HomeMy WebLinkAboutDowns Appeal DecisionDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 29, 2012
Please see directions for completing this document on the next page.
DATE: July 25,2012
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Public Hearing on a Type 2 Limited Use Permit for six commercial events and activities (weddings) in
an Exclusive Farm Use zone (file no. LUP-12-2).
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
Kerry and Deborah Downs applied for a Limited Use Permit to conduct up to six weddings on their
39.83-acre parcel in the Exclusive Farm Use zone. The Planning Division has issued an Administrative
Decision approving the permit. The Board signed Order No. 2012-031, initiating review of the
decision. The public hearing has been rescheduled for Wednesday, August 29,2012. All parties are
being sent notice of the hearing.
This is the first Deschutes County land use decision on an application under Deschutes County Code
18.16.042, Agri-tourism and other commercial events or activities Limited Use Permit. The Board's
decision will establish policy implications by interpreting the provisions of DeC 18.16.042.
FISCAL IMPLICATIONS:
The cost of a hearing before the Board.
RECOMMENDATION & ACTION REQUESTED:
The Board will need to decide whether to uphold the Planning Division's administrative review and
approval of the Limited Use Permit (Application no. LUP-12-2). The Planning Division recommends
that the Board uphold the administrative decision.
ATTENDANCE: Nick Lelack, Paul Blikstad
DISTRIBUTION OF DOCUMENTS:
Planning Division staff will send notice to all parties of the Board's decision on LUP-12-2.
FINDINGS AND DECISION
FILE NUMBER: LUP-12-2
APPLICANT/OWNER: Kerry and Deborah Downs
24885 Dodds Road
Bend, OR 97701
REQUEST: The applicant is requesting a Type 2 Limited Use Permit for a
commercial events or activities facility on a 39.83-acre parcel in
the Exclusive Farm Use zone.
STAFF CONTACT: Paul Blikstad, Senior Planner
I. APPLICABLE CRITERIA:
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use Zone
Title 22, Deschutes County Development Procedures Ordinance
Oregon Revised Statutes 215.296
II. BASIC FINDINGS:
A. LOCATION: The subject property has an assigned address of 24885 Dodds Road,
Bend, and is identified on Deschutes County Assessor's Map 18-14 as Tax Lot 903.
B. LOT OF RECORD: The subject property is a legal lot of record pursuant to being parcel
1 of Partition Plat No. 1992-06.
C. ZONING: The subject property is zoned Exclusive Farm Use – Alfalfa subzone (EFU-
AL). This property is designated Agriculture on the Deschutes County Comprehensive
Plan.
D. SITE DESCRIPTION: The subject property is 39.83 acres and has an existing dwelling
and barn, as well as an open air structure with enclosed restrooms, which are accessed
from an existing driveway off of Dodds Road. The topography of the site is level to
rolling, and the site includes a hay field and irrigated pasture surrounded by fences.
There is a lawn area adjacent to the dwelling, as well as a graveled area adjacent to the
LUP-12-2, Downs Page 2
dwelling and barn. The property is served by an existing domestic well, and an on-site
septic system.
E. SURROUNDING LAND USES: The properties to the west, northwest, south and east
consist of residences with some farming occurring, which are also zoned EFU-AL. To
the north across Dodds Road is land under the administration of the Bureau of Land
Management (BLM – 18-14, 100).
F. PROPOSAL: The applicant proposes to establish a commercial events or activities
facility on the subject property. The applicant is proposing to utilize the existing site as a
wedding facility, with up to six commercial events/weddings each year from June 1
through September 30. The applicant’s burden of proof states the following:
“These weddings tend to be very similar with respect to many characteristics. With one
exception we have never had a request for a wedding on any day other than a Saturday.
Therefore, that is the day that most if not all of these events will take place. The day
before (Friday) will consist of some minimal preparation such as setting up chairs and
tables. This activity usually occurs in the late afternoon and lasts no more than 2-3
hours. Typically there will be 125-150 people in attendance on the day of the wedding
(Saturday). The typical Saturday wedding day consists of the following: The wedding
participants (12-20 people) will arrive around 1 p.m. to allow time for pictures and final
preparation. Around 3:30 p.m. the guests will start arriving and the wedding ceremony
will usually commence around 4:00 p.m. The typical wedding ceremony lasts 30-45
minutes and a reception with all of the guests and participants follows. By 8:00 p.m. the
majority of people in attendance will have left. By 9:00 p.m. over 80% of the people in
attendance will have left. By 10:00 p.m. everyone will have left and vacated the
property. The following day (Sunday) consists of final clean-up and involves no more
than 2-3 people with everything picked up and done by 11:00 a.m.”
G. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several
agencies and received the following comments:
1. Deschutes County Environmental Soils Division: The proposed change in use for
the Accessory structure served by an onsite wastewater treatment system will
require an Authorization Notice to determine that the existing onsite system is
sufficient to serve the proposed use.
2. Deschutes County Transportation Planner: I have reviewed the submittal
materials to hold up to six weddings in June-Sept. on a 40-acre parcel at 24885
Dodds Road, Bend, aka 18-14-00, TL 903. The applicant’s materials state the
peak day will be Saturday with attendees ranging from 125-150 people.
Assuming two people per vehicle, that would result in 63-75 additional vehicles
on Dodds Road. The most recent count (2010) on Dodds indicates 680 average
daily traffic (ADT) 0.07 miles north of US 20 and 176 ADT 0.10 miles south of
Alfalfa Market Road. There is adequate capacity on Dodds Road to handle these
events as the County allows 9,600 ADT on existing County roads as an
acceptable level of service (LOS).
