda Monday, November 28, 2016 Page 1
of 3
2. Consideration of Chair Signature of Document No. 2016 -750, an Amendment Renewing
an Agreement with T2 Incorporated for Yard Debris and Wood Waste Management
Services
3. Ratifying the Approval of Third Quarter Discretionary Grants
4. Board Signature of Minutes of the November 9, 2016 Joint Meeting with the Deschutes
County Fair Board
5. Board Signature of Minutes of the November 21, 2016 Business Meeting
6. Board Signature of Minutes of the November 21, 2016 Work Session
ACTION ITEMS
7. Consideration of Second Reading by Title Only and Adoption of Ordinances Nos. 2016-
005 and 2016 -006: - Define Agricultural Buildings & Equine Facilities - Special Setback
for Haner Park • Acknowledge Existing Opportunity for Non - Resource Plan
Amendments - Matt Martin, Associate Planner
CONVENE AS THE GOVERNING BODY OF THE 9 -1 -1 COUNTY SERVICE DISTRICT
8. Consideration of Approval of Weekly Accounts Payable Vouchers
- - -- - - - -- CONVENE AS THE GOVERNING BODY OF THE EXTENSION /4 -H COUNTY SERVICE
DISTRICT
9. Consideration of Approval of Weekly Accounts Payable Vouchers
RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS
10. Consideration of Approval of Weekly Accounts Payable Vouchers
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss
as part of the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating
to ORS 192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS
192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive
session categories.
Board of Commissioners Business Meeting Agenda Monday, November 28, 2016 Page 2
of 3
Executive sessions are closed to the public, however, with few exceptions and under specific
guidelines, are open to the media.
ADJOURN
To watch this meeting on line, go to: www.deschutes.org /meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617 -4747.
FUTURE MEETINGS:
Additional meeting dates available atwww .deschutes.org /meetin.calendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388 - 6572.)
Board of Commissioners Business Meeting Agenda Monday, November 28, 2016 Page 3
of 3
3rd Quarter Discretionary Grants
City Club of Central Oregon, $600, community outreach.
Better Together Central Oregon, $2,500, student exposure to workforce /career
environment.
Assistance League of Bend, $1,500, to address the basic needs of children.
Opportunity Foundation, $2,000, thrift store program.
Heart of Oregon Corps, $2,275, to modernize their vehicle fleet.
Sisters Trail Alliance, $900, towards a scenic bikeway kiosk.
Leadership Redmond, $1,200.
Family Access Network, $2,500, annual luncheon fundraiser.
Boys & Girls Club of Bend, $1,500, annual fundraising event.
Hospice of Redmond, $2,500, Festival of Trees fundraiser.
Central Oregon Intergovernmental Council, $1,000, transit issues.
Community Development Department
Planning, Building Safety, Environmental Soils, Code Enforcement
PO Box 6005, Bend, Oregon 97700 -6005
117 NW Lafayette Avenue
www.deschutes.org/cd
Staff Report
FILE NUMBERS: 247 -16- 000021 -TA and 247 -16- 000022 -PA
APPLICANT: Deschutes County Community Development
117 NW Lafayette Avenue
Bend, Oregon 97701
PROPERTY N/A
OWNER:
REQUEST: 1) Text amendment to Comprehensive Plan, Chapter 2, Section 2.2 and
Chapter 3, Section 3.3, recognizing non - resource lands process allowed
under State law to change Exclusive Farm Use zoning; 2) Text
amendment to zoning code providing a definition of agricultural- exempt
and equine buildings; and, 3) Reducing setbacks in Forest Use (F -2
zone), for Haner Park Subdivision and an adjoining three acre tax lot.
STAFF CONTACT: Matthew Martin, AICP, Associate Planner
- - 1. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
A. PROPOSAL: 1) Text amendment to Comprehensive Plan, Chapter 2, Section 2.2 and
Chapter 3, Section 3.3, recognizing non - resource lands process allowed under State law
to change Exclusive Farm Use zoning; 2) Text amendment to zoning code providing a
definition of agricultural- exempt and equine buildings; and, 3) Reducing setbacks in
Forest Use (F -2 zone), for Haner Park Subdivision and an adjoining three acre tax lot.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
FINDING: The applicant meets this criterion because a public hearing will be held before the
Deschutes County Board of County Commissioners (Board) on October 24, 2016.
