MEETING SUMMARY. Ms. Cherniak briefly reviewed the basics of SB 960, which provides for agri tourism events in the exclusive farm use areas.

Transcription

1 Washington County Agri tourism Technical Advisory Group Meeting #3 Thursday, 6:30 8:30 p.m. Washington Street Conference Center, Rooms 103 & SW Washington Street, Hillsboro, OR MEETING SUMMARY Present: Allen Amabisca, Save Helvetia Anthony Mills, Planning Commissioner Carolyn McCormick, Wash. Co. Visitors Association Chris Vial, Scholls Lodge Dan Schauer, OSU Extension Office Deborah Lockwood, Helvetia resident Eric Squires John Platt, Helvetia Winery Judy Marsh Leslie Morgan Linda deboer, Keep Helvetia Livable & Safe Richard Vial, Wash. Co. Planning Commissioner Robert Bailey, Save Helvetia Shah Smith Tony Ackerman Willard & Laura Shively Long Range Planning Staff: Theresa Cherniak, Principal Planner Anne Kelly, Associate Planner Angela Brown, Planning Assistant Welcome, Introductions & Purpose of Meeting: Theresa Cherniak welcomed the group and asked those present to introduce themselves. Ms. Cherniak briefly reviewed the agenda. Background on Agri Tourism: The January 9, 2014 meeting was briefly recapped. Ms. Cherniak noted that the Washington County Board of Commissioners (Board) directed staff to investigate options for implementation of agri tourism legislation. She noted Issue Paper No which discusses staff s initial scoping of agri tourism is available at this meeting for review. This paper was presented to the Board for their consideration during the adoption of the 2014 work program. The issue paper also discusses what is currently allowed in the rural area under the provisions of state law and several Oregon counties that adopted all or part of Senate Bill 960 (SB 960). Ms. Cherniak briefly reviewed the basics of SB 960, which provides for agri tourism events in the exclusive farm use areas. The allowed events must: Be incidental and subordinate to the farm use Support/relate to agriculture Department of Land Use & Transportation Planning and Development Services Long Range Planning 155 N First Avenue, Ste. 350 MS 14 Hillsboro, OR phone: (503) fax: (503) TTY: (503)

2 The four following types of event authorizations were identified in SB 960: 1. Expedited single event license 2. Single event in one calendar year (permit) 3. Up to six events in a calendar year (permit) 4. Up to 18 events that may occur for a longer period of time (permit) Agri tourism Technical Advisory Group Page 2 of 6 Event license/permit types allowed by SB 960 may not be combined in order to host more events per year than the maximum permitted by the bill. Event allowances under SB 960, however, are in addition to those afforded by other legislation, except that wineries practicing agri tourism must choose between agri tourism provisions of this bill or Senate Bill 841. For the permits, an applicant must address impact findings, which are findings made by the local governing body that the use will not: (a) force a significant change in accepted farm and forest practices on surrounding lands devoted to farm and forest use, or (b) significantly increase the cost of accepted farm and forest practices on surrounding lands devoted to farm and forest use. For the permit authorizing up to 18 events, the applicant must also address how proposed agri tourism events and activities are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area. Ms. Cherniak said that staff has met with the stakeholders listed below: Washington County s Building Official, Sheriff s Office, Health & Human Services, Current Planning staff, Operations & Traffic Engineering staff Tualatin Valley Fire & Rescue Fire Marshal The Washington County Visitors Association Water service providers The goal is to create standards to address or minimize conflicts, but still encourage agri tourism activities that will bring revenue into the county. Discussion points/staff responses: Is it standard operating procedure that the public has no input on drafting ordinances before they are filed? o Staff is still in the process of doing research and developing language. The TAG was assembled to help provide input to staff on developing standards. This is the third meeting of the TAG. Group members have provided varying perspectives on agri tourism. Input provided at the previous two meetings has been incorporated into information that has been presented to the Board. The Right to Farm in the rural area takes precedence over any other activity. Can the county be more lenient with their rules than the state? o No, the county may not be more permissive or lenient than what state law allows. Define event/don t define event Some rural commercial activities are already allowed. What are commercial activities? Define? Anne Kelly circulated reference sheets with photos showing a variety of crowd sizes in order to help the group visualize how large a gathering might look. Ms. Kelly distributed handouts (refer to meeting packet) including potential standards based on prior TAG group input and input from service providers, on which group members could mark preferences and add comments. These provided an opportunity to study scenarios that could be used to create standards for events associated with each permit type.