3. Deschutes County Road Department: The Road Department received a copy of
this letter from Edna McBride concerning the land use application LUP-12-2.
She referenced the driveway and the danger with animals crossing so I looked
LUP-12-2, Downs Page 3
up the driveway permit and this access was approved through MP-91-35. It
required an easement from the BLM at this location as the property didn’t front
Dodds Road and they had to cross BLM property to get to Dodds. It doesn’t
appear there were any issues with sight distance so I really don’t know what can
be addressed concerning her issue with crossing wildlife.
4. County Building Safety Division: I met briefly with Downs and Nick Lelack.
Based on their description of the proposed use and the permit history, the
Building Division has no further requirements.
5. The following agencies did not respond to the notice: Central Oregon Irrigation
District, Central Electric Cooperative, Pacific Power and Light, Bend Fire
Department, County Assessor, Bureau of Land Management.
H. PUBLIC COMMENTS: The Planning Division sent notice of this proposal to all property
owners within 750 feet of the subject property. The following written comments were
received:
Edna Joanne McBride: “I share the East boundary of said property. My front door is in
direct line with said ‘barn.’ I am 147 feet from the property line, making it 404 feet from
this structure, with roadway making it even closer. I believe this is a little close.
“I cannot object [to] this application for fear of reprisal. You see, I am the one who
turned him in for not having permits on this barn. He has threatened me if I take any
more pictures of his weddings I will be sorry. Also the other neighbors West of Downs
share the same well, which happens to be on Downs property. So you c an see, you are
not going to get any objection from any of them. The Denhams across the road have
moved away. I would however like you to look into the application for said barn. I don’t
believe the bathrooms were set up for 150 to 200 people in a single day. Also, how can
having weddings generate any sales of hay crops. My daughter and I had a meeting
with Mrs. Downs last fall, and she informed us that they do not charge for the weddings.
These are all friends of there [sic] children from collage [sic], and they will continue to
have them if we like it or not.
“There is however, some confusion on the entrance to Downs driveway onto Dodds
Road. There is a small hill that blocks the vision both directions when pulling out onto
Dodds Road. This is where the Deer and Elk cross from the BLM into our property. Our
neighbors totaled their car hitting a deer on this hill. It is not if, but when someone tears
out the drive at 10:00 at night in the dark and hits an animal or vehicle. You as decision
makers upon your approval, will be responsible for said accident. I know the county
decision will not affect your life, but it will certainly affect my quality of living.”
Gary Dodds: “I have reviewed the notice of application letter regarding Kerry and
Deborah Downs limited use permit for a type 2 commercial events or activities facility on
EFU land. The file number is LIP-12-2 @ 24885 Dodds Road, Bend, OR.
I have reviewed the Down’s application and request the permit be denied for the
following reasons:
1. No sign posted as required.
2. Permits are being appealed by Central Oregon Landwatch.
LUP-12-2, Downs Page 4
3. No demand. Only two permits applied for county wide.
4. Events held in hay barn building has agricultural or commercial permit?
5. Permit states wedding held on non-productive land. But in fact land is irrigated
by Central Oregon Irrigation water rights. Land may be non-productive to hay but
still producing non-native vegetation (farm use).
6. Downs and Dodds share a well. No compensation plan in place to amend for
excessive water use.
7. Permit specifies generation of hay sales at weddings. One Craig’s list add would
sell more hay than 6 weddings. Very ineffective sales method.
8. Farm tax deductions or commercial events. Weddings do not qualify for farm
use tax assessments. (Please reference the attached Information Circular)
9. According to profit or loss from farming tax forms accompanying the permit
application, the tax loss is less without weddings.”
I. NOTICE REQUIREMENTS: The applicant complied with the posted notice
requirements of Section 22.23.030(B) of Deschutes County Code (DCC) Title 22. The
applicant submitted a Land Use Action Sign Affidavit, dated May 16, 2012, indicating the
applicant posted notice of the land use action on that same date.
J. REVIEW PERIOD: This application was submitted on May 11, 2012. The Planning
Division sent an incomplete letter dated May 24, 2012. The applicant submitted an
addendum to the application, which was received on May 29, 2012. This application
was thus deemed complete and accepted it for review on May 29, 2012.
