HomeMy WebLinkAbout2012-04-04 Business Meeting MinutesDeschutes 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
WEDNESDAY, APRIL 4, 2012
Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend
Present were Commissioners Anthony DeBone, Alan Unger and Tammy Baney.
Also present were Erik Kropp, Interim County Administrator; Tom Anderson and
Nick Lelack, Community Development; and ten other citizens. No representatives
ofthe media were in attendance.
Chair DeBone opened the meeting at 10:00 a.m.
1. PLEDGE OF ALLEGIANCE
2. CITIZEN INPUT
Cathy Phillips of Benton County (who owns property in Deschutes County)
asked about issues regarding Deschutes River Recreation Homesites. She has
recently been following the groundwater issues here. She said that Deschutes
County only notifies local citizens about these issues which involve swapping
land. She came over with a planner from Benton County. She feels that it is
unjust that some can make decisions for others. Many are absentee property
owners who were only notified by mail.
When the problem was discussed previously, she understood that some of the
areas could become part of a sewer district. Her lots are zoned RR-1 0 and they
can have sewers per Code. Those property owners living along Spring River
Road have been told they cannot have sewers. The biggest atrocity is what has
happened to her lots while she is not looking. There is also this big push for
Project Wildfire. (She gave a map and photos to the Board for reference.) She
is also going to visit the DEQ. She feels there is a thousand yards of debris
remaining on each of the lots she referenced. She is concerned about noise,
dust and other problems.
Minutes of Board of Commissioners' Business Meeting Wednesday, April 4, 2012
Page 1 of 7 Pages
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 4, 2012
Page 2 of 7 Pages
She feels they targeted absentee landowners, offering free brush clearing but
with requirements that the area around the structures be kept clear. It ended up
being a timber harvest. The debris was chopped up and left. Her friend drove
around with her to see these properties. She surveyed just one block area,
owned by 36 absentee owners, and they all say they have heard nothing about
this.
Commissioner Baney said that Ms. Phillips obviously does not have all the
necessary information, but there was legislation regarding the wildfire danger
issue; and the DEQ is handling much of the groundwater process. These issues
have been ongoing for years and all property owners would have been notified
by mail. She asked her to speak with a representative of Community
Development.
3. Before the Board was the Reading of a Proclamation Declaring April 2012
as Child Abuse Prevention Month in Deschutes County.
Commissioner Baney read the Proclamation to the audience. The Commissioners
then thanked representatives of the KIDS Center for their important work.
BANEY: Move signature of the Proclamation.
UNGER: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
4. Before the Board was Consideration of First and Second Readings, by Title
Only, and Adoption by Emergency of Ordinance No. 2012-006, Amending
Code regarding Personal Property and Impounded Vehicle Inventories.
Commissioner Unger said that this clarifies what can be done regarding this
issue, following the lead of changes in State law.
UNGER: Move first and second reading, by title only.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 4, 2012
Page 3 of 7 Pages
Chair DeBone conducted the first and second readings, by title only.
UNGER: Move adoption by emergency.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
5. Before the Board was an Update on the Status of Tetherow Destination
Resort.
Nick Lelack said that it was hoped an update would be available by this time .
There are several different applications, and were hearings before the Hearings
Officer held in January. All of the parties decided to work together to try to
resolve some of the issues, and have asked for a continuance of the Hearings
Officer’s decisions. All the records have been extended until June 1.
Therefore, there will be no update until after that time.
6. Before the Board was a Discussion and Update on Ordinance No. 2012-004,
Establishing Provisions for Agri-Tourism and Other Commercial Events
and Activities, and to Amend the Winery Standards in the Exclusive Farm
Use Zone.
Mr. Lelack stated that the purpose of this presentation is to provide an update
and the record of the item. (He presented a matrix of the information.)
There are a number of comments that either support or oppose the Ordinance
that are not specific on the text amendment. Others are more specific on parts
of some of the amendments. Some support the package as a whole but are still
not comfortable with portions of it. The matrix will only show the comments
that are specific in nature.
Not addressed are economic impacts, whether positive or negative. There are
concerns about quality of life and property rights. Many comments involve
compatibility with farm uses.
The Oregon Department of Fish & Wildlife commented that they would like the
County to implement standards to protect big game winter ranges and migration
corridors during certain times of the year; eagle nesting sites; and sage grouse
protection areas.
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 4, 2012
Page 4 of 7 Pages
Commissioner Baney asked if a property owner would know if there is an eagle
nesting site on his or her property. Mr. Lelack said that he believes Fish &
Wildlife handles this mapping, and these sites can change from year to year.
Commissioner Unger asked if any of these recommendations are already in
Code. Mr. Lelack stated that these are part of Goal 5, in the County’s wildlife
protection combining zones. If the Board supported these comments, they
could be written into the text amendments. However, they are
recommendations and not regulatory.
Mr. Lelack said that there were a lot of new comments provided to the Board
after early January after the Planning Commission hearing was closed. Based
on a lot of those comments received before March 28, when the Board closed
the written record, staff found some common themes and has since then
developed some concepts.
Small scale agri-tourism could qualify for a streamlined, lower-cost process.
A new applicability concept was proposed. This section would state that if
there are thirty or fewer attendees involved, no review is required. Agency
comments were mixed. It is felt to be legally vulnerable, so has been struck.
Type 1 would be up to six agri-tourism events a year, during one calendar year.
Commercial activities would not be permitted; and there would be a minimum
lot size of five acres. The Senate Bill was not clear on this. Attendance would
need to be less than thirty. Staff recommends including this small scale use.
Commissioner Baney asked if this is in response to the farm dinner question.
She wants to be able to facilitate small farm activities related to what is actually
produced on the property. Mr. Lelack said it is.
Some agencies agree that SB 960 requires a four-pronged test: related to,
supportive of, incidental to and subordinate to the existing farm use of the
property.
Staff developed language regarding the revocation of a permit. Public input
was mixed. Staff recommends not including this because it is already stated in
Code.
The most public comments involved noise, lot size and setbacks. This is only
for EFU land but there are historically many lots less than ten acres zoned EFU.
Commissioner Baney said you could have a large parcel, but share a driveway
with the neighbor and have your home close to theirs anyway.
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 4, 2012
Page 5 of 7 Pages
Mr. Lelack said that further ideas from the public and others are included in the
record. He demonstrated how the public can find this information on the CDD
page of the County website.
Board deliberations on the Ordinance are scheduled to begin at the April 11
business meeting.
Commissioner Baney asked how the outdoor mass gathering fits into this. Mr.
Lelack said it is contained in the matrix. The House Bill indicates that events
cannot be combined.
Chair DeBone asked how he can focus on the noise part of this issue. Mr.
Lelack said that there is a lot of information in the record on this aspect. A
summary of other counties’ standards are included. Mr. Lelack stated that
deliberations are supposed to be based on the record to date unless it is
reopened. Commissioner Baney indicated he feels that the sound level can vary
depending on where you are on the property; whether you are at a residence or
at the property line.
Before the Board was Consideration of Approval of the Consent Agenda.
The minutes of the work sessions had not yet been reviewed, so were removed
from the Consent Agenda.
BANEY: Move approval of the Consent Agenda with that exception.
DEBONE Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
Consent Agenda Items
7. Approval of Minutes:
Board Meeting of March 14 and 28, 2012
Work Session of March 26 and 28, 2012
Minutes of Board of Commissioners’ Business Meeting Wednesday, April 4, 2012
Page 6 of 7 Pages
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
8. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District, in the Amount of
$8,435.47.
