HomeMy WebLinkAboutDoc 2010-510 - CUP - Anderson - Rm-BoardDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For the Board WORK SESSION of July 26, 2010
Please see directions for completing this document on the next page.
DATE: July 20, 2010
FROM: Cynthia Smidt Community Development Department
TITLE OF AGENDA ITEM:
Consideration of adoption of Document 2010-510 approving a Conditional Use permit.
Terry and Candice Anderson; File No.: CU -10-2)).
PUBLIC HEARING ON THIS DATE? No
317-3150
(Applicant:
BACKGROUND AND POLICY IMPLICATIONS:
On June 28, 2010 and continued on June 30 and July 7, 2010, the Board held a de novo public heath g
regarding a Conditional Use permit (CU -10-2) filed by the applicants, Terry and Candice Anderson.
Review of this application was in response to the Board's decision to initiate review of the request v a
Order 2010-032, which is based on Planning staff recommendation. The Hearings Officer's decision,
issued on May 28, 2010, denied the applicants' request for the Conditional Use permit. The Board
deliberated the matter on July 7, 2010, and rendered an oral approval of the application.
The document is staffs recommendation for the written Board decision.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
The Board needs to make a decision to adopt Document 2010-510 as written, or amend it as needed.
ATTENDANCE: Cynthia Smidt
DISTRIBUTION OF DOCUMENTS:
Cynthia Smidt, Planning Division
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
DECISION OF DESCHUTES COUNTY
BOARD OF COUNTY COMMISSIONERS
FILE NUMBER:
APPLICANTS/
PROPERTY OWNERS:
REQUEST:
CU -10-2
Teny and Candice Anderson
18540 Plainview Road
Bend, Oregon 97701
The applicants are requesting a Conditional Use permit to establish
room and board arrangements for up to five unrelated persons in an
existing residence of real property located on Deschutes County
Assessor's Map 15-11-34C, tax lot 500. The subject property is
within the Exclusive Farm Use zone
I. APPLICABLE STANDARDS AND CRITERIA:
Title 18, Deschutes County Zoning Ordinance
A. Chapter 18.16, Exclusive Farm Use Zone
1. Section 18.16.030, Conditional Uses Permitted — High Value and Nonhigh Value
Farmland
2. Section 18.16.040, Limitations on Conditional Uses
3. Section 18.16.070, Yards
B. Chapter 18.128, Conditional Uses
1. Section 18.128.015, General Standards Governing Conditional Uses
2. Section 18.128.310. Bed and Breakfast Inn.
II. FINDINGS OF FACT:
A. LOCATION: The property is located at 18540 Plainview Road, Bend and is identified on
Deschutes County Assessor's Map 15-11-34C as tax lot 500.
B. LOT OF RECORD: Deschutes County has recognized this subject property as a legal lot cif
record pursuant to being Parcel 1 of Partition Plat 1995-35.
C. ZONING: The subject property is zoned Exclusive Farm Use — Sisters/Cloverdale subzoi .e
(EFU-SC).
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D. SITE DESCRIPTION: The Board adopts the Hearings Officers' findings, incorporated by
reference herein.
E. SURROUNDING LAND USES: The Board adopts the Hearings Officers' findings,
incorporated by reference herein.
F. PROPOSAL: The Board adopts the Hearings Officers' findings, incorporated by reference
herein. However, the Board modifies the decision by reviewing the request as it was
originally requested, which includes the proposal of room and board arrangements for up to
five unrelated persons in the existing single-family residence. The applicants propose to use
four (4) rooms in the existing dwelling for no more than five (5) unrelated guests. The
applicants propose that the guest will stay anywhere from one night to more than 30 days.
No structural modifications to the dwelling are proposed for this use. The use will operate
year-round. Meals, possibly all three main meals in a day, will be provided. Guest parking is
available on-site as shown in the submitted site plan. The applicants submitted a burden of
proof statement, a plot plan, and other documents in support of this application.
G. PUBLIC AGENCY COMMENTS: The Board adopts the Hearings Officers' findings,
incorporated by reference herein.
H. PUBLIC COMMENTS: The Board adopts the Hearings Officers' findings, incorporated b)
reference herein, and adds oral and written testimony by the applicants and comments frorr
neighboring property owners that were received by the close of the written record on July 7, 2010
I. NOTICE REQUIREMENT: The Board adopts the Hearings Officers' findings.
incorporated by reference herein.
J.
REVIEW PERIOD: The Board adopts the Hearings Officers' findings, incorporated b'r
reference herein, and adds that the Hearings Officer's decision was issued May 28, 201(.
The review of this application was in response to the Board's decision to initiate review of
the request via Order 2010-032, which is based on Planning staff recommendation. Th
Board agreed to hear the appeal de novo, and held a public hearing on the matter June 2 ,
2010 and continued it to June 30 and July 7, 2010. The Board deliberated the matter on Jul y
7, 2010, and rendered an oral approval of the application with conditions. Under a strict
count of the days, the 150 -day deadline would end on July 24, 2010. Because that is a
Saturday, however, by law, the 150 -day deadline ends on Monday, July 26, 2010.
