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2015-516-Minutes for Meeting October 19,2015 Recorded 12/17/2015 DESCHUTES BLANKENSHIP, COUNTY CLERK VJ Z�+�'��� NANCY COMMISSIONERS ' JOURNAL 12/17/2015 03:43:28 PM 1[ 1MIIUHhIIIflhIIIII 1d ES pt, { Deschutes County Board of Commissioners .�� 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF THE BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, OCTOBER 19, 2015 Commissioners'Hearing Room -Administration Building- 1300 NW Wall St.,Bend Present were Commissioners Anthony DeBone, Alan Unger, and Tammy Baney. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Chris Schmoyer, Community Development; and David Doyle, County Legal Counsel Chair DeBone called the meeting to order at 10:00 a.m. • PLEDGE OF ALLEGIANCE • CITIZEN INPUT William Kuhn: Requested to speak regarding the Tumalo winter deer range and County process. He stated three items have been on the County's docket: text amendment and appeal of hearings officer's decision and appeal of property taxes. He stated that in June the Community Development Department agreed that the hearings officer's appeal would be held in September and then he would be in a p osition of whether or not to withdraw or appeal. Mr. Kuhn reported he has been informed it might not be until January. He commented. since the appeal hasn't been heard and no response has been received, he has to Board of Commissioners' Business Meeting Monday, October 19, 2015 Page 1 of 4 go ahead with the appeal on his property taxes and will prepare several subpoenas. Mr. Kuhn inquired if County Legal Counsel will be receiving the subpoenas for the various county personnel. County Counsel Doyle responded. that Assistant County Counsel John Laherty will contact Mr. Kuhn. Frank Izzo and Jeff Izzo: Approached the Commissioners stating there was information all over the interne that the appeal process for the solar farms would not be held. Chair DeBone noted there is a public hearing scheduled on this matter. 3. PUBLIC HEARING on Appeal of the Hearing Officer's Decision regarding Solar Photovoltaic Array (Solar Farms) Proposals East of Bend Chris Schmoyer, Community Development Department, noted a written request to withdraw all three appeals was received just before 10:00 this morning. He stated that in the event of the withdrawal the appeal proceedings shall terminate on the date received. Peter Gutowsky, Community Development Department noted there were three appeals and Ms. Jensen appealed both of hers and Mr. Cain appealed his. Those appeals were timely received and both had the option of hearing and that today was the scheduled public hearing on that matter. He pointed out that procedurally, the Board is unable to hear any testimony at this point even if there is significant interest and the hearings officer decision is final. County Counsel Dave Doyle noted the Board's jurisdiction in this matter is expired here through that procedural process. CONSENT AGENDA: Commissioner Baney stated she did not have an opportunity to review the listed minutes. Commissioner Unger asked to pull Item #1 from the Consent Agenda for discussion. 1. Consideration of Board Signature, Document No. 2015-676 Warranty Deed Conveying the Design Center Property in Redmond from Deschutes County to John Keifer Commissioner Unger expressed his opinion that he is glad this building was placed back on the market. Commissioner Baney noted that after review of the property it was best decided to sell it and invest the money back into other areas to best serve the community. Board of Commissioners' Business Meeting Monday, October 19, 2015 Page 2 of 4 UNGER: Move Board Signature of Document No. 2015-676, Warranty Deed Conveying the Design Center Property in Redmond from Deschutes County to John Keifer. BANEY Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 2. Approval of Minutes • Work Session Minutes of September 9, 2015, September 30, 2015, and. October 5, 2015 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT • Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the amount of $20,815.50 UNGER: Move approval, subject to review BANEY: Second VOTE: UNGER: Yes BANEY: Yes DEBONE: Chair votes yes CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT • Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District in the amount of$188.42 UNGER: Move approval, subject to review BANEY: Second VOTE: UNGER: Yes BANEY: Yes DEBONE: Chair votes yes Board of Commissioners' Business Meeting Monday, October 19, 2015 Page 3 of 4 RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS • Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the amount of$593,344.74 UNGER: Move approval, subject to review BANEY: Second VOTE: UNGER: Yes BANEY: Yes DEBONE: Chair votes yes ADDITIONS TO THE AGENDA: None were offered Being no other items brought before the Board, the meeting was adjourned at 10:14 a.m. DATED this Z/ v � Day of /V/ ie/i/kNA __ 2015 for the Deschutes County Board of Commissioners. ,, (7-7`7 ' /V;:< Anthony DeBone, Chair Cdct, Alan Unger, Vice Chair ATTES : C �� Tammy Baney, ommissioner • Recording Secretary Board of Commissioners' Business Meeting Monday, October 19, 2015 Page 4 of 4 J�ESc � D, ,OL 0.'' Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, OCTOBER 19, 2015 Commissioners' Hearing Room-Administration Building - 1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT: This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card(provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the official record of that hearing. 3. PUBLIC HEARING on Appeal of the Hearing Officer's Decision regarding Solar Photovoltaic Array (Solar Farms) Proposals East of Bend— Chris Schmoyer, Community Development Department CONSENT AGENDA: 1. Consideration of Board Signature, Document No. 2015-676 Warranty Deed Conveying the Design Center Property in Redmond from Deschutes County to John Keifer 2. Approval of Minutes • Work Session Minutes of September 9, 2015 • Work Session Minutes of September 30, 2015 • Work Session Minutes of October 5, 2015 Board of Commissioners' Business Meeting Agenda Monday, October 19, 2015 Page 1 of 4 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT • CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H N IN G COUNTY SERVICE DISTRICT • CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS • CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County ADDITIONS TO THE AGENDA To watch this meeting on line, go to: http://www.deschutes.org/bcc/pagie/board-meetinq-videos Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. ®® Deschutes County encourages persons with disabilities to participate in all programs and 467® activities. To request this information in an alternate format please call (541)617-4747, or email ken.harmsdeschutes.orq. PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2) (b), personnel issues; or other executive session items. FUTURE MEETINGS: (Please note:Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners'meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting,please call 388-6572.) Board of Commissioners' Business Meeting Agenda Monday, October 19, 2015 Page 2 of 4 Monday, October 26 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, October 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session —could include executive session(s) Thursday, October 29 11:00 a.m. HR Department Update—Allen Conference Room Monday, November 2 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, November 3 1:30 p.m. Department Update—9-1-1 at 9-1-1 3:30 p.m. Regular Meeting of the Public Safety Coordinating Council Wednesday, November 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, November 5 3:00 p.m. Joint Meeting with Fair Board, at Fair/Expo Conference Room Tuesday, November 10 6:00 p.m. Joint Meeting with Redmond City Council, at Redmond City Hall Board of Commissioners' Business Meeting Agenda Monday, October 19, 2015 Page 3 of 4 Wednesday, November 11 Most County offices will be closed to observe Veterans'Day. Tuesday, November 17 10:00 a.m. Meeting of 911 Executive Board at 911 ® Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541)617-4747, or email 4.1 ri ken.harmsdeschutes.org. Board of Commissioners' Business Meeting Agenda Monday, October 19, 2015 Page 4 of 4 G� -r�s cdL pDeschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 -www.deschutcs.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, OCTOBER 19, 2015 Commissioners'Hearing Room-Administration Building - 1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card(provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the official record of that hearing. 3. PUBLIC HEARING on Appeal of the Hearing Officer's Decision regarding Solar Photovoltaic Array (Solar Farms) Proposals East of Bend — Chris Schmoyer, Community Development Department CONSENT AGENDA: 1. Consideration of Board Signature, Document No. 2015-676 Warranty Deed Conveying the Design Center Property in Redmond from Deschutes County to John Keifer 2. Approval of Minutes • Work Session Minutes of September 9, 2015 • Work Session Minutes of September 30, 2015 • Work Session Minutes of October 5, 2015 Board of Commissioners' Business Meeting Agenda Monday, October 19, 2015 Page 1 of 4 CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT • CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT • CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-1-1 County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS • CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County ADDITIONS TO THE AGENDA To watch this meeting on line, go to: http://www.deschutes.org/bcc/page/board-meeting-videos Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. )1, Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541)617-4747, or email ken.harms(7a deschutes.org. PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session items. Board of Commissioners' Business Meeting Agenda Monday, October 19, 2015 Page 2 of 4 FUTURE MEETINGS: (Please note:Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners'meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting,please call 388-6572.) Monday, October 26 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session —could include executive session(s) Wednesday, October 28 10:00 a.m. Board of Commissioners' Meeting g 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, October 