HomeMy WebLinkAboutAg Lands Staff Memo
MEMORANDUM
DATE: October 21, 2014
TO: Board of County Commissioners
FROM: Peter Gutowsky, Planning Manager
Matt Martin, Associate Planner
RE: October 29 Work Session / Agricultural Lands Update
Background
On September 25, 2014, the Planning Commission and Board of County Commissioners at a
joint meeting directed staff to initiate the following projects:
o Draft Comprehensive Plan amendments clarifying that resource land, Exclusive Farm Use
(EFU) parcels, can be re-designated and rezoned to non-resource lands through a quasi-
judicial application process, without taking an exception to Goal 3;1
o Draft code amendments allowing medical hardship dwellings in the Conventional Housing
Combining (CHC) Zone;
o Explore opportunities for farm help housing;
o Draft policy amendments describing the County’s purpose of initiating HB 2229;2 and,
o Develop a work program to correct mapping errors through implementation of HB 2229.
October 29 Work Session
The purpose of the work session is to outline a tentative schedule for the Agricultural Lands
Program going forward and present data, recently shared with the Planning Commission,
regarding residential dwellings in the EFU zone and related land use permitting trends.3
1 Two EFU property owners successfully obtained a non-resource designation (Multiple Use Agriculture 10) by relying
on Hearings Officer decisions (Pagel, PA-07-1/ZC-07-1; DSL, PA-11-7/ZC-11-2) to justify that applicant-initiated plan
amendment and zone change applications comply with the Deschutes County Comprehensive Plan Agricultural
Lands Policies (Section 2.2) and Rural Residential Exception Areas (Section 3.3). Sections 2.2 and 3.3 of the
Comprehensive Plan do not recognize that EFU-zoned parcels can be re-designated and rezoned to non-resource
lands through a quasi-judicial application process, without taking an exception to Goal 3. Non -resource land is
defined in OAR 660-004-0005(3). http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_660/660_004.html
2 ORS 215.788(1) https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors215.html
3 Pronghorn and Eagle Crest, two Goal 8 Destination Resorts were excluded from the analysis.
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Tentative Agricultural Lands Program Schedule
Staff proposes the following schedule with the Planning Commission:
November 13 – Discuss preliminary Comprehensive Plan amendments to:
o Clarify that resource land, EFU parcels, can be re-designated and rezoned to non-
resource lands through a quasi-judicial application process, without taking an
exception to Goal 3; and
o Amend the CHC zoning text to allow temporary medical hardship dwellings.
December 11 – Begin to formulate draft policy amendments describing the purpose of
initiating HB 2229 (Big Look Bill). This process is expected to occur over two to four
meetings with public input.
February 2015 – Conduct a work session with the BOCC and seek direction to initiate a
package of Comprehensive Plan and Zoning text amendments addressing the items
above.
FY 2015-16 – Upon adoption of the package of Comprehensive Plan and Zoning text
amendments, prepare a work plan and engage the Oregon Department of Land
Conservation and Development (DLCD) and the Land Conservation and Development
Commission (LCDC) to implement HB 2229.
Residential Uses Permitted
Several opportunities to establish dwellings in the EFU zone exist.4 The applicable criteria and
required land use approval varies based on the type of dwelling proposed. Table 1 describes
the types of dwellings currently allowed, categorized by the required application process.
Table 1 - Dwelling Types Allowed in EFU
Administrative Determination Conditional Use Permit Temporary Use Permit
Farm Nonfarm (Medical) Hardship
Accessory (Farm) Lot of Record
Relative Farm Assistance
Oregon Revised Statutes (ORS) establish permissible dwelling types and applicable criteria.
Any changes require amending State law. At the work session meeting on October 29, staff will
provide an overview of the review process and criteria applicable to each one.
II. Residential Use Permitting History
Table 2 below identifies approved residential land use decisions in the EFU zone by type and
year since 2005. On October 29, staff will provide a map showing the locations of these
dwellings.
4 Pronghorn and Eagle Crest, two Goal 8 Destination Resorts were excluded from the analysis.
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Table 2 – Residential Use Permitting History
Year Farm Accessory Relative
Farm
Lot of
Record Nonfarm Wildlife* Hardship M49 Total
2005 1 2 3 56 4 3 69
2006 2 1 3 59 2 4 71
2007 9 1 51 6 67
2008 1 3 1 34 2 41
2009 1 1 33 4 39
2010 1 9 2 2 14
2011 1 3 24 1 1 30
2012 2 6 2 13 2 1 26
2013 2 1 1 16 2 2 24
2014 1 15 3 3 22
Total 18 12 9 10 310 6 29 9 403
* Wildlife Habitat Conservation Dwellings were a subset of Nonfarm Dwellings that are no longer available