III. CONCLUSIONS OF LAW:
Title 18 Deschutes County Zoning Ordinance.
A. CHAPTER 18.16. EXCLUSIVE FARM USE ZONE
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COMMISSIONERS in CU -10-2 (ANDERSON) — Deschutes County Document No. 2010-510
1. Section 18.16.030. Conditional Uses Permitted -High Value and Nonhigh Value
Farmland.
The following uses may be allowed in the Exclusive Farm Use zones on either high
value farmland or nonhigh value farmland subject to applicable provisions of the
Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of
DCC Title 18.
T. Room and board arrangements for a maximum of five unrelated persons in an
existing residence. If approved, this use is subject to the recording of the statement
listed in DCC 18.16.020(J)(6).
FINDING: The Board adopts the Hearings Officer's findings on this criterion and
concurs that Bed and Breakfast Inn, as defined by County Code, is not a use permitted in
the EFU zone.1 However, the Board modifies the decision such that the Board finds that
the applicants' request was not for a Bed and Breakfast Inn as a form of room and board
arrangements, as found by the Hearings Officer. The Board finds that, as originally
specified in the application, the request is for room and board arrangements for a
maximum of five unrelated persons in an existing single-family residence. The
applicants propose to use four rooms in the existing dwelling. No modifications to the
structure are proposed.
The Board concurs with the Hearings Officer's decision regarding the ambiguity in the
meaning of the term "room and board arrangements." The term is not clearly defined in
either the Deschutes County ordinances or in state law (ORS 215.283(2)(t)). The
applicants and Planning staff presented various definitions of "room and board.'
However, the Board finds that, because the term "Bed and Breakfast" was deleted from
the state statute over a decade ago and from the County Code in 2009 in order to conform
the code to the statute statue, a "Room and board arrangement" must be something mora
than a "Bed and Breakfast Inn." Thus, until such time as a public hearing can be held fo,
a text amendment to the County Code and the issue studied further, the Board finds i
must use the terminology as follows. "Room and board arrangements" means an owne
occupied single-family dwelling unit where lodging and meals are provided, in which II(
more than four guest rooms are provided for no more than five unrelated guests
Furthermore, a guest shall not rent for a time period less than 30 days.
The Board adopts the Hearings Officer's condition of approval requiring the recording i
waiver of remonstrance as provided in DCC 18.16.020(J)(6).
1 Deschutes County Code, Section 18.04, defines "Bed and Breakfast Inn" to mean:
"Bed and breakfast inn" means a single-family dwelling unit where lodging and meals are provided fc r
compensation, in which no more than three guest rooms are provided for no more than eight guests. 4
guest shall not rent for a time period longer than 30 consecutive days.
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2. Section 18.16.040. Limitations on Conditional Uses.
A. Conditional uses permitted by DCC 18.16.030 may be established subject to ORS
215.296 and applicable provisions in DCC 18.128 and upon a finding by the
Planning Director or Hearings Body that the proposed use:
1. Will not force a significant change in accepted farm or forest practices as defined
in ORS 215.203(2)(c) on adjacent lands devoted to farm or forest uses; and
2. Will not significantly increase the cost of accepted farm or forest practices on
surrounding lands devoted to farm or forest use; and
3. That the actual site on which the use is to be located is the least suitable for the
production of farm crops or livestock.
FINDING: The Board adopts the Hearings Officer's findings on this criterion except
that, with the conditions of approval imposed, the use is not a Bed and Breakfast, but the
impacts will not be any greater with the approved Room and board arrangement.
3. Section 18.16.070. Yards.
FINDING: The Board adopts the Hearings Officer's findings on this criterion.
B. CHAPTER 18.128. CONDITIONAL USES
1. Section 18.128.015. General Standards Governing Conditional Uses._
Except for those conditional uses permitting individual single-family dwellings,
conditional uses shall comply with the following standards in addition to the standards
of the zone in which the conditional use is located and any other applicable standard,:
of the chapter:
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;
FINDING: The Board adopts the Hearings Officer's findings on this criterion excel t
that, because this use will not be a Bed and Breakfast Inn, there will be no restrictions on
the number of meals served in a day and the length of stay of any guest must be moa e
than 30 days. These differences, however, are not significant enough to cause al y
problems with the site being suitable for the proposed use. The remaining site, design
and operating characteristics described in the Hearings Officer's decision remain the
same regardless of whether the use will be a Bed and Breakfast or a Room and Board
Arrangement.
Additionally, the applicants submitted documentation indicating resolution regarding t
shared well agreement issues. However, the Board agrees with the Hearings Officer tl at
this criterion can be satisfied by imposing the condition of approval noted in the Hearings
Officer's decision in order to assure that water is not an issue in the future.
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2. Adequacy of transportation access to the site; and
FINDING: The Board adopts the Hearings Officer's findings on this criterion.
3. The natural and physical features of the site, including, but not limited to,
general topography, natural hazards and natural resource values.
