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2016-19-Minutes for Meeting December 21,2015 Recorded 1/20/2016 DESCHUTES OFFICIAL DS NANCY BLANKENSHIP, COUNTY CLERK W 201649 U�0TES Q COMMISSIONERS' JOURNAL 0113012016 48;13.40 AM / 2 15- B Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 DOCument Reproduces POOdy (541) 388-6570 - Fax (541) 385-3202 - www.deschutcs.org (Archived) MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, DECEMBER 21, 2015 Commissioners'Hearing Room -Administration Building- 1300 NW Wall St., Bend Present were Commissioners Anthony DeBone Tammy Baney and Alan Unger. Also present were Tom Anderson, County Administrator; Dave Doyle, County Counsel; Nick Lelack, Paul Blikstad, Peter Gutowsky and Peter Russell, Community Development; and approximately thirty other citizens, including representatives of the media. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN INPUT None was offered. CONSENT AGENDA It was decided that Item #8 will be reviewed further at today's Board work session. Commissioner Baney indicated she had not had time to review the minutes, so they were removed from the agenda. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 1 of 17 BANEY: Move approval of the consent agenda with these changes. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 4. Board Signature of Document No. 2015-724, a Special Transportation Fund. Grant Agreement with Central Oregon Intergovernmental Council 5. Board Signature of Document No. 2015-721, an Intergovernmental Agreement/Grant between High Desert Education Service District and. County Health Services 6. Chair Signature of Document No. 2015-735, an Intergovernmental Agreement between Oregon Criminal Justice Commission and County Community Justice to Fund Victims' Services Agencies 7. Board Signature of Document No. 2015-759, an Application to Apply for a Grant from the U.S. Department of Justice, Office on Violence Against Women, Justice for Families Program 8. Board Signature of Document No. 2015-743, an Infrastructure Improvement Agreement with Tetherow Resort (Cascade Vista) 9. Board Signature of the Acquisition of a Clear Vision Easement and Acceptance of a Public Right-of-Way, Fryrear Road at Cascade Estates Drive 10. Board Signature of Document No. 2015-717, Extending an Agreement with Telmate regarding Inmate Phone Services 11. Board Signature of Resolution No. 2015-112, Declaring Certain Personal Property Surplus and Directing Disposal (Information Technology) 12. Board Signature of Document No. 2015-758, a License to Use a Right-of- Way on First Street in La Pine for the La Pine Park & Recreation District 13. Board Signature of Resolution No. 2015-113, a Budget Adjustment Appropriating the Proceeds of Full Faith & Credit Refunding 14. Board Signature of Resolution No. 2015-114, Rescinding the Authorizat6ion of a Change Fund and Petty Cash Fund for the Victims' Assistance Fund 15. Board Signature of Resolution No. 2015-115, Appropriating New Grants in the Adult Parole & Probation Fund Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 2 of 17 16. Board Signature of Letters Appointing Individuals to the Board of Deschutes River Recreation Homesites Special Road District Unit 8, Part 3: • Shawn McDaniel, through December 31, 2018 • Josh Hanson, through December 31, 2016 • Nicole Precone, through December 31, 2017 17. Board Signature of a Letter Accepting the Resignation of Clyde "Bud" Preston from the Forest View Special Road District, and Thanking him for his Service 18. Board Signature of Letters regarding Central Oregon Intergovernmental Council Appointments: • Accepting the Resignation of Tim Casey, and Thanking him for his Service • Reappointing David Dona of COCC; Chris Bellusci of Geo-Engineers; Jim Kirkbridge of St. Charles Health System; and John McLeod of Mt. Bachelor, Inc., through December 31, 2017 19. Board Signature of Minutes: • Work Sessions of December 7 and 9, 2015 ▪ Business Meetings of December 7 and 9, 2015 • Public Hearing on Goal 11 Exception Process, October 28, 2015 • Public Hearing on Marijuana Businesses, December 2, 2015 • g Budget Committee Meeting of December 15, 2015 g ACTION ITEMS 20. Before the Board was Consideration of Board Signature of Document No. 2015-747, a Notice of Intent to Award Contract Letter for the Provision of an On-Site Pharmacy within the Deschutes County Downtown Clinic. Lori Hill gave a brief overview of the item. There was an RFP process with two bidders, and only one would provide on-site services as needed to the client population. There should be no cost to the County. UNGER: Move signature. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 3 of 17 21. Before the Board was Consideration of Second Reading, by Title Only, and Adoption of Ordinance No. 2015-019 and 2015-020, Amending Code to Enable the County to Not Process Land Use Applications for Properties with Existing Code Violations. Peter Russell explained the item, and said that he contacted the stakeholders committee and they are supportive of the current document, as is the Planning Commission. UNGER: Move second readings by title only of the Ordinances. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Chair DeBone conducted the second readings by title only of each Ordinance. BANEY: Move adoption of the Ordinances. UNGER: Second. VOTE: BANEY: Yes. Yes. DEBONE: Chair votes yes. 22. Before the Board were Deliberations and Consideration of First Reading, by Title Only, of Ordinance No. 2016-001, a Plan Amendment from Exclusive Farm Use to Rural Industrial Exception Area (Deschutes Junction - Aceti). Paul Blikstad and Peter Gutowsky came before the Board to give an overview of the item. Final arguments and testimony were provided to the Board and some options were provided as well. Commissioner Unger said this has been a challenging piece of property for a long time. He supports the Hearings Officer's conclusion. Commissioner Baney agreed, and feels this is the strongest decision they have seen regarding this property and area. Chair DeBone added that there is a lot of history on the area. He also supports the Hearings Officer's decision. UNGER: Move first reading by title only of Ordinance No. 2016-001. BANEY: Second. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 4 of 17 Commissioner Unger wanted to be sure that all counties were aligned on how this should be handled. All the Commissioners want to be sure the law is followed to properly manage Sage Grouse habitat, and the process seems to be working well for the ranchers and others who are affected. Chair DeBone opened the hearing. Being no testimony offered, he closed the hearing. BANEY: Move first and second readings by title only, and adoption by emergency of Ordinance No. 2015-010. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Chair DeBone conducted the first and second readings of Ordinance No. 2015- 010, by title only, declaring an emergency. BANEY: Move adoption by emergency of Ordinance No. 2015-010. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 25. Before the Board was a Public Hearing (continued from December 2), and Consideration of First and Second Readings by Title Only, and Adoption by Emergency of Ordinance No. 2015-011, Amending Code Title 18 to Adopt Sage Grouse Inventories and Regulations. BANEY: Move first and second readings by title only, and adoption by emergency of Ordinance No. 2015-011. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Chair DeBone conducted the first and second readings of Ordinance No. 2015- 011, by title only, declaring an emergency. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 6 of 17 BANEY: Move adoption by emergency of Ordinance No. 2015-011. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 26. Before the Board was Deliberations and Consideration of First Reading by Title Only of Ordinance No. 2016-003, a Text Amendment regarding Deschutes County Code Title 18 to Modify DCC 18.113.060, Standards for Destination Resorts (Eagle Crest). Peter Gutowsky advised that this is a text amendment initiated by Eagle Crest Resort to modify how they account for overnight lodging, relying on national websites and other ways to document this information. This only pertains to Eagle Crest. At the end of the hearing, the Board had closed the oral record and left the written record open. There was a typographical error that is addressed in the staff report. Everyone who has participated is aware of this small edit. Also, the applicant addressed the question of who is going to pay for staff review of the annual report. This will be provided by Eagle Crest based on the staff time required. Commissioner Baney thinks this is a good solution for an issue that has been challenging for years. It meets the needs of the County and the resort. Eagle Crest is unique and the language is narrowly focused to just this resort, which is the original one in the area. Technology has changed since then and reporting can be handled in a very different way. This is the best case scenario to move forward. Commissioner Unger agreed. It is a work in progress and can be revisited if it needs to be refined. Chair DeBone also concurred. There is a lot of history and they need to move forward in this way. UNGER: Move first reading by title only of the Ordinance. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. Chair DeBone conducted the first reading by title only of Ordinance No. 2016- 003. The second reading will take place on January 4. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 7 of 17 27. Before the Board was Deliberations and Consideration of Ordinances regarding Marijuana-related Businesses. Exhibit A: Planning Commission Deliberation Worksheet: Proposed Marijuana Related Businesses —Permitted Exhibit B: Ordinance Language Exhibit C: Planning Commission Recommendations: Summary of Zones Permitting Marijuana Related Businesses Exhibit D: Definitions pertaining to Marijuana Related Businesses Exhibit E: Proposed Opt Out Ordinances: • Prohibiting the Establishment of Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors — Total Opt Out • Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors — Medical Marijuana Processing • Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors —Medical Marijuana Dispensaries • Prohibiting the Establishment of Identified. Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors — Operation of Marijuana Producers • Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors — Operation of Marijuana Processors . Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors -- Operation of Marijuana Retailers . Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors — Operation of Marijuana Wholesalers Chair DeBone said there has been a lot of great effort taken to address this issue, based on what has been handed to the counties by the State. Nick Lelack and Matt Martin summarized what can be considered. A memorandum explains some of the items, along with some matrixes and other information. Mr. Lelack asked how the Board wants to proceed. There are regulatory proposals as well as opt out proposals. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 8 of 17 Commissioner Unger said he supports trying to figure out some rules rather than opting out. Commissioner Baney believes this is the last day to decide on whether to opt out. She appreciates all the input from both sides. She has yet to see an issue that has crossed every person in some way, and she has learned a lot. Their job is to be objective. She appreciates the Planning Commission's work and the public comments. Until this morning, she said she was still not sure how to handle it. The decisions they make today will affect everyone for years to come. Whether someone is for or against some of it, she has heard very thoughtful approaches to this issue. She has not heard anyone say that they don't care about their neighbors. In reviewing Measure 91, there was a disservice affecting everyone. It was supposed to allow personal use and most felt that this was to be done in people's own homes. The entire issue was not made clear to the public. They are now faced with issues regarding commercial activities and the businesses associated with this. Measure 91 does not talk about this at all. It left others unaware of the potential consequences and they are faced with having to figure it out. Until today, she thought the right thing to do was to restrict how it might be allowed and adjust those restrictions as appropriate in the future. However, it is hard to un-ring a bell. With the support of those who want to grow and those who want to be good neighbors, to regulate the concerns: odor foremost, activities on easements, size, location, all of these issues, the difficulty is that there is a right to farm law. The right to farm law is unique to Oregon. She looked at Colorado and Washington to try to find similar communities. Deschutes County is unique and not like others in Oregon, either. There are similarities to use as a benchmark. Those areas do not allow some of the proposed uses. Oregon has strenuous land use laws for good reasons. Her concern is that if they do not opt out today, they lose the ability to impose any reasonable and defendable restrictions. The right to farm law has not been challenged on this issue, and the majority of rural residents did not support Measure 91. It was passed primarily by city residents. In any case, she has not heard anyone say they voted `yes' on Measure 91 to include large grow operations in rural areas. IF they do not opt out today and propose regulations, there will be a challenge to the right to farm part. The Oregon Farm Bureau is concerned about what other crops might then be restricted. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 9 of 17 With this wild card, there could be a challenge and if the County loses, there will be no ability to impose even reasonable regulations. She knows that those who want to grow want to have good neighborly interactions. But they also want to grow their businesses. If the County opts out today, they have an opportunity to have challenges occur and can always take up this issue at that time. It buys some time to make long- term decisions without being pressured by a short-term deadline. Chair DeBone stated that there has been a great deal of thought about the best starting spot. When it comes down to it, he voted no on Measure 91. In the big picture of medical grows, a lot of activity is happening without enough scrutiny. This has been held back by the Oregon Health Authority from everyone but the Sheriff. Therefore, the County can't regulate this aspect much. Opt out sets up time for a strong discussion and possibly a vote of the people. It is very awkward and divisive, he can see opting out and then revoking the opt out if they feel it is time to move forward. Commissioner Unger said that marijuana is here, but the Oregon Health Authority has not done good oversight and went forward without consideration of land uses and the needs of the County. Most of the current issues are because of those grows and there is conflict. He believes in personal property rights, but that should be within the law and not affect the neighbors. The impacts are important. They all need to agree on where to go, and if there is no local decision, the ability to be in front of this may be lost. He agrees with Tammy that LUBA has a big effect on decisions and any decision needs to be done right the first time. He wants to get it right. He does not feel they should not just throw it to the voters. He wants to work on time, place and manner to make it clear for the voters exactly what they are considering. Measure 91 seemed like the right thing to do at the time, but it left a lot unsaid and a lot for local governments to figure out. The OLCC is trying to deal with this as well. Commissioner Baney said that Clackamas County is trying to impose reasonable restrictions, and she'd like to see how they proceed. The Board could rescind the opt out sooner, before a vote, if there is clarity. Those who are in the business want reasonable guidelines, but there is no case law or reasonable information. The Board could consider answering the questions after watching another county go forward. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 10 of 17 A straight opt out does not make good sense long-term. There is a role for utilizing farmland in this. But rather than being the test pilot for what this looks like, she'd like to buy some time, learn from others and try to offer some long- term assurances. Chair DeBone said it has been difficult and interesting, and there has been a lot of public engagement. There are concerns about protecting children and. impacts on property. He wants to shed light on this and be able to track it better. This was not a starting point for him. He wants to know how this fits in with land use. Commissioner Unger feels there are some good staff suggestions before the Board at this time. They need to figure out how to address medical grows and have them go into compliance. He thinks what they have today can be refined and used. Commissioner Baney said that there seems to be agreement that a citizen committee would make good sense. She is proud of the community while she watched respectful dialogue, and knows citizens can provide guidance. All the Commissioners agreed with this. Chair DeBone stated that there needs to be people involved who will listen to others, and who want to come to a reasonable conclusion and work on their differences for the overall good. Commissioner Baney said that marijuana supporters feel this opens the door regarding the impacts on children. It may be a gateway drug for some. She has a teenager and of course is concerned about this as well. But she does not feel that today's discussion is a big part of this issue. They are living around many grows today that were already allowed. Mr. Martin noted there are over 1,700 grow sites on record. Commissioner Baney said she does not feel that this opens that door any wider, but they need to address quality of life and compatibility issues. Others care a lot about this. It is not a clear-cut, `you are good' and `you are bad' situation. Chair DeBone said that there are common issues to address beyond the hard line on either side. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 11 of 17 County Counsel David Doyle stated that Deschutes County was not a 55% or more `no' vote on Measure 91, so the opt out creates a moratorium for anyone from the OLCC to issue licenses until the opt out is either rescinded or voted on. Some counties initiated an opt out immediately, but there was less other support for Measure 91 in those areas and. HB 3400 allowed the counties to do this. The vote was too close for that to happen in this county. Commissioner Unger says it appears to him that the Board does not seem comfortable with moving forward with regulations at this point, and that they want further discussion, with the help of a citizen committee. There will be a path to follow in the future. He is not excited about a vote later because it continues to be such a divisive situation. Commissioner Baney feels that those who voted for Measure 91 did so to allow personal use, and no thought was given to the land use part by the voters or those who wrote Measure 91. A future vote would probably go too far in either direction for most people. It could open it up to very few restrictions, or restrict too much. There is a responsibility to guide this, but it is an issue where she does not want Deschutes County to be the test pilot. There is an opportunity to learn from another county. This might shed light on what might be truly defensible. The Commissioners would like to see a committee formed. Chair DeBone said he was prepared to deal with some of the bigger issues: light, odor, sound, etc. today. However, it was contentious at the Planning Commission and it is hard to know what is reasonable and defendable. What is reasonable to one person is not for another. If there is a committee formed, he wants to know what that would look at, and when the Board deliberate again. Commissioner Baney is not sure what Clackamas County is doing, and the right to farm law is the big wild card. This trumps all, and makes Oregon much different from Colorado or Washington. it could leave the area in an uncertain situation for a long time. They might wait to establish a committee until they can see what is happening with other counties that are moving forward. She does not want to wait until November and have it go to the people, but if any restrictions are put in place today and they are reversed, that could create even bigger problems. Minutes of Board of Commissioners' Business Meeting Monday, December 21,2015 Page 12 of 17 Chair DeBone said in his view, this has to do mainly with uses on EFU land. Setting a minimum lot size for EFU may not be reasonable. Odor control for farming may not be reasonable since there are a lot of farm uses that can cause this concern. Regardless, many feel that these issues need controls. However, some of it could result in uncertainties and legal battles that no one wants. Chair DeBone asked how a committee might look. Mr. Lelack said that Clackamas adopted some rules on December 17, but there is an appeal period. Jackson County is following suit. There are multiple ordinances going forward regarding right to farm laws in various zones. He expects some will be challenged. Clackamas started a committee in Mach or April 2015, comprised of well-informed people. Perhaps if the path forward is to do this, the Board can decide about the application process, the intended outcome and when this should be reached. Early legal decisions might be rendered on others entities by February or March. Deschutes County staff can work with the staff of other counties to keep informed on this. Chair DeBone said this process could then end up taking six months. His assumption is whether to opt out will be decided today. Commissioner Unger feels they could opt out and work on refining this further, watch what others are doing, and find common ground. Commissioner Baney said that they will know soon if the other counties are challenged and on what basis, and this can help Deschutes County work towards what is reasonable. There is a good framework to start. She does not want to usurp the authority of the Board, but feels there can be refinements. Commissioner Unger is not excited about cooperatives with a big impact in one part of the county. Those are a few of the things he does not quite understand. Chair DeBone said that it is disconcerting if a decision were to be thrown out and leaves them no recourse. Getting good information is what they all need. He is worried about the timing, though. There needs to be a date set if they plan to rescind the opt out at some point. Mr. Doyle said they can rescind an ordinance at any time if they reach a point where they have clarity. However, most legal challenges won't be decided before November 2016. If the Clackamas ordinances are challenged, it will take LUBA several months to review them, and then it could go to the Court of Appeals. If the rules are not challenged now but end up being appealed through code enforcement, and the right to farm law is brought up, that will take time as well. OLCC is looking at 60 to 90 days to process licensing. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 13 of 17 Commissioner Unger stated that this has been a frustrating issue, with the legislature giving little direction, and OLCC is not really ready either. It is difficult to create any certainty. Commissioner Baney feels that if there are no challenges to what Clackamas or Jackson counties do, that is a strong indicator for Deschutes County on what might work best. Commissioner Unger said that the right to farm law might be adjusted at some point, since this crop is not traditional and may be more impactful that the typical farm use. Chair DeBone feels that marijuana use is here and has been around for a long time. He is not that supportive of opting out. However, a decision has to be unanimous before the deadline. If there is a vote, they would lose some effectiveness. Commissioner Unger said there has not been enough time to develop certainties. Chair DeBone does not want to opt out. Commissioner Unger wants to move forward with something, but this is a moving target and more time could be prudent. There needs to be a decision of some kind. Chair DeBone referred to Exhibit B of the Code, which references rules and regulations. He noted that there are lots of loose ends on this issue. Commissioner Baney asked if he is ready to make a recommendation as to how someone can apply. Chair DeBone said might be able to do so on a limited basis. Commissioner Baney asked where he would put limits. Chair DeBone supports a committee being formed, but wants a very strict timeframe so they do not leave people hanging. Commissioner Baney feels sixty days would be sufficient. Commissioner Unger said the legislature will be meeting in short session, and thinks the Board should opt out until May to see if there are legislative changes. Commissioner Baney does not want to say no to it all, but wants better way to make a decision without creating even more conflict and uncertainty. Commissioner Unger is comfortable with 90 days for further review. Commissioner Baney would like to be able to add clarity and not make a mistake now that causes even more complications later. Commissioner Unger said they had talked about being more conservative to start, when establishing guidelines and rules, which staff has developed and is presenting today. Chair DeBone wants to get to get to a conclusion and not wait for a vote of the people, which might result in even less local control of the issues. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 14of17 Mr. Doyle asked if this would be an automatic 90-day rescission. Chair DeBone asked if they need a date for this. Mr. Doyle said it should be written one way or another. Commissioner Baney wants to revisit it in 90 days once other counties have dealt with some of it, and to give a chance for a committee to come up with suggestions, but not write the 90 days into it. Commissioner Unger agreed that putting themselves at a set date does not allow flexibility. That is the problem they have now, that is forcing them into a corner. BANEY: Move first and second readings of Ordinance No. 2015-009 by title only, opting out. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes Y es. Chair DeBone conducted the first and second readings by title only, of an Ordinance prohibiting the establishment of marijuana businesses within unincorporated Deschutes County, and referral to the electors, declaring an emergency. BANEY: Move adoption of Ordinance No. 2015-009, by emergency. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. The Ordinance becomes final at the time it is signed by the Commissioners. Commissioner Baney stated that she appreciates the patience of everyone involved. This is a serious decision with long-term ramifications, and they really need the additional time to properly address it. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 15 of 17 CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 28. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District in the Amount of $41,255.90. UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 29. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District. There were no expenses for this District. RECONVENED AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 30. Before the Board was Consideration of Approval of Weekly Accounts Payable Vouchers for Deschutes County in the Amount of$1,662,159.47. Mr. Anderson said there was a payment to COCC, for training employees. UNGER: Move approval, subject to review. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. 31. OTHER ITEMS None were offered. Minutes of Board of Commissioners' Business Meeting Monday, December 21, 2015 Page 16 of 17 32. ADJOURN Being no further discussion, the meeting was adjourned at 11:30 a.m. DATED this / 5-‘16 Day of 4/'/ / 2016 for the Deschutes County Board of Commission?s. Cd-Z&vtr Alan Unger, Chair \((171-L11 T ammm y Vi Chair ey, ha it ATTEST: ' � Anthony DeBone, Commissioner Recording Secretary r Minutes of Board of Commissioners' Business Meeting, Monday, December 21, 2015 Page 17 of 17 JT`ES Gad D/ Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 RIO (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, DECEMBER 21, 2015 Commissioners'Hearing Room-Administration Building- 1300 NW Wall St.,Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. 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 Chair calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. 1f you offer or display to the Board any written documents,photographs or other printed matter as part of your testimony during a public hearing,please be advised that staff is required to retain those documents as part of the permanent record of that hearing. Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 1 of 10 CONSENT AGENDA Information on items listed on the Consent Agenda has been made available in advance to the Commissioners and the public,for review. These items are considered to be routine, and can be approved by one motion of the Board. If separate discussion is desired on a particular item, that item may be removed from the Consent Agenda by any Commissioner, and addressed as a regular agenda item. 4. Board Signature of Document No. 2015-724, a Special Transportation Fund Grant Agreement with Central Oregon Intergovernmental Council 5. Board Signature of Document No. 2015-721, an Intergovernmental Agreement/Grant between High Desert Education Service District and County Health Services 6. Chair Signature of Document No. 2015-735, an Intergovernmental Agreement between Oregon Criminal Justice Commission and County Community Justice to Fund Victims' Services Agencies 7. Board Signature of Document No. 2015-759, an Application to Apply for a Grant from the U.S. Department of Justice, Office on Violence Against Women, Justice for Families Program 8. Board Signature of Document No. 2015-743, an Infrastructure Improvement Agreement with Tetherow Resort (Cascade Vista) 9. Board Signature of the Acquisition of a Clear Vision Easement and. Acceptance of a Public Right-of-Way, Fryrear Road at Cascade Estates Drive 10. Board Signature of Document No. 2015-717, Extending an Agreement with Telmate regarding Inmate Phone Services 11. Board Signature of Document No. 2015-757, a Deed Accepting an Easement and Public Right-of-Way at Fryrear Road and Cascade Estates Drive 12. Board Signature of Resolution No. 2015-112, Declaring Certain Personal Property Surplus and Directing Disposal (Information Technology) 13. Board Signature of Document No. 2015-758, a License to Use a Right-of- Way on First Street in La Pine for the La Pine Park & Recreation District 14. Board Signature of Resolution No. 2015-113, a Budget Adjustment Appropriating the Proceeds of Full Faith & Credit Refunding 15. Board Signature of Resolution No. 2015-114, Rescinding the Authorizat6ion of a Change Fund and Petty Cash Fund for the Victims' Assistance Fund Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 2 of 10 16. Board Signature of Resolution No. 2015-115, Appropriating New Grants in the Adult Parole & Probation Fund. 17. Board Signature of Letters Appointing Individuals to the Board of Deschutes River Recreation Homesites Special Road District Unit 8, Part 3: • Shawn McDaniel, through December 31, 2018 • Josh Hanson, through December 31, 2016 • Nicole Precone, through December 31, 2017 18. Board Signature of a Letter Accepting the Resignation of Clyde "Bud" Preston from the Forest View Special Road District, and Thanking him for his Service 19. Board Signature of Letters regarding Central Oregon Intergovernmental Council Appointments: • Accepting the Resignation of Tim Casey, and. Thanking him for his Service • Reappointing David Dona of COCC; Chris Bellusci of Geo-Engineers; Jim Kirkbridge of St. Charles Health System; and John McLeod of Mt. Bachelor, Inc., through December 31, 2017 20. Board Signature of Minutes: • Work Sessions of December 7 and 9, 2015 • Business Meetings of December 7 and 9, 2015 • Public Hearing on Goal 11 Exception Process, October 28, 2015 • Public Hearing on Marijuana Businesses, December 2, 2015 • Budget Committee Meeting of December 15, 2015 ACTION ITEMS 21. CONSIDERATION of Board Signature of Document No. 2015-747, a Notice of Intent to Award Contract Letter for the Provision of an On-Site Pharmacy within the Deschutes County Downtown Clinic — Nancy Mooney, Health Services Suggested Action: Move signature of Document No. 2015-747. 22. CONSIDERATION of Second Reading by Title Only, and Adoption of Ordinance No. 2015-020, Amending Code to Enable the County to Not Process Land Use Applications for Properties with Existing Code Violations —Peter Russell, Community Development Suggested Actions: Conduct second reading by title only; move adoption. Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 3 of 10 23. DELIBERATIONS and Consideration of First Reading, by Title Only, of Ordinance No. 2016-001, a Plan Amendment from Exclusive Farm Use to Rural Industrial Exception Area (Deschutes Junction - Aceti) --Peter Gutowsky, Community Development Suggested Actions: Deliberate; conduct first reading by title only. (Second reading would occur no sooner than in two weeks.) 24. DELIBERATIONS and Consideration of First Reading, by Title Only, of Ordinance No. 2016-002, a Zone Change from Exclusive Farm Use to Rural Industrial Exception Area (Deschutes Junction - Aceti) —Peter Gutowsky, Community Development Suggested Actions: Deliberate; conduct first reading by title only. (Second reading would occur no sooner than in two weeks.) 25. A PUBLIC HEARING (continued from December 2), and Consideration of First and Second Readings by Title Only, and Adoption by Emergency of Ordinance No. 2015-010, Amending Code Title 23 to Adopt Sage Grouse Inventories and Regulations —Peter Gutowsky, Community Development Suggested Actions: Open hearing; take testimony; conduct first and second readings by title only; adopt by emergency. 26. A PUBLIC HEARING (continued from December 2), and Consideration of First and Second Readings by Title Only, and Adoption by Emergency of Ordinance No. 2015-011, Amending Code Title 18 to Adopt Sage Grouse Inventories and Regulations —Peter Gutowsky, Community Development Suggested Actions: Open hearing; take testimony; conduct first and second readings by title only; adopt by emergency. 27. DELIBERATONS and Consideration of First Reading by Title Only of Ordinance No. 2016-003, a Text Amendment regarding Deschutes County Code Title 18 to Modify DCC 18.113.060, Standards for Destination Resorts (Eagle Crest) —Peter Gutowsky, Community Development Suggested Actions: Deliberate; consider conducting first reading by title only. (Second reading would occur no sooner than in two weeks.) Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 4 of 10 28. DELIBERATIONS and Consideration of Ordinances regarding Marijuana- related Businesses --Matt Martin, Community Development Exhibit A: Planning Commission Deliberation Worksheet: Proposed. Marijuana Related Businesses — Permitted Exhibit B: Ordinance Language Exhibit C: Planning Commission Recommendations: Summary of Zones Permitting Marijuana Related Businesses Exhibit D: Definitions pertaining to Marijuana Related Businesses Exhibit E: Proposed Opt Out Ordinances: • Prohibiting the Establishment of Marijuana Businesses within Unincorporated. Deschutes County and Referral to the Electors — Total Opt Out • Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors —Medical Marijuana Processing • Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors —Medical Marijuana Dispensaries • Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors --- Operation of Marijuana Producers • Prohibiting the Establishment of Identified. Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors — Operation of Marijuana Processors • Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors — Operation of Marijuana Retailers • Prohibiting the Establishment of Identified Marijuana Businesses within Unincorporated Deschutes County and Referral to the Electors — Operation of Marijuana Wholesalers CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY SERVICE DISTRICT 29. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the 9-1-1 County Service District Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 5 of 10 CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-H COUNTY SERVICE DISTRICT 30. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the Extension/4-H County Service District RECONVENE AS THE DESCHUTES COUNTY BOARD OF COMMISSIONERS 31. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for Deschutes County 32. OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting,pursuant to ORS 192.640. At any time during the 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 categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. 33. ADJOURN 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. Deschutes County encourages persons with disabilities to participate in all programs and 411 activities. To request this information in an alternate format please call (541)617-4747, or email ken.harms @deschutes.org. Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 6 of 10 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, December 21 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Friday, December 25 Most County offices will he closed to observe Christmas Day. Monday, December 28 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, December 30 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session---could include executive session(s) Friday, January 1 Most County offices will be closed to observe New Years'Day. Monday, January 4 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, January 5 3:30 p.m. Regular Meeting of Public Safety Coordinating Council Wednesday, January 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) 6:00 p.m. Continued Public Hearing on Goal 11 Options— La Pine High School Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 7 of 10 Thursday, January 7 8:00 a.m. Regular Joint Meeting with the Sisters City Council, Sisters City Hall Wednesday, January 13 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Friday, January 15 7:30 a.m. Joint Meeting with La Pine and Sunriver Chambers of Commerce, at 1,000 Trails Monday, January 18 Most County offices will be closed to observe Martin Luther King, Jr. Day. Tuesday, January 19 10:00 a.m. 911 User Board Meeting, at 911 Wednesday, January 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, January 25 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, January 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, February 1 10:00 a.rn. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 8 of 10 Tuesday, February 2 3:30 p.m. Regular Meeting of Public Safety Coordinating Council Wednesday, February 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, February 10 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, February 15 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, January 16 10:00 a.m. 911 User Board Meeting, at 911 Monday, February 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, February 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session--could include executive session(s) Monday, February 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 9 of 10 Tuesday, March 1 3:30 p.m. Regular Meeting of Public Safety Coordinating Council Wednesday, March 2 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, March 7 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) ® �r 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.harmsa,deschutes.org. Board of Commissioners' Business Meeting Agenda Monday, December 21, 2015 Page 10 of 10 te Department of Land Conservation and .Development 635 Capitol Street NE Suite 150 Kate Brown,C3ctvenwz Salem,Oregon 97301-2540 5• / Phone: (503) 373-0050 .- Fax:(503)378-55,18 www.oregon.gov/LCD December 16,2015. w bootoommil Honorable Steve Grasty,Judge Harney County Court 450 N.Buena Vista Burns,Oregon 97720 Dear Judge Grasty: Thank you again for your hard work and dedication helping Oregon and the ten other western states to. avoid a federal listing of the Greater Sage-Grouse.We particularly appreciate your assistance framing the "Sage-Grouse"rule adopted by the Land Conservation&Development Commission(commission)in Bums, Oregon last July. I deeply value our good relationships with local government partners and we look forward to maintaining these relationships far into the future. Most recently Oregon's seven effected counties participated in a rule revision establishing the. "disturbance baseline."The rule revision was adopted by the commission on December 3,2015.This work is a critical part of Oregon's efforts to ensure that adequate protection is furnished for the species while continuing to preserve important economic development opportunities.The commission's adoption settles this issue.Oregon's sage-grouse counties now have a starting point to begin considering development proposals and are free to use this information without fear of legal challenge.The baseline calculations have benefitted from local input and we appreciate how sensitive this subject matter is. Shortly after the commission hearing you expressed questions regarding the additions to OAR 660-023- 011.5(15).The language included in the November 20,2015 staff report is provided below.The language in bold was originally proposed by staff. The language in red and strike out represent the amendment proposed by legal counsel and accepted by the commission. (15)Central Registry.The department will work with the counties identified in section (5),Oregon Department of Fish and Wildlife,the Bureau of.Land Management(BLM), and US Fish and Wildlife Service to maintain a central registry,tracking human disturbance from existing(baseline)and all new development affecting core areas.In addition to serving as partners in maintaining the central registry,counties must report all development land use permits for all uses within a core area to the department.The registry will include baseline calculations of direct impact levels consistent with the approach identified by the BLM.The percentage figures included in Exhibit D establish the baseline for human disturbance existina on the effective date of this rule.If better information becomes available,the commission may tbe-haseuneillav be revised the baseline subject to a rule amendment that is coordinated with all affected the counties identified in section (S)' and other interested parties.Counties may establish more refined,project specific data to replace the baseline figures so long as all counties utilize a common methodology.Each year the department shall report to the. 1 The counties identified in subsection(5)are:Baker,Crook,Deschutes,Harney,Lake,Malheur and Union. Honorable Judge Grasty Sage Grouse Page 2 of 2 commission the amount of new direct impacts in each PAC.The report shall be coordinated with and made available to all affected counties." As you well know, all laws can be changed by the appropriate decision makers during an open,public process.The purpose of the second sentence added to OAR 660-023-0115(15)is to clearly identify that the baseline would not,and could not,be changed by any level of agency staff.This does not create any special authority for the commission.Instead,it simply reiterates what the existing process is so that there can be no misunderstanding.Furthermore,the language clarifies that a commission rule revision would never be undertaken without the direct involvement of the effected counties.This provision is a clear expression of commission intent and commits the department to involve our local partners in a meaningful way that may not be otherwise required by the ordinary rulemaking process.The amendment to this language adopted by LCDC improves upon the both of these requirements. Most specifically,you have asked about the meaning of the term"coordinated."The department draws guidance for understanding this term from multiple locations.ORS 197.015(5)provides this definition of coordinated: "A plan is `coordinated'when the needs of all levels of governments,semipublic and private. agencies and the citizens of Oregon have been considered and accommodated as much as possible." Goal 2 also specifically refers to that definition of"coordinated"in ORS 197.015(5).Additionally,the commission has previously stated the coordination requirement as follows; "the coordination requirement is satisfied where Metro has engaged in an exchange of information regarding an affected governmental unit's concerns,put forth a reasonable effort to accommodate those concerns and legitimate interests as much as possible,and made findings responding to legitimate concerns."LCDC Order 05-WKTASK-001673,at 10. Therefore,with regard to the revising the baseline in the Central Registry based on better information, "coordinated"means the commission will engage in an exchange of information with the counties. identified in section(5)regarding their concerns,put forth a reasonable effort to accommodate those concerns and legitimate interests as much as possible,and include findings in the staff report responding to legitimate concerns.This is a legalistic way of saying that in the unexpected instance that the baseline is proposed to be revised either up or down,the commission will work with the counties to facilitate the best possible outcome. on has been:hel helpful.Please do not hesitate to contact me or Jon if you have additional I trust this in£ormatio s p y questions or thoughts to discuss. Si: , :,e /.. or iq0' . . Tony Aceti 21235 Tumalo Place Bend, OR 97701 ' !IN 3 0 2015 Deschutes County Board of Commissioners 1 1300 Wall Street Bend, OR. 97701 Re: Aceti 247-14-000456-ZC, 247-14-000457-PA; for the Record. Nov. 29th, 2015. Dear Deschutes County Board of Commissioners, In addition to a formal rebuttal from my consultants and because I was personally attacked by Central Oregon Land Watch last week, I am providing information, letters, my notes from the last week's Hearing and a complete Bend Bulletin article dated 7-20-1998 for your consideration.. First; I chose an outstanding team of well-known and highly qualified professionals to prepare the application, burden of proof, soils report, and traffic study. Pat Kliewer, Roger Borine and Gary Judd are incredibly thorough, factual and detailed. None are at the beginning of their careers, in contrast to COLW's attorney who recently graduated and has not yet passed the bar. Other people who provided oral and written testimony before the hearings officer in support of the application have the utmost ethical standards. They have previously owned my parcels or have decades of practical experience farming here and knowledge of my property and properties in the vicinity. Their words mean something. I too, conduct my life to reflect these values. I expect others in this land use arena, to conduct themselves in the same honest, professional manner as my team does. Most of the time, personal attacks are not allowed in testimony. I was shocked to be attacked. Central Oregon Land Watch (COLW) opposes my Application with misinformation and unearned arrogance. Roger Borine is an expert soil scientist and COLW needs to be educated. My property has a long list of major events that have happened to it in the twenty years since I bought it in 1995 for a regional hay distribution business. All of the deeds and easements filed with the county clerk since 1997 are included in the Application in the Change of Circumstances and Exhibits sections. The resulting significant changes to irrigation that resulted in my giving up some of the water rights, having no easement to deliver water to the land, and the other difficulties in irrigating the oddly shaped small portions of land around the overpass were also provided to the hearings officer. For COLW to firmly state that nothing has changed since 1995 is fantasy. The Application includes at least 50 changes. COLW knows nearly nothing about my property, the area, Goal 14, Goal 3, farming or about soils, other than its zoning and location, yet it portrays itself to be an expert in all of those things. But, to personally demoralize me and to present misinformation as facts and to cherry pick words, statements and articles and pose them to the Deschutes County Commissioners as whole truths is not acceptable to me or the public. I hope it is not acceptable to you, either. COLW did submit a similar packet of information prior to the public hearing last summer, but did not attend the hearing. The Hearings Officer found that the submittals were not in keeping with the facts presented by the Applicant, experts and others, were not accurate and were not convincing. Secondly; My life work has been around hay and cattle. I do custom hay production for others, and buy and sell hay, including weed free hay that meets the exacting standards of the Asian market. I am considered an expert and intimately understand the entire process of land preparation, harvesting, raising, and sales of this agribusiness, more than an attorney from COLW ever will. I attempted to raise hay the first year of my ownership on this parcel to comply with the requirement to grow some hay on site along with hay that I and others grow on other parcels in the tri-county region to meet the requirements of a C.U.P. to distribute hay. I found that this property was not viable farm land and I expended more money and resources than the crop was worth. In the second year of ownership, I had to get legal help to understanding the process and protecting my rights as ODOT and the County acquired over two and a half acres of my land for realigning roads and building an overpass across it. I had just gotten a permit to build a second barn, and it was in the same location as the proposed overpass. To say that I was overwhelmed at the time is an understatement. The next year the overpass project commenced and my land was changed forever. I began attending planning division open houses, planning commission and BOCC meetings to learn about what was happening. After 18 years of trying to figure out what I could do with my radically changed parcel, dealing with zoning, regional planning, transportation plans, land use, I attended, participated in, testified and studied state and county land use requirements on this topic. I realized that this land should not be zoned EFU and it was best to rezone my property. I was confident that the land and location met all of the criteria. My efforts helped to acknowledge the need to establish Polices for Deschutes Junction and shed light on Master Planning. The Hearings Officer decided that my application meets the criteria for a Zone Change and Plan Amendment to the County's Comprehensive Plan. If I were a County Commissioner, the only questions would be, "Do I agree with the Hearings Officer's detailed findings? Did she do a good job? Has the criteria been met? Will replacing the EFU zone have significant adverse effects on sparse, small farms that are over a half mile away? Will the new RI zone be compatible with surrounding RI, MUA-10 and RC uses?" As Jack Holt pointed out, COLW is so presumptuous that it is beyond belief that they think that they know more than Roger Borine or I do about soils and farming, that they assume I grew all the hay in custom hay farmer and a hay broker, or that the my 23,000 square foot barn on site when I am a Y Y Barrett's irrigation pipes are mine, when they are not. The fact that irrigation easements do not exist. All of us involved in my case are shocked by COLW's behavior and I hope you will let them know the county has higher standards than personal attacks and arrogant assumptions by ignoring their irrelevant and ridiculous testimony. Thank you for your service, Tony Aceti Please find the attached materials: (1) Memorandum of Meeting, 1996. (2) Letter to BOCC, 1997. (3) Bend Bulletin article, 1998. (4) Tony's Hearing Notes,11-23-15. (5) Google Earth map with irrigation information with pins. _/1,:( --'11-.3-96 03 : 20P .• _ -- -- _ _ - - - ------- -- -. .. _ MEMORANDUM OF MEETING PROJECT: Deschutes Market Road interchange.. DATE: May 29, 1996 NOTES BY: Sharon R. Smith PRESENT: (Deschutes County Dept Of Public Works) Larry Rice Dick Johnson (Cascade Pumice, Inc.) Richard Pearsall, President (Bryant Loviien & Jarvis, P.C.) Sharon R- Smith Dale Van Vaikenburg The above Parties met to discuss the potential conflict of interest if the Law Firm of Bryant Loviien& Jarvis represents the Public Works Department in its Land Use Application for the siting of the Deschutes Market Road Interchange. The Parties acknowledge that the Firm of Bryant Loviien & Jarvis has represented the Public Works Department on land use matters and has also represented Cascade Pumice with respect to land use matters and specifically, land use matters involved in the Deschutes Market Road Interchange. The Parties met to discuss potential conflicts of interest to see whether both Parties-would consent to the Firm's representation of Public Works in that Land Use Application. The Parties outlined the potential conflicts of interest and concluded that no actual conflict exists because there is agreement on the following points: 1. The Public Works Department will be proposing a two-phase construction of the Interchange- Phase 1 includes the Land Use Approval for the entire Interchange, the acquisition of Right-of-Way for the first phase and construction of the first phase. The second phase will be the construction of the second phase of the Interchange, which includes a Railroad overcrossing and the acquisition of the Right-of-Way for that crossing. Both Phases of the interchange will cross properties owned by Cascade Pumice. Cascade Pumice and the Public Works Department prefer the overcrossing of the Railroad option. -1- MEMORANDUM OF MINUTES 03: 2OP . .,.. .,......,4• .v ❑mac,-p"i-96 111-••1•-•114/11.•••• .. VI.