HomeMy WebLinkAboutCommcl Events - EFU ZoneCommunity 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, AICP, Planning Director
Date: February 13, 2012
Re: Planning Commission Recommendations on TA -11-3, HB 3280, Winery; SB 960. Agri
Tourism and other Commercial Events and Activities (SB 960); and Definitions Text
Amendments; and Direction on Private Parks Text Amendments
SUMMARY
On January 26 and February 9, the Planning Commission recommended text amendments to
incorporate Senate Bill (SB) 960 and House Bill (HB) 3280 into Deschutes County Code (DCC)
by a vote of 4-3 to the Board of County Commissioners (BOCC).
The text amendments, case file TA-11-3, would authorize two new paths to conduct commercial
events in the EFU zone. These include:
(1) Agri-tourism and other commercial events and activities as allowed by SB 960 passed by
the State Legislature in 2011; and
(2) Updated winery standards approved in HB 3280 passed by the State Legislature in 2011.
The purpose of this agenda item is to:
(1) Summarize the Planning Commission's recommendations in the attached text
amendments and matrix; and
(2) Seek direction from the BOCC on whether to initiate the public hearing notices to also
include the Private Parks and/or Type 4 Home Occupation text amendments. The
Planning Commission voted 5-2 to not recommend Private Parks or Type 4 Home
Occupations amendments. The majority of Commissioners said they first want to see how
SB 960 and HB 3280 are implemented before considering additional text amendments.
Quality Services Performed with Pride
If the BOCC wants to consider Private Parks and/or Type 4 Home Occupation text amendments
as well, staff seeks direction on the provisions of the amendments. As a starting point for
discussions, the BOCC may direct staff to initiate such amendments:
1. As initially proposed by staff to the Planning Commission (provided in the last 2 columns on
Matrix 2); or
2. Update the amendments to closely resemble the SB 960, agri-tourism and other commercial
events and activities, amendments as allowed by law.
PLANNING COMMISSION RECOMMENDATIONS
Below is a summary of the Planning Commission's decisions made during its deliberations.
One Planning Commissioner in the majority and one representing the minority vote is expected
to attend this BOCC work session.
Passed
1. Consensus to incorporate DCC 8.16.070(A) Outdoor Mass Gathering and Events,
Inspection of Events text into both the SB 960 and HB 3280 text amendments.
2. The Commission voted 5-2 to increase the allowed decibel level from 65 dBA to 70 dBA
from 7:00 a.m. to 10:00 p.m., and broaden this to include all noise -not just amplified
sounds.
3. The Commission voted 5-2 to remove text related to "plainly audible.»
4. The Commission voted 5-2 to support incorporating the noise standards discussed under
agri-tourism and other commercial events or activities into the winery standards.
5. The Commission voted 7-0 to establish a minimum lot size of 10 acres for up to 6 agri
tourism and other commercial events or activities per calendar year.
6. The Commission voted 6-1 to establish a 160 acre minimum lot size for 7-18 agri-tourism
and other commercial events or activities per calendar year.
7. The Commission voted 7-0 to clarify the definitions of agri-tourism and winery to ensure that
they do not overlap, and to ensure that commercial weddings and similar uses are clearly
allowed under "commercial events or activities" but clearly not allowed as "agri-tourism" as
long as they are related to and supportive of agriculture.
8. For 7-18 "commercial events or activities" per calendar year, the Commission voted 7-0 to
limit such events and activities to 24 hours per event. And, the Commission voted 6-1 to not
allow more than 2 commercial events or activities per month.
9. The Commission voted 7-0 to support the transportation provisions contained in the text
amendments.
Failed
1. The Commission voted 6-1 against changing the time of sound amplification to 7:00 a.m.
9:00 p.m.
2. The Commission voted 5-2 against changing the time of sound amplification to 8:00 a.m.
8:00 p.m.