29 11:00 a.m. HR Department Update—Allen Conference Room Monday, November 2 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday,November 3 1:30 p.m. Department Update—9-1-1, at 9-1-1 3:30 p.m. Regular Meeting of the Public Safety Coordinating Council Wednesday, November 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, November 5 3:00 p.m. Joint Meeting with Fair Board, at Fair/Expo Conference Room Board of Commissioners' Business Meeting Agenda Monday, October 19, 2015 Page 3 of 4 Tuesday, November 10 6:00 p.m. Joint Meeting with Redmond City Council, at Redmond City Hall Wednesday, November 11 Most County offices will be closed to observe Veterans'Day. Tuesday, November 17 10:00 a.m. Meeting of 911 Executive Board at 911 /A� Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747, or email or" ken.harms(a�deschutes.org. Board of Commissioners' Business Meeting Agenda Monday, October 19, 2015 Page 4 of 4 0!)47 BOARD OF COMMISSIONERS' MEETING ijiMbl REQUEST TO SPEAK z,bt(1019' . / Agenda Item of Interest "° te' Date Name (/01. 1. 1l Address 140 `., C..e44 Phone #s E-mail address In Favor Neutral/Undecided Opposed Submitting written documents as part of testimony? Yes No gG s °r.+ Deschutes County Board of Commissioners 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 10/19/15 Please see directions for completing this document on the next page. DATE: October 14, 2015 FROM: Chris Schmoyer Community Development Department 317-3164 TITLE OF AGENDA ITEM: A de novo public hearing on a conditional use permit and site plan review to allow the development of a solar voltaic array(solar farm) on property zoned Exclusive Farm.Use-Tumalo/Redmond/Bend (EFU- TRB) subzone. Landscape Management (LM) Site Plan Review is also proposed as the development would be visible from Highway 20, the LM feature. Peter Caine and Cathy Jensen separately appealed the Deschutes County Hearings Officer's decision on Application Nos. 247-15-000170-CU/171-SP/172-LM (Oregon Solar Land Holdings, LLC) PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: On September 18, 2015 a County Hearings Officer issued a decision approving a conditional use permit and site plan review (247-15-000170-CU/171-SP/172-LM ) for the development of a solar voltaic array(solar farm) on a portion of the subject property. By Order 2015-046 dated October 5, 2015, the Board initiated review of this application under Y � � PP 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. Because the 150-Day review clock expires on November 7, 2015, Staff requests the Board close the record at the end of the October 19, 2015 hearing. The applicant is afforded under Statute, seven days for final legal argument (October 26, 2015). ATTENDANCE: Chris Schmoyer and Peter Gutowsky DISTRIBUTION OF DOCUMENTS: CDD, Legal S lu 1 Community Development Department -< 0 Planning Division Building Safety Division Environmental Soils Division 0 r ry;'} a"u' 'l k Wu '4,:; r ;Fti'.�;",'+CV .�..!�; u,�Wrrak'�4r>'.•wk .. r'.rd.;:+[+++ • m 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: Chris Schmoyer, Associate Planner DATE: October 14, 2015 RE: A de novo public hearing on appeal of a County Hearings Officers' decision approving a conditional use permit and site plan review for the development of a solar voltaic array (solar farm) on property zoned Exclusive Farm Use- Tumalo/Redmond/Bend (EFU-TRB) subzone. File Nos. 247-15-000170-CU/171- SP/172-LM The hearing is scheduled for the Board of County Commission's (Board) morning meeting on October 19, 2015. Summary The applicant, Oregon Solar Land Holdings, LLC (applicant) requested conditional use and site plan approval to allow the development of a solar farm on property zoned EFU-TRB. The applicant indicates that the proposal would use approximately 80 acres of the approximate 157-acre site for the solar farm. The property is also within the Airport Safety (AS) Combining Zone associated with the Bend Municipal Airport and within the Landscape Management Combining Zone associated with Highway 20. The property is located approximately one mile east of the Bend City Limits Boundary and Urban Growth Boundary (UGB). The property is located at the northwest corner of the intersection of Highway 20 and Erickson Road. To the west of the subject property, abutting Highway 20 is an approximate 27-acre EFU-zoned parcel owned by Pacific Power and Light that is developed with an electric substation. West of the substation lot, is property developed with a church, The Christian Life Center The Hearings Officer issued a decision on September 18, 2015 approving the proposal subject to the applicant complying with 15 conditions of approval (Attachment 1). On September 29, 2015, Peter Caine appealed the decision to the Board (File No. 247-15-000534- A; Attachment 2). Additionally, on September 30, 2015, Cathy Jensen also appealed the decision to the Board (File No. 247-15-000540-A; Attachment 3). Quality Services Performed with Pride By Order 2015-046, dated October 5, 2015, the Board initiated review of this application under DCC 22.28.050 through a de novo hearing. Notification of the Board's October 19, 2015 hearing was mailed to all parties of interest on October 8, 2015. 