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HomeMy WebLinkAboutFee Waiver Request - ShepherdCommunity Development Department Planning Division Building Safety Division Environmental Soils Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, Interim Director DATE: January 30, 2013 RE: John Shepherd Fee Waiver Request Summary John Shepherd submitted the attached Fee Waiver Request for all or part of the $8,270 application fees to apply for a private park to hold commercial weddings on his property. Mr. Shepherd's 215­ acre property is located at 71120 Holmes Road, zoned Exclusive Farm Use (EFU) and Wildlife Area Combining Zone (Deer Winter Range)\ and is not high value farm land. A private park application for commercial weddings requires a Conditional Use Permit (CUP) ($2,240), Site Plan Review ($3,030), and a Hearings Officer deposit ($3,000) for a public hearing. Mr. Shepherd is applying under Deschutes County Community Development Fee Waiver Policy 8: "The Board of County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted." Background I Discussion In April 2012, the Board adopted amendments to Deschutes County Code (DCC) to allow agri­ tourism and other commercial events and activities as limited use permits (LUP) per Senate Bill 960 in the Exclusive Farm Use (EFU) Zone. These amendments allow up to six (6) or eighteen (18) agri-tourism and other commercial events or activities each year depending on the type of LUP. However, in order for an EFU property owner to qualify for agri-tourism or other commercial events or activities a farm use must exist on the property. A farm use means the primary purpose of the property is to make a profit in money in agricultural operations as defined by state law. Last summer, Mr. Shepherd applied for a Type 3 LUP for up to 18 commercial events (weddings). He subsequently withdrew his application after planning staff informed him that he did not qualify for a LUP because he does not have a farm use on his property. Mr. Shepherd submitted the attached letter and Fee Waiver Request for all or part of the private park application fees for the following reasons: (1) He cannot afford the fees. 1 Deschutes County Code 18.88.040(B) lists prohibited uses in the Wildlife Area (WA) Combining Zone. Private parks are not prohibited in the WA Zone. Quality Services Perfonned with Pride (2) There is uncertainty in the outcome of a private park application to host commercial weddings, and this land use application/decision would clarify whether commercial weddings can be approved as a private park in the EFU Zone. Deschutes County denied an application for a private park for a commercial wedding event venue in 1991. However, Crook, Benton and Douglas counties have approved private parks for commercial wedding event venues over the past few years. Private parks are not defined in State Law and the Land Use Board of Appeals has not ruled on a private park application. (3) The economic benefits of commercial weddings to the region's tourism and local agricultural community. Requested Board Action Decide whether to grant a full or partial fee waiver for Mr. Shepherd's application for a CUP ($2,240), Site Plan Review ($3,030) and/or Hearings Officer deposit ($3,000) for a public hearing. If the Board decides to grant a full or partial fee waiver, it must find that the action is in the public benefit, per the fee waiver policy. -2­ John Shepherd 71120 Holmes Road Sisters OR 97759 Request for Fee Waiver I am hereby requesting that Deschutes County waive all or part of the following fees in my application to establish a private park and qualify to hold weddings thereon: -Conditional Use Permit ($2,240) -Site Plan Review ($3,030) -Hearings Officer Deposit ($3,000) I am requesting that the County waive the fees for three reasons: 1. I am currently unemployed, receiving food stamps and cannot afford the fees 2. The outcome of this process would create a long-term efficiency for Deschutes County in that my case could be one of the first to complete the permitting process for private parks and would establish legal precedent for what is or is not permitted. In that the County has spent extraordinary means to clarify the Commercial Events Venue question, this process would be a great step forward in further darifying this same issue. At present, Deschutes County does not know if or how weddings would be allowed on a private park. Proceeding through this permitting and hearing process would resotve that question. 3. Furthermore, weddings on my property would greatly benefit both the local agricultural community as well as Deschutes County as a whole. a. My proposal is that my wedding venue would support the local agricultural community by purchasing locally grown food products, such as wine from Faith, Hope and Charity Vineyards, beef from Just-a­ meer farms and produce from Rainshadow Organics. This locally grown produce could be used for rehearsal dinners and wedding reception dinners. b. My venue would bring well over $1 million into the Deschutes County economy. Most of my weddings will be destination weddings, bringing visitors and their money to Deschutes County. 18 weddings at 200 people per wedding means 3600 people spending their money here. According to VisitBend.com, the average visitor to Bend spends $70 per day here. So, based on 3600 visitors spending $70/day for 3 days, that totals $756,000 in spending. In addition, according to the Wedding Report, a market research publication, the average wedding costs $29,000. Multiply $29,000 by 18 weddings, and Deschutes County would see $522,000 in economic activity. This totals over $1.25 million in annual economic activity, much of it coming from outside the county.