K. ADJACENT PARCELS: The properties in the area that are within one mile of the
boundaries of the subject property are as follows:
Tax Lot No. Owner Size (Acres) Dwelling Farm Use Tax Deferred
18-14, 904 Dodds 39.82 1993 Grass hay Yes
18-14, 1001 McBride 39.39 1930/1998 Pasture,
horses
Yes
18-14, 1000 Bussard 37.94 1989 Pasture Yes
18-14, 1101 Penland 20 1980 Grass hay Yes
18-14, 1105 Duren 30 1927 Pasture Yes
18-14, 1103 Fortin 5 1997 Pasture No
18-14, 1102 Cook/Ross 22.61 2006 Grass hay No
18-14, 1104 Phillips 11 1977 Pasture,
cattle
Yes
18-14, 1100 Floyd 71.59 1972 Grass hay Yes
18-14, 301 Roberts 89.94 1993 Grass hay,
pasture
Yes
18-14, 302 Thompson 2.68 2004 None No
18-14, 303 Rubaloff 3.93 2005 None No
18-14, 1203 Clarno Cattle 42.88 2000 Pasture Yes
18-14, 1200 Clarno 122.90 1971 Grass hay Yes
18-14, 100 USA/BLM 19,377 No None No
18-14, 300 COID 480.53 No None No
18-14, 700 COID 211.28 No None No
18-14-7,
100
Deschutes
County
9.93 No None No
18-14-7, 402 Denham 42.15 1988 Pasture Yes
18-14-7, 401 O & M Inc. 4.38 2002 None No
LUP-12-2, Downs Page 5
Tax Lot No. Owner Size (Acres) Dwelling Farm Use Tax Deferred
18-14-7, 400 O & M Inc. 71.90 No Pasture,
Grass hay
Yes
18-14-7, 405 Winger 26.26 No None No
18-14-7, 404 Olsen 25 2007 None No
18-14-7, 200 Swan
25 No None No
18-14-7, 300 Gerhardt 34.84 1997 None No
18-14-7, 600 Bradetich 5.22 1984 Grass hay Yes
18-14-7, 700 Williamsen
5.41 2000 None No
18-14-7, 800 Moriarty 59.53 1996 Grass hay,
pasture
Yes
18-14-7, 900 Conners 36.16 2001 Grass hay Yes
18-14-7, 901 Pensco 38.09 No Grass hay Yes
18-14-7, 902 Pensco 2 No None No
18-14-7, 500 Robinson 21.70 1994 Grass hay,
pasture
Yes
18-14-7, 100 Deschutes
County
9.93 No None No
III. CONCLUSIONARY FINDINGS:
Title 18, Deschutes County Zoning Ordinance.
A. CHAPTER 18.16. EXCLUSIVE FARM ZONE
1. Section 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.
K. Agri-tourism and other commercial events and activities subject to DCC
18.16.042.
FINDING: The applicant is proposing a commercial events and activities facility, consisting of a
wedding venue. The criteria under DCC 18.16.042 are addressed in this decision. There are
no criteria under DCC 18.16.038 for the proposed use, and it is not subject to site plan review
under DCC Chapter 18.124.
2. Section 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.
FINDING: The applicant is proposing a commercial events or activities facility, which will
consist of conducting weddings at the site. The standards under DCC 18.16.042(C) are
addressed below.
LUP-12-2, Downs Page 6
B. Application. The application shall include the following.
1. The General Provisions information required in DCC
22.08.010.
FINDING: The applicant has submitted a copy of a warranty deed (Vol. 410 Page 2847)
demonstrating that the applicants are the owners of the subject property. The applicant has
submitted the Limited Use Permit application form, a burden of proof statement addressing the
criteria in DCC 18.16.042, the filing fee of $785.00, and has submitted the affidavit attesting to
the fact that the land use action sign was posted on the property on May 16, 2012.
2. A written description of:
a. The proposal.
FINDING: The applicant has addressed the above standards on pages 1-3 of the burden of
proof statement. The applicant states that up to 6 commercial events/weddings will be held on
the property each year from June 1 through September 30. The applicant has also stated that,
based on past experiences, weddings are generally on a Saturday. The applicant’s burden of
proof states that the day before the wedding (Friday) includes preparation of the site, including
setting up chairs and tables. The weddings generally have 125-150 people in attendance. The
applicant provides a description of the Saturday activities, including the wedding and reception
and the times that they occur. The time frame for activities on Saturdays is from approximately
1:00 p.m. to 10:00 p.m., when, according to the applicant, everyone will have left and vacated
the property. The following day (Sunday) consists of final clean-up that involves 2-3 people,
with everything picked up and done by 11:00 a.m. Access and egress, parking facilities, and
sanitation and solid waste operational characteristics are addressed below.
b. The types of agri-tourism and other commercial events
or activities that are proposed to be conducted,
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 on the tract.
FINDING: The applicant addressed 2(b) above with the following statements in the burden of
proof:
“There exists an undeniable connection to these activities and the agricultural
practices that I conduct on my property. The couples that wish to have their
wedding ceremony on our farm have a multitude of other options to choose from
for their wedding site (hotels, resorts, golf courses, churches, parks, forests, etc.)
but are interested in my location because they WANT to have their wedding on a
farm. Specifically they want to be in an open air rural environment surrounded by
lush green fields. They choose and want to have their wedding in an
environment that includes the sounds and sights of irrigation sprinklers, tractors,
hay balers, etc. These attributes and connections do not exist anywhere else
other than a farm setting. Further, I have 90-100 tons of Orchard Grass Hay that
needs to be sold annually. By exposing 125-150 people to my farm (per event) I
LUP-12-2, Downs Page 7
will routinely and invariably generate some hay sales from hosting a wedding on
our farm. These sales become an important part of my operation because the
volume of Hay that I produce dictates that my sales are spread over several
small transactions vs. one or two large transactions.
“Not counting maintenance activities during the winter months my farm operation
encompasses approximately 183 days of actual production with the onset of the
irrigation season to the end of the irrigation season. The proposed events with
this limited use permit will encompass at most 6 days during the time frame of
June-September with those 6 days only utilizing 8-10 hours of time farm per
event. The total amount of land usage for these events is approximately 2 acres
(non-productive land). Therefore, these proposed events utilize the following:
Time as a percentage of farm production year – 3.2%
Time as a percentage of total year – 1.6%
Land usage as a percentage of total parcel – 5.02%
“In summary, the appeal and indication of interest I receive from future
grooms/brides for the purpose of having their wedding on my farm is because of
my farm operation rather than in spite of it being a farm.”