•-. Vi. 3V 1,vTl u<'VV A 11 v 2. Due to the location of the second phase of the Interchange, the office and scales of Cascade Pumice will be impacted. Cascade Pumice shall negotiate with the State of Oregon over the amounts of such impact. In addition, benefits for relocation will be determined. 3. Cascade Pumice requires access on to the southern part of its property off of the frontage road, adjacent to the canal_ The road shall to an extension of the-r intersection. The Parties realize that this will be above grade. Public Works shall proposed that the access road be constructed at the time of the Phase 1 construction_ efil\ �4. Public Works shall propose that Cascade Pumice shall have access to the East and West off the canal frontage road in a location to be determined by Public Works. This shall be included in Phase 1 IV ��, construction_ 'h' the Land Use Application that when ` Works shall propose in t . 5. Public Wo p Phase 2 is constructed, a tunnel shall be provided underneath the overpass, on Cascade Pumice property 30 feet wide.and 15 feet tall. 6_ Public Works agrees to support Cascade Pumice's future application ication for a rezone of the EFU portion of its property. Public support the application based on Cascade Pumice's support In this interchange Project, the fact that the Project took a substantial amount of Cascade Pumice's Rural Industrial land, and that the transportation system is adequate to support the rezone. 7_ Public Works shall propose and support a security fence, to their design specification, be constructed at the edge of the Right-of-Way along the section of roads constructed on current Cascade Pumice properties. e. Public Works shall propose utility conduits under the various sections of the Overpasses in locations needed to serve Cascade Pumice's properties_ The conduit shall be suitable for water, power, electrical, and phone lines. 9. Cascade Pumice has an Access Easement onto Highway 97. Public Works shall seek approval of construction of that access way as part of the Phase 1 construction. 10. if the Right-of-Way for the second phase of construction is acquired prior to the actual construction, Cascade Pumice shall request In the acquisition the right to utilize the property without compensation until such time as the construction occurs. Public Works shall support that request because the use of that property is not necessary until the '-' construction of Phase 2_ -2- MEMORANDUM OF MINUTES P .04 -96 03: 2 7 P 111.., HZ;•JUVL. 1 V IA VY1 VY LOW Because the Parties are in agreeme re •- t to all of the items listed above, the Parties believer nd consent to Bryant Lovlien & Jarvis representing the Public Works Department in the Land Use Application for the approval of the Deschutes Market Interchange. Bryant Lovlien & Jarvis will continue to represent Cascade Pumice with respect to other matters, including land use matters and the Right-of-Way acquisition for the Interchange to be conducted by the State of Oregon Department of Transportation. THE FIRM RECOMMENDS THAT YOU SEEK INDEPENDENT LEGAL, ADVICE TO DETERMINE IF YOU SHOULD SIGN THIS AGREEMENT AND THEREBY GIVE YOUR CONSENT TO THE FIRM'S REPRESENTATION OF THE PARTIES. BRYANT LOVLIEN & JARVIS, P.C. L Date: By: ARON R. SMITH DESCHUTES COUNTY PUBLIC WORKS DEPARTMENT f Date: By: LAR ICE, Director CASCADE PUMICE, IN Date: � By: RICHARD PEARSALL, President -3- MEMORANDUM OF MINUTES ( ) April 30, 1997 NANCY SCHLANGEN ROBERT NIPPER LINDA SWE ARINGEN Deschutes County Commissioners: I am a farmer. I make my living growing and selling hay. You understand it is my duty to protect my property rights. Finally, important issues were addressed at the press conference. I have no desire to hold up a project that is important to all the people who must use the intersection at Highway 97 and Deschutes Junction. I am, therefore, willing to sign the agreement you have prepared- It is signed and is enclosed. I have negotiated a settlement with you which I believe is fair. Unfortunately, what you have agreed to, ODOT wants to take away. I intend to defend what has f5irly and in good faith been negotiated. I trust you will sign the agreement so that the people can have their intersection in a timely manner. It is for them. It is for their safety. If you do not intend to sign your agreement, I must know immediately. Thank you. _ Sincerely, TONY I cell phone: 419-0858 ( 3 ) . . Aceti land-use dispute. settled AAgreement reached Aceti, who signed the settlement Even before the final details gpapers this week. were hammered out, Aceti took on farmland taken Aceti accepted a payment from down several large signs he had ODOT of$5$,000, along with the tacked to hay bales atop trucks, •for road interchange. lane onsthe addition and bisecting his prop-- v te property rights. protect pri By Barney Lerten erty. The dispute focused on 21 of The Bulletin That will improve access to land the 23 acres Aceti bought for A strong push by a Deschutes Aceti said remains unfarmable. $186,000 near the dangerous inter- County commissioner and media- - ODOT also agreed to shorten its section, where the state is con- tion with a retired judge have re- fencing onto Aceti's property and structing a $2.7 million overpass, solved a condemnation dispute be- , that gates may be moved closer to due for completion by late fall. tween the Oregon Department of the road. The county, meanwhile, The state filed a condemnation Transportation and Deschutes agreed to provide 1.3 acres on the lawsuit for the land last fall after Junction hay grower Tony Aceti. western edge of Aceti's property, at Aceti refused an ODOT offer of "I'm calling it a victory,in that I the new intersection with Tumalo $30,000 for the 21/2 acres. stood up for what was right," said Road. See DISPUTE,Page A2 • Settlement� d�s ute. avoids court Continued from Page Al before the project began," ever Swearin- ing filed,and only 1 percent go Aceti said he had an appraisal gen said. to trial. showing the land was worth more She said the land the county "It's not a victory,it's not a loss," than three times.the amount.== gave to Aceti originally was bought he said. "There-were various ap- With a trial date pushed back by ODOT and would have been .praisals (of Aceti's land) that were until fall,the parties sat down with available to the adjoining property way apart." retired Judge John Copenhaver to owner anyway, since it is so small Earlier this year, Swearingen try to resolve the matter. But Aceti as to be unbuildable. - helped fashion an agreement that credited county.comm iis5AQ,ng t Iginzz. The turn lane will cost $15,000 resolved another long-standing da Swearingen with quaking the to $23,000, but Aceti won't own it land use dispute with Blue Spruce settlenienl:happen. — and Swearingen noted that Motel owner Frank'Franklin. She "I would have gone to trial, if it Aceti provided property to the hopes some other pending cases weren't for Linda Swearingen," north for the new Tumalo Road can be resolved as well. said Aceti, who called the media- alignment. "What frustrates me about Lion session"a big waste of time." c Swearingen also got much of these cases is, the only person who "If there had been more comulu- the credit from Al Depenbrock, an has ever won is the attorneys — nication-from the-very beginning, assistant attorney general who not the public and not the private this thing would have been settled helped craft the agreement.- property owner,..she said. a long time ago; and at a lot less "Linda was the one who had the I hope every elected and ap- cost to the taxpayer,,Aceti said, credibility with Mr. Aceti to put it pointed official would treat people Swearingen agreed: "There are together,"he said. how you would like to be treated," things we all could have done dif- "She saw advantages to get it Swearingen said."Trio often;_we get ferentl_y." resolved and really held people at so;caught up'in"the'siision'and.the "What got us into trouble was, the table." mission that we forget. It might _ public safety was our No 1 con- Depenbrock noted that 92 per- 'hurt to hear it, but now and then, cern, so we didn't have the time to cent of all right-of-way claims are We need the Tony Acetis to keep us work out the details with Mr. Aceti settled without any court case be- honest.' .- . Bend-area paving this week Week of July 20 through 24 • 7P 1-11//(1 qg Tony' s 11-23- 15 . Total RI Zoned Land in Deschutes County = 121.9 Acres . Less City of LaPine & U.S. Military RI Land - 48.1 Acres . Privet ownership RI Zoned Land in the County = 73.8 Acres • Deschutes Junction Holds 81.84% of all of the County's RI zoning . All Privately owned RI Land is Occupied as of November 1st, 2015 1. Owned for 20 years... Over pass constructed 18 years ago 2. SOILS MAP... from Section 14 3. 1 know the land well.. Poor, shallow and ROCKY... Unfit for livestock. 4. Irrigation System/Pond, Devastated by Hwy. Improvements Leaving inefficient/difficult for irrigation and odd shaped land for cultivating. 5. Also Constrained by the Transportation System, Because of increased Traffic... Fence Damage... NOISE and Vandalism ! 6. SUROUNDED by non-Farm uses... 7. FIGURE 23... Email from Tim Burg Feb. 9th,2015 8. Tim Burg's Email... RI Lands... BEST Location for RI land... 82% RI @DJ... NONE Available... Would be a Benefit to the Community. 9. Letters in the Record... Carl Juhl story :) y 0)C64 fr 1 OP C Al . . --(-5-- e-;- C'i`k (.5/ „ Ks 0 /Jeri-651e 0 film,ft i,/"!,74- -5 f 61 /7 7 0 (42 t0 ! Ate-?ley A 7-14 At- / 0 e nn _r .74 , 741S Zia 'iZr --(1) A /I'/A t) - f ,- it led__„ii'5,5 0-1-, 1,2c-pi-- ,,d/// ci oeok, '/Z- r • lc e4 4 k RI 2 4.) 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"x] "�.y i-. 7 , liar Sage West, LLC Roger Borine,CPSS, CPSC,PWS Soils, Wetlands, Wildlife Habitat (541)610-2457 December 1, 2015 Deschutes County Commissioners 117 Lafayette Avenue Bend, OR 97701 Re: Aceti : 247-14-000456-ZC, 247-14-000457-PA This letter provides rebuttal to submittals, including written testimony from Central Oregon Land Watch (COLW), regarding the Aceti land use application. In particular,this letter addresses issues raised by COLW regarding the Agricultural Soil Capability Assessment(Soils Report)dated May 8, 2012 that I completed. I submit this letter on behalf of Tony Aceti; however,the conclusions in this letter represent my best professional judgment and scientific evaluation of the issues addressed. My education and experience that qualifies me to conduct this assessment and response follows: I. Background and Experience for Roger Borine • B.S.,Soil Science;Oregon State University, Corvallis,Oregon (1973) • Soil Science Institute; Iowa State University,Ames, Iowa (1984) • Certifications: Certified Professional Soil Classifier(#24918), Certified Professional Soil Scientist(#24918), Professional Wetland Scientist(#1707) USDA NRCS-Oregon (30 yrs): A Soil Scientist for 23 years followed by 7 years as the State Habitat Biologist. • Experience includes identification, inventory and mapping of soils throughout Oregon. was the primary author of Josephine,Jackson and Sherman County soil surveys. • Served on two working groups that developed the Arid West and Western Mountains, Valleys,and Coast regional supplements to the ACOE 1987 Wetlands Delineation Manual. • NRCS National Instructor for Remote Sensing-Aerial Photography. Sage West, LLC(2007-present): Natural resource consulting for soil survey,soil interpretations,wetlands,wildlife habitat and natural resource planning. • Personally completed over sixty on-site soil assessments and twenty wetland determinations throughout eastern Oregon. II. Agricultural Land The Agricultural Soil Capability Assessment(Soils Report)dated May 8,2012 is part of the record. It concludes: "The inventory and analysis of this parcel in T16S, R12E,Section 26 tax lot 201 and Section 27 tax lot 104 determined that approximately 80%(17.2 acres)is Land Capability Class 7 and 8 soils;and 20%(4.3 acres)is Land Capability Class 3-6 soils. The parcel as defined is not predominantly Agricultural Land. 64770 Melinda Court rborine cr bendbroadband.corn Bend, OR 97701 Sage West, LLC Roger Borine, CPSS, CPSC,PWS Soils, Wetlands, Wildlife Habitat (541)610-2457 Further, together with the LCC soil ratings as non-agricultural soils, the determination of suitability for farm use is "generally unsuitable"for the production of farm crops, livestock or merchantable tree species based upon low fertility, limited soil depth for cultivation and ability to store and hold water, lack of forage production for livestock grazing, limited length of growing season and high levels of energy input with limited outcome." This soils assessment was conducted using the USDA National Cooperative Soil Survey policies and procedures that include guidance from the National Soil Survey Handbook,Soil Survey Manual, Upper Deschutes River Area Soil Survey, and Web Soil Survey. The Soils Report provides and documents more detailed data on the extent of agricultural land as defined in Oregon Administrative Rules (OAR) 660-033 Agricultural Land for this parcel. This more intensive soil investigation and interpretation must stand on its own merit. DLCD's review deemed it complete and did not select it for further review or evaluation by a contracted Soils Professional based on the Departments criteria and past performance of Sage West, LLC. (OAR 660-033-0045(6)(a). COLW states that the Soils Report cannot challenge the NRCS soil capability classification on the property because the Soil Report did not establish that NRCS data for the site are inaccurate. Response: The following is from the Soils Report that states on page 3, paragraph 2 and justifies the reasoning for conducting an Order 1 soil survey to more accurately define soils on this parcel. "...The NRCS soil survey(Order 2 and 3)at the landscape level was reviewed and determined to be predominantly accurate. The soil/landscape relationships were accurate. Soil boundary placements were general. At this Order 2 and 3 level of mapping,miscellaneous land types were not mapped or identified as inclusions. In addition,original placement of soil boundary lines by field soil scientists on aerial photos are often modified and straightened during the map digitizing process. The three NRCS soil mapping units occurring in this study area were reviewed at the landscape level throughout their extent. All have contrasting inclusions listed in their map unit descriptions that may exceed the size of this study area. The initial on-site inventory showed a high percentage of contrasting shallow soils and miscellaneous areas in the 36A-Deskamp loamy sand,0-3%slopes map unit. This map unit is approximately 76%of the study area. If this area is predominately shallow and very shallow soils and miscellaneous areas the study area may be predominantly non-agricultural soils. Soil Surveys seldom contain detailed site specific information and are not designed to be used as primary regulatory tools in permitting or siting decisions,but may be used as reference sources. NRCS maps soils at the landscape level. Land use issues in Oregon are addressed by tax lots. Consequently,NRCS soil maps may be perfectly correct at the landscape level while a tax lot may be in part or entirely a contrasting inclusion." 64770 Melinda Court rborine(d benr)broadband.com Bend, OR 97701 Sage West, LLC Roger Borine, CPSS, CPSC,PWS Soils, Wetlands, Wildlife Habitat (541)610-2457 COLW states all soils on these parcels are agricultural lands and none are Land Capability Class(LCC) 7or8. Response: COLW references soils data that is outside DLCD stated policy(660-033-0030)that requires more detailed soils data be related to the NRCS land capability classification system and the more detailed soils information must be from the Web Soil Survey. COLW's Attachment 5 is the Upper Deschutes Hydrologic Unit Profile and states in its disclaimer: "All data is provided"as is." There are no warranties, express or implied, including the warranty of fitness for a particular purpose, accompanying this document. Use for general purposes only." Attachment 5 data was not derived from the Web Soil Survey nor intended for detailed land use planning purposes. COLW's Figures 8 and 9 from the Web Soil Survey shows "Warning: Soil Ratings may not be valid at this scale." Figures 8 and 9 are from the Web Soil Survey but scaled to a level that makes it less accurate than was intended at the scale of field mapping. COLW inaccurately interprets and portrays soils information in a manner that deems it questionable. This manipulation of soils information further validates the need for a sound and scientifically based soils assessment designed for regulatory purposes as is in the Aceti Soils Report. Ill. Suitability for Farm Use COLW argues soil fertility on pages 5-7 without addressing the topic of soil fertility as it relates to suitability. Response: The Soils Report addresses soil fertility on page 6 and states: "Two soil samples,from data plots#10 and#42, were collected and analyzed by Agri-Check, Inc. Organic matter for these sites is extremely low to non-measurable and clay content is less than five percent, resulting in a very low Cation Exchange Capacity(CEC);the higher the CEC the better. The CEC is important because it provides a reservoir of nutrients for plant uptake. Both sample sites have low levels of nitrogen,phosphorus,potassium,and sulfur. High levels of fertilization are required for a grass crop to be produced. Without an ability of the soil to attract and absorb nutrients(low CEC) they are readily leached out of the soil by irrigation and precipitation thus becoming unavailable for plant use and lost into the surface and ground water. Presently, the pH(acidity/basicity)of soils is adequate,but soils with a low CEC can quickly be reduced by additions of nitrogen and sulfur fertilizers,also making nutrients unavailable to plants. To maintain a minimum level of essential nutrients for proper crop growth continual applications of very high rates of fertilizer and soil amendments are required. Without these yearly inputs,soils are non-productive and infertile." 64770 Melinda Court rborinea,bendbroadband.corn Bend, OR 97701 Sage West,LLC Roger Borine, CPSS, CPSC,PWS Soils, Wetlands, Wildlife Habitat (541)610-2457 COLW argues Suitability for Grazing on page 7 without providing any evidence that there is grazing or the potential for grazing by livestock. Response: The Soils Report addresses suitability for grazing on page 6 and states: "Landscape and soil characteristics determine the suitability for grazing livestock. Limitations that are recognized on this site include the cold climate and soil temperatures that delay growth of forage and shorten the growing season;reestablishment of the native vegetation is likely impossible due to the pumice ash surface layer and past land alterations; restricted depth limits seeding only to drought tolerant species,and rock outcrop limits the areas suitable for grazing." COLW provides no argument on the Soils Report regarding Technological and Energy Inputs required and accepted farming practices and is provided to further support a determination of"unsuitability for farm use". "Accepted farming practices in central Oregon to raise forage crops generally require and include a relatively flat to gently sloping parcel that has a moderately deep soil with readily available irrigation water in adequate amounts. Irrigation begins in April and ends in October. The site will produce 2 to 3 cuttings of hay or continuous rotational grazing by livestock. Fertilization is required to sustain the plants and produce a high quality crop. This parcel requires technology and energy inputs over and above that considered acceptable farming practices in this region. Excessive fertilization and soil amendments;very frequent irrigation applications pumped from a pond with limited availability;and marginal climatic conditions restrict cropping alternatives." Please accept my responses to the COLW comments. As always, if there are any questions or clarifications needed I will gladly provide. Regards, Roger Borine cpss,CPSC,PWS 64770 Melinda Court rborinea(7.bendbroadband.corn Bend,OR 97701 Paul Blikstad From: Roger Borine <rborine @bendbroadband.com> Sent: Tuesday, December 01, 2015 8:23 AM To: Paul Blikstad; Peter Gutowsky Cc: Tony Aceti; Pat Kliewer Subject: Aceti-Rebuttal to COLW Comments Attachments: Aceti_Rebuttal Soils Report_Borine.pdf Paul and Peter, Please accept my rebuttal to the written comments from Central Oregon Land Watch, dated November 23, 2015 regarding the Aceti application 0.47-14-000456-2C and, 247-14-000457-PA. Thank you, Roger Borine Sage West, LLC 64770 Melinda Ct Bend, OR 97701 541.610.2457 1 28 November 2015 Deschutes County Board of Commissioners 117 NW Lafayette Avenue Bend, OR 97701 Re: File 247-14-00045—LC; 247-14-000457-PA Dear Commissioners, Please accept these comments into your record on the application referenced above. I am not an expert in Land Use law, so these are the offered as a layman neighbor who has followed this saga for quite some time. Comments are offered as there has been a Central Oregon Land Watch comment submitted urging you to deny the application. First, the size of the+/- 22 acre property, makes it not economically viable as a commercial hay growing operation. I have pasture on a 30 acre farm in the immediate area that requires farm acreage equipment, COID water, 3-phase pump, water hand lines, fencing, fertilizer, etc. I pay the bills. I know the costs. Viable commercial operations have moved from small acreages like mine to areas remotely located where economies of scale can be achieved. This has been my home since 1977. Second, the commercial viability of the Hay Barn property was in purchasing hay, storing it, shipping it and reselling it. Evidence was received by you showing Mr. Aceti sitting on hay bales on his property. if you would like, I could sit on 35 tons of hay bales on my property, all purchased from outside, commercial sources. None was grown on this property. We used to raise our own hay on 40 acres, but could not make it pencil out as costs rose beyond what we could purchase it for from large, commercial operations. In fact, I have purchased hay from the Hay Barn. The comments submitted by COLW suggest understanding supply/demand and market conditions, but they are complicated by a static view of both. If they are paying $270 for orchard grass hay and record highs for cattle, a couple of phone calls will save them a bunch of money on today's market. The cycles in agriculture are legendary, and, with 22 acres, fatal economically. Time does not stand still, no matter how hard we try. Central Oregon soils are marginal at best, particularly with our abbreviated growing season. While the comments by COLW quoting NRCS and the applicant split hairs on the class designation of the soils and how they were taken, the fact of the matter is that it is poor soil. Deschutes County granted a exception for building on my property because of the soil quality. The comments about 100% of the land excluding other soil quality, which were refuted by the applicants' soil study, indicate a macro view contradiction of facts with actual micro studies to the contrary. Opposition comes from an entity speaking for a `Special Interest' group. Support comes from neighbors who are familiar with the evolution of the project over many years. This is, after all, private property. Public ownership of property in Oregon is 55% if memory serves. The buildable property is some 7%. Real estate will eventually be productive for the highest and best use. At this major transportation intersection, the area would be best served by having a rural commercial use. It is convenient and would serve folks most conveniently, perhaps preventing less traffic regionally than it would create. It's `On the way' to many places and serves as a hub, with many residences in the immediate area. The commercial/industrial uses already existing at the Junction are a testament to what can work commercially, and it is not agriculture. The neighborhood speaks for itself. Have you driven by the referenceded GB Ranch on Highway 97? Do you remember what the field looked like between the highway and the house and out-buildings? A before-and-after picture would tell you how viable the agricultural uses of the property since the often, very often, referenced 1905 would indicate. At one time, it was a classic, alfalfa field,managed by Gerald Barrett and later, Gary. Today, it is an eyesore. What do you think the chances of this generational property becoming commercially, agriculturally viable are? Times have changed. The water access and easement is something I cannot speak to with personal knowledge. However, it either exists or it doesn't. That is really the answer. To attempt to create a woulda-shoulda business plan for the Hay Barn property after the fact is particularly difficult when you have no investment in the property. Imagining is much easier than actually executing when the facts and personal situation are known. I, too, am concerned with taxpayers' money ... I am one. However, there is great concern with a taking of private property without making the land owner whole. Was this the best place to put the road, or would the original Deschutes Junction crossing that already existed have been the best? I certainly don't know, but the area chosen required a taking of private property on both sides of Highway 97, with access under the road provided for Aceti, Robinson and BNSF properties. A COID canal also runs under the road. A never-ending area of spending taxpayers' money is found in time, effort and money on endless appeals of land use decisions as well, to say nothing of cost to the private property owner(s). Cowboy logic is not how you can make your decision. Your Professional Hearings Officer has, however, provided a finding and the information necessary for a reasoned decision. The approval has obviously considered researched information that supports the application. This is most apt to be a supportable decision, rather than that of the applicant or the dissenter. I would urge you approve the application so this dance does not continue simply because there is `Special Interest' music. Respectfully submitted for your consideration, Jack Holt 21440 Morrill Road; Bend, OR 97701. ( c ) 541 420-8585 December 1, 2015a6c' r k' laCj REBUTTAL of Central Oregon Land Watch's Testimony of November 23, 2015 COMPREHENSIVE PLAN MAP AMENDMENT AND ZONE CHANGE BEFORE THE DESCHUTES COUNTY BOARD OF COMMISSIONERS FILE #: 247-14-000456-ZC FILE #: 247-14-000457-PA APPLICANT/PROPERTY OWNER: Anthony J. Aceti � ' ' �" &p.,/ 21235 Tumalo Place Bend 97701 41 (541) 419-0858 REPRESENTATIVE: Pat Kliewer, MPA 60465 Sunridge Drive Bend, OR 97702 (541) 617-0805 Ga*i 0 7 2015 SOIL SCIENTIST: Roger Borine Sage West, LLC Deschutes County CDD 64770 Melinda Ct. Bend, OR 97701 TRAFFIC ENGINEER: Gary Judd Sage Engineering Associates LLC 60867 Windsor Drive Bend, OR 97702 SUBJECT TAX LOTS: County Assessor's Map 161226C, Tax Lot 201 and County Assessor's Map 161227D, Tax Lot 104. SITE ADDRESS: 21235 Tumalo Place, Bend, OR 97701 for tax lot 161226C000201. No Situs Address for 161227D000104. SIZE OF PARCELS: Tax Lot 161227D000104 contains 1.33 acres. Tax Lot 161226C000201 contains 20.26 acres. The two parcels together contain 21.59 acres. CURRENT ZONING: Tax Lots are zoned EFU-TRB, Exclusive Farm Use- Tumalo/Redmond/Bend subzone. They are in the Highway 97 Corridor Landscape Management Combining Zone (LM) and are designated Agriculture on the County Comprehensive Plan. REQUEST: For the 21.58 acres, the Applicant requests a Comprehensive Plan Map Amendment to re-designate the property from Agriculture to Rural Industrial and a corresponding Zone Map Amendment (Zone Change) to reassign the zoning from Exclusive Farm Use Tumalo/Redmond/Bend Subzone (EFU-TRB) to Rural Industrial Zone (R-I), and a goal exception. Page 1 of 104 The following information corrects the misinformation, wrong assumptions and mistaken conclusions in Central Oregon Landwatch's (COLW) written and oral testimony of November 23, 2015. COLW submitted written testimony in opposition to the Application in June 2015. The Hearings Officer in this case considered and dismissed those ideas in her September 30, 2015 decision. 1. STATEMENT BY COLW, Page 1: "21.59 irrigated hay farm with 19.71 acres of water rights." RESPONSE: This phrase has three mistakes. First, the two tax lots comprise 21.59 acres. However at least three acres are covered by structures, driveways, paved and graveled parking, loading, and truck maneuvering areas as well as a rock ledge that has never been cleared and cannot be cultivated. Second, the 21.59 acres are not a hay farm and have never been a hay farm. Third, there is a water right of 16 acres on Tax Lot 201. Tax lot 104 has no water right. EXHIBIT 8 is the deed to Tax Lot 161227D000104. It contains 1.33 acres. It was created as a new tax lot by the County and deeded from the State of Oregon Department of Transportation to Aceti on July 6, 1998. It formerly was part of Tax Lot 161227D 00100, owned by Western Oregon Conference Association of Seventh-Day Adventists and deeded to ODOT on Oct. 29, 1997. Due to the realignment of Tumalo Road, Tumalo Road ended up being south of the small parcel instead of north and the land was no longer of value to the school. The owners were compensated for the loss of land and a new tax lot was created and deeded to ODOT. Being remnant land, it was deeded to Aceti, whose parcel was contiguous to it. This small parcel is covered by cinder rock, is urban soil and has been used for a truck turn around since 1998. It was previously the driveway and entrance for the Three Sisters Seventh Day Adventist Christian School south of Tumalo Road. Tax Lot 161226C000201 contains 20.26 acres, which is partially covered with the 23,460 square foot barn, three paved and graveled driveways, loading and parking areas, fire hydrants, utilities, a product display area on a rock shelf,juniper trees, and unfarmable rock flows. The applicant does not own the approach to the overpass that bisects his land and covers 2.33 acres. Aceti and Bruce Barrett (who still had a legal ownership interest in the property at the time) deeded the land in 1998 to ODOT. ODOT in turn deeded it to Deschutes County. The water rights to the 2.33 acres under the approach to the overpass were given up to Swalley Irrigation District by ODOT. Water rights for 3.71 acres under the barn, three driveways, loading and parking areas were given up in a quit claim deed to Swalley Irrigation District (SID) on October 28, 2015 as initiated by SID many years ago. Currently, the Applicant has 16 acres of water rights. Swalley Irrigation District GIS staff prepared the following document that shows the location of 3.71 acres of water rights in the brown rectangular boxes that were recently removed from the subject parcel. There is no water right under any road or overpass. They were removed by an agreement between Swalley ID and ODOT. Page 2 of 104 There is no water right on rocky areas such as in the upper right hand corner. a e� �o%'�/ 741 3. // , .5.1.° °e /2:5111-s (c4;t � ............ Awl'w:KNY hra " �1$dir worn :1w40•5 wrWuwe District a 0.016 0.03 0.46 rate C...s.a tiatau�r r,Y01 tl Water rights to all of the parcel were never awarded or purchased. Today Swalley has a map showing the exact locations of the water rights on the parcel. It is attached to the end of this rebuttal. Five acres of the parcel do not have water rights and never have had them. The Hay Barn is the agribusiness that the Applicant has owned in two counties for 39 years. He custom farms land owned by others and farms his own land. He buys and sells hay and transports it within several counties for hay raisers and users. Simply put, the Hay Barn is a large hay brokerage and distribution business. The Applicant and his step-father purchased 70 acres in Christmas Valley in 1976. As partners, they farmed that parcel and ran a hay trucking and brokerage business in Christmas Valley from 1976-1995. Aceti continued to farm the 70 acres in Christmas Valley until he sold it in 2014. In 1995, he built a 23,460 square foot barn on the Deschutes Junction site for his business. The reason the property was suitable for his business was its central location and access to Highways 20 and 97 as well as to Prineville and the ability to maneuver double hay truck and trailers in and out of the property. Page 3 of 104 The following year, in 1996, Aceti received a permit for a second barn. As he was preparing to build it, the County notified him that ODOT would likely need the building site for the approach to the new overpass. The barn was never built. The Settlement Agreement between the County and Aceti, (EXHIBIT 18) preserved the Applicant's right to build a barn on at another location that met setback requirements. STATEMENT BY COLW, Page 1: "The subject property has been used by successive generations of farmers since 1905, including the applicant, to produce grass hay and other irrigated crops." RESPONSE: The entire statement is in error. Irrigation water was first applied to the subject parcel in 1968. (Email to the County from Suzanne Butterfield, Swalley Irrigation District regarding this application.) From Suzanne Butterfield [mailto:suzanne @swalley.com] Sent: Friday, May 29, 2015 1:24 PM To Paul Blikstad Subject: FW: Aceti "Our files show that Swalley ID was the water purveyor of irrigation water to this property from 1968 to date." Furthermore, the land was not farmed until 1968. After 1968, the unproductive parcel with extremely shallow soils was cultivated and irrigated sporadically for only 28 years, in total. The first 5 owners did not farm it In fact, most owners were not farmers and bought it for land speculation or for its central location. The George and Vietta Barrett family was the first to irrigate it and attempt to farm it. Since 1968 the Barretts sporadically planted the subject parcel in orchard grass along with their more productive Tax Lot 161227D01100. They never planted any other crop. They jointly planted a crop of orchard grass with Aceti one year, getting 3.5 pickup truck loads of hay bales. The following year, Aceti planted the southern part of the parcel and did not bother to harvest it because the crop was so poor. That was the last year it was "farmed". Seven parties have owned the property. Two of them owned it less than a month. Page 4 of 104 FIGURE 11. PROPERTY OWNERSHIP TABLE Grantor(Seller) Grantee (Buyer) Date Which land? 1. United States James R. Low, a single Filed on Low received a five-year President William Taft man December 16, homestead patent to 160 acres, 1903. two rectangular 80-acre parcels side by side: Awarded West 1/2 of SW 1/4 of Sec 26 and Patent on east 1/2 of the SE 1/4 of Section 27 Oct 14, 1909 in Township 16 South of Range 12 East , Willamette Meridian. 1 b. James R. Low State of Oregon Oct. 13, 1933 Low sold 6.73 acres in a strip of land 100 feet wide, 50 feet on each side of the proposed centerline of The Dalles-California Highway to construct the new highway. ODOT paid Low$500.00 2. James R. Low William B. Crawford April 8, 1943 Lowe sold his 160 acre homestead and Ada R. Crawford, including 160 acres, excepting the husband and wife 6.73 acres of land (153.27 acres) for the new Highway 97 to the Crawfords,together with water right in Deschutes Reclamation and Irrigation Company for 120 acres and 120 shares in stock in the corporation. 3. William B. Crawford and William L. Morris and March 24, Crawfords sold the same 160 Ada R. Crawford, Beulah May Morris, 1947 acres, excepting the land for husband and wife husband and wife Highway 97. (153.27 acres) No mention of water right. 4. William L. Morris and Lester E. Walton and March 24, Morrises sold the same 160 acres, Beulah May Morris, Jennie.T.Walton, 1947 excepting the land for Highway 97 husband and wife husband and wife (153.27 acres). No mention of water right. 5. Lester E.Walton and. Carroll Lawrence and July 24, 1967 Waltons sold 25.2 acres in the SW Jennie T.Walton, Mary D. Lawrence, 1/2 if Section 26 and in the SE 1/4 of husband and wife husband and wife Section 27. Bounded on the east side by the "Dalles-California Highway#97"and bounded on the northerly side by the south right-of- way line of the "Deschutes Tumalo State Secondary Highway"for 997.75 feet between the Highway 97 and the line between Sections 26 and 27,thence south along that section line for 1341 feet, thence east for 464.43 feet to the right-of- way of The Dalles-California Highway. Also deeds a 20 acre water right of Deschutes Reclamation and Irrigation Company. Page 5 of 104 6. Carroll Lawrence and George G. Barrett and August 1, 25.2 acres with 20 acre DRIC Mary D. Lawrence, Vietta A. Barrett, 1967 water right as above. husband and wife husband and wife Gerald M. Barrett, Stephen Greer, Trustee February 19, Correction deed referring to deed personal representative of the Vietta A. Barrett 1988 of Sept 27, 1984 setting up of the Estate of Vietta A. revocable family rust, revocable trust. Barrett, Grantor Grantee Three parcels including the 25.20 acre parcel "together with 20 acres of Central Oregon Irrigation District Water." Bruce Barrett and Gary State of Oregon, ODOT February 15, $22,850.00 Barrett 1991 Book 231, page 81, 1.18 acre for widening of Highway 97 from two to four lanes. (24.02 acres remaining) Deed grants the right of ODOT to construct or otherwise provide at any future time a public frontage road or roads with the ability of property owner to apply for permit to access the frontage roads. 7. George G. Barrett and Anthony J. Aceti April 10, 1995 Approximately 24.02 acres in the Gary W. Barrett NW 1/4 of the SW 1/4 of Section 26, T 16 S, R 12 E, W. M. No mention of water right. New easement of 40 feet on western property line for Barrett's egress and ingress from their parcel to the southwest, lot 161227D00100, a 1.23 acre easement on west side. As outlined in FIGURE 11 of the Application, and described in detail, the subject site was part of a 160 acre parcel between 1903 and 1967. The homesteader, James Low, selected the property in 1903 because his father had the homestead adjacent to it and it had the best transportation system at the time See FIGURE 9, DESCHUTES COUNTY SURVEYOR'S MAP OF HISTORIC AND CONTEMPORARY ROADS AT DESCHUTES JUNCTION of the Application. James Low was not a farmer and farmed only 20 acres of the 160 acres during his 40 years of ownership. He cleared and farmed the 20 acres in the flood plain on the east side of Half Mile Lane. His father's (Benjamin Low) 1901 homestead was on the west side of Half Mile Lane. Homesteaders were required to cultivate a minimum of twenty acres of land to meet the requirements for their patent. Benjamin Low and James Low each cleared and planted the minimum acreage. Irrigation water was not available then. James Low never cleared or cultivated the subject site. Swalley did not complete its irrigation system into the Deschutes Junction area until after the fall of 1912. James Low owned a Bend saloon after 1904 and it was his primary means of support and he helped build roads for the county. James Low owned his 160 acre homestead and lived in a box house on the spine ridge for 40 years. See SECTION 13, PREVIOUS OWNERS of the Application for more detailed information about the previous owners. James Low sold the 160 acres minus the land he had sold to the State for the new US Highway 97 to Ada and William Crawford in 1943. The Crawfords lived in Bend and used the 153.27 acres with the new US Highway 97 crossing it to store logs and logging equipment on site due Page 6 of 104 to its central location with easy access to Sisters where his son worked for a logging company, to Prineville, to Bend and to Redmond. He also had other trucks and heavy equipment stored there. Earlier, Crawford owned the first stockyard in Bend and hauled freight with horse-drawn wagons. He was a sand and gravel contractor in the 19305. He was not a farmer and did not have the 160 acres farmed. William Morris, who did not live in the Bend area, was not a farmer, but rather was a salesman and a wood yard owner. He bought the 153.27 acres in 1947 on real estate speculation and resold it the same day to Lester and Jennie Walton. Lester and Jennie Walton bought the 153.27 acres in 1947. Walton was a butcher and sharpened blades as his business. In retirement, he began raising Arabian horses and amassed over 700 acres in the Deschutes and Tumalo areas. The Waltons partitioned the least productive portion of the former Low Homestead into smaller parcels to resell on speculation. He was not a hay farmer and did not sell hay and did not irrigate the subject parcel. The Waltons sold the 25.2 acres that included the subject property to Carroll and Mary Lawrence in 1967. The Lawrences sold the property a week later to George and Vietta Barrett. George and Vietta Barrett bought the 25.2 acres in 1967 to add to surrounding parcels they had purchased in the immediate area that they called the Deschutes Ranch, looking for economy of scale for their ventures. They were the first ones to cultivate and irrigate the subject parcel. By 1970, the Barrett ranch extended east of Highway 97, covering 115 acres of Low's homestead But, finding the parcel unproductive and prohibitively rocky, they scraped the topsoil from the deeper areas and pushed it over to the areas with least soil, to make at least part of the land plowable. Today, the soils is too shallow for most farming equipment. The parcel is located over 1,230 feet east and is uphill from the four irrigation ponds along Half Mile Lane. The subject site is north of the rock spine and over 500 feet from the closest, but unused, irrigation pipe along the rock spine. The closest irrigation pond "the Lawrence Pond" is about 650 feet south of the subject site, but it is not used. A significant event occurred in 1991 that effects many of the surrounding parcels and the subject parcel to this day. The Lawrence Pond was reduced in size by 75% by the Highway 97 widening project in 1991. What remains of the pond is at the intersection of the spine ridge with Highway 97. Bringing water to the site from either pond required electric pumps. When the Barretts irrigated their land, they drew water from the Lawrence Pond, The Barretts ran some cattle seasonally on the subject site as part of their larger operation, but abandoned the subject property. It had been fallow for years when the Applicant, Anthony Aceti, bought the 24.02 acres from the Barrett's sons on contract on April 10, 1995 for his hay brokerage and hay trucking business. The Barretts had not farmed their other parcels to the south and west for several years and were involved in other ventures. In 1996, through an agreement, Aceti supplied Gary and Bruce Barrett with his big tractor and hay farm equipment that he hauled from Christmas Valley, so they could seed their parcels to orchard grass. In return, they applied fertilizer Aceti bought and disked the subject site. But being familiar with it, they did not rototill it because the soil was too shallow for the blades of the expensive equipment. Aceti hired Renee Guzman to seed a portion of his parcel. Aceti paid the Barretts to irrigate it with their wheel line. The resulting hay crop was so sparse and short that it was not marketable. The hay was difficult to form into even small bales. The Barretts Page 7 of 1.04 baled it and only 3.5 pickup truck loads of bales (3.5 tons total) were harvested off the 18 acres that were planted. (In a productive Central Oregon hay farm, in a typical year, about 5 tons per acre would be the normal yield.) Aceti's actual costs of producing the three and a half pickup loads of hay did not begin to repay his actual costs to produce the meager crop. Therefore, the Application clearly demonstrates that the subject site was not cultivated for the first 64 years of ownership. (Historical record in local history books, Interview with James Low's nephew, Kenneth Lowe, Swalley Irrigation District records, biographical records of owners at the Des Chutes Historical Museum, Central Electric Company records, federal census records, aerial photos.) The following facts make COLW's unfounded assertions impossible. • Irrigation water was not available to the area from SID until September 1913. (National Archives) • Electricity to pump water uphill was not available until 1946. (Central Electric Cooperative records.) • Swallley Irrigation District first delivered water to the subject site in 1968. (Swalley ID) • The parcel was farmed sporadically for about a 28 year period only. • Only one of the owners since 1905 farmed or irrigated the land. • Most of the owners were not farmers. • Only two owners attempted to grow hay on the site the Barretts and an Aceti/Barrett partnership. Both the Barretts and Aceti gave up farming the site • The only crop attempted was orchard grass. • No orchard grass crop was successful. • There is no record that shows any other crop was ever grown on site. 2. STATEMENT BY COLW, Page 1. "According to the Bulletin, `the only thing standing in the way of the$3.9 million project in late 1996 was a hay farmer, who demanded extensive mitigation from Deschutes County and the state of Oregon to permit the continued integrated use of his farm to grow irrigated crops, specifically grass hay. Negotiations with the hay farmer continued for weeks, then months. The hay farmer would not settle with the county until the Board of Commissioners agreed to ensure that even after a new highway access road crossed his hay farm, the hay farmer's irrigated cropland would continue to function as an integrated whole." RESPONSE: This strongly- worded ("demanded", "extensive") and totally irrelevant and uninformed statement is mean spirited and a personal attack on the Applicant. It is not credible or factual and does not address any relevant criteria in this application. It is COLW's words and is not attributed to any party in the overpass and road realignment project. COLW's purpose of writing it appears to be character assassination of the Applicant. The characterization of the property as irrigated cropland and as a productive hay farm was addressed above and is a completely false description. Although it is not relevant to any criteria in this Application, it is important to respond to the allegations from COLW, about events that transpired 20 years ago. It appears that COLW is uniformed of the usual, long, step-by-step process by the land acquisition team and appraisers at ODOT in these situations in which ODOT needs private Page 8 of 104 property for a new overpass. And, the process the county goes through when it needs land for new roads or to realign roads is a complicated one with clear procedures. Private property owners cannot demand anything. It is not a simple process, but it is a process ODOT goes through regularly and that has many requirements and guidelines. It is a rare situation if all of the adverse effects to the property owners are anticipated by governmental bodies or that the first offer for purchase or mitigation for adverse effects is accepted. COLW can try to characterize the Applicant as a dishonest, unreasonable, greedy person with this testimony, but the community knows otherwise. Aceti's actions over the past 20 years that he has lived in Deschutes County speak much louder than COLW's hurtful words. He is well known and his generosity is appreciated in this community. He has an excellent reputation as a businessman and as a citizen. He conducts his business with huge cattle and hay ranches covering thousands of acres and hobby farmers with a few goats on one acre, with a handshake. County Commissioner Linda Swearingen was quoted by the Bulletin news editor, Barney Lerten on July 20, 1997, "Aceti provided property to the north for the new Tumalo Road alignment." He did not receive any money for it, giving it to the county. There are many examples of Aceti's generosity to the community over the past 20 years that could be cited here, but this topic is not relevant to the Application. However, one relevant example of his community mindedness and generosity is in the Application. FIGURE 27. LETTER FROM DESCHUTES COUNTY RURAL FIRE PROTECTION DISTRICT#2 REGARDING OFFER OF LAND FOR NEW FIRE STATION is a letter dated February 28, 2007 from Deschutes County Rural Fire Protection.District#2 to Aceti. The letter is a response from the fire district to Aceti's offer to donate land for a new fire station on the subject property, due to its ideal location that could cut down response times in all directions. It is possible that the fire district may take Aceti up on his offer and one of the uses on the rezoned parcel would be a fire station. During the six years that ODOT and the county were planning and budgeting for the Deschutes Junction Overpass, the Applicant lived in.Christmas Valley. He had no awareness of the transportation project planning for Deschutes Junction going on in Deschutes County. Nor did he know about the project when he was looking for property to buy in Deschutes County in 1995. In April 1995 he entered into a purchase agreement with the Barretts and immediately turned his attention to relocating his business and moving flatbed trucks, trailers and high production farm equipment from Christmas Valley, designing barns and applying for permits to build two large barns on site for his hay brokerage business. He completed the barn that sits at the northern edge of the property in 1995. He applied for permits for the second barn close by and south of it, so that they could share hay moving and stacking equipment and an internal road system. He was awarded the permit for the second barn in 1996. Very soon after he received the second building permit, but before construction commenced, he was notified about the proposed overpass and the approach to it that would cross his property, in the exact location of the second barn. While Aceti's attention was focused on designing barns, getting the permits and in barn building, the Barretts noticed Aceti's the specialized farm equipment and hay trucks that he was moving Page 9 of 104 onto the property. They hadn't farmed the subject parcel or the parcels to the southwest in a few years, and were interested in rehabilitating and replanting 161227D tax lot 1100 and starting over on the subject site. They had been running calves seasonally on their land instead of growing orchard grass for some time and the cattle had compacted the soil and they would have to start over. Aceti's equipment offered them the opportunity to rehabilitate their fields without leasing equipment. The Barrett brothers and Aceti agreed that the Barretts would use Aceti's tractor and farming equipment in return for the Barrett's assistance in putting in a crop on a portion of the land they were selling to him. As was stated on the previous page, the effort as not successful. The Barretts never used their wheel line again and later it was sold to the buyers of tax lot 1100. After it was apparent that the parcel was not suitable for farming, Aceti used some of the Barrett's aluminum irrigation pipes three times for dust abatement during fall fund raisers that he initiated and organized that raised tens of thousands of dollars for local non-profit organizations. The festivals included creating a 100-ton hay maize and a haunted hay stack from the tons of hay in his barn following the year's harvest. (The hay was not grown on site.) The first event was to raise funds for the Red Cross for the victims of the 9-11 tragedy in New York City. The following year the proceeds went to support the local Bend-La Pine Hospice program. A third fundraiser the next year raised thousands of dollars for the Bend Chapter of the Boys and Girls Club. The water for dust abatement did not come from SID. It came from the fire hydrants on site. Other than his experience in getting building permits, Aceti's knowledge of transportation planning, condemnation of private land and land use planning was nearly zero. The realignment and new overpass project was a joint project between the County and ODOT. There were various departments in ODOT and in the County as well as attorneys and independent appraisers involved along with multiple staff members in each department. No one person was assigned to inform him of the project or the process or to negotiate with him. On the other hand, ODOT and the County had focused on and negotiated with the owners of the Three Sisters Seventh Day Adventist Christian School next door and with the other owners of effected land on the east side and west side of the highway for several years during the long planning process. (The mitigation for the school impacts included building the sound wall along Tumalo Road and constructing a new entrance.) Attorney Sharon Smith of Bryant Lovlien &Jarvis, P. C., represented both the County Public Works Department in its land use application to site the Deschutes Market Road Interchange and Cascade Pumice that owned the land on the east side of the highway that would be impacted by the project. She declared her conflict of interest, and the parties were agreeable to her involvement on both sides of the table. In her dual role, negotiations with Cascade Pumice began early in the project and were planned for in the budget. By spring of 1996, terms of the settlement with Cascade Pumice were spelled out and generally agreed to while Aceti was just being notified of the project. While Aceti's attorney had to press hard to get a small 16' box culvert to allow a connection between his northern portion and southern portion of his property to connect his two barns after the overpass was built, Cascade Pumice got a generous settlement that included frontage roads and a bridge. 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"` ,a F h 5 ,• p e u t ; ; ic r Y "�,,p� F 5A',$ "'pa F""'A�?ry < k 7.,.:: G n ,e "'w ,,�` 3 .... ., - ;' 7 G"+,':'' � r .. r w f...,''.;‘,'„......Y. .:q,t°* \+ g . .. ... .�,. •" t.^.d;.m.. � .. 7H � _ d .«�...... 2„.../-,'-'' + >"..rG ..�a.