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0.............."'"E Deschutes County Board of Commissioners
0 1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of 3/2/15
Please see directions for completing this document on the next page.
DATE: February 18,2015
FROM: Will Groves Community Development Department 388-6518
TITLE OF AGENDA ITEM:
A de novo public hearing on a conditional permit (247-14-000 228-CU and 229-SP) to establish a
private park on an EFU-zoned parcel east of Sisters for the purpose of hosting weddings, wedding
receptions, special events, and recreational activities.
PUBLIC HEARING ON THIS DATE? Yes
BACKGROUND AND POLICY IMPLICATIONS:
On February 3,2015 staff issued an administrative approval of a conditional permit (247-14-000
228-CU and 229-SP) to establish a private park on an EFU-zoned parcel east of Sisters for the
purpose of hosting weddings, wedding receptions, special events, and recreational activities.
By Order 2015-011, dated February 4, 2015, the Board initiated review of this application under
DCC 22.28.050 through a de novo hearing.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Staff recommends that the Board open the public hearing and receive testimony.
ATTENDANCE: Will Groves
DISTRIBUTION OF DOCUMENTS:
CDD, Legal
Community Development Department
Planning Division Building Safety Division Environmental Soils DIvision
P. O. Box 6005 117 NW Lafayette Avenue Bend. Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
TO: Deschutes Board of County Commissioners
FROM: Will Groves, Senior Planner
DATE: February 18, 2015
RE: A de novo public hearing on a conditional permit (247-14-000 228-CU and 229-SP)
to establish a private park on an EFU-zoned parcel east of Sisters for the purpose of
hosting weddings, wedding receptions, special events, and recreational activities.
Summary
On February 3, 2015 staff issued an administrative approval of a conditional permit (247-14-000
228-CU and 229-SP) to establish a private park on an EFU-zoned parcel east of Sisters for the
purpose of hosting weddings, wedding receptions, special events, and recreational activities.
By Order 2015-011, dated February 4, 2015, the Board initiated review of this application under
DCC 22.28.050 through a de novo hearing.
The present application is similar in many ways to a 2013 application on the subject property for a
private park (CU-13-13) that was denied by the Hearings Officer. Denial was based on several
issues, including that the application did not include a site plan review application. While the
present application does include a site plan application, staff believes many of the contentious
issues from the 2013 decision will be revisited in the Board's hearing on the present
application. Issue areas include:
Is the proposed use a "private park": The threshold question presented by this application is
whether the applicant's proposal constitutes a "private park." In her decision in CU-13-13/MA-13-3,
the Hearings Officer provided extensive analysis of this topic for a similar, prior application for a
private park on the subject property. Following that analysis, staff concluded that with the exception
of weddings, the term "park" clearly includes the types of recreational activities that the applicant
proposes for the private park, including:
• Outdoor eating with family and friends
• Public speaking using a sound system
• Listening to amplified music
• Singing, including karaoke
• Dancing in the pavilion (gazebo)
Quality Senlices Performed with Pride
• Lawn games such as volleyball and badminton in the volleyball court, croquet on the lawn,
catch, bocce ball, com hole and ring toss.
Staff concluded that a private park designed and operated for outdoor recreation can host
weddings and similar ceremonies so long as they are incidental and subordinate to the recreational
activities -i.e., minor and secondary activities relative to the recreational activities.
Farm Management Plan (FMP): The existing farm-related dwelling on the property was approved
in conjunction with a Farm Management Plan (FMP). The prior approval (MA-01-9/CU-00-65),
granted to the applicant's predecessor, required that the property be " ... currently employed in farm
use, as evidenced by a farm management plan ... ". In the administrative approval of present park
application, staff found that there is nothing in the dwelling approval that requires the applicant to
continue the prior owner's agricultural operations or to complete the future activities described in the
2001 FMP. Applicable criteria requires that the proposed development relate harmoniously to
existing development. Staff concluded that the park would not preclude or significantly interfere with
any existing farm use, prior farming practices, or the applicant-proposed future farm use.
Wildlife Management Plan (WMP): The 2001 Wildlife Management Plan (WMP) approved under
(MA-01-9/CU-00-65) includes required actions on the part of the land owner as part of the dwelling
location approval. To the extent that the proposed park use could somehow preclude or Significantly
interfere with the land owner's ability to complete those required actions, the private park proposal
would not relate harmoniously with the residential use of the subject property. A proposed
modification of the Wildlife Management Plan (247-14-000401-MC) is under appeal and has not
received final local approval. Staff concluded that the 2001 WMP does not presently impose any
required actions that could result in incompatibilities with the proposed private park. Should the
modification of the Wildlife Management Plan receive final approval in the future, Staff is uncertain
if the final conditions of that approval will include any incompatibilities with the proposed private
park. Staff notes, however, that the modified WMP, to date, has focused on deer forage
enhancement outside of the developed private park site. For this reason, Staff concluded that it is
unlikely that the modified WMP, if approved, will include any incompatibilities with the proposed
private park.
Metolius Deer Winter Range: The Hearings Officer found in CU-13-13/MA-13-3, "The subject,
property is located within a WA Zone and the Metolius Deer Winter Range, signifying it has natural
resource value as wildlife habitat." No changes to the existing scrub juniper woodland habitat are
required or proposed for operation of the private park. Proposed use of the private park would
occur between late May and early October, outside the period when deer would be using the
mapped Metolius Winter Deer Range on the subject property. For these reasons, staff concluded
that the proposed private park use would be compatible with the natural resource values of the
subject property.
Road and Parking Surface: The applicant proposed a cinder surface for the driveway from
Holmes Road and the parking area. However, based on the comment by the Deschutes County
Transportation Planner, Staff concluded that cinder is not a required "all-weather surface". As a
condition of approval, staff required that areas used for standing and maneuvering of vehicles shall
be paved or gravel, but not cinder, surfaces adequately maintained for all weather use and
maintained in a manner which will not create dust problems for neighboring properties.
Scheduling
File No.: PA-14-2 and ZC-14-2 Page 2 of 3
This hearing is scheduled for the Board's morning meeting on March 2, 2015. A work session is
scheduled for February 25, 2015.
Thank you for your consideration of this matter.
ATTACHMENTS:
1. Administrative approval of 247-14-000 228-CU and 229-SP
File No.: PA-14-2 and ZC-14-2 Page 3 of 3