Senate Bill (SB) 960, approved by the State Legislature in 2011, is the legal basis for DCC
18.16.042. SB 960 establishes the “related to and supportive of agriculture” standard, as well
as the “incidental and subordinate to a farm use” standard. The law, however, does not define
these terms or phrases. Staff has not found the “related to and supportive of agriculture”
standard defined elsewhere in state law or Land Use Board of Appeals (LUBA) decisions.
Several LUBA decisions address the “incidental and subordinate to a farm use” standard, but
each case appears to be applicable to the particular circumstances of the subject application,
property, and local regulations.
Therefore, to better understand and apply the meaning and intent of these terms and phrases,
staff looks to the following sources:
1. The Oregon Department of Land Conservation and Development’s “Guide to
Wineries and Events in EFU Zones” dated, March 1, 2012;
2. The Webster’s New W orld Dictionary; and
3. The Association of Oregon Counties (AOC) Farmland Activities Task Force Final
Report and Recommendations, dated December 13, 2010. This report was the
basis for SB 960 and is included in the State Legislative record for SB 960 and
Deschutes County’s record for the ordinance adopting DCC 18.16.042.
Staff summarizes each of these sources in order.
1. DLCD’s “Guide to Wineries and Events in EFU Zones” states:
“Q: What does ‘related to’ and ‘supportive of’ agriculture mean in SB
960? What about ‘incidental and subordinate?’
LUP-12-2, Downs Page 8
A: We interpret ‘related to’ and ‘supportive of’ to mean that the
proposed agri-tourism or other commercial event or activity is
physically and/or economically logically connected to, and
supports, an existing on-site farm operation. For example, ‘related
to’ could mean that the proposed event involves a product that is
produced on site that has a meaningful and significant relationship
to the proposed event. ‘Supportive of’ could involve the
generation of supplemental income to support a farm. ‘Incidental
and subordinate’ means that the event or activity is strictly
secondary and ancillary to on-site farming in terms of income
generated, area occupied, and off-site impacts.”
2. Webster’s New World Dictionary defines:
Related: “connected or associated, as by origin or kind”
Supportive: “that gives support, help or approval”
Incidental: “happening as a result of in connection with something more
important; secondary or minor”
Subordinate: “inferior to or placed below another in rank, power, importance,
etc.; secondary”
3. AOC Farmland Activities Task Force Final Report and Recommendations
Page 4. “The Task Force realizes these recommendations may not provide an
opportunity to conduct activities and events on farmland which do not promote
farm use. However, we believe it is a good basis for providing balance between
the conservation of farmland and the need of farmers to use their land in
beneficial yet non-traditional ways.”
Page 6. “The Farmland Activities Task Force developed a set of principles with
the assistance of state agencies and other interested parties to guide its work. A
list of issues was also compiled based upon the responses to the statewide
survey referenced above and the comments and discussion of the Task Force.
“Principles
The FATF developed and approved the following principles:
1. Give preference to ‘farm use’ as defined in ORS 215.203(2) (a) on
farmland.
2. Support economic activities that compliment farm use.
3. Seek opportunities for better communication between those wishing to
establish nontraditional farm uses and those who may be impacted by
such activities.
4. Ensure compliance with public health, environmental health and safety
requirement when establishing other uses on farm land.
LUP-12-2, Downs Page 9
5. Ensure activities associated with ‘farm use’ (i.e. efficient operation of
equipment and transport of products to market in a timely manner) are not
impaired.
6. Assist counties with establishment of clear, transparent, and to the extent
possible, consistent processes for consideration of traditional and
nontraditional farm activities.
7. Identify ‘best practices’ in the public process for consideration of nonfarm
issues on farm land.”
Staff believes the key components of this criterion for which findings must be made are:
1. Is there a farm use, as defined in ORS 215.203(2), on the property?
2. How is the commercial event related to and supportive of agriculture?
3. How is the commercial event incidental and subordinate to the farm use?
Staff addresses each component of this criterion in order.
1. Is there a farm use, as defined in ORS 215.203(2), on the property?
Oregon Revised Statute (ORS) defines a farm use under ORS 215.203(2) as:
“(2)(a) As used in this section, “farm use” means the current employment of land
for the primary purpose of obtaining a profit in money by raising, harvesting and
selling crops or the feeding, breeding, management and sale of, or the produce
of, livestock, poultry, fur-bearing animals or honeybees or for dairying and the
sale of dairy products or any other agricultural or horticultural use or animal
husbandry or any combination thereof…”
Staff finds this element of the criterion is met because the primary use of the property is to seek
a profit in money by the sale of Orchard Grass Hay.
2. How is the commercial event related to and supportive of agriculture?
DLCD’s interpretation of “related to”’ and “supportive of” mean that the commercial event or
activity is “physically and/or economically logically connected to, and supports, an existing on-
site farm operation.” The agency’s Guide states, “‘related to’ could mean that the proposed
event involves a product that is produced on site that has a meaningful and significant
relationship to the proposed event. ‘Supportive of’ could involve the generation of supplemental
income to support a farm.”
Staff poses a series of questions and answers/findings to address this issue.
Do commercial events include commercial weddings?