150-day Issuance of a Final Local Decision The 150-day period for issuance of a final local decision for both applications under Oregon Revised Statute 215 expires on November 7, 2015. The applicant has not offered to toll the 150- day deadline. Due to this, the Board is on an extremely compressed schedule as shown below: October 5 Work session was held and Board decided to hear the appeals de novo on October 19, 2015 at 10:00 am. October 8 Notice mailed to parties of interest (everyone who has standing). October 14 Appellants required to submit a transcript of hearing (5 days before hearing) October 19 De novo public hearing to be held. Staff suggests that this hearing be opened and then closed on this date. Under Statute applicant is afforded seven days for final legal argument (October 26)1 November 2 BOCC deliberations November 4 BOCC decisions November 7 150-day deadline Appeals The notice of appeal from appellant Peter Caine requested denovo review and describes 14 assignments of error alleging that the Hearings Officer's Decision does not comply with applicable criteria pertaining to visual impacts on neighboring properties, the provision of sufficient screening, requiring a bond in an amount that is inadequate for reclamation of the site, improper interpretation of Oregon Administrative Rules, and more. Please see Attachment 2 for Mr. Caine's Notice of Intent to Appeal. The notice of appeal from appellant Cathy Jensen describes several assignment of error alleging that the Hearings Officer's Decision erred in applying OAR 660-033-130 (38), his interpretation of high value farmland and high value farmland soils definitions in OAR 660-033-130 (38) and ORS 195.300 (10), misinterpreting the term "commercial agricultural enterprise", suitability of the site for the proposed use DCC 18.128.015, imposition of inadequate conditions of approval pertaining to screening, fencing and maintenance of vegetative buffer, etc... Please See Attachment 3 for Mrs. Jensen's Notice of Intent to Appeal. Appellant Cathy Jensen requested de novo review for two issues: 1. The application of the policies set forth in ORS 197.012 and specifically the policy implications of permitting 160 contiguous acres for the first utility-scale industrial solar farm in the County. Staff recommends at the hearing that the two Solar Farm appeals be conducted jointly for testimony purposes. Staff can alert the public at the hearing that if someone's testimony exclusively applies to just one of the applications to make it known to the Board(and staff)for record keeping. File Nos.:247-15-000168-CU1169-SP Page 2 of 3 2. The suitability of the site for the proposed uses under DCC 18.128.015, including impacts on property values. ATTACHMENTS: 1. Hearings Officer's decision of approval of 247-15-000170-CU/171-SP/172-LM 2. Caine Appeal: File No. 247-15-000534-A 3. Jensen Appeal: File No. 247-15-000540-A File Nos.:247-15-000168-CU/169-SP Page 3 of 3 Esc+ oil (1D11,411rvilk. Deschutes County Board of Commissioners 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 10/19/15 Please see directions for completing this document on the next page. DATE: October 14, 2015 FROM: Chris Schmoyer Community Development Department 317-3164 TITLE OF AGENDA ITEM: A de novo public hearing on a conditional use permit and site plan review for the development of a solar voltaic array(solar farm) on a portion of the subject property zoned Exclusive Farm Use- Tumalo/Redmond/Bend (EFU-TRB) subzone. Appellant, Cathy Jensen, has appealed the Hearings Officer's decision of approval for Files 247-15-000168-CU/169-SP. PUBLIC HEARING ON THIS DATE? Yes BACKGROUND AND POLICY IMPLICATIONS: On September 18, 2015 a County Hearings Officer issued a decision approving a conditional use permit and site plan review (247-15-000168-CU/169-SP ) for the development of a solar voltaic array (solar farm) on a portion of the subject property. By Order 2015-048, dated October 5, 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. Because the 150-Day review clock expires on November 7, 2015, Staff requests the Board close the record at the end of the October 19, 2015 hearing. The applicant is afforded under Statute, seven days for final legal argument (October 26, 2015). ATTENDANCE: Chris Schmoyer and Peter Gutowsky DISTRIBUTION OF DOCUMENTS: CDD, Legal 0,,Es T., n Community Development Department I11 0 Planning Division Building Safety Division Environmental Soils Division «+•■w ..,,, „t„�<n G, vn;;P^11 „ d v, :f%�yN'1'r ir,,e bL��ci",r�h�t;r '',,^ 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: Chris Schmoyer, Associate Planner DATE: October 14, 2015 RE: A de novo public hearing on appeal of a County Hearings Officers' decision approving a conditional use permit and site plan review for the development of a solar voltaic array (solar farm) on a portion of the subject property zoned Exclusive Farm Use-Tumalo/Redmond/Bend (EFU-TRB) subzone. File Nos. 247-15-000168- CU/169-SP The hearing is scheduled for the Board of County Commission's (Board) morning meeting on October 19, 2015. Summary The applicant, Norwest Energy 2, LLC (applicant), requested conditional use and site plan