*=°"?4 ,�3'-a.r Smalll6' bax culvert built to allow internal road across the Aceti-Barrett private property on the west side of US Highway 97 as part of mitigation for the Deschutes Junction Overpass project. Photo repeated from Application Aceti faced the task of learning about the project's location, design and impacts. It had many facets, several County road realignments, a new road called Tumalo Place, and the new ODOT overpass and on and off ramps that would be located on his property. He began to understand the project's adverse effects on his business. t 1° z �l f + 9v foot long, hay trLicks into boti i the I fvrii ier n and f ffa biggest %vn%er iii 'vVaS in i..-.. i e woufu yep y, southern portions of his property safely for loading and unloading tons of hay and how the trucks and other necessary vehicles and farm and hay moving equipment could be moved between his barns, if one was on the northern portion of the property and the other was on the southern portion, separated by an approach to an overpass over a 4-lane highway. In order to consider possible mitigation for the project to keep an appropriate internal transportation connection across the approach to the overpass that would bisect his land, he reached out for expert help. He hired two attorneys in Redmond and Portland in succession. Each one had different ideas and different styles that did not match his own person to person, collaborative style. He soon discovered that being represented by attorneys meant that he could not talk directly to ODOT or the County staff and representatives. It was not until he ended his legal representation that the BOCC decided to communicate with him directly, themselves, and progress was made. As Commissioner Linda Swearingen was quoted in the Bulletin, at the announcement of the settlement with Aceti in 1997 "What got us in trouble was, public safety was our No. 1 concern, so we didn't have the time to work out the Page 12 of 104 details with Mr. Aceti before the project began." She continued, 'What frustrates me about these cases is, the only person who has ever won is the attorneys— not the public and not the private property owner." "I hope every elected and appointed official would treat people how they would like to be treated." "Too often we get caught up in the vision and the mission that we forget. It might hurt to hear it, but now and then, we need the Tony Acetis to keep us honest." Aceti was quoted by the Bulletin as saying, "If there had been more communication from the very beginning, this thing would have been settled a long time ago, and at a lot less cost to the taxpayer. As it happened, the impacts to the property and to Aceti's business were discussed among the parties, ODOT, the BOCC and the owners. Further complicating the situation, the Barretts had an ownership interest in the property and were involved in the negotiations. If Aceti had decided to not go ahead with the purchase of the parcel, the land would again be for sale and they wanted to have the best situation and be in the position to get the best deal that they could if that happened. The Barretts had previously declined an offer from ODOT to purchase the entire parcel at half the price that Aceti paid for it. Aceti's attorney said several times at meetings that he did not represent the Barretts and clarified that the Barretts and Aceti had different points of view on the situation and different impacts. Rezoning the property from EFU to Rural Service Center or Rural Industrial was discussed at length in county meetings and the BOCC agreed that it was appropriate to rezone the property to a non-agricultural zone at that time. However, as the talks progressed, the county's planning director staff told Senator Ben Westland that contract zoning is not allow-* and the zoning could not be changed through a deed or Settlement Agreement and it must go through a land use application process. However, the county told Aceti he must apply for it and he would likely have to contract for legal help to complete the application. The county attorney did write in the settlement agreement (See EXHIBIT 18) (item 9. I) SETTLEMENT AGREEMENT BETWEEN ACETI AND DESCHUTES COUNTY "Subject to paragraph 12 hereof, Public Works agrees not to oppose a subsequent comprehensive plan change or rezoning of the Aceti property from EFU to rural service center, rural industrial, or other similar plan or zone designation." This agreement was signed by the chair of the BOCC, Nancy Pope Schlangen on May 14, 1997 and by the three owners at the time, Anthony J. Aceti, Bruce G. Barrett and Gary W. Barrett. The Cascade Pumice property across the highway was rezoned from EFU to RI the year after their settlement. The same rezone was anticipated for the subject parcel. It became clear to Aceti and the Barretts that the overpass would be a tall barrier between the two portions of the property bisected by the new overpass approach on Tumalo Road. In order to allow a transportation connection between his barns and the circulation on his property, Aceti would need something like the bridge under the overpass approach on the east side of the highway that Cascade Pumice was awarded. ODOT did not want to spend the same money for mitigation and construction of the bridge that they did on the east side of 5209641 the highway, so it offered the 16' box culvert and the three turn lanes and entrances into Hay Depot property. The turn lanes would be adequate for 90-foot long hay trucks. The turn lanes are of course owned by the public, but return the County road access to the property that was there previously. The resulting mitigation was moderate, inexpensive and reasonable. Page 13 of 104 The negotiations with Aceti took about a year, but were played up in the press. Oddly, the settlement with Aceti was never compared to the settlement across the highway with Cascade Pumice. In hindsight, the parties acknowledge that negotiations with Aceti were overlooked by the County and ODOT until the last minute. He was a new owner and a new resident of the county and had not been informed or included in information during the several years that the other parties had been involved. Aceti's negotiations were rushed and compressed in time at the end of the planning period while communication with and negotiations with the other parties and neighbors had started years earlier when the location of the overpass was still being considered. The negotiations with Aceti took far less time than negotiations with the owners of the other parcels. The difference was that identifying adverse effects from the project and negotiating his mitigation were overlooked until the last minute when the project was nearing the construction phase. 4. STATEMENT BY COLW, Page 1. The hay farm had been in use for irrigated agriculture since approximately 1905. The hay farm was irrigated with a single wheel line, but after the property was bisected, the property would need another wheel line or a hand line, according to the hay farmer who, along with his family, had been irrigating the property since the 1950's. RESPONSE: The Borine Study shows that even if the subject site could be irrigated today, the irrigated soils would still not be classified as Agricultural soils. See EXHIBIT 14, MAY 8, 2012 AGRICULTURAL SOILS CAPABILITY ASSESSMENT, ROGER BORINE, SAGE WEST, LLC, 46 PAGES. Borine's conclusion states: "Conclusion: The purpose for this study was to conduct an inventory and assessment of the soil resource and specifically the extent of agricultural land as defined in Oregon Administrative Rules (OAR)660- 033 Agricultural Land for this 21.6 acre parcel. The inventory and analysis of this parcel in T165, R12E,Section 26 tax lot 201 and Section 27 tax lot 104 determined that approximately 80%(17.2 acres)is Land Capability Class 7 and 8 sails; and 20%(4.3 acres)is Land Capability Class 3-6 soils. The parcel as defined is not predominantly Agricultural Land. Further, together with the LCC soil ratings as non-agricultural soils, the determination of suitability for farm use is "generally unsuitable"for the production of farm crops, livestock or merchantable tree species based upon low fertility, limited soil depth for cultivation and ability to store and hold water, lack of forage production for livestock grazing, limited length of growing season and high levels of energy input with limited outcome. Page 14 of 104 Table 3: Summary of LCC,acreages and percentages for revised soil mapping units Deskamp loamy sand,0-356 slopes Deskamp 6 ©aa 1.7 8 1.7 8 Gosney,deep-Deskamp complex,0- Gosney,deep 6 6 13 2.6 12 8%slopes Deskamp 6 3 Nora Gosney-Zeta complex,0-3%slopes Gosney 7 NEM 0.2 111 12.6 62 12.7 59 Zeta 7 7 Urban Land 1.111111 8 8 ® 85 3.4 17 4,5 21 Furthermore, Borine states, "This parcel requires technology and energy inputs over and above that considered acceptable farming practices in this region. Excessive fertilization and soil amendments; very frequent irrigation applications pumped from a pond with limited availability; and marginal climatic conditions restrict cropping alternatives." As previously corrected in the response, the subject site was not irrigated until 1968. COLW's term "Irrigated agriculture" conjures up the image of a healthy, lush orchard, vineyard or field with water being sprinkled on deep, productive soils. The erroneous image is misleading and is only wishful thinking and is not backed up by any facts. The image of generation so of farmers is not true. The statement of generations of owners farming the property is not true. Barretts n it is true that they would not wheel lines belonged to the a d y of work-after the overpass was built. This was one of the Barrett Brother's concerns and an adverse effect of the overpass project that they wanted to have mitigated. Aceti never irrigated the property. He bought it in 1995. His parents were deceased before he moved to Deschutes County. COLW is likely confusing the Applicant with the previous owners, the Barrett Brothers, Bruce and Gary. The Barretts had an ownership interest in the land at the time of the negotiations with the county and ODOT and were outspoken at that time, were involved in the terms of mitigation, and signed the Settlement Agreement. Many of the terms that the COLW is belittling and criticizing without cause, came from the Barretts and the other parties to the negotiations. It is wrong to criticize the Applicant and other parties involved in the project 20 years later, especially without having the facts or understanding the situation twenty years ago. The Barretts are no longer owners and are not a part of this Application. The Applicant bought the property on contract from the Barretts in 1995. Previous to that he lived and worked in Christmas Valley. No owner since 1902, including the Barretts, would characterize the 19 acre unproductive parcel as a "hay farm". See the testimony from cattle rancher Carl Juhl (who would not run his cattle there), Rod Fraley, Jim Lawrence (owner of the 4.15 acre tax lot 161226C000200 directly south of the subject site), Dean Pettijean (a contract hay farmer), Harry and Bev Fagan (owners of the RC parcel directly north of the subject site), Ron Robinson (owner of a RI parcel at Deschutes Junction), Judd Wierbach (a contract farmer who lives in the area and would not farm the subject site for any amount of money), Leslie Bangert, Steve Mulkey, Ed Galazzo and Jack Holt (who owns the Used Cow Lot a half mile to the northeast of the subject site and east of the railroad tracks and Page 15 of 104 responded to this COLW testimony). All of those people told the Hearings Officer that the parcel is miss-zoned and unsuitable for farming or grazing. Former owner Jim Lawrence, said it is about time the property was rezoned. The EFU zoning is inappropriate. His family could not find a use for the unfarmable parcel and sold it within a month of the purchase. They retained the parcel to the south with the irrigation pond that was rendered inoperable by the ODOT highway widening project in 1991/92. The Hearings Officer considered their testimony in her decision. Several of them are ranchers, farmers and contract farmers and described the property as unsuitable for grazing of livestock and farming, due to its location at the busy intersection, being surrounded by non-farm uses, the commercial and industrial uses immediately north and east of the site, the expense and difficulty in using any irrigation devices if the water could be delivered to the site at all, the high noise level that adversely effects livestock, poor soils, exposed rock flows, the parcel's small size that lacks economy of scale, its triangular and irregular shapes and being bisected by the busy overpass and being bordered by major county roads and a state highway on three sides. ODOT's list of considerations to mitigate the loss of the use of the Barrett's wheel line is below. The solutions came from Thompson Pump and Irrigation to ODOT, at ODOT's request. See FIGURE 17. THOMPSON PUMP & IRRIGATION,INC. LETTER in the Application. The September 20, 1996 Thompson Pump Letter was requested by ODOT. The letter was addressed to ODOT and is an objective description of the project's impacts on the wheel line and the cost of each solution. It shows that COLW's sarcasm is not warranted. The irrigation company studied the situation and wrote the letter. They also noted the lack of easement to allow Aceti to bring water across other properties to the site after interviewing Ross, the SID the ditch rider and talking to the owners of the neighboring parcels, the Barretts,. Thompson described the project's impacts to the irrigation system on the subject property and possible solutions and their costs. The request from ODOT to Thompson Irrigation regarding mitigation options for the Aceti/Barrett property and the from Thompson Pump and Irrigation follow: Page 16 of 1.04 pex.is I9M >@arratt 5503 362 4130 P.01 THOMPSON PUMP & IRRIGATI Ny Inc. "Salved$am to `The&et Equlpmeflt Properly 63002 Sherman Rd. • Bend,Oregon 97701 PhOne(504382-4438 2425 SW HlghwaY 97 • Madras.Oregon 97741 • Phone(503)473-1215 Oregon Department of Transportation ACETI/BARRETT IRRIGATION 5y57 )4 ITEMS TO BE CONSIDERED: Irig The main yntem can be modified to water in two separate r line would have to be extended approximately 700' north. The use of wheel lines would be pretty much prohibited because of the shape of the fields. First the use of hand lines would be the meal. economical. The cast to add mainline and hand line+ would be approximately $ ,.OQ0,.00. If hand lines are not suitable either, a: hose.:,traveler, cast aporox. . $21,000 plus new pump station iaSt solid pset, ffields swut heed wline at a reel of $40,,250. Tno not snow. 0 profitable re:t'rrd for those.small parcels of land and the tops of: crops grown in the area, * Ins best place to run pipe under roadwaYmi #the be t 'adotof the field where the main line run now. It may to run a pipe under west side cf field. In either case,,..thf,s_le ;rot a very big expense if done wt en the roadwair is constrtactbd. a To replace 'irrigation eagUiPeer.V that present)y $48, in field and hand line ':eaaati meat: aitheet puep Station is approximately $13,000';00 new and useal runs #tooth &i000 00""10.000. * The only way water can be delivered Aceti's ipronperty according to Ross, ditch rider, at Swa11eY Irrigation Mr Barrett's property via one of 2 options; lti Divert the water out of * ditch behind B the at's barn rnientooa buried pipe across Mr Oarrntt'rs property to tyilt a pond S.W.Wnd install f Aceti'a property where Mr. Aceti eould pump station estimated cost of $,74.000-$80,000. 2. Aceti 'could install his awn pump station at Mr Oarrett's pond and bury a oUpply line to the SW corner of Mr Aceti's property estimated cost $90,000-siO0,0O0.00_ Mr. parre t is willing to give easement for option U 2 but at present tee. is a ainst giving easement for option It 1. Preps by r A mith cc: a ` et }/Ojake . Mat t nag .� �' Pumps: JACUZZI GOULD ..4411g.17 OM glee ,e KNELL kVA 410, Iffjgation E4vipmvta:: WADE RAIN CROWN AM RAIN BIRD CHEEN TRAVIS SINCE 1964 Page 18 of 104 ITEMS TO BE CONSIDERED: • With the roadway construction.the property will be separated into two parcels with access to either parcel along the west end of the roadway,plus there will be the existing access to the hay storage barn from Tumalo Road. (see attached map) • Can the current-Irrigation system be modified to water two separate parcels? If so.phase outline bow this could b c done and the cost to modify the existing system. The modified system needs to be ' similar to what's there now,if pile,and not more labor intensive(like going from wheel lines to hand lines),if possible. • To maintain the current mainline setup,a pipe could be constructed under the new roadway and then the mainline pipe ran through this-Is there aC any if rtthe nehero?roadway where the pipe work beset Would mom than one pipe be • The irrigation equipment is owned by the Barrett:and they are irrigating the property. if.after the . roadway construction is completed,the Barrens elect not to irrigate the properly and Aced assumes that task.what would a similar system(new or used)cost Accti using your proposed modification to the existing system? • Please outline how the water would be delivered to Accti'S property from the rnnaUhcndgato assuming he would not have use of Barrett*s pond,mainline,and did not have access over Barrett's property to deliver the water to his property and include the cost of-the equipment from the camal/hetdgate to deliver the water to his property. Please contact Todd or Ross(ditchrid cr)al Smalley irrigation District,388-0631,for information on how the water is delivered to the properly and how it might be delivered if not able to continue delivery through Barrett's property. v r c Oreg-ek-111 7(el v.v.:4 rttnhtYHir _..--- R Linda Drake dtvj(ihw t. new,nx%NA AO av p,y t•l k Xi�,, Page 17 of 104 5. STATEMENT BY COLW, Page 2. The hay farmer's demands to the Deschutes County Board of Commissioners included mitigation for the cost of revising the irrigation system and multiple other costly elements, as explained in contemporaneous Deschutes County records, ... RESPONSE: COLW does not say which criterion they think each of these opinions addresses or how they are relevant to the Application. COLW seems to be uniformed and misguided in its approach to this testimony. It unilaterally, in hindsight, and by using Bulletin articles and purportedly some old county records, sets itself up as a judge of the 20 year old settlement agreement among many parties. This is inappropriate, unfair and unkind. It is irrelevant to this Application. Is using the term "hay farmer" supposed to be demeaning? What is the purpose of the name calling? Using the person's name would help sort out COLW's comments about the Barretts and the Applicant. The settlement agreement was appropriate. Again, COLW lumps the issues of the three owners together and tries to denigrate the Applicant for something it does not know about. See the responses above to COLW's rewriting of history and the erroneous image of irrigation and farming on this site. Bisecting an already small, irregularly shaped parcel has significant impacts on the inability to continue to use of the Barrett's wheel line. It alludes to "other costly elements"to portray the three owners in a bad light, much different than they really were. The actual settlement with the. Barretts and Aceti was not"costly" and all parties including the BOCC (who were watching the project budget) thought it was reasonable and fair and agreed to it. COLW is editorializing, which is inappropriate. 6. STATEMENT BY COLW, Page 2: 7)provide a culvert pipe under the existing Tumalo Road and under the relocated road at no cost to the hay farmer to accommodate extension of water lines and related utilities and revise the then-existing irrigation system to defray the costs of"tapping into the existing water line and running said line in the culvert to the hay farm's northern boundary."See (COLW's) Figure 5 showing irrigation wheel lines at the northern boundary of the subject property." RESPONSE: COLW does not tell us how this is relevant or which criterion it is addressing. COLW is ignorant of the many water issues at that time of the transportation project that were discussed and decided twenty years ago. COLW confuses domestic water and irrigation water and lumps them together in this paragraph. Aceti was thinking ahead and wanted to prevent the new Tumalo Place on and off ramps and road connecting to the newly realigned Tumalo Road from being dug up shortly after it was constructed. He knew that Avion would need to bring domestic water into and across his property to serve the area in the near future. The Avion water line was on the north side of Tumalo Place so the road would have to be dug up to bring the water across the road to the south side of Tumalo Place. The same idea to prevent future damage to the new roads was implemented for the overpass approach. To prevent digging the new overpass up when the domestic water was extended south of the overpass, the same thought applied there. Page 19 of 104 Therefore, in cooperation among Aceti, Avion and the County, the domestic water pipes were installed under the roads during construction of the overpass. His planning ahead saved thousands of dollars later and prevented the road from being dug up and patched. The forethought payed off quickly. In 1996, the County CDD required Aceti to apply for a conditional use permit (CUP) to run the Hay Depot business because he was custom farming, buying and selling hay in Deschutes, Lake, Klamath, Jefferson, Crook, Morrow and Marion Counties. He applied for the CUP and as a condition of approval, the county hearings officer required Aceti to install fire hydrants and extend the 12"water line to the barn. Avian required the water line to be extended for the length of his property, and go under Tumalo Road. Private Contractor Waldron and Sons, Inc. was hired by Aceti costing approximately$35,000 to install the 12" water line and two fire hydrants. The total project cost of the pipes and in bringing the domestic water to his property cost Aceti $80,000. Aceti paid for the pipes and installation, but the domestic line and fire hydrants remains the property of Avion and others can connect to and use it. The plan to cross under the two roads before they were built payed off for all parties. It also resulted in a 20-foot wide easement to Avion for the length of his property and in two fire hydrants being on site today. This had nothing to do with wheel lines. On a related topic, with approval of the County, Aceti had a contractor bury three pipes west of the 12-inch diameter Avion pipe under Tumalo Road, as it was being built. The three pipes are for future uses so the road would not have to be dug up when the property and surrounding properties are urbanized. The county gave Aceti easements for one 12-inch and two 4-inch diameter pipes for future utilities to run under the approach to the overpass. 7, STATEMENT BY COLW, Page 2: "The farmer demanded these mitigation elements not only to mitigate for changes to operation of the hay farm as irrigated cropland, but also to mitigate for speculative harm for speculative future use of the subject property for livestock grazing." RESPONSE: As discussed before, COLW uses "farmer"for some derogatory effect unknown to us instead of a person's name. COLW uses strong words like "demanded" for an emotional effect on the reader. The argument is not relevant or accurate. COLW does not give evidence for its speculative arguments based on wrong assumptions and a rewrite of history and does not tie any of its opinions and stories to the criteria. The Applicant did not and does not own "irrigated cropland". That is a complete and unprofessional mischaracterization of the land. The property was not a hay farm. It was a site for the hay brokerage and custom haying business called the Hay Depot. Aceti never planned to graze cattle and never discussed anything about cattle grazing with the parties. That was not his business. COLW misattributes and misunderstands comments by the Barrens, who did occasionally run calves on the site seasonally prior to Aceti's ownership. 8. STATEMENT BY COLW, Page 2: After months of negotiations the county agreed to pay over $110,000 in mitigation investments to ensure the hay farm could continue to function as an integrated unit even after a highway access road separated the northern end of the hay farm from the southern end of the hay farm. Page 20 of 104 RESPONSE: Again, COLW is giving an uninformed opinion and that is not helpful. COLW is trying to demonize the Applicant by using unnecessarily strong rhetoric where it is inappropriate to do so. COLW again misunderstands the process, facts or the issues. She has converted the amount of some money for an unknown use or purpose to today's dollars. Why? It is unclear what she is talking about. Is her point that the owners should have not received any mitigation or payment for the loss of land and the adverse effects of the project? Is it relevant to this application? No. Does it address any relevant criteria? No. Does her opinion matter? No. Aceti is a hay farmer and a hay broker. He is proud of that, not ashamed of it, and knows his agribusiness is critical to Central Oregon. But, the subject site is not a "hay farm". In 1996, the Barretts wanted to preserve their ability to use the nonproductive land seasonally to run calves from the Hershey's Cattle Company for a few months each year. They would need a way for the calves to move under the approach to the overpass, if Aceti did not complete the purchase of the property and they were to continue as the owners. They needed an undercrossing that would not spook cattle and would allow farm trucks to pass under the new overpass approach. On the other hand, the Applicant was not interested in running calves on the land. He had other plans for the business that he had moved to the parcel from Christmas Valley and had just invested a significant amount of money to buy the land and to build the first huge barn. His concern was how he was going to move equipment and trucks between his barns if one barn was on the north side of the overpass approach and the other was on the south side. A loaded 90 foot hay truck that is hauling 30 tons of hay would be a tight fit through a 16-foot square box culvert. The County and Aceti decided on two turn lanes into driveways opposite one another on the west end of the overpass approach to help solve that problem and offered a third turn lane and driveway off Tumalo Place to allow some hay trucks to turn into the property near the northern barn. This topic is discussed in the Application under SECTION 11. TRANSPORTATION FACILITIES AND ROADS SERVING THE PROPERTY. This item in the settlement agreement was cost effective and necessary, when compared to the full bridge built for the same reason for.Cascade Pumice. 9. STATEMENT BY COLW, Page 3: COLW calls the "property"a "hay farm". RESPONSE:The 21.59 acre parcel that was overlooked for cultivation for 68 years because it was not worthwhile, has 16 acres of water rights and no way to deliver water to irrigate it, and that is comprised of rock and soils that are not classified as resource soils, and has not been used to grow any crop for nearly 20 years, and was used sporadically only for 29 years as part of a larger ranch, and that yields hay by the pickup truck loads instead of farm truck loads, and that requires technology and energy inputs over and above that considered acceptable farming practices in this region and excessive fertilization and soil amendments; very frequent irrigation applications pumped from a pond with limited availability; and marginal climatic conditions that restrict cropping alternatives, among other reasons, is not a "hay farm". COLW may be making a misguided attempt to preserve what it imagines is a large parcel of productive prime farm land. Preserving prime farm land is important to everyone. However, you can't make a silk purse out of a sow's ear, the idiom goes. That saying applies well here. Page 21 of 104 Aceti's land never was prime farm land and never will be prime farm land. It does not even meet the definition of agricultural land, as found by the hearings officer and soil scientist. 10. STATEMENT BY COLW, Page 3: Except for the bisection of the property by the new road, the circumstances on and around the subject property remained unchanged, as can be seen by comparing (COLW's) Figure 1, a recent aerial photograph, with (COLW's) Figure 2, a 1995 aerial photograph. There is no visible change in road networks, surrounding land uses, or any other feature. There is no evidence that anything about the land itself, including its soils, have changed: it remains the same land used by successive generations of farmers beginning in 1905 for irrigated agriculture. RESPONSE: Taking the last line first, see the previous detailed Responses #1 and # 2 to the false statement that the parcel has been farmed for irrigated agriculture continuously by generations of farmers since 1905. 1968 is the beginning date of attempts to irrigate and farm this parcel. It was unsuccessfully farmed for a low value crop sporadically for only 29 years. See Responses #1 and #2. Roger Borine described the scraping of the soils on this parcel. The rocky shallow soils and rock flows never were good for farming. Not all of the parcel was ever cleared or cultivated and not all of it has irrigation water rights. The soil was always more shallow than the length of the blades of farming equipment. Soil was scraped in an attempt to allow equipment to cultivate it, but failed. Borine's discussion of this fact is on page 4 of the Soils Report. As described fully in the application section 13, Changes in Circumstances, the following is a summary of the significant changes since 1991. The event in 1991 had the significant effect on the subject site in that it had a domino effect that led to the loss of the ability to deliver irrigation water to the Subject Site when the Barretts sold their property south of the Three Sisters Seventh Day Adventist Christian School called Tax Lot 161227D001100. That happened after Aceti purchased his parcel from the Barretts. FIGURE 19. SUMMARY OF KEY IMPACTS AND CHANGE IN CIRCUMSTANCES TO SUBJECT PARCELS BY DATE 1991 to 2014, Bruce Barrett and Anthony J. Aceti Ownership DATE PARTY Issue Acreage 1 Feb. 15, 1991 Barrett to ODOT Sale of 35-feet of Loss of 1.18 acres Recorded on land on the west March 22, 1991 side of the state right-of-way to widen Highway 97. Loss of 75%of the size of the "Lawrence" Irrigation Pond south of the subject site, the source of irrigation water for the subject site. ODOT pays for a new pond on Half Page 22 of 104 Mile Lane, the "Barrett" Pond. 2 April 10, 1995 Aceti to Barrett 40-foot easement Loss of use of 1.23 along western acres property line for egress and ingress to tax lot 161227D 001100 3 April 1995 Deschutes County to Approval of Barn constructed in Aceti application to build 1995. a 20,000 square foot barn on NW corner of property. _ 4 1996 Deschutes County to Approval of permit Second barn could Aceti 247-AG 9670 to not be built in build a second selected and barn on property in approved location location of and has not been proposed built. Reserved right overpass. Barn to build it in a was to be 100 x different location. 200 feet/30 feet tall. 5 Nov 6, 1997 CU-97-72/SP-97-49 Conditions of Loss of use of land in approval included new 20-foot wide requirements that easement for length took land out of of property for 12- farming, changed inch water line and the internal shape fire hydrants. of the farm parcel Loss of farmable land and reduced for acreage needed farming efficiency to maneuver fire by designating apparatus. acreage for customer parking and loading and a designated place to maneuver and store equipment. 6 Circa 1998 County changes Approximately 6 zoning of Cascade acres on east of Pumice from EFU to US Highway 97 RI 7 June 6, 1998 Aceti to Deschutes 15 feet of right-of- Loss of 0.34 acre County way dedication for Tumalo Place along northerly property line for 997.75 feet 8 1998 Loss of ability to have a farm dwelling due to reduced parcel size. 9 1998 New transportation Dramatically system across and increased traffic around parcels. volumes and noise. Page 23 of 104 10 1998 Construction of New Loss of scenic view Overpass at with overpass Deschutes Junction approach bisecting property 11 July 6, 1998 Seventh-Day Remnant land at Increase of 1.32 acre Adventists to ODOT northwest corner of Creation of new to Aceti parcel in NW corner, identified as 161227D000104. 12 July 23, 1998 Aceti to ODOT Land for Right of Loss of 2.33 acres Way for new and loss of water Overpass rights to that acreage. 13 December 5, 1998 ODOT Completed construction of new overpass across Aceti Property. 14 1998 Construction of Changed northern Net 0.96 increase Tumalo Place boundary of resulted in a new`T" property, created a Vehicles run though intersection at left turn lane into his fence into the Tumalo Place and subject property, corner and gates Tumalo Road and reduced size of near the barn.The new on and off 161226C000201 abrupt on and off ramps at the parcel by 0.34 ramps at Tumalo highway. acre, size, added Place and the 1.32 acre new lot highway results in 161227D000104. many vehicles The design created running through the future capacity and Aceti fence to his safety problems at property at the the new northeast corner. intersection. 15 1999 to present Overpass has Prevailing winds blow brought in noxious weed seeds from weeds to Aceti travelers using property. overpass to take loads to Deschutes Property damage County Landfill. to fences due to There were no new roadways. noxious weeds prior to the overpass and Added trash and the south side trespassing due to remains noxious exposure for all weed free. Aceti new roadways. needs to regularly spray weeds on north portion of his property. 16 1999 Commuters Accidents decrease between Redmond at Deschutes and jobs at Bend Junction and Airport, St. Charles increase at Gift Hospital and The Road. Pleasant Forum Mall and Ridge Road trucks bypassing intersection with Page 24 of 104 Bend Parkway use Highway 97. Pleasant Ridge Road instead of Deschutes Junction Overpass 17 1999 Deschutes County to Conditional Aceti Approval of Conditional Use Permit for Processing of Hay on site. • 18 1999 Deschutes County to Approval to add Aceti 3,460 square foot office and loading dock to existing barn 19 December 27, County Aceti Unrestricted use 2000 easements for Book 2001, page egress and ingress 3070 through underpass. 20 May 4, 2001 Aceti to ODOT Land for south Loss of 0.05 acre bound Turn Lane from US Highway 97 Right-of-Way 21 May 4, 2001 Aceti to ODOT Land for south Loss of 0.04 acres bound on ramp to US Highway 97 Right-of-Way 22 2001 Private Contractor Constructed 12- Creation of 20-foot (Waldron and Sons, inch water line for easement and loss of Inc.) hired by Aceti 1341 feet from the ability to use the land costing northern property in the easement. approximately line at Tumalo Loss of use of $35,000 Road to the southern Property line and installation of two fire hydrants. 23 March 5, 2002 Aceti to Avion 20-foot wide Loss of use of 0.62 easement 1341 acre feet north-south through property for Avion to maintain a 12-inch wide domestic water line. 24 2008 4 R Equipment LLC, Increased large Increased noise Robinson, locates to truck use of Deschutes Junction interchange and on east side of intersection Highway 97 25 2011 Completion of Phase ODOT and County Traffic now uses II of Overpass Close Intersection Deschutes Junction connection to of Pleasant Ridge Overpass resulting in Deschutes Market Road and Highway increased traffic Road. 97 volumes during daily Page 25 of 104 commutes. 26 Aug 6, 2012 County Comp Plan Page 144 of 268 Frontage road would Ordinance 2012-005, adds Deschutes be on the west side Appendix"C" Junction Frontage of Highway 97, north Road and/or of Aceti's property Interchange and connect into the _ upgrade to TSP current interchange. 27 20125 County rezones West of canal and Robinson property east of Highway from EFU to RI 97, adjacent PA 97-9/ZC-98 property to Aceti's property 28 2015 County PA 14-2 and Rezone of adjacent 9.05 acre property ZC 14-2 rezones parcel to east, 2.67 directly on east side 161226C000107 Acres from EFU- of Aceti's property is TRB to RI now zoned Rural Industrial. As Figure 19 shows, there were numerous significant changes to the size and shape of the property and to the transportation network and traffic volumes during the past 20 years. On pages 26, 27 and 28, the Hearing Officer in her September 30, 2015 decision lists 25 changes in circumstances. They are copied as follows: "1. The average parcel size within a mile of the subject property has been reduced from 80 acres to 5 acres. 2. Deschutes County GIS Analyst Programmer Tim Berg.states, "In the "Deschutes Junction Vicinity there are 1,756 platted lots; 339 buildable lots which was a 20% increase in two years; 9 lots built-out for industrial and commercial uses; 1,417 residential built-out lots; and there are five different zones in the vicinity." More residential lots and rural subdivisions with lots to less than 1/4 acre in size are within two miles. 3. The adjacent parcel 161226C000107 was rezoned Rural Industrial in 2014. 4. A portion of Nichols Market Road, now called Tumalo Place, has been realigned and reconstructed as on and off ramps to the south-bound US Highway 97. Its realignment required the "taking" of land from the Applicant, reducing his parcel size and adding traffic adjacent to his property. The southern right-of-way of Tumalo Place forms the northern property line of the Applicant's property. The Applicant's property was "dog-eared" at the south-bound on-ramp. 5. Aceti's Hay Depot business is the last commercial agricultural business that provides the primary income for the owner in the vicinity. Due to changes in the hay market, the reduction in livestock being raised in the county and the reduction in parcel sizes throughout the area, the business is no longer viable. The area is shifting to a tourism/retirement based business. 6. The Deschutes Junction US Highway 97 Overpass western approach was constructed across the Applicant's land, bisecting it into two irregularly shaped portions, that made irrigation impossible and farming more difficult. 7. No longer can anyone see across the overpass approach from one side of the parcel to the other. Page 26 of 104 8. The land has not been irrigated since the overpass was constructed and cut through the established irrigation system. 9. The overpass construction reduced the parcel size and thereby removed the owner's ability to qualify for a farm dwelling. 10. Three paved dedicated turn lanes and three 120 foot long driveways that accommodate hay trucks were constructed into the parcel from the new roads. One entrance is from Tumalo Place and two entrances are from Tumalo Road. 11. To partially address the lack of connectivity between the newly created northern and southern portions of the parcel, a 16 x 16-foot concrete tunnel was designed and constructed through the underpass approach for trucks, farm vehicles and livestock. 12. On January 22, 2001, an "unrestricted use easement", water line easement and an underground utility easement were granted by Deschutes County to Aceti in perpetuity for future development. 13. Aceti paid for a new 12-inch-diameter Avion domestic water line to be brought from Tumalo Place through his land to the southern property line. He installed two fire hydrants, one in each portion of the parcel. 14. Tax lot 161227D000104 was created with remnant land at the end of the on and off ramp and overpass construction. It was deeded to the Applicant as a partial settlement for land lost to the new road right-of-ways. The lot allows for turn around and backing space to trucks to use his loading docks on the storage building. 15. The 1991 widening of US Highway 97 from two to four lanes took land from the subject parcel. It cut off the historic source of irrigation water from the Pilot Butte Canal and took 2/3 of the historic irrigation pond. 16. Aceti in 2003 attempted to build a new irrigation pond near the high point on his property. Using heavy equipment to dig it, the crews hit solid rock between the surface and four feet down. The attempt failed. During that process, the bulldozers dug about eight inches until they hit a solid lava flow slab. The meager soil was scraped and pushed up to form the brim of the pond, in order to create some depth to it. The applicant imported bentonite (an absorptive clay used as a sealant or filler) to make the base impermeable. But the shattered lava flow could not be sealed, and the process was abandoned. 17. The new overpass, the new south-bound on and off ramps to US Highway 97 and the reconfiguration of Tumalo Road, Deschutes Market Road and Pleasant Ridge Road and the changes in the irrigation water access points have resulted in an un-farmable property because of its lack of irrigation water, location, size, configuration and soils. In 1996 ODOT requested mitigation for the loss of the irrigation system and secured a proposal from Thompson Pump and Irrigation. The Thompson Pump and Irrigation letter is Figure 17. 18. Aceti purchased and installed a water pump to draw water from the irrigation pond on Half Mile Road, filled with Swalley Irrigation System water. With cooperation from the owners of tax lot 161227D001100, the Applicant shared the water pipes on the neighboring property. Page 27 of 104 However, the current owners who are associated with the Seventh Day Adventist Church do not farm and do not use the irrigation system. They plan to use the 30 acres for recreational uses for the present school on the adjacent property, tax lot 161227D000100. Even with all the money spent and the effort made, due to the overpass, it is infeasible to irrigate the northern portion and therefore grow a crop on the northern portion of his property. 19. Rural and urban density residential subdivisions and commercial and industrial development in the area have resulted in a parcel that is nearly impossible to farm and irrevocably committed to urbanization. That action began with the platting of Centralo in 1911 and continues today. No parcel within a half mile of the subject site is being commercially farmed today. 20. The new Swalley Hydroelectric plant is south of Deschutes Junction, on the west side of US Highway 97. When the Applicant tried unsuccessfully to use his 19 acres of irrigation water rights, he put the water back into the Deschutes River through the Deschutes River Conservancy's In-Stream Leasing program. His annual Swalley Irrigation District bill dropped from $1000 per year to $300 per year. However, Swalley then piped much of its canal and constructed a hydroelectric plant upstream from the subject property. Swalley rescinded his annual in-stream lease because the irrigation water was needed to turn the turbine. His bill returned to $1000 annually, even though he is not using the water and agreed to in-stream leasing. Swalley's new in-stream leasing policies only allow Aceti to lease the water to the Deschutes River Conservancy's in-stream leasing program once every five years, but the$1000 per year assessment fees continue, even though he is not using the water. (See Figure 18.)" 21. Commercial, industrial, wholesale, and retail businesses now surround the property on its northern and eastern side and a school is on the western side. No one farms the 4 acre parcel with a rental house on the ridge at the southern end of his property. 22. ODOT and the County have been discussing and circulating designs to eliminate the unsafe intersection of US Highway 97 and Gift Road. The current proposed solution is to eliminate the intersection entirely and direct traffic to a new road paralleling the west side of the highway south to Tumalo Place, ending at the northern property line of the subject property. 23. ODOT and the County are circulating designs and discussing a diamond interchange at Deschutes Junction that will either be on the Applicant's property or just north of it. 24. The flowing table summarizes changes to the subject property and adjacent property since 1991." 25. On November 6, 1997 Hearings Officer Karen Green signed a conditional approval of a conditional use permit for the subject parcel. Many of her 31/2 pages of conditions were urban in nature, adding to the urbanization of the parcel. They interfered with the ability of the Applicant to farm, took land out of the farm, and increased overhead so much that the hay farming. operation became infeasible. The Applicant made many fire safety improvements. Many of them such as the "fire apparatus access roads"took more land out of farming. The most expensive was that he paid to bring the 12-inch diameter Avion water line from Tumalo Place into the property and the ditch was dug through the rock and the pipe was put in for the entire length of the property, north to south. This created a twenty-foot wide easement that could not be farmed or developed. Then he paid to install two fire hydrants surrounded by bollards, one on the northern portion and one at the southern end of the parcel. At that time, there only was one parcel, 161226C000201. The smaller parcel of remnant land from the road projects had not been created. How many farms in Deschutes County have 12-inch domestic water lines or two Page 28 of 104 fire hydrants on them? How many farmers have been required to make these urban types of improvements on EFU zoned land in order to store and sell hay?" 11. STATEMENT BY COLW, Page 3: "As Figures 1 and 2 show, the surrounding lands are indistinguishable now from what they were in 1995 with the sole exception of the new road." RESPONSE: It is not clear what COLW mean by "new road". Is COLW only noticing one difference in a 20-year period that brought dozens of significant changes? Among other things that are obvious differences between the two photos that are observed in COLW's Figure 2, the visible differences include: • Tumalo Place, a new road, was created, took land from Aceti's parcel and is a newly named road. • Tumalo Road was significantly realigned and crossed the subject parcel at an angle. . • Deschutes Market Road was realigned and it was ended west of the railroad tracks. • The new on and off ramps on both the west and east sides of US Highway 97 were constructed. • The Deschutes Market Overpass itself and its approaches and bridges and culverts were constructed. • The extension of 19th Street was constructed to the newly realigned Deschutes Market Road. • The entrance to the Three Sisters Seventh Day Adventist Christian School was moved. • The school was expanded and new buildings were added. Soccer fields are constructed and irrigated. • A new tax lot of 1.33 acres that was created from school land was transferred to Aceti when it ended up on the north side of Tumalo Road and was of no use to the school and is now used for trucks loading at his barn. • Aceti's barn is built. • Three new turn lanes and access roads to Aceti's property area clearly apparent. • Aceti's property has new fencing along the new roads. • The irrigation wheel line on the subject property is not in the later photo. • The new forth pond paid for by ODOT for the Barretts at Half Mile Lane is apparent, but empty • Aceti's new display area on the rock shelf in his northeast corner is visible in Figure 2. • His attempt at a new irrigation pond on his property is evident. • Hundreds of houses were built during the housing boom in subdivisions in the immediate area. • 161227 D Tax lot 1100 is no longer cultivated or irrigated in Figure 2. • 161226C tax Lot 200 is barren and unirrigated. In Figure 2. • The subject parcel is barren and unirrigated in Figure 2. • 78th Street has a new connection to the newly realigned Tumalo Road in Figure 2. • A new entrance was created into the Fagan Property immediately north of the subject property. Page 29 of 104 12. STATEMENT BY COLW, Page 4: "As we explain in detail below, the subject farm is unchanged from 1997 and 2002 with respect to suitability for farm or agricultural use. We urge the Board to find, as the County's hearings officers did in both 1997 and 2002, that the entire property, connected as it is through the expensive box culvert, is agriculture "The subject property is suitable for farm used based on the seven factors of OAR 660-033- 0020:soil fertility;suitability for grazing; climatic conditions; existing and future availability of water for farm irrigation purposes; existing land use patterns; technological and energy inputs required;and accepted farming practices" RESPONSE: COLW again is harping on a personal evaluation of the 1997 Settlement Agreement between Aceti, the Barrett Brothers and County BOCC. Again, COLW's evaluation of the box culvert as "expensive" is not appropriate or accurate or relevant to this case. As discussed in detail earlier, the parcel never was in "continued use"for irrigated hay production before or after Aceti bought it. The description is simply not accurate. Additionally, it is inappropriate to go back to case files of old land use cases to determine the suitability of soils for agriculture when a better and more thorough soils analysis is in the current Application. Roger Borine, CPSC, CPSS, PWS, of Sage West, LLC submitted a 46-page, detailed, professional "Agricultural Soils Capability Assessment"for this Application that was accepted by the.Hearings.Officer., The BOCC accepted his soils analysis for the DSL plan amendment and zone change and many other cases and has found his work to be accurate and professional. His study concludes that the property is not composed predominately of agricultural soils. The hearings Officer discusses the soils at length in the decision on this case in pages 3, 4, 10-13, 36-47. The hearings officer concludes on page 47, "Based on the foregoing findings and conclusions, the Hearings Officer finds that the applicant has demonstrated that the subject property does not constitute "agricultural land"as defined in Goal 3 and OAR 660-033-0020. Accordingly, I find that no exception to Goal 3 is required for the applicant's proposed plan amendment and zone change from EFU to RI." On page 44, the Hearings Officer concludes, "Substantial evidence in the record shows that the subject property does not constitute "agricultural land"under the Goal 3 Administrative Rule factors first because it is comprised of classes VI and VII soils, and second, based on a consideration (of) each of (the) following factors, addressed by the Borine Report:soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm irrigation 0 purposes, existing land use patterns, technological and energy inputs required, and accepted farming practices." The Hearings Officer also discussed at length the oral and written testimony presented on irrigation that she considered in her decision. COLW continues to reach the wrong assumptions about irrigation as discussed in responses # 1, 2 and 4. Although COLW does not mention the Application that is before the decision makers in this case, it mentions different cases from a different time. The situation can change and did change, in addition to the new roads and realignment of roads. Page 30 of 104 The current application consists of a 330 page Burden of Proof, a video of surrounding uses, a supplemental document exclusively on the topic of irrigation, and large maps. The Application is full of updated research, updated information, primary records, deeds, letters, maps, photos and other factual information. The information provided by the current Application is ignored by COLW and it uses applications for different purposes from 13 and 18 years ago. An example of how things changed is that the Barretts had not sold tax lot 161227D001100 yet. While they owned the neighboring parcels, they appeared to be willing to share their irrigation water delivery system across their property. The lack of an easement across their land had not been a problem. The lack of an easement to deliver the irrigation water from the Barrett Pond on Half Mile Lane to the subject site was not apparent in 1997. It only surfaced after the Barretts sold the neighboring land. 13. STATEMENT BY COLW, Page 4: COLW's incorrect statements about soil types, classes, fertility and suitability for grazing are addressed by Roger Borine. Roger Borine's responses follow. Page 31 of 104 Sage West, LLC Roger Borine, CPSS, CPSC,PWS Soils, Wetlands, Wildlife Habitat(541)610-2457 64770 Melinda Court rborine®bendbroadband.com Bend, OR 97701 December 1, 2015 Deschutes County Commissioners 117 Lafayette Avenue Bend, OR 97701 Re: Aceti : 247-14-000456-ZC,247-14-000457-PA This letter provides rebuttal to submittals, including written testimony from Central Oregon Land Watch (COLW), regarding the Aceti land use application. In particular,this letter addresses issues raised by COLW regarding the Agricultural Soil Capability Assessment(Soils Report) dated May 8, 2012 that I completed. I submit this letter on behalf of Tony Aceti; however,the conclusions in this letter represent my best professional judgment and scientific evaluation of the issues addressed. My education and experience that qualifies me to conduct this assessment and response follows: /. Background and Experience for Roger Borine O B.S.,Soil Science; Oregon State University, Corvallis,Oregon (1973) O Soil Science Institute; Iowa State University,Ames, Iowa (1984) 0 Certifications: Certified Professional Soil Classifier(#24918), Certified Professional Soil Scientist (#24918), Professional Wetland Scientist(#1707) USDA NRCS-Oregon (30 yrs): 17 A Soil Scientist for 23 years followed by 7 years as the State Habitat Biologist. El Experience includes identification, inventory and mapping of soils throughout Oregon. I was the primary author of Josephine,Jackson and Sherman County soil surveys. D Served on two working groups that developed the Arid West and Western Mountains, Valleys, and Coast regional supplements to the ACOE 1987 Wetlands Delineation Manual. Cl NRCS National Instructor for Remote Sensing-Aerial Photography. Sage West, LLC(2007-present): 121 Natural resource consulting for soil survey, soil interpretations, wetlands,wildlife habitat and natural resource planning. 