File Nos. 247 -16- 000021- TA/247 -16- 000022 -PA Page 1 of 7
2. Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of
general circulation in the county at least 10 days prior to each public
hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: Notice is published in the Bend Bulletin newspaper on October 14, 2016 and
contained the information described in DCC 22.12.020(A)(2).
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: This criterion will be met with notice posted in the bulletin board in the lobby of the
Deschutes County Community Development Department, 117 NW Lafayette, Bend.
C. Individual notice. Individual notice to property owners, as defined in
DCC 22.0&010(A), shall be provided at the discretion of the Planning
Director, except as required by ORS 215.503.
FINDING: Given the proposed amendments in question do not apply to any specific property,
no individual notices were sent or required.
D. Media notice. Copies of the notice of hearing shall be transmitted to
other newspapers published in Deschutes County.
FINDING: Notice will be provided to the County public information official for
distribution. This criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County
Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division, which
received a fee waiver. This criterion has been met.
4. Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for legislative
changes in this order.
1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: This criterion will be met.
File Nos. 247 -16- 000021- TA/247 -16- 000022 -PA Page 2 of 7
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission prior to
action being taken by the Board of Commissioners.
FINDING: The Planning Commission held a public hearing on March 10, 2016, and reviewed
the proposed changes. That same day, the Planning Commission voted in support of the
proposed definitions of agricultural /equine exempt buildings and setback standard for Haner
Park. Deliberations were continued to March 24 and the Planning Commission voted to not
support the proposed comprehensive plan amendments relating to the non - resource lands
process allowed under State law to change EFU zoning.
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: If approved, the proposed legislative changes included in file nos. 247-16-000021 -
TA/247-16- 000022 -PA will be implemented by ordinances upon approval and adoption by the
Board; this criterion will be met.
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendments are detailed in the Exhibits A -D attached hereto with additional
text identified by underline and deleted text by strik t"�9#. Below are explanations of the
proposed changes.
A. Text Amendment To Comprehensive Plan, Chapter 2, Section 2.2 And Chapter 3,
Section 3.3, Recognizing Non - Resource Lands Process Allowed Under State Law To
Change Exclusive Farm Use Zoning.
---- - - - - -- - - - -- --
In designating farm lands in the late 1970s, the County was hampered by the limited availability
of soil maps. Where soil maps from the NRCS existed those were consulted, but the County
also included irrigated lands and lands receiving farm deferrals for the previous five years and
site visits. In general, non - urban, non - forest, undeveloped and uncommitted lands were
determined to be farm lands. This designation by default resulted in some areas being
designation agricultural based on best available information.
In previous decisions on proposed plan amendments, county hearings officers and the Board
have determined that land use planning, implemented through Deschutes County
Comprehensive Plan policies and zoning, enables rural property owners with EFU zoning to
demonstrate in a quasi - judicial process, with evidence supporting findings that a subject
property does not constitute "agricultural lands" as defined in Goal 3 and Oregon Administrative
Rule (OAR) 660 - 033 - 0020(1). Further, if the property does not meet the definition of agricultural
lands then an exception to Goal 3 is not required which is the typical path for redesignation.
The Land Use Board of Appeals affirmed this approach in Wetherell v. Douglas County, _Or
LUBA , (LUBA No. 2006 -122, October 9, 2006).
Oregon Administrative Rules (OAR) Division 4 interprets the requirements of Goal 2 (Land Use
Planning) and ORS 197.732 regarding exceptions. The definition for nonresource lands is
described in OAR 660- 004 - 0005(3):
File Nos. 247 -16- 000021- TA/247 -16- 000022 -PA Page 3 of 7
• "Land not subject to any of the statewide goals listed in OAR 660- 004- 0010(1)(a)
through (g) except subsections (c) and (d). Nothing in these definitions is meant to imply
that other goals, particularly Goal 5, do not apply to nonresource land. "'
Policy 2.2.3 directs Deschutes County to:
Allow comprehensive plan and zoning map amendment for individual EFU parcels as
allowed by State Statute, Oregon Administrative Rules and this Comprehensive plan.
A Hearings Officer in a decision in NNP (PA -13 -1, ZC -13 -1) held any failure on the county's part
to adopt comprehensive plan policies and code provisions describing the circumstances under
which EFU -zone land may be converted to a non - resource designation and zoning codes does
not preclude the county from considering quasi-judicial plan amendment and zone change
applications to remove EFU zoning. This plan amendment further clarifies that the County
intends to allow the non - resource lands process allowed under State law to change EFU zoning.
