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HomeMy WebLinkAboutDoc 229 - Simpson Findings-DecisionDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of May 29, 2013 Please see directions for completing this document on the nextpage. DATE: May 21,2013 FROM: Cynthia Smidt Department CDD Phone 317-3150 TITLE OF AGENDA ITEM: Consideration of Adoption of Document 2013-229 approving Cross Anchor S Ranch LLC's (Steve and Kathy Simpson) land use permit to establish two farm-help dwellings in the Exclusive Farm Use zone. File Numbers MA-12-lIAD-Il-l1. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: On February 25, 2013, the Board held a de novo public hearing regarding land use permit (MA-12­ 1/AD-II-II) filed by the applicant, Cross Anchor S Ranch LLC (Steve and Kathy Simpson) and who was represented by attorney, Liz Fancher. The Planning Division approved the application by decision dated December 28,2012. The review of this application was in response to the Board's decision to initiate review of the request via Order 2013-003, which is based on Planning staff recommendation. The Board conducted a hearing and deliberated on the matter, rendering an oral approval of the application. The document is staffs recommendation for the written Board decision. FISCAL IMPLICATIONS: Staff time and mailing the decision. RECOMMENDATION & ACTION REQUESTED: Motion: Approval of Document 2013-229. ATTENDANCE: Cynthia Smidt, Nick Lelack DISTRIBUTION OF DOCUMENTS: Cynthia Smidt Page 1 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 For Recording Stamp Only DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS FILE NUMBERS: MA-12-1/ AD-11-11 APPLICANT/ PROPERTY OWNER: Kathy and Steve Simpson Cross Anchor S Ranch, LLC 71300 NW Lower Bridge Way Terrebonne, Oregon 97760 PROPERTY OWNER REPRESENTATIVE: Liz Fancher, Attorney 644 NW Broadway Street Bend, Oregon 97701 REQUEST: The applicant is requesting approval to establish two farm-related dwellings on non-high value farmland in the Exclusive Farm Use zone. I. APPLICABLE STANDARDS AND CRITERIA: Title 18, Deschutes County Zoning Ordinance A. Chapter 18.16, Exclusive Farm Use Zones 1. Section 18.16.010, Uses Permitted Outright 2. Section 18.16.025, Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a Review Under DCC Chapter 18.124 where applicable 3. Section 18.16.050, Standards for dwellings in the EFU zones 4. Section 18.16.060, Dimensional Standards 6. Section 18.16.070, Yards REVIEWED ______________ LEGAL COUNSEL Page 2 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 II. FINDINGS OF FACT: A. LOCATION: The property is located at 71300 NW Lower Bridge Way, Terrebonne, Oregon and is further identified on Deschutes County Assessor's Map 14-12-00 as Tax Lot 800. B. LOT OF RECORD: Deschutes County has recognized this subject property as a legal lot of record because it has land use and development permits issued to the property (see, for example, CU-91-171 and MH3525). C. ZONING: The subject property is zoned Exclusive Farm Use – Lower Bridge subzone (EFU-LB). D. LAND USE HISTORY: The Board adopts the Planning Division’s findings, incorporated by reference herein to the extent they are consistent with the Board’s Decision herein. E. SITE DESCRIPTION : The Board adopts the Planning Division’s findings, incorporated by reference herein. F. SURROUNDING LAND USES: The Board adopts the Planning Division’s findings, incorporated by reference herein. G. PROPOSAL: The Board adopts the Planning Division’s findings, incorporated by reference herein. H. PUBLIC AGENCY COMMENTS: The Board adopts the Planning Division’s findings, incorporated by reference herein. I. PUBLIC COMMENTS: The Board adopts the Planning Division’s findings, incorporated by reference herein, and adds oral and written testimony by the applicants and comments from interested parties that were received by the close of the written record on April 1, 2013. J. NOTICE REQUIREMENT: The Board adopts the Planning Division’s findings, incorporated by reference herein. K. REVIEW PERIOD: The Board adopts the Planning Division’s findings, incorporated by reference herein, and adds that the Planning Division’s decision was issued December 28, 2012. The review of this application was in response to the Board’s decision to initiate review of the request via Order 2013-003, which is based on Planning staff recommendation. 1 The Board agreed to hear the appeal de novo, and held a public hearing on the matter February 25, 2013. The Board deliberated the matter on April 29, 1 On December 31, 2012, the decision was appealed by Jerry L. Aplin (file no. A-12-4). According to DCC 22.28.050, because the Board initiated review the appeal fee was refunded and thus the file number is not referenced in this decision. Page 3 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 2013, and rendered an oral approval of the application with conditions. Under a strict count of the days, the 150-day deadline would end on May 23, 2013. However, the applicant extended the deadline to end on May 31, 2013. III. CONCLUSIONS OF LAW: Title 18 Deschutes County Zoning Ordinance. A. CHAPTER 18.16. EXCLUSIVE FARM USE ZONE 1. Section 18.16.010. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: J. Alteration, restoration or replacement of a lawfully established dwelling that: 1. Has intact exterior walls and roof structure; 2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system; 3. Has interior wiring for interior lights; 4. Has a heating system; and 5. In the case of replacement, is removed, demolished or converted to an allowable use within three months of completion of the replacement dwelling. A replacement dwelling may be sited on any part of the same lot or parcel, and shall comply with all applicable siting standards. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned for exclusive farm use, the applicant, as a condition of approval, shall execute and record in the deed records for the county a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of the statute and county code have changed to allow the siting of another dwelling; and 6. The replacement dwelling is subject to OAR 660-033-0130(30), as follows: The County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 to 30.937. 7. An applicant for a replacement dwelling may request a deferred replacement dwelling permit. a. The dwelling to be replaced shall be removed or demolished within three months after the deferred replacement permit is issued. b. A deferred replacement permit allows construction of the replacement dwelling at any time. If, however, the established dwelling is not removed or demolished within three months after the deferred replacement permit is issued, the replacement permit becomes void. Page 4 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 c. The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. d. A deferred replacement permit may not be transferred, by sale or otherwise, except by the applicant to the spouse or child of the applicant. FINDING: As noted in the Planning Division’s findings, there exist three homes on the subject property. For reference, a 1932 site built home is centrally located in the developed area of the property. The applicants propose to use this home as the Relative Farm Assistance Dwelling. Compliance with DCC 18.16 for a Relative Farm Assistance dwelling is addressed below in this decision. Immediately north of the 1932 home is a manufactured home referred to as the North Home. The North Home will be used as the primary farm dwelling. However, this manufactured home was established without proper permits. The Board concurs with the Planning Division’s findings and thus a condition of approval will be required that the applicant obtain necessary permits from the Deschutes County Building Division and Environmental Soils Division prior to initiation of use of the primary farm dwelling. South and west about 350 feet of the 1932 home is another manufactured home referred to as the South Home. The applicants propose to use the South Home as the Accessory Dwelling. The Board concurs with the Planning Division’s findings that the previous home located at the South Home site was lawfully established. Furthermore, the Planning Division’s findings found that the replacement of the home in 1996 without proper building or septic permits did not qualify the current home as a lawfully established replacement dwelling home. The Board need not decide this issue, however, as the applicants applied for approval of an accessory dwelling and that approval has been granted. Compliance with DCC 18.16 for an Accessory Dwelling is addressed below in this decision. 2. Section 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a Review Under DCC Chapter 18.124 where applicable. A. Dwellings customarily provided in conjunction with farm use (farm-related dwellings), subject to DCC 18.16.050. B. A relative farm assistance dwelling, subject to DCC 18.16.050. FINDING : The Board adopts the Planning Division’s findings on this criterion. 3. Section 18.16.050. Standards for dwellings in the EFU zones. Dwellings listed in DCC 18.16.025 and 18.16.030 may be allowed under the conditions set forth below for each kind of dwelling, and all dwellings are subject to the landowner for the property upon which the dwelling is placed, signing and recording in the deed records for the County, a document binding the landowner, Page 5 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937. FINDING: The Board adopts the Planning Division’s finding on this criterion and concurs that the applicants shall be required as a condition of any approval to sign and record a Farm and Forest Management Easement in the deed records for the County. C. Accessory dwelling. A dwelling, including a manufactured home in accordance with DCC 18.116.070, is considered to be an accessory farm dwelling customarily provided in conjunction with farm use when: 1. The accessory dwelling meets the following criteria: a. The accessory farm dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm use, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator; and FINDING: The Board adopts the Planning Division’s finding on this criterion and includes the additional duties performed by the occupants, David and Terry Page. As indicated previously, Mr. and Mrs. Page provide both seasonal (spring/summer months) and year-round assistance. David Page provides assistance by spraying/ pruning, mowing grounds, weed control, road grading, cat driving/clearing, monitoring of pond level for irrigation and livestock water, assisting in dehorning elk, and welding and fabrication. Terri Page provides assistance in elk births, elk calf monitoring, elk-related record keeping, general bookkeeping, and ranch security. Based on the evidence in the record, the Board finds the proposed Accessory Dwelling will be occupied by a person or persons, Mr. and Mrss Page in this case, who are principally engaged in the farm use of the land and whose assistance in the management of the farm use as required by the farm operator. The Board agrees with Planning staff regarding the inclusion of a condition of approval that requires only a person or persons shall occupy the Accessory Dwelling who is principally engaged in the farm use as required by the farm operator. b. The accessory farm dwelling will be located: i. On the same lot or parcel as the primary farm dwelling; or ii. On the same tract as the primary farm dwelling when the lot or parcel on which the accessory farm dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the tract; or iii. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is limited to only a manufactured home and a deed restriction substantially in compliance with the form set forth in Exhibit A to DCC 18.16 is filed with the County Clerk. The deed restriction shall require the manufactured dwelling Page 6 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 to be removed when the lot or parcel is conveyed to another party. The manufactured home may remain if it is reapproved under DCC 18.16.050; or iv. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size under DCC 18.16.065 and the lot or parcel complies with the gross farm income requirements in DCC 18.16.050(A)(3) or (B)(1), whichever is applicable; and FINDING: The Board adopts the Planning Division’s finding on this criterion and acknowledges that the applicant is proposing to use the existing manufactured home, known as the South Home, for the Accessory Dwelling. It will be made a condition of approval that the applicant obtains necessary permits from the Deschutes County Building Division and Environmental Soils Division prior to initiation of use of the Accessory Dwelling. c. There is no other dwelling on land zoned EFU owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling; and FINDING: The Board adopts the Planning Division’s finding on this criterion. 2. The primary farm dwelling to which the proposed dwelling would be accessory meets one of the following: a. On land not identified as high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed in farm use and produced $32,500 in gross annual sales in the last two years or three of the last five years. In determining gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or b. On land identified as high-value farmland, the primary farm dwelling is located on a farm or ranch operation that is currently employed for farm use, and produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years. Gross income shall be calculated by deducting the cost of purchased livestock from the total gross income attributed to the tract; and FINDING: The Board adopts the Planning Division’s finding on this criterion. 3. A lot or parcel approved for an accessory farm dwelling under DCC 18.16.050 shall not be approved for a division of land except as provided for in DCC 18.16.055(B). FINDING: The Board adopts the Planning Division’s finding on this criterion. Page 7 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 4. An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the requirements for a nonfarm dwelling pursuant to DCC 18.16.050(G). FINDING: The Board adopts the Planning Division’s finding on this criterion. D. Relative farm assistance dwelling. 1. A dwelling listed in DCC 18.16.030(B) is allowed when: a. The subject tract is at least 40 acres in size, unless it is demonstrated to the Planning Director or Hearings Body that a smaller unit of land is a commercial agricultural enterprise. FINDING: The Board adopts the Planning Division’s finding on this criterion. b. The subject tract is used for farm use; FINDING : The Board adopts the Planning Division’s finding on this criterion and concurs the subject property is used for farm use. c. The dwelling is a manufactured home and is sited in accordance with DCC 18.116.070, or is a pre-existing site-built home that: (1) was established at least 30 years prior to the date the land use permit was submitted and (2) is located on a parcel of at least 40 acres in size and that meets the minimum irrigated acres standard for the subzone within which it is located; FINDING: The proposed Relative Farm Assistance Dwelling will be a single-family dwelling established in 1932. The Board adopts the Planning Division’s findings on the criteria regarding using pre-existing site-built homes as a farm assistance dwelling. d. The dwelling is located on the same lot or parcel as the dwelling of the farm operator, and is occupied by a relative of the farm operator or farm operator’s spouse, including a grandparent, step-grandparent, grandchild, parent, step-parent, child, brother, sister, sibling, step- sibling, niece, nephew, or first cousin of either, if the farm operator does, or will, require the assistance of the relative in the management of the farm use. 1. Notwithstanding ORS 92.010 to 92.190 or the minimum lot or parcel size requirements under ORS 215.780, if the owner of a dwelling described in this subsection obtains construction financing or other financing secured by the dwelling and the secured party forecloses on the dwelling, the secured party may also foreclose on the homesite, as defined in ORS 308A.250, and the foreclosure shall operate as a partition of the homesite to create a new parcel. Page 8 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 2. Prior conditions of approval for the subject land and dwelling remain in effect. 