17 Personally completed over sixty on-site soil assessments and twenty wetland determinations throughout eastern Oregon. II.Agricultural Land The Agricultural Soil Capability Assessment(Soils Report) dated May 8, 2012 is part of the record. It concludes: "The inventory and analysis of this parcel in T165, R12E,Section 26 tax lot 201 and Section 27 tax lot 104 determined that approximately 80%(17.2 acres)is Land Capability Class 7 and 8 soils; and 20%(4.3 acres)is Land Capability Class 3-6 soils. The parcel as defined is not predominantly Agricultural Land. Page 32 of 104 Further, together with the LCC soil ratings as non-agricultural soils, the determination of suitability for farm use is "generally unsuitable"for the production of farm crops, livestock or merchantable tree species based upon low fertility, limited soil depth for cultivation and ability to store and hold water, lack of forage production for livestock grazing, limited length of growing season and high levels of energy input with limited outcome." This soils assessment was conducted using the USDA National Cooperative Soil Survey policies and procedures that include guidance from the National Soil Survey Handbook, Soil Survey Manual, Upper Deschutes River Area Soil Survey, and Web Soil Survey. The Soils Report provides and documents more detailed data on the extent of agricultural land as defined in Oregon Administrative Rules(OAR) 660-033 Agricultural Land for this parcel.This more intensive soil investigation and interpretation must stand on its own merit. DLCD's review deemed it complete and did not select it for further review or evaluation by a contracted Soils Professional based on the Departments criteria and past performance of Sage West, LLC. (OAR 660-033-0045(6)(a). COLW states that the Soils Report cannot challenge the NRCS soil capability classification on the property because the Soil Report did not establish that NRCS data for the site are inaccurate. Response:The following is from the Soils Report that states on page 3, paragraph 2 and justifies the reasoning for conducting an Order 1 soil survey to more accurately define soils on this parcel. "...The NRCS soil survey(Order 2 and 3) at the landscape level was reviewed and determined to be predominantly accurate.The soil/landscape relationships were accurate. Soil boundary placements were general.At this Order 2 and 3 level of mapping, miscellaneous land types were not mapped or identified as inclusions. In addition,original placement of soil boundary lines by field soil scientists on aerial photos are often modified and straightened during the map digitizing process. The three NRCS soil mapping units occurring in this study area were reviewed at the landscape level throughout their extent.All have contrasting inclusions listed in their map unit descriptions that may exceed the size of this study area.The initial on-site inventory showed a high percentage of contrasting shallow soils and miscellaneous areas in the 36A-Deskamp loamy sand, 0-3%slopes map unit.This map unit is approximately 76%of the study area.If this area is predominately shallow and very shallow soils and miscellaneous areas the study area may be predominantly non-agricultural soils. Soil Surveys seldom contain detailed site specific information and are not designed to be used as primary regulatory tools in permitting or siting decisions, but may be used as reference sources. NRCS maps soils at the landscape level. Land use issues in Oregon are addressed by tax lots. Consequently, NRCS soil maps may be perfectly correct at the landscape level while a tax lot may be in part or entirely a contrasting inclusion." Page 33 of 104 COLW states all soils on these parcels are agricultural lands and none are Land Capability Class (LCC) 7 or 8. Response: COLW references soils data that is outside DLCD stated policy(660-033-0030)that requires more detailed soils data be related to the NRCS land capability classification system and the more detailed soils information must be from the Web Soil Survey. COLW's Attachment 5 is the Upper Deschutes Hydrologic Unit Profile and states in its disclaimer: "All data is provided "as is."There are no warranties, express or implied, including the warranty of fitness for a particular purpose, accompanying this document. Use for general purposes only." Attachment 5 data was not derived from the Web Soil Survey nor intended for detailed land use planning purposes. COLW's Figures 8 and 9 from the Web Soil Survey shows "Warning:Soil Ratings may not be valid at this scale."Figures 8 and 9 are from the Web Soil Survey but scaled to a level that makes it less accurate than was intended at the scale of field mapping. COLW inaccurately interprets and portrays soils information in a manner that deems it questionable. This manipulation of soils information further validates the need for a sound and scientifically based soils assessment designed for regulatory purposes as is in the Aceti Soils Report. Ill. Suitability for Farm Use COLW argues soil fertility on pages 5-7 without addressing the topic of soil fertility as it relates to suitability. Response:The Soils Report addresses soil fertility on page 6 and states: "Two soil samples,from data plots#10 and#42, were collected and analyzed byAgri-Check, Inc. Organic matter for these sites is extremely low to non-measurable and clay content is less than five percent, resulting in a very low Cation Exchange Capacity(CEC); the higher the CEC the better. The CEC is important because it provides a reservoir of nutrients for plant uptake. Both sample sites have low levels of nitrogen, phosphorus,potassium, and sulfur. High levels of fertilization are required for a grass crop to be produced. Without an ability of the soil to attract and absorb nutrients(low CEC)they are readily leached out of the soil by irrigation and precipitation thus becoming unavailable for plant use and lost into the surface and ground water. Presently, the pH(acidity/basicity)of soils is adequate, but soils with a low CEC can quickly be reduced by additions of nitrogen and sulfur fertilizers, also making nutrients unavailable to plants. To maintain a minimum level of essential nutrients for proper crop growth continual applications of very high rates of fertilizer and soil amendments are required. Without these yearly inputs,soils are non- productive and infertile." Page 34 of 104 COLW argues Suitability for Grazing on page 7 without providing any evidence that there is grazing or the potential for grazing by livestock. Response:The Soils Report addresses suitability for grazing on page 6 and states: "Landscape and soil characteristics determine the suitability for grazing livestock. Limitations that are recognized on this site include the cold climate and soil temperatures that delay growth of forage and shorten the growing season; reestablishment of the native vegetation is likely impossible due to the pumice ash surface layer and past land alterations; restricted depth limits seeding only to drought tolerant species, and rock outcrop limits the areas suitable for grazing." COLW provides no argument on the Soils Report regarding Technological and Energy Inputs required and accepted farming practices and is provided to further support a determination of"unsuitability for farm use". "Accepted farming practices in central Oregon to raise forage crops generally require and include a relatively flat to gently sloping parcel that has a moderately deep soil with readily available irrigation water in adequate amounts. Irrigation begins in April and ends in October.The site will produce 2 to 3 cuttings of hay or continuous rotational grazing by livestock. Fertilization is required to sustain the plants and produce a high quality crop. This parcel requires technology and energy inputs over and above that considered acceptable farming practices in this region. Excessive fertilization and soil amendments;very frequent irrigation applications pumped from a pond with limited availability; and marginal climatic conditions restrict cropping alternatives." Please accept my responses to the COLW comments.As always, if there are any questions or clarifications needed I will gladly provide. Regards, Roger Borine CPSS,CPSC, PWS More detailed soil data to define agricultural land may be utilized by local governments if such data permit achievement of this goal. 14. STATEMENT BY COLW, Page 8: "The applicant must have had an easement from the Deschutes Lateral during the 1996-1997 negotiations, when Gary Barrett stated that he and the applicant had made extensive improvements in the property for the express purpose of producing quality forage. Gary Barrett, along with the applicant, signed the Settlement Agreement with the Deschutes County Board of Commissioners. Because the applicant clearly had an easement for such water delivery in 1996 and 1997 when the entire property was irrigated from the Deschutes Lateral, such an easement is possible. According to the Hearings Officer's decision in the present case, a 1996 aerial in the record shows the property was irrigated in 1996. According to a 1997 Hearings Officer decision quoted in the 2002 HO Decision, in 1997 the north and south portions of the property were currently irrigated and in hay production. Therefore the applicant must have had an easement for irrigation since the time the applicant acquired the property in 1995." Page 35 of 104 RESPONSE: COLW's assumptions are incorrect. Easements are recorded with the county clerk and easements that exist at the time a parcel is sold are usually part of deeds of sale, saying this sale is subject to the specific easements. There is no recorded easements for the delivery of irrigation water. COLWs statement that there must have had an easement is only wishful thinking and wishing does not make it so. There was no easement and there is no easement in the 1995 Barrett to Aceti deed (EXHIBIT 9. DEED TO TAX LOT 161226C000201, 5 PAGES) for delivery of irrigation water to the subject site. That fact is verified by letters from Swalley ID , by the letter to ODOT from Thompson Pipe and Irrigation and other sources in the Application and included in this response. At the time Aceti bought his land, the Barretts had not farmed in a few years. The Lawrences owned and continue to own the 4.15 acre parcel south of the subject site which has about two acres of irrigation rights. It had the historic shared irrigation pond that irrigated the Lawrence's property and the George Barrett Ranch. It was reduced to 25%of its size by the Highway 97 widening project in 1991/92. What remains of the pond is about 650 feet south of the subject site. The Lawrences do not irrigate or farm their small parcel and rent out the house. To mitigate for the loss of the old irrigation pond that was fed with irrigation water delivered by SID through a pipe on the spine ridge, ODOT paid for a new pond on Half Mile Lane on the corner of Barrett's parcel. The Barretts owned the 30.45 acre parcel where the new irrigation pond is located on Half Mile Lane, 1,230 feet west of the subject property. The Barretts could irrigate their 30.45 acre parcel, the subject site that they still owned and Lawrences two parcels from the new pond and the new irrigation pipes if they chose to do so, all at the same time. That is how the pressurized system was supposed to work. The Barretts still owned the subject site at that time. The water was delivered in a pressurized pipe across the parcels between the pond and the subject site, the 30.45 acre parcel, 161227D001100 owned at the time by the Barretts and 161227D001200 owned by the Lawrences, in order to reach the southwest corner of the subject parcel. The pond was paid for by ODOT in 1991/1992 to serve land owned by both the Barretts and the Lawrences as mitigation for the reduction in the old pond due to widening the highway to four lanes. It was dug on Half Mile Lane. The old pond was next to the US Highway 97 and south of the rock spine on tax lot 161226C00200, owned by the Lawrences. Sharing the pond and pipes was not a problem when the Barretts owned the 30.45 acre tax lot 161227D001100 and the subject parcel. But, when they sold the subject parcel to Aceti, they did not include an easement across their parcel and a conversation with Thompson Pump showed that was not an oversight. After the overpass project was completed, the Barretts sold the 30.45 acre parcel where the new pond it located, 161227D001100, and tax lot 1300 with 7.60 acres to East Slope Investments LLC. The 30.45 acre parcel is key to the delivery and operation of the irrigation system. Ownership of the properties were transferred for zero dollars to Rymilaka LLC, a related business associate, on June 7, 2007. The parcels are not farmed or irrigated. The land is fallow, awaiting a future school use. The East Slope pond is empty except when it received overflow from the pond next to it, the Twigg Pond. Page 36 of 104 The Lawrences and Rymilaka do not irrigate or farm their parcels. To follow the chain of events that started in 1991, the following narrative previously in the record is offered. EXHIBIT 26 •i, -w,r7,-.f....-7-1,,,.,".f' r';fyl7F`L.:lr.'T.'h i, r f ,�.yy�wry� a R'a, r�s I - a°%� wa• .. L•Lv� a ) «� ,�' r A Y S"« s f #ties w� �. T 4" . �Za { 1 r t +F "� .ti y•- wl H4" .„Yr 7v itr ylr'a 'E°4' rF ,: 4....;,:-.s A k T�.',�+^ '.i. a "47,4 "✓' .. t •",iiI % ,,'`W, i`�..ri"»I, 's}” t`r,k,, ... .:4 ",p. p ;.� r r [�yrroC.1.Q�i,--,N „"C'"Y. r Y �P7�_ r° d •�r!`"rl wt:.g4j.�—# �� w.9~'y yt gyp„ � .' .,�yw }+ w rn.r� ,r•-� .. '1F p�. 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L f J H wl y j 9 �• " "tK.- g k 4� .a. `�yy i` '�^v�v�: ?r v�' 3,�e�,C " �j '� n ."-". �7`! Ltf p'� �'�' ': 'H.w.f., k �•.. �_,y.�..1 ,�� grt�y"y� l t t " r ,�" 51 } c! � yp' � ""� "' .. dJAte'ry i'. rr '. 1r`"-,]n.* .�° �•. .°wa'� :i '^`a,• '4:'I"" d„.t,C2: � ,?^i-�•"'•YA ,'.Sr 2014 photo shows the rock spine, farmer irrigation pond by Highway 97 just south of the rock spine and the four irrigation ponds at Half Mile Lane. The newest pond is in the southeast corner of the grouping and is not full of water. Page 37 of 104 The deed for widening Highway 97 had a major impact on the ability to irrigate the Subject Property. On February 15, 1991, Bruce and Gary Barrett sold 1.18 acre to ODOT to widen US Highway 97 to four lanes. 24.02 acres remained in the Subject Site. They also sold land on the eastern edge of tax lot 161227D001300 and the Lawrences sold part of 161226C000200. The deed granted the right of ODOT to construct or otherwise provide at any future time a public frontage road or roads with the ability of the property owner to apply for a permit to access the frontage roads. The widening project also cut through the irrigation pond next to the highway, reducing it by 75% and making it inoperable. The 2014 photo below is of the Lawrence House and what remains of the irrigation pond, filled with cattails. y 6 d XAy M w we.a.:lt <� „. Ar Y.hhy'. : wd , • • r4exK yfr{F S yr. a iA fir, H d � 4 Because the widening project caused the irrigation system to become inoperable, ODOT paid to have a new ditch from the Swalley Deschutes Lateral and a new pond dug along Half Mile Lane, on the NW corner of tax lot 161227D001100, owned by the Barretts at the time. It consisted of a new narrow, shallow ditch paralleling and about 15 feet east of the historic ditch and a new pond. Aceti helped pay for a new electrical pump in 1996 when the Barretts irrigated his property. There was 1/4 mile of aluminum main line that fed the wheel lines that irrigated five parcels owned by the Barretts and the Lawrence's. The system is a quarter mile from the southwest corner of the Subject Property and is separated from it also by the small Lawrence's parcel, 161227 tax lot 1200. The Barretts owned the 30.45-acre property between the pond and the Subject Parcel, but did not own the strip called tax lot 1200 owned by the Lawrence's. Any pipe or ditch to the Subject Parcel would have to cross tax lots 1200 and 1100. The Barretts sold the Subject Property to Aceti in 1995. No easement or written agreement between the three property owners was included in the deed to irrigate Aceti's property. He has no easement or right to use either tax lot 1100 or 1200 or the equipment for the delivery of irrigation water to his property, the Subject Property, 161226C tax lot 201. Through a gentlemen's agreement with the Barretts in 1996, Aceti shared costs of the pump and shared his farming equipment and the Barretts irrigated a crop on the Subject Site that failed. After that, Aceti saved his water right by keeping the irrigation water in the Deschutes River through entering into an agreement with Swalley Irrigation District to in-stream lease his water. Page 38 of 104 The situation was complicated further when on September 16, 2005, the Barretts sold the 30.45 acre parcel (tax lot 1100) and the 7.60 acre parcel (tax lot 1300) to a group called East Slope Investments LLC, a group that is affiliated with the Three Sisters Adventist Christian School. They do not farm the land, have no plans to farm it and bought it to expand the outdoor and athletic facilities for the school. The irrigation pond and irrigation ditch on Half Mile Lane that were created in 1992 have not been filled for the last ten years. An inspection on June 6, 2015 showed the ditch is dry and no irrigation water is flowing from the Deschutes Lateral into the new ditch or new pond. The water in the pond in July 2015 is backflow from overfilling the Twigg pond with the older ditch. Rymilaka LLC now owns the pond and the pump in the pump house and the 1/4 mile long mainline irrigation pipes but does not use any of them. In order for Aceti to irrigate his land from the pond, if he could get a written agreement with the two landowners, he would have to install a new electrical panel, a new pump and 1/4 mile of new mainline pipes across both the Rymilaka LLC property and the Lawrence property to his property. A cost-benefit analyses would have to be completed, estimates of costs would need to be secured, and written easements with both Rymilaka LLC and Lawrence would need to be purchased and filed with the county clerk before such an expenditure is possible. Aceti has spoken with Rymilaka several times, and the easement is out of the question. Even if it were possible, the cost would be prohibitive. Nearly 20 years ago, before he had experienced the unfarmable shallow soil and rock on his newly purchased property, during the negotiations with ODOT for the overpass, Aceti explored his options. Of course, all of the cost estimates would be higher today, 20 years later. It makes no sense to pursue the matter further. No one around his parcel farms any more. The following June 6, 2015 photo (repeated from the record) shows two ditches on the east side of Half Mile Lane. The ditch near the dirt road is the historic ditch. The ditch on the right (east) is the 1991/1992 ditch from Swalley's Deschutes Lateral that was paid for by ODOT to irrigate the Barrett's and Lawrence's land. It has been dry for over ten years. n ,gyp. r• +w/r • A: v wN �� '; AN A" M 1 d Sul 'N alp `" ' p ° h� ' 51y �' q ' a t i 4 � f s. ✓r i p q d { °� [..: a,°;;;ei M �r 9yy{4 Jrs,-wry A 4 "f AA 4:4 11� gv �.r;9k r P �° ., d1l�a?F ' g+ ; ` F w«* x a t .ter r,, tl 4 1.�?" W.,,. .� r ;:a�,r u,.!^?4R'�r�. r. ... ,,� y °.,� 1'agc 39 of 104 The following June 6, 2015 photo shows the Twigs (tax lot 161227D00200) irrigation pond which is full on the left (north). The Twigs property had been used as horse racing track. The nearly empty 1992 pond on the right is on the 30.45 acre tax lot 161227D01000 that formerly owned by the Barretts, but is now owned by Rymilaka LLC". It is receiving overflow water from the Twigg pond. Neighbors also refer to the 1992 pond as the "East Slope Pond". When the Twigg property is not irrigated, their pond floods and overflows. Photo is repeated from the record. yy tiny. x f b aryl . b ;x t � 4 J:� r y j » $11. • �a a 'd "- 6v �,g�'�P^✓� T k N a�"' ' �^,•1'a� •, "w'.r re_°Cr. �, 45-k!«dd'iv"cmS"f�717.�P.:' y"wm K ✓:: ja, i r r S '�? tr %"d �, Poa 1 . :g � !X � .... ;; v'� x ! +rt e �f f e,G WrM^3,�� "� ...�t•a„ s�-+ "l.,� ��° &r e CrS:' 'a „ ,„, • yr'. .N d*P” v✓ 18 ti r a s m S t. d I � ys� i 1 dad"Y d4 'y .` ° � jC � C i°�t �^ - }. � � ✓f r 1 ay �+.aS a -r "r 4 k a, �nr�"r� 3✓'T y ? i '� w ', � " „,"k� .,� '. a�'�"� hl a ..s. d tiny � 1.:i1•'1 eh r { �. � � .r ' '. ��a��ar a,�,�� af0. ,� � r d' �S y .Art.� e"� 9• ,�d t' %�v`V� �x �° (� Y S ' i � 1 i� �p F 1 ��x` �k J`� y di.X hh 7 rp•9 ¢yy} !S 8( t }fY 7 f1 rf18 e1,11 • qF T l l p ',f/r; d d ' q�y 1 .r � G,+ �a F r' a f F I dt 4 ✓ r 1 1 -- r Page 40 of 104 January 2013 photo of abandoned pump beside pond put in with ODOT/Barrett agreement in 1992 to pump water from new pond and pressurize it through a mainline aluminum pipe to Barrett's and Lawrence's parcels that were formerly served by the pond next to US Highway 97. The pump and pond are 1,230 feet west of the subject property. Photo is repeated from the record. j 1 F fv aF 19 1 1...'::. ^, 'reig I (,'"'t t" „ � ^,,,,, , yk ^; m P,o, .p N \ Yf , "Iif y.1 i ■ i , w , 9^ ' . 7 w a,l h'H, IIII ra 1'1''"': q', 7r �G MiN' ,q=��a�...xr. G• � � 'III *` f'agc 41 of 104 p?r kn ` ''aye.� , �, gr , a r ,, d ' ® . 1:0'' 4v •i ,e, J 4■ s u r• ti>w q .�k • 1 ■ { January 2013 photo of abandoned pressurized mainline pipe along northern property line of tax lot 1227001100, 30.45 acres. The parcel has not been farmed for at least ten years and is planned to become part of the school. Photo repeated from record. Previous portions of this response to COLW has described the situation in 1995 and 1996 that is referred to by COLW incorrectly. The Barretts used their irrigation wheel line and irrigated by pressure from the pump in the pond on Half Mile Lane. When they were irrigating, they irrigated both their parcels south of the Three Sisters Seventh Day Adventist Christian School and a portion of Aceti's parcel in return for his loaning them the farming equipment to farm other parcels in the area while he was building his first barn. (Tax lot 161227D000104 had not been created at that time.) The other part of COLW's statement is about the Applicant and the Barretts having made improvements to the property before the overpass project and while Aceti was moving his hay brokerage business to Deschutes Junction from Christmas Valley and building a 20,460 square foot barn, and while the Barretts retained an ownership interest in the subject parcel. In addition to the valuable barn, improvements the Barretts and Aceti were referring to included fertilizer and land preparation for seeding. Anything else was not accurate. Aceti never used the Barrett's wheel line. The Barretts used their own line to irrigate Aceti's land. EXHIBIT 12, SWALLEY IRRIGATION DISTRICT LETTER TO ACETI DATED JAN. 14, 2013 and the accompanying map describe and verify the above situation and facts. Page 42 of 104 EXHIBIT 12. SWALLEY IRRIGATION DISTRICT LETTER AND MAP REGARDING HOW WATER RIGHT IS DELIVERED TO ACETI's PROPERTY Page 1/2 IRRIGATION DISTRICT Tony Aceti January 14,2013 21235 Tumalo Road Bend,OR 97701 Dear Mr.Aceti, You requested a letter from Swalley Irrigation District describing how your water right of 19.71 acres is delivered to your property.You have not used your Swalley water right for many years other than participating in the Deschutes River Conservancy In-Stream Leasing Program.When you wish to use your water it will be delivered from Gate#0040 on the Swalley Deschutes Lateral,then enter the private ditch system on the Eastslope Investments parcel to the southwest of you.How the water then reaches your parcel is a private matter between yourself and Eastslope Investments. On a related matter we need you to meet with District staff to remap your water right as some of the water right layer on your property has been covered over with buildings and pavement. Sincerely, air Suzanne butter-field Manager Phone 54113IIL'.055E, Pax 541139-0433 E4E77 COOK AVENUE ;UITE ONE. ESNO.OREC.ON 97701 vnn•i.sw,Iicy.cyrr: Page 43 of 104 Page 2/2 SWALLEY IRRIGATION DISTRICT MAP OF DELIVERY TO SUBJECT SITE The subject parcel that has 16 acres of water rights is indicated in red. There.is no water right attached to Tax Lot 161227D000104. The irrigation ditches are indicated in pnk. The closest irrigation ditch is the abandoned ditch south of the ruck spine near the highway, 500 feet soutf . The pond it flows into was replaced by ODOT with a new pond on Half Mile Lane in 1992. It is in the southeast corner of the grouping of four ponds. There 's no agreement between Aceti and the owners of the other parcels for the pumping and delivery of irrigation water the 1,230 feet from the new pond to Aceti's property. Sv�ralley Irrigation District r ¢ rr. c = r' Pink line is water delivery t" / easement r �7'' h ".. x;51" !'' t . No water easement to Tax Lot ",l '� '91 w Y y y " �r i .1 q 1 d ��i 1ti k 4 � S9V�°T"• , ^ 1' " A' t •-:L..."." r dt r � w t i " "e' Irl a.tna Bound ny � wr �p� l 7 , pa K Henaa i a•,' r �1�3 "' .. " .,,,,, 14`;Y u MI 1 Y < 4`,: ,• c7rfr ib�e La6Ns µ � � i ri w " �, w M r C'. wrnrnn pynw t } i s ay a,soe�e.er—1� wawa ,Ail: ✓ w " u 1p 1 5 g i k �"d "�°.,1 . ,� t a°'-' rs' 49,h,t,‘-f!...,,,k,,, ,1:,', .. ),,,.',,,eili .::, ,4. 6 ! , . w .P01 r m ce t -r (.n,1 PiW"M , e l � "°.pT 1 Gay M j pP Rv- ..,'i,-z„i%; ' -,,„,-"`„,,%;tAr,,0,''''' • '4 :,‘.:' ,,,f,.#':,iiiillikA ,„..--,-;*,',,,,,,i4447-■,;',14..,:‘,4 a' Fbi; ;w" • ....a. *p.•x.h....,..�iw. rWa,n«•rm.w...aw wNwn cr..t.a:ui uoii Y r k�1", t.: ..ndw..ww.w »..ww.. a&�m- :L t n s �wxx..wrwvw» w nwwM.r ,uwnrsurew mwrw r.,rwn.e Page 44 ot. 104 15. STATEMENT BY COLW, Page 8: The Deschutes Lateral, from the beginning of the last century to the present day, provides water to within several feet of the southern edge of the subject property and has been used by every farmer on the land from 1905 up to and including the applicant to irrigate the subject hay farm. RESPONSE: COLW is rewriting history inaccurately. First, laterals and ditches are not the same thing. Second, as seen on the preceding SID map, the closest ditch, now unused, is to the south of the subject site on top of the rock spine on Lawrence's property. It is more than 500 feet south of the subject property. The ditch is empty and the Lawrences do not irrigate. The empty pond on Half Mile Lane is 1,230 feet to the west of the subject site. We do not agree that either 500 or 1,230 feet are "several" feet. The pink lines indicate the two ditches. The subject parcels are outlined in red. The Thompson Pump and Irrigation Letter said that bringing water from the 1992 pond on Half Mile Lane would cost (at that time) $90,000 to $100,000. The letter goes on to point out that the Barretts told them that they were not willing to give an easement to Aceti to put the delivery system across their land. Since then, the Barretts sold the property to East Slope Investments LLC and the pond is dry. Swalley delivered water to the area in the "Low Lateral" a different lateral along Tumalo Road, in September of 1912. It is known that the Deschutes Lateral was completed later, perhaps in 1913. It delivered water due north and downhill along what is now Half Mile Lane. The ditch to the northeast along the rock spine came much later, after Low and the Crawfords sold it. A possible date was around 1947 when electricity became available and Walton bought the homestead. Electricity to the area was provided by Central Electric Cooperative in 1946, after World War II. No electric pumps to pump water from ponds along Half Mile Lane the 1,230 feet uphill to the subject site or the 650 feet from the other pond near the highway could have been used until that time. Swalley ID's records show that irrigation water was first delivered to the subject parcel in 1968. Again, it never was and is not a hay farm. The current owner is a hay farmer, but custom farms large parcels in several counties and not this small parcel. He buys, sells, trucks and distributes hay, up to 4,000 tons a year. As discussed in previous responses, COLW wants to rewrite the history of the owners, although it is extensively recounted in the Application. In summary, James Low had the 160 acre property from 1903-1943, cultivated only 20 acres east of Half Mile Lane in order to earn his homestead patent and was a saloon keeper in Bend. Next, Crawford owned it for four years and was a logging contractor and a road builder. He did not farm. Next Morris owned it for one day and resold it. Walton owned it in retirement for 20 years until 1967 as part of 700 acres he used for his hobby of raising and breeding Arabian horses. The subject property was not cultivated or irrigated. Next the Lawrences owned it for one week and sold it to the Barretts in 1967 who owned it for 32 years. They were the first owners to cultivate it, irrigate it and run cattle on it. No one has ever lived on the parcel and only two of the owners lived in the area. Note: On Pages 8 and 9, COLW quotes notes of the previous owner Gary Barrett speaking at a 1996 county hearing. Like most people, he is speaking in generalities, and not specifics. How many of us ever read all of our parents' deeds? As we know from the deeds recorded at the Page 45 of 104 Deschutes County Clerk's office, George and Vietta Barrett bought the property in 1967. COLW says that he was quoted as saying his family has irrigated the property since the early "50s". We know the facts show he misspoke and the date was after 1967. Vietta and George Barrett bought the 25 acres with 20 acres of water rights on August 1, 1967, Swalley first delivered water for the parcel the following spring in 1968. Also at that time, Barrett still owned tax lot 161227D001100 which made it possible for Aceti to share in irrigating his parcel when and if the Barretts irrigated their parcel. It is a fact that the Barrett to Aceti deed did not include an easement for irrigation water over 161227D001100 or across the Lawrence parcel, 161227D001200 and that fact has been verified by SID. 16. STATEMENT BY COLW, Page 9: "As Gary Barrett explained in detail, the new road would necessitate going to a hand line at greater expense. There is no practical reason the applicant cannot proceed as Gary Barrett described using the utility lines and box culvert built for that express purpose. The applicant's signature on the 1997 settlement agreement is substantial evidence that the applicant accepted the mitigation elements as compensation to account for the increased costs of irrigation such as using a hand line." RESPONSE: The COLW conclusion is not correct. Aceti would never agree to use hand lines as they are too labor intensive, and the triangular configurations of each potion made it impractical and significantly inefficient to irrigate. COLW is incorrect that any money was paid for any increased labor costs of irrigation due to the necessity of using hand lines instead of a wheel line. Again, this is all speculation on COLW's part, is irrelevant to the Application and does not apply to any criteria. It is unclear what COLW means by utility lines in relationship to hand lines. As previously explained, the box culvert was not for irrigation pipes, but rather for vehicles. 17. STATEMENT BY COLW, Page 12: "If irrigation were not feasible, which it is, the land could still be used for private pasture or other farm uses. it is unclear why successive generations of farmers since 1905 would invest in transferring water from the Deschutes River to the subject property, sowing hay seed, fertilizing the soil, and cutting the hay year after year, if there were no financial profit to be obtained by doing so." RESPONSE: COLW's summary to the profitability section of COLW's testimony is incorrect and ignores the facts. COLW has no evidence to back up its statement that irrigation is feasible or that the parcel has been farmed profitably since 1905. The opposite is true. The facts and deeds show that only one owner that might be called "successive generations of farmers" —the Barretts-who bought it in 1967 and sold it in 1995, but they were not full time farmers. The Barretts were the only people who attempted farming the parcel. They bought the parcel to add to a larger hay and cattle ranch. Farms and ranches need land, leased or owned. The Barretts sold off their parcels as money was needed, because they could not earn much profit from them. The Barretts were also logging contractors and had other businesses. Farming was not their sole income because raising hay on poor soil and running calves Page 46 of 104 seasonally on their small ranch was only marginally profitable. Bruce and Gary Barrett have other ventures and are and were not full time farmers. The seven sets of owners who owned the subject site since 1905 did NOT invest in transferring water from the Deschutes River to the subject property, sow hay seed, fertilize the soil, and cut the hay year after year. There was NO financial profit from the activities, because until 1968 the parcel was not cultivated or irrigated. Only one owner, the Barretts ever farmed the parcel. They farmed it sporadically until 1996 when the Barretts and Aceti farmed it together one year and got a yield of 3.5 pickup truck loads of hay bales from the 18 acres. 18. STATEMENT BY COLW, Page 12: "The applicant himself has used the subject property for growing grass hay, up until at least 2002, according to Deschutes County Hearings Officer Decisions in 1997 and 2002." RESPONSE: It is always of concern when information is taken out of context. It takes extra effort to ensure that any conclusion that might apply to another situation a decade later is appropriate and accurate. The Applicant never grew a crop of hay on the non-agricultural soils, independent of the Barretts. The last crop, grown jointly with the Barretts was in 1996 and it yielded 3.5 pickup truck loads from 18 acres. The following year, Aceti tried farming independently only a portion of the property, about 4 acres at the southern end. That crop was so poor that it was not harvested and made it apparent that farming the parcel was not worthwhile. There was no reason to throw money away attempting to raise another losing crop the following year. After the Applicant paid the balance owed to the Barretts for the purchase of the property, there was no more partnership. The Applicant did not farm the parcel after the overpass was built. COLW alludes to a statement that the mitigation from ODOT made the parcel productive and cost effective to farm. It did not do that. It only made a bad situation worse. It did not improve the productivity of the shallow rocky soil. It did not create an easement for irrigation water to be delivered, and it did not improve the depth or quality of the soil. ODOT did not provide money for a new irrigation system. The main reason Aceti signed the agreement that did not make him "whole" was that the agreement met his primary concerns: payment for the loss of acreage, access to the parcel, a safe way to move trucks within the parcel and protected turn lanes and driveways for 90-foot long hay trucks. It is uninformed to think that anyone gets everything they think they should in these situations. After the overpass was built, Aceti needed to concentrate on building his business. The situation had taken a great deal of his time. Attorneys had billed for a great deal of his money, and those fees could not be reimbursed. Aceti's efforts after the overpass project was completed were concentrated on getting back to the business of making a living: custom farming larger parcels near Cloverdale, Powell Butte and Prineville. He was also buying, transporting and selling hay all over the state. He leased out his 70 acres in Christmas Valley. Page 47 of 104 19. STATEMENT BY COLW, Page 12: "There is no evidence the applicant could not use the culverts beneath the new road and a combination of wheel lines and hand lines to irrigated the subject property and there is no indication the applicant tried to incorporate this approach." RESPONSE: As discussed in a previous response to the same mistake, COLW doesn't understand that the "culverts" were for Avion domestic water pipes crossing under Tumalo Place and under the approach to the overpass. The box culvert is for internal vehicle and equipment circulation on the property. A fourth "culvert" was installed in the right of way for the overpass along the east property line. Aceti has no easement to use it. It was thought that irrigation lines delivering water from the Half Mile Lane Pond could be pushed through it to fill a new irrigation pond in the northeast corner of the subject property, at the highest point. The Application describes in detail Harry Fagan's failed effort of digging the pond and filling the fissures and holes in the rocky pond with bentonite and soil. It was impossible to make it watertight in the fractured basalt. ti , p + ^ ` r 4 u a ,`i4i r} y r. r,Y, � .r-. 4 � '.�a 4 i °i may.. r?,•y. '.,r $ T ..l�... „,°:;;”, f. �i' 1 r h by { ,,` .ry k Y Photo taken looking east. Photo repeated from page 19 of Application. Not one to give up, Aceti in 2003 attempted to build a new irrigation pond near the high point on his property. Using heavy equipment to dig it, the crews hit solid rock between the surface and four feet down. The attempt failed. During that process, bulldozers dug about eight inches until they hit a solid lava flow slab. The eight inches of soil nearby was scraped and pushed up to form the brim of the pond, in order to create some depth to it. The applicant imported bentonite (an absorptive clay used as a sealant or filler) to make the base impermeable. But the shattered lava flow could not be sealed, and the process was abandoned. So, there is evidence that the applicant tried to incorporate this approach. This was two years before the Barretts sold tax lot 1100 and tax lot 1300 to East Slope Investments LLC in 2005. This was before Aceti discovered he had no easement to bring water across the 30.45 acre parcel and the Lawrence's parcel. At that time, with the Barretts still owning tax lot 1100, Aceti thought that he could get irrigation water to the new pond he was building. After the Barretts sold the property, Aceti discovered he had no way to bring water to his property. Gary and Bruce Barrett sold tax lot 161227D001100 containing 30.45 acres and the parcel south of it ,tax Page 48 of 104 lot 161227D001300 containing 7. 60 acres to East Slope Investments LLC, for $700,000 on September 12, 2005. The only easement mentioned in that Warranty Deed is for the US Highway 97. The deed is recorded as 2005-62517. 2a, STATEMENT BY COLW, Page 13: "In 1996-1997, the Deschutes County Public Works Department Staff and the County Board of Commissioners recognized the subject property as level, irrigated farmland used for production of grass hay. Deschutes County was so sure the subject property was irrigated, productive farmland that the commissioners invested over $110,000 of taxpayer money in mitigation elements to ensure that irrigated farm use could continue on the EFU-zoned subject property into the future after the new road crossed the hay farm." RESPONSE: The statement is fiction. The county was so sure that the parcel should be and would be rezoned that they wrote the following into the Settlement Agreement.: (See EXHIBIT 18) (item 9. I) "Subject to paragraph 12 hereof, Public Works agrees not to oppose a subsequent comprehensive plan change or rezoning of the Aceti property from EFU to rural service center, rural industrial, or other similar plan or zone designation." This agreement was signed by the chair of the BOCC, Nancy Pope Schlangen on May 14, 1997 and by the three owners at the time, Anthony J. Aceti, Bruce G. Barrett and Gary W. Barrett. In other words, the COLW statement is completely false. 21. STATEMENT BY COLW, Page 13. "The surrounding land in all directions was zoned EFU in 1997 and is zoned EFU now as shown clearly in Figure 12. The sole exception is a fraction of Rural Commercial lands to the NE and MUA 10 lands across the northern edge." RESPONSE: This statement is wrong. Perhaps the difficulty that COLW is having in finding the right answer is that most people put the subject site in the middle of a map to find surrounding uses and surrounding zones. COLW on the other hand, placed the subject site in the upper right hand corner in several of the figures. Figure 12, the surrounding zoning map places the subject site on the right edge and a fraction of an inch below the top. Page 49 of- 104 The following zoning map of the area with the subject site placed in the middle is EXHIBIT 25. 2014 AMERITITLE, ACETI PROPERTY ZONING MAP, from the Application. �If f l a ■ r ' v} til!�r Ma P s " \IC 4J, mt6� a: /' ,,�k,vat"'% 7(1 ja1 ° ? a , yr b I, _.— _......—� .. �.'!�ruxxomf..,.,. , „« c.w„ ',',1)''.',J l n ; , k.43`} ,,,,, Yt"x^ 1 &}£i} ,r'!'} tI "� y •„,:,....,,,,,,,,,„,•,"s, w r' X7 rld " ''•p rek+ °•tied wn .✓y , } la it '�' kd2 2 1; c. f 'p"f, d ., t.,; rm 1 �, .3'ar,,,I 9".✓r, y'^°,� ,.7x�ub'ra i�"9 -�a wG k � v, r r� + ?off 44L.` , rw.a.,s ,.„%w '"u M�� ^Y r'' N uv ii/ � r '° -' ,Wili'',2'3,04.,,ktfl'if4,4A",.,,,J"',40,V*5,1,,,,,4:,:y,,,,,,,,,ii,,,,p,i.,14,11.m,, ,' „'", /' d i Y �w 99 SY U Vii !?.; r � ^ k�a ear 3,daayr "! i'�"': ' ,7" :� 'a `ar f 'd N�' .�` fit&F9 Bd C tWd °^' a, '' ' §i 9 r r -' �,a "' v H % wr + ,.� u p } .,v n `,, ", r i. a ,"�"' � „ air'+,�t� "�,g,�.e,�� -"�,�"�r��".�.r��t / +n�<�'�.�, ^,n��?�^, t'�,='?r. �aory+„a! Pet g •N$,'+ A6etlPror^—v^ — 0 ma. .. �.r. ,... �.�� Fx-a •,,, �. Ame>>�Itle IC•Fw Cammdo WMIP•,..,-N 'rY "09iL�ryrG rA Vwx'+•a �_M'�.}+..A ,... Omtiewv GNN-'*""'s. PY.t1mM Mtlo mN WnwmH V ._.._...• ^_ The Powell/Ramsey parcel across the highway to the east of the subject site of 2.67 acres was rezoned since the zoning map was created. It was rezoned in ZC 14.2 and PA 14-2, Powell/ Ramsey, Tax Lot 1612260 00107. In 2012, the county rezoned half of the Robinson property tax lot 300 with 26.85 acres from EFU to RI. And, 8.93 acres in tax lot 301 was rezoned -from EFU to RI after the overpass was constructed, bringing the total of RI zoned land under Jack Robinson & Sons, Inc to 58.38 acres. After the overpass was built in 1998, the county rezoned 6 acres of Cascade Pumice from EFU to RI. Page 50 or 104 Surrounding zoning includes 60.4 acres of Rural Industrial, 1.77 acres of Rural Commercial, MUA-10, EFU/TRB, and Rural Residential 10. Since he has owned his land, other parcels have been rezoned to RI at Deschutes Junction in addition to the Powell/Ramsey parcel. 22. STATEMENT BY COLW, Page 13. "As the Deschutes County Public Works Department explained in 1997, in many cases the MUA 10 lands to the north, even though they are not resource lands, are still used for farming:" RESPONSE: This statement is false. The Applicant spent two months recording and photographing each parcel in the vicinity of the subject site. They are listed in a table, described and the photos are included in the Application in SECTION 16. SURROUNDING ZONING AND LAND USES. The Section 16 is 74 pages long and it will not be repeated here in its entirety, but is included by reference. Pertinent to the misstatement by COLW, are the lots in Tax Map 161226B. The description and relevant tax map from the Application is included here. B. Deschutes County Assessor's Tax Map 1612268 This tax map covers 123.06 acres, plus the acres of roadway, of land due north of the subject property. SUMMARY: This tax lot map is immediately north of the subject property. It contains 12 parcels that are in a residential subdivision. It also contains a mixture of lots that are used for retail sales, storage units, manufacturing, processing, renting, and sale of products and equipment. There are no farms or agricultural uses. The largest parcel is owned by Harry Fagan and is 29.04 acres. It is zoned both MUA-10 and Rural Commercial. The lot is used for several business ventures including sales of used trucks and heavy equipment, sales of firewood and wood chips, fabrication of log homes, and storage of rubble from Willamette Graystone's pumice blocks. The next largest parcel is 16.15 acres and is used by The Funny Farm antique and oddities shop and costume rental. It is not farmed. The next largest parcel is 9.71 and is the site of a former motorcycle race track. It is now undeveloped and not used. All of the remaining lots are under 6.2 acres in size, with many under 3 acres. There are many non-conforming, historical commercial, manufacturing and retail uses in this Y 9 g immediate area next to Aceti's property. Most date back to the time that Deschutes Junction was an unincorporated community. The 1979 Comprehensive Plan designated Deschutes Junction as a Rural Service Center. Today, within this tax lot map, the following businesses are operating: 1. Retail juniper and pine wood posts and furniture manufacturing and sales. 2. Forklift and Rental of industrial Equipment, sales, rental business, repair shop, storage building 3. Cowboy Collectibles retail and gifts 4. Phoenix asphalt, custom paving service 5. Repair and storage shop, 40 x 80-feet, for Asphalt paving equipment 6. Ministorage business, 22 units 7. Fagan's business to sell used equipment, firewood sales, wood chip sales, fabrication and sales of log homes, storage of waste and concrete blocks from Willamette Graystone, sales of landscaping materials. 8. Business to reuse wood pallets and manufacturing small storage buildings. 9. Business to rent costumes, retail antiques and novelties, seasonal weddings. Page 51 of 104 ;!;;:i;'q':°'t:::Y'l NW1/4 SEC. 26 T.1ES. R.12E. W.N. 16 12 262 OESCHUTES COUNTY r. a r, ,,. .p e. ,a sue`.. .,:,, °, 'I,: "i jg s. I ,r Z7 i,,.5 , rp°Y 3L �' t/a� r mot, - '. g 1 37 g, 5 'F •!_ mar- 15 t9,!,51.,,... e ' — „a p Zones in this tax map include RR 10, MUA 10, Mixed MUA 10/RC, and EFU-TRB. Eight lots totaling 47.46 acres are zoned EFU-TRR_ The largest is 16.15 acres and the smallest is 0.20 acre. None are used for any agricultural purposes. One lot has a mixed zone of MUA 10 and Rural Commercial. It is only used for commercial and industrial purposes. Two lots totaling 8.94 acres are zoned MUA 10. 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STATEMENT BY COLW, Page 14: First, there is or should be no difficulty associated with irrigating the subject property according to the applicant himself, whose signature on the 1997 settlement agreement with Deschutes County indicated his acceptance of mitigation, $110,000 worth of improvements in today's dollars. The improvements the applicant accepted included the 16x16 foot concrete box culvert to connect the northern and southern half of the property, shown in Figure 3, and compensation to revise the irrigation system "tapping into the existing water line and running said line in the culvert to the northern boundary of the Aceti property."If after the applicant received these costly mitigation elements in 1997 the applicant did not in fact revise the irrigation system to run the water line to the northern boundary of the Aceti property, it is not because such irrigation is not possible but because the applicant did not choose to apply irrigation." RESPONSE: This opinion and editorial is unfounded. The assumptions are wrong, the conclusions are wrong and the statement is mean spirited. What the writer thinks "should" be is irrelevant. One must look at the facts. Having a signature on the 1997 settlement agreement does not give the Applicant an easement to irrigation water in 2015. The Settlement Agreement did not convey water rights or an easement to cross private property with pipes in order to deliver it between the 1992 pond on Half Mile Lane and his property. These ideas and fantasies have been addressed previously with the facts and records found in the Application and those statements are relevant here. The irrigation situation changed significantly after 1997, especially in 2005 when the Barrett's old tax lots 161227D 1100 and 1300 without an easement for the subject parcel 161226C tax lot 201. And, as has been previously responded to, it makes no difference to the soil capability if the 16 acres with water rights are irrigated or not. The parcel 201 is not productive or cost effective to farm with or without irrigation and tax lot 104 has urban soils and no water rights. . Here COLW is also confused about the culverts and pipes. There is one pipe under Tumalo Place and another under Tumalo Road to bring domestic water to the site. The 16' box culvert allows some vehicles to pass between the northern and southern portions of the property. The above ground pipe or culvert on the east side of the property at the edge of the overpass allows laborers to shove an irrigation pipe through it to fill the failed irrigation pond that was attempted in 2002. However, Aceti has no easement to use it. See pervious description and photo of the failed pond. 24. STATEMENT BY COLW, Page 14. "Second, comparison of Figures 1 and 2 show except for the bisecting road that has been fully mitigated there is no visible change to the surrounding road network, the impacts of nearby heavy traffic and transportation or expansion of Highway 97 since 1995." RESPONSE: This statement is false. Please read the Traffic Impact Analysis for the Proposed Deschutes Junction Zone Change, March 2015, Sage Engineering Associates. The Deschutes Junction transportation project was a transportation safety project. It was a response to the high crash rate at the at-grade intersection of Highway 97 and Deschutes Market Road on the east and Tumalo Road on the west. It also eliminated the at-grade crossing of Deschutes Market Road and the Burlington Northern railroad tracks. Later improvements were made to prevent collisions at the intersection of Pleasant Ridge Road and Highway 97, which is now closed. The historic at-grade intersection of Deschutes Market Road and the BN railroad tracks has been closed with a barricade. There are other changes. Page 63 of-104 Tumalo Road, on the subject property, has gained 1000 vehicle trips per day since 2006. The following roads in the immediate vicinity changed since 1995: 1. The Deschutes Market Road was realigned with the new overpass. 2. The Old Deschutes Market Ord was barricaded at the Burlington Northern Railroad tracks and is no longer a through street. 3. The north bound on and off ramps to Highway 97 are new. 4. The south bound on and off ramps to Highway 97 are new. 5. Pleasant Ridge Road is now barricaded at its intersection with Highway 97. 6. Tumalo Road is realigned and now bisects one of the subject parcels. 7. Tumalo Place was created. 8. The intersection of Tumalo Road with Tumalo Place is new. 9. The intersection with 78th Street is new. 10. The overpass over the Burlington Northern Railroad is new. 11. The bridges over the Pilot Butte Canal and Cascade Pumice's property are new. 12. Graystone Lane is new. 13. Deschutes Pleasant Ridge Road is realigned and renamed. 25. STATEMENT BY COLW, Page 14. "The Willamette Valley is the most productive agricultural land in the state and 1-5 runs up the center of the valley. Working vineyards, orchards, cropland, pastures, nurseries, and tree farms can be seen growing within a few feet of the six-lane interstate highway." RESPONSE: The assumptions that the Situation along 1-5 and at Deschutes Junction is exactly the same is untrue and are not backed up by any facts. Everyone would agree that the climate, precipitation, soils, crops and other aspects of farming are very different in the Willamette Valley than at Deschutes Junction. The crops in the corridor along 1-5 mentioned in the statement, with the exception of "croplands", are all crops that stay in place year after year and in the case of vineyards, orchards, nurseries and tree farms stay in place for decades. There is no relevant parallel between Aceti's land and the general picture given of some unspecified farms on 1-5. The Application describes the two times in 1996 and 1997 that the subject property was fertilized, cultivated, plowed and harvested. The process raised a cloud of powder-dry soil and chaff that blew across the highway from west to east, making a hazardous driving situation. Being so close to the highway, roads, businesses, and the school and in an area of 1,756 tax lots in a small area, it is irresponsible to spread farm chemicals and fertilizers that will drift into the surrounding private property, even if farmers have a right to do so. The flowing information from the Application gives an idea of the urbanization of the vicinity: Rural and Urban Density Subdivisions in the immediate area: 1. Starwood, 178 lots and houses, 2. Whispering Pines Estates, 1;t Addition, 396 lots, 3. Whispering Pines Estates 2nd Addition, 285 lots, 4. Whispering Pines Estates 3rd Addition, 14 lots, 5. Whispering Pines Estates 4th Addition, 16 lots, 6. Rancho El Sereno, 39 lots, 7. Centralo, 9 remaining lots, 8. Glacier View, 13 lots 9. Glacier View 1st Addition,30 lots, Page. 64 of 104 FIGURE 21. TIM BERG'S 2006 MAP OF 1,756 TAX LOTS IN VICINITY AND COMPREHENSIVE PLAN MAP ZONING 1v i {� 'I441I1I'111111 N'1 ,P X741 t _...__.. I_ 1 / - 1 C _.. 7,. ,t ,`..::<-'''," \--"L Ja� T g , -,F,-- '' 4 1 T, , „<„,....,,,, , , _rie 1:\ ___ i r- 7 -,1, I i ,, ,I I1 , a�, ,s i,I Al -7;;;. ____-'"---,- ,,,... ,, __ L. .---4,. ..,, ---1--,.-i------: `- rig)* Itir a-1. 7-47:1:_ ILE R ''-' ...,„, T ' 1_111'14110;',;4'.:i.:,,,T;?,,All Ill'1 i lir , 71:, __. __I t(''''.'14.4.k i— — —(= CI 1, \\, 1 , ji - / ■ r T 1 t �.. a =fit . — f ) � ,.1.j c � �!i E f 1, I _ — - . j 26.STATEMENT BY COLW, Page 14: "Third, as shown in Figures 1, 7 and 12 there are no surrounding industrial or commercial uses except the few acres or less that are zoned Rural Commercial to the NE." Page 66 of:104 10. Buena Ventura, 41 lots, 11. Winston Ranch, 15 lots, 12. An unnamed subdivision in the SE 1/4 of the SE 1/4 of Section 14, 11 lots. 13. A rural subdivision off Morrill Road, 14. Lots off Half Mile Road, 18 lots, 15. Boones Borough Subdivision, 1,t Addition, 79 lots 16. Boones Borough Subdivision, 2nd Addition, 108 lots Conclusion: Total Platted lots in Nearby Subdivisions: 1,252 Page 65 of 1.04 t'0 i Jo L9 a ud 59Z Zt 91 r'� r t'. ` K,T. . ° , /7 '',„'4 i �� r t.', r t / I 6 , ,la . ri i/ / / o 1;9;; 4 w 'x :74 1 •� `k ,r - R / �. e� /7 s Z4 '- !^,- te.;4. �'' w. 