UNGER: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
9. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-H County Service District, in the
Amount of $810.71.
UNGER: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County, in the Amount of $622,035.21.
UNGER: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
UNGER: Yes.
DEBONE: Chair votes yes.
11. ADDITIONS TO THE AGENDA
None were offered.
The meeting adjourned at 10:55 a.m.
Following the conclusion of the Business Meeting, the Board went into
Executive Session under ORS 192.660(2)( e), Real Property Negotiations;
and/or ORS 192.660(2)(h), Pending or Threatened Litigation; and/or ORS
192.660(2)( d), labor negotiations
DATED this ( --Day of ---",~.L...-_______ 2012 for the (,u, ~
Deschutes County Board of CommissioDeSO
Anthony DeBone, Chair
Alan Unger, Vice Chair
ATTEST:
~~
Recording Secretary
Minutes of Board of Commissioners' Business Meeting Wednesday, April 4, 2012
Page 7 of 7 Pages
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, APRIL 4, 2012
Commissioners' Hearing Room -Administration Building -1300 NW Wall St., Bend
1. PLEDGE OF ALLEGIANCE
2. 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 calls on you to speak.
PLEASE NOTE: Citizen input regarding matters that are or have been the subject ofa public
hearing will NOT be included in the offiCial record ofthat hearing.
3. THE READING ofa Proclamation Declaring April 2012 as Child Abuse
Prevention Month in Deschutes County -Sarah Peterson, Children &
Families' Commission; and Kim Bohme, KIDS Center
Suggested Actions: Read Proclamation; move adoption and signature.
4. CONSIDERATION of First and Second Readings, by Title Only, and
Adoption by Emergency of Ordinance No. 2012-006, Amending Code
regarding Personal Property and Impounded Vehicle Inventories -Darryl
Nakahira, Sheriff's Office
Suggested Motions: Conduct first and second readings by title only; move
adoption o/Ordinance No. 2012-006, by emergency.
5. UPDATE on the Status of Tetherow Destination Resort -Nick Lelack,
Community Development
Board of Commissioners' Business Meeting Agenda Wednesday, April 4, 2012
Page 1 of 6 Pages
6. DISCUSSION and Update on Ordinance No. 2012-004, Establishing
Provisions for Agri-Tourism and Other Commercial Events and Activities, and
to Amend the Winery Standards in the Exclusive Farm Use Zone -Nick Lelack,
Community Development
Note: Deliberations are scheduled to begin at the April 11 business meeting.
CONSENT AGENDA
7. Approval of Minutes:
• Board Meeting of March 14 and 28,2012
• Work Session of March 26 and 28,2012
CONVENE 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
CONVENE AS THE GOVERNING BODY OF THE EXTENSION AND 4-H
COUNTY SERVICE DISTRICT
9. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the Extensionl4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
10. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
11. ADDITIONS TO THE AGENDA
(Tentative) Following the conclusion of the Business Meeting: Executive
Session under ORS 192.660(2)( e), Real Property Negotiations; and/or ORS
192.660(2)(h), Pending or Threatened Litigation; and/or ORS 192.660(2)(d),
labor negotiations
Board of Commissioners' Business Meeting Agenda Wednesday, April 4, 2012
Page 2 of 6 Pages
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(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 Ifyou have questions
regarding a meeting, please call 388-6572.)
Monday, April 2
1 :30 p.m. Administrative Work Session -could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Tuesday, April 3
9:00 a.m. Annual Board Retreat, at 9-1-1 Office, Poe Sholes Road
Wednesday, April 4
10:00 a.m. Board of Commissioners' Meeting
10:30 a.m. (Time approximate -following the business meeting) Executive Session, called under
ORS 192.660(2)(e), real property negotiations; and ORS 192.660(2)(h), pending or
threatened litigation
Thursday, April 5
8:00 a.m. Regularly Scheduled Meeting with the City of Sisters Council, in Sisters
Tuesday, April 10
12:00 noon Annual Family Access Network Luncheon -st. Charles Medical Center
Wednesday, April 11
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, April 16
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, April 4, 2012
Page 3 of 6 Pages
Monday, April 23
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, April 25
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, April 30
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, May 2
10:00 a.m. Board of Commissioners' Meeting
1:30p.m. Administrative Work Session -could include executive session(s)
Monday, May 7
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, May 9
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Thursday, May 10
7:00 a.m. Regular Meeting with the City of Redmond Council, at Redmond City Council
Chambers
Thursday, May 17
11 :00 a.m. Children & Families' Commission Meeting -La Pine
Board of Commissioners' Business Meeting Agenda Wednesday, April 4, 2012
Page 4 of 6 Pages
Monday, May 21 through Friday, May 25
9:00 a.m. (All Day) Budget Meetings
Monday, May 28
Most County offices will be closed to observe Memorial Day
Tuesday, May 29
11:30 a.m. Annual Meeting with Black Butte Ranch Board, at Black Butte Ranch
Wednesday, May 30
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, June 4
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
3:30p.m. Public Safety Coordinating Council Meeting
Wednesday, June 6
10:00 a.m. Board of Commissioners' Meeting
1 :30 p.m. Administrative Work Session -could include executive session(s)
Monday, June 11 -Tuesday, June 12
8:00 a.m. AOC Spring Conference Bend
Wednesday, June 13
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Thursday, June 14
7:30 a.m. Bend Chamber of Commerce Breakfast -Annual County Forecast
Board of Commissioners' Business Meeting Agenda Wednesday, April 4, 2012
Page 5 of 6 Pages
Wednesday, June 18
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, June 25
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Wednesday, June 27
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session -could include executive session(s)
Monday, July 2
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session could include executive session(s)
3:30 p.m. Public Safety Coordinating Council Meeting
Wednesday, July 4
Most County offices will be closed to observe Independence Day.
Thursday, July 5
8:00 a.m. Regularly Scheduled Meeting with the City of Sisters Council, in Sisters
PLEASE NOTE: At any time during this 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 items.
J Board of Commissioners' Business Meeting Agenda Wednesday, April 4, 2012
t Page 6 of 6 Pages
i
1
j
Agenda Item ofInterest tb?eM
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
\A! c.. Cfi1 .'1,at'J Date ___
Name hCl-t~UX= e\A~1 ~)?5
Address f 0 ~"-L , 4-(oS-
CDY'v ct ( ( ~~ 8i2
E-mail address
o In Favor o NeutrallUndecided o Opposed
Submitting written documents as part of testimony? ~Yes 0 No
O"KIDS Center
• c. 'd ''"In\t'A-.nUon ('.nt.tI
Mission Statement
Dedicated to the prevention,
evaluatIon and treatment of
child abuse
... .
-'\
M edlc;al Evaluations
referrals came from community partners
Medical and Forensic Interviews were
each evaluation the team spent:
• 3.5hrs on average with families
• 6.5hrs on average preparing and writing
reports
IM4!(UCal Evaluations: Types of Abuse
M~.tlll·:II1 Evaluations: Types of Abuse
.,."'...........:".... 1:>1.
2
days is the average wait time for medical
waluaUol~s (excludes !Carly's Law cases)
be"n at the time of a child
offerlne c.lsls counsellne for the
'Dilrenlilca.eliverof children seen at KIDS Cente ••
,fllnlly' )UI~po<t)pe<1allsts follow·up with each f~mlly
that needed services are accessed for a
and safe family enYlronment.