3 Page 3 of 6 [Note: The purpose of tonight s meeting and associated handouts was to continue the dialogue from the two previous TAG meetings. At the January TAG meeting, the group was asked to envision an agritourism program in its final form, and the handouts reflected potential standards/alternatives aimed at addressing various goals and concerns previously raised by the group. The intent was to proceed forward from the earlier meeting discussions, however several people in attendance had not attended prior meetings, and raised issues that had already been covered within earlier discussions and material.] Each of four handouts included potential agri tourism standards and alternatives, check boxes to determine individuals preferences, and baseline state requirements for reference. The first handout addressed potential standards and alternatives for all permit types. The others addressed additional standards and alternatives tailored to permits for: one event, up to six events, and up to 18 events. Ms. Kelly reviewed information from each handout with the group, answering code and policy related questions throughout. Primary variables discussed were minimum tract area sizes, maximum duration of activities, hours of operation, maximum number of attendees and vehicles, sound amplification, notification, and approval/renewal options. Potential standards regarding review type, traffic management, farm impacts, land and buildings, setbacks, and collaboration with other agencies and service providers were also discussed. Some of the highpoints: Review Type Type II since state regulations apply farm impact test requirements which call for a discretionary review; and because the state requires compliance with conditions applied by the county. Conditions of approval cannot be applied through a Type I review, nor is a Type I review intended for discretionary cases. A Type II is therefore the minimum needed. A group member noted that the staff report required via a Type II review would help to quell conflicts by outlining policies that must be followed. Notice 1000 feet from subject property under Type II review standards. Traffic management plan: show projected number of vehicles, anticipated use of roads, certified traffic control personnel as required by the county traffic analyst, fire district approved access plan, compliance with CDC access requirements of the EFU/AF 20 district, and sight distance standards. Fire district to review all applications for emergency access. It was suggested that fire safety should be considered as well, for example potential for vehicles to ignite dry grass in parking areas. Farm impacts waiver of remonstrance against farm practices, won t force changes to farm practices, Right to Farm laws. Amplified sound allowed at specific events and locations, approved through review process, must only take place between 7 a.m. and 10 p.m. per Washington County Code provisions, potential noise meter requirement, potential for Health Department involvement through noise variance process. Land/buildings No alteration/grading/paving, no new permanent structures, subject to fire/life/safety health regulations, remove temporary structures after event. Potential minimum setbacks Not required by state but we could apply. Deschutes applies 100 feet. Service providers service provider forms completed by Tualatin Valley Fire and Rescue, Sheriff, Health Dept, Water Master, Road Operations turned in with application. On site permits all permits available on site during an event (agri tourism permit, fire district permit for temporary structures, building permit for existing structures, OLCC license, service provider letters, etc). Additional information:

4 Page 4 of 6 Guidelines for weddings are they agri tourism activities? o Several counties suggest that if an applicant were able to justify how a wedding event is related to, incidental, and subordinate to a farming use, then they would consider it for approval subject to the same standards as any other agri tourism event. Weddings can be just two people getting married, with an officiator and witnesses. Receptions or celebratory gatherings are generally what people are most concerned about when they think of weddings, but such events may as easily represent a harvest celebration as a wedding. A celebratory event for whatever purpose may range from a very small group to hundreds or more, with or without amplified music, and with varying traffic levels, etc. Rather than focusing on event types by name, the suggested aim is therefore to focus on potential impacts per proposal and requirements for justification as to how each proposal meets farm related standards. Although they don t define incidental and subordinate, some of the ways that Deschutes County may address this requirement are: by comparing income from the event or series of events to income derived from farming over a growing season; or by considering whether time invested in events is incidental to time invested toward growing season work (i.e., six farm to table dinners per year vs. 90 day growing season). Discussion Points/staff responses: General Comments: The senate bill should be the baseline for creating guidelines. What IS an event? A clear, common sense definition is necessary. Outsourced resources such as catering, bartenders, band, etc., should be included in the percentage of income that is reported. Hiring outside resources is a way of skirting around income reporting. Don t inflict bad events on neighbors. The county has continued to let them have their illegal events. Significant delays in the process for court/hearings have occurred at the expense of the neighbor s quality of life. Staff has the capacity to structure protection for neighbors and the public. Need to have regulations that support good users. Some event proprietors would be very strict on what they would let happen on their land. This is a potential way for farmers to supplement their income and could be very beneficial to the county. Is there a requirement that property owners must live on the event site? o No, nor is there any state requirement for there to be a dwelling on site. Don t approve multi year event permits the county needs to collect funds every year because they would be spending money toward providing notice printing, staff time, etc. What about mass gatherings? o Mass gatherings are not part of agri tourism and are not land use decisions. Are there limitations for certain types of activities? Should there be limitations and if so, why? Would like to see a limit on the number of people who could attend 18 events in summer. o Could be determined in development review process. Will there be a requirement addressing financial responsibility/insurance of the event holder? How are you going to reach out to farmers? There needs to be a more diverse group to give input. There are too many moving parts & what if s here. Look at the type of event rather than number of events. Are we focusing on the little things or the major things that potentially cause many impacts to surrounding properties? Farm to table dinners cause far fewer impacts than large concerts or weddings. o See earlier staff comment re: weddings under Additional Information. Impacts of a farm to table dinner will also vary based on attendance level and amplified music, etc. Some locally have exceeded 100 attendees. It is important to be able to address potential impacts that will be