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CTi 'g� 0 I J,{ ?, C m E C Q O C -r 0 Ul CZ O W n (-i .) c_, c,) a)a) o T U) co a)E ca Cc ro �s °�o a)° O O • �N a_ LE a_ ( cn (1.)d a)Cn m a) (-) O co Q Q U U) O_ U m Q j v� O Q Q cd N -, co d C CO c ci (� J n F-- Q) C -O cvi) O p LL CC QC —I 'CD' w nF' ,~. Y,• a ' df s Oo co o O N, A�,J 111 •d r ' .a III a "s ?.J u R d J a a, aJ ip "h" F) 1 .q O \p N ,. E cp •w O O • + a- c{ o C5 a a E W 1 C) o C C7 d' J d- J �. t r-) b11 c3 / \ co 0 0 0 0ƒ 5 &7 _,_, .% // § R ° / _ m / / ƒ ƒR § �© = e Cm \ \ \ = r r 2 2 / / / LL ± ± U) CT- 0 4- . - Q U @ E 3 @ 3 C 0 ® ® k 0 0 ± co U / E ® 2 S § ° E D o = m r Cl) o \ ? / / ? \ / 0 C cc 27. STATEMENT BY COLW, Page 15; "Fourth, there is not a lack of surrounding farm use, as shown in the attached aerial photographs." RESPONSE: This statement is false. Adjoining the subject parcel on the west side and sharing a fence is the Three Sisters Adventist Christian School, The school sits on Tax Lot 161227D 00100 and comprises 15.42 acres of partially irrigated land. The "green" in the photo is the landscaping and soccer fields. North of that, adjacent to the subject site, are roads, Tumalo Place and Tumalo Road. Southwest of the subject site are the Tax Lots 161227D001100 and 001300 that have been owned by a subsidiary of the Seventh Day Adventist Church for the past decade and are not farmed. The church plans to expand recreational uses such as ball fields onto them. There are four 1-acre parcels, four 2.5 acre parcels, one 3.5 acre parcel, four 10 acre parcels and two 20 acre parcels in tax map 161227D. The Twigg property that had the horse race track covering it until recently is about an eighth of a mile away. The other parcels are all at least a quarter mile to the west. The hobby farms will not be harmed by the Rezone. Some of the owners buy hay from the Applicant, and there is no reason to assume that the Hay Barn would have to stop operation if the land is rezoned. Farm use is an outright permitted use in the RI zone. More importantly, the RI zone is ideal for the Hay Depot, an agribusiness that supports agricultural in the region. The code for the RI zone, 18.100.010, Section (B.) allows as a use permitted outright, "primary processing, packaging, treatment, bulk storage and distribution of the following products: (1.) agricultural products, including foodstuffs, animal and fish products and animal feeds. wg I 6 — 'rl RSV" (I • • µ _ a Three Sisters Seventh Day Adventist Christian School Photo from Application F. Deschutes County Assessor's Tax Map 161227D This tax map covers approximately 160 acres, a quarter mile square of land, on the west side of subject site. SUMMARY: The Applicant's small parcel is in the upper right side of this tax map. It is lot 104. Three Sisters Adventist Christian School is on lot 100 with 15.42 acres, with another uncultivated 30.45 acres on lot 1100 and 7.6 acres on lot 1300 being held for the school's expansion, totaling 53.05 acres. All of the 53.45 acres of school land is zoned EFU-TRB. None of it is used for agriculture. Of the remaining land, five hobby farms have pastures and total about 70 acres. The largest of those parcels is 21 acres, and it is zoned MUA 10, Flood Plain. Another parcel is 20 acres and it is zoned EFU-TRB. The remaining 22.01 acres is used for residences, shops, roads or another nonagricultural uses. Most of it is zoned MUA10. Page 79 of 104 SE1/4 SEC. 27 T.165. R.12E. W . 16 12 270 .r. DESCHUTES COUNTY N ,,_ .r..wY --tea '':-- ; .-=TUUG!` -- ,,, ,•. l 6qF WNfi p,c} fu"� PF,;Ae � .� i t xyT } i i i ■ 3 1 y i 2-7 ,r 1 m,. .tip 1 i Y Y ,m I r.i 1 I 4. ,r Cr • ' 4' ri a t , a n C r $h / , , x y 16 12 270 28. STATEMENT BY COLW, Page 1: "The Transportation Planning Rule is not met where as (sic) here the conditions of approval are not shown to satisfy OAR 660-072-0060 (4)." RESPONSE: This statement is incorrect. Peter Russell, County Senior Transportation Planner; James Bryant, Senior ODOT Transportation Planner; Gary Judd, P.E., Registered Traffic Engineer, and the hearings Officer all were satisfied by the conditions of approval. They agreed that the minor conditions of approval are adequate to meet the Transportation Planning Rule. To meet Condition # 8, the Applicant will submit a Transportation Demand Management program (TDM) upon development. 29. STATEMENT BY COLW, Page 16-17. General Statements in conclusion RESPONSE: It is inappropriate to quote and rely on comments made by an attorney speaking about his opinion of the relative productivity and profitability of soils in the area in 1996 when this Application contains a professional soils report. The Borine Study should be used by the County in making its decision on this Application. As a side note, the Applicant was not Page 80 of 104 appreciative of the attorney's comments and lack of knowledge and hired another firm to replace him. . COLW's mistakes about surrounding uses and the adjacent Rural Industrial properties have been addressed. It appears that COLW believes the zoning and uses are always the same. At Deschutes Junction, this is especially not true. The Application, for that reason, contains over 70 pages of factual information and photos about surrounding uses that the Hearings Officer relied on. Additionally, the Applicant showed a 20 minute video of a 360% view of the surrounding properties to the Hearings Officer and to the Board. The Application and the video contradict the assertions of COLW. COLW's lack of observations of the significant differences between the transportation system today and in 1995 have also been addressed. COLW is wrong. Under her comments on profitability, COLW argues that even if farms in Deschutes County do not garner a large profit, they are valuable for the scenic open spaces they create and the tourist dollars they bring in. The subject site, however is not scenic open space. The Y4 mile long and more than 30-foot tall overpass approach on the property obstructs the views the tourists might have once had as they passed by the property. The high level of noise as described in the Application and in the video, on and around the property, make its value as a peaceful open space nil. It is surrounded by busy county roads and the highway and the only overpass over Highway 97 between Bend and Redmond, bisects it. 82% of the privately-owned Rural Industrial land is adjacent to it. The heavy truck traffic actively use the roads. * The Application and the Hearings Officer's Findings show that this is a property specific application and the decision applies to the subject property and it is consistent with County Comprehensive Plan and Statewide Planning Goals. On the top of page 17, COLW appears to argue that the Application and the Hearing Officer's decision do not address the criteria nor are the relevant recent decisions used as guides. The two documents show that the opposite is true. Both carefully address all of the relevant criteria with thorough, factual evidence and an understanding of the meaning of each criterion. The Applicant and the Hearings Officer were extremely studious about their documents and considerations. The Application took two years to research and write the 350+page Application and the Figures and Exhibits are extensive. The Hearings Officer took adequate time for her work, and it resulted in an additional $3,307.50 bill to the Applicant by the County, above the $5,000 deposit paid. The Applicant is not complaining here, and is in fact complementing the HO on her thorough work. COLW again is not factually accurate about the history of the site or the situation that has led to the inability to irrigate it. COLW also ignores the soils report in relation to the irrigation issue. No one is arguing that the approval should be granted because of small parcel size. That is not a criteria. Because they are relevant and set precedent, the Applicant submitted two previous decisions into the record at the hearing before the Hearings Officer. The BOCC is familiar with those cases and agreed with the county planning staff and attorneys serving as Hearings Officers and approved the applications based on the criteria and evidence presented. The DSL application, the staff report and decision clearly and accurately explain the issues. (PA-11-7 and ZC-11-2). Also, the Powell/Ramsey Case, PA14-2 and ZC-14-2 was approved recently for the property adjacent to the subject site and is similar. The BOCC has no reason to change its point of view. Page 81 of 104 Conclusion: We ask COLW to withdraw their factually flawed testimony. We ask the BOCC to adopt the Hearings Officer's Findings and Approve the Application. Page 82 of 104 APPENDIX Part of a Document Submitted into the Record on July 14, 2015 IRRIGATION The Applicant had a 19.71 acre water right through Swalley Irrigation District. This amount was reduced in October 2015 to 16 acres at Swalley Irrigation District's request. The reduction was made because of the presence of the metal storage building and the associated paved and graveled driveways and truck turn around areas. An email from Swalley to the County for this application stated that irrigation water was first delivered to the subject property in 1968. Aceti has been preserving his water rights through the in-stream leasing program since 2000. The Applicant has no easement to cross the three private properties between the irrigation pond on Half Mile Lane, 1,230 feet west of his parcel, with a pressurized pipe to deliver water to his land. He needs easements to cross 161227D001100, 1 61 2270001 200 and 161226C000200 and the owners do not irrigate and are unwilling to do so. g Roger Borine's Agricultural Soils Capability Assessment is EXHIBIT 14 and contains excellent, relevant information regarding irrigating the subject property. It is not repeated here but should be consulted. Page 83 of 104 Location of the Low homesteads and the alignments of Pilot Butte Canal and the Swalley Canal as shown on Figure 12, 1935 Metzker's Atlas. The Low family owned 440 acres in Sections 26 and 27. including the subject site and surrounding properties as noted on the map below in pink for Minnie Low, yellow for James R. Low and green for Benjamin Low. The 40-acre green parcel crossed in pink was jointly owned by husband and wife, Minnie and Benjamin Low. FIGURE 12 repeated Minnie Low Homestead, 160 acres;:, Benjamin Low Homestead, 80 acres; '' Minnie and Benjamin Low Shared Homestead, 40 acres; James R. Low Homestead 160 acres y., 7.e_l' 4..W P "� , • i"`(d.q p�. .,, B.v,.. "W""W'^I'''.'""T M 17^^m 6: "P ,' rri0i wilt) , 41,1#% 1 ,'N , r M 1 �4 .t �ar�t a' ar , ,, , !iv/Fk„,l t� x�d :�•� e"dt pa�,} ',, 'N,,,, +'„ h�^ a d a r r 6 1 : •' %,.d,�•� } � 1 • t', )a,dl4",d� , @„� ,6, 4:” , # ,, xr it 4, 1(M( + " a e a �r d, !k :e r t / M!P�,, +d v a® C ;`,4 ? . r*i.' r,14` , . 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F I J R$ �'%r."�" W j '"" 1 �.1w i �.;./i$ L i „4. f rv' 4.:‘'%711442% j,'i.,.�"� �w :''' " ,.r. Y. 4 r fr A'R`E .r}'g , w •Noi r"� '� -'. , ' ICI'' ' . . 4.N' ai C � *� j% Y � r a^" 1,./4,54-,,,,`y xkG ��tt 7�' f� " F1 '*@ A'i'?d!T 0,e,1 1..- ry t� .dip R 5 hNae :' x� :l a aft 1 ' �9pe 'Tyf mil �'� i,'i ° . - d r r tic / 'K d ^ ., �p:a :v, a "...... . This 2014 aerial photo (EXHIBIT 26) shows the historic homesteads. The blue lines indicate the Deschutes Lateral of the Swalley Canal and the two ditches along Half Mile Lane (south to north) filling four irrigate ponds, the Low Lateral (west to east south of Tumalo Road) and the lateral on the top of the rock spine (angled from the center of the photo to the right) that formerly filled the pond next to US Highway 97 and the Pilot Butte Canal running from south to north on the right side.. l'agc 85 of 104 None of Benjamin Low, James Low or Minnie Lows' land was in Segregation List # 6 that was served by the Pilot Butte Canal. The 22-mile long Pilot Butte Canal crossed the east side of James R. Low's land in 1904. The entire canal was completed by February 1905. All three bought stock in Deschutes Reclamation and Irrigation Company which was to become Swalley Irrigation District. This undated map is from the Deschutes County Clerk. The Deschutes River is shown, but not the canal, so the map is likely dated around 1902. Township No...._./ .,..._._._.Range No. .1.0_ Meridian t,.t'f. ��ali<'cf - - X -,,k r ,. ,.. x .. x k. x •-.7* .:x" x 1. I .- r , -!f 4 Y • t _,,L at.,.. if rf 'f c A` if ro j , 6„.. 4 ,Li 4, „..7 ,fi ,f .1, _,-,. .....__.__— --._.-...e '�_......_'__�--%r—....,.....if_— ., L .....�.�.�____ ....f9,..._._A4 .r I A ..,:,y--,y rf 441.:_.10 I x if i4 ...r9 1 J ...?.....X X l I _._4__.6..,.ry.....G _ - :„-4 00 if x! x I x x x x - 1 A . 41,,,_4 ,4, ._L if N.-...A.-1$ ,�� -- x x .. r --.,0 x 4 4 /9.T/f if..fit.1_ 4 4 / .Id Jq ;tl ;fl Page 86 or 104 James Low made homestead entry at The Dalles on Dec. 3, 1903. He filed the necessary papers called the Homestead Proof that demonstrated that he had met the criteria for receiving his patent. President Taft signed a patent to 160 acres for James R. Low in 1909. In the Homestead Proof submitted in 1909, witness James R. Benham states that the character of the land is "faming land — needs to be irrigated tho". Witness Charles B. Swalley, a neighbor, wrote that the land was "farming land and grazing." He wrote about remembering the date Low settled on the land as when Low "bought stock in our ditch about this time (May 1904)." (The source of all of the homestead records is the National Archives in Washington D.C.) Charles B. Swalley and G. W. Swalley filed in 1892 for Deschutes River water to irrigate their ranches north of Bend near Deschutes Junction. The water would be diverted from the Deschutes River near Bend, two years before the Carey Act was passed. The project was funded by selling shares, typically to users. James Low states that, "I have 3 shares of the cap. Stock of the Deschutes Irrigation and Rec. Co carrying water sufficient to reclaim said tract." He wrote in 1909, "The present value of said water right is $1,000 in addition to all of above improvements ($500)." Witness James R. Benham wrote that James Low lived on his land in April or May 1904 because, "I was an officer in the Irrig. Co. and he became a stockholder about that time." Benham and Charles B. Swalley were two of eight incorporators of the Deschutes Reclamation and Irrigation Company, in 1899. The canal was built over three decades, between 1902 and 1931. In 1912 the North Dam was constructed (near the current Riverhouse Convention Center) and Swalley's intake at the Deschutes River was changed and the canal improved. By 1913, it irrigated 1,280 acres. In 1931 it was 13 miles long. By 1933, 6,638 acres were irrigated. It is unknown when the Swalley lateral called the Deschutes Lateral that ran north from the main canal to Benjamin and James Low's homesteads along the rock spine and half mile Lane was dug. Because Minnie's Homestead Proof mentions specifically that her ditch, called the Low Lateral, was dug and water was delivered by gravity in September 1912, we can assume Swalley water might have been available to the land around Half Mile Lane at that time. Benjamin Low cleared and cultivated 35 acres along Half Mile Lane. He recorded his patent with the Crook County Clerk on Nov 2, 1908. He transferred the deed to his wife Minnie Low three days later. Benjamin Low was married to Minnie in 1885. They traveled from Illinois to Pineville in 1900. He filed on his 120 acre homestead in November 1, 1901 and built a 1 1/2 story 16 by 26 foot house for himself, his wife, Minnie, and four children. He grubbed and cleared two acres. In 1906 he was an employee constructing the Swalley Canal for two months. A witness for his homestead entry papers, James R. Benham, states that Low held many jobs off the land during the years before 1907. By 1907 he had 35 acres (in the flood plain that is now west of Half Mile Lane) under cultivation with four crops and a 24 x 44 foot barn. He bought 6 shares of stock in the irrigation company. Theodore Roosevelt signed Benjamin Low's patent to 120 acres on February 17, 1908. Minnie states that Benjamin Low dissected her in February 1908, immediately after he received his patent and they subsequently divorced. He moved to a winter wheat ranch near the Columbia River. Minnie Low filed her homestead claim in March 1, 1909 at age 50 and after her husband left. Three sons, Charles, 23; Walter, 15; and Lester, 12 and a daughter Marguerette, 10, lived with her. Minnie was gone from her claim for several years of ill health to stay with relatives in Prineville. Minnie's family continued to live in the house on Benjamin's land until they built a house on Minnie's land in 1911. In 1909 she paid a laborer to clear and grub 3-4 acres of what Page 87 01. 104 she describes as volcanic ash and rock with juniper trees on a westerly slope. Witness George R. Butts, a neighbor, wrote on the homestead papers that Minnie's homestead land was, "pretty rough --with a general easterly and northerly slope. Volcanic ash — about 2 '/z miles to Deschutes River." In 1910 she hired a man to fence 3/4 mile and to dig a ditch to the cultivated acres. She had two more acres cleared to a total of six acres. She bought six shares for 20 dollars each to the Deschutes Reclamation and Irrigation Company (later known as Swalley) on March 1, 1913. The rocky land was sloped on the southern edge of Long Butte and was difficult to irrigate or cultivate. Her records show only 6 acres was cultivated and irrigated. In 1913, she wrote that about 1.25 miles of ditch connected her property to the main canal and it is 16 inches wide and 16 to 20 inches deep. Her son Charles testified that she grew a crop of potatoes, beets, carrots and artichokes in 1910 but the crop was "not good". Nothing was grown in 1911. Six acres were put into dry winter wheat in 1912. He wrote that irrigation water was delivered in September 1912. Most of her 160 acre claim, about 120 acres, was "too high to reach by gravity flow". Some of the land went into tax foreclosure in the depression. Woodrow Wilson signed Minnie Low's patent to a 40 acre parcel shared with her husband in 1913. A patent to Minnie's 160 acres was awarded in 1914 by President Woodrow Wilson. Within a few years, she gave up on farming rock and moved south of Eugene. Today, all of Minnie Low's land is subdivided into Whispering Pines First Addition. Page 88 of 104 1909 Map at the National Archives dated March 1, 1909 and signed by Minnie Low shows a "contemplated D. R. & I. Co. main canal and a contemplated Low Lateral. The alignments of both are different than what was built four years later. Irrigation water had not reached the area. i C .w C. , .r; 04571 FILED B SERIAL J1�p,�.:,, -Yw". The Da r . $lIII®®III® I® MEME®■■®M®®®®®®■MMUMM■ME IINEMMINI•11111:111111111.1.1111111011111111 MENEEJ Ora®®®®®SEMEMIO M■MMEM. ®®� N®T MM®. 'M® ■■® M■M_ MMIMM M® M® MME ®®®®® '®®®®®®ME®NM®®M■ ®®®a a® NI ® ® 111®®®® ®�I� IM Mii PMILI . ®RR TAR ■d1■®i�1El INIENSIMMISII MMEMMMIIMMKUMMIIMMIIMM mommmommimpoimmwmummompms mil IIIIIIIIimelliii *--mP ......-Ona lno.mife. d-7,[ r I Page 89 of 104 1912 Map at the National Archives dated March 1, 1912 and signed by Minnie Low shows another "contemplated D. R. 8 I. Co. main canal and a new proposed alignment of the "Swalley Ditch"and the 'Low Lateral". The anticipated alignments of both are different than what was built a year later. Lk) _-"2--(----"2--(--- � µ7 �4 590] 'IA. Township No.-1-4._.__..__ s_. Range No. J..._3.:__-___.._._Mer. ■ _ II -— L ■■ .. _ aliplimms firgig 7_, ri . 117.1,■■ e II Riglia girr111:1 ,, . a . ■ NI is am --..„. ,. oll ill ,. - II 0 a ail russ 4404 ,_ ■ ■ "raw . -.•,•- • III 1111111110 2 MR ' r , .- ,k,,, „ :.. imilin I . I fl ■■■■11 IIII 1 e 1 n jj,F i!iIi1I4 J{ Scala 80..b.4„6 to an Fnch, H vv" Page 90 of 104 1913 Map in National Archives showing proposed improvements on Minnie Low's homestead and the "Low Lateral"of D. R. & I. Co. to serve Minnie Low's 6 cultivated acres. Even though water was flowing to her 6 cultivated acres by this time, the Swalley canal was constructed in a different location. Minnie Low's water right was awarded on March 3, 1913. She testified that she received water in September 1912 via the 1.25 mile long ditch that she paid a laborer to dig 14. ,ZewnsAlp .X0:-__L_I2____.._ ____.RaRg ___.1_ .-2-------- --� L .s. yY ..viz. a1 ' 1 I i i ! i E Biguiturminimm...--1,-- . - 1 !mm^� .. ,,, , JIilhiIIIIIILtI .. ...___; I .._- 11511 , i5# _;_...t, A --1--"11 g11� 11gs ..y..._............ .....� "- ____ II Appliradil ___4. _...I._ 111111N-Minli -- !--- ---+I- i , .. . . , 1 ; a.-z PRINTED AND FOR SALE BY TEE BEND BULLS IL1 Page 91 of 104 While the Swalley system, a "cooperative" project, took over three decades to complete, the well-funded, for-profit Pilot Butte Canal was completed by February 1905 and crossed at the high point of J. R. Low's land. The Pilot Butte Canal's development company sold land and water to make money. The company did not have the righto the land the Lows homesteaded. That was in the Swalley service area, a cooperative venture of the landholders. A lateral that today irrigates the Funny Farm runs north from the Pilot Butte Canal on James Low's former homestead. It is at the highest point of James Low's land. Low had no right to that water. A 1940s photo in the Deschutes County museum shows a few acres south of Tumalo Road in potatoes. The exact location of the field is not known. Walter Low's son, Kenneth Lowe, confirms that the family was experienced in growing potatoes in the Tumalo area after WWII, but Minnie and Benjamin had left the area decades before the photo was taken and James Low had sold his ranch in 1943. Minnie Low's homestead records show that the Swalley Canal water was flowing in the area by autumn of 1912. The Swalley system was completed in 1931. The 1935 Metzker's Atlas of Deschutes County (FIGURE 12) shows the alignment at that time. By 1931, a Swalley lateral, the Deschutes Lateral, ran north from the canal at a point just west of the current hydropower plant to a "Y" at the southern end of what was Benjamin Low's homestead, then owned by A. J. Stillion, and to the low point in the southwest corner of James Low's homestead. Farming was a part time activity for all three homesteaders. Benjamin Low farmed 35 of his 120 acres and held odd jobs. James Low farmed 20 of his 160 acres and derived most of his income from businesses he owned in downtown Bend. Minnie cultivated six acres and received her patent in spite of not meeting the 20 acre minimum cultivated acres due to testimony about her poor health and having been abandoned by her husband. On October 1933, James Low sold the State of Oregon 6.73 acres in a strip of land 100 feet wide, 50 feet on each side of the proposed centerline of The Dalles-California Highway to construct the new highway. Up until that time, the main highway was where the Bend-Redmond Highway is today. ODOT paid Low$500.00. A wooden pipe was put under the highway to allow for irrigation water to flow between the two sides of his property. Central Electric Cooperative was founded in Redmond in 1940 and the Deschutes substation serving 11 users south of Redmond was built in 1941. No construction of the system occurred during WWII. After 1946, electricity was available along Tumalo Road. Until that time, no power for irrigation pond pumps was available. Around 1947, a much larger pond than is there today on the west side of the new highway and southeast of the rock spine was constructed and water flowed by gravity into it from the Swalley Irrigation Canal. The ditch ran north from the main canal to the spine near Half Mile Lane and turned northeast and ran across the rock spine and then downhill to the southeast into the pond. In 1943, when James Low sold his formerly 160 acre homestead, it included 153.27 acres; excepting the 6.73 acres of land he sold ODOT for the new US Highway 97. The deed to the Crawfords, states it has a water right in Deschutes Reclamation and Irrigation Company (Swalley) for 120 acres and 120 shares in stock in the corporation. Forty acres were not considered farmable and had no water rights. The land around the rock spine and other rocky areas east and west of the highway were not irrigated. There is no evidence that the subject property was irrigated or cultivated at that time. Page 92 of 104 James Low's former homestead was broken up into six parcels owned by five parties by 1972. In the summer of 1967 the Waltons sold to the Lawrence's 25.2 acres that included the subject property. It was bounded on the east side by the "Dalles-California Highway 97" and bounded on the northerly side by the south right-of-way line of the "Deschutes Tumalo State Secondary Highway" (now Tumalo Road) for 997.75 feet between the Highway 97 and the line between Sections 26 and 27, thence south along that section line for 1341 feet, thence east for 464.43 feet to the right-of-way of The Dalles-California Highway. It also deeded a 20 acre water right of Deschutes Reclamation and Irrigation Company for the 25.2 acres. Water could be pumped from the irrigation pond next to the highway. A week later, George and Vietta Barrett family bought the parcel from the Lawrences. Swalley Irrigation District, in an email to the County, wrote that the parcel was partially irrigated for the first time in 1968. By 1972 the Barretts had purchased several other parcels in the area and owned about 115 of James Low's original 160 acres. Lester Walton, Art Raymond and W. K. Charlesworth owned the three other parcels that comprised James Low's homestead at the time. In October 1986, the 16 acres west of the Subject Site was purchased by the Western Conference Association of Seventh Day Adventists, an Oregon Corporation for the Three Sisters Adventist Christian School. Page 93 of 1.04 EXHIBIT 17. SWALLEY IRRIGATION DISTRICT REGARDING BENEFICIAL USE REQUIREMENTS IRRIGATION DISTRICT February 4,2013 Anthony Aceti 21235 Tumalo Rd. Bend,OR 97701 RE: 1'r Notice of Beneficial Use Requirements Protection of Water Right—Your action is needed 16-12-26-NW/SWE-00201—19.71 acres of water rights """`,20t3-5n'veer non ust The 2013 Irrigation season will be starting on April 1'and with that,Swalley Irrigation District is writing because we are concerned about your water rights. We want to bring to your attention state law requirements to keep your water rights and outline how we can jointly help maintain your rights. State Law State law requires that the number of acres on your properly to be Irrigated must be Irrigated beneficially and fully at least once every 5 years. 'Beneficial use'requires 1)an irrigation system in place;and 2)production of a viable crop. A viable crop(pasture,hay,other crop production,lawn,and gardens)must be produced from the irrigation either for individual use or for sate on the market, Watering sagebrush or cheat grass is not beneficial use. There must be a diversion in place and a means of irrigating. 4h and 5'"Year of Partial or Non-Use After the 40'year of partial or non-use,the District can begin a process to move the water right from a landowner's property that is not beneficially using the water to other properties in the District where the water can be applied. We have completed a process of determining where properties appear not to have been beneficially irrigated for 4 years or more. (ORS 540.572) Our records for 013 19,71 ecre.narcg„/ show 2013 will be 5'^year partial use.Full use is required this veer. Pursuant to Oregon law,we request your confirmation that this information is correct. Absent any communication from you,we will presume that you have no information to rebut our conclusion that water has not been placed to beneficial use over the last 4 irrigation seasons.Unless you 1)provide us with evidence of use,or 2)can show the non-use is covered by a forfeiture exception set forth in ORS 540.810,or 3)elect to lease your water in-stream this year,the District intends to petition the Water Resources Commission for approval to transfer the water to other lands in the District. in"Stream Leath YOU WILL LOSE THE 19.71 ACRES OF WATER RIGHT IF iT IS NOT USED FULLY THIS YEAR OR IF iT IS NOT INSTREAM LEASED. If you choose in-stream leasing,please contact the Office and we will handle the in-stream leasing paperwork for you. The last day to commit to in-Stream Leasing is March 1.2015.It will cost you$395.00 for mapping and State fees. Phone 541(3CD-Q65s fax 541/369-0433 45572 COC)K AV N1,1(,• iU17[ONE EE'vL^.OREGON'97701 .......n.ra l!e y.c.n. Page 94 of 104 What Aceti's Deed States The Barretts sold the 24 acre parcel next to US Highway 97 and Tumalo Road to the Applicant in April of 1995. The parcel was described as approximately 24.02 acres in the NW 1/4 of the SW 1/4 of Section 26, T16S, R12E, W. M. It says it is subject to "Regulations, including levies, assessment, water and irrigation rights and easements for ditches and canals of Central Oregon Irrigation District." COID is a quasi-municipal organization of users who maintain and operate the Pilot Butte Canal and the Central Oregon Canal. There is no mention of the Swalley District or of any specific deed to a water right or easement for the delivery of water. Further research by Aceti found that there is no water right from the Pilot Butte Canal and there is a right to water from Swalley, but no easement or ditch to get it across other properties to his property. The Applicant contract farms for others and brokering and trucking hay. He bought the land for a hay storage and a hay distribution point for his business that began in Christmas Valley 39 years ago. In June 1997, he applied to Deschutes County to conduct a commercial activity in conjunction with farm use. The application was approved with conditions on Nov 21, 1997. Just when the Applicant was approved for a building permit to construct a second 100 x 200 foot hay barn on the center of his property, ODOT and County told him they needed the land for a new overpass and realignment of Tumalo and Deschutes Market Road. The project took nearly three acres in the middle of his land, including the site of the new barn, realigned the on and off ramps to the highway, created a new road, Tumalo Place, and realigned Tumalo Road and Deschutes Market Road. In addition to other things, the project divided his land into two parts, adding significantly to the challenges of farming it. The second barn was not built. Irrigation and hay farming on site that was necessary in order to comply with the Conditional Use Permit became impossible. After the overpass was constructed and the traffic system was changed, he could not farm even a meager crop of hay on site. He couldn't get irrigation water to the site and even if he could, the overpass made any hand line sprinkler layout impractical. Other options such as attempting to dig a new pond in the northeast corner or to dig a well were explored without success. When one looks at the rock and shallow non-resource soils, the small parcel size, the overpass bisecting the property and the heavy noisy traffic, it makes sense to find a different more appropriate use for the land. Page 95 of 104 EMAIL FROM SWALLEY TO THE COUNTY REGARDING ACETI'S IN-STREAM LEASING, THE DATE IRRIGATIN WATER WAS FIRST USED ON THE PROERTY AND EASEMENTS TO DELIVER WATER From: Suzanne Butterfield [mailto:suzanne @swalley.com] Sent: Friday, May 29, 2015 1:24 PM To: Paul Blikstad Subject: FW: Aceti Paul, Here are my comments on the statements made by Tony Aceti regarding Swalley Irrigation District irrigation water delivery to his property: Aceti statement: "The construction of the Swaney hydroelectric facility which adversely affected applicant's in-stream leasing of irrigation water" Swalley ID response: The construction of the Swalley hydroelectric facility in 2010 has no bearing on Swalley's In-Stream Leasing Policy which was adopted about the same time About 5 years ago Swalley changed it's Instream-leasing policy from allowing this practice every year to only allowing it once every 5 years so that if a water user had not irrigated in 4 years they had the option to in-stream lease rather than use the water in the 5th year State water law requires that irrigation water be used fully(beneficial use) once every five years or it is forfeited. In stream leasing is considered beneficial use. The new Swalley policy does not harm the water user other than an inability to receive payment from Deschutes River Conservancy at$39 an acre above 5 acres, in four years out of five. The reason Swalley tightened its In-stream Lease Policy was unrelated to the hydroelectric facility that was built in 2010. It was because Swaney had permanently dedicated to the Deschutes River 39 cubic feet per second of water as a result of its main canal piping project and several other piping projects. Swalley's water right used to be 125 cfs. Today it is 81 cfs.The District wants its water users to use the water on the land,rather than in-stream lease, so that there is enough carry water to get to all users. In-stream Leasing is a program of the Deschutes River Conservancy and each irrigation district may set whatever restrictions on it they feel are necessary to meet the needs of the district, which is to efficiently deliver irrigation water. Aceti statement: "The changes in the source of and delivery systems for irrigation water from COLD and the Pilot Butte Canal to the Swalley Irrigation District. " Swalley ID response: Our files for this property ( see attached) show that in 1995 Swalley contacted Key (?)Title Company to correct their error stating in 1995 Warranty Deed between Barrett and Aceti that COLD was the water provider. Our files show that Swalley ID was the water purveyor of irrigation water to this property from 1968 to date. COID should be contacted to see if COID was ever a provider of water to this property. Aceti statement: "The lack of a Swalley easement to allow the delivery of irrigation water to the property." Page 96 of 104 The only easements Swalley has ever had,just like all other irrigation districts, are the easements along the Swalley conveyance system. Swalley owns 28 miles of pipes and canals with federally granted easements along all of it. There is no such thing as a Swaney easement from the conveyance system to each property owner. If a property needs an easement through another piece of private property to get Swalley water to it, it is the responsibility of the property owner to try to secure and maintain such an easement from his neighbor for a private pipeline or canal to traverse through it. Tony Aceti has instream leased his Swalley ID water as follows: Year 2000—4.5 acres 2001- 6.4 acres 2005- 19.71 acres 2007- 19.71 acres 2013- 19.71 acres Suzanne Page 97 of 104 FIGURE 18. SWALLEY IRRIGATION DISTRICT RESOLUTION 13-07, ANNUAL WATER LEASING PROGRAM 5WALLEY IRRIGATION DISTRICT RESOLUTION 13-U7 2014 WAl'Eft LEAS?NG POLICY PER THE DFSCHUTES RIVER CONSFRVANCY AND$WALLLY IRRIGATION DISTRICT AGREUIIENT REGARDING THE ANNUAL WATER LEASING PROGRAM FOR THE DESCI IUTES BASIN Whereas since 2999 SID has partkipotcd in the Deschutes River Conservancy Annual Water Leasing Program for the f eschbtee Basin where individual water users within 511)may leave their vrater in the truer rather than use it on the land and it Is considered beneficial use,and Whereas lint.2007,In addition to the individual SID water users who have participated in this program,the Distntct has permanently placed in the Deschutes River 38 r ubir teat per second of senior water right trom 4 conserved water piping pro)ertc representing about 30%of the District's water right,resulting in many benefits fur the enrie/Men t end for SID water user, Arid Whereas et Ls now Important that for the most pert the remainder of the SID water right be bene*eialiyy used bythe SIt)wales users On the land rather than leased i nit:warn because the water is needed within the deilVery lysten in order to provide the most water to all water user►tram April through October, Now Therefore Re It Resoar d,. Swaney Irrigation District+uiE continue to.Now SID water users to Instredni lease theirSuralley water right Under the Desr twee4 offiVr Gard errancy ontf$wotdey irr1po!iort[Astrid Agreement reourding the Anrrarrrt Water LAP:Ong Pr'o9rerm far Ma Deffloinites Basin and in accordance wit h the Swalley Water Transfer Policy adopted December 17,7013 as follows: I,Those entering their sw`year Of nun—use and thus Jeopardizing the water right whifh can only ha protected through either instresra teasing Or using the water on the land 2.Those who pump directly from llsi Deschutes Rarer atone of the t S SID points of diversion becamm they harrn no impact on tire District water right send its distribution throult►rout the District 3.Those whose Swaney wrstc-r right is delivered by CD ID because this it COI D water that is being delivered,not affecting the SIh water might and its distribution throughout the District. Adopted by the Swruik°y irrigation District Board of Directors on December 17,2033 Pre:snlc-n1 Steve!M cat met Secretary M1aueages Suzanne Butterfield Page 98 of 104 FIGURE 4. DESCHUTES COUNTY TAX LOT MAP 161226C h16.5 Mw ,5 PFER.,RE6 Rm 16 12 26C sstss.Fnl PuAP°SE°Rw, SW1/4 SEC. 26 T.165. R.12E. W.M. 6231312:ronreum DESCHUTES COUNTY -2m' 'E 2 16 13 266 � " ,2 w =, ':e', S. gg, 1 "u 1; � a 4 1 • Y gg p �"f.p ai :•:s"1!r2'P 1 ngr. �.:,-. «�,, d ..:4. .'fPFi. ' � R r >n '�f a fl 7■ 1 2 M.n '',it: Fv „a? ., cancelled na,. f( w j,/,t, 1i p % ppj', N 1 B�1 its �;�� I �$: .�® ��580 h�� y sm.2 zika ids' ;; \ 10 1 9t ,7"e^sf z yI . p sO AC '''''t/ 4410 RnA[6'a CP17 ''"•''.- , 161 ° R ;4f/ .I ,, - 2-7 �3 �lue, k g PAR1 2 '' C iii -.61 .2ry y. Iv "'" o-9 v dtyy A ! ''x,,b 1 ',�W� ' 1 , i. .i F 26 1 w I Ss„ r r i 'r.p "< % Td� yp 9�.G Trv�" a�' � war. w°� r R ltli2asl �� xr � 4 IF' 16 12 26C Roads form the northern and eastern property lines. Tumalo Place forms the northern property line of the parcel in Map 161226C. US Highway 97 forms the eastern property line. The section line between Sections 26 and 27 forms the western property line. The Tumalo Road approach to the US Highway 97 overpass crosses the parcel and is owned by Deschutes County. Page 99 of 104 FIGURE 5. DESCHUTES COUNTY TAX LOT MAP 161227D scssue PnPae�Q°c;°A SE1/4 SEC. 27 T.16S. R.12E. W.M. _ _ 16 12 270 HLV,60 11/1.006 DESCHUTES COUNTY ie`i 8a' d d ' ad ,t'tt N, iP6o� 9a Ott, a r,NE a,i{--a"'a:Tii" R�.".t2 .w :'+Fib i�tl 100 306 �er,--� u, o r — FrIO E n 1312 w w w: f , °.y R i �- IN ue 223 u(. tl I'. p4; x r 2_7 600 sai>a.ee o r i000 ..._ 1iw .... s0s ses 600 100 900 60] eon 4F ) 601 PAL z "3 -11 'ilimil#M11141111111111111111111111111111111111111111111111 I " Ste we 16 12 31 16 12 27D The Applicant's pie-shaped, 1.32 acre parcel, identified as Tax Lot 161227D000104, is in the upper right hand corner at the intersection of Tumalo Place and Tumalo Road. The 1.32-acre parcel, Tax Lot 161227D000104, was created when both Tumalo Road and Deschutes Market Road were realigned and the Highway 97 overpass was constructed by a joint project of Deschutes County and Oregon Department of Transportation (ODOT). Since the 1960s, the land belonged to the Western Oregon Conference Association of Seventh-Day Adventist. The church deeded it to ODOT in 1997. ODOT deemed the 1.32 acre parcel "remnant" at the completion of the transportation project and granted it to Anthony J. Aceti on July 6, 1998 as part of the settlement for the financial losses Aceti incurred as a result of the project and for the taking of several acres of his land for the new transportation facilities. Page 100 of 104 • 'Wq 2 aiyagt a wd,Y" cw». I ra"Ytl y a.. a ae1 •8 ti S fit '� PrK mt" 1 a y rwe� a" t1 f w b w 1 i wt t., �Aa� is "� .',t "f"•° ^a 'i r`w': �„, f r.S�:k y Photo taken in February 2012 looking east to Highway 97 from southern portion of subject property. The western overpass approach ramp and the fencing bisect Tax Lot 161226C000201. The westerly right-of-way line of the Dalles-California Highway forms the eastern property line. Page 101 of 104 FIGURE 12. 1935 METSKER'S ATLAS OF VICINITY @g w + i � ' a R' ° a y ", I R ii Na s F' we ° "F7a a � � 4°^ r • p � `� '� 'I ,,,e4 W 7 ,q ' .4.,,„ rkft,„, ,,,,,400,,,,,,„,,...,,,,r,,, ,,,.,'6.441 :I M,4‘01/`lit ii N A 0 i,�", wa ��,� it i � far . Y� ,b a co �a „, ".1,','., ' TM'"� �" i � Nib' x it, a r as i? r t, 3-,i , 9 M ,,,, tii, ° 6 N 0,4 `r�''t 1 ;.:0 biro .�• —;!,br / i '6du ,.,., 4 A,,,�:; rvx Mii FIGURE 13. 1944 METSKER'S ATLAS OF VICINITY �.a 1: _ -‘;','" r 7iala ... r rr...La'� II� _. �''_ Sue ..•em f,ai.r ixni t ,r.'ci0f 1 11_0.7 1. y/ Ins.v Y ..nu 1____....l , II ,�nvN L4 y FRPC qA Ail ii en�ia� \ FI"� L -r.0.. p 11 �\` d i/ f `. 1 G.�fu, ',1 1 „..,-;1,,,,,„„.u M YC wylb Qu'f, `,i•.`� U.6. # I I af:--- 1 24 , 4a,xn K oCa.d 6 IIKI 11 II.Y. n Pr.,« i 1 u..n. II Cnvn "� 41 -f' 11 ...�,.._ ... 2 :1 ±A "N �I,...I/:, ::L �e LT w MA VIM ! k �.�'.r II .,...:� 1 Mil. � ":",,z•Mil, \I ..o ,�_t{. al uR, //,/ , � M ..._.._..,.....- II n _ _ ' :r /uo ns M,1. �. 1-z-4.■vlrml a� li .nuRkNn +�w u ( H 1 �. , i' �j,. 6r. r( ¼ 1 abb 1.to aj yam, MN I CuR*x �.�,T b h AY AY ,/Mt f ✓y" .:cam= ff, .- _.. .. a�' �( ,c ,TyS�v i P r w, aW I,wK1.CM cvV'ITiy'... 11 }� W1441 i-4 u.4. td` �„ W R tluµ�[ I r.� �it:,..., v.ep t M I p..rgok �-".".".. ,....,�...,-- 11 INCS,049St if 4, .ern , cN..a�a�wR w r i""w.._� w.a�w..Ha oK.lit! W: o�R. �..• ��W e.aue..•�f �;+ r,ux, a d u Kil nlr,Mw,e of .rt./.T 11 // # ,, x�=>&��,ll _ .1z, �n° _-� * //l c�l f,R,,«M,.,, ...,t« a 47 - !% a ' o 13 7 �i cap+. aiww, ca.: 11 .., 5 .. i a.ai ♦ M G. _ 1■■ w p a- ( LAce II' ••_MIr;,,1At',L ••, Y ,1 VAV15 ti 1 u.4. SWpR !1 11 oA WK4 // Fbw, ,!0 .,., bcu.. fA ` ■ A/ Yi.� utlWV• IJtlH40 •I,Iiq„C[NM1' .� ] ✓�1 R[acrrrr ,J,t; / 11 trr.1W9.c.n. veGCWViYa V.IYy �-:/ i l u.msµ• ` Air (/ / r.v .. .�"...---..- \�`14 1�....�...,. e.G,,ubN k. !Nu^ w it ai wr., - ......... .....�.... ......,..) /// •v ,, V The 1944 Metsker's Atlas of Deschutes County showing the southeast portion of Township 16 Range 12 is similar to the 1935 map. It indicates James R. Low's two 80-acre parcels in the southeast quarter of Section 27 and the southwest quarter of Section 26. The Map also shows the Pilot Butte Canal crossing his property. But, two changes are noticeable: The Dalles- California Highway has been constructed and crosses Low's land and the townsite of Centralo is no longer indicated. The new The Dalles-California Highway has been built as a two-lane gravel road and crosses Low's property. The Bend-Redmond Road is labeled "Old Dalles California U S Highway No. 97". Parcels are generally 80 to 160 acres in size. Page 103 of 104 FIGURE 14. 1972 METSKER'S ATLAS OF VICINITY F1 M ��t(I6f1 III1 ill uf• • 1 / 1Y� � � . cd�av c��aq�Pwrr�r o-��w i ' I ounn9 Buhl P,;v C� h ' '��``/ 1r; 7L!I { , p� 1 „:: 11i bit j'/ ,k, • -. *bi11 //y. I .•.�..' ,\, ti -A' �/ I `1 9 �.[. W l:1�-,pJnn,� y-W/�pLq -0) LOVu Y R¢ 1]d is ',.'' r�ICC4�fTY� �7 '!I 111.1- I l�{r x.40 .,//—_ 4 1 4M 1\;..�i r: :r.---,,,,-,v w �,` H '. Gi b, p �� rirr /i t r � f 'yS�y k 4-.,:\,:,'' ... ;l ;P.,, 'a P Z � 9F'r/Ye.`�' � � �' � .i 7 � i r .....la L .Kw+A a1 rJ 1 Vll�cx t.. �'t"�/ _ •4 i ,5 ,,,Y,,P.ril re'',-:1,l asv o � ' '. ". / �t i- f �,K � � ^aar.ar.l.s II." �' � 1 � ¢�°: ��fcs�o` ri-i sr�'�r q,1.;rp `--_!...:• v'.'.,. .•it.IM Jc i :.f ill • (q` :/•'i Mrye,- ,-, '1'Ke.? :i• M SbWf• 4. -3--- '.,„ �IFa, . C) if �•' .Y' \ .; \\ J; r 9=.x i r ai v t", I� ,, a� 4\j ;I,+wrxP r 7 w� �. ,rh.1W,. , u B b... Co k 4 'r ` \i Iwo 4�.•0 w t , i i 4 a° memo- �' / 1`^ aS,9, i I I a..`�;" n ' 'w.m Tw,4414. `' 'r 1 ; An.. W1 r -v-- ii wa OR H _ 7: NARSHaLL, o� ='•�� ,,p� R14H NpR rMON �: 1/ U.5 \` i y b, V fYGAAI'K- 1tN'''' • Pr4 ✓ 1 _ ,..-, d A .. l ..� a « R I- h r 0 , lI F¢ wM skur,R r- ,. r.{!. .„,,."° --..t, 11 �� d If ,.' a Gao�r-- - ,'a ' ,g4,,,-- u°i� , i Fir- . 4- r/ r ._JCS , 4.07::".as`o � d' `S"�(tFit ��i�' 'N � y "'"„�.' ��) vrM,fsucH ry a 4, (f Ho L r✓f* :a r/ I _ " . ��Pi1r41 rip ?U S. �{ ^ e rn E. IN'© ,. '`lam i n�ak 3 /o .ciff / .,. U.5+ KO,ms`^-,= The 1972 Metsker's Atlas of Deschutes County of the southeast portion of Township 16 Range 12 shows a dramatic increase in subdivisions and development in the vicinity of the subject site. The formerly 40, 80 and 160-acre parcels are now broken up into hundreds of residential lots as small as one acre. James R. Low sold his homestead in 1943. This map shows Vietta A. Barrett, George Barrett, Arthur Raymond, Lestor Walton and William K. Charlesworth are owners of the six parcels that previously comprised James R. Low's 160-acre homestead. Nearly four square miles on the north side of Nichols Market Road (now called Tumalo Road) on and around Long Butte is subdivided into Whispering Pines Estates and various additions to it. Glacier View Subdivision and the first addition to it are platted on a former 160 homestead 1.25 mile west of the subject property. Eighty acres 1 mile west of Low's former land in Section 27 is subdivided into Rancho El Sereno. Many roads continue to converge on Deschutes Junction: Nichols Market Road, the Dalles-California Highway, Horner Road, Morrill Road, McGrath Road, and two unnamed roads. The vicinity of the subject property is committed to urbanization at this point in time. Page 104 of 104 Paul Blikstad From: Carol Macbeth carol @centraloregonlandwatch.org> Sent: Monday, November 23, 2015 9:45 AM To: Paul Blikstad; Peter Gutowsky Subject: COLW Comments Aceti Attachments: Attachment 1- Increased Global Demand for Hay Exports from Western States.pdf; Attachment 2 USDA Weekly Hay Report Nov. 20, 2015.pdf; Attachment 3 Capital Press, No Place to Graze.pdf; Attachment 4 DLCD Guide Resource Land Capability Challenges.pdf;Attachment 5 NRCS Upper Deschutes Hydrologic Unit.pdf; Figure 1 Aceti.png; Figure 2 Aceti.png; Figure 3 Aceti.png; Figure 4.png; Figure 5 Aceti.png; Figure 6.png; Figure 7.png; Figure 8 Class IILpng; Figure 9 Class VLpng; Figure 10 swaths of soil types.png; Figure 11 lateral.png; Figure 12 ZONING.png; Figure 13.png; Figure 14.png; Final Comments Colw.doc Hello Paul and Peter, Attached please find our comments on the Aceti application. We will print these out hard copy for submission by 5 PM today. Best regards, Carol Macbeth COLW 503.560.4874 t r I\t` CENTR OREGON ;} ... . :, LANDWATCH F , www.centralorogonlandwotch org November 23, 2015 Deschutes County Board of Commissioners 117 N W Lafayette Avenue Bend, OR 97701 Delivered by hand RE: File Nos. 247-14-00045-ZC; 247-14-000457-PA Dear Deschutes County Board of Commissioners, On behalf of Central Oregon LandWatch thank you for the opportunity to comment on the above-referenced application for a plan amendment, zone change and goal exception for a 21.59 irrigated hay farm with 19.71 acres of water rights. The subject property has been used by successive generations of farmers since 1905, including the applicant, to produce grass hay and other irrigated crops. We respectfully urge you to deny the application for the reasons outlined below. Background Throughout 1996 and 1997 the Bend Bulletin reported on Deschutes County's ongoing challenge to rebuild the deadly intersection at Deschutes Junction. By the end of 1996, the design for the new intersection was approved, the funding was in place, and negotiations with most surrounding landowners were concluded. According to the Bulletin, "the only thing standing in the way of the $3.9 million project' tin late 1996 was a hay farmer, who demanded extensive mitigation from Deschutes County and the state of Oregon to permit the continued integrated use of his farm to grow irrigated crops, specifically grass hay. Negotiations with the hay farmer continued for weeks, then months. The hay farmer would not settle with the county until the Board of Commissioners agreed to ensure that even after a new highway access road crossed his hay farm, the hay farmer's irrigated cropland would continue to function as an integrated whole.2 The hay farm had been in use for irrigated agriculture since approximately 1905.3 The hay farm was irrigated with a single wheel line, but after the property was bisected, the property would need another wheel line or a hand line, according to the hay farmer who, along with his family, had been irrigating the property since the 1950's.4 Sec Figures 1 and 2, a recent aerial r Michelle L. Klampe,Bend Bulletin,Nov. 14, 1996, 2 Deschutes County CU-96-45,Deschutes Market Interchange,Letter from Sharon Smith,Bryan, Lovlien,&Jarvis, on behalf of Applicants Deschutes County Public Works Department.July 31, 1996,and associated materials. 3 Deschutes County 247-14-00045-ZC;247-14-000457-PA,Decision of the Deschutes County hearings Officer, July 14,2015 (1-10 Decision), 14-16. 4 Deschutes County CU-96-45,Deschutes Market Interchange,Deschutes County Public Hearing,July 16, 1996, Gary Barrett testimony(hay farmer whose farm originally encompassed the subject property and surrounding lands and whose family irrigated the subject property for irrigated cropland for four decades beginning in the 1950's,a party to the 1997 Deschutes County Settlement Agreement);See Id. photograph of the hay farm, 2009, showing the new road, and a 1995 aerial photograph of the hay farm just prior to the new road. The hay farmer's demands to the Deschutes County Board of Commissioners included mitigation for the cost of revising the irrigation system and multiple other costly elements, as explained in contemporaneous Deschutes County records,5 including: 1) relocate the entrance to the hay farm; 2) construct a new turn lane at the new entrance to the hay farm sufficient to accommodate 90-foot hay trucks; 3) place a multi-stranded barbed wire fence across the property fronting Tumalo Road and Deschutes Market Road; 4) install metal gates at three different locations; 5) build a box culvert 16-foot high by 16-foot wide, consisting of a concrete floor slab, walls, ceiling, and wing walls at no cost to the hay farmer, to allow farm equipment, irrigation lines, livestock, and hay trucks passage under the road from the north section to the south section; See Figure 3, box culvert under the road on the subject property; See Figure 4, an aerial photograph showing tracks in the hay stubble on the north and south sections of the subject property, showing where hay trucks have moved through the box culvert and created a track; 6) provide a utility pipe for electrical and telephone connections under the new road; 7) provide a culvert pipe under the existing Tumalo Road and under the relocated road at no cost to the hay farmer to accommodate extension of water lines and related utilities and revise the then-existing irrigation system to defray the costs of"tapping into the existing water line and running said line in the culvert to the hay farm's northern boundary." See Figure 5 showing irrigation wheel lines at the northern boundary of the subject property. The hay farmer demanded these mitigation elements not only to mitigate for changes to operation of the hay farm as irrigated cropland, but also to mitigate for speculative harm for speculative future use of the subject property for livestock grazing.6 After months of negotiations the county agreed to pay over$110,000 in mitigation investments' to ensure the hay farm could continue to function as an integrated unit even after a 5 Deschutes County CU-96-45. Deschutes Market Interchange, Settlement Agreement, May 14, 1997, signed by the Chairwoman of the Deschutes County Board of Commissioners Nancy Pope Schlangen and Anthony J. Aceti and Gary Barrett. !d. In today's dollars, i.e. $75,000 in 1997. Michelle L.Klampe,Bend Bulletin,May 6, 1997, "Deschutes Junction Settled, Finally," "The agreement is expected to cost the county an estimated$75,000 in additional costs."That equates to over$110,000 in 2015 dollars. highway access road separated the northern end of the hay farm from the southern end of the hay farm. It wasn't easy for Deschutes County to come to terms with the hay farmer. As the Bend Bulletin reported: "Overpass Waits as Farmer Digs In:" "I The hay farmer], who has won several concessions from the county in the land-use process, now wants additional compensation in the site-acquisition process ....The county and the state fear that the agencies will, in effect, pay ...twice for one set of damages if they agree to his latest terms." Michelle L. Klampe, Bend Bulletin April 22, 1997. In an. April 30, 1997 letter to the Deschutes Board of Commissioners, the farmer wrote:8 "I am a farmer. I make my living growing and selling hay. You understand it is my duty to protect my property rights." General Comments The hay farmer described above is the applicant, Anthony J. Aceti. See Figure 6, a photograph of the applicant from the Bend Bulletin in 1996, showing the applicant sitting on bales of grass hay.`' The hay farm described above is the subject property, a 21.59 acre farm in Deschutes County's EFU zone. See Figures 1 and 7, recent aerial photographs of the subject hay farm. Except for the bisection of the property by the new road, the circumstances on and around the subject property remained unchanged, as can be seen by comparing Figure 1, a recent aerial photograph, with Figure 2, a 1995 aerial photograph. There is no visible change in road networks, surrounding land uses, or any other feature. There is no evidence that anything about the land itself, including its soils, have changed: it remains the same land used by successive generations of farmers beginning in 1905 for irrigated agriculture. As Figures 1 and 2 show, the surrounding lands are indistinguishable now from what they were in 1995 with the sole exception of the new road. The new road was already in place when a Deschutes County Hearings Officer for MC-02-121° found that the soils on both parts of the subject property were in agricultural production for hay. The Hearings Officer in 2002 correctly found evidence of the shallowness of the soils in the northern portion of the property irrelevant to whether the land was suitable for production of irrigated crops. The 2002 Hearings Officer quoted an earlier 1997 Hearings Officer decision on the same matter. Both the 1997 and 2002 decisions concluded there was nothing in the record to indicate the southern and northern portions could not both be irrigated and maintained in hay production. The 2002 HO decision quoted the 1997 decision as follows:" "The record indicates this area is level, clear of trees, currently is irrigated, and is in hay production. The applicant argues this area is not suitable for farming because it has shallow, rocky soil. However, there is nothing in the record to indicate the soils in this area are different from those on the rest of the property on which hay is being produced. The applicant also argues he would not be able to irrigate this area because of its 8 Deschutes County CU-96-45, Deschutes Market Interchange records Bend Bulletin,Nov. 14, 1996. w Deschutes County MC-02-12,Decision of Deschutes County Hearings Officer, October 29,2002. 