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HomeMy WebLinkAboutCommercial - EFU ZoneCommunity Development Department Planning Division Building Safety Division Environmental Health )ivision 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.0 s/cdd/ MEMORANDUM DATE: January 20, 2010 TO: Deschutes County Board of County Commissioners FROM Nick Lelack, Planning Director Paul Blikstad, Senior Planner SUBJECT: Work Session: Commercial Uses in Exclusive Farm Use (EFU) Zone ISSUE The purpose of this work session is to discuss commercial uses in the EFU zone, including potential impacts of such uses that include large gatherings of people. Two projects, the Oregon Rush Soccer Club proposal and event venues, could be considered by the Board early this year. This memorandum discusses this issue generally as well as each potential project. DISCUSSION Private parks are an allowed use in the EFU zone on non -high value farmland via Conditional Use Permit review and approval. Site Plan Review is also required for physical improvements to a property. What is a private park? According to a draft letter from the Department of Land Conservation anc Development in summer 2009, "A few LUBA cases have given counties the discretion to define private parks to include paint -ball activities and motocross tracks, indicating a broader tolerance f )r what can constitute a private park in EFU zones; such uses arguably require a rural location. More importantly, the uses described in these cases were all clearly forms of recreation. For example, in Spiering v. Yamhill County, 25 Or LUBA 695 (1993), the Court of Appeals concluded that a `park' is a tract of land set aside for public recreational use." Over the past couple of years, Deschutes County has approved applications for private parks for the Bend Trap Club, a paintball facility, and Halligan Ranch (sporting clays shooting range), finding that these are recreational uses. Site Plan Review for each application also allowed buildings specifically for the above land uses. In addition, the Planning Commission recommended approval of a privately -initiated text amendment to expand the definition of private parks and conditional uses for such purposes; however, it was withdrawn prior to the Board of Commissioner's public hearing. TA -08-9, BOCC Memo Page 1 Quality Services Performed with Pride Oregon Rush Soccer Club is proposing to lease property from the City of Bend and Deschutes County to locate a soccer and softball/baseball complex as a private park in the EFU zone at the north end of Juniper Ridge. In addition, event venue operators have expressed interest in the County allowing event venues in the EFU zone. The following section will discuss each issue. Planning staff, in consultation with County legal counsel, believes a soccer facility is a clear recreational use, and therefore eligible for consideration as a private park via a Conditional Use Permit application. General standards governing conditional uses in the County, per DCC 18.128.015, include the following: A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; 2. Adequacy of transportation access to the site; and 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). C. These standards and any other standards of DCC 18.128 may be met by the imposition of conditions calculated to insure that the standard will be met. In addition, site plan approval criteria in DCC 18.124.060 require the applicant to address a range of issues, including screening and buffering areas and buildings to minimize adverse impacts on the site and neighboring properties; shielding exterior Tight so it does not project off-site; transportation access and circulation; landscaping, etc. Planning staff believe the key issues to be addressed by the applicant for the proposed complex include transportation, noise, and stadium lighting based on the projected Targe public attendance at the soccer and softball/baseball games. Commercial event venues may generate similar impacts with large gatherings of people. What i4; a commercial event venue? It is generally an event in which involves a transaction in which an individual, sponsor or attendee purchases the right to hold an event, such as weddings/receptions, family and class reunions, and company picnics. However, staff is unclear whether commercial event venues can also be considered recreational uses. According to the same draft DLCD letter cited above, "If [event venues are] determined to be permitted, we believe that carefully circumscribed provisions for such uses may be crafted if they: 1) Provide that the use is accessory to a commercial farm, winery, nursery or bed-and-breakfa3t use; 2) Meet the minimum lot size standard of the EFU zone; and 3) Provide for consultation with nearby farmers, including mitigation of impacts." Staff has researched how some other Oregon counties permit commercial event venues for commercial , which is summarized in the table below. Table: County Approaches to Allowing Commercial Event Venues in the EFU Zone County Code Provision or How Use is Accommodated Type of Uses Allowed Hood River County Article 73, Home Occupation to Host Weddings & Related Events — Effective July 22, 2004 Wasco County Allows the hosting of weddings and private events as accessory to a bed and breakfast, farm, or winery (through a conditional use permit for a home occupation). Exclusive Farm Use Zone — Home Occupation to Host Commercial Events — as a conditional use — Effective July 09 Benton County No specific code provision Exclusive Farm Use Zone — Commercial Activity in Conjunction With Farm Use (one specific land use approval) Forest Zone — Conditional Use for a private park (one specific land use approval) Allows the hosting of events associated with a farm use, lawfully approved winery, bed and breakfast or farm ranch recreation, and can include weddings, receptions, parties, bicycle races confined to the parcel and other small-scale gatherings hosted for a fee. Allowed a commercial activity in conjunction with farm use which included a wine tasting room, sales of wine and other items, and event hosting, in conjunction with a vineyard operation. Allowed a private park which would include weddings, private parties and other functions in a Forest Zone. Clackamas County Exclusive Farm Use Zone — Home occupation to host events — but only in conjunction with an existing winery, Effective 2006 Allows a home occupation to host events in the EFU zone as a conditional use, but only in conjunction with an existing winery. Multnomah County No specific code provision Exclusive Farm Use Zone — Farm Stand A recent Multnomah County decision (7-22-09) denied an applicant's request for weddings E s part of a farm stand operation, as t was determined that weddings do not promote the sale of farm crop or livestock. Lane County No specific code provision. Use the State Language (ORS) of commercial activities in conjunction with farm use or as a home occupation. My allow them as a conditional use, as a commercial activity in conjunction with farm use or as a home occupation. Washington County No specific code provision Possibly allowed under the private park listing in State Law. An applicant would have to apply for an event venue as a private park. Yamhill County No specific code provision Possibly allowed as a conditional use at a winery or a bed and breakfast inn. An applicant would have to apply for the event venues as part of a winery of bed and breakfast proposal. Marion County No specific code provision Possibly allowed as part of a winery. Does not believe a home occupation is the right avenue. An applicant would need to apply for the event venue as part of a winery. Jackson County No specific code provision Possibly allowed as part of a bed and breakfast inn. An applicant would need to apply for the event venue as part of a b3d and breakfast inn. Polk County No specific code provision Possibly allowed as a conditional use permit as a home occupation or commercial activity in conjunction with farm use. An applicant would need to app , for a conditional use permit for a home occupation or as a commercial activity in conjunctio 1 with farm use. Baker County No specific code provision Possibly allowed as part of a nursery. An applicant would need to app y for a conditional use permit for ;, event venue as part of a nurser /.