The proposed amendment acknowledges this existing path to change land currently designated
resource to a non - resource designation as allowed by state law.
On March 24, the Planning Commission voted to not recommend approval the proposed
amendments.
B. Text Amendment To Zoning Code Providing A Definition Of Agricultural- Exempt and
Equine Buildings.
State law (ORS 455.315)2 allows exemption from the requirement for a building permit and
inspections under Oregon State Structural Specialty Code (electrical, plumbing, and
mechanical permits are always required). Since 2001, the authority to approve an
agricultural exempt building resides with the Building Official. A formal application requires
the County Planning Division to provide input on whether the property is a farm. Deschutes
County's zoning ordinances do not define "farm" or provide a basis for making a
determination on whether a property constitutes a farm.
Until the late 1990s, the Oregon Uniform Building Code (UBC) defined farm as "farm use" —
the same as in ORS 215.203 (the EFU Zone). However, when the state changed to the
9 OAR 660 - 004 -0010:
(1) The exceptions process is not applicable to Statewide Goal 1 "Citizen Involvement' and Goal 2 "Land Use
Planning." The exceptions process is generally applicable to all or part of those statewide goals that prescribe or
restrict certain uses of resource land, restrict urban uses on rural land, or limit the provision of certain public facilities
and services. These statewide goals include but are not limited to:
(a) Goal 3 "Agricultural Lands'; however, an exception to Goal 3 "Agricultural Lands" is not required for any of the
farm or nonfarm uses allowed in an exclusive farm use (EFU) zone under ORS chapter 215 and OAR chapter 660,
division 33, "Agricultural Lands ", except as provided under OAR 660 - 004 -0022 regarding a use authorized by a
statewide planning goal that cannot comply with the approval standards for that type of use;
hftp://arcweb.sos.state.or.us/ipages/rules/oars 600 /oar 660/660 004.html
2 ORS 455: hftps://www.oregonlegislature.gov/bilis laws /ors /ors455.html
File Nos. 247 -16- 000021- TA/247 -16- 000022 -PA Page 4 of 7
International Building Code (IBC), "farm" was not defined. "Farm use" is defined in
Deschutes County Code and ORS 215.203 as:
"Farm use" means the current employment of land for the primary purpose of obtaining a
profit in money by raising, harvesting and selling crops or by the feeding, breeding,
management and sale of, or the produce of, livestock, poultry, fur - bearing animals or
honeybees or for dairying and the sale of dairy products or any other agricultural or
horticultural use or animal husbandry or any combination thereof. "Farm use" includes
the preparation, storage and disposal by marketing or otherwise of the products or by-
products raised on such land for human or animal use. "Farm Use" also includes the
current employment of the land for the primary purpose of obtaining a profit in money by
stabling or training equines, including but not limited to, providing riding lessons, training
clinics and schooling shows. "Farm use" also includes the propagation, cultivation,
maintenance and harvesting of aquatic species and bird and animal species to the
extent allowed by the rules adopted by the State Fish and Wildlife Commission. "Farm
use" includes the on -site construction and maintenance of equipment and facilities used
for the activities described above. "Farm use" does not include the use of land subject to
the provisions of ORS chapter 321, except land used exclusively for growing cultured
Christmas trees as defined in ORS 215.203(3). Current employment of the land for farm
use also includes those uses listed under ORS 215.203(2)(b).
CDD's internal policy is a property must be receiving farm deferral and zoned EFU to qualify.
Below are approaches used by other central, eastern and western Oregon counties. Most
provide clear and objective standards to determine what constitutes a farm for the purposes
of making decisions on agricultural exempt buildings.
• Crook County
Agricultural Exempt Building: Property must qualify for "farm use" (land must be
currently employed for the primary purpose of obtaining profit in money). The
property must also either be at least 80 acres in size or currently employed in a farm
use and that such use has produced at least $40,000 in gross annual income in at
least 2 of the previous 5 years.
Equine Exempt Building: Same as above but the structure must only be used for
stabling or training equines including but not limited to providing riding lessons,
training clinics and schooling shows; storage of hay; and property owners must own
at least one equine or have the applicable land use approval for an equine facility
(such as riding lessons, training, schooling, boarding) in the zone.
• Jackson County
Agricultural Exempt Building: Property must be receiving farm deferral.