11 Id. separation from the southern part of the site due to the planned interchange alignment. The Hearings Officer disagrees. Unlike the storage/display area proposed for the northeastern western portion of the site, which is located in a relatively small space between the second hay barn and the planned interchange right-of-way, making its irrigation very difficult, the proposed storage/display area adjacent to Highway 97 is in a much larger, open portion of the site. There is nothing in the record to indicate this area could not be irrigated and maintained in hay production. " The 2002 l learings Officer noted that the applicant's 2002 soils consultant dug a number of soil pits to analyze the soils,just as the applicant's current soils consultant did; both consultants concluded that the soils on the irrigated land to the north are shallower and less productive that those to the south currently in irrigated hay production. Nevertheless the 2002 Hearings Officer found the soils report data unpersuasive: "While the soils on the northern irrigated area are less deep and productive than the soils on the southern irrigated area, nevertheless they are in hay production. Therefore, I cannot find the northern irrigated area is the least suitable for the production of farm crops and livestock." As we explain in detail below, the subject farm is unchanged front 1997 and 2002 with respect to suitability for farm or agricultural use. We urge the Board to find, as the County's hearings officers did in both 1997 and 2002, that the entire property, connected as it is through the expensive box culvert, is agricultural land suitable for continued use as it has historically been used, for irrigated hay production. The subject property is suitable for farm used based on the seven factors of OAR 660- 033-0020: soil fertility; suitability for grazing; climatic conditions; existing and future availability of water for farm irrigation purposes; existing land use patterns; technological and. energy inputs required; and accepted farming practices. Therefore the application should be denied. Our specific comments are below. Specific Comments Agricultural land The applicant is requesting approval of a plan amendment and zone change for the subject property on the basis that it does not constitute "agricultural land" requiring protection under Goal 3. As the Oregon Supreme Court has explained, ORS 215.243 provides in part that open land used for agricultural use is an efficient means of conserving natural resources that constitute an important physical, social, aesthetic and economic asset to all of the people of this state. The preservation of a maximum amount of the limited supply of agricultural land is necessary to the conservation of the state's economic resources and the preservation of such land in large blocks is necessary in maintaining the agricultural economy of the state and for the assurance of adequate, healthful and nutritious food for the people of this state and nation. Expansion of urban development into rural areas is a matter of public concern. Exclusive farm use zoning as provided by law, substantially limits alternatives to the use of rural land. Wetherell v. Douglas County, 342 Or 666, 676 (2007); Smith v. Clackamas County, 313 Or 519, 522 (1992). 4$; w The standards and procedures for identifying and inventorying agricultural land are found in OAR Chapter 660, Division 33)2 The purpose of OAR 660-033-0010 is to preserve and maintain agricultural lands as defined by Goal 3 for farm use, and to implement ORS 215.203 through 215.327 and 215.438 through 215.459 and 215.700 through 215.799. Goal 3 defines "agricultural land" in relevant part as follows: "Agricultural land - * * * in eastern Oregon is land of predominantly Class I, II, III, 1V, V and VI soils as identified in the Soil Capability Classification System of the United States Soil Conservation Service, and other lands which are suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm irrigation purposes, existing land-use patterns, technological and energy inputs required, or accepted farming practices. Lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands, shall be included as agricultural land in any event." More detailed soil data to define agricultural land may be utilized by local governments if such. data permit achievement of this goal. Soil fertility Under the above definition, which is mirrored in the Goal 3 administrative rules (OAR 660-033-0020), "agricultural land" consists of: o Land that is predominantly Class 1-VI soils in Eastern Oregon unless a goal exception is merited; o Land that is predominantly Class VII and VIII soils and that is "suitable for farm use" considering the factors set forth in OAR 660-033-0020(1)(a)(B); o Land that is necessary to permit farm practices on adjacent or nearby agricultural lands; and o Class VII and Class VIII land that is adjacent to or intermingled with Class I-VI land within a farm unit. The most recent NRCS soils data indicate the subject property is 100% Class III when irrigated and 100% Class VI when not irrigated. See Figures 8 and 9. Because the applicant has water rights for 19.71 acres, the relevant question here is whether the subject property is generally unsuitable for farm use or production of farm crops and livestock with the irrigation rights, that is, with irrigation, which renders the soils Class III. As LUBA explained in Peterson v. Crook County, 49 Or. LUBA 223 (2005), "If it is feasible to transfer irrigation rights back to the property, the county must consider whether the property is generally unsuitable for the production of farm crops and livestock with those irrigation rights." As LUBA similarly explained in Doob v. Josephine County, 31 Or. LUBA 275 (1996), "Given that the SCS soil survey rates soils on the site as Class III when irrigated, the county must consider the potential for achieving Class III soils on the parcel. This requires the county to, at a minimum, consider in its evaluation of the soils, the feasibility of providing irrigation to the parcel." 12 Deschutes County MC-02-12, Decision.of Deschutes County Hearings Officer,October 29,2002. '4'14%croft ...: ...i. .:,, .....,. ,. r:r ..:. •. ,ter ..., .. .,. ,, ... As a threshold matter the applicant's soils report cannot challenge the NRCS soil capability classifications on the subject property because the soils report did not establish that NRCS data for the site are inaccurate. The soils report states that NRCS data are not as detailed as the applicant's report, however there is no argument or evidence that the NRCS data are inaccurate. See Attachment 4: DLCD Guide to Resource Land Capability Challenges, June, 2012. According to DLCD, NRCS soil capability may only be challenged when NRCS data are determined to be inaccurate. The applicant has not met this burden. There is no evidence that the NRCS classification of the soils as Class III when irrigated is inaccurate. To the contrary, the NRCS classification accords precisely with the weight of evidence in the record that the subject soils were used for irrigated cropland from 1905 till 2002. Simply because the applicant may have collected more samples than NRCS does not mean applicant's results are more accurate. The NRCS could obtain the same results with fewer samples where, as here, the relevant soil types are spread out over wide swaths of land. See Figure 10 showing the soil types on the surrounding lands. The applicant's soils report determined that the land is composed of 80% Class VII and Class VIII soils.13 This is surprising. As the attached NRCS Upper Deschutes 8-Digit Hydrologic Unit Profile explains, 0% of the 60,000 irrigated acres of farmland in Deschutes County are in NRCS capability Class VII or Class VIII. Attachment 5. In fact, 0%of Deschutes County irrigated farmland soils are NRCS capability Class I, Class II, Class V, Class VII, or Class VIII. In short, the sole capability classifications on irrigated. farmland in Deschutes County are Classes III, IV, and VI. There is no question that the subject property is "irrigated:" the applicant holds 19.71 acres of water rights from Swalley Irrigation district. The applicant's refusal to irrigate his lands is irrelevant to a legal determination that the subject property is irrigated. It is difficult to understand how even a First Order soil study could find a soil classification that, according to the NRCS, is not present on even a single square foot of Deschutes County irrigated land. According to documents in the applicant's burden of proof,14 the soils on the subject property are of volcanic origins and prior to 1960 the area was highly modified from natural conditions: "Prior to 1960 this area was highly modified from natural conditions. Shallow soil and rock outcroppings in the higher landscape position were removed and leveled and moderately deep soils were used as fill and overburden for rocky areas. This activity resulted in concave depressions now having shallow and moderately deep soils and convex areas having shallow and very shallow soils with some rock outcrops. The area was then smoothed, planted to grass [hay] and sprinkler irrigated with a wheel-line system."16 These variable depth areas are visible in Figure 2, an aerial photograph from 1995. They appear as light areas in a field of irrigated grass hay, the entirety of which has been irrigated and cropped for grass hay and other forage since approximately 1905. Whatever effect these shallow 13 HO Decision, 10. 14 Agricultural Soils Capability Assessment for Anthony Aceti,21235 Tumalo Place,Bend,Or.,2, May 8,2012. 15Id. 16 1d. or rock areas had, they did not prevent the property from being used by a successive line of hay farmers from 1905 up to and including the applicant. The County should find that this is "agricultural land" whether as NRCS states it is Class III, irrigated, or just "land that is predominantly Class VII and VIII soils and that is "suitable for farm use" considering the factors set forth in OAR 660-033-0020(1)(a)(B). Whatever the capability class of the soils on the subject property, since 1905 farmers have invested in watering, seeding and irrigating the land and have harvested hay or other agricultural crops. As discussed above, according to the record for Deschutes County CU-96-45, in 1996 the applicant put substantial funds into rehabilitation of the subject property in order to obtain a higher quality forage. The applicant knew about the irrigated farming history of the property from his neighbor and predecessor farmer, whose family had irrigated the property since the 1950's: "In fact this year both our properties, which is G.B. Ranch which is contiguous to this and Mr. Aceti,just got done putting substantial funds into rehabilitation sic the property so that we could put in a higher quality forage...We have irrigated that property since the early 50's, my family and then me as 1 have grown up..."" To summarize, the applicant's determination that the soils on the subject property are 80% Class VII and Class VIII on this irrigated cropland is surprising and appears to be incorrect given that this is irrigated cropland and has been since approximately 1905, and that according to the NRCS there is 0% Class VII and 0% Class VIII soils on irrigated cropland in the entire county. If the soils report is correct then the soils report proves that Class VII and Class VIII soils in Deschutes County are agricultural soils capable of growing irrigated hay. It does not show that the subject property is nonresourcc land. Therefore the application should be denied. Suitability for grazing Farm use is not limited to irrigated use. Nothing about the subject property indicates that it could not be used for livestock grazing, dry pasture, boarding and training of horses, or any of the dozens of other farm uses currently practiced in Deschutes County. By definition Class VII soils are suitable for grazing, an agricultural use. In 1997 the applicant demanded, and obtained, a costly box culvert under the new road for the express purpose of ensuring future use of the subject property for livestock production would be possible even after the new road was built.'$ The applicant, and Deschutes County, must have been sure of the suitability of the subject property for livestock grazing after the new road was built or the County would not have agreed to the expensive mitigation elements to support that use.'$ Existing and future availability of water The applicant's 19.71 acres of water rights are from Swalley Irrigation District.20 Swalley Irrigation District delivers water to the applicant today via the Deschutes Lateral,just as it did in "Deschutes County CU-96 45,Deschutes Market Interchange,Deschutes County Public Hearing,July 16, 1996,. Gary Barrett testimony. 18 Deschutes County CU-96-45. Deschutes Market Interchange, Settlement Agreement,May 14, 1997, signed by the Chairwoman of the Deschutes County Board of Commissioners Nancy Pope Schlangen and Anthony J. Aceti and Gary Barrett. 19 See supra n. 5 and accompanying text. 20 HO decision, 13;HO Decision, 15,Letter from Swalley Irrigation District: "[Witten you wish to use your water it will be delivered from Gate #0040 on the Swalley Deschutes Lateral." 1996-1997 when the applicant described himself as a hay farmer and was using the land for production of grass hay during his extended negotiations with the Deschutes County Board of Commissioners. See Figure I I showing the Deschutes Lateral runs within feet of the southern boundary of the subject property. The applicant must have had an easement from the Deschutes Lateral during the 1996- 1997 negotiations, when Gary Barrett stated that he and the applicant had made extensive improvements in the property for the express purpose of producing quality forage.21 Gary Barrett, along with the applicant, signed the Settlement Agreement with the Deschutes County Board of Commissioners.z2 Because the applicant clearly had an easement for such water delivery in 1996 and 1997 when the entire property was irrigated from the Deschutes Lateral, such an easement is possible. According to the Hearings Officer's decision in the present ease, a 1996 aerial in the record shows the property was irrigated in 1996.23 According to a 1997 Hearings Officer decision quoted in the 2002 HO Decision, in 1997 the north and south portions of the property were currently irrigated and in hay production.24 Therefore the applicant must have had an easement for irrigation since the time the applicant acquired the property in 1995. Despite extensive information in the record considering applicant's difficulties in obtaining water for irrigation, there is no evidence that the applicant cannot use water on both portions from the Deschutes Lateral. The Deschutes Lateral, from the beginning of the last century to the present day, provides water to within several feet of the southern edge of the subject property and has been used by every farmer on the land from 1905 up to and including the applicant to irrigate the subject hay farm. 1-10, 13-14. See Figure 11, an NRCS aerial photograph, which clearly shows the Deschutes Lateral in blue to the southwest of the subject property. See also Figures 1 and 7 which also clearly show the vegetation along the Deschutes Lateral and the proximity of the lateral to the subject hay farm. According to Swalley Irrigation District staff(oral communication) it is commonplace for farmers to enter into private agreements to share ditches off the end of lateral canals. Gary Barrett was the owner of G. B. Ranch, a 120-acre ranch that encompassed the subject property until he sold it to Mr. Aceti in 1995. Gary Barrett and his family irrigated the subject property and harvested grass hay on the property and surrounding lands for at least four decades beginning in the 1950's. In 1996 Gary Barrett explained that the new road would require irrigation to be accomplished with a combination of wheel lines and a hand line: "I represent three families that are farm agriculture. We have properties that are contiguous to Mr. Aceti's property, so we're down in this quadrant here. Last year we owned Tax Lot 201. Mr. Aceti purchased that from us. The understanding was and is that it is agriculturally zoned property. There are a number of problems that we see with changing that property. One problem that we can see right away.... First of all, you're changing 201 into a diamond shape on one end and then where the hay barn is currently, you are changing it into a triangle. Right now, Mr. Aceti has about a quarter mile of irrigation wheel line which is a one-man operation, You start the motor and move the wheel line down and you got your property covered over a period of time. " 21 See supra note 16. 22 Id. 23 HO Decision, 15 24 See supra n. 10 and accompanying text. "[T]his year both our properties, which is G.B. Ranch which is contiguous to this and Mr. Aceti,just got done putting substantial funds into rehabilitation sic the property so that we could put in a higher quality forage..." "We have irrigated that property since the early '50's. my family and then me as I have grown up..." "It is a flat piece of property fairly rock free and tree free." "The issue that we addressed last hearing was the fact that we felt more comfortable with a direction ([or the interchange] more towards Redmond. There were three proposal on the table at that point....if you go towards Redmond and the area there, you now have more rocky terrain and less agriculturally used. It was my understanding that there were already - in inventory from the State or County that could have been utilized for that purpose [i.e. for the interchange.] We now have to be the parties that have the highway over pristine agricultural property, to suffer with for the rest of our lives." "[In order to irrigate after the road goes in] You would have to go to a hand line situation. You get more labor intensive. You may have to hire another person to help you do it. Because, with a wheel line you basically start the motor roll it over 4 times, hook back up your hoses and you are back in business. It lowers the cost. Of course in agriculture you are trying to lower your cost of operation." Deschutes County CU-96-45, Deschutes Market Interchange, Deschutes County Public Hearing, July 16, 1996, Gary Barrett testimony. The above testimony of Gary Barrett directly contradicts the applicant's testimony as quoted in the Hearings Officer's decision in this case. The applicant stated that he couldn't get irrigation water to the site, and even if he could, the new road made any hand line sprinkler system layout impractical.25 The farmer who irrigated the land before him and two Deschutes Hearings officers disagree. The 1997 Hearings Officer, a 2002 Hearings Officer, and Gary Barrett, whose family irrigated this land for decades and who knew exactly the size, area, and shape of the resulting parcels after the new road went in, all stated that continued irrigation after the road is possible. Gary Barrett was intimately familiar with the irrigation needs of the subject property and uniquely qualified to discuss the impact of the new road and the means for irrigating the subject hay farm once the new road went in. As Gary Barrett explained in detail, the new road would necessitate going to a hand line at greater expense. There is no practical reason the applicant cannot proceed as Gary Barrett described using the utility lines and box culvert built for that express purpose.26 The applicant's signature on the 1997 settlement agreement is substantial evidence that the applicant accepted the mitigation elements as compensation to account for the increased costs of irrigation such as using a hand line. 25 HO Decision, 16. 26 See supra,n.4 and accompanying text. Farm units: lands in capability classes other than 1-VI that is adjacent to or intermingled with lands in Capability Classes I-VI within a farm unit shall be inventoried as agricultural lands even though this land may not be cropped or grazed The subject property was formerly part of a single farm unit: the 160-acre Low homestead, and later the 120-acre Barrett Ranch. See figures 1, 7, and 12. Based on evidence in the record the original Barrett Ranch was comprised of 120 acres of land including the subject parcel and the parcel to the west and southwest. These lands remain zoned EFU today. Where, as here, a parcel of non-Class I-VI soils has been managed as part of a farm unit for almost a century, then historical joint management is relevant to determining whether the property remains part of a farm unit. As the Court of Appeals explained in Riggs v. Douglas County, 167 Ore. App. 1, 7 (2000), if this were not so: "No matter how long a parcel of non-Class I-IV soils had been managed with adjacent lands as part of a farm unit, it could simply be sold to a developer, and once that developer had ceased joint farm management operations, the parcel would be free of the OAR 660-033-0020(1)(b) requirement to protect 'intermingled lands' that are part of a farm unit, and the developer could claim it was non-agricultural land." Here, the property, if it does have Class VII and VIII soils, should be considered as intermingled lands of the larger Barrett or G.B. Ranch, necessary for farm practices on the whole farm unit, and therefore agricultural land. Profitability In a recent agricultural land case27 the County Board of Commissioners found that farming in Deschutes County may not necessarily garner a large profit margin. The commissioners quoted from the county's comprehensive plan, including the following excerpt p. 9. Sec. 2.2, Agricultural Lands: "Farm lands contribute to the County in a number of ways. Agriculture is part of the ongoing local economy. Wide-open farm lands offer a secondary benefit by providing scenic open spaces that help attract tourist dollars. Farm lands also contribute to the local character that is often mentioned as important to residents. Finally, it should be noted that agricultural lands are preserved through State policy and land use law because it is difficult to predict what agricultural opportunities might arise, and once fragmented, the opportunity to farm may be lost." Here, except for a conclusory statement about the amount of land required to support a family with a hay crop - evidence that is unrelated to any relevant legal standard - there is no evidence in the Hearings Officer's decision that the returns for hay or livestock grazing, both possible uses of the subject property, have changed for the worse. 'There is extensive evidence to the contrary. A recent report from the U.C. Cooperative Extension Service describes the increasing global demand for alfalfa and other forage from western states.28 The following are excerpts from the attached report: "Hay has historically been grown a short distance from the animals it feeds. But hay is increasingly moving overseas. The advent of inexpensive containerized shipping, 27 Deschutes County PA-13-1,ZC-13-1,Decision of the Board of County Commissioners,July 9,2014. 28 Daniel H. Putnam,William Matthews, Daniel A. Sumner, Alfalfa.and Forage News,U.C.Cooperative Extension Service,November 1,2013. Attachment 1. µ am technology for compression of hay and growing world demand has changed the equation, at least for the Western United States. Currently, the equivalent of over 12% of the alfalfa and over 30% of grassy hays produced in the seven western states are exported." "Dramatic Increase over 5 Years: Overall volume of U.S. hay exports have increased by over 60 percent since 2007. This increase is largely due to growth in two markets: United Arab Emirates and China." "Exports are even more important for grass hays. Over 30% of western grass hay production is shipped overseas. While grassy hays (e.g. timothy, Sudan grass, orchard grass, Klein grass) are nearly half of the exports from Western states, they are less than 'A of the production in this region." "While exports are not a dominant component of hay demand nationally, it is increasingly important in the West. The rapid increase in hay export importance reflects globalization of diets, and globalization of our food system generally. These data illustrate the historical progression of alfalfa and other hay from being grown and fed on- farm,to being traded locally,to long-distance transport, and then to a crop traded internationally." "[T]he confluence of: 1) generally high quality of Western-grown US hay; 2) technology for hay handling that reduces cost of shipping; 3) efficient and inexpensive modes of ocean shipping; 4) demand for high quality milk and meat products in new markets; and 5) scarcity of land or water in many regions, provides a set of circumstances that likely to further increase the importance of Western US hay exports in the future." Note that a factor contributing to the high international demand for hay is the scarcity of land in many regions. Just as the Board observed in an agricultural land decision last year, Oregon's policy of protecting its agricultural land base is designed to meet unpredicted shifts in agricultural demand, for example when land previously not considered high value becomes high value. Locally, the price for Deschutes County hay or alfalfa ranges from $230/ton for good alfalfa to $270/ton for premium orchard grass. See Attachment 2, USDA Hay Prices for Deschutes County,Nov. 20, 2015. The applicant has 19.71, or approximately 20 acres of water rights from Swalley Irrigation District. If the applicant reasonably managed the subject farm to obtain the average Deschutes County yield of 4-5 tons of hay per acre, then the property could produce (20 acres)*(5 tons/acre)-----100 tons. Given that each ton, according to the USDA, is worth a weighted average of approximately $255, that would yield the applicant (100 tons)*($255/ton)=$25,500 dollars. Livestock grazing is the single most economically important agricultural use in Deschutes County. According to a recent story in the Capital Press, cattle prices are at an all time high while the supply of private pasture land is at an all time low. Attachment 3, John. O'Connell, "No Place to Graze," Capital Press, May 22, 2014. 40,t„.,m ; The Capital Press reports that private pasture is "extremely costly and hard to find" and that because "cattle prices are at record highs," western ranchers would "like to expand their herds, but pasture is in short supply and exceedingly expensive." The story features a Dufur rancher who leases private pasture on Deschutes River Ranch. While profitability is one factor in reviewing agricultural land determinations, it is not the only or the most important factor. The other factors listed above also determine whether the subject property is agricultural land. Here, a profit in money can be obtained from harvesting grass hay, which according to the evidence in the record has been harvested by every farmer on the land since 1905, up to and including the applicant. If irrigation were not feasible, which it is, the land could still be used for private pasture or other farm uses. It is unclear why successive generations of farmers since 1905 would invest in transferring water from the Deschutes River to the subject property, sowing hay seed, fertilizing the soil, and cutting the hay year after year, if there were no financial profit to be obtained by doing so. Changed circumstances The applicant himself has used the subject property for growing grass hay, up until at least 2002, according to Deschutes County Hearings Officer Decisions in 1997 and 2002.29 There is no evidence in the record of any changes in the subject land to alter its suitability for agricultural use. There is no evidence to support the Hearings Officer's statement that the overpass resulted in an "adverse change in soil." Circumstances relevant to farming have not changed on the subject property at all. It is incorrect to say that circumstances have changed since this farm was used in its entirety for irrigated cropland except for the addition of a road bisecting the property, the effects of which have been fully mitigated. It is incorrect that the new road "resulted in a lack of irrigation water." There is no evidence the applicant could not use the culverts beneath the new road and a combination of wheel lines and hand lines to irrigated the subject property and there is no indication the applicant tried to incorporate this approach. The Hearings Officer's Decision is factually inaccurate in its description of allegedly changed circumstances. The attached aerial photographs demonstrate that the landscape surrounding the hay farm is visually identical in 2009, Figure 1, and 1995, Figure 2. For example the presence of the school to the west is listed as a "changed circumstance" but the 1995 aerial photograph shows the Seventh Day Adventist School was already present when the county's road bisected the property. For example commercial, or industrial, or wholesale, or retail businesses do not "surround" the property on its northern or eastern side- the eastern boundary was and is Highway 97; the northern boundary was and is rural residential lands: such lands were and are wholly compatible with farming use on the property. The circumstances are manifestly unchanged since 1996. when the Deschutes County Public Works Department described the southwest quadrant of Deschutes Junction including the subject property as follows:° "The southwest quadrant of the intersection is zoned EFU-Exclusive farm use, and is composed of level, irrigated farm land. There is a very large hay storage structure on tax lot 201, and several other smaller irrigated acreages with dwellings beyond... 29 Deschutes County MC-02-12, Decision of Deschutes County Hearings Officer,October 29,2002, 30 Deschutes County CU-96-45.Deschutes Market Interchange, Deschutes County Public Works Department Burden of Proof, 1996. All alternatives will require the acquisition of some EFU land. The proposed alternative has the least amount of EFU land. It also takes the least amount of MUA 10 land, which although not resource land, in many cases is utilized for farming in the community. The proposed alternative does transect the EFU lands West and South of the Intersection. However, access will be provided to both pieces of Tax. Lot 201, which will be separated by the elevated Interchange. The current utilization of such property is for a grass hay operation. The property will still be able to be utilized for that purpose after the construction is complete." (Emphasis added) In 1996-1997, the Deschutes County Public Works Department Staff and the County Board of Commissioners recognized the subject property as level, irrigated farmland used for production of grass hay. Deschutes County was so sure the subject property was irrigated, productive farmland that the commissioners invested over $110,000 of taxpayer money' in mitigation elements to ensure that irrigated farm use could continue on the EFU-zoned subject property into the future after the new road crossed the hay farm. Specifically, the County invested over $110,000 of taxpayer money to ensure that after an elevated road crossed the subject property, the property could continue to function as an integrated irrigated farm unit, by providing multiple mitigation elements including, again: 1) a large box culvert, illustrated in Figure 3,that permits the movement of farm equipment, irrigation lines, hay trucks, and livestock between the southern and northern parts of the irrigated hay farm; 2) a culvert pipe under the existing Tumalo Road and under the relocated road at no cost to the hay farmer to accommodate extension of water lines and related utilities and revise the then-existing irrigation system to defray the costs of"tapping into the existing water line and running said line in the culvert to the hay farm's northern boundary." See Figure 5 showing irrigation wheel lines at the northern boundary of the subject property. The surrounding land in all directions was zoned EFU in 1997 and is zoned EFU now as shown clearly in Figure 12. The sole exception is a fraction of Rural Commercial lands to the NE and MUA 1.0 lands across the northern edge. As the Deschutes County Public Works Department explained in 1997, in many cases the MUA 10 lands to the north, even though they are not resource lands, are still used for farming: "The proposed alternative has the least amount of EFU land. It also takes the least amount of MUA 10 land, which although not resource land, in many cases is utilized for farming in the community." By comparing area zoning in Figure 12 and recent aerial photographs in Figures 1 and 7 it can be see that many lands zoned MUA 10 near the subject property are in irrigated agriculture. The bases for the Hearings Officer's decision that the subject property is not agricultural land are devoid of legal merit. The Hearings Officer found: "The property is unsuitable for farm use considering, among other things, difficulties associated with irrigating the subject property,...the surrounding road network, impacts of nearby heavy traffic and transportation, impacts on the subject property of the expansion 3' In 2015 dollars,see supra NOTE XXX. of Highway 97, the bisection of the property with the construction of Tumalo Road, surrounding commercial and industrial uses, the lack of surrounding farm uses, and the relatively small size of the parcel..." These factors do not provide a legal basis for finding the land is not resource land. First, there is or should be no difficulty associated with irrigating the subject property according to the applicant himself, whose signature on the 1997. settlement agreement with Deschutes County indicated his acceptance of mitigation, $110,000 worth of improvements in today's dollars. The improvements the applicant accepted included the 16x16 foot concrete box culvert to connect the northern and southern half of the property, shown in Figure 3, and compensation to revise the irrigation system "tapping into the existing water line and running said line in the culvert to the northern boundary of the Aceti property." If after the applicant received these costly mitigation elements in 1997 the applicant did not in fact revise the irrigation system to run the water line to the northern boundary of the Aceti property, it is not because such irrigation is not possible but because the applicant did not choose to apply irrigation. Second, comparison of Figures 1 and 2 show except for the bisecting road that has been fully mitigated there is no visible change to the surrounding road network, the impacts of nearby heavy traffic and transportation or expansion of Highway 97 since 1995. According to the HO Decision itself, Highway 97 was expanded in 1991, but the applicant did not acquire the subject property until 1995. HO Decision 13,14. The expansion of Highway 97 could not constitute a "changed circumstance" since the time in 1996-1997 that according to the evidence in the record for Deschutes County CU-96-45 the applicant was a hay farmer actively engaged in farming or leasing the entirety of the subject parcel from north to south for farm use. See Figure 2 which shows the entire parcel was an irrigated hay field in 1995; see generally Deschutes County CU- 96-45. Moreover working farmland across Oregon is visibly unaffected by proximity to larger highways than Highway 97. The Willamette Valley is the most productive agricultural land in the state and 1-5 runs up the center of the valley. Working vineyards, orchards, cropland, pastures, nurseries, and tree farms can be seen growing within a few feet of the six-lane interstate highway. Third, as shown in Figures 1, 7 and 12 there are no surrounding industrial or commercial uses except the few acres or less that are zoned Rural Commercial to the NE. There is no evidence that this Rural Commercial land prevents the applicant's farm use. In the absence of such evidence the mere existence of that Rural Commercial use, or of rural residential use, is not relevant to whether the subject property is resource land. As LUBA explained in 1000 Friends v. Clackamas County, if a county fails to address how small parcel ownerships would affect a particular area the conclusion that because properties were held in small ownership the use of the subject property as either agricultural or forest land was somehow prevented is unsupported.32 Even if the subject property were completely surrounded by such use that would not support a conclusion that the subject property is committed to nonresource use. Id. (the fact that a county designation of a 454-acre parcel as forest would result in an irregularly shaped forest area almost completely surrounded by developed rural areas, does not support a conclusion that the panel is committed to nonresource use.) 32 1000 Friends v. Clackamas County,3 Or. LUBA 281 (1981). Fourth, there is not a lack of surrounding farm use, as shown in the attached aerial photographs. On the contrary the vast majority of the lands to the west of the subject property33 are in use for irrigated agriculture. As the record in CU-96-45 establishes, and as clearly shown in aerial photographs from both 1995 and the present, much of the FM and MLJA-10 lands near the subject property within the boundaries of the Swalley Irrigation district appear to be in active farm use for irrigated agriculture. But even if they were not, unless MUA-10 or the lack of active farm use on nearby EFU lands prevent the subject property's use as resource land, county designation of the lands as MUA-10 does not support a conclusion that the subject property is committed to nonresource use. In 1995, 1996, and 1997, the applicant as the owner of the subject property applied irrigation water from the Deschutes Lateral to his hay farm to produce grass hay. Deschutes County CU-96-45. Having bought the land in 1995 the applicant clearly had an easement for the few feet between the end of the lateral and the subject property. See Figure 9, showing the end of the lateral canal no more than several dozen feet from the edge of the subject property. Since the applicant had such an easement or similar arrangement in 1995-1997, such an easement is physically possible. There is no evidence that the current owner of the intervening few dozen feet is unwilling to provide the applicant with an easement. The fact that the applicant did not purchase such an easement is irrelevant as long as such an easement is possible, as it obviously is. Other than a volcano, Mount Mazama, which last erupted 6500 years ago, and the smoothing out of the property and irrigation by wheel lines for planting with grass hay, there is no evidence the soils on the subject property have ever changed at all, except to be improved by agricultural management.34There is no evidence that the soils have changed since the last time they were in productive farm use: this is substantial evidence supporting a finding the land is agricultural, and not unsuitable for livestock grazing or other farm uses. As LUBA explained in Adams v. Jackson County: "Where property has been used for grazing and growing of hay in the past and there is no evidence that anything about the land has changed to make it generally unsuitable for those purposes, there is substantial evidence to support a finding that the property is not generally unsuitable for the production of livestock." 20 Or LUBA 398 (1991). Transportation Planning Rule The Transportation Planning Rule is not met where as here the conditions of approval are not shown to satisfy OAR 660-012-0060(4). Exceptions 33 The farm use compatibility of lands to the north,west,and south of the subject property are not divided from the subject property by Highway 97 and thus could be available for use in conjunction with the subject property, moreover the subject property forms the eastern boundary of the Swalley Irrigation District as shown in attached aerial photographs. 34 Agricultural Soils Capability Assessment for Anthony Aceti,21235 Tumalo Place,Bend, Or„2,May 8,2012 (stating that sometime before 1960 the soils on the subject property were smoothed,planted to grass and sprinkler irrigated,changes which increased,not decreased,the soils capability on the property) Ironically, during the protracted settlement agreements between the applicant and Deschutes County in 1996-1997 the applicant's counsel argued that the Deschutes Junction interchange should not be placed on the subject property, because Mr. Aceti's land is such good farmland, while other proposed locations are not as productive:35 "The other legal issue that I want to address briefly has to do with the a sic EFU process here and the exceptions process. I belatedly checked the file. To my knowledge on the north side of Tumalo Road, that is MUA 10 on the east side of 97, north of Deschutes Market Road. I am not sure how much of that is EFU or MUA 10, all I know is that it is not productive land, in the same sense, as Mr. Aceti's is. It is a consequence when you are looking at the EFU exceptions process on its face, it seems to me that there is no question that there are other lands available, immediately available for the project that would not involve the disturbance of an active EFU property." As the applicant's counsel stated, the subject property is productive farm land. The property does not qualify for either a reasons or irrevocably committed exception. The Hearings Officer's decision errs in stating that the subject property is "virtually surrounded by existing industrial development." HO Decision, 76. Instead, the property is surrounded by rural land uses, almost exclusively EFU, in all directions. See zoning map Nor is there substantial evidence to support the HO Officer's determination that "the subject property bears a greater relation to the existing industrial uses to the east...than to rural residential uses in the south and west." HO Decision, 73. A glance at Figures 1, 5, 7, 13, and 14 shows the subject property is simply a rural hay farm with a green barn and bears no resemblance to an industrial use. No irrevocably committed exception is available because as can be clearly seen from the attached aerial photographs of the subject property, the surrounding land uses remain as they have been for the decades, overwhelmingly agricultural and rural residential. There are no characteristic of the surrounding network of roads, or traffic, or other factors that qualify the subject property for a committed exception. The hearings officer's reliance on the traffic on area roads is not in and of itself sufficient to conclude commitment exists. 'There is no showing that traffic on a roadway invariably will turn otherwise farm property into nonresource land. The physical developments on and surrounding the subject property except to the northeast corner all occurred in accordance with Goal 3. None of the development is a sign that the land is irrevocably committed to nonresource use. There is insufficient evidence to show that Deschutes County cannot meet its obligations under Goals 3-19 unless it takes the proposed exception. The application requires a fundamental shift in the County's comprehensive plan away from the Statewide Planning Goals. Exceptions are permitted deviations from state law and policy, and as LUBA said in VinCep v. Yamhill County, exceptions should be "exceptional": not granted lightly but only when facts and land use policy considerations justify them.36 55 Or LUBA 433, 449 (2007) (citing Friends of Oregon v. 35 Deschutes County CU-96-45,Deschutes Market Interchange,Deschutes County Public Hearing,July 16, 1996, testimony of Paul Speck representing Anthony J. Aceti. 36 OAR 660-004-0000(2)provides: "An exception is a decision to exclude certain land from the requirements of one or more applicable statewide goals in accordance with the process specified in Goal 2,Part II,Exceptions. The documentation for an exception must be set forth in a local government's comprehensive II LCDC, 69 Or App 717, 731 (1984)). Here, the applicant's rationale for approval essentially argues that the statewide planning goals that protect farmland for farm uses and direct urban development to land inside urban growth boundaries should not apply because, in essence, there is a highway to the east and the land is at an intersection. These conditions were not sufficient to change the zoning on the subject property in the past and are not changed since then. The subject property is surrounded, except to the north, by EFU land, which stretches on both sides of the highway. This is not a sufficient basis for an exception to Goals 3 and 14. This does not constitute a need for the proposed use. Goal 3 was enacted to preserve resource land "from. encroachment by urban and suburban sprawl by subordinating the free play of the marketplace to broader public policy objectives." Land is not excepted from a resource goal merely because somebody wants to place businesses on his farm land. See Still v. Marion County, 42 Or App 115, 122 (1979). The proposed businesses could be accommodated within the UGB. Many of the factors cited predate Goal 3 and cannot be used to justify the exception. Most importantly, the property has been in farm use since 1905. Except for changes in average parcel size, which does not matter in itself, nothing on the surrounding lands or on the subject property has changed in any way to preclude resource use on the subject property. The Hearings Officer erred in finding otherwise. As LUBA explained in 1000 Friends v. Clackamas County, 3 Or. LUBA 281 (1981): "Existing parcel sizes and their ownership must be considered together in relation to the land's actual use. Rural lands in farm and forest use have been assembled and disassembled for years. ...The mere fact that small parcels exist does not alone constitute a basis for commitment." The Hearings Officer did not explain why small ownerships nearby "commit" land to nonresource use. The existence of homesites nearby does not necessarily indicate that the subject property is lost to resource management. It may be that residents on the small acreages keep livestock or do intensive, small scale farming and would not interfere with farm or forest management. Id. The Hearings Officer erred in considering soil quality as relevant to the application of the irrevocable commitment test. HO Decision, 75-76. In general, the Hearings Officer's irrevocable commitment determination is unsupported because the facts in the record are directly at odds with the Hearings Officer's conclusions about adjacent uses, parcel size and ownership, public services, neighborhood and regional characteristics, natural boundaries, and other relevant factors. There are numerous factual inaccuracies regarding the nature of the surrounding lands and the subject property's characteristics. The land is shown in both aerial photographs and photographs to be a piece of regular farm ground surrounded, except by the highway to the east, by other properties that could be in active farm use, or rural uses fully compatible with farm use. The subject property could be used for irrigated agriculture, for livestock grazing, or for any other of a number of other farm uses such as equine training and boarding. Therefore no exceptions Aare available. plan. Such documentation must support a conclusion that the standards for an exception have been met. The conclusion shall be based on finding of fact supported by substantial evidence in the record of the local proceeding and by a statement of reasons which explain why the proposed use not allowed by the applicable goal should be provided for. The exceptions process is not to be used to indicate that a jurisdiction disagrees with a goal." Conclusion We urge you to deny the application for the reasons outlined above. Thank you for your attention to these views. Given the direct relevance of Deschutes County MC-02-12 and. CU-96- 45 to this proceeding, we request the county's records for those decisions, including negotiations for the 1997 settlement agreement, be made a part of the record for this application. Please consider this a formal request under ORS 197.615(2) for written notification of any decision in this matter. Best regards, Carol Macbeth • Central Oregon LandWatch 11/22/15,2:36 PM ML_GR313 Moses Lake, WA Fri Nov 20, 2015 USDA Market News ***THIS REPORT WILL NOT BE ISSUED NEXT WEEK, NOVEMBER 27 DUE TO THE HOLIDAY*** Oregon Weekly Hay Report Tons: 573 Last Week: 3559 Last Year: 6137 Compared to November 13: Prices trended generally steady compared to week ago prices. The upcoming holidays have slowed sales. Many producers have decided to hold on to their hay for now, in hopes for higher prices. Snow has hit some of the hay producing areas. All prices are in dollars per ton and FOB unless otherwise stated. Crook, Deschutes, Jefferson, Wasco Counties: Tons Price Range Wtd Avg Comments Alfalfa Small Square Premium 21 250.00-260.00 257.14 Retail/Stable Good/Premium 19 240.00-240.00 240.00 Retail/Stable Good 61 230.00-235.00 230.08 Retail/Stable Orchard Grass Small Square Premium 193 250.00-270.00 255.54 Retail/Stable Eastern Oregon: Tons Price Range Wtd Avg Comments Alfalfa Small Square Good 100 190.00-190.00 190.00 Klamath Basin: Tons Price Range Wtd Avg Comments Alfalfa Large Square Premium 75 210.00-210.00 210.00 Small Square Premium 50 220.00-220.00 220.00 Retail/Stable Lake County: Tons Price Range Wtd Avg Comments Alfalfa Small Square Good 28 250.00-250.00 250.00 Organic Alfalfa/Orchard Mix Small Square Premium 23 265.00-265.00 265.00 Organic Good 3 240.00-240.00 240.00 Organic Harney County: No New Sales Confirmed. Alfalfa hay test guidelines, (for domestic livestock use and not more than 10% grass) , used with visual appearance and intent of sale Quantitative factors are approximate and many factors can affect feeding value. http://www.ams.usda.gov/mnreports/ml_gr313.txt Page 1 of 2 11/22/15,2:36 PM ADF NDF RFV TDN-100% TDN-90% CP-100% Supreme <27 <34 >185 >62 >55.9 >22 Premium 27-29 34-36 170-185 60.5-62 54.5-55.9 20-22 Good 29-32 36-40 150-170 58-60 52.5-54.5 18-20 Fair 32-35 40-44 130-150 56-58 50.5-52.5 16-18 Utility >35 >44 <130 <56 <50.5 <16 ADF Acid Detergent Fiber; NDF = Neutral Detergent Fiber; RFV = Relative Feed Value; TDN = Total Digestible nutrients. RFV calculated using the Wis/Minn formula. TDN calculated using the western formula. Values based on 100% dry matter, TDN both 90% and 100%. Quantitative factors are approximate, and many factors can affect feeding value. Values based on 100 pct dry matter. End usage may influence hay priceor value more than testing results. Grass Hay guidelines Quality Crude Protein Percent Premium Over 13 Good 9-13 Fair 5-9 Utility Under 5 Contracted price - Price and conditions of sale agreed upon when buyer and seller negotiate a transaction. Source: USDA Market News Service, Portland, OR Niki Davila 503-326-2237 Portland.LPGMN @ams.usda.gov www.ams.usda.gov/mnreports/ML_GR313.txt www.ams.usda.gov/lsmarketnews http://www.ams.usda.gov/mnreports/rnl_gr313.txt Page 2 of 2 HAY EXPORTS FROM WESI ERN STATES HAVE INCREASED DRAMAI I(:ALLY-Alfalfa&Forage News ANR Blogs 11/22/15,2:34 PM Alfalfa&Forage News News and information from UC Cooieraiivc Extension about alfalfa and fora e production. a a Rniry� au 'r „r uiu rrrr mptNrtt a as^ ��„��2a"rci ' ' r a value Mm " w a .ii aw �w,d mtlbnup * m, r �V , fir, IIAY EXP'()R fS FROM WESTERN STATES HAVE INCREASE!)I)RAMATICAL]_.Y ........................ • Author:Daniel H Putnam • Author: William Matthews • Author:Daniel A Sumner published on:November 1,2013 For those of you not yet convinced that we live in an increasingly international economy,button up your Dacca-made parka—globalization is bringing alfalfa and hay crops increasingly into the world of global trade. If you don't know where Dacca is—look it up on your Shenzhen-made iPhone! While many crops(corn,wheat,soybeans,almonds and citrus)have long been traded on the world market,forages have been historically fed within a few miles of the animals they nourished(Figure 1).After all,hay and silage are bulky commodities. liht Figure 1.Hay has historically been grown a short distance from the animals it feeds. But hay is increasingly moving overseas(Figure 2). The advent of inexpensive containerized shipping,technology for compression of hay and growing world demand has changed the equation,at least for the Western United States.Currently,the equivalent of over 12%of the alfalfa and over 30%of grassy hays produced in the seven western states are exported. file:///Users/carolmacheth/Desktop/Everything%20desktop/aqua/Sage. .TICALLY%20 %2 0Alfalf a%20&%20Forage%20News%20-%20ANR%20Btogs.html Page 1 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICAI IV-Alfalfa&forage News-ANR Blogs 11(22/15,2:34 PM k k .k kl��rw•'�r G ',, ',,'''',1",41,I ;:-'4 :G � �.k '''t' , �� 8� r °P4u.�l A 1v a1 E' rr III y v� » """ rye iM�GV,A� a �Ai " f. HIM .„, , fig" ed!�,, ryry j *as $' r t., ", wk 6. II � i" ^,it °� ql u, I, ;,a r its a~ v Figure 2.Containerized compressed alfalfa hay awaiting export from the US(top),an being fed to Chinese dairy cows(bottom).While Japan is the major recipient of US hay,China,Korea,and the UAE have become major importrs id in recent years. How Much Hay is Now Exported? In 2012,over 4 million Metric Tons(MT)of hay were shipped overseas,approximately double what it was in 1999. (Figure 3—note,to convert MT to short tons,multiply by 1.102). For reference,the state of Nevada produced about l ?million MT and California 8.7 million MT 1112012. Asia and Pacific Rim countries have been the primary destination for U.S.hay exports.Almost all(>99 percent)of US hay exports are shipped from. Western ports,with Japan as the largest buyer.From 19')23 to 2(I l2,Japan purchased,on average,slightly less than 1.8 million MT annually including alfalfa,timothy,sudangrass and klcingrass(Figure 3). file:///11sers/carolmacbeth/Desktop/Everything%20deskt op/aqua/Sage...TICAttY%20-%20Alfalfa%20&%20Forage%20News%20-%20ANR%20BIogs.html Page 2 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11/22/15, 2:34 PM Volume of US All-Hay Exports from Western Ports1 (1998-2012) 4.5 ?