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Home My WebLink AboutShepherd PARK Decision Matrix1 SHEPHERD PARK DECISION MATRIX The Appellant’s testimony identified several issue areas in the Staff Decision. These are summarized in the matrix below. Issue Information in Record Board Options Staff Comment 1. Least Suitable Ground Staff: The “least suitable” standard of DCC 18.16.040(A)(3) does not apply to this application. Applicant: Applicant’s biologist identified the park area as the least suitable for agriculture on the property. The suitability standard does not apply. Opponents: The exclusion of suitability requirements under 18.16.031 must be a clerical error. These requirements should apply. a. Adopt staff decision findings, with or without modification. b. Find that the suitability requirements apply under 18.16.031. Staff Recommendation: Adopt Staff’s findings on this issue. Sample motion for BOCC: “Move that the Board adopt the staff’s findings.” 2. Do Agri-Tourism and Commercial Activity provisions preclude Private Park weddings? Staff: The allowance of wedding under Agri-Tourism and Commercial Activity provisions neither precludes nor was intended to preclude Private Park weddings. Applicant: No. Opponents: The Board could choose to interpret County Code as providing Agri-Tourism and Commercial Activity as the appropriate use categories for wedding in the EFU zone and disallow wedding in private parks. a. Adopt staff decision findings, with or without modification. b. Restrict EFU weddings to Agri- Tourism and Commercial Activity permits. Staff Recommendation: Adopt Staff’s findings on this issue. Sample motion for BOCC: “Move that the Board adopt the staff’s findings.” 3. Will the park force a significant in change on surrounding farm use? Staff: No traffic impacts were identified. Record shows no significant impact to livestock at anticipated noise levels. Applicant: Provided a study on noise impacts to dairy use, showing no significant impact at 80 decibels and below. Opponents: Insufficient analysis on noise impacts on livestock and traffic impacts. a. Adopt staff decision findings, with or without modification. b. Find that the record is insufficient on noise and traffic impacts to surrounding farm use. Staff Recommendation: Find that the record demonstrates that the park will not force a significant in change on surrounding farm use. Sample motion for BOCC: “Move that the Board find that the record demonstrates that the park will not force a significant in change on surrounding farm use.” 4. Can the dwelling be used as part of the Park Facilities? Staff: The occasional and voluntary use of the dwelling to support events at the park did not preclude or interfere with the use of the dwelling for residential or farm management purposes. Applicant: Structures are frequently found in parks. Compliance with building and septic codes will ensure the structure is suitable for this use. Opponents: No. Use of the dwelling would require a home occupation permit. This proposal represents a change of use from the approved use as a farm dwelling. a. Adopt staff decision findings, with or without modification. b. Find that the dwelling may not be uses as a part of the private park. Staff Recommendation: Find that the dwelling can be used as part of the park facilities, as proposed. Adopt Staff’s findings on the compatibility of the park use of the dwelling with the residential and farm management use of the dwelling. Sample motion for BOCC: “Move that the Board adopt the staff’s findings and also find that the dwelling may be used as part of the private park, as proposed so long as necessary permits from the Deschutes County Environmental Soils, Environmental Heath, and Building Safety Divisions are obtained prior to initiation of the use..” 2 Issue Information in Record Board Options Staff Comment 5. Cinder as an All- Weather Surface Staff: Cinder is not an all-weather surface that complies with the code. The proposed 95 parking spaces are adequate for the proposed use. Applicant: Cinder is allowed as a surface on County roads (like Buckhorn Road) with much higher traffic. Appellant: The applicant has proposed insufficient parking and an inappropriate parking surface (cinder). a. Adopt staff decision findings, with or without modification. b. Find that cinder is an all-weather surface. Staff Recommendation: Adopt Staff’s findings on this issue. Sample motion for BOCC: “Move that the Board adopt the staff’s findings.” Is the Use a Private Park? Staff: Following the Hearings Officer’s Analysis in CU-13-13, staff believes that the hallmark of a park is recreational use. The receptions are plainly recreational and the very brief wedding ceremonies are incidental and subordinate to that use. As stated in Utsey, nothing in the statute requires construing “private park” narrowly. Applicant: Concurs with staff. The reception uses are the same one would observe in a typical park on the weekend during the summer. Opponents: No. Oregon Court of Appeals found EFU uses should be construed narrowly. Even if recreation is allowed, this is a commercial event center. The findings from CU-13-13, do not apply as the facts of that case were different. a. Adopt staff decision findings, with or without modification. b. Find that the proposed use is not a private park. Staff Recommendation: Adopt Staff’s findings on this issue. Find that, per Utsey v. Coos County, nothing in the statute requires construing “private park” narrowly. Sample motion for BOCC: “Move that the Board adopt the staff’s findings and find that nothing in the statute requires construing “private park” narrowly under Utsey v. Coos County.” 