HomeMy WebLinkAboutOrdinance 004 - EventsDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of Monday, April 16, 2012
Please see directions for completing this document on the next page.
DATE: April 11, 2012
FROM: Nick Lelack Department CDD Phone # 1708
TITLE OF AGENDA ITEM:
Consideration of First and Second Readings, by Title Only, and Adoption by Emergency of Ordinance
No. 2012-004, Amending Title 18 of the Deschutes County Code, to Establish Provisions for Agri
Tourism and Other Commercial Events and Activities, and to Amend the Winery Standards in the
Exclusive Farm Use Zone.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This is a County-initiated text amendment process, which was reviewed by the Deschutes County
Planning Commission at a public hearing on December 8, 2011. The Planning Commission conducted
deliberations on January 12 and 26, and February 9, and voted 4-3 to recommend approval ofTA-11-3.
The Board of Commissioners conducted a public hearing on March 14,2012, closed the oral record,
and left the written record open (public comment period) until March 28, 2012 at 5:00 p.m. Staff
provided a hard copy of the record, a summary matrix of public comments, potential revisions, the
Wildlife Combining Zone Map, and a presentation to the Board at its business meeting on April 4,
2012. The Board conducted deliberations on April 11, 2012 and proposed a few changes.
The text amendments would allow agri-tourism and other commercial events and activities on
Exclusive Farm Use properties if specific standards are met. The amendments also include updates to
the provision for wineries in the EFU zone to establish consistency with State Law.
Staff has provided two drafts of Exhibit B for the Board's consideration. Draft 1 reflects the Board's
direction to staff on April 11,2012 regarding noise standards. Draft 2 removes the previously
discussed noise standards and replaces it with a general noise standard that requires compliance with
the Department of Environmental Quality standards. The reason for Draft 2 is to reflect a 2010 Land
Use Board of Appeal (LUBA) decision (60 Or LUBA 307 2010) that specifically states that a local
government may not "authorize a level of noise that is prohibited by state statutes or administrative
rules.II It is unclear whether the measurement of 70 decibels at the property line for 6 minutes in an hour
complies with DEQ's standards.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Conduct deliberations and if the Board finds it in the public interest to do so:
Motion 1: Approval of first and second readings of Ordinance 2012-004 by title only; then,
Motion 2: Adoption of Ordinance 2012-004.
ATTENDANCE: Nick Lelack, Laurie Craghead, Paul Blikstad
DISTRIBUTION OF DOCUMENTS:
Copies to County Counsel and Nick Lelack