3. The Commission voted 5-2 against establishing an event size based on acreage.
4. The Commission voted 5-2 against removing the provisions to allow 7-18 agri-tourism and
other commercial events or activities per calendar year.
BOCC DIRECTION I NEXT STEPS
Based on the BOCC's direction at this work session, staff will:
1. Immediately notify stakeholders of the BOCC's direction and public hearing date.
2. Prepare and issue a public notice for the public hearing in early March.
3. Prepare draft ordinances and findings.
Staff seeks direction from the BOCC's on whether to:
1. Notice public hearings for Private Parks and/or Type 4 Home Occupation text amendments
(in addition to the Planning Commission's recommendations).
2. If the BOCC directs staff to initiate a public notice for Private Parks and/or Type 4 Home
Occupations public hearings. staff seeks direction on the provisions of those text
amendments.
Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS
18.04.010. Title.
18.04.020. Purpose.
18.04.030. Definitions.
"****,, Denotes sections of the Deschutes County Code not amended by Ordinance 2011
XXX.
"Agri-tourism" means a commercial enterprise at a working farm or ranch that is
incidental and subordinate to the existing farm use of the tract that promotes successful
agriculture, generates supplemental income for the owner and complies with Oregon
Statue and Rule. Any assembly of persons shall be for the purpose of taking part in
agriculturallv based operations or activities such as animal or crop care, picking fruits or
vegetables, cooking or cleaning farm products, tasting farm products: or learning about
farm or ranch operations. Agri-tourism does not include "commercial events or
activities." Celebratory gatherings, weddings, parties, or similar uses are not agri
"Agricultural Land" means lands classified by the U. S. Soil Conservation Service (SCS) as
predominately Class I-VI soils, and other lands in different soil classes which are suitable for farm
use, taking into consideration soil fertility, suitability for grazing and cropping, climatic conditions,
existing and future availability of water for farm irrigation purposes, existing land use patterns,
technological and energy inputs required, and accepted farming practices. Lands in other classes
which are necessary to permit farm practices to be undertaken on adjacent or nearby lands shall be
included as agricultural lands in any event.
"Agricultural structure" means any structure considered to be an "agricultural building" under the
State Building Code (Section 326) as referenced in DCC 15.04.010 and is (1) located on a parcel
that is at least 20 acres in size and contains at least 8.5 irrigated acres, or (2) a parcel that is at least
80 acres in size, regardless of irrigation.
"Agricultural use" means any use of land, whether for profit or not, related to raising, harvesting
and selling crops or by 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 not specifically
covered elsewhere in the applicable zone. Agricultural use includes the preparation and storage of
the products raised on such land for human and animal use and disposal by marketing or otherwise.
Agricultural use also includes the propagation, cultivation, maintenance and harvesting of aquatic
species. Agricultural use does not include the use of land subject to the provisions of ORS chapter
321, except land used exclusively for growing cultured Christmas trees.
"Commercial agricultural enterprise" means farm operations which will:
A. Contribute in a substantial way to the area's existing agricultural economy; and
B. Help maintain agricultural processors and established farm markets. When determining
whether a farm is part of a commercial agricultural enterprise, not only what is produced, but
how much and how it is marketed shall be considered.
Chapter 18.04 DRAFT FEB. 13, 2012
"Commercial amusement establishment" means a facility supplying refreshments and various forms
of entertainment to the general public.
"Commercial event or activity" means any meeting, celebratory gathering, wedding, party, or
similar uses consisting of any assembly of persons and the 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.
"Commercial farm" as used in DCC 18.16 means those land tracts shown on the 1991 Assessor's
records as contiguous ownership tracts under one name (or separated only by a road), zoned EFU,
receiving special assessment for farm use and in the top 90 percent of assessed farm use values
(arranged in ascending order). These farms are identified in the resource element of the
comprehensive plan.
"Commercial forest land" means land which is used for the growing and harvesting of forest tree
species.