Support
233 families served without an evaluation
, 45 minutes on average was spent with a
Family Support Specialist during an
evaluation
,. 2·3 months on average was spent with a
Family Support Specialist for ongoing
assistance
3
Support
6 services families are connected with:
Tht"pv fOt (hl d vkUm Ind orten p"enl/f.f'I'IiIy (GUN"",
Anlst.nct with penon,l u(. (ClolMI. food.lla.s.es.l(hooI
.uppli... II<.1
An unexpected outcome of KIDS Cenler's
Family Support Services is:
176 families assisted with questions and/or
concerns were non-clients
ten:« woru Inco!l abol,Uon with Dnchutft c~,.tt BcNvtOtII
ptO\ide WI.."'OI c:hldren ,"-,M". fNoItd tn the Or.lon
~ 2010.101 dtllkJtM .nd idoeeKtnlS ,Kfh,'cd
thffaptutk ,fMC., 10', 1h~1( df.:Iukrod .,nd Urinl
Pity thor.py Qnd"d.., .Ind I~V. In Inc! Iml....liv. p"vl
'01 Chl.nt Chi'd WtnctivelM"pyJ
4
child and youth served
child is ever turned away
Mi ssion
Work to prevent child abuse from happenIng in
ourcommunity through educotlon, training,
media campaIgns and events.
outreach events are designed to empower
IIlCllVllllua,~, \0 create a community where no
is abused.
Center offers a number of eduutlon and traJnlns
O~,kness to Ught: Stewards of Chllclten
Internet and Te(hnology SafetyTralnln8
SafeTOUCH
• Blue Ribbon Ca_mpaJgn
5
adults trained In Darkness to Ught:
Stewards of Children
'tfYtnUon..... 'S .",pact on (Y'lhlJlloftllttJ·IOJI
Actual Revenue -$1,478,960
' ''':01':1."":)1[_
'"
6
Fln:iinc:lal!;: 2011 Expenditures
.,.. ...0'0
...,.
1(/fIIM,,,<>;.",11"0 work ,oIlobotfJIA" '" OR Ih.wu,
..,."""'",",.~ ./fott to p,o'"fond b#stHrw 1M n~#dJ 0/
f.....,"";",u..../h."/omlll ..
""PO" ofORS4I&.7U 10 41'.796 Is 10 .,..bIi,h.nd
, ,,"i k1l"~''''''''''Iv "",hldl,dpli""" I..m and proIocolJ 10.
1""" ••110". of .ReI"1ons of child .buM .nd plOllld.
' _"",.,ho ~.Iv. """'"10 YlcU", . oIchiid abu•• thtouah
~ coI'''bCI"'~,,, and a <-.l1n.,0<I ,••_ .
DtKhut••Couney,lho DIJlricl AIIO""Y h ..d....".,.d kiDS
I"ho Ch.~ I .nd ("",dln.to, oIlh. MDT.
OBJECTIVES
Pfotectlon 0' the child
Comprehenslve'iet-githerlng
Consistent Intervenllons utilizing thb plotocol
Coordlnallon between agencies
Effective lepl,Intervention to proteet the child
and community
Comprehensive services to children
7
COMPONENTS
' lIw EnfofCtmint Aa.ndts, Obtrkt Altornt(s OffICI,
StMc:.", Desd.ut., County Beh.lvto"I.ad
IUDS C,ntH Medic.' Dfrtctor & bt<ullve """lor
Ch.aIl'.IUYtfti1e Dtp'rtrMftt. "'O!, 1M Prob.ltGn.
Gr.ef, school\. and 'nyothet rRdMdualJ dHmtd n«e..,ry.
rot.........tk"" SKut•. Inl.",d ~Sfd potUI (futotd 10 houw
",,,e,.i I' the MOT (R mHtilttl.
rATAIITYRMIWTEAM:
TUm nMmlMn ,.v~w .. Oeschut.s County ch.i':t (bl,th-18)
duth ,.ports twkt • ~It.
, R.."ltw MOT protocol.nd revi.w cur"nt InutS.
, lOU Issuts: SANE (17",'••11 St. Chaft.l,. Crit ic ,llndden'
R.-spofu. Protocol, S4nsithtt Cast R.vMW Protocol.
lralninc opportuniUu for MDT m.mbtrs "I"dint eNid
",.'u;.I<IW ..... "" nttwo"'i".; P'O'Ii:t. po!lc y.nrI 1.,.1
from 1M Vlrious , .."dIS .nd to .ddr.ss any llolHl
"llrdi", cM d .buse thl' ."kf.nlir..d In 'M Cne
AnItw T'Im mettinls.
Intftft,I/lltdtonk (,im.,Atollnst th "'"n,p'....,lf'oi 'V Det,cU.', '.1,1\ Nttm.n, lNt(huks VI rriff" otn<.t
.'*'''MOl Con'",4nct h.1d In Jun. toYf'~" v.t1~''1 01 topCl
rtfl1c4lO(hMabult
• AtxItlvt Hud TfMINI (Ot. St. G~rm'ln )
8
Join the 2012
BLUE RIBBON Campaign
During National Child Abuse
Prevention Month each April,
the Blue Ribbon Campaign is
used throughout the country
as a way to bring communities
together to protect children.
The Blue Ribbon Campaign began
in the spring of 1989 when Bonnie
Finney of Virginia lost her grandson,
Michael Dickenson. The three
year old died at the hands of her
daughter's abusive boyfriend.
Bonnie tied a blue ribbon to her
car -symbolizing the blue of her
grandson's bruises -and encouraged
to Prevent Child Abuse
Child Abuse happens EVERYDAY
in Central Oregon
Recognize It • Report It • Prevent It
Thank you to our sponsors:
her community to do the same.
Each year in Central Oregon, more
than 50,000 blue ribbons are
distributed locally by volunteers and
community partners.
Show your support and wear your
ribbon throughout April.
Look inside the enclosed
envelope for your Blue Ribbon
Q KI OS Center
a ch ild abuse intervention center
0 ~COPA
CENTRAL OREGON bendbroadba.nd™
PEDIATRIC ASSOCIATES we're the local dog. we better be good.
With support from:
American Licorice, Bend Garbage & Recycling,
Gobeille Orthodontics, SELCO Community Credit Union and Smolich Motors
Bluefish Dental & Orthodontics, Central Oregon Heating & Cooling,
Drs . Richard Koller, Craigan Griffin and Francena Abendroth Neurologists
and East Cascade Women's Group
RYDER Graphics The Bulletin
www.kidscenter.org 1375 NW Kingston Ave, Bend, OR 97701 541-383-5958
Learn more abou t child abuse
Myths and Facts about Child Abuse
MYTH : Child abuse is a rare occurrence .
FACT: Last year Child Welfare received over 2000 reports of child abuse in Deschutes
County alone. Over 600 Central Oregon children suspected of being abused walked
through KIDS Center's doors for evaluation and treatment services in 2011.
MYTH : A child who is being abused will immediately tell their parents.
FACT : Most child abuse victims never report the abuse. Their abuser typically seeks to
make the victim feel that he or she caused the offender to act inappropriately or that the
family will be hurt if a child were to disclose their abuse.
MYTH : Most sexual abuse is committed by someone who's a stranger to the child.
FACT: Statistics show that more than 90 % of children who are sexually abused know their
victims. Often the abuser is a family member or someone the family trusts.
MYTH : Children lie about sexual abuse.
FACT : Children usually do not have the explicit sexual knowledge to enable them to talk
about sexual acts unless they have experienced them.
Recognize
and Report
Some, but not all, abused children
exhibit physical or behavioral signs.