approval to allow the development of a solar farm on a portion of the subject property zoned EFU- TRB. The property is also within the Airport Safety (AS) Combining Zone associated with the Bend Municipal Airport. The applicant indicates that the proposal would use approximately 80 acres of the 118.71-acre site for the solar farm. The property is located approximately three-fourths of a mile east of the Bend City Limits Boundary and Urban Growth Boundary (UGB). The property is bounded by Neff Road to the south and Erickson Road to the east and is adjacent and to the east of Big Sky Park. The Hearings Officer issued a decision on September 18, 2015 approving the proposal subject to the applicant/owner complying with 13 conditions of approval (Attachment 1). On September 30, 2015, Cathy Jensen (appellant) appealed the decision to the Board (File No. 247-15-000539-A; Attachment 2). By Order 2015-048, dated October 5, 2015, the Board initiated review of this application under DCC 22.28.050 through a de novo hearing. Notification of the Board's October 19, 2015 hearing was mailed to all parties of interest on October 8, 2015. 150-day Issuance of a Final Local Decision The 150-day period for issuance of a final local decision for both applications under Oregon Revised Statute 215 expires on November 7, 2015. The applicant has not offered to toll the 150- day clock. Due to this, the Board is on an extremely compressed schedule as shown below: Quality Services Performed with Pride October 5 Work session was held and Board decided to hear the appeal de novo on October 19, 2015 at 10:00 am. October 8 Notice mailed to parties of interest (everyone who has standing). October 14 Appellant required to submit a transcript of hearing (5 days before hearing) October 19 De novo public hearing to be held. Staff suggests that this hearing be opened and then closed on this date. Under Statute applicant afforded seven days for final legal argument (October 26)1 November 2 BOCC deliberations November 4 BOCC decisions November 7 150 day deadline Appeal The notice of appeal describes several assignment of error(see Attachment 2) The notice of appeal from appellant describes several assignment of error alleging that the Hearings Officer's Decision erred in applying OAR 660-033-130 (38), his interpretation of high value farmland and high value farmland soils definitions in OAR 660-033-130 (38) and ORS 195.300 (10), misinterpreting the term "commercial agricultural enterprise", suitability of the site for the proposed use DCC 18.128.015, imposition of inadequate conditions of approval pertaining to screening, fencing and maintenance of vegetative buffer, etc... Appellant requests de novo review for two issues: 1. The application of the policies set forth in ORS 197.012 and specifically the policy implications of permitting 160 contiguous acres for the first utility-scale industrial solar farm in the County. 2. The suitability of the site for the proposed uses under DCC 18.128.015, including impacts on property values. Attachments: 1. Hearings Officer's decision of approval of 247-15-000168-CU and 169-SP 2. Jensen appeal: File No. 247-15-000539-A 1 Staff recommends at the hearing that the two Solar Farm appeals be conducted jointly for testimony purposes. Staff can alert the public at the hearing that if someone's testimony exclusively applies to just one of the applications to make it known to the Board(and staff)for record keeping. File Nos.:247-15-000168-CU/169-SP Page 2 of 2 • "'Mk Deschutes County Board of Commissioners 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 October 19, 2015 Please see directions fo r completing thi s docu ment on the next page. DATE: October 16,2015 FROM: Susan Ross Property&Facilities 541-383-6713 TITLE OF AGENDA ITEM: Consideration of Board signature of Document 2015-676,a Warranty Deed to John P. Keifer. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: Through the direction of the Board of Commissioners, Deschutes County advertised and negotiated the sale of the Design Center at 2127 S. Highway 97, Redmond. The sale includes the existing land,the existing structure and all associated on-site amenities. The negotiated sale price is Two Million,Two Hundred Thousand Dollars($2,200,000). After the Board of Commissioners sign this deed, the Buyer will complete the sale process(including necessary documents for their financing of this purchase through Deschutes County—Promissory Note and Trust Deed provided by County)with AmeriTitle in Bend, OR. It may necessary for Deschutes County to sign additional documents associated with the closing. The Board of Commissioners should designate the Director of the Property and Facilities Department with the authority to sign any necessary documents on behalf of the Board upon closing of the sale. FISCAL IMPLICATIONS: No on-going implications. Gross sales price is$2,200,000. The buyer paid$500,000 as a down payment. Deschutes County will carry a 20-year Note on the property for the remaining$1,700,000. RECOMMENDATION & ACTION REQUESTED: Staff recommends signature of Document 2015-676. ATTENDANCE: James Lewis, Property Manager DISTRIBUTION OF DOCUMENTS: Original to James Lewis.