"Commercial residential use" means a building, portion of a building or group of buildings designed
or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel or tourist
camp, but excluding quarters intended for permanent occupancy such as a duplex or apartment. A
manufactured home park is not included in this definition.
"Commercial use" means the use of land primarily for the retail sale of products or services,
including offices. It does not include factories, warehouses, freight terminals or wholesale
distribution centers.
"Community center" means a community meeting, retreat and activity facility serving the social or
recreational needs of community residents or visitors.
"''''''''''
Chapter 18.04 2 DRAFT FER 13, 2012
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Chapter 18.16. EXCLUSIVE FARM USE ZONES
18.16.010. Purpose.
18.16.020. Uses Permitted Outright.
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 and a
Review Under DCC Chapter 18.124 For Items C Through M.
18.16.030. Conditional Uses Permitted - High Value and Nonhigh Value Farmland.
18.16.031. Nonresidential Conditional Uses on Nonhigh Value Farmland Only.
18.16.033. Nonresidential Conditional Uses on High Value Farmland Only.
18.16.035. Destination Resorts.
18.16.037. Guest Ranch.
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 the 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 of the Deschutes County Code not amended by Ordinance 2011-XXX.
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 electrical 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.
I. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
J. A facility for the processing of farm crops, or the production of biofuel 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.
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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 of the 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. 2011-XXX, §Y, 2011; 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 nonresource 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 determining 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 former 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 660-011-0060(1)(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 facility, 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 farmlands.
B. Wineries are subject to the following:
1. A winery, authorized under DCC 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 of at least 15 acres;
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ii. Owns a contiguous vineyard of at least 15 acres;
iii. Has a long-term 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 of this subsection; or
b. At least 50,000 gallons and no more than 100,000 gallons 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-term 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 of this sub-section.
3. The winery shall allow only the sale of:
a. Wines produced in conjunction with the winery; and
b. Items directly related to wine, the sales of which are incidental to retail sale of wine on-site.
Such items include those served by a limited service restaurant, as defined in ORS 624.010.
4. Prior to issuance of a permit to establish a winery, the applicant shall show that vineyards, described
under either 1 or 2 above, have been planted or that the contract has been executed, as applicable.
5. Standards imposed on the siting of a winery shall be limited solely to each of the following for the
sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on
adjacent lands:
a. Establishment of a setback, not to exceed 100 feet, from all property lines for the winery and all
public gathering places; and
b. Provision of direct road access, internal circulation and parking shall be demonstrated through
site plan review under DCC 18.124.
6 Approval of a winery shall not be a basis for an exception under ORS 197.732(1)(a) or (b).
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 purpose 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 of wine 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.
iv. The maximum number of commercial events on a lot, parcel or tract may not exceed the
total number of events allowed by any individual land use approval, including, but not
limited to, those approved under DCC Chapter 18.16.042, Agri-tourism and other
Commercial Events or Activities, and DCC Chapter 8.16, Events, Parades, Funeral
Processions and Outdoor Mass Gatherings.
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
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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 of each 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 (B)(1) of this section have been planted or that the contract
for the purchase of grapes has been executed, as applicable.
6. The siting of a winery shall be subject 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, Airport Safety Combining Zone, and DCC 18.116.180,
Building 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 of temporary structures.
c. 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:
i. Not exceed seventy (70) dBA at any time between 7:00 a.m. and 10:00 p.m. at the
boundary of the property 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:
1. 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:
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 the Manual of Uniform Traffic Control
Devices.
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e. Structures.
i. 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.
ii. 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.
f. 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 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.
10. DCC Chapter 18.16.038(B), Sections (2c),(3), (8) and (9) sunset on January 1, 2014.
****
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. Application. The application shall include the following.
1. The General Provisions information required in DCC 22.08.010.
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
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.
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.
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.
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 applicant shall provide in writing a
consent to allow law enforcement, public health, and fire control officers and code
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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.