Equine Exempt Building: Same as above and it must be located on a farm. Structure
must only be used for stabling or training equines including but not limited to
providing riding lessons, training clinics.
• Jefferson County
File Nos. 247 -16- 000021- TA/247 -16- 000022 -PA Page 5 of 7
Agricultural Exempt and Equine Building: Property automatically qualifies if it is
located in the EFU zone and in farm deferral.
• Klamath County
Agricultural and Equine Exempt Building: Property automatically qualifies if it is either
located in the EFU zone or if not, in farm deferral.
• Lake County
Agricultural Exempt Building: Property must qualify for "farm use" (land must be
currently employed for the primary purpose of obtaining profit in money).
Equine Exempt Building: Same as above and it must be located on a farm. Structure
must only be used for stabling or training equines including but not limited to
providing riding lessons, training clinics.
Staff is proposing a definition for agricultural and equine exempt building that applies to
property receiving farm deferral, regardless of the underlying zone. According to the
Oregon Department of Revenue, if land is in an EFU zone and is used primarily to make a
profit by farming, it qualifies for special farm -use assessment. If land is not in an EFU zone
but is used as farmland, it may receive the same assessment given to all qualifying EFU
farmland.
This text amendment is consistent with Agricultural Lands, Policy 2.28, which states:
Support a variety of methods to preserve agricultural lands, such as:
a. Support the use of grant funds and other resources to assist local farmers;
b. Work cooperatively with irrigation districts, public agencies and representatives
c. Encourage conservation easements, or purchase or transfer of development
rights programs;
d. Control noxious weeds,
e. Encourage a food council or `buy local' program.
Allowing property owners with farm deferral status to receive agricultural exempt buildings
helps preserve agricultural lands and promote farm uses by preserving time and expense
that would otherwise go towards obtaining a building permit.
On March 10, the Planning Commission voted to recommend approval of the proposed
amendment with the staff recommended additional text that specifies the agricultural
building or equine facility is located on the property (lot or parcel) receiving special
assessment for farm use as implemented by the County Assessor's Office.
In addition, internal discussions between Planning and Building Division since the Planning
Commission deliberations have resulted in a recommendation to add a citation of the
applicable state statute (ORS 455.315) to the proposed definition. This provides clarity
through reference to the applicable statewide standards for agricultural buildings and equine
facilities but does not change the substance of the definition.
File Nos. 247 -16- 000021- TA1247 -16- 000022 -PA Page 6 of 7
With both the recommendations of the Planning Commission and the additional reference
offered by staff, the proposed definition for consideration reads:
'Agricultural building or equine facility" means buildings and structures that are exempt
from the State of Oregon Structural Specialty Code as agricultural buildings and equine
facilities as described in ORS 455.315. A structural building permit is not required for
agricultural buildings or equine facilities located on the same lot or parcel receiving
special assessment for farm use."
C. Reducing Setbacks In Forest Use (F -2 Zone), For Haner Park Subdivision And An
Adjoining Three Acre Tax Lot.
Haner park subdivision and the remnant parcel are located in the southwestern portion of
Deschutes County. These properties were platted prior to State enabling land use
legislation. This island of F -2 zoned property is surrounded by land zoned Forest Use (F -1)
and owned by the federal government as part of the Deschutes National Forest. Deschutes
County is proposing text amendments reducing the setbacks in Haner Park subdivision and
an adjoining three -acre tax lot to the standard 25 feet setback instead of the currently
required 100 foot setback. The lot sizes in the Haner Park are of a relative small size
requiring a variance to the 100 foot setback to develop any structures on the vast majority
lots. No other changes to the F -2 zone are proposed.
This text amendment is consistent with Forest Lands, Section 2.3 and its goals and policies.
The emphasis of this section is on forest management and conservation. Policy 2.3.5 is the
only policy remotely related to the text amendment:
Uses allowed in Forest zones shall comply with State Statute and Oregon Administrative
Rule.
consistent with State Statute and administrative rules.
On March 10th, the Planning Commission voted to recommend approval of the proposed
amendment.
ATTACHMENTS: Draft Ordinance 2016 -005
Draft Ordinance 2016 -006
Meeting Minutes - Planning Commission 3/10/16
Meeting Minutes - Planning Commission 3/24/16
File Nos. 247 -16- 000021- TA/247 -16- 000022 -PA Page 7 of 7