Staff finds the answer to this question is “yes,” commercial events include commercial
weddings. The text amendment to adopt SB 960 into Deschutes County Code (DCC) also
included a new definition of “commercial event or activity.” As defined in DCC:
“Commercial event or activity” means any meeting, celebratory gathering,
wedding, party, or similar uses consisting of any assembly of persons and the
LUP-12-2, Downs Page 10
sale of goods or services. It does not include agri-tourism. In DCC 18.16.042, a
commercial event or activity shall be related to and supportive of agriculture.
In addition, while weddings have historically occurred on farms throughout Central Oregon and
across the state and nation, they are not considered a traditional farm activity. In public
testimony on Deschutes County Ordinance 2012-004 adopting SB 960 and new definitions into
Deschutes County Code from several sources, including AOC, Oregonians In Action, the
Oregon Farm Bureau, and others, weddings were clearly contemplated as an allowed use as a
commercial event or activity under SB 960 for properties with an existing farm use. The AOC
Task Force Final Report and Recommendations supports this testimony in its principles (listed
above), which call for “economic activities that support farm use,” “activities associated with
‘farm use;’” and “consideration of traditional and nontraditional farm activities.” Weddings are an
economic activity that support a farm use, a nontraditional farm activity, and an activity
associated with a farm use.
In comments to Deschutes County during consideration of Ordinance 2012-004, DLCD Policy
Analyst Michael Morrissey and Farm/Forest Specialist Katherine Daniels, wrote:
“We aren’t sure a wedding meets a definition of agri-tourism, but it isn’t hard to see it as
an ‘other commercial event.’ The department believes that ‘related to and supportive of
agriculture’ (together with ‘incidental and subordinate’) is specific to the site. That means
there needs to be on-site farming taking place, and that any wedding activities must
either provide supplementary income to a farm operation that earns a larger income, so
that they financially ’support’ the onsite farming. It could also mean that wedding
activities must use products grown on the farm as part of the wedding activities (e.g.,
flowers from a flower farm, etc.). However, as an example, a free standing 15 -acre
‘wedding mill,’ on an EFU zoned site, with a dwelling and a personal backyard vegetable
garden would not meet the standards, in our opinion.”
Are weddings physically and/or economically logically connected to a farm use, and
specifically to a hay operation?
The applicant’s burden of proof statement explains that weddings are physically and
economically connected to the existing 39.83-acre farm and helpful to the farm use on the
property. Commercial weddings are physically connected to this specific farm by people
choosing to have their wedding in a pastoral setting with its green fields, irrigation sprinklers,
tractors, hay balers, and associated sounds. In addition, weddings are economically connected
to this farm by the importance of hay sales at such events in the overall farm operation,
according to the applicant. The burden of proof states, “These sales become an important part
of my operation because the volume of Hay that I produce dictates that my sales are spread
over several small transactions vs. one or two large transactions.” In addition, the applicant
states in the burden of proof, “I will routinely and invariably generate some hay sales from
hosting a wedding on our farm.”
Weddings also are supportive of this farm by providing supplemental income.
How are commercial weddings economically connected to this farm use?
Deschutes County Planning Director Nick Lelack called and asked the applicant, Mr. Downs, on
June 11, 2012 how the commercial weddings facilitate sales of hay at these events. Mr. Downs
LUP-12-2, Downs Page 11
explained that his direct involvement in and attendance throughout all commercial events on his
property provide him with opportunities to integrate hay sales with weddings by:
1. Bringing people to his farm who otherwise would not or do not know about it; and
2. Providing him opportunities to “network” in person with the wedding party,
attendees, and associated service providers about his agricultural practices, the
types of grasses growing on the farm, and the potential uses for the hay.
Mr. Downs explained that these “networking” opportunities have directly lead to hay sales in the
past, and he has customers today who continue to purchase hay that he previously met while
conducting weddings on his farm.
The sales of Orchard Grass Hay to event attendees, and the supplemental income generated
by events to support the agricultural operations, creates a direct economic connection between
the commercial events and the applicant’s agricultural operations.
Staff finds the proposed commercial weddings are related to and supportive of agriculture for
this application.
3. How is the commercial event incidental and subordinate to the farm use?
Staff identifies two components to this question:
1. There must be farm use, as defined in DCC 18.04.030, occurring on the property.
2. The commercial event must be lower in rank or importance, or secondary and
ancillary, to the farm use. It also means that the intensity, scope, duration, etc. of
the commercial event must be judged proportionate to the scale of the farm use.
The first component is addressed above. A farm use exists on the property.
Therefore, the second and primary question is whether the commercial weddings are incidental
and subordinate to the farm use.
The applicant’s burden of proof statement demonstrates compliance with this standard based
on the amount of time and land used for the weddings compared to that of the farm use.
Specifically, the applicant is applying for six (6) days each year to conduct weddings. A few
hours the day before and a few hours the day after the six (6) wedding days would be used for
set-up and take down. This total amount of time is less than 5% of the overall total amount of
time for farm production each year (183 days), according to the application.
The area occupied by the wedding events is less than three acres, including the parking area.
The County Assessor’s records indicate the property has 34 irrigated acres. Therefore, the area
used for weddings is less than 10% of that used for farming.
Staff finds that the wedding event time period and land area are incidental and subordinate to
the farm use on the property.
LUP-12-2, Downs Page 12
In sum, staff finds a qualifying farm use on the subject property, and that the commercial
weddings are related to and supportive of agriculture and incidental and subordinate to the
existing farm use.
Staff finds this criterion is met.
c. The types and locations of all permanent and temporary
structures, access and egress, parking facilities, and
sanitation and solid waste to be used in connection with the
agri-tourism or other commercial events or activities.