£4,0 0 3A E j IE I- •+ ALL OTHER++ aTahxan �]A •China a linked Arab Em; 05 JI *Korea 1994 1999 2000 2001 2002 2003 2004 2006 2006 2007 2004 2009 2010 2011 2012 YEAR Watara pars S4ad•M pats i•C•aon.w.Orr00n and •34404 Om from US tap-Commas. Figure 3.Volume of US Hay Exports from Western Ports by Top 5 Destination Countries, 1998-2012.Over 99%of all hay exports are from western ports.Western ports include all ports in California,Oregon and Washington.Source:US Dept.of Commerce. Dramatic Increase over 5 Years.Overall volume of U.S.hay exports have increased by over 60 percent since 2007.This increase is largely due to growth in two markets:United Arab Emirates and China(Figure 3).UAE purchased just over 743,000 MT in 2012,a 20-fold increase from 2007,when it purchased just 37,000 MT of U.S.hay. China's imports increased 200 times from 2,400 MT in 2007 to just over 485,000 MT in 2012(all figures from US Dept.of Commerce). In 2013,exports to these two countries have intensified.If early 2013 data continues apace,the totals may put just these two countries at over 1.7 million MT of combined imported US hay demand this year(Table 1). Alfalfa exports increased 14%and total hay exports about 7%between 2012 and 2013 (first six months),but exports to UAE and China increased 40-60%(Table I). file:///Users/carolmacbeth/Desktop/Everything%20desktop/agua/Sage...TICALLY%20-%20Alfalfa%20&%20FOrage%20News%20-%20ANR%20RIO9s.html Page 3 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11/22/15,2:34 PM Table I.Comparison of 2012 and 2013(First 6 Months Only)Alfalfa and All Hay Exports to Top Destination Countries from Western Ports' ALFALFA HAY Value(S millions) Percent Volume(1,000 MT) Percent 2012 2013 Change 2012 2013 Change Japan 122 123 1.2 382 371 -2.9 UAE 71 97 36.5 275 406 47.6 China 54 91 67.7 202 296 46.5 Korea 25 33 25.7 96 103 7.3 Taiwan 12 13 5.1 56 45 -19.6 Total Exports 309 369 19.5 1,103 1,260 14.2 ALL HAY Value(Smillions) Percent Volume(1,000 MT) Percent. 2012 2013 Change 2012 2013 Change Japan 348 341 -2.2 1,031 965 -6.4 UAE 87 127 46.0 315 500 58.7 China 76 118 55.8 269 387 419 Korea 104 100 -3.1 344 302 -12.2 Taiwan 22 27 21.3 87 94 8.0 Total Exports 665 731 9.9 2,156 2,303 6.8 r Western ports include those in California,Oregon and Washington. Share of US Production Exported.The share of US-produced alfalfa that is exported grew from 1.5%in 2007 to 4.5%in 2012(Figure 4). The equivalent share of Western-grown alfalfa is much larger,at 12.5%in 2012,up from about 5%in 2007(Figure 5). Although some hay may originate further east,the lion's share of exported hay is thought to be from the Western U.S.states(Arizona,California,Idaho,Nevada,Oregon,Utah and Washington).In specific regions,particularly the Imperial Valley of California,and the Columbia basin of Washington-Oregon,the percentage of alfalfa and grassy hays exported may be over 50%of production. Exports are even more important for grass hays.Over 30%of western grass hay production is shipped overseas(Figure 5). While grassy hays(e.g. timothy,sudangrass,orchardgrass,kleingrass)are nearly half of the exports from Western states,they are less than 1/4 of the production in this region (Figure 6). 4•9% . 1..9.0UAW 001 }.. ...._.... '%OT AUAUA HAY I uw -"�-311-10AY l $k¢ E2.5% ! , ^A.. 0 f0% 0.5% 3400 1991 2000 MI 2001 1003 2004 2005 1 3001 MOB 2909 1010 2911 1001 ma Figure 4.Share of US hay production exported, 1998-2012.Source:US Dept.of Commerce and USDA-NASS. file:///Users/carolmacbeth/Desktop/Everything%20desktop/aqua/Sage_TICALLY%20-%20Alfalfa%20&%20Forage%20News%20-%20ANR%20Blogs.html Page 4 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11122115, 2:34 PM 40% 2431 . e )ice 1•*944l4/f1.NAY _.. 144195910f Mf.4fA HAYl k0x a _•p,.„,.v.�... � 1991 1999 3000 3011 2402 3003 TAr 2005 20% 2001 2014 1009 2010 1011 2011 2011 YtAR Figure 5.Ratio of Western Exports to Western Production shown as a Percentage. Source:US Dept.of Commerce and USDA-NASS. *a. 005 AtfAll NAY 00 yl Figure 6.2012 Hay Production by Type in U.S.Western States(top)and 2012 US Export of hay through western ports by type.Western US include the states Arizona,California,Idaho,Nevada,Oregon,Utah and Washington,and Western ports include all ports in California,Oregon and Washington. file:///USerslcarolmacbeth/Desktop/Everything%20desktop/aqua/Sage...TICALLY%20-%20Alfalfa%20&%20Forage%20News%20-%20ANR%20Blogs.html Page 5 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11/22/15,2:34 PM What are the key drivers? Demand is.the Common Denominator.The UAE,China,and Korea all have increasing demands for milk products and feed for local herds.In the UAE,the high population of camels,horses,sheep,and goats is important,in addition to dairy and beef cattle,as demands for both milk and meat are increasing.Milk is also the key issue in China.Although China is not historically a milk-consuming culture,the per capita demand for milk products has been rising dramatically: from 4.2 kg in 1990 to 28 kg in 2012(Figure 7)-The Chinese government has encouraged more modem and larger dairy production units,to improve quality after a 2008 adulteration scandal.This has accompanied a significant rise in dairy cow numbers,up from about 2-5 million to 14 million today,according to government sources(Figure 6). Water in the Mideast.The UAE government decided in 2008 to stop producing alfalfa hay in the kingdom,due to their increasingly scarce water resources.Given local herd dependence on forage,this created an immediate demand for imported hay.In that part of the world,pumped water largely originates from fossil sources,which will never be renewed in human history. Knowledgeable sources expect a similar decision from the government of Saudi Arabia in the very near future.An abrupt decision to stop hay production in the kingdom would cause the rapid development of new hay markets much larger than that in the UAE,perhaps in the 3-4 million MT range.Parts of the world outside the western States(Mideast,North Africa,Europe,South America)may satisfy much of this demand.However,this illustrates the importance of water to the future of food production,and the resulting globalization of the feed supply. China Dairy Growth.Water is also a major limiting factor in China.However,the increase in dairy demand,increased cow numbers in China,and limitations in arable land near the cities where dairy cows are located are major factors in the increased demand for high quality alfalfa imports. The imbalance of trade with Asia means that the price of ocean shipping to Asia is cheaper than over-land transport costs within China,or even within the US.(This factor does not apply to shipments to the Mideast).Further,summer rains make hay production difficult in China(as it is in many parts of the eastern United States),and infrastructure for hay baling,handling and transport is limited. Long distance transport from alfalfa-producing areas to dairies is also an important cost factor domestically,since ocean shipping is cheaper than overland shipping. Chinese Efforts to Improve Alfalfa.Although the Chinese government is embarking on a major program to improve domestic alfalfa production(more on that later),most experts believe that the domestic production will not satisfy domestic Chinese demand,at least for the next 5-15 years.Figure 6 highlights the 6-7 fold increase in milk demand and dairy cow numbers in just two decades(Figure 7). A key factor to watch will be milk prices in China.While China imports significant dried milk products,government policies and consumers favor production of fresh milk products near population centers for quality reasons.Farm milk prices have lately been about double those received by California dairy farmers,making it economically feasible for Chinese dairies to purchase hay delivered to the dairy at prices between$350 and$500 per ton. What are the implications here at home?This is a more complex question.Western hay farmers have been happy to see the new markets open up, because new demand tanslates into firmer prices.Western dairy farmers,who face many pressures,are certainly not overjoyed at having to compete with foreign buyers for a limited supply of hay.Some critics have questioned the export of'water'in the form of hay(see Wall Street Jounal`Shipping water to China Bale by Bale"hit p://online wsj om/news/articles/SB 100008723963904445173045776534324172081 16—see also this BLDG tt J/ucancedu/blogs bloecore/postdetail efm?postnum=8825 for further discussion). In many respects,hay crops are following(to a much more modest extent),the pathway of other crops(corn,soybeans,wheat,rice,citrus,and almonds), which have long been truly global commodities.Dairy exports themselves have also increased rapidly,so we may be exporting hay directly or hay in the form of milk powder or cheese.Dairy exports are now the#2 export commodity(by value)from California agriculture. What about the Future of Hay Exports?While exports are not a dominant component of hay demand nationally,it is increasingly important in the West.The rapid increase in hay export importance reflects globalization of diets,and globalization of our food system generally.These data illustrate the historical progression of alfalfa and other hay from being grown and fed on-farm,to being traded locally,to long-distance transport,and then to a crop traded internationally.To some degree this is a logical extension of markets in the western US,where over 90%of the hay is marketed off the farm anyway. This is not true of the Midwest or East where most forage is fed on-farm. Prognostication is a dangerous thing.However,the confluence of 1)generally high quality of Western-grown US hay,2)technology for hay handling that reduces cost of shipping,3)efficient and inexpensive modes of ocean shipping,4)demand for high quality milk and meat products in new markets, and 5)scarcity of land or water in many regions,provides a set of circumstances that is likely to further increase the importance of Western US hay exports in the future. file:///Users/carolmacbeth/Desktop/Everything%20desktop/aqua/Sage-TICALLY%20-%20Alfalfa%20&%20Forage%20News%20-%20ANR%20Blogs.html Page 6 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11/22/15,2:34 PM Is Is a __ .. 00 ma g '41M4e Capita MA CCwn,umaPon 13 ( E S IU m S E { p 41 13 1 0 0 30 2000 2012 rw Figure 7. Change in Chinese milk consumption and cow numbers,1990-2012.Source:Chinese Grassland Association. Note:data may differ depending upon source. Comments:34 Comments: by Jose Porta on January 2,2014 at 1:23 PM Dear Sir, Do you have more information about the international hay market?Thank you very much.Best regards. by Daniel H Putnam on January 2,2014 at 1:28 PM Jose; I'm not sure what type of information you're looking for.Where are you writing from? Dan by Vance Hodgson on January 19,2014 at 11:22 PM Hi Dan, I am a alfalfa grower in South Africa,getting 40 metric/tons/Ha under centre pivot and am looking to move production to Sudan as input costs here are making it very difficult to survive,especially electricity and diesel.Do you have any connections with buyers and producers in Sudan so that I can contact. Excellent article,thank-you. Sincerely Vance Hodgson Reply by Daniel H Putnam on January 20,2014 at 8:53 AM Thanks for the comment,Vance. Let's see,for our Yankee Metric challenged folks-that's about 17.8 tons/acre yield.Wow.Unless the DM%is wrong,in the US that would be considered stellar performance for hay.Average in AZ and CA is less than 9 tons/acre,best in the US,and maximum yields have been close to 17 tons,but not average.Unless your costs are extremely high,or value of the crop very low,not sure why this wouldn't make money. I've met several people who are setting up hay production there in Sudan using Nile River water,to market hay to Saudi.A higher risk region to do business,though,I understand. Dan by Mustafa file:///user:/carolmacbeth/Desktop/Everything%20desktop/aqua/Sage...TICALLY%20-%20Alfalfa%20&%2g Forage%20News%20-%20ANR%20BIogs.html Page 7 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11/22/15,2:34 PM on February 2,2014 at 1:04 PM hi Dan iam form sudan and iam in the hay export industry .although it is risky still it has its differential advantages. as Vance said nice article. Vance, happy to help you with any information. mustafa by Sean on February 12,2014 at 9:43 AM Hi Dan, Do you know of any producers in Arizona or Southern California that export to overseas markets?Prices in the PNW are high and is accompanied by high transportation costs as well.Its obvious to me that I need to start sourcing from the PSW.I talk with a few brokers but am always looking for sources of hay to service my overseas customers.Do you know of anyone that would be interested in talking about having dealings in the PSW? Reply by Daniel H Putnam on February 14,2014 at 9:24 AM Sean; There are lots of producers in Arizona and Southern California that currently export.We have at least a dozen presses in the SoCal area.You'll have to do some digging down there-the blog is probably not the place. Cheers, Dan by Nathan on February 20,2014 at 10:36 AM Hi,great article! Does anyone know if any hay from the United Kingdom is shipped over seas? Nathan Reply by Daniel H Putnam on February 20,2014 at 11:29 AM Nathan; Yes,some is shipped to Europe.There are emerging markets in the Middle East as well.Haymaking may be a challenge. by Charles Oden on March 5,2014 at 2:00 PM Hey Nathan, Do you know of anyone exporting grasses from the southeast.We have quite a few farmers struggling to keep their hay businesses running since the margins are so slim.Wondering if exporting might be an option to assist possibly going through Jacksonville or Savannah. by Chao Liu on March 5,2014 at 8:44 PM Hi, Thanks for the excellent article! I have read your interview posted in China's website as well.And I am very interested in this industry now! Is here any chance to communicate with you,Dan? Best, Chao by Cody on March 25,2014 at 7:11 AM Hello,I am a farmer in the Southern California area.We are looking to find contacts to directly export our hay,preferably over seas.Does anyone know how to go about finding these contacts,seems like many come from the Dubai area. Thanks by Sherralie Majeski on March 31,2014 at 4:57 PM With California in drought,is there going to be any hay to ship? Reply by Daniel H Putnam on April 4,2014 at 12:58 AM Sherralie; There will still be exports in spite of the drought,I would expect. Dan by rob on April 1,2014 at 2:07 PM Hello Daniel i am an alfalfa grower from Chile and in my field we grow 23920 cubes(prismatic)of alfalfa per year and i want to know how can we enter in the international market of alfalfa,also how we can get the international prices because we donA't want to get over the limit of the price of alfalfa with the cost of shipment in containers.we will be grateful if you can anwser this,thanks. Also a cube of alfalfa is like between(28-32)kg file:///USerslearolmacheth/Desktop/Everything%20desktop/aqua/Sage...TICALLY%20-%20Alfalfa%20&%20Forage%20News%20-%20ANR%20Blogs.html Page 8 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11/22/15,2:34 PM by Daniel H Putnam on April 4.2014 at 1:14 AM To my knowledge there are no independent sources of international prices for hay.So you can either work with a broker or another exporter or do market research on your own. by Sergio Alvaado on April 20,2014 at 4:40 PM Dear Dan: What is the best way to find final users of hay in overseas markets? Reply by Daniel H Putnam on April 20,2014 at 4:59 PM Hi Sergio; Those companies and individuals who are exporting hay have typically invested quite a bit of time and energy to find markets and understand their needs.So I think the best way to find the end-users is either to do the footwork yourself,or to work with an established company. Meanwhile,US Exporters have an association which has 29 members,The US Forage Export Council:http://www.usaforage.orgl They serve the industry as a whole to assist buyers and sellers,but of course represents different companies who are competing for the same markets. You may want to contact them. Dan by Nick Reynolds on May 1,2014 at 9:l6 PM Very well written article,both informative and easy to read. Yes there is a substantial trade in Hay or Fodder into Asia,although not all fodder is the same.With the increase in demand there should be enough demand to go around,although the water issue in the US could limit their exports. I am writing from Western Australia,where our exports are Oaten Hay,which is a good compliment to your alfalfa.While demand is stable in Japan,we expect to see demand increase substantially. It certainly is an interesting market and one that will become more international over time.I look forward to your analysis in a year or two's time. Reply by Daniel H Putnam on May 3,2014 at 11:21 AM Nick; Yes,the Australian oaten hay is a major factor for importing countries,and affects the demand for the sudangrass,timothy,and other grasses from the US.If you have a bad year,it's good for us,and visa versa.I'm not sure if it affects the demand for alfalfa as much. Cheers, Dan by kk kwok on May 21,2014 at 5:19 AM Dear Hay, Some Chinese listed company said that importing alfalfa from US cost 200USD per tone but China grow alfalfa themselves cost 70 USD only.Any way can prove the above statement true or not? Moreover,what is the profit margin of alfalfa? Thanks a lot for the article,it is very useful. by Daniel H Putnam on May 21,2014 at 11:21 AM Hi KK Kwok; My name isn't Hay(funny!).However,I'll give it a try. I don't think your numbers are right.Domestic Chinese alfalfa hay of high quality will bring close to the imported price,I think,delivered.Domestic Chines poor quality hay isn't worth very much to dairies.I'm not 100%sure but currently Chinese dairies are likely paying closer 300-450 or 500/ton for alfalfa.California price this year is 250-$350/ton. Profit margin will depend upon location grown and cost of production vs.price.There is no single margin.Price mostly follows market supply-demand rules,since there is no govt.subsidy. Contact USFEC(US Forage Export Council)for their take on this issue,or Chinese or American companies in China. Dan by Dana Bartlett on July 8,2014 at 6:46 PM I live in the US Virgin Islands where I have horses and donkeys.Im trying to find a consistent source of 110 lb bales of straight timothy.Thanks by James file:///Users/carolmacbeth/Desktop/Everything%20desktop/aqua/Sage...TICALLY%20-%20Alfalfa%20&%20Forage%20News%20-%20ANR%20Blogs.html Page 9 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR slogs 11/22/15,2:34 PM on October 23,2014 at 1:15 AM Professor Putnam, Excellent information!Much appreciated your effort in leading the industry.Could you please elaborate on the general quality variances between the Chinese grown vs.California grown Alfalfa? Go Aggies! @coby,very interest to talk to you about your alfalfa! James by Riz Dinani on March 25,2015 at 4:40 PM I have excess to 80,000 tons of Alfalfa hay directly from farmers on a yearly basis from Utah,Idaho and Nevada. Looking at customers overseas. Thank You by Sam on April 27,2015 at 9:52 AM Hello and great article for a newbi like me.I a looking for premium alfalfa to export overseas and looking for sources in the western US.I noticed on your blog that farmers listed availability but no contact information is listed.could you please help me contacting these farmers? Thank you Reply by Daniel H Putnam on April 28,2015 at 3:32 PM It would be helpful to contact the USEFC(US Export Forage Council)who represent many of the major exporters.Additionally,contact the state hay associations(e.g.California Alfalfa&Forage Association,Washington State Hay Associations,Idaho Hay Association). Reply by Daniel H Putnam on April 28,2015 at 3:38 PM It would be helpful to contact the USEFC(US Export Forage Council)who represent many of the major exporters.Additionally,contact the state hay associations(e.g.California Alfalfa&Forage Association,Washington State Hay Associations,Idaho Hay Association). by Jim on May 26,2015 at 5:36 AM Great article! Daniel,what is the best resource for getting up to date pricing both stateside and overseas? Jim by Daniel H Putnam on June 10,2015 at 1 1:46 AM You could contact US Forage Export Council http://www.usaforage_mg/ Also,Seth Hoyt's newsletter contains price information(The Hoyt Report)for export and domestically.That's a subscription service. Public USDA-Market News information about hay prices can be seen at:lflp:Uwww.ams.usda.gov/AMSv1.0/ams.fetchTemplateData,do7 tmplate=TemplateN&left Nav=MarketNewsAndTransoortationData&pie=LSMarketNewsPageHay by Abdul Samad Ghaznavi on August 3,2015 at 2:03 AM I am from Oregon interested finding customers for Hey in Dubai....can any one help connect to the sources there.Thank you indeed for the lively and informative article...so useful.Thanks Dan,I also saw your correspondence,very much appreciate your knowledge of sector and you being responsive... Reply by Daniel H Putnam on August 3,2015 at 7:21 AM Abdul; We don't allow fully commercial correspondence on this blog,Abdul. However,you may want to contact the US Forage Export Council.They represent 29 export members,80%of the exporters in the US.John Szezpanski has a lot of contacts,and may be able to guide you.Normally,it takes a lot of footwork to develop those markets. See their website: Intp://www.usaforage.org/ Cheers, Dan by Steve Haupt on September 18,2015 at 7:02 AM Greetings Dan, Where can we source current milk and hay prices in China? Is dry milk production still going in Nevada? Reply by Daniel H Putnam on September 19,2015 at 10:21 AM file:///Users/carolmacbeth/Desktop/Everything%20desktop/agua/Sag_.TICALLY%20-%20Alfalfa%20&%20Forage%20News%20-%20ANR%2081ogs.html Page 10 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11/22/15,2:34 PM Steve; I actually don't know immediately how to access reliable information about milk prices in China.A big factor recently has been the strength of the US dollar,which puts a damper on exports-in spite of this exports to China have increased(for hay). If I find out,I'll let you know. Dan Leave a Reply: You are currently not signed in.If you have an account,then sign in now! Anonymous users messages may be delayed. Name(required) 1 _ T- 1 E-mal(required) Your comments: Security Code: BTPPNC Enter Code (Save Comments 1 SHARE EMAIL PRINT Search[Enter Search Terms ]q Subscribe !Enter e-mail Address ks1 Recent Posts Blog Home • UC IPM online courses offer continuing education units • New Tools and Resources from UC IPM • deSheeping offa€1M drought stressed alfalfa fields may reduce stand counts • Alfalfa 1PM and Croo Pollinator Workshop • New reference booklet available for pesticide applicators Recent Comments • Mark;Thanks for the comments.... • First I must apol gize.I have... • Debbie;Sorry-we're not medical... • I sat in hay that was infested... • ve;I actually don't know... Archives All Archives • November 2015 • October 2015 • September 2015 • August 2015 • July 2015 Tags file:///Users/carolmacbeth/Desktop/Everything%20desktop/aqua/Sag...TICALLY%211-%20Alfalfa%20&%20Forage%20News%20-%20ANR%20Blogs.html Page 11 of 12 HAY EXPORTS FROM WESTERN STATES HAVE INCREASED DRAMATICALLY-Alfalfa&Forage News-ANR Blogs 11/22/15,2:34 PM All Taes • Alfalfa(l41 • IPM(51 • blue alfalfa aphid(41 • DDght(2). • GMO alfalfa() Feeds • RSSl • PODCAST - — My Stuff ANR Blogs • Blog Home • Subscribe • Login Recent Posts U IPM onine courses offer continuin• education units November 9,2015 New Tools and Resources from UC IPM October 14,2015 a€"Sheeoi¢g offâCTM drought stressed alfalfa fields may reduce stand counts October 14,2015 Recent Comments Daniel H Putnam:Mark;Thanks for the comments.... dr.j mark codgers:First I must apologize.I have... Daniel H Putnam:DebbiglSirry-we're not medical... Debbie:I sat in hay that was infested... Top Tags •Alfalfa•IPM•blue alfalfa aphid•Drought•GMO alfalfa•Pest Management•alfalfa butterfly•Alfalfa caterpillar•alfalfa harvest schedule•alfalfa IPM and pollinator meeting•alfalfa moisture•alfalfa nest management•alfalfa production•alfalfa yield decline•aluminum phosphide [Enter e-mail Address /RSS/Podcast Get the latest Blog Feed Via RSS • Login Agriculture and Natural Resources,University of California •All contents copyright©2015 Regents of the University of California.All rights reserved. Nondiscrimination Statement Get Adobe Flash Get Adobe Acrobat Reader file:///Users/carolmacbeth/Desktop/Everything%20desktop/aqua/Sag...TICALLY%20-%20Alfalfa%20&%20Forage%20News%20-%20ANR%2081ogs.html Page 12 of 12 No place to graze- -Capital Press 11/22/15, 3:07 PM capital ;; ; Press The West's Wehlte No place to graze 1 By John O'Connell Capital Press Published: May 22, 2014 8:43AM Last changed: May 22, 2014 10:26AM ,, Western ranchers say pressures on public- ,, " l to,� 6 . '� ,.w � , . '4'00,a '''' �d ' w .I,H land grazing have made private pasture ,: ; ., -,1 rw t �'I�it" , i1,'a a ,, " '. extremely costly and hard to find. 17 NP '',Wmt'Ili!,ul� a Ha : � ■ilifi m Jim Guthrie has given up on looking for f; re , private pasture land to lease for his cattle. N " " r Last spring and summer, the McCammon, Idaho, 'fit, " p " Y-, �� rancher was unable to replace lost grazing I " °! , " , ` leases and had to sell half of his livestock. He's - , , ",. ni, , , `- ° �„ now resigned to a smaller herd of 100 mother Ewa cows. , ;yp "I just don't have the appetite any more for r ' �''r' �" .; " r dr w scrounging for pasture," Guthrie said "I figure I ,µ: °> ' wt >°° .' .'- could just sell the extra hay and not have to fight Photo submitted Mike Filbin, a Dufur, Ore., rancher, rides throughout finding pasture and probably be just as well off in the Deschutes River Ranch, which he now leases. He may soon lose his access, once the land is sold. Filbin is concerned about the loss the long run. of grazing opportunities in the West. Ranchers throughout the West share Guthrie's 4 ...._ prices highs of 4 frustration. Cattle aces are at record hi hs and they'd like to expand their herds, but pasture is in short supply and exceedingly expensive- At the same time, managers are reducing the number of cattle allowed on public land. Guthrie estimates the cost of leasing private pasture has doubled during the past eight years. He attributes the higher prices and increased competition for private acres to lost grazing opportunities on public land. Thousands of acres of public lands have been temporarily closed to grazing to recover from a string of catastrophic wildfire seasons, and wildlife http://www.capitalpress.com/Livestock/20140522/no-place-to-graze Page 1 of 4 No place to graze--Capital Press 11/22/15,3:07 PM and habitat concerns have spurred a continuous reduction in the amount of livestock allowed to graze on public land. Demand for private pasture has also changed how Lava Hot Springs, Idaho, rancher Ken Andrus operates. Andrus, a Republican who chairs Idaho's House Agricultural Affairs Committee, sold some Caribou County grazing land last year to a cattle grazing association in dire need of private pasture. "They just offered us too much money to refuse,"Andrus said. Andrus looked for replacement grazing land in Idaho, Montana and Nebraska but eventually settled on a ranch in Concho, Ariz., that two of his sons now run. "I think(Arizona) is going to get more popular because it's such an opportunity for people like us who can't find grazing here,"Andrus said. Public razin dwindles g 9 The grazing occupancy of U.S. Forest Service lands in Southern Idaho, Western Wyoming, Utah and Nevada has been reduced to roughly 60 percent of 1980s densities, estimates Terry Padilla, the agency's range program coordinator for the Intermountain Region. "On public lands, it's just gotten so hard to graze,"said Padilla, likening grazing restrictions to protect water quality, wildlife and habitat to a regulatory"mine field." He also believes strong hay prices because of high demand have also prompted private landowners to sell forage rather than run cattle. Grazing density has also dropped during the past few decades on Washington and Oregon Forest Service allotments, said Tom Hilken, regional range program manager for the agency's Pacific Northwest Region. He attributes public grazing reductions in his region to denser forests choking out forage in the understory, and to efforts to protect species that are listed as threatened and endangered under the Endangered Species Act. His region has prioritized thinning forests and restoring vegetation to reduce wildfire fuel loads. More wood has also been made available to mills like those in John Day, Ore. As a secondary benefit of fuel reductions, Hilken anticipates increased carrying capacity for livestock on public lands. Especially in sagebrush steppe ecosystems, he believes targeted grazing will play a role in controlling fuels and invasive annual plants. Hilken said the Forest Service started a small pilot project this spring within Oregon's Crooked River National Grassland, seeking to reduce cheatgrass loads with targeted grazing_ Increasing cattle, range prices Though cattle prices reached record highs during the first four months of 2014, cow numbers are down in the West- http://www.capitalpress.com/L ivestock/20140522/no--place-to-graze Page 2 of 4 No place to graze--Capital Press 11/22/15,3:07 PM According to a Jan. 31 USDA report, Idaho started 2014 with 445,000 beef cows that had calved, compared with 510,000 at the same time in 2013. Washington's numbers dropped by 12,000 cows to 209,000 head, Oregon dropped by 11,000 cows to 516,000, and California, at 600,000 cows, lost 10,000 head. University of Idaho Extension livestock specialist Wilson Gray attributes some of the decrease to Midwestern ranchers bringing back displaced cattle as their grazing lands have recovered from the recent drought. But Gray said constraints on grazing have also limited herd expansions. He estimates summer pasture that would have rented seven years ago for$12-$15 per animal unit month—the amount of forage needed to support a 1,000-pound cow and her suckling calf for a month—is now fetching $25-$30. Jack Field, executive vice president of the Washington Cattlemen's Association, said endangered species and competition with feed crops have made pasture hard to find in his state_ Furthermore, he said the Washington Department of Fish and Wildlife has purchased private ranch land for wildlife habitat. Agency officials said they allow grazing on some of their lands. California Cattlemen's Association government relations director Justin Oldfield said that in his state the combination of drought, wildfires, high cattle prices and the conversion of range to orchards and crop land in the Central Valley have created a"perfect storm"to limit pasture availability_ Competing demands on public land In the 1960s, the U.S. Forest Service allowed 760 cow-calf pairs to graze the 35,000 acres of public land now permitted to Mike Filbin. The Dufur, Ore., rancher said the agency has gradually whittled down the number of cow-calf pairs allowed since then— and asked him to build riparian fencing near streams. His combined grazing limit on the allotments was reduced to 100 pairs, and the Forest Service has proposed further reducing grazing occupancy to 50 pairs.The Forest Service also shortened the time allowed on the allotments from 4 months to 2 1/2 months, based largely on endangered species, wildlife and recreational concerns. Because of all the restrictions he has stopped grazing on those allotments. "They're concerned about the frogs. They're concerned about the fish. I think they're concerned about the mosquitoes," Filbin joked. "I think it's a movement to get everybody off of public lands and turn it into a national park or something." After giving up on his public land, he moved cattle to private pasture, which is now for sale at a price he can't afford. The national Trust for Public Lands is seeking to buy the 10,000-acre Deschutes River Ranch to supplement a wildlife area. Jeremy Thompson, Oregon Department of Fish and Wildlife district wildlife biologist, said the department allows grazing in its wildlife areas and is working on a grazing management plan for the land. Nonetheless, Filbin has come to associate public land with more restrictions. Rather than making good on increasing his herd by 100 head to bring his son into his operation, he worries that he may have to reduce it Doing more with less http://www.capitalpress.com/Livestock/201.40522/no-place-to-graze Page 3 of 4 No place to graze--Capital Press 11/Z2/15, 3:07 PM First-generation rancher Keith Nantz started his operation in Maupin, Ore., six years ago_ He raises forage crops and runs 100 cow-calf pairs. "I'd love to continue growing our herd, but I can't find pasture. That's the biggest dilemma," Nantz said. Earlier this year, he analyzed the economics of converting farm land to provide the more grazing land. Even with record cattle prices, the switch wouldn't pencil out on 400 acres of irrigated ground, but he intends to plant native grasses on 600 acres he's used for dryland wheat to supply new winter range. In today's ranching environment, Nantz considers it a necessity to make the most of every acre, so he practices management-intensive grazing. Herds are moved daily, confined to small paddocks with portable electric fencing to more completely and uniformly utilize forage while giving individual acres more rest. Nantz believes the practice increases forage utilization by 25-60 percent and improves overall range health, giving native perennial plants a chance to compete with invasive annuals. Proponents say the practice works_ Jim Gerrish, a management-intensive grazing consultant with American Grazinglands Services in May, Idaho, said most of his customers see a 20-40 percent increase in carrying capacity after implementing the practice, and a few have tripled their forage. Gerrish has noticed a surge in electric fencing sales this spring. "If you do a cost-benefit analysis, it will always pay off," Gerrish said He considers management-intensive grazing to be a good option for producers facing "reduced AUMs because of a short-term drought or wildlife situation, or just an agency reducing AUMs on a permit." Preston, Idaho, rancher Joe Daniel also advocates opening Conservation Reserve Program acres to more frequent grazing without penalties, convinced the change would provide forage while making CRP land less prone to wildfires_ "Every time we graze the CRP ground, especially in the fall after grass is seeded, you'll see the CRP almost double (in productivity)," Daniel said. "Everywhere I go, people have asked me, 'What am I going to do? I need this pasture.- 1 ,,,. '4111111N:1;1 a g ooi "i 7S r , i e r i r r �ti s " 7 to r tivi d r 174e406%2■0,Ui, ""arm,„ -,.. : w Y Find .property fast!; http://www.capitalpress.com/Livestock/20140522/no place-to-graze Page 4 of 4 Guide to Resource Land Capability Challenges DLCD -• June 2012 This Guide summarizes statutory and rule requirements that apply when more detailed soils data than that in the U.S. Natural Resources Conservation Service(MRCS) Internet soil survey are used to argue that land is not agricultural or threst land. Different requirements apply to challenges on agricultural land, forest land and high-value farmland, as described below. The Guide is intended for use by soils professionals, foresters and county planning staff. It answers common questions from the perspective of the Department of band Conservation and Development, which has oversight over the implementation of applicable statute and rules, but is not intended to provide legal advice or to he a substitute for ri.ilem.aking. 1. Agricultural Land Capability Challenges This is when more detailed soils data is used to challenge the accuracy of a property's NRCS land capability class assignment in determining whether it is agricultural land. This may be to support a rezoning proposal or nonfarm dwelling approval. A new process was adopted when the Legislature passed JIB 3647 in 2010, which is codi lied at ORS 215.211 and implemented through rules at OAR 660-033-003(1 and -0045. The new process and applicable forms are found here: Oregon Department of Land Conservation and Development Agricultural Soils Capability Assessment. Soils professionals or applicants who have acquired professional soil services submit onsite soils assessments to DLC.D, which reviews and forwards them to the counties for decisions. 2. F orest Land Capability Challenges This is when data on forest land capability (cubic feet per acre per year) is unavailable or is challenged under OAR 660-006-0010(3). The Oregon Department of Forestry has prioritized alternative data sources that may be used in its updated l.,and Use Planning Notes and Attachment A tables, which may be found here: Oregon I)upartment of Forestry Forest Resources Planning. Professional foresters or applicants who have acquired professional forester services submit onsite capability assessments directly to counties for decisions. 3. High-Value Farmland Soils Challenges for Lot-Of-Record (LORs) This is when high-value farm soils are challenged in the review of lot-of-record dwellings under ORS 215.705 and()AR 660-033-0030(7). Soils professionals or applicants who have acquired professional soil services submit these onsite soils assessments to the Oregon Department of Agriculture for its review and decision. 4. High-Value Farmland Soils Challenges for Other Uses This is when high-value farm soils are challenged in an application for permitted uses under OAR 660-033-0030(8). This section requires soil classes and ratings on high-value farmland to be those of the NRCS Internet soil survey, meaning that they may not he challenged. However, high-value farm soils may be challenged to show that they are not agricultural land under option#1 above. Soils professionals or applicants who have acquired professional soil services submit these soils assessments directly to counties for decisions. Soil Capability Challenges Two of the above options for soil capability challenges (#s I and 2) are described in more detail in the attached Table 1, which compares the two different processes. 'Fable 2 describes the specific circumstances under which all four options for soil capability challenges may or may not he used. In developing this guide and tables, the Oregon NRCS State Soil Scientist and the Oregon Department of Forestry were consulted in March of 2012 and recommendations solicited. Those recommendations together with those of l)I,CD are reflected in the guide and tables. Q & A Q: What is the status of Natural Resources Conservation Service (NRCS) soil mapping in Oregon Counties? A: The soils information via the Internet on Web Soil Survey (http://wehsoilsurvey.nres.usda.gor)is the official source of NR( S'soil snapping, data and interpretations. It is NRCS policy that the soils information at this source be deemed the official soil survey irf rmation and NOT the maps and information in the hard copy (paper or CD) soil survey reports. However, soil survey information in the hard copy soil survey reports is still good reference information and depending on the age of the survey, much of the information may still be appropriate. A majority of the changes to the maps have been to improve the `joins"along boundaries between the surveys. In addition to the changes to the maps, other changes may include new and updated data fur soils in the survey and occasionally changes to land capability class assignments. Changes have also been made to standardize all forest productivity data to a uniform 50-year King curve for Douglas fir. Some older hard copy soil survey reports display Douglas fir productivity using a 100-year McArdle Curve, however, the Internet soil survey information now displays 50-year King Curve productivity. The NRCS continues to periodically update soil survey information as skiff resources permit. This updated information is reposted to Web Soil Survey on the Internet, typically in September and October. Q: When may soil capability he challenged? A.- Soil capability may be challenged when NRC'S data are not available, when data of comparable quality to NRCS'data are not available (for-est lands only) and when NRCS or comparable data are determined to be inaccurate, as permitted by law. A soils challenge requires the services of either a soils professional or a professional fore.ster, or sometimes both (in the case of a rezoning to a nonresource use based on nonresource land). NRCS soils mapping and associated data and interpretations are generally conducted at a scale of 1:24,000. Soils challenges must be conducted at a mapping scale finer than 1:24,000. Q: Can it be argued that the line between two soil types is inaccurate? A: Yes, if the scale of revised mapping is at a significantly more detailed scale than the NRCS mapping, which is typically 1:24,000. For instance, the new agricultural soils onsite investigation or assessment report requires revised mapping be at a scale of 1:5,000 or finer. Q: Can inclusions of surface rock fragments and other significant differences in soil characteristics identified during ansite investigation or assessment of soil mapping he used to challenge the soil snapping and land capability class assignment? A: Maybe. The NRCS recognizes the legitimacy of more intensive .soil investigations, depending on the needs of the user. These investigations and subsequent interpretations must stand on their own merit. They are considered a more detailed level of mapping at a "finer" mapping scale. This does not change the NRCS'mapping, data and interpretations, such as the land capability class assignment as contained in the official soil survey. This is because the interpretations of the NRC'S mapping far any particular map unit encompass all polygons or areas of that particular map unit and are not based on one or more site specific areas. A more intensive investigation on forest land can, however, ''supersede" the NRCS mapping, data and interpretations for a specific area, when a professional forester per forms direct tree measurements to show that on-site Ibrest capability is lower than the NRCS Internet soil survey shows. Where such a finding is made, counties should seek additional verification, such as from an examination of similar areas or polygons of the same map units. (See also answer to following question) Q: Can site productivity data (crop yields'or tree measurements) be used to challenge soils capability? A: Maybe. The use of site productivity data such as crop yields or other productivity information may be a relevant consideration in determining whether class V-1/11I/V11-VIII soils are ".suitable"for farm use, "necessary" to permit Arm practices or "intermingled" with farmland under OAR 660-033-0020(1)0)(B), (C) and(b). Ilowever, this information cannot be used to show that the land is a different soil type or has a land capability class assignment different from the NRC'S official soil survey information. 3 The use of direct tree measurements to determine forest land productivity is only appropriate if there are no NRCS or comparable data or if these sources are shown to be inaccurate (OAR 660-006-0010(3)). This is because differing landowner management practices can influence forest land productivity. NRCS productivity ratings for forest lands are based on natural stands. Thin tree cover or openings in tree cover are normal fOr some soil types and this factor is included in the NRCS fare,st productivity rating. Any direct tree nrea.s'ur•emenls rrir-i.si be made from dominant and not suppressed trees, either on-site or on an adjacent site, following ODE's updated Land(Ise Planning Notes. Q: Can an argument he made that soils as identified during onsite investigation or L' 7 ./identified assessments are different from NRCS soils mapping or classifications? A: Maybe. This is a more difficult assertion to Justify and depends on the expertise of the soils professional and the basis of the justification. Drastic deviations from NRCS mapping or classifications, such as a finding that soils are shallow instead of deep or class VI instead of class III should he viewed with caution. Where such an assertion is made, counties r should seek additional verification, such as from an examination of similar areas or polygons of the same map units. Q: Can an argument be made that a particular soil type is not high-value, class I-IV/1--VI or of a cubic foot rating as published? A: No. There is no authorization in statute or rule for challenging the identification of specific soil types a.s falling into these capability categories. Q: Can /sigh-value farm soils be challenged? A: Yes and no. They may be challenged where lot-of-record dwellings are proposed(OAR 660-033-0030(7). However,for other proposed uses, high-value fizrni soils may not be challenged for the purpose of showing only that land is not high-value, if it is otherwise agricultural land. But because neither HB 3647 nor implementing OARs differentiate between high-value and non high-value farmland both types of farmland may be challenged if the purpose is to show that they are not agricultural land. Q: If the Internet NRCS soil survey already identifies a property as having a predominance of.soils that are not I-IV in western Oregon or I-VI soils in eastern Oregon, would a soils assessment still have to go through the new DLCD review process? Yes. This is because 1113 3647 applies when "more detailed soils inforrnatron" is provided that "would assist a county" to make a better determination of whether land is agricultural. Presumably, any such soils information would be intended to influence Sr(C11 a County determination. Such information could be used to argue that class V-VIII soils are "unsuitable"for fcirrri use or are not necessary to permit adjacent,farm practices, or are not 4 intermingled with higher-class soils, Q: How can the Department of Forestry's updated Land Use Planning Notes be used to challenge forest land capability? A: In April of 2010, the ODE updated an earlier version of Land Use Planning Notes, alter which DLCD updated OAR 660-006-0010 to reflect this change and to clarify the requirement that the Notes he used when challenging forest land capability. The Notes provide excellent guidance for foresters, soils professionals and counties, and prioritize alternative data sources that may be used when.NRCS or other specified comparable data are not available or are shown to he inaccurate. 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' Agr% 4..... *. • '4 r \"....,..4;i4it io.r" 7,14.. •.■ "TiN ....• USDA \Rcs Upper Deschutes utes - 17070301 "A' -piiiii--1 4u m;'i,f d"s.'CC6 COtli't'Fa""4,Sr"rr<°. 8-Digit Hydrologic Unit Profile MAY 2005 Introduction _..� �Cx)r]HI•JE4. —� "}� ,..'•`4 The Upper Deschutes 8-Digit Hydrologic Unit Code (HUC) H ` f„' subbasin is comprised of 1.4 million acres. It extends into �, ”"""'' three counties, with 70 percent in Deschutes County, 25 f ,-y1FF2MAr•I,, l-- 1 t percent in Jefferson County, and 5 percent in Klamath County. There are about ],100 farms in the subbasin, 80 percent of which are less than 50 acres in size, and about 1,800 — w, operators, - two-thirds of which are part-time. -_ ` vH Irrl FR Over 70 percent of the subbasin is forested. Of this, 57 ,EFFER UN L_ _ percent is under public ownership. Approximately thirty-five T-1 �- percent of the private forest land is under industrial ownership. Other land uses include range (13 percent), row and specialty °K crops (7 percent), and grass and alfalfa hay (6 percent). I [F..CHIJTE'y 1..._— �. Conservation assistance is provided by three NRCS service l centers, one soil survey office, one resource conservation and development (RC&D) office, and two satellite field offices (Warm Springs Indian Reservation and Hood River). Profile Contents Introduction Resource Concerns Physical Description Census and Social Data Land Use Map & Precipitation Map Progress/Status Common Resource Area Footnotes/Bibliography Relief Map l 170-�� i r g°rr 70501 4, 1Aw++xship Map.,/",...,,,,,),' F ( ' r iri r lN d- . tl.r, a c 'dA F r l • ,y. ,a r.. ,:met ,gip :7 I: . Ark �, TR, A... q� .' T�ill 111. • A w f�y d q ,' Ili w N h• " '�,' ,''. '' �''�°4''(rl) !i(I hi �II `u-✓a: y bul'n'' 4GIIla `n P'1l� I N, � II 6 , g y d MVO tt A The United States Department of Agriculture(USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin, Produced try tire sex, religion,age,disability, political beliefs,sexual orientation,and marital or family status.(Not all prohibited bases apply to all programs.)Persons Water Resnlrrc;es with disabilities who require alternative means for communication of program information(Braille, large print,audiotape,etc.)should contact USDA's Planning Team TARGET Center at 202-720-2600(voice and TDD). Portland, OR To file a complaint of discrimination,write USDA,Director,Office of Civil Rights, Roorri 32GW,Whitten Building,14'^and Independence Avenue,SW, Washington DC 20250-9410,or call(202)720-5964(voice arid TDD).USDA is an equal opportunity provider and employer. USDA Upper Deschutes - 17070301 FINAL 8-Digit Hydrologic Unit Profile .o,t.iihl.r;e,$fa, rroatt�,eg.ou MAY 2 C1 Ph sical Descri •tiori Back to Contents Ownership - (2003 Draft BLM Surface Map Sett) Land Cover/Land Use Public . Tribal p (NLCD) Totals /o of °/n Acres Ell= % HUC Forest 790,600 57% 172,000 12% 56,100 4% 1,018,700 74% Grain Crops * * * * 0 0% * * Conservation Reserve Program o o o ° (CRP) Land a 0/n� _0 0/o _ 0 0/o 0 0/o Grass/Pasture/Hay 27,300 2% 48,400 4% * * 76,700 6% Orchards/Vineyards/Berries 0 0% 0 0% 0 0% 0 0% Row Crops * * * * 0 0% * * Shrub/Rangelands 88,700 J 6% 88,100 6% Ill * 182,700 13% Water/Wetlands/ 74,000 5% 20,100 1% * 98,100 7% Develo•ed/Barren HUC Totals II 980,600 71% 330,600 24% 67,000 50/0 1,378,200 100% *: Less than one percent of total acres. See below for special considerations. a: Estimate from Farm Service Agency records and include CRP/CREP. b: Totals are approximate due to rounding and small unknown acrea•es. Special Considerations for This 8-Digit HUC: — Approximately thirty-five percent of the private forest land is under industrial forest ownership. — 24,000 acres are used for grass and alfalfa hay. — Row crops and other specialty crops include potatoes, vegetable seed, garlic, mint, and nursery crops. Type of Land ACRES %of %of Irrigated lands HUC Irrigated Lands Cultivated Cro land 400 1% 0% (1997 NRI13 Estimates for Uncultivated Cro land 15,900 27% 1% Non-Federal Lands Only) Pastureland 43,700 73% 3% Total Uri•ated Lands 60,000 100% 4% (Continued on following pages) 2 of 12 Last printed 3/13/2006 9:09 AM March 13, 2006 USDA Upper Deschutes - 17070301 FINAL MAY 2005 8-Digit Hydrologic Unit Profile Ilaill R€<auruiCtorPwati-an „ocr Back to Contents 17070301 Land use/Land cover Map i r n ° 1 I s Legend m q ,r0,,' tr "�l .�SirublRangelands r Oil 'prchardNineyar ` :.• n r Row Crops �b ..Forest s„ s. " r• ^Grass/Pasture/Hay Lands in Grain Crops 6 .•., . „1.'li"tIP.VVaterNVetlands/ '. r;v Developed/Barren ' r 17t77p301 � �° § r Average Annual Precipitation in Inches1. rr !+� ji. , !d yry Cv, ' III „i i ipy; ro�7 .v gii�i. ri Ili I,w a iIri1� ° ' III ,,N ': "i Iii I' „ ' t� w;. 1 r Eastern o r CN't a i also; I�4N bra Ia11' Precipitation Range i Nm a '� Less than n' "a; �I'ii{ a im" d" iry�p�9i7i roIg11' Its I„ 17„ 21^ 21"-35” [� r r� yldVl lillllll' � lip Greater than 35" irtia a pUi� ,II Ip III �r `s , h I ' 'r al I11i a��,i init 3of12 Last printed 3/13/2006 9:09 AM March 13, 2006 01A \ Upper Deschutes - 17070301 FINAL 8-Digit Hydrologic Unit Profile MAY 2005 Common Resource Area Map Back to Contents Only the major units are described below - for descriptions of all units within the HUC, go to: http://ice.or.nres.usdawgov/website/craLviewer.htm 3.4 - Olympic and Cascade Mountains - Cascade Subalpine-Alpine: This unit consists of high, glaciated, volcanic peaks that rise above subalpine meadows. It is characterized by barren rock 17070301 outcroppings, lava flows, and volcanic peaks. Common Resource Elevation is 5,600 to 12,000 feet. Active glaciation Area(G RA)Map occurs on the highest volcanoes and decreases from north to south. The winters are very cold, and the growing season is extremely short. Flora and fauna adapted to the high elevations include herbaceous and �1 1 _r r shrubby subalpine meadow vegetation and scattered patches of mountain hemlock, subalpine fir, and rr whitebark pine. 3.5 - Olvmr is and Cascade Mountains - Northern cascade Crest Montane Forest: This unit consists of an undulating plateau punctuated by volcanic d-schu es buttes and cones that reach a maximum elevation of about 6,500 feet. It is extensively forested with mountain hemlock and Pacific silver fir. The temperature regime is cryic, and the moisture regime is udic. Although this unit has the same moisture and temperature regimes as unit 3.3, this unit is noticeably more moist. The break between units 3.3 and 3.5 is transitional. 6.9 - Cascade Mountains, Eastern Slope - Ponderosa Pine/Bitterbrush Woodland: This unit is characterized by undulating ash-mantled lava flows. The vegetation is dominantly ponderosa pine, aa� a antelope bitterbrush, and Idaho fescue. The unit does ! i not have the dominance of lodgepole pine and the u di�u G G coarse pumice fragments that are characteristic of unit 6.1. The temperature regime is frigid, and the G moisture regime is xeric. •• r tit nay �i��V 10-14 - central Rocky and Blue Mountain Foothills - Bend-Redmond Lava Plains: This unit is characterized by moderately deep and shallow soils i' that formed in ash from Mt. Mazama and are underlain by basalt. Most areas are used for irrigated pasture or hay. Slopes are nearly level to undulating. The dominant soils are those of the Deschutes and KIam th Deskamp series. The soils are sandy loam and loamy sand throughout. The temperature regime is mesic, and the moisture regime is aridic. 