3. For purposes of this subsection, “Foreclosure” means only those foreclosures that are exempt from partition under ORS 92.010(7)(a). FINDING: The Board adopts the Planning Division’s findings on these criteria. This dwelling is located on the same parcel as the primary farm dwelling. The relative farm help in this case is Kathy Simpson’s father and stepmother, Eldon and Marilynn Tobiasson. Eldon Tobiasson assists on the ranch by repairs fencing, aiding in fabrication of repairs, driving a tractor (discing, seeding, raking, baling), moving of irrigation (handlines, wheelines), planting of seed, controlling Gophers in the hay fields, maintaining the property, cutting and hauling firewood, picking up rocks, driving dump truck, and feeding livestock. Marilynn Tobiasson provides seasonal work on the ranch, including but not limited to assisting with and monitoring cows and calves, preparing fields, and operating backhoe and other farm equipment. e. The farm operator plays the predominant role in the management and farm use of the farm and will continue to do so after the relative farm help dwelling is approved. FINDING: The Board adopts the Planning Division’s finding on this criterion. f. Any approval granted under DCC 18.16.050 shall be conditioned with a requirement that the farm operator annually submit a report to the Planning Division identifying the resident(s) of the dwelling, their relationship to the farm operator, the assistance the resident provides to the farm operator, and verifying the farm operator’s continued residence on the property and the predominant role the farm operator continues to play in the management and farm use of the farm. FINDING: The Board concurs with the Planning Division on this criterion. It will be made a condition of final approval that the farm operator submits annually to the Planning Division a report that details the above noted information. 2. A manufactured home permitted under DCC 18.16.050 shall be considered to be a temporary installation, and permits for such home shall be renewable and renewed on an annual basis. The manufactured home shall be removed from the property if it no longer meets the criteria of DCC 18.16.050 and the approval shall be so conditioned. FINDING: The Board adopts the Planning Division’s finding on this criterion. 3. A pre-existing dwelling approved under DCC 18.16.050 shall be removed or converted to an allowable use within one year of the date the relative farm help dwelling no longer meets the criteria of DCC 18.16.050 and the approval shall be so conditioned. Page 9 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 FINDING: The Board adopts the Planning Division’s finding on this criterion. Final approval of this application will be conditioned to this effect. 4. Upon approval of a dwelling under DCC 18.16.050, a Conditions of Approval Agreement shall be recorded with the Deschutes County Clerk prior to issuance of any building or placement permit for the new dwelling on the property. FINDING: The Board adopts the Planning Division’s finding on this criterion. A Conditions of Approval Agreement will be required under this criterion to be recorded with the County Clerk prior to initiation of use of the 1932 dwelling as a Relative Farm Assistance Dwelling. 5. For the purposes of DCC 18.16.050(D), a farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing. FINDING: The Board adopts the Planning Division’s finding on this criterion and concurs that Steve and Kathy Simpson are the primary farm/ranch operators of the Cross Anchor S Ranch. As noted in the Planning Division’s findings and provided here for reference, the following are the farm operator duties. Kathy Simpson… Provides strategic planning for the breeding program for the elk • Administers all vaccinations to the elk • Administers all vaccinations to the horses • Timely de- worming program of elk, horses and cattle • Necropsy of every elk that are slaughtered for meat sales • Marketing Director for meat sales, Elk Velvet sales, including shipping/mailing • Hands on daily caretaking and feeding of “bottle baby” calves (elk and cattle) • Monitoring the calving season for elk, cattle and horses including observing actual calving with binoculars daily (as many calves as 5-8 per day) • Training of horses to prepare them for sales including halter breaking of colts, round penning, first saddling, riding • Maintains all financial records for: Sales (hay, horses, elk, elk velvet, elk antlers, equipment), Accounts Payable (payroll, equipment purchases, electrical for irrigation pumps and pivots, parts, repairs and maintenance, feed, veterinarian supplies, fertilizer, etc.) Steve Simpson… Director of all irrigation piping projects • Gathering of elk for veterinarian and vaccination work • Moving elk in pasture rotation • Marketing of elk antler sales • Marking of elk breeding stock • Gathers and transports elk to butcher for slaughter • Feed management for elk and cattle • Excavator work for digging ditches for new pipelines and general needs • Hay sales • Equipment purchases and sales • De- horning elk • Welding and fabrication • Equipment repairs and maintenance • Order of parts and supplies for equipment • Hay delivering • Tagging newborn calves • Page 10 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 Castrating calves • Haying (mowing, raking, baling, hauling) • Fertilizing hay fields • Fence building • Coordinate and supervise all contract services 4. Section 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The Board adopts the Planning Division’s finding on this criterion. 