These may include:
• Nervousnes around adults or
a particular adult
• Aggression, pa ivity or
over-compliance
• Sudden changes in
personality or schoolwork
• Inability to stay awake or
concentrate
• Not wanting to go home
• Low self-esteem
• Unexplained bruises or
injuries
• Poor hygiene
Since few children ever come
forward to report abuse, make sure
you recognize the signs and ask
questions. You don't have to know
all the answers.
So many times we have heard
victims tell us that if a person would
have asked them if someone was
hurting them, doing something they
didn't like or asking them to keep
secrets ... they would have told
someone.
We know it takes courage but you
may be their only hope. Please don't
ignore your instincts.
REPORT YOUR SUSPICIONS
On behalf of children everywhere,
we thank you. Children deserve to
be safe.
Call 911 or 541-693-2700
(DHS Child Welfare) to report
suspected child abuse.
www.kidscenter.org 1375 NW Kingston Ave, Bend, OR 97701 541-383 -5958
April Community Calendar of Events
Come to our Opening Ceremony!!
April 6, 4:00 pm -5:00 pm,
Outside Bend La Pine Education Cente r , Bend (across from the Library)
Join us and show your outward support as we kick off the annual Blue Ribbon Campaign to
Prevent Child Abuse. Enjoy free food, inspirational words, music by the Bend Children's Choir
and presentation of our "Prevention Partner of the Year" Awards .
Be sure to add these other events to your calendar.
Raise Me Up Campaign
Monday, April 2,12:15 pm
Deschutes County Courthouse
You don't have to raise a foster child to
raise them up. Just raise your hand and say
you'll help. This flag raising event builds
support and shows how it's possible to
improve the lives of children by getting
involved . Community members are needed
to join hands around the Court House to
represent the number of children that
spent at least one day in foster care last
year. To find out how you can help visit
www.raisemeup.oregon.gov. Call CASA of
Central Oregon at 541-389-1618 for event
information.
Blue Ribbon Sunday
Sunday, April 8
Join your local faith community in
highlighting the issue of child abuse in
Central Oregon . Through reflection and
action another step can be taken in the
prevention of child abuse. To learn more
about Blue Ribbon Sunday or to request
blue ribbons, contact Kim Bohme at KIDS
Center 541-383-5958 x 248.
Child Health and
Development Screenings
Friday, April 6 · Redmond
Friday, April 20 -La Pin e
Friday, April 27 -Prineville
Healthy Beginnings offers FREE Child
Health and Development Screenings.
It is open to all children ages birth
to five years old regardless of family
income.
Screenings include: health, dental,
hearing, vision, behavior, nutrition,
speech, and much more. Visit www.
myhb.org or call 541-383-6357 for
more information .
www.kidscenter.org
Eat, PLAY, Love! A
Celebration of Young Families
Friday, April 20, 4:30 pm -7:00 pm
En sworth Elementary School Gym
Join us for this free fun-filled family event.
Dinner will be provided to families and live
music will be played. Many activities will be
held that promote learning through play.
CASA's Light of Hope
Run d Walk
S nday, Apr il 22, Rlverbend Park, Be nd
CASA 's Fifth Annual event features a 10K ,
5K and 1K walk/run. Proceeds benefit
abused and neglected children in the
court system. For more info call CASA of
Central Oregon at 541-389-1618 or visit
www.casaofcentraloregon.org.
he ole-Brain Child:
An Evening with Tina Payne
Bry on Ph.D
Friday, April 27,7.00 pm -8.30 pm
Pinckney Auditorium in Pence Hall,
Central Oregon Community College
Join th is informative evening
discussion with Dr. Tina Payne Bryson,
a psychotherapist at Pediatric and
Adolescent Psychology Associates in
Arcadia, California at the Mind Institute.
Her bestselling book, co-authored with Dan
Siegel, The Whole-Brain Child addresses
the ways in which families, schools, and
communities can support children's
neurological development. She speaks
about this topic at many events around the
country .
This event is presented by the: Central
Oregon Chapter for the Oregon Association
for the Education of Young Children and
The Partnerships for Young Children,
In Collaboration with Central Oregon
Community College Early Childhood
Education Program.
1375 NW Kingston Ave, Bend, OR 97701
Start
First F:. YOUr rtday ~ &;arly!!
Want to see inside
KIDS Center?
Join us for a one hour in-depth tour of
KIDS Center. See our friendly center
and learn more about how KIDS Center
helps children and families take the
first step toward healing. Sign up
on line or contact Joni Gullixson at
541-383-5958 x 269 for reservations.
Tours are available all year long. Private
tours are available on request.
• Tuesday, April 3, 5:00-6:00 pm
• Friday, April 20, 12:00 -1 :00 pm
Internet Safety
Training
The Internet can be a wonderful
resource for children's learning and
development. Kids who are old enough
to punch a few letters on a keyboard
can literally access the world. However,
technology and the Internet also
playa direct role in the se x ualization
and potential abuse of children . This
training includes how to block certain
sites, how to talk to your children about
using the Internet safely and some
simple steps to help them reduce their
risk of being approached online.
• Wednesday, April 11, 5.30 -7:30 pm
• Wednesday, April 18, 5.30 -7:30 pm
Sign up on our website or contact Kim
Bohme at 541-383-5958 x 248
Sponsored by: " ~
bendbroadband'
we'l'"C" t he loc al dog we better be good
See the back page for information and
times for the Darkness to Light -Stewards
of Children training.
541-383-5958
Prevention Partners of the Year Sign up today!
For our 2nd Annual Prevention Partner award , KIDS Center will honor 3
community partners for their outstanding commitment to helping raise
awareness about child abuse in Central Oregon .
The following organizations will be awarded at the Opening Ceremony :
Pilot Butte Retirement Center -Year after year the residents and
visitors have cut and tied thousands of ribbons to distribute through The
Bulletin and to local businesses in efforts to raise awareness of the Blue
Ribbon Campaign's mission .
M.A. Lynch Elementary School in Redmond -For their
outstanding commitment to protect children in their care from se x ual
abuse , inside and outside of school. Lynch uses the SafeTOUCH curriculum
in classrooms to engage students in discussions of 'OK' and 'Not OK' touch .
They also hold an annual Darkness to Light presentation for staff and parents
to participate and learn how to better protect our children from child se x ual
abuse.
21 Cares for Kids -As a 1/ 21 Cares for Kids" partner, KTYZ ha s committed
their resources to support Ch ild Abuse Prevention and Awareness for KIDS
Center. Countless in-kind donations, news coverage, and volunteer hours
have helped spread the message throughout Central Oregon.
Join us for our Blue Ribbon Campaign Opening Ceremony on April 6th at the
Bend -La Pine Education Center (downtown-across the street from the library)
to help celebrate their continued efforts to prevent child abuse in Central
Oregon . Enjoy free food, singing by the Bend Children's Cho ir and special
guest speakers .
Early Childhood Wellness
Early
It's My Body! Workbook
This interactive workbook is ideal for
parents to read with their children
aged 4-7.
It helps children understand body
boundaries and saying "No" to
uncomfortable touches. Help your
child be a superhero.
The book can be purchased for $3 at
www.kidscenter.org.
Thank you
to the businesses
who have donated
items and time for
the Blue Ribbon
Opening Ceremony.
• Bellatazza
• Bend Broadband
• COPA
• Ida's Cupcakes
• Newport Market
When pregnant mothers and young children
are healthy, a prosperous Central Oregon is
in the making. New research shows that early
experiences build brain and body architecture;
much like the foundation of a house.