FINDING: The applicant addressed c., above, on page 3 of the burden of proof as follows:
“All activities related to these events will take place exclusively on non-productive farm
ground (approximately 2 acres) within my 40 acre property. Traffic to these events
comes via Hwy 20 to Dodds Road (traveling east) with a direct access right hand turn
onto our driveway. The first 660 feet of our driveway is a paved surface with the final
250 feet via a rocked portion of the driveway into a 2 acre grass horse pasture used for
parking event vehicles (this pasture is not part of my hay production ground). Traffic
into, on, and from our property is solely on either a paved surface, rock surface, or grass
surface and produces absolutely zero dust. All of the wedding event activities
(ceremony/reception) occur within the landscaped portion of our residence. We utilize
an accessory structure to our residence (an open air structure) for a portion of the event
activities. Sanitation and solid waste for people attending these events is handled by
two (2) county permitted restrooms in the accessory structure. These restrooms are
serviced via a county dedicated/permitted septic system exclusively for these two (2)
restrooms.”
Staff finds that the applicant has adequately described the structures on the property, as well as
access and egress, parking and sanitation. Any solid waste would be disposed of at the County
landfill. Staff has imposed conditions of approval to address this standard.
Staff finds this criterion is met with the conditions of approval.
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 agri-
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.
FINDING: The applicant addressed these criteria on page 3 of the burden of proof as follows:
“The proposed events under this limited use permit will generate 30-50 vehicles usage
for all participants/guests of the event. Virtually all of the vehicles travel from Bend east
on Highway 20 to Dodds Road. They then travel east on Dodds Road to a direct right
LUP-12-2, Downs Page 13
hand turn onto our property. Access to our property is a direct turn with no crossing of
the opposing lane of traffic. When existing our property the vehicles turn left onto Dodds
Road with excellent visibility in both directions for traffic ent ering Dodds Road. For all
events I will place temporary signage on Dodds road alerting motorists to an “event in
progress” both east and west of our driveway on Dodds Road. As unlikely as it may
seem, if we ever host an event that exceeds the 250 participants threshold we will also
provide a licensed traffic control person (certified by the State of Oregon) stationed at
the entrance of our driveway to Dodds road.
Staff finds that the applicant has adequately described the number of any anticipated number of
vehicles for the event site. The anticipated number of guests (125-150) will require that at least
one traffic control person must be on-site during the wedding event. Any attendance over 250
will require a second traffic control person.
Staff finds this criterion is met with the requirement under “b” above as a condition of approval.
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.
FINDING: Approximately one-half of the subject property (west half) has direct frontage on
Dodds Road. The east half of the property appears to have a sliver of land under the
administration of the Bureau of Land Management, with a right-of-way grant (OR 47891) to
cross this land. According to BLM staff, this right-of-way has been extended in perpetuity
(Decision letter is in the record).
Staff finds this criterion is met because the BLM has extended the right-of-way grant, they
consent to the use of the road by the applicant.
4. Inspection of Event Premises Authorization. The applicant shall
provide in writing a consent to allow law enforcement, public health,
and fire control officers and code enforcement staff to come upon
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.
FINDING: The applicant states the following in the burden of proof:
“If the County has a written form for this consent document I will provide a signed
version upon receiving my Limited Use Permit. Otherwise I will draft a version if
necessary.
LUP-12-2, Downs Page 14
Staff finds that this requirement is met with a condition of approval that the consent form be
submitted to and approved by the Planning Division prior to the first commercial event.
C. Approval Criteria.
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.
FINDING: The subject property is 39.83 acres. Staff finds this criterion is met.
b. Agri-tourism event 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 of operations is included within the duration of 72
consecutive hours.
FINDING: The applicant is not proposing any agri-tourism events. This criterion is not
applicable.
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 of operations is included within the duration of
30 consecutive hours.
FINDING: The applicant has stated in the burden of proof that each proposed event will last
between 8-10 hours in consecutive duration, and the events will be conducted on six calendar
days each year. Set up and take down will occur for a few hours the day before and the day
after the commercial event is conducted.
Staff finds this criterion is met and imposes a condition of approval based on the application
submitted limiting commercial events to the applicants proposal – 6 calendar days each year,
excluding the set-up and take down of all temporary structures and facilities.
d. Must be incidental and subordinate to existing farm use of
the tract, and shall be related to and supportive of agriculture.
FINDING: The findings for this criterion are addressed above. Staff incorporates those findings
herein by reference. Staff finds this criterion is met.
e. Set-up and take down of all temporary structures and
facilities shall occur up to one business day prior to the agri-
tourism and other commercial events or activities and one
business day after the agri-tourism and other commercial
events between 7:00 a.m. and 10:00 p.m.
LUP-12-2, Downs Page 15
FINDING: The applicant states in the burden of proof statement that set-up and take down of
the facilities used at the site will occur one day before and one day after the weddings, within
the time limits listed under “e” above. Staff finds this criterion is met.
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.
FINDING: The applicant is not proposing any new permanent structure and the Planning
Division is not requiring any new permanent structure be built, used or occupied in connection
with the commercial events. The existing open-air building will be used as part of the wedding
site. Staff finds this criterion is met.
g. May not, in combination with other agri-tourism or other
commercial events or activities authorized in the area,
materially alter the stability of the land use pattern of the
area.