5. Section 18.16.070. Yards. A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The Board adopts the Planning Division’s finding on these criteria and concur that the proposed setbacks comply with the standards of the EFU zone. IV. DECISION: Based on the testimony and written evidence in the record, the Board of County Commissioners concludes that the applicants demonstrated either compliance with all relevant approval criteria or that it is feasible to satisfy the criteria through the imposition of conditions of approval. Accordingly, MA-12-1 / AD-11-11 is APPROVED , SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: 1. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 2. Prior to issuance of manufactured home placement permits, the applicant/property owner shall sign and record a waiver binding the landowner and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under Page 11 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 ORS 30.936 or 30.937. The applicant shall submit a copy of the recorded document to the Planning Division. 3. The Relative Farm Assistance Dwelling (1932 site built home) shall be occupied only by a relative of the primary farm operator, as that term is defined under 18.16.050(D)(1)(d), and whose assistance in the management of the farm use is required by the farm operator. In this case, the relative providing assistance to the farm operator is Eldon and Marilynn Tobiasson. 4. Beginning in May 2014, the applicant/property owner shall submit an annual report to the Planning Division that identifies the following information regarding the Relative Farm Assistance Dwelling (1932 site built home): a. Who the resident(s) are that reside in the Relative Farm Assistance Dwelling, b. What the resident(s) relationship is to the farm operator, c. What assistance the resident(s) provide(s) to farm operator for the operation of the farm/ranch, d. Verification that the farm operator continues to reside on the property, and e. How the farm operator continues to play a predominant role in the management and ranch/farm use of the property. 5. The 1932 pre-existing dwelling approved under DCC 18.16.050 shall be removed or converted to an allowable use within one year of the date the Relative Farm Assistance Dwelling no longer meets the criteria of DCC 18.16.050. 6. Beginning in May 2014, the applicant/property owner shall submit an annual report to the Planning Division that identifies the following information regarding the Accessory Dwelling (South Home): a. What assistance the resident(s) provide(s) to farm operator for the operation of the ranch/farm, b. Verification that the farm operator continues to reside on the property, c. How the farm operator continues to play a predominant role in the management and farm/ranch use of the property, and d. Verification that the farm/ranch operation is currently employed in farm use and produced $32,500 in gross annual sales in the last two years or three of the last five years. In determining gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. 7. The manufactured home approved under DCC 18.16.050 as an Accessory Dwelling (South Home) shall be removed within 90 days of the date this dwelling no longer meets the criteria of DCC 18.16.050 unless it qualifies to be retained as a dwelling on the property under other provisions of the applicable law. 8. Prior to issuance of manufactured home placement permits for the Accessory Dwelling (South Home) and the primary farm dwelling (North Home), the applicants/owners shall sign and record with the Deschutes County Clerk’s Office a conditions of approval agreement to memorialize conditions 3, 4, 5, 6, and 7. Page 12 of 5 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS in MA-12-1 / AD-11-11 (Simpson) – Deschutes County Document No. 2013-229 9. All lighting on the subject property shall be required to comply with Chapter 15.10 of the Deschutes County Code, the Outdoor Lighting Control Ordinance. All exterior lights shall be sited and shielded so that no direct light projects off-site. 10. The applicant shall obtain any necessary permits from the Deschutes County Building Division and Environmental Soils Division prior to initiation of use of the Accessory Dwelling (South Home) and the primary farm dwelling (North Home). Other permits may be required. The applicants are responsible for obtaining any necessary permits from the Deschutes County Building and Environmental Soils Divisions, the Deschutes County Road Department, as well as any required state or federal permits. V. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and submit an application for placement permits for both manufactured homes within two (2) years from the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. Dated this _______ of ___________, 2013 BOARD OF COUNTY COMMISSIONERS ______________________________________ ALAN UNGER, Chair ______________________________________ TAMMY BANEY, Vice Chair ATTEST: ______________________________________ Recording Secretary ______________________________________ TONY DEBONE, Commissioner Mailed this ____day of ______________, 2013. THIS DECISION BECOMES FINAL UPON MAILING. PARTIES MAY APPEAL THIS DECISION TO THE LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE ON WHICH THIS DECISION IS FINAL.