Each experience lays groundwork for the next
Chil dho o d
W ellness
LASTS A LIFETIME
PARTNER
set of skills, like reading and math. Early childhood wellness launches
a lifetime of learning, success and productive citizenship.
~I Cares For more information please visit: www.deschutes.org/ecwellness ~K;ds
,,-Wtl\flf:N'"
... UU, u·
www.kidscenter.org 1375 NW Kingston Ave, Bend, OR 97701 541 -383-5958
..
4/4/2012
Oniinance 2012-004, Text Amendment File. TA-11-3
April 4, 2012
"" "These events dramatically increase traffic, noise,
and increase general human impact that are similar
to impacts associated with urban environments...
Department requests that the County implement the
following protection standards to continue to protect
sensitive big game habitat (winter ranges and
migration corridors) and sensitive bird nesting
habitat while still allowing individuals to have the
number of events allowed by this ordinance."
Wineries/. Agri-Tourism &
Commei'dal EventS
Overview
"" Provide a copy of written record (available online)
"" Public comments
"" ODFW comments
"" Staff concepts
"" Provide a matrix summarizing public comments on
specific draft text amendments
"" Finding document online
Public Comments
Ii<)
'"
Ii<)
Public comments:
o Reasons 10 suppori or oppose Ord. 2012-4)04
o Support oppose or Changes to specific text amendments
o Support TA-11-3 as a compromise
Matrix ONLY summarizes comments addressing specific
text amendments
Many comments NOT summarized in the matrix address:
o Economic impacts
o Property/quality of life impacts (e.g .. property rights, values)
o Compatibility with farm uses, surrounding land uses, legal, elc.
Oregon Dept. of Fish & WiJ~Il!~~!trr
Recommendations:
1. Within the County adopted big game winter ranges,
events not allowed December -March.
2. Within the County adopted big game migration
corridors, events not allowed in April and October
November.
3. Wit.hin the County adopted Golden and Bald Eagle nest
~events not allowed February -August, unless a site
has had no nesting attempt or the nest has fa.iled whlch
could be determined in May.
4 Within County adopted Sage Grouse Lek protection
areas, events not allowed March -April.
Staff Concepts
'" Many new comments provided to Board at the public
hearing and in writing.
'" In response to some common themes raised at the Board
public hearing, staff developed concepts for public input
between March 21-28:
o Small-scafe agri-tourism onJ)' uses that would qualify for it
streamlined, lower cost review process
o Clarity on the qualificalion requirements for 53 %0
o Code enforcement procedures, revocalion of permit
1
4/4/2012
..., Staff proposed a new" Applicability" concept:
"This section applies to agri-tourism involving more than 30
attendees on more than 3 calendar days per calendar year, and 10
ail commercial events and activities. Agri-tourism Involving 30 or
fewer attendees not more than 3 times per calendar year and in
compliance with OCC Chapter 8.08 Noise Conlrol al all times does
not require review and approval under this section."
'" Public/ Agency Comments: Mixed. Legally vulnerable. SB
960 agri-tourism & other commercial events or activities
ALL require permits.
'" Siaff recommends NOT including this section to reduce
legal vulnerability.
, .~
Small-Scale Agri-Tourism Only Uses
,: -'
'" Type 1. Up to six (6) agri-tourism events in a calendar year if:
o Crileria set forth in 18.16 .04 2(C)(2)(d-j).
o May not, individually, exceed one calendar day.
o Commercial events or activities are not permitted.
o Minimum lot or parcel size: 5 acres .
o Comply with DCC Chapter 8.08 Noise Control at ali times. Sound
amplification and sound producing devices are prohibited .
o Max attendance is 30 at anyone lime for all non-residents.
'" Publici Agency comments: Mostly support.
'" Staff recommends including this small-scale type of agri
tourism only use. What should be the minimum lot si ze?
5 acres? 10 acres? Larger? None?
Clarity on Qualifications
'" DLCD, Oregon Farm Bureau, Oregonians-in-Action, etc.
agree SB 960 requires agri-tourism &other commercial
events or activities to be:
1. Related to .nd
2. Supportive of itgriculture, ilnd
3. Incidental ilnd
; . Subordinate to
the existing (,urn use of Ihe tract.
'" Staff proposes clarifications to the text to ensure these
requirements are met. DLCD supports these changes.
..., Staff proposed a concept to reference the revoca tion of a
permit procedures in County Code and to specifically
identify the Board as the Hearings Body for such matters.
If the provisions of this section or the limited use permit approval
are not met, OCC 18.140.080 shall appty. The Board of County
Commissioners shall serve as Ihe Hearings Body.
..., Public comments: mixed and confused.
'" Staff recommendation: Do NOT include this section.
o Unnecessary and no other code section contains this reference.
o Confusing.
o Consistency with other code sections/violations.
'" Recommendations generating the most public comments:
o Noise
o Lot size
o Setbacks
'" Public comments offered new ideas. Staff will provide
responses per the Board's direction.
'" Discuss or summarize malrix?
Finding Documents Online
1. Main website: http://www.deschutes.org/
2
------
4/4/2012
2. Oick on "Community Development" at bottom of site:
0 ,'" --..
...
.
Ordinance 2012-004. T ..! Amendment File N TA-ll·3
April 4. 2()12
Finding Documents Online
3. Click on "Development Explorer (Document Search):
n! .:.: 7:
rdeVelopment e plo,., .1
-,,--.--
Finding Documents Online
4. Click on "Document Search" tab at top, type in File No.
(TAl13) either in "File Number" area, or in "Description":
" ., 4,, ___ _ . -
Idev e lopment e pforer ----.--.
0
--------------,----'
~-
~ -r--
!..---_.
3
STAFF DRAFT Aoril4. 2012
,,**•• " Denotes portions oftbe code not amended by Ordinance 2012-004.
Cbapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.010. Purpose.
18.16.020. Uses Permitted Outrigbt.
18.16.025. Uses Permitted Subject to tbe Special Provisions Under DCC Section 18.16.038 and a
Review Under DCC Cbapter 18.124 For Items C Tbrough M.
18.16.030. Conditional Uses Permitted -High Value and Nonbigh Value Farmland.
18.16.031. Nonresidential Conditional Uses on Nonbigb Value Farmland Only.
18.16.033. Nonresidential Conditional Uses on Higb Value Farmland Only.
18.16.035. Destination Resorts.
18.16.037. Guest Rancb.
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
18.16.040. Limitations on Conditional Uses.
18.16.042 Agri-Tourism and Other Commercial Events or Activities Limited Use Permit
18.16.050. Standards for Dwellings in tbe EFU Zones.
18.16.055. Land Divisions.
18.16.060. Dimensional Standards.
18.16.065. Subzones.
18.16.067. Farm Management Plans.
18.16.070. Yards.
18.16.080. Stream Setbacks.
18.16.090. Rimrock Setback.
" ••••" Denotes sections oftbe Desebutes County Code not amended by Ordinance 2011-004.
****
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC
Section 18.16.042 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.
C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are not within
3 miles of an acknowledged urban growth boundary, on non-high value farmland.
D. Churches and cemeteries in conjunction with churches consistent with ORS 215.441, that are within 3
miles of an acknowledged urban growth boundary, subject to the approval of an exception pursuant to
ORS 197.732 and OAR chapter 660, division 004, on non-high value farmland.
E. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the
existing use.
F. Utility facilities necessary for public service, including wetland waste treatment systems, but not
including commercial facilities for the purpose of generating elcctrical power for public use by sale and
transmission towers over 200 feet in height. A utility facility necessary for public service may be
established as provided in DCC 18.16.038(A).