FINDING: There are no other authorized agri-tourism or commercial events or activities proposed
or occurring in the area. The proposed event site is for up to six weddings over 4 months. The
wedding events will be temporary in nature and practice. The existing land use pattern of the area
is single-family dwellings with some farm use occurring, as well as some dry land (such as the
BLM and COID lands to the north). Staff finds that the temporary nature of the weddings will have
no impact on the land use pattern of the area. The farm use in the area will continue as currently
conducted, which is mainly grass hay and livestock raising and grazing.
Staff finds that the proposed wedding event site and activities meet this criterion.
h. Must comply with ORS 215.296.
FINDING: Oregon Revised Statutes 215.296, Standards for approval of certain uses in
exclusive farm use zones, has two criteria that apply to the proposed use. They are:
(1) A use allowed under ORS 215.213(2) or 215.283(2) may be approved only
where the local governing body or its designee finds that the use will not:
b. Force a significant change in accepted farm or forest practices on
surrounding lands devoted to farm or forest use: or
c. Significantly increase the cost of accepted farm or forest practices
on surrounding lands devoted to farm or forest use.
FINDING: None of the properties in the area surrounding the subject property are in forest use.
There are many properties in farm use, including properties immediately adjacent to the subject
property to the west, south and east. The main farm use in the surrounding area appears to be
grass hay, with livestock raising and grazing occurring on lands devoted to pasture. Staff finds
that conducting up to six (6) weddings on six (6) calendar days for up to 10 hours per event on
the applicant’s property in a 4-month period will not force a significant change in these farm
practices, or significantly increase the cost of accepted farm practices. Staff believes that
existing farm uses will not be impacted by the wedding events and that the events will have any
impact on the hay operations, livestock or grazing activities.
Staff finds this criterion is met.
LUP-12-2, Downs Page 16
i. Limited Use Permits approved under this section expire two
years from the date of approval.
j. Limited Permits may be renewed for an additional two years
subject to:
i. An application for renewal; and
ii. Demonstration of compliance with conditions that
apply to the limited use permit and applicable
provisions in this section, DCC Chapter 18.16.042.
FINDING: The approval for LUP-12-2 would be valid for two years from the date of approval.
The date of approval would be after the review process is completed, including all appeals. The
possibility for renewal exists, based on submittal of an application, and findings made
demonstrating compliance with the conditions of approval as well as the then-current Deschutes
County Code and state law. Staff finds this criterion is met.
4. The area in which the agri-tourism or other commercial events or
activities are located shall be set back at least 100 feet from the
property line.
FINDING: The commercial events or activities areas all are at least 100 feet from the property
line, as evidenced by the air photo in the record. The only exception to this is the entrance
driveway into the site, which is closer than 100 feet at the front of the property. Staff finds that
the entrance road is not part of the “activities” of the wedding venue site.
Staff finds this criterion is met.
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 permits, if after
April 1, to Deschutes County’s Community Development
Department and Sheriff’s Office, and all property owners
within 500 feet of the subject property.
b. The list of calendar dates for all agri-tourism, commercial
events 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 easily be accessible and who shall remain on site at all
times, including the person(s) contact information.
LUP-12-2, Downs Page 17
FINDING: A condition of approval is included requiring compliance with these criteria for
notification of events.
6. Sanitation facilities shall include, at a minimum, portable restroom
facilities and stand-alone hand washing stations.
FINDING: The applicant is proposing to utilize two bathrooms already on the property. These
are more than the minimum required based on the expected number of attendees. The
applicant states that hot and cold water for hand washing stations will be utilized for these
events. Staff finds this criterion is met with the condition of approval that such facilities be
maintained for the approved use and be subject to inspection upgrading if required by the
Environmental Soils Division.
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.
FINDING: The applicant states that all events will occur and end within the specified hours.
Staff finds this criterion is met with a condition of approval requiring compliance.
8. Overnight camping is not allowed.
FINDING: The applicant states that no overnight camping will occur. Staff finds this criterion is met.
9. Noise Control
a. 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 be in compliance with applicable state
regulations.
b. A standard sound level meter or equivalent, in good
condition, that provides a weighted sound pressure level
measured by the use of a metering characteristic with an “A”
frequency weighting network and reported as dBA shall be
available on-site at all times during agri-tourism and other
commercial events or activities.
FINDING: The applicant states that all noise and sound associated with these events will be
monitored with a sound level meter and kept within the permitted levels allowed under this
ordinance. Staff finds these criteria are met.
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(B)(3)(c).
d. Adequate traffic control must be provided by the property
owner to address the following:
LUP-12-2, Downs Page 18
i. 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 Uniform Traffic Control
Devices.
FINDING: The applicant states that all surfaces utilized during these events will occur on a paved
driveway, gravel driveway, or grass area for parking of vehicles. Staff conducted a site visit and
confirms the property has a paved apron and paved driveway connection to Dodds Road.
The property has direct access to Dodds Road through an approved right-of-way grant from the
BLM.
The anticipated number of persons expected or reasonably expected to be in attendance is 125-
150 people. This requires one traffic control person. A condition of approval is that 1 or 2 traffic
control persons be on-site, depending upon the number of persons reasonably expected to be
attendance at each wedding.
Staff finds this criterion is met.
11. Health and Safety Compliance
a. All permanent and temporary structures and facilities are
subject 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.
FINDING: The proposed open-air pavilion the applicant will use for the wedding facility meets
the building code requirements for its use. Staff confirmed this with the County Building
Division.