6. Has the Applicant complied with the 2001 FMP? / Does the 2001 FMP still apply? Staff: The 2001 FMP was required as part of the dwelling approval (CU-00-65). It is unclear, under ONDA v. Harney County, if the resident of the farm dwelling is required to continue to follow the prior FMP or continue to be principally engaged in farming at a commercial scale. The Board need not decide this issue as part of this case. Staff recommends the Board revise the administrative decision; Applicant: Nothing requires the applicant to continue the activities described in the 2001 FMP or risk losing their dwelling. Opponents: Commercial scale farming is not occurring on the property. Commercial scale farming must be continued by an owner principally engaged in farm use. If this is not occurring, a non -farm dwelling application is a possible remedy. a. Adopt staff decision findings, with or without modification. b. Find that demonstrated adherence to the approved FMP is required as part of this application. Staff Recommendation: Staff recommends the Board revise the administrative decision. Sample motion for BOCC: “Move that the Board find that: 1) as part of this case, the Board need not evaluate current compliance with the 2001 FMP or determine if CU-00-65 requires the resident of the farm dwelling to continue to be principally engaged in farming at a commercial scale, and 2) the proposed park use would not preclude or significantly interfere with the farm use described in the 2001 FMP, the current farm use of the property, or the desired future farm operations described by the applicant since the park and these farm uses are spatially and/or temporally separated. As such, farm and park uses are harmonious under 18.124.060 and the site is suitable for both uses under 18.128.015. 7. Is the park consistent with the 2001 Wildlife Management Plan (WMP)? Staff: The administrative decision found that the private park, as conditioned, would be compatible with either the 2001 WMP or the proposed modification (247-14-000401-MC), if approved. Applicant: Concurs with staff. Opponents: Does not comply with the “very little road usage” provision of the 2001 WMP. a. Adopt staff decision findings, with or without modification. b. Find that the park in snot compatible with the 2001 WMP. Staff Recommendation: Adopt Staff’s findings on this issue. Sample motion for BOCC: “Move that the Board adopt the staff’s findings.” 3 Issue Information in Record Board Options Staff Comment 8. Amend Condition #9 Staff: Based on Board concerns at the hearing, amend Condition #9. a. Amend Condition #9 b. Decline the amendment. Staff Recommendation: Staff recommends the Board revise the administrative decision. Sample motion for BOCC: “Move that the Board amend condition #9 to specify that a “weekend day” is Saturday or Sunday.” 9. Set Up and Clean Up Staff: The Board expressed concern regarding the potential for the limited duration events to extend into several days when set -up and take down are included. Staff recommends copying the Agri- Tourism requirements. a. Apply Agri- Tourism provisions. b. Decline the new condition of approval. Staff Recommendation: Staff recommends the Board revise the administrative decision. Sample motion for BOCC: “Move that the Board finds that analysis of compatibility of the proposed park with farm use of the property, residential use of the property, and wildlife impacts require the events to be of limited duration. To ensure that the all event activities are of limited duration, the Board adds the following condition of approval: Set-up and take down of all temporary structures and facilities shall occur up to one business day prior to the events or activities and one business day after the events between 7:00 a.m. and 10:00 p.m.” 10. DCC 8.08, Noise Control. Staff: Based on Board concerns at the hearing, add the following condition: Nothing in this decision waives compliance with or acts as a variance to the requirements of DCC 8.08, Noise Control. a. Apply the condition of approval. b. Decline the new condition of approval. Staff Recommendation: Staff recommends the Board revise the administrative decision. Sample motion for BOCC: “Move that the Board adds the following condition of approval: Nothing in this decision waives compliance with or acts as a variance to the requirements of DCC 8.08, Noise Control.” 11. Amend Condition #2 Staff Recommendation: Based on Board concerns at the hearing, amend Condition #2 as follows for clarity. a. Amend Condition #2 b. Decline the amendment. Staff Recommendation: Staff recommends the Board revise the administrative decision. Sample motion for BOCC: “Move that the Board amend condition #2 as follows: The applicant shall obtain all necessary permits from the Deschutes County Environmental Soils, Environmental Heath, and Building Safety Divisions, prior to initiation of the use. Specifically, the applicant shall provide written documentation from Deschutes County Environmental Soils, Environmental Heath, and Building Safety Divisions to Deschutes County Planning Division that all park structures and facilities are adequate for the proposed park use and comply with all applicable regulations, prior to initiation of the use.”