G. Winery, as described in ORS 215.452.
H. Farm stands, subject to DCC 18.16.038.
Chapter 18-16 (12011)
Page 1 of9 -EXHIBIT B to Ordinance 2012-004
I. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
1. A facility for the processing of farm crops, or the production ofbiofuel as defined in ORS 315.141, that
is located on a farm operation that provides at least one-quarter of the farm crops processed at the
facility.
a. The building established for the processing facility shall not exceed 10,000 square feet of floor area
exclusive of the floor area designated for preparation, storage or other farm use or devote more than
10,000 square feet to the processing activities within another building supporting farm uses.
b. A processing facility shall comply with all applicable siting standards but the standards shall not be
applied in a manner that prohibits the siting ofthe processing facility.
c. The County shall not approve any division of a lot or parcel that separates a processing facility from
the farm operation on which it is located.
K. Agri-tourism and other commercial events and activities subject to DCC 18.16.042.
(Ord. 2012-004. §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2,2004)
***.
18.16.038. Special Conditions for Certain Uses Listed Under DCC 18.16.025.
A. A utility facility necessary for public use allowed under DCC 18.16.025 shall be one that is necessary to
be situated in an agricultural zone in order for service to be provided. To demonstrate that a utility
facility is necessary, an applicant must show that reasonable alternatives have been considered and that
the facility must be sited in an exclusive farm use zone due to one or more of the following factors:
1. Technical and engineering feasibility;
2. The proposed facility is locationally dependent. A utility facility is locationally dependent if it must
cross land in one or more areas zoned for exclusive farm use in order to achieve a reasonably direct
route or to meet unique geographical needs that cannot be satisfied on other lands;
3. Lack of available urban and non-resource lands;
4. Availability of existing rights of way;
5. Public health and safety; and
6. Other requirements of state and federal agencies.
7. Costs associated with any of the factors listed in 1-6 above may be considered, but cost alone may
not be the only consideration in detennining that a utility facility is necessary for public service.
Land costs shall not be included when considering alternative locations for substantially similar
utility facilities that are not substantially similar.
8. The owner of a utility facility approved under this section shall be responsible for restoring, as
nearly as possible, to its fonner condition any agricultural land and associated improvements that
are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the
facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a
bond or other security from a contractor or otherwise imposing on a contractor the responsibility for
restoration.
9. In addition to the provisions of 1-6 above, the establishment or extension of a sewer system as
defined by OAR 660-0 11-oo60( I)(f) in an exclusive farm use zone shall be subject to the provisions
of OAR 660-011-0060.
10. The provisions above do not apply to interstate gas pipelines and associated facilities authorized by
and subject to regulation by the Federal Energy Regulatory Commission.
11. The County shall impose clear and objective conditions on an application for utility facility siting to
mitigate and minimize the impacts of the proposed faci Iity, if any, on surrounding lands devoted to
farm use, in order to prevent a significant change in accepted farm practices or a significant increase
in the cost of farm practices on surrounding fannlands.
Chapter 18·16 2 (/20\1 )
Page 2 of9 -EXHIBIT B to Ordinance 2012-004
B. Wineries are subject to the following:
L A winery, authorized under Dee 18.16.025 is a facility that produces wine with a maximum annual
production of:
a. Less than 50,000 gallons and that:
i. Owns an on-site vineyard ofat least 15 acres;
ii. Owns a contiguous vineyard of at least 15 acres;
iii. Has a long-tenn contract for the purchase of all of the grapes from at least 15 acres of a
vineyard contiguous to the winery; or
iv. Obtains grapes from any combination of i, ii or iii ofthis subsection; or
b. At least 50,000 gallons and fie ffIElRl thaft JilO,OOO gallens the winery:
i. Owns an on-site vineyard of at least 40 acres;
ii. Owns a contiguous vineyard of at least 40 acres;
iii. Has a long-tenn contract for the purchase of all of the grapes from at least 40 acres of a
vineyard contiguous to the winery; or
iv. Obtains grapes from any combination of i., ii, or iii ofthis sub-section.
3. The ...viflel)' saall aile ..... eflly the sale €IF.
a. Wiaes \3!'eoolled ia eeajaaetiea wita the 'Maery; aad
e. Items diRletiy related te wifle, the sales €If 'lmieh are iallideRta:l 1e retail sale ef \'.~He ea site.
Saeh items iaeltlde these sefWd ey a limited serville Rlstll\fF!ll1t, IlS Gefiaed ifl OR~ (;24.010.
4. Prier te issllftftee efa \3eFff1it te estaBlish a , ....iaery, the a\3\3lieaat shall she'll that 'l-ifle)'ards, deseAeed
aader either 1 er 2 aeeve, ha'ie eeeR \3lanted er that the eefitfaet aIlS eeef!: elleeatetl, IlS 8\3\3lieehie.
3. 8taadards im\3esed ea tae sitiflg aCa wiael)' shall ee limited selel), te eaeh erthe fel\ewiag fer the
sele \3t1IJlese ef limitiflg demenstfated ooflfliets with aeOOflled famtiag er fares! \3faetilles ea
adjaeeRt lands:
a. EstaelishmeRt €If a setBaeiE, aet te 6')(eeed 100 Met, fFilm all \3feJlert;' Iiaes fer the wtHeF)' aaa all
\3oolie gatheARg \3laees; aad
e. Pt-e>,isioa ef diRlet !'ead alleess, iatemal eirealatiofl afld \3arlaRg shall Be demoflstrated threagh
site \3laa Fe'liew ooder DCC 18.124.
(; A\3\3!'e¥al era '1.~ae",' shall flet ee a basis fur aa e*eil\3tiea ander ORS 197.732(1)(<11 er (9).
2. A winery may:
a. Market and sell wine produced in conjunction with the winery, including the following
activities:
i. Wine tours:
II. Wine tastings in a tasting room or other location at the winery;
iii. Wine clubs: and
iv. Similar activities conducted for the primary pw:pose of promoting wine produced in
conjunction with the winery;
b. Market and sell items directly related to the sale or promotion of wine produced in conjunction
with the winery, the marketing and sale of which is incidental to retail sale of wine on-site,
including food and beverages served by a limited service restaurant. as defined in ORS
624.010; and
c. Provide services, including private events, hosted by the winery or patrons of the winery, at
which wine produced in conjunction with the winery is featured. that:
i. Are directly related to the sale or promotion ofwine produced in conjunction with the
winery;
ii. Are incidental to the retail sale of wine on-site; and
iii. Are limited to 25 days or fewer in a calendar year.
h'. The maximl:!ffl llIi1naer sf eOillfHl!roial eveRts Sf! a lot, parael or traet may RSt exeeed the
!tJtftI Htllflber sf e\'eHts allewea bY any iooi';iatlal laaa Hse 8Jifl!'&yal. iRelaaing. b~t l'Ie~
limitee to, those 'lfJPFe'.ea HHser Dec Chapter \&.19.042, Agri tewism aae other
Chapter 18-16 3 (12011)
Page 3 of9 -EXHIBIT B to Ordinance 2012-004
C6Il'I:fHereiai B¥ens 6f Aethrities, aftd DCC Ckae*er 8.1 e, Events, Paraaes. fl;lHeral
Preeessieas ana Omaeer Mass Gal:keriBgs.