C. Approval Criteria.
1. 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 of operations 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 of operations is included within the duration of 30 consecutive hours.
d. Must be incidental and subordinate to existing farm use of the tract.
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 or activities between 7:00 a.m. and 10:00
p.m.
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 of the land use pattern in the area.
h. Must comply with ORS 215.296.
i. Limited Use Permits approved under this section expire two years from the date of approval.
g. 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.
2. Agri-tourism or other commercial events or activities 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,
more frequently or for a longer period than allowed under 18.16.042(C)(1) if the agri-tourism or
other commercial events or activities is in compliance with:
a. Criteria set forth in 18.16.042(C)(1)(d)(e)(f)(g) and (h).
b. Must be incidental and subordinate to existing commercial farm use of the tract and are
necessary to support the commercial farm 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 of operations is included within the duration of 24 consecutive hours.
f. No more than two commercial events or activities may occur in one month.
g. Limited Use Permits approved under this section expire four years from the date of approval.
h. Limited Use Permits may be renewed at four year intervals subject to:
i. An application for renewal;
ii. Public notice and public comment as part of the review process.
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iii. Demonstration of compliance with conditions that apply to the limited use permit and
applicable provisions in this section, DCC Chapter 18.16.042.
3. 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.
4. 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 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 information.
5. Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand
washing stations.
6. 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.
7. Overnight camping is not allowed.
8. 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.
9. 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:
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.
10. 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
Chapter 18-16 8 (/2011)
Page 8 of 8 – EXHIBIT ? to Ordinance 2011-??? DRAFT FEB. 13, 2012
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. Single Permit. 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
Chapter 18.16.038(B), and events, outdoor mass gatherings or extended outdoor mass
gatherings authorized under DCC Chapter 8.16.
(Ord. 2011-XXX, §Y, 2011)
****
MATRIX 1
PLANNING COMMISSION RECOMMENDATIONS
An asterisk (e) indicates state law requirement
NEW DEFINmONS IN DeC 18.04:
Acri-Tourlsm
Commercial Event or Activity
-
MAcri-tourism· means a commeroal enterprise at a working farm or ranch that is incidental and
subordinate to the existing farm use of the tract that promotes successful agriculture, generates
supplemental income for the owner and complies with Oregon Statue and Rule. Any assembly of
persons shall be for the purpose of taking part in agriculturally based operations or activities such as
animal or crop care, picking fruits or vegetables, cooking or cleaning farm products, tasting farm
products; or learning about farm or ranch operations. Agri-tourism does not include ·commercial
events or activities." Celebratory gatherings. Weddings, parties, or Similar uses are not agri-tourism.
·Commerclal event or activity" means any meeting, celebratory gathering, wedding, party, or similar
uses consisting of any assembly of persons and the 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.
I
I 58960 " HB 3280: Wineries "
Type of Use or Permit ·Umited Use Permit that is personal to the applicant ·Permitted Use
Land Use ·Agri-tourism and other commercial events or activities related to and supportive of agriculture. ·Winery
Requirement for Commercial Events to be Related to a Farm Use
·Yes. Must be incidental & subordinate to existing farm use & and may not materially alter the stability
of the land use pattern in the area. More than 6 events (max 18) also require a connection to
commercial farm uses or commeroal agricultural enterprises in the area.
·Yes
High Value I Non-High Value farm land Both high value and non-high value • Both high value and non-high value
Maximum Number of Events Per Year
• ·6 agri-tourism events up to 72 hours per event or 6 commercial activities and events up to 30
hours per event.
• ·7-18 agri-tourism events up to 72 hours per event or 7-18 commercial activities and events up to
24 hours per event. No more than 2 commercial activities or events may occur in the same month.
·25 calendar days, may not exceed 25% of the gross income from the on-site retail sale of wine
produced in conjunction with the winery.