Staff finds this criterion is met and imposes a condition of approval that all permanent and
temporary structures and facilities comply with all State of Oregon adopted building code
requirements and all Environmental Soils Division requirements.
12. The maximum number of people shall not exceed 500 per calendar
day.
FINDING: The applicant states that the average attendance is expected to be 125-150. Staff
finds this criterion is met, and imposes a condition of approval that specifies no more than 500
people for all parts of any particular wedding, including any catering service, is permitted.
13. Agri-Tourism and other Commercial Events or Activities shall not be
allowed:
LUP-12-2, Downs Page 19
a. Within the County adopted big game winter ranges during the
months of December through March.
b. Within the County adopted big game migration corridors
during the month of April and during the months of October
and November.
c. Within the County adopted sensitive bird and mammal habitat
areas as defined in DCC 18.90.020, unless a site has had no
nesting attempt or the nest has failed, as determined by a
professional wildlife biologist in May of the calendar year in
which the application is approved, unless a site has had no
nesting attempt or the nest has failed which could be
determined in May by a professional wildlife biologist.
FINDING: The subject property is not located within any big game winter range, big game
migration corridor, or sensitive bird and mammal habitat area. Staff finds this criterion is met.
3. Section 18.16.043, 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(B), and events,
outdoor mass gatherings or extended outdoor mass gatherings
authorized under DCC Chapter 8.16.
B. The following permits may not be combined:
1. Agri-tourism and other commercial events or activities under
DCC 18.16.042.
2. Winery under DCC 18.16.038(B),
3. Events, outdoor mass gatherings, extended outdoor mass
gatherings, parades or funeral processions authorized under
DCC Chapter 8.16,
4. Home occupation for commercial events or activities.
FINDING: The applicant is not proposing any other events at the site, beyond the 6 weddings
they are requesting. Staff finds this criterion is met.
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 applicant is not proposing any new structures, or any additions to existing
structures. Therefore, this standard is not applicable to the limited use permit.
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
LUP-12-2, Downs Page 20
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 applicant is not proposing any new structures or additions to existing structures.
These setbacks are not applicable to the limited use permit.
IV. CONCLUSION:
Based on the foregoing Findings, staff concludes the proposed limited use permit can
comply with the applicable standards and criteria of the Deschutes County zoning ordinance if
conditions of approval are met.
V. DECISION:
APPROVAL, subject to the following conditions of approval.
VI. CONDITIONS OF APPROVAL:
1. This approval is based upon the application, specifications, and supporting documentation
submitted by the applicant. Any substantial change in this Limited Use Permit will require
review through a new Limited Use Permit application. No more than six (6) commercial
events shall be conducted each year beginning on the date of this approval. The six (6)
commercial events shall occur between June 1 through September 30.
2. The six (6) commercial events shall be limited to six (6) calendar days each year,
excluding set-up and take down. No activity for a commercial event shall be conducted
before 7:00 a.m. or after 10:00 p.m.
3. Prior to initiation of use, the applicant shall:
a. Provide in writing a consent to allow law enforcement, public health, fire control
officers and code enforcement staff to come upon the premises for which the Limited
Use Permit has been granted for the purpose of inspection and enforcement of the
terms and conditions of the Permit, and Chapter 8.08 of the county code, noise
control.
b. Provide notification of the weddings as prescribed under DCC 18.16.042(C)(5).
LUP-12-2, Downs Page 21
c. The sanitation facilities shall be reviewed and approved by the Environmental Soils
Division prior to the first event. The Environmental Soils Division may require
additional sanitation facilities if the number of expected attendees exceeds the
maximum capacity of the permanent, existing on-site facility.
4. The noise emanating from the site shall at all times meet applicable state regulations. A
standard sound level meter or equivalent, in good condition, that provides a weighted
sound pressure level measured by use of a metering characteristic with an “A” frequency
weighting network and reported as dBA shall be available on-site at all times during the
weddings.
5. 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.
6. Solid waste shall be disposed of at the Knott Landfill.
7. One traffic control person, certified by the State of Oregon, shall be required for up to the
first 250 persons in attendance at the site, including any persons involved in conducting
the wedding. A second traffic control person shall be required if more than 250 persons
are reasonably expected to be in attendance at the site, including any persons involved
in conducting the wedding.
8. No more than 500 people shall be in attendance for any wedding at the site, including
persons involved in conducting the wedding and caterers.
9. No overnight camping shall be allowed.
10. Catering is subject to licensure and inspection at the caterer’s base of operations only,
including transportation vehicles and equipment per Oregon Administrative Rules
Chapter 333, Division 150. Food prepared on site requires a Public Health plan review
through Deschutes County Environmental Health, and obtain a Foodservice License.
11. All permanent and temporary structures shall comply with the State of Oregon’s adopted
building code and the Deschutes County Building Safety Division’s fire, health, life
safety, accessibility, and occupancy requirements at all times.
12. Agriculturally exempt structures are prohibited from occupancy by the public.
13. Water served to the public/guests must be from an approved water system that meets
the Oregon Public Water Drinking Program requirements.
VII. DURATION OF APPROVAL:
The applicant shall complete all conditions of approval and initiate the proposed event
facility within two (2) years of 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.
LUP-12-2, Downs Page 22
This decision becomes final twelve (12) days after the date of mailing, unless appealed
by a party of interest.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Paul Blikstad, Senior Planner
Reviewed by: Nick Lelack, Planning Director
Dated this 15th day of June, 2012 Mailed this 15th day of June, 2012