3. Gross Income.
a. The gross income of the winery from the sale of incidental items pursuant to subsection (2)(b)
of this section and services provided pursuant to subsection (2)(c) of this section may not
exceed 25 percent of the gross income from the on-site retail sale of wine produced in
conjunction with the winery.
b. The winery shall submit to the Deschutes County Community Development Department a
'written statement, prepared by a certified public accountant. that certifies compliance with this
section for the previous tax year by April 15 ofeach year in which private events are held.
4. A winery operating under this section shall provide parking for all activities or uses on the lot,
parcel or tract on which the winery is established.
5. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show
that vineyards described in subsections (8)(1) of this section have been planted or that the contract
for the purchase of grapes has been executed as applicable.
6. The siting ofa winery shall be subiect to the following standards:
a. Establishment of a setback of at least 100 feet from all property lines for the winery and all
public gathering places.
b. Shall comply with DCC Chapter 18.80, Aitport Safety Combining Zone, and DCC 18.116.180,
~Setbacks for the Protection of Solar Access.
7. A permit may be issued for a winery operating under this section to host outdoor concerts for which
admission is charged facility rentals or celebratory events if the permits were issued to wineries
operating under this section in similar circumstances before July 31, 2011.
8. As used in this section, "private events" includes, but is not limited to, facility rentals and
celebratory gatherings.
9. A winery is subject to the following public health and safety standards:
a. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone
hand washing stations.
b. No event, gathering or activity may begin before 7:00 a.m. or end after 10:00 p.m., including
set-up and take-down oftemporary structures.
c. All noise, including the use of a sound producing devi~sl,lch as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or unamplified,
shall:
i. Not exceed seventy (70) dB,A at any time between 7:00 a.m. and 10:00 p.m. at the
boundary of the propertv on which the winery is located.
ii. Comply with DCC Chapter 8.08 Noise Control between the hours of 10:00 p.m. and 7:00
a.m. the following day.
iii. Be measured in dB,A, which means the sound level in decibels measured using the A
weighted network as specific in American National Standard Specification for Sound Level
Meters using a standard sound level meter in good condition.
d. Transportation.
i. Demonstrates that the parcel, lot or tract has direct access, such that the lot, parcel or
tract on which commercial events or activities at the winery will occur:
I. Fronts on a public road; or
2. Is accessed by an access easement or private road, and all underlying property
owners and property owners taking access between the subject property and the
public road consent in writing to the use of the road for commercial events or
activities at the time of initial application.
II. Adequate traffic control must be provided by the property owner to address the
following:
Chapter I 8-16 4 (12011)
Page 4 of9 -EXHffilT B to Ordinance 2012-004
1. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
2. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of tile Manual of Uniform Traffic Control
Devices.
e. Structures.
i. All permanent and temporaor structures and facilities are subject to fire, health and life
safety reguirements, and shall comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
ii. Compliance with the reguirements of the Deschutes County Building Safety Division shall
include meeting all building occupancy c1~sification requirements of the State of Oregon
adopted building code.
r. Inspection of event premises authorization. The applicant shall provide in writing a consent to
allow law enforcement, public health. and fire control officers to come upon the premises for
which the Limited Use Permit has been granted for the Puwoses of inspection and enforcement
of the terms and cQnditions of the permit and DCC Chapter 18.16 Exclusive Farm Use Zone
and DCC Chapter 8.08 Noise ControL and any other applicable laws or ordinances.
10. DCC Chapter 18.16.038(8}, Sections (2c),(3), (8) and (9) sunset on January 1,2014.
(Ord. 2012-004 §2, 2012, Ord. 2010-022 §2, 2010; Ord. 2009-014 §I, 2009; Ord. 2008-001 §2, 2008; Ord.
2004-001 §2,2004)
****
18,16,042 Agri-Tourism and other Commercial Events or Activities Limited Use Permit
A. Agri-tourism and other commercial events or activities related to and supportive of agriculture may
be approved in an area zoned for exclusive farm use only if the standards and criteria in this section
are met.
B. ,611Plieeeili!y. This !,eetieH ¥f!lies te agti _teliflsm ift'ielviftg ml;"!~ tRaR 3~ attefteees eft mere t!lafl ___ .
tF.Fee ealeRelif eays per ealeR8ar 'lear, aRe Ie all eefflffiefeial e"eRts aRe aeti'lities. Agri tetiflSm ,
ift'lel'iiHg 30 af !ewer att!!flaees Het mere thaH tafee times per ealeaaar year aRe iH eomplianee '/Iiili ,,
A. DCC Ca!!fller B.OB Naiso COHtroI at all times sees flet rllEltiife rllyiew ane aaara'lal tIIlE:ler iliis .,
seetioft. , ,
B. Application. The application shall include the following.
I. The General Provisions information required in DCC 22.08.0 I O.
2. A written description of:
a. The proposal.
b. The types of agri-tourism and other commercial events or activities that are proposed to be
conduct~d, including the number and duration of the agri-tourism and other commercial events
and activities, the anticipated maximum daily attendance and the hours of operation, and how
the agri-tourism and other commercial events or activities will be related to and supportive of
agriculture and incidental and subordinate to the existing farm use of the tract.
c. The types and locations of all permanent and temporary structures, access and egress, parking
facilities. and sanitation and SQIid waste to be used in connection with the agri-tourism or other
commercial events or activities.
3. A traffic management plan that:
a. Identifies the projected number of vehicles and any anticipated use of public roads;
b. Provides an assurance that one traffic control person shall be provided for each 250
persons expected or reasonably expected to be in attendance at any time during the awi-
Chapter J8-J6 5 (12011)
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Level: 1 + Numbering Style: A, B, C, ... + Start
at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"
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Formatted: Indent: Lett: 0.25", No bullets or
numbering
tourism and other commercial event or activity. The traffic control personnel shall be
certified by the State of Oregon and shall comply with the current edition of the Manual
of Uniform Traffic Control Devices.
c. Demonstrates that the parcel. lot or tract has direct access such that the lot. parcel or
tract on which commercial events will occur:
i. Fronts on a public road; or
ii. Is accessed by an access easement or private road. and all underlying property
owners and property owners taking access between the subject property and the
public road consent in writing to the use of the road for agri-tourism and other
commercial events or activities at the time of initial application.
4. Inspection of Event Premises Authorization. The ilPPlicant shall provide in writing a
consent to allow law enforcement, public health. and fire control officers and code
enforcement staff to come uoon the premises for which the Limited Use Permit has been
granted for the purposes of inspection and enforcement of the terms and conditions of
the permit and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08
Noise Control. and any other applicable laws or ordinances.
C. Approval Criteria.
1. Type 1. Up to six (6) agri-tourism events in a calendar year on a tract may be approved by a limited
use permit that is personal to the applicant and is not transferred by. or transferred with. a
conveyance of the tract, if in compliance with:
a. Criteria set forth in 18.16.042(C)(2}(d-D.
b. May not,individually. exceed one calendar day.
c. Commercial events or activities are not permitted.
d. Minimum lot or parcel size: 5 acres.
e. Comply with DCC Chapter 8.08 Noise Control at all times. Sound amplification and sound
producing devices are prohibited.
f. The maximum attendance is 30 at anyone time for all non-residents of the tract.
g. Where there is a conflict between this section and DCC 18.16.042(C}(4-12), the more
restrictive criteria shall apply.
1;2. Type 2. Up to six (6) agri-tourism and other commercial events or activities in a calendar year on a
tract may be approved by a limited use permit that is personal to the applicant and is not transferred
by, or transferred with, a conveyance of the tract, if in compliance with:
a. Minimum lot or parcel size: 10 acres.
b. Agri-tourism events may not, individually. exceed a duration of 72 consecutive hours.