Lot Size · 10 acres for up to 6 events. · 160 acres for 7-18 events. ·15 acre vineyard
Review I Renewal of Permit • • Every 2 calendar years for up to 6 events
• • Every 4 calendar years for 7-18 events. No, unless gross income requirements above are not met. Event provisions sunset on Jan. 1, 2014 .
Site Plan Review No ·No
Noise I Sound Amplification · 70 decibels max at property line during time of events
• Noise Control Ordinance in effect 10:00 p.m. -7:00 a.m.
• 70 decibels max at property line during time of events · Noise Control Ordinance in effect 10:00 p.m. -7:00 a.m.
Time of Events 7:00 a.m. -10:00 p.m. 7:00 a.m.-10:00 p.m.
Set-up/Take Down of temporary structures 1 business day before/after event 1 business day before/after event
Setbacks 100 feet 100 feet
Sanitation facilities recjuired? Building & temp structures subject
to health & safety? Yes and Yes. Yes and Yes.
Notification
• Submit a list of calendar days for all events by April 1 of the subject calendar year to COunty's CDD
and Sheriffs Office, and all property owners within 500 feet of the subject property. list of dates
may be amended by submitting the amended list to same entities at least 72 hours of change. · Allows notification within 30 days of new or renewed permits if after April 1.
• If no notice by April 1, then send by Registered Mail 10 days prior to event for each event.
• Include contact information for person easily accessible at event
None
Transportation Management
• ·A traffic management plan that identifies the projected number of vehicles and any anticipated use
of public roads
• Direct Access: Defined as fronting on a public road or accessed by easement or private road with all
underlying property owners agreeing
• Roadways, driveway aprons, driveway and parking surfaces designed to prevent dust, etc.
• Provide assurance that 1 traffic control person shall be provided for each 250 persons at event;
personnel shall be certified by the State
·Shall provide parking for all activities or uses of the lot, parcel or tract of the winery • · ·Direct Access (HB 3280 did not define it): Defined as fronting on a public road or accessed by
easement or private road with all underlying property owners agreeing
• Roadways, driveway aprons, driveway and parking surfaces designed to prevent dust, etc.
• Provides assurance that 1 traffic control person shall be provided for each 250 persons at event;
personnel shall be certified by the State
Inspection of Event Premises Authorization
· Similar to Outdoor Mass Gatherings requirements
• 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 .
· Same as Outdoor Mass Gatherings requirements
• 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 Umited 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
MATRIX 2
PLANNING COMMISSION RECOMMENDATIONS (same as Matrix 1)
DRAFT PRIVATE PARKS I HOME OCCUPATION (PC voted 5-2 to not recommend text amendments)
An asterisk (") indicates state law requirement ............ .......... -___.. •• wo. ---=--= _____ .
_ __
SB960 HI 3Z80: WIneries < PrmteParks Home Oc:cupatIons
Type of Use or Permit ·Umlted-Use Permit that is personal to the applicant ·Permitted Use ·Conditional Use Permit Conditional Use Permit
Land Use
·Agri-tourism and other commercial events or activities related to and supportive of ·Winery Private Park with new clarification ·Home occupation -subordinate
agriculture. that allows commercial event venues to reSidential use of the property
Requirement for Events to be ·Yes. Must be inddental & subordinate to existing farm use & and may not materially alter
the stability of the land use pattern in the area. More than 6 events (max 18) also require a ·Yes No No
Related to a Fann Use connection to commercial farm uses or commerdal agricultural enterprises in the area.
High Value I Non-High V~lue Both high value and non-high value • Both high value and non-high value ·Only non-high value Both high value and non-high
farm land value
· ·6 agri-tourism events up to 72 hours per event or 6 commercial activities and events
Maximum Number of Events up to 30 hours per event. ·25 calendar days, may not exceed 25% of the gross income from the on-
Per Year • ·7-18 agri-tourism events up to 72 hours per event or 7-18 commercial activities and site retail sale of wine produced in conjunction with the winery. 18 calendar days 12 calendar days
events up to 24 hours per event. No more than 2 commercial activities or events may
occur in the same month.