5 Page 5 of 6 specific to each event based on certain variables like site size, amplification, hours, traffic, etc., and not just address an event by its title. The county appears to approve ALL applications. o An application would never reach the stage where it would show a denied status because the county has a pre application process where a planner reviews the application with the applicant and identifies code conflicts. If an applicant foregoes the pre application process and a planner determines that a submitted application doesn t meet approval criteria, applicants are notified as early as possible and normally an application will be officially withdrawn before reaching the denial stage. This enables a partial refund to the applicant. Amplified sound/general enforcement issues: Amplification is one word to describe noise. How is this being defined? There are many forms of amplification, not just loud music. o We are working within parameters of the Washington County Code. Livestock can be very affected by noise. Who will enforce amplification limits? Who will test decibel levels? County planning staff is not available on weekends. There is inadequate code enforcement staffing for urban issues, let alone in the rural area. There is no identified decibel level limit in the Washington County Code. o Law enforcement would enforce conditions outlined in the staff report. The staff report and all permitting documents must be present on property during an event. Permits may be revoked. The Code Enforcement officer can issue citations and assess fines. Other counties have noted fewer code violations by having standards in place. Clackamas County revoked a permit when an incident occurred at a rodeo. If a noise meter is required, where would it be placed? o We will be meeting with the Health Department next week to discuss this, and other issues regarding amplified sounds. 100 setbacks what if the topography 100 from the property line actually make the noise worse? Imposing a setback doesn t make sense in certain circumstances. There are far fewer numbers of law enforcement personnel assigned to rural areas than in the Enhanced Sheriff s Patrol District. There could be very lengthy response times. Can the Sheriff s Office increase patrols in the area if they are informed when an OLCC license has been issued? The Sheriff s Office recommend denial of the application if they determine they don t have enough available personnel to deal with an event. What about alcohol/drug fueled incidents at these events? How is this going to be monitored? Event holders can get around many of the OLCC requirements by hiring bartenders/servers with F licenses, which means that the person is able to serve at varying locations. Catering doesn t have to be approved. OLCC does not monitor catering they only deal with the actual permit allowing alcohol to be served. Address REAL impacts and give law enforcement clear and objective standards to enforce and the teeth to enforce. Sheriff s personnel suggest that the OLCC has more power to shut down events than the Sheriff s Office. Other: What about school children s visits to pumpkin patches? Including these types of activities in the number of allowed events is problematic.

6 Page 6 of 6 o These types of activities are NOT counted toward agri tourism events. Visits to pumpkin patches, Christmas tree farms, and u picks, for instance, are considered part of direct sales and marketing of farm crops, which is a lawful, allowed use under ORS events on one property? Very few people who would like to participate in agri tourism can meet the 80 acre minimum lot size requirement. o In order to obtain a permit to host 18 events, SB 960 requires a minimum of an 80 acre tract, not parcel. A tract of land consists of property under contiguous ownership. Permits for one or six events per calendar year don t require the 80 acre provision. If we don t define an event narrowly enough, farm stands with fewer than 80 acres will be put out of business. o This is not about farm stands; they have their own legislation, and permitted farm stand events are not counted toward the number of events allowed via SB 960 they are allowed in addition. What about grandfathering? o No other counties have allowed for grandfathering and SB 960 doesn t provide for it. In Europe, there are overnight stays at farms and wineries. This option should be available to people here. Yamhill County has a 9 unit home occupation standard for bed and breakfasts. Washington County has a 5 person limit. o Washington County s standard reflects what is allowed per state law. We have spoken with DLCD about this. This discussion doesn t get at legitimate agri tourism. The Board sees agri tourism as important. We need to get together and get creative on this. Create regulations and solutions that work for Washington County, not what works for other counties. o We are limited by state law DLCD has to acknowledge whatever the county changes in its Comprehensive Plan. One person opined that neither the Planning Commission nor the Board would go forward with this proposal in its current form, suggesting that SB 960 isn t the answer to what the Board wanted. A representative from the OSU Extension Service of Washington County stated that agri tourism seems to be consistent with the Washington County Food System Plan that they prepared in conjunction with the Washington County Office of Sustainability, supported via resolution and order by the Board of County Commissioners in Adjourn: The meeting was adjourned at 9:40 p.m. Ms. Cherniak noted that all issues cannot be solved tonight. Staff will bring concerns forward to the Board and ask for its direction on ordinance filing. Meeting notes provided by Angela Brown S:\PLNG\WPSHARE\2014ord\OrdXXX_Agri tourism\public Engagement Process\TAG\\TAG_Mtg_Summary_ docm