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours ofoperations is included within the duration of 72 consecutive hours.
c. Commercial events or activities may not. individually, exceed a duration of 30 consecutive
hours, excluding set-up and take down of all temporary structures and facilities. The limitation
on the hours ofoperations is included within the duration of 30 consecutive hours.
d. Must be incidental and subordinate to existing farm use of the tract. and shall be related to and
supportive of agriculture.,
e. Set-up and take down of all temporary structures and facilities shall occur up to one business
~rior to the agri-tourism and other commercial events or activities and one business day
after the agri-tourism and other commercial events or activities between 7:00 a.m. and 10:00
PJ!1.
f. May not require that a new permanent structure be built. used or occupied in connection with
the agri-tourism or other commercial events or activities.
g. May not. in combination with other agri-tourism or other commercial events or activities
authorized in the area, materially alter the stability ofthe land use pattern in the area.
h. Must comply with ORS 215.296.
Chapter 18-16 6 (/2011)
Page 6 of9 -EXHIBIT B to Ordinance 2012-004
i. Limited Use Pennits approved under this section expire two years from the date of awroval.
jg. Limited Pennits may be renewed for an additional two years subject to:
i. An glication for renewal; and
ii. Demonstration of compliance with conditions that apply to the limited use pennit and
awlicable provisions in this section. DCC Chapter 18.16.042.
-i Formatted: Indent: Left: OS, Tab stops: Net I
.!:;3. Type 3. Agri-tourism or other commercial events or activities may be awroved by a limited use at O· + I" + 2.25"
permit that is personal to the awlicant and is not transferred by, or transferred with. a conveyance
of the tract. more frequently or for a longer period than allowed under 18.16.042(C)(1) and (2) if
the agri-tourism or other commercial events or activities is in compliance with:
a. Criteria set forth in 18.16.042(C)(2)'d)(e)(O<g) and (h).
b. Must be incidental and subordinate to existing commercial faon use of the tract and are
necessary to suPPOrt the commercial faon uses or the commercial agricultural enterprises in the
area.
c. Minimum lot or parcel size: 160 acres.
d. Do not exceed 18 commercial events or activities in a calendar year.
e. Commercial events or activities may not. individually. exceed a duration of 24 consecutive
hours, excluding set-up and take down of all temporary structures and facilities. The limitation
on the hours ofooerations is included within the duration of24 consecutive hours.
t: Agri-tourism events may not. individually, exceed a duration of 72 consecutive hours, -[ Formatted: Indent: Left: OS
excluding set-up and take down of all temporary structures and facilities. The limitation on the
hours ofoperations is included within the duration of 72 consecutive hours.
fg,No more than two commercial events or activities may occur in one month.
~h. Limited Use Penn its approved under this section expire four years from the date of approval.
&.,i,Limited Use Penn its may be renewed at four year intervals subject to:
i. An application for renewal:
it Public notice and public comment as part ofthe review process.
iii. Demonstration of compliance with conditions that awly to the limited use pennit and
applicable provisions in this section. DCC Chapter 18.16.042.
;h~,The area in which the agri-tourism or other commercial events or activities are located shall be
setback at least 100 feet from the property line.
+'5, Notification of agri-tourism and other commercial events or activities.
a. The property owner shall submit in writing the list of calendar days scheduled for all agri
tourism and other commercial events or activities by April 1 of the subject calendar year or
within 30 days of new or renewed limited use pennits, if after April I, to Deschutes County's
Community Development Department and Sheriffs Office, and all property owners within
500 feet of the subiect property.
b. The list of calendar dates for all agri-tourism, commercial events and activities may be
amended by submitting the amended list to the same entities at least 72 hours prior to any
date change.
c. If such notice is not provided, the property owner shall provide notice by Registered Mail to
the same list above at least 10 days prior to each agri-tourism and other commercial event or
activity.
d. The notification shall include a contact person or persons for each agri-tourism and other
commercial event or activity who shall be easily accessible and who shall remain on site at all
times, including the person's) contact infonnation.
~6.Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand
washing stations.
Chapter 18-16 7 (120 II)
Page 70f9 EXHIBIT B to Ordinance 2012-004
(~7. Hours of Operation. No agri-tourism and other commercial event or activity may begin before
7:00 a.m. or end after 10:00 p.m.
+-'8. Overnight camping is not allowed.
8-:9. All noise, including the use of a sound producing device such as, but not limited to, loud
speakers and public address systems, musical instruments that are amplified or unamplified,
shall:
a. Not exceed seventy (70) dB.A at any time between 7:00 a.m. and 10:00 p.m. at the boundary of
the property on which the agri-tourism or other commercial event or activity is located.
b. Comply with DCC Chapter 8.08 Noise Control between the hours of 10:00 p.m. and 7:00 a.m.
the following day.
c. Be measured in dB,A, which means the sound level in decibels measured using the A-weighted
network as specific in American National Standard Specification for Sound Level Meters using
a standard sound level meter in good condition.
10. Transportation Management.
a. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that
prevent dust, and may include paving, gravel, cinders, or bark/wood chips.
b. Driveways extending from paved roads shall have a paved apron, requiring review and
approval by the County Road Department.
c. The parcel, lot or tract has direct access as defined in DCC Chapter 18.16.042(3)(c).
d. Adequate traffic control must be provided by the property owner to address the
following:
1. There shall be one traffic control person for each 250 persons expected or
reasonably expected to be in attendance at any time.
ii. All traffic control personnel shall be certified by the State of Oregon and shall
comply with the current edition of the Manual of Uni form Traffic Control Devices.
1).,lJmmmmmmHealth and Safety Compliance
a. All permanent and temporary structures and facilities are subiect to fire, health and life
safety requirements, and shall comply with all requirements of the Deschutes County
Building Safety Division and the Environmental Soils Division and any other applicable
federal, state and local laws.
b. Compliance with the requirements of the Deschutes County Building Safety Division
shall include meeting all building occupancy classification requirements of the State of
Oregon adopted building code.
12. If tHe pfs\'isieRs sf this seetisR ef the Iimites \:Ise lleffRit aWfeyallll'e RSt met. DCC _____ ... _ - { Formatted: Strikethrough
18.14Q.Q8Q SHall ael'ly. THe Belli'S sf Cel:lRty CemmissisRefs SHall seA'e as tHe HeariRgs
Formatted: Indent: Left: 0.5", Tab stops:
0.75", Left
(Ord. 2012-004, §2, 2012)
~
lS.16.0G3 Single Permit.
A. The maximum number of agri-tourism and other commercial events or activities on a lot, parcel
or tract may not exceed the total number of commercial events allowed by any individual land
use approval, including a winery authorized under DCC 18.16.038(8), and events, outdoor mass
gatherings or extended outdoor mass gatherings authorized under DCC Chapter 8,16, • _ . _ _ _ _ _ _ _ _ of Formatted: Font: Bold, No underline
B. The following permits may not be combined:
I, aAgri-tourism and other commercial events or activities under DCC 18.16.042,
2. wWinery under DCC 18.16.038(8),
3. eEvents, outdoor mass gatherings,~ extended outdoor mass gatherings, parades or funeral
processions authorized under DCC Chapter 8.16,
Chapter 18-16 8 (12011)
Page 8 of9 -EXHIBIT B to Ordinance 2012-004
4. BHome occupation for commercial events or activities.
(~d.2012-004,§2,2012)....
Chapter 18-16 9 (12011)
Page 9 of 9 -EXHIBIT B to Ordinance 2012-004
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