Lot Size • 10 acres for up to 6 events. ·15 acre vineyard 15 acres 15 acres· 160 acres for 7-18 events.
Review I Renewal of Permit • ·Every 2 calendar years for up to 6 events No, unless gross income requirements above are not met. Event No No· ·Every 4 calendar years for 7-18 events. provisions sunset on Jan. 1, 2014.
Site Plan Review No ·No Yes Yes
Noise I Sound Amplification • 70 decibels max at property line during time of events · 70 decibels max at property line during time of events 8:00 a.m.-8:00 p.m., amplifier 350 ft · Noise Control Ordinance in effect 10:00 p.m. -7:00 a.m. · Noise Control Ordinance in effect 10:00 p.m. -7:00 a.m. from nearest dwelling, directed away Same as private park
TIme of Events 7:00 a.m. -10:00 p.m. 7:00 a.m.-10:00 p.m. 7:00 a.m. -10:00 p.m. 7:00 a.m. -10:00 p.m.
Set-up/Take Down of 1 business day before/after event 1 business day before/after event 1 bUSiness day before/after event 1 business day before/after event
temporary structures
Setbacks 100 feet 100 feet 100 feet 100 feet
Sanitation facilities required?
Building & temp structures Yes and Yes. Yes and Yes. Yes and Yes. Yes and Yes.
subject to health & safety?
• Submit a list of calendar days for all events by April 1 of the subject calendar year to
County's COD and Sheriffs Office, and all property owners within 500 feet of the subject
property. Ust of dates may be amended by submitting the amended list to same
Notification entities at least 72 hours of change. None Same as SB 960 Same as SB 960 · Allows notification within 30 days of new or renewed permits if after April l.
• If no notice by April 1, then send by Registered Mail 10 days prior to each event.
• Include contact information for person easily accessible at event
• Adequate roads, ingress and
• ·Shall provide parking for all activities or uses of the lot, parcel or tract egress, sight distance, and · ·A traffic management plan that identifies the projected number of vehicles and any of the winery emergency service vehicle access
anticipated use of public roads • • Direct Access (HB 3280 did not define it): Defined as fronting on a shall be available to serve the . Same as private parks • Direct Access: Defined as fronting on a public road or accessed by easement or private public road or accessed by easement or private road with all proposed commercial events. Creates no more than fiftyroad with all underlying property owners agreeing •
Transportation Management underlying property owners agreeing · Driveways extending from paved (SO) bUSiness-related vehicle • Roadways, driveway aprons, driveway and parking surfaces designed to prevent dust, • Roadways, driveway aprons, driveway and parking surfaces designed roads shall have a paved apron, trips to the site per day on etc. to prevent dust, etc. requiring review and approval by event days. · Provide assurance that 1 traffic control person shall be provided for each 250 persons at Provides assurance that 1 traffic control person shall be provided for the County Road Department.•event; personnel shall be certified by the State each 250 persons at event; personnel shall be certified by the State • Roadway surfaces prevent dust
• Certified Flaggers. · Applicant shall provide in writing a consent to allow law enforcement, · Applicant shall provide in writing a consent to allow law enforcement, public health, and public health, and fire control officers to come upon the premises for
Inspection of Event Premises fire control officers and code enforcement staff to come upon the premises for which which the Umited Use Permit has been granted for the purposes of None proposed None proposed Authorization the Permit has been granted for the purposes of inspection and enforcement of the inspection and enforcement of the terms and conditions of the permit
terms and conditions of the permit and DCC Chapter 18.16, 8.08, etc. and DCC Chapter 18.16 Exclusive Farm Use Zone and DCC Chapter 8.08
Noise Control, and any other applicable laws or ordinances -