FINDING: The Board adopts the Hearings Officer's findings on this criterion.
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).
FINDING: The Board adopts the Hearings Officer's findings on this criterion except to
note again that the use is not a Bed and Breakfast Inn and is a Room and Board
Arrangement.
2. Section 18.128.310. Bed and Breakfast Inn.
A. Bed and breakfast inns shall be restricted to owner -occupied single-family
residences.
B. Bed and breakfast inns located in farm or forest zones shall utilize existing
dwellings or dwellings conforming to the requirements of those zones relating to
single-family dwellings.
C. No more than three sleeping rooms shall be available for the accommodation oj'
inn visitors.
D. No more than eight guests shall be accommodated at any one time.
E. Occupancies shall be limited to not more than 30 consecutive days.
F. Breakfast shall be the only meal provided to inn guests.
G. The exterior of the building shall maintain a residential appearance.
H. The bed and breakfast inn shall be operated in a way that will prevent
unreasonable disturbance to area residents.
I. One off-street parking space shall be provided for each guest room in addition ta'
parking required for the residence.
J. Approval shall be conditioned upon compliance with all applicable state buildin,,
code requirements and state sanitation requirements.
K. Bed and breakfast inns in the Wildlife Area Combining Zone are subject to the
provisions of DCC 18.88.
FINDING: As indicated in a foregoing finding, the Board finds the proposed request Is
not for a Bed and Breakfast Inn as a form of Room and board arrangements, but fi •r
Room and board arrangements in the EFU zone. Therefore, the Board finds the aboI e
criteria addressing the Bed and Breakfast Inn use are not applicable in this case except o
aid in defining a Room and board arrangement as something other than a Bed at d
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Breakfast Inn. With the conditions of approval, the Board finds that the proposed use is
not a Bed and Breakfast Inn and, therefore, allowed in the EFU zone.
Because Room and Board Arrangements are not defined in county or state law, the Board
does not intend this decision to preclude the ability for the County to adopt an
amendment to the County Code that will include the Bed and Breakfast Inn features in
the definition of a Room and Board Arrangement. Insufficient public input occurred with
this application, however, for the Board to make that determination at this time.
IV. DECISION:
Based on the testimony and written evidence in the record, the Board of County Commissioners
concludes that the applicants demonstrated either compliance with all relevant approval criteria
or that it is feasible to satisfy the criteria through the imposition of conditions of approval.
Accordingly, CU -10-2 is APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS
OF APPROVAL:
1. Except as described below, this approval is based on the submitted site plan, narrative, and
testimony at the hearing for the Room and board arrangement use. Any substantial changes
to this proposal will require a new application.
2. Prior to initiation of the use, the applicants shall either (a) enter into a specific agreemen
with the other party(ies) to the well agreement allowing such use; (b) obtain a fina
enforceable judgment from an appropriate court determining that the applicants have th
right to use water from the Seidler well for the proposed use; or (c) connect to another water
source acceptable to Deschutes County.
3. Prior to initiation of the use, the applicants shall obtain any necessary permits from the
Deschutes County Building Division. The applicants shall provide written documentation i o
the Planning Division illustrating all applicable building codes have been satisfied.
4. Prior to initiation of the use, the applicants shall obtain any necessary permits and ph n
review from the Deschutes County Environmental Health Division. The applicants shy 11
provide written documentation to the Planning Division illustrating all applicable code
requirements for sewage disposal, food preparation, and domestic water have been met.
5. Prior to initiation of the use, the property owner shall sign and record a waiver, binding the
property owner and the property owner's successors in interest, prohibiting them from
pursuing a claim for relief or cause of action alleging injury from farming or forest practices
for which not action or claim is allowed under ORS 30.936 or 30.937.
6. Prior to initiation of the use, the property owner shall record a condition of appro 'al
agreement that specifies that current and future owners of the subject property shall com >ly
with the approved Room and board arrangement use. A copy of the recorded condition: of
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approval agreement shall be submitted to the Planning Division. The conditions of approval
agreement must state that the applicants shall operate the use subject to the following
limitations:
1. No more than five unrelated persons will occupy the existing residence at any one time.
2. No more than four guest rooms shall be provided in the single-family dwelling unit.
3. The single-family dwelling shall be owner occupied.
4. No guest shall rent for a time period less than 30 days.
7. 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.
Other permits may be required. The applicants are responsible for obtaining any
necessary permits from the Deschutes County Building and Environmental Health
Divisions, the Deschutes County Road Department, as well as any required state or federal
permits.
V. DURATION OF APPROVAL:
The applicants shall complete all conditions of approval and initiate the proposed use within tw
(2) years of the date this decision becomes final, or obtain an extension of time pursuant t )
Section 22.36.010 of the County Code, or this approval shall be void.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Mailed this day of , 2010.
THIS DECISION BECOMES FINAL UPON MAILING. PARTIES MAY APPEAL T -HS
DECISION TO THE LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE ON
WHICH THIS DECISION IS FINAL.
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