4 of 12 Last printed 3/13/2006 9:09 AM March 13, 2006 USDA \Rcs Upper Deschutes - 17070301 FINAL • 8-Digit Hydrologic Unit Profile MAY 2005 ...u-...:.fal.F..T>,•,■,4c,.,6,sooi5t,s\ta%;.on S..e.',6; Physical Description — Continued Back to Contents _... ACRES ACRE-FEET Surface 12,764 " "-'''''''' L::H2.":':':419.11$':::::,',,,:''':::,:‘,'„:',..:' Irrigated i:i- 'sirt f:1, Well ,,,-;,,' , ,,'''', ', . , , ,,' ''' ' Watei',,‘,,,‘,:RightP'!(014(kik,,,,,,,,,,, Total Irrigated Adjyclit;4F ,,!Ii/ater Rights 29,757 92,739 ,„ USGS 14076500 DESCHUTES RIVER,NEAR Total Avg.Yield 669,499 Stream Flow Data CULVER,OR May— Sept.Yield 176,955 MILES PERCENT Toti:Miles=. ,4,al or(.100K, I-lydro pis Layer) 97'7277:,",,,'','',';',',,,',,,!';'„':,',,„,'„,',,,'''',''',,,'',,,,!:,,,,",,,:',,",'-,",,,:",:',,'",,,',!:',,,,,,,,,,:, ii'', . a;';' ii',!,.','.„'!,:,z',')?,';',.:''','',"',:'-,'",'"'',,'',.,,',‘,2'„':",",,,,,.:-i'.:',:-:'':r:'',,';:': 4,.i:,.:.i,..:e"„:„:,,,:,,:,:,:‘,,‘,„,,;,.„,. 30j6if.,„,:,,' ftL,.,,”.„,.;„Li;;t..L..'„t&d:'[Streams,.,,,„:': ..,.,!„, ..;,..;,,.:.:(,,,'',PEQ) 9,,,';,,,,,,,,,,,,,,‘i,.',.'",:,'",'",,,,,,,,,,,,'",,,p.'"E,„,„i4',.2,,,",,Z,,„..;,,,F,,„,„..a,,,,,,,,„.,,,,,:.,,;,,,„,,,z'y,,,„:,,„,,,,,,,,a.,,.;;;„,.„,/,,,,,;,,,,,„„,,,,;,,,,;,;,,,,,,;,,,;L?,,,,,,,,,,,,„,,,.;..,,,.;,.,,;,,t;,,,,;.,,,„.,;,,■ RIt3,m,,,Am,74.. 4,,,,,,:,,,,„,„,,,,,,,,,,,,„,,,,,o,,,;,,,„,,_ , *percent of Total Miles Anadromous Fish Presence„( i,_.4K„i) . 057 p pfste4# :ff':0C1 Bull Trout Presence; ire )Net, a47g7 i 444 ACRES PERCENT Forest 26,303 70% Grain Crops 61 0% Land Cover/Use/2 Grass/Pasture/Hay 2,545 7% Based on a 100-foot stretch on both Orchards/Vineyards 0 0% ..,........ sides of all streams Row Crops 4 0°/o in the 100K Hydro GIS Shrub/Rangelands - Includes CRP Lands 4,578 12% Layer Water/Wetlands/Developed/Barren 3,837 10% Total Acres of 100-foot Stream Buffers 3 , :,,,,,,,,,,,.„„,,,,,„„,,,,t,,,,,,,,,,,,,:,,,T,:1,1„,,,,,i,,,,,;4,„:„„,„,,,,i,„87,1a,,,f,::::,,:„),,,,,,,,,,,,, '''''');''''''';',;;;,'I'''"''',7,2",'",,'''''.,""'"';,'',',',,,„,,„,,„,22„t,„":,2",,,,,,,":.",'",'"‘,!',"P,;‘,"){,',,'I,'',,r1';,'';'4'',,,,■,,,'"",,',;”,F,„,;,',"',,",':,',,,',,I,,,,,,,,,,E,',',,,,":",",,',-,'1,',',',,,"'"''":""';'2-,7,'",,,. 1,', ;S1IT,iht,;'limitations'' ; , 0 t „ ( m',"N:ap,„„f„';',,,,,,„,,,A,,,t't,.,r,,,,,:: 3: " if;',,'''''.i'':,'‘;''',"'iI",''"‘,,',''';,'''::',''.,'''',,,,,,,;‘„,,,:,,:'',;''',,;'''”',,,;1,,,;,'•:,';",E':''„,,'';','',::''‘',,,'n../.,,,'',.',1'''('('”;1'''g''''''',}'',';,"(;'.,',';'''1,";„"::!'",.:''".■,''',"v'''.'';,"'"'.',,,.'',,'":T,'''/,!'";",,'''..'',,!':,',''6',','..''.,'''-,,,,,,..'„,”,9,,':,!4,,',$,:'T,:',,,,:,:',,:‘,,::‘",,'i",,:'';,':,,,''',,:,''',,',1"',,':.,1'''''',':'',i;:,',!r":,'',,'I2:''',,:'',!'"::,,'0,:':'''',,',,":,')'v,,:::',,,,I',,4!''',,',.':,',2,'‘,',,.:■,:','"',,,,'',;,,':',',,2;..'',";;,',1'2,,.:.,.,:''::.",:.,";',‘:;',,,',;'',",7,:,:..,.,;'':':-::,::::N',"'!,::''',!,,;',:',,;:''",,'';,j,,,,i,';,,,,:',,,,'.";,.,,'',;,:,,,',;'‘',,',:'‘"‘2-,'','‘2:,,:''',:,!,',:,,,:,':,,,,::',!,;::,',,,''',,,;'',',,,,,,,,I,,2,,.,,,:,,,,),,:,',',:,„.,",,,,',,j'„;',,„;:,- -,,-',Z'',:a"-'",-','',.'3,;,'',1:',,o,'",,‘,"':‘„d, drd':,t,,u,,:,,,,',,,'',,"i:f t;'.'',W;, ■t:''-a-”,t-i-o'“:S g a tiTtfs?77 529f,„',,,i,„'"p,,'"01,,h,‘,,„,t!, 8;,,,,,,,,Nd5o,,,,;_7;,;,12,„, 4 „YrY severe iimitatials „ 4700„ fH Laii ,Capability'?1 (Croplands ,Pasturelands 5 - n erosion hazard,but other limitations 41 „ 0W Only) limitations; unsuitable for cultivation; e,660 10Pi,,,p0 o,,:„:,,,,H„,:,, limited to pasture,range,forest i;19 1y14:1.1,Etirilake ::,,r9fr - , unsuitable for , il ,, :,„,,,,,,,,,,,,,,,-;,,,7,,,,;,‘,0%,,,,;:„),,‘;,,,,:„,,,,:,„, 9- - ' Only)' ' ‘:‘' '' 7'',-Very severe limitations, Non-Federal Lands nd5' , it. atibu• limited to grazing,forest,wildlife ''',, ,-:,,,,,,,,l,,,2, '''' '' ',,, ,,,;:,,,;;,,,,F,,,,,,,,,,,,,',,,,,,,,,,,,,,,,,,,,, ,,,,,,-::::,,, habitat 8- miscellaneous areas; limited to recreation,wildlife habitat,water supply Total &Pasture an d Confined Animal Feeding Operations - Oregon CAFO Permit - 12/2004 ,, ,,,,,,2;,;;,!:::other,.',.'', Animal Type Feedlot Poultmf....L. ' Na.'bf Permitted Farms ,, 3 0 0 0 0 1 ,, No.of Permitted Animals ' 685 0 0 0 0 200 5 of 12 Last printed 3/13/2006 9:09 AM March 13, 2006 USDA DCS Upper Deschutes - 17070301 FINAL 101111 1411 8-Digit Hydrologic Unit Profile MAY 2005 N,gVdl RE,`arrfCiS CMF:r8t4,111 Sfria Resource Concerns Back to Contents Tons of Soil Loss by Water Erosion: Due to the limited amount of non-Federal cropland and pastureland within this HUG, no reliable NRI soil loss estimates are available. ❖ Severity-seven percent of all listed stream miles have temperatures exceeding State 2002 Water Quality Concerns i water quality standards. Elevated stream 303d list and TMDL Parameters temperatures may be due to inadequate riparian shade, stream channel widening, warm irrigation return flows, and other 180 r anthropogenic or natural causes. 160 ,Lu,. Eid �� °; d�P is a "6, r �. Nr °, a 7, °rr , 140 � Stream reaches listed for sediment and 120 ''1;' ,'.w , ,' turbidity are affected by erosion on 180 ;; croplands and streambanks. co r ".7 i Dissolved oxygen, chlorophyll a, and pH �;, 40 a ,i d , f.77 ra,r'I r d i p rhi commonly are indicative of high nutrient 200 _ '6, G, ,;i P" '� wi :,.,d I'.Gi,� loading from phosphorus attached to sediment or from dissolved nutrients in e �� e surface runoff, wek`f ate.§ Q a;o �a\ -S\ 5e awe Qe� ec� �� nor O�\5 •r Conservation practices that can be used to Qa� �� ea� Gr\° \yea address these water quality issues include \.z ,4'' yyo erosion control, nutrient management, \�-` � O\ grazing P management, irrigation water management, and use of riparian buffers. Watershed Projects, Plans,Studies,and Assessments NIRCS,Watershed Prajects5 NRCS Watershed Plans, Studies,and Assessments Name Status Name Status McKenzie Canyon Irri ation Project Active McKenzie Canyon Irrigation Project Completed - 2004 •,b+ p.rMlrs�'s ', µ ODA A.ricultural Water •uali Maria•emeit Plans ;r,! IatiC1te,'4;5 _'d. ,da :"; i;Status Name Crooked River Completed Upper Deschutes Basin Data Collection Middle Deschutes Completed U..er Deschutes Completed 9Mr,i, '''1'"1 it ,e nvdt; :: r 'I 11 74::, 3k 7'ddillllll'IV"W arfi ,h ,iamr ry' m' �' .: G�,: �fi � gym,, d. r r . "�� Y I m a e a CP W n it s ss 1 a i t �i i l�h�l�,w a yypl�y h_ G� �i� m� w r y � �� r, III fl Yhl.ul'V"s Crooked River and Upper Deschutes Upper Deschutes Watershed Deschutes Subbasin Plan Watershed Councils Assessment (Continued on page 8) 6 of 12 Last printed 3/13/2006 9:09 AM March 13, 2006 USDA Upper Deschutes - 17070301 FINAL. 8-Digit Hydrologic Unit Profile AY 00\Rcs ? ,,,,, , ,,,, , „.„,„,,..,,„c,.4,..r.,,,,,',.„q),t;4,4'01,t,,,.. 17070301 " Surface and Groundwater i Resource Pratectlon Map ._ j c r w ,_,,,_,.,,Th M 5trea r n ,Jv 303d Listed Streams '' Graurid.Nater M anagernertt Ares , !i i Legen r- Sole Source Aquifers ..., i if Groundwater RestrictiedAreas N ■ county Boundary r^ r 9, , 1l c �� df ��iid� I�INnid ,�,re:«..ve. »+«:�.. «. ' ,ur" kCC�uN�,;..N!�il. 'R�'�b�ahL1 . map Footnote "•' 7of12 Last printed 3/13/2006 9:09 AM March 13, 2006 USDA Drc Upper Deschutes - 17070301 FINAL 8-Digit Hydrologic Unit Profile �q °ru•i;",ti� C"61.G(: C,;,ry�;."Y;;!i;:r,S, k'CF MAY 2005 Resource Concerns - Continued Back to Contents Resource Concerns/Issues by Land Use L. ar ' 1 o. c ct SWAPA +H Concerns Specific Resource Concern/Issue ell z e fn a c ra a l7 ce y c 0 Soil Erosion Wind Irrigation Induced X Water Quantity Water Management For Irrigated Land X Water quality, Surface Tem.erature 1E11= MEM Plait'Condi o P •d ictlVi Habit an+ Viodr Animal Habitat, Domestic Management ©_■©_ .Animal Ha �itat ,.W,ildlife "' Food ov r 'af d fir SheltS r ;'. . 7Cv°". Land Use Constraints/Restrictions ® ©1111 Human, Economics High Capital/Financial Cost__ High Labor Cost or Availability _ Low or Unreliable Profitability rn QQ—M© Human , :cial ,vmmunit Well-Rein• .1 G. X Human, Political Lack of Technical Assistance X X X X Grass/Pasture/Hay • Water and grazing management are primary concerns in areas of irrigated pasture on small farms and ranches. • Low profitability on ranches and unavailability of technical assistance for small farms and ranchettes hinder conservation efforts. Grain and Row Crops • Wind erosion and water management are resource concerns on irrigated cropland. • High capital and labor cost to improve and manage more efficient irrigation systems is an obstacle to use of additional conservation practices, especially in areas used for row crops. Rangeland and Forest land • Overstocked lodgepole pine/ponderosa pine on forest land and invasive weeds on rangeland reduce the productivity for timber, grazing, and wildlife habitat. • Some of these areas are under pressure for development into ranchettes and vacation and recreational property. FEDERALLY LISTED THREATENED AND ENDANGERED SPECIESU THREATENED SPECIES CANDIDATE SPECIES Mammals - Canada lynx Birds— Yellow-billed cuckoo Birds- Bald eagle, Northern spotted owl Amphibians and Reptiles— Oregon spotted frog Fish - Bull trout PROPOSED SPECIES— None ESSENTIAL FISH HABITAT- - None 8 of 12 Last printed 3/13/2006 9:09 AM March 13, 2006 U Upper Deschutes - 17070301 FINAL ail 8-Digit Hydrologic Unit Profile M 2005 --'iifl'w'.i'!,e5:!'Wr(e',:', �.,e?':w:�ri.,,"�:C. A�&dw. id Census and Social Data - Back to Contents Number of Farms: 1,127 1,000 Number of Operators: 1,820 900 • Full-Time Operators: 571, E � - -- `` ' ,, ,. LL Eno e,� • Part-Time Operators: 1,249 500° 400 is -- z 200 ., " 0 Estimated Level of Willingness and Ability to Participate in Conservation: L' 10o 0 ;,. � � , • Full-time, large-acreage operators farming 1-19 50-179 180-499 500-999 1,000+ over 90 percent of the agricultural land: Size of Farms(Acres) MODERATE TO HIGH __ • Part-time, small-acreage (<50 acres) operators: LOW TO MODERATE The full-time, large-acreage family farmers in the Upper Deschutes subbasin, whose operations are in at least fair financial health, generally are both able and willing to try conservation practices and systems. Increasing awareness of local resource concerns and the connections to their agricultural operations may improve the rate of adoption of conservation practices. The part-time, small-acreage farmers, who comprise the majority of the farmers in the subbasin, are well-educated and somewhat aware of the resource concerns in their area. Because of their off-farm work, many of the small- acreage farmers have limited farming experience, minimal familiarity with USDA programs, and limited time to try new conservation practices and systems. While their ability may inhibit adoption of conservation practices, these operators do show concern for the environment and a willingness to consider conservation practices. These landowners, however, will need more time. Evaluation of Social Capital: L6 MODERATE A fundamental problem in the Upper Deschutes subbasin is that the community does not recognize agriculture's contribution to the economic viability and quality of life in the community. Thus, the community is currently not a source of help in promoting conservation among local agricultural landowners. The community has demonstrated an ability to work together to solve other community problems. The key to conservation diffusion among farmers in this subbasin is getting the community to appreciate the value of agriculture,,t��o��their well-being. Disadvantaged Communities 1:J ni..d.a,rap«d c.,�.w�.mex Nfr�� one f actor x ME 6 au FI.OWN Twn•acimv c Tlewe Feaawy nwg i.wtcae.,m.md.. me, P , J cf 40" Y/ 9 of 12 Last printed 3/13/2006 9:09 AM March 13, 2006 U DA Upper Deschutes - 17070301 FINAL. AM 8-Digit Hydrologic Unit Profile MAY 2005 Progress/Status Back to Contents -..__ Systems (.._ > r _... »er Total PRMS Data FY99 Fran FY01 FY02 FY03 Avg/Year Conservation 5 stems Planned Acres 3 302 5,155 1,038 0 0 9,495 progrearg, alp, Total Conservation 5 stems A•.lied Acres 298 262 2,002 0 0 2,562 Conservation Treatment Waste Management(Number) 0 0 0 0 0 a 0 Buffers (_Acres) _ 0 0 0 0 0 potwommigi Erosion Control (Acres) 218 262 355 0 0 61#EitIVR^Iiiallitia 835 Irrigation Water Management(Acres) 545 0 296 _ 0 0 ANE:g:Iiffilial, 841 Nutrient Management(Acres) 0 0 0 0 0 ronNalltiiii 0 Pest Management(Acres) 0 103 133 0 0 236 Prescribed Grazing (Acres) 70 0 1,106 0 0 1,176 Trees and Shrubs (Acres) 0 0 32 0 0 g" 32 Conservation Tillage (Acres) 0 __ o 0 0 0 °e 0 Wildlife Habitat (Acres) 20 1,005 _ 472 0 0 1 497 lu Wetlands (Acres) _ 0 0 0 _ 0 0 0 Resource Status Cumulative Conservation Progress over the last five years has been focused an: 1 Application on Private Lands -- Prescribed grazing on rangeland and pastureland. 0% 20% 40% 60% 80% 100% – Erosion control and water management on pastureland and cropland. -. Wildlife management. I Row Crops I III A I u'µ I iie $ r 7 C;rain Cost to improve irrigation water management " „,,c,..1 PiCREp ;ti I” �;, , , i ` can hinder water conservation on cropland. a ' OrchlVinefCenies my ullti.:, 11-'4 I�',Ii ',, �rr�ry, Ir f m��- � �� 1�" �n "„ "� Forested areas developed as homesites and for Grass-Pasture-Hay recreational property commonly are not actively Rangeland-Shrub IMMIIIMOMMMI managed for timber or wildlife. Forest •:• Private, non-industrial forest land that is not"Mil - — j managed commonly creates fire safety issues. Li RMS Level •Progressive •Benchmark 1 I (EStima tes are based on information received from local conservationists in the watershed.) Lands Removed from Production through Farm Bill Programs :• Conservation Reserve Program (CRP): None Wetland Restoration Program (WRP): None •:• Conservation Reserve Enhancement Program (CREP): None 10 of 12 Last printed 3/13/2006 9:09 AM March 13, 2006 USDA Upper Deschutes - 17070301 FINAL al I I 8-Digit Hydrologic Unit Profile -, MAY F rwi Footnotes/Bibliography Back to Contents All data is provided "as is." There are no warranties, express or implied, including the warranty of fitness for a particular purpose, accompanying this document. Use for general planning purposes only. 1. Ownership Layer - Source: The 1:24,000 scale public ownership layer is the land ownership/management for public entities, including Federal, Tribal, State, and local entities. This is a seamless, statewide Oregon Public Ownership vector layer composed of fee ownership of lands by Federal, State, Tribal, county, and city agencies. The layer is comprised of the best available data compiled at 1:24,000 scale or larger, and the line work matches GCDB boundary locations and ORMAP standards where possible. The layer is available from the State of Oregon GIS Service Center: http://www.gis.state.or.us/data/alphalist.html. For current ownership status, consult official records at appropriate Federal, State, and county offices. Ownership classes grouped to calculate Federal ownership vs. non-Federal ownership by the Water Resources Planning Team. 2. National Land Cover Dataset (NLCD) - Originator: U.S. Geological Survey (USGS); Publication date: 19990631; Title: Oregon Land Cover Data Set, Edition: 1; Geospatial data presentation form: Raster digital data; Publisher: U.S. Geological Survey, Sioux Falls, SD, USA; Online linkage: http://edcwww.cr.usgs.gov/programs/Iccp/nationallandcover.htm.l; Abstract: These data can be used in a geographic information system (GIS) for any number of purposes, such as assessing wildlife habitat, water quality, pesticide runoff, land use change, etc. The State data sets are provided with a 300-meter buffer beyond the State border to facilitate combining the State files into larger regions. 3. ESTIMATES FROM THE 1997 NRI DATABASE (REVISED DECEMBER 2000) REPLACE ALL PREVIOUS REPORTS AND ESTIMATES. Comparisons made using data published for the 1982, 1987, or 1992 NRI may produce erroneous results. This is because of changes in statistical estimation protocols and because all data collected prior to 1997 were simultaneously reviewed (edited) as 1997 NRI data were collected. All definitions are available in the glossary. In addition, this December 2000 revision of the 1997 NRI data updates information released in December 1999 and corrects a computer error discovered in March 2000. For more information: http://www.nrcs.usda.govitechnical/NRI/ 4. Irrigated Adjudicated Water Rights - Water Rights Information System (WRIS), Oregon Water Resources Department, httQ://www.wrd.state.or.us/maps/wrexport.shtml 5. StreamNet is a cooperative venture of the Pacific Northwest's fish and wildlife agencies and tribes and is administered by the Pacific States Marine Fisheries Commission. StreamNet provided data and data services in support of the region's fish and wildlife program and other efforts to manage and restore the region's aquatic resources. Official StreamNet website: http://www.streamnet.org/ 6. Natural Resources Conservation Service, Watershed Projects Planned and Authorized, a. o r ms watershed r http://www.nres,usd v q /prog a / /Pu p ose. 7. Natural Resources Conservation Service, Watershed Plans, Studies, and Assessments completed, http://www.nrcs.usda.qov/orograms/vvatershed/Surveys and%20Plan 8. Oregon Department of Environmental Quality Total Maximum Daily Loads, http:/./www.deq.state.or.us/wq/TMDLs/TMDLs.htm 9. Oregon Department of Agriculture, Agricultural Water Quality Management Plans, http://www.oregon.gov/ODA/NRD/water agplans..shtml 11 of 1.2 Last printed 3/13/2006 9:09 AM March 13, 2006 U DA DCS Upper Deschutes - 17070301 FINAL all MI 8-Digit Hydrologic Unit Profile ;,, .rl ,�owrctt.wwns-rva;;wt .? MAY 2005 Footnotes/Bibliography Continued Back to Contents All data is provided "as is." There are no warranties, express or implied, including the warranty of fitness for a particular purpose, accompanying this document. Use for general planning purposes only. 10. Oregon Watershed Enhancement Board, http://oregon.gov/OWEB/.WSHEDS/index.shtml 11. Watershed Assessments completed by local watershed councils following the Oregon Watershed Assessment Manual, http://oregon.gov/OWEB/dots/,pubs/ws assess manual,shtml. 12. NRCS Field Office Technical Guide, Section II, Threatened and Endangered List. 13. Magnuson-Stevens Fishery Conservation and Management Act, Public Law 94-265. As amended through October 11, 1996. 14. Data were taken from the 2002 Agricultural Census and adjusted by percent of HUC in the county or by percent of zip code area in the HUC, depending on the level of data available. Data were also taken from the U.S. Population Census, 2000. 15. Conservation participation was estimated using NRCS Social Sciences Technical Note 1801, Guide for Estimating Participation in Conservation, 2004. Four categories of indicators were evaluated: Personal characteristics, farm structural characteristics, perceptions of conservation, and community context. Estimates are based on information received from local conservationists in the watershed. 16. Social capital is an indicator of the community's ability and willingness to work together to solve problems. A high amount of social capital helps a community to be physically healthy, socially progressive, and economically vigorous. A low amount of social capital typically results in community conflict, lack of trust and respect, and unsuccessful attempts to solve problems. The evaluation is based on NRCS Technical Report Release 4.1, March, 2002: Adding_Up Social Capital: An Investment in Communities. Local conservationists provided information to measure social capital. Scores range from 0 to 76. 17. Surface and Groundwater Resource Protection Map a. 2002 303d Listed Streams designated by Oregon Department of Environmental Quality and approved by the Environmental Protection Agency, Section 303d Clean Water Act, http://www.deg.state.or.us/wq/303dlist/303dpage.htm b. Groundwater Management Areas designated by the Oregon Department of Environmental Quality, Oregon Revised Statutes - Ground Water ORS 468B.150 to ORS 468B.190, htto://www.deq.state,or.us/wq/groundwa/wggw.htm c. Groundwater Restricted Areas designated by Oregon Water Resources Commission, Oregon Department of Water Resources, http://egov.oregon.gov/OWRD/PUBS/aquabook protections.shtml, d. The Sole Source Aquifer (SSA) Protection Program is authorized by Section 1424(e) of'the Safe Drinking Water Act of 1974 (Public Law 93-523, 42 U.S.C. 300 et. seq), http://www.epa.gov/safewater/ssanp.html 18. Subbasin assessments and plans are developed by local groups (SWCDs, watershed councils, tribes, and others) as part of the Northwest Power and Conservation Council's fish and wildlife program in the Columbia River Basin. This program is funded and implemented by the Bonneville Power Administration. http://www.nwcouncil.orq/fw/subbasinplanning/Defaul t.htm. 12 of 12 Last printed 3/13/2006 9:09 AM March 13, 2006 . '•A�q .# i te. :.: - -- . . _ -:• - „,-.- 1ft* . : -,. :•:-:•,---,.:::•.:,-,-•='..-.-.'' .,:..-.-i,- -:_•--• •3F-., ••,,, - ,..,,.,..;•:__.-.:..;t:..,:- -i .... . ,,. .. , } 1:-. -• ►F * T•it ._ .. .. 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A.:•-.7.,: �':� � p'' _ "sw i.4a� ` v 01" { 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 December 21, 2015 DATE: 12/17/15 FROM: Matthew Martin Community Development Department 541-330-4620 TITLE OF AGENDA ITEM: Deliberations - File No. 247-15-000-542-TA, Proposed Land Use Regulations of Marijuana Related Businesses PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: On November 4,2014 voters approved Measure 91, which legalizes the consumption and sale of recreational marijuana in Oregon. In 2015,the State Legislature passed five bills related to the regulation and taxation of recreational and medical marijuana. The most significant of these five bills is House Bill 3400, which revised a number of the key elements of Measure 91 and clarified provisions related to local regulation of marijuana businesses. State law provides for four categories of OLCC-licensed,marijuana-related uses—recreational marijuana production, recreational marijuana processing,recreational marijuana wholesaling and recreational marijuana retailing—and three categories of OHA-registered, marijuana-related uses medical marijuana production, medical marijuana processing and medical marijuana dispensaries. Deschutes County may not completely prohibit any of the defined types of marijuana-related land uses without a vote of the people. The County may decide to opt out of one or more marijuana-related businesses by December 27, 2015 (the last Board meeting prior to this deadline is December 21, 2015). In addition, state law gives the county the authority to adopt"reasonable regulations"regarding these uses. In September 2015, the Board held a series of work sessions to identify policy decisions and draft proposed standards for marijuana-related businesses in unincorporated Deschutes County for the Deschutes County Planning Commission to review and provide a recommendation. On November 5 and 12, 2015, the Planning Commission conducted public hearings to receive public testimony on the proposed regulations. Subsequently, on November 16 and 23,the Planning Commission deliberated on the proposed regulations. The Planning Commission voted 7-0 to forward a package of recommendations to regulate marijuana businesses in unincorporated Deschutes County. The Commission also voted 5-2 to recommend the County not prohibit or"opt out"of any marijuana business type regulated by the State. On December 2, 2015, the Board of County Commissioners conducted a public hearing to to receive public testimony on the proposal. FISCAL IMPLICATIONS: Unknown RECOMMENDATION & ACTION REQUESTED: Deliberation and decision on opt out of any marijuana related business and proposed regulations. ATTENDANCE: Matthew Martin, Associate Planner, Nick Lelack, Community Development Director DISTRIBUTION OF DOCUMENTS: Matthew Martin, CDD , 2" , Community Development Department °,, Planning Division &sliding Safety Division Envirortinantal Soils Division 0 iti.,,.,,;,„4 , $ 4-444'4 ' k,,.:;10 18r :;•� e4't"'";t'1'tw.;.°.d"y;a'.w.a,rev meal't !"1WN"". i, ,ri,'Hl„!dh'M`ssl,`ve.', htir" E'»*,' P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Matthew Martin,Associate Planner Nick Lelack,Community Development Director DATE: December 17,2015 SUBJECT: Deliberations—Marijuana Related Business Regulations,County Land Use File No. 247- 15-000542-TA. I. SUMMARY The purpose of this memorandum is to summarize decision points, including whether or not to opt out of any or all marijuana businesses,and to identify policy questions pertaining to the types of marijuana businesses allowed or prohibited in each rural zone and reasonable time, place,and manner regulations. Materials provided in this packet or online for the Board's consideration include the following: 1. The public record,which is available online at www.deschutes.org/marijuana and at http://dial.deschutes.org/Real/DevelopmentDocs/151096—please scroll down to File No. 247-15- 000542-TA and click on this file to access the record. Please note the website is intended to be informational only. Documents in both online locations comprise the entire record. A hard copy of the record has been submitted to the Board.Additional public comments submitted by the close of the written record on Thursday, December 17 at 5:00 p.m.will be provided to the Board on Friday, December 18 before noon. 2. The Planning Commission's recommendations. 3. The Board of County Commission's initial proposal. 4. Ordinances to opt out of each or all marijuana related businesses. December 21 is the last regular Board meeting prior to the 180-day deadline(December 27)to opt of out of marijuana related businesses under HB 3400. Key decision points during the deliberations include whether to opt out or to adopt reasonable time place and manner regulations pertaining to marijuana businesses. If the Board decides to opt out,the ordinance(s) must be adopted at this meeting. If the Board decides not to opt out, it will provide Quality Services Performed with Pride direction to staff at this meeting concerning code amendments and enacting ordinance(s)for the Board's consideration and adoption on December 28 and/or December 30. The Board's deliberations at this meeting may begin or end with consideration and discussion of whether to pursue the opt out option(s) provided by HB 3400. II. ZONING Please refer to Exhibit A and Exhibit C listing marijuana businesses in rural zoning districts. Policy questions: (1) Which zones to permit marijuana businesses, if any? (2) If permitted, how to permit marijuana businesses in each zone—as outright permitted uses(P), Conditional Uses(CU)? (3) If marijuana production is outright permitted (P) in the Exclusive Farm Use Zone,should it be a Development Action or Land Use Action? III. REASONABLE TIME, PLACE,AND MANNER POLICY QUESTIONS Please refer to the two versions of Table 2 summarizes specific use (reasonable time, place,and manner)standards and regulations. Table 2 also includes additional Planning Commission recommendations. One version of Table 2 is the Planning Commission's recommendation and the other is the Board's initial proposal. Please note the list of policy issues and questions is not exhaustive. This list is intended to highlight the most prominent policy decision points. Many unresolved legal questions remain regarding the lawful extent and scope of regulations. 1. Should minimum lot sizes be established? The Board's initial draft proposal did not designate a minimum lot size in the EFU Zone but did provide for 5 or 10 acre minimum lot sizes in other zones for production and processing uses. The Planning Commission recommended a 20-acre minimum lot size in the EFU Zone. 2. If marijuana production and processing is allowed in the Forest, MUA-10, RR-10 Zones,and/or Surface Mining Zones: a. Should the owner be required to reside on the subject property? b. Should lot and operation size limitations be established? The initial proposals included the following lot and operation size limitations: a. An owner of the subject property shall reside in a dwelling unit on the subject property. b. The subject property minimum parcel size shall be: i. Marijuana production:5 acres. ii. Marijuana processing,Type 1:5 acres. iii. Marijuana processing,Type 2: 10 acres. 2 c. Marijuana production and marijuana processing shall be located entirely within one or more completely enclosed buildings, including greenhouses. i. A maximum of 5,000 square feet of building space may be used for all activities associated with marijuana production on the subject property. ii. A maximum of 3,000 square feet of building space may be used for all activities associated with marijuana processing on the subject property. The Planning Commission recommended marijuana production only in the EFU and Rural Industrial Zones and that processing only be allowed in the EFU and various commercial and industrial Zones. Therefore,these standards are not included in the Commission's recommendations. 3. Should Indoor/Outdoor production be defined and treated differently?If yes,should OLCC's definitions be adopted into Code as defined below or as modified by the Board? The initial draft text amendments did not differentiate between indoor and outdoor production. Rather, buildings included greenhouses for regulatory purposes. However, indoor and outdoor production definitions and regulations are provided in the Oregon Liquor Control Commission (OLCC) rules,and consistency may aid in implementation. OLCC Definitions: Indoor Production: Producing marijuana in any manner(a)utilizing artificial lighting on mature marijuana plants; or(b)other than "outdoor production." Note:This Indoor Production applies to all other greenhouses, hoop houses,and similar structures not defined by Outdoor Production. Outdoor Production: Producing marijuana in an expanse of open or cleared ground;or in a greenhouse, 1 p p g g , hoop house or similar non-rigid structure that does not utilize any artificial lighting on mature plants, including but not limited to electrical lighting sources. 4. Should access standards be required as described in the matrix or modified by the Board? 5. Should marijuana production and processing be required to comply with a 100-foot,200-foot or other setback from property lines? The Board initially proposed a 100-foot setback for marijuana production and processing. The Planning Commission recommended a 200-foot setback. 6. Should 300-foot additional setbacks from existing dwelling units not located on the same property be established? a. Should properties under the same ownership be exempted from the setback requirements from residences not on the same property? b. Should a variance be available to waive or reduce this setback if adjoining property owners consent in writing? This is the same variance process as the solar ordinance. 7. Should odor control measures apply to all indoor and outdoor production except in an expanse of open or cleared ground(i.e.,a field)or should all outdoor production (may include greenhouses, 3 hoop houses,etc.as defined by Outdoor Production above) be exempt from odor control requirements? 8. Should the lighting standards(Dark Skies Ordinance)apply to all greenhouses or only to greenhouses used for marijuana production? a. Should lighting standards apply to all Indoor and Outdoor Production? b. Should shielding lighting from view outside the building to the"maximum extent possible"be retained or should"maximum extent possible"be removed? 9. Should screening be required for new marijuana production and processing businesses,existing businesses,no businesses,or all businesses? The Board's initial proposal required screening for new marijuana production and processing businesses. The Planning Commission recommended screening be required for existing(not new) marijuana production and processing businesses because OLCC rules require screening of marijuana plants from public view. 10. Should the requirement pertaining to"proof from the water master that proposed water supply complies with all applicable local,state,and federal laws"be adopted as proposed or as modified by the Board? Staff is continuing to coordinate with the Oregon Water Resources Department on the appropriate language to reflect the intended requirement.The language will be received after the submittal of this memorandum and supporting documents for the Board's packet. Staff will provide the information separately. 11. Should separation distances also apply to parks and youth-activity centers? The Planning Commission recommended additional separation distances for parks and youth- activity centers. 12. Should the number of licenses be limited per parcel? The Planning Commission recommended limiting licenses to 1 indoor and 1 outdoor per every 10 or 20 acres—to be determined by the Board. Staff asked OLCC staff for an opinion on whether the number of licenses can be limited. OLCC staff replied, "... it would be totally up to the city/county if they wanted to limit licenses per tax lot. If you decide to do so,you will need to make sure it is through the LUCS process because OLCC does not have the current limitations in our rules and we would need to approve if all licensing criteria was met." 13. Should HB 3400 and OLCC Rules limiting marijuana businesses(i.e., prohibitions on farm stands, commercial activity in conjunction with a farm use,agri-tourism,and window service)be incorporated into County Code in the event the rules change? The Planning Commission recommended some state regulations limiting marijuana businesses be incorporated in the County Code in the event state rules change.Similarly, Clackamas County's Code incorporates such provisions. 4 14. Are there other standards to be addressed? Does the Board wish to discuss other standards or requirements not discussed above? Public input has raised a number of important issues related to sight,sound,smell, economics,environment, water, neighborhood character, and much more that might be addressed. IV. REGULATING EXISTING MEDICAL MARIJUANA PRODUCTION SITES One key issue raised throughout this process is whether and how to regulate existing lawfully established medical marijuana production (grow)sites and operations. CDD and Legal staff are of the opinion that HB 3400,Section 89(2)authorizes the County to adopt reasonable regulations that address operations of existing and future medical grow sites provided that the operator is growing for cardholders other than him/herself. In addition,Clackamas County's adopted regulations partially apply to existing medical marijuana production operations. 1. Should reasonable time,place and manner regulations apply to existing lawfully medical marijuana production sites? a. If yes,which regulations should apply? For example,should odor, noise, lighting,secure disposal, and security camera standards apply? Existing buildings and operations may retrofit existing buildings and facilities to comply with these standards. However, lawfully established buildings may not be able to comply with setbacks or access requirements. b. If yes,what should the time period be to comply? Any lawfully established medical marijuana producer eligible to opt in to recreational marijuana production would be required to comply upon approval. However,existing medical marijuana operations may be provided time(i.e.,June 1,2016)to comply with applicable regulations. V. TASK FORCE 1. Should a task force be established to review and evaluate adopted regulations,and provide recommendations for improvement? The Planning Commission recommended a task force be established for this purpose. Attachments: Exhibit A—Original Proposed Zoning and Specific Use Standards Exhibit B—Original Proposed Text Amendments Exhibit C—PC Recommended Zoning and Specific Use Standards Exhibit D—PC Recommended Text Amendments Exhibit E—Draft Opt Out Ordinances 5 ccS Community Development Department P Y ` Planning Division Building lfafaty Division Enviranmantai!mss Divisipn ,..6d. h,✓;.,hX ar „+ Apopilt,NnowkoNtY P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 — http://www.deschutes.org/cd MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Matthew Martin,Associate Planner Nick Lelack,Community Development Director DATE: December 18, 2015 SUBJECT: Deliberations—Marijuana Related Business Regulations, County Land Use File No. 247- 15-000542-TA(Supplemental Staff Report) I. SUMMARY The purpose of this brief supplement staff report is to follow up on the reasonable time, place,and manner policy issues and questions in the original staff report pertaining to water. 10. Should the requirement pertaining to"proof from the water master that proposed water supply complies with all applicable local,state,and federal laws"be adopted as proposed or as modified by the Board? Staff is continuing to coordinate with the Oregon Water Resources Department on the appropriate language to reflect the intended requirement.The language will be received after the submittal of this memorandum and supporting documents for the Board's packet. Staff will provide the information separately. II. DISCUSSION The Community Development Department staff has discussed and coordinated with the Oregon Water Resources Department(OWRD)to determine if or how the Planning Commission's recommended requirement to require"proof from the water master that proposed water supply complies with all applicable local,state,and federal laws" may be achieved. According to OWRD, local jurisdictions do not have land use jurisdiction to regulate water. In addition, OWRD cannot confirm or provide proof that the proposed water supply complies with federal laws because the agency does not have jurisdiction. Quality Services Performed with Pride Options for the Board's consideration: Options 1-3 below achieve the same goal of compliance with Oregon water law(ORS 536,537,540). 1. Adopt the Board's initial proposal: The applicant shall submit proof of a water right for the proposed marijuana production or marijuana processing,or proof of access to a public or community water system. 2. Do not adopt regulations pertaining to water supply verification;defer to the OLCC licensing process and requirements. 3. Adopt Clackamas County's language: 841.03(J)Water.The applicant shall submit: 1) A water permit or certificate number for the proposed marijuana production or marijuana processing; 2) A statement that water is supplied from a public or private water provider,along with the name and contact information of the water provider;or 3) Proof from the Oregon Water Resources Department that the water to be used for marijuana production or marijuana processing is from a source that does not require a water right. 4. Adopt the Planning Commission's recommendation as proposed or modified,and continue to work toward a process to achieve compliance with federal water law prior to January 4,2016. 5. Other. 2 EXHIBIT A DESCHUTES COUNTY PLANNING COMMISSION DELIBERATION WORKSHEET PROPOSED MARIJUANA RELATED BUSINESSES—PERMITTED (This table identifies the zones where marijuana related uses proposed to be allowed.) Zone I Processing I Production I Retail I Wholesale Permitted(P) Conditional Use(CU) Not Allowed(-) Type Type P-office only 1 2 CU-w/storage TITLE 18 Deschutes County 18.16 Exclusive Farm Use-EFU P P P - 18.32 Multiple Use Agricultural-MUA10 CU CU CU 18.36 Forest Use-F-1 - CU - 18.40 Forest Use-F-2 - CU - 18.52 Surface Mining-SM - - CU - - 18.60 Rural Residential-RR-10 - CU - - 18.65 RURAL SERVICE CENTER-UC 18.65.020 Commercial Mixed Use District (Brothers,Hampton, Millican, - - CU CU P Whistlestop,Wildhunt) 18.65.021 Commercial Mixed Use(Alfalfa) - - CU CU P 18.65.022 Residential District(Alfalfa) - CU - - 18.66 TERREBONNE RURAL COMMUNITY 18.66.030 Residential 5-acre-TeRS - CU - - 18.66.040 Commercial-TeC CU CU P P/CU 18.66.050 Commercial Rural-TeCR CU CU - P P/CU 18.67 TUMALO RURAL COMMUNITY 18.67.030 Residential 5-acre-TuR5 - - CU - 18.67.040 Commercial-TuC CU CU - P P/CU 18.67.060 Industrial-Tul P CU CU 18.74 RURAL COMMERCIAL 18.74.020 Deschutes Junction and Deschutes River Woods Store CU CU 18.74.025 Spring River _ CU - • 18.74.027 Pine Forest and Rosland - - CU P 18.100 Rural Industrial P/CU CU CU CU - 18.108 SUNRIVER UUC 18.108.050 Commercial-SUC - - CU P 18.108.055 Town Center-TC - CU 18.108.110 Business Park-SUBP P CU - CU P/CU TITLE 19 BEND No Marijuana Related Businesses Allowed TITLE 20 REDMOND No Marijuana Related Businesses Allowed TITLE 21-SISTERS No Marijuana Related Businesses Allowed 1 I I J a 1 • w • M 3 ° - o 5 a F w ma a - W • C' as G 2 m vn . c E p i 22 V < v u a za z ,_ a v+ . 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N "' H 2. O C o 3 , d 1 o. g C 2, $ d n ° o `E C ` 8 Z v t y ° Su a, mm F-. m o v g s N E N ry y m v o o«Y C.g G E E c v E. s o° f % . aa o _p p o m ,a?! Nr , ', ° ro f. w E a s C " y g a m� `o od s E = ` t tm r -1,s � ? ` `o m y y` ` n d c "SOP a m ? u a a d n a=c gm t m E N°i E a E u° a n E a o E 2 3 3 g, ` o E „ • 3 Eile e '0 o n n Nvii c r+ $ a i o x = N E s 8 • EXHIBIT B "****"Denotes portions of this Section not amended by Ordinance 2015-022. Chapter 18.04. TITLE,PURPOSE AND DEFINITIONS 18.04.030. Definitions. **** "Cannahinoid"means any of the chemical compounds that arc the active constituents of marijuana. "Cannabinoid concentrate"means a substance obtained by separating cannabinoids from marijuana by a mechanical extraction process;a chemical extraction process using a nonhydrocarbon-based or other solvent,such as watet-,_vegetable glycerin,vegetable oils,animal fats, isopropyl alcohol,or ethanol;a chemical extraction process using the hydrocarbon-based solvent carbon dioxide,provided that the process does not involve the use of high heat or pressure;or any other process identified by the Oregon Liquor Control Commission,in consultation with the Oregon Health Authority,by rule_ "Cannabinoid edible"means lood or potable liquid into which a cannabinoid concentrate,cannabinoid extract,or dried marijuana leaves or flowers have been incorporated. "Cannabinoid extract"means a substance obtained by separating carmabinoicls from marijuana by a. chemical extraction process using a hydrocarbon-based solvent such as butane.hexane or propane; a chemical extraction process using the hydrocarbon-based solvent carbon dioxide,if the process uses high heat or pressure; or any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority,by rule. "Cannabinoid product"means a canna.hinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair,that contains • cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include usable marijuana by itself,a cannabinoid concentrate by itself,a cannabinoid extract by itself,or industrial hemp as defined in Oregon Revised Statutes 571-300. **** "Marijuana"means the plant.Cannabis family Cann.abaccac,any part of the plant Cannabis family Cannabaceae,and the seeds cif the plant Cannabis family Cannabaceae. Marijuana does not include industrial hemp as defined in Oregon Revised Statutes 571.300. "Marijuana items"means marijuana,cannahinoid products,cannabinoid concentrates,and cannabinoid extracts. "Marijuana processing,Type 1"means the processing of marijuana limited to trimming,drying,curing, andpackagin jg of harvested marijuana,provided that the marijuana processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health Authority "Marijuana processing,Type 2"means the processing of marijuana that extracts concentrates, infuses products,or involves mechanical and/or chemical processing in addition to drying,curing,trimming,and packaging,provided that the marijuana processor is licensedby the Oregon Liquor Control Commission or registered with the Oregon Health Authority.. Marijuana production means the manufactureiplanting,cultivation,growing,trimming,harvesting,or drying of marijuana,provided that the marijuana producer is licensed by the Oregon Liquor Control Pa OP 1 of 7-FX1-1111T A OF OR DIN ANCF.N(l 70154177 Commission,or registered with the Oregon Health Authority and a"person designated to produce marijuana by a registry identification cardholder." "Marijuana retailing"means the sale of marijuana items to a consumer,provided that the marijuana retailer is licensed by the Oregon Liquor Control Commission for recreational marijuana sales or registered with the Oregon Health Authority for medical marijuana sales. "Marijuana wholesaling"means the purchase cif marijuana items for resale to a person other than a consumer, provided that the marijuana wholesaler is licensed by the Oregon Liquor Control Commission. "Person designated to produce marijuana by registry identification cardholder"means person designated to produce marijuana by a registry identification cardholder under Oregon Revised Statutes 475.304 who produces marijuana for a registry identification cardholder at an address other than the address where the registry identification cardholder resides or at an address where more than 12 mature marijuana plants are produced. I ((yd.20'15-022 §l,2015'Ord.2015-004§1,2015;Ord.2014-009§1,2014;Ord.2013-008§1,2013; Ord.2012-007§1,2012;Ord.2012-004§1,2012;Ord.2011-009§1,2011;Ord.2010-022§1,2010;Ord. 2010-018 3,2010,Ord.2008-007 §1,2008;Ord.2008-015 §1,2008;Ord.2007-005 §1,2007;Ord.2007- 020§I,2007;Ord.2007-019§1,2007;Ord.2006-008 §1,2006;Ord.2005-041 §1,2005;Ord.Chapter 18.04 35(04/2015)2004-024§1,2004;Ord.2004-001 §1,2004;Ord.2003-028 §1,2003;Ord.2001-048 §1,2001;Ord.2001-044§2,2001;Ord.2001-037§1,2001;Ord.2001-033 §2,2001;Ord.97-078 §5, 1997;Ord.97-017 §1, 1997;Ord.97-003 §1, 1997;Ord.96-082 §1, 1996;Ord.96-003 §2, 1996;Ord. 95-077§2, 1995;Ord.95-075 §1, 1975;Ord.95-007§1, 1995;Ord.95-001 §1, 1995;Ord.94-053 §1, 1994;Ord.94-041 §§2 and 3, 1994;Ord.94-038§3, 1994;Ord.94-008§§1,2,3,4,5,6,7 and 8, 1994; Ord.94-001 §§1,2,and 3, 1994;Ord.93-043 §§1, IA and 1B, 1993;Ord.93-038 §1, 1993;Ord.93-005 §§1 and 2, 1993;Ord.93-002§§1,2 and 3, 1993;Ord.92-066§1, 1992;Ord.92-065 §§I and 2, 1992; Ord.92-034§1, 1992;Ord.92-025 §1, 1992;Ord.92-004 1 and 2, 1992;Ord. 91-038§§3 and 4, 1991; Ord.91-020§1, 1991;Ord.91-005 §1, 1991;Ord.91-002§11, 1991;Ord.90-014§2, 1990;Ord, 89-009 §2, 1989;Ord.89-004§1, 1989;Ord.88-050§3, 1988;Ord.88-030§3, 1988;Ord. 88-009§1, 1988; Ord.87-015 §1, 1987;Ord.86-0562, 1986;Ord. 86-054§1, 1986;Ord.86-032 §1, 1986;Ord.86-018 §1, 1986;Ord.85-002 §2, 1985;Ord. 84-023 §1, 1984;Ord.83-037§2, 1983;Ord. 83-033 §1, 1983;Ord. 82-013 §1, 1982) Pa of of 7-FXHTRTT A (lF OR[)tN ANCF.N(l 7(115-rY7 Chapter 18.16. EXCLUSIVE FARM USE ZONES 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: A. Farm use as defined in DCC Title 18. B. Propagation or harvesting of a forest product. C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197,732(2)(a)or(b). D. Accessory buildings customarily provided in conjunction with farm use. E. Climbing and passing lanes within the right of way existing as of July 1, 1987. F. Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way,but not including the addition of travel lanes,where no removal or displacement of buildings would occur, or no new land parcels result. G. Temporary public road and highway detours that will be abandoned and restored to original condition or use when no longer needed. H. Minor betterment of existing public road and highway-related facilities such as maintenance yards, weigh stations and rest areas,within a right of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public roads and highways. I. Creation,restoration or enhancement of wetlands. J. A lawfully established dwelling may be altered,restored or replaced,subject to DCC 18.16.023. 1. The replacement dwelling is subject to OAR 660-033-0130(30) and the County shall require as a condition of a pp roval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner'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 no action or claim is allowed under ORS 30,936 to 30.937. K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the National Register of Historic Places and on the County inventory as a historic property as defined in ORS 358.480,and subject to 18.16.020(J)(1)above. L. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. M. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following: 1. A public right of way; 2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained;or 3. The property to be served by the utility. N. The land application of reclaimed water,agricultural process or industrial process water or biosolids for agricultural,horticultural or silvicultural production,or for irrigation in connection with a use allowed in an exclusive farm use zone, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 46813.053 or 46813.055, or in compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246 to 215.251. O. Fire service facilities providing rural fire protection services. P. Operations for the exploration for and production of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Poor 1 of 7-FXHTRTT R lF f1RT1TNANfF Nfl 7111 5-1177 Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(2)(a)or(b). Q. Outdoor mass gathering described in ORS 197.015(10)(d),and subject to DCC Chapter 8.16. R. Composting operations that are accepted farming practices in conjunction with and auxiliary to farm use on the subject tract as allowed under OAR 660-033-0130(29). S. Marijuana processing,Types 1 and 2 subject to the provisions of DCC 18.16.025(1)and 18.1 16.330. T. Marijuana production subject to the provisions of DCC 18.116.330. (Ord. 2015-022 §'2, 2015.; Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord.2009-014§1,2009;Ord.2008-001 §2,2008;Ord.2004-001 §2,2004;Ord.2001-039§1,2001;Ord. 2001-016 §2, 2001; Ord. 98-030 §1, 1998; Ord. 95-007 §10, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §4, 1991; Ord. 91-002 §3, 1991;Ord.86-007§1, 1986;Ord. 81-025 §1, 1981;Ord. 81-001 §1, 1981) PA OP 7 nf'_FXHERIT R OF nRTUNANC..F.Nfl ?Al S-fl Chapter 18.32. MULTIPLE USE AGRICULTURAL ZONE-MUA 18.32.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: A. Public use. B. Semipublic use. C. Commercial activities in conjunction with farm use.The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use,process,store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal-use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. M. A facility for primary processing of forest products,provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product,as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products,as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality(DEQ)of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility,subject to DCC 18.116.130 and 18.128.260. T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. V. Excavation,grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. Churches,subject to DCC 18.124 and 18.128.080. X. Private or public schools,including all buildings essential to the operation of such a school, Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124. Z. Cemetery,mausoleum or crematorium. Pacer 1 of 7-F3(F1t1l1T C(W flRT11NANCF.Nfl 701 5407 AA.Commercial horse stables. BB,Horse events,including associated structures,not allowed as a permitted use in this zone, CC.Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996, as a manufactured home park or recreational vehicle park,including any expansion of such uses on the same parcel,as configured on June 12, 1996. DD.A new manufactured home/recreational vehicle park,subject to Oregon Administrative Rules 660-004- 0040(7)(g)that: 1. Is on property adjacent to an existing manufactured home/recreational vehicle park; 2. Is adjacent to the City of Bend Urban Growth Boundary;and 3. Has no more than 10 dwelling units. EE. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.32.030(CC)to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12 1996. FF. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). GG.Guest lodge. HH.Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities,ponds,reservoirs,and the off-site use,storage,and sale of excavated material. II. Marijuana processing,Types 1 and 2 subject to the provisions of DCC 18.116.330. B. II. Marijuana production subject to the provisions of DCC 18.1 16.330. (Ord.2015-022 S3, 2015;Ord.2015-002 §1,2015;Ord. 2009-018 § 1,2009;Ord.2004-002§4,2004;Ord, 2001-039§2,2001;Ord.2001-016§2,2001;Ord. 97-063 §3, 1997;Ord.97-029§2, 1997;Ord.97-017§2, 1997;Ord,96-038 §1, 1996;Ord.94-053 §2, 1994;Ord,94-008§11, 1994;Ord.93-043 §§4A and B, 1993; Ord. 92-055 §2, 1992; Ord. 91-038 §1, 1991;. Ord. 91-020 §1, 1991; Ord. 90-014 §§27 and 35, 1990; Ord. 91-005§§19 and 20, 1991;Ord.91-002§7, 1991;Ord.86-018§7, 1986;Ord.83-033 §2, 1983;Ord.80-206 §3, 1980) Paar of -FXHTRTT C(1F f1RT1TNANCF.NCI '7f11 ri-fl Iii Chapter 18.36. FOREST USE ZONE-F-1 18.36.030. Conditional Uses Permitted. The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan,DCC 18.36.040 and other applicable sections of DCC Title 18. A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring its use. D. Exploration for and production of geo-thermal,gas,oil and other associated hydrocarbons,including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. E. Log scaling and weigh stations. F. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit under ORS 459.245,together with equipment,facilities or buildings necessary for its operation. G. Private parks and campgrounds. 1. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025. 2. Except on a lot or parcel contiguous to a lake or reservoir,campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660,Division 4. 3. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for vacation,recreational or emergency purposes,but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground. 4. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites. 5. Campsites may be occupied by a tent,travel trailer or recreational vehicle. 6. Separate sewer, water or electric service hookups shall not be provided to individual campsites except that electrical service may be provided to yurts allowed for by OAR 660-006-0025(4)(e)(C). 7. Campgrounds shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. 8. A private campground may provide yurts for overnight camping. a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a Yurt• b. The yurt shall be located on the ground or on a wood floor with no permanent foundation. c. As used in this rule, "yurt"means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing,sewage disposal hook-up or internal cooking appliance. H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not otherwise permitted under DCC 18.36.030(D). I. Television,microwave and radio communication facilities and transmission towers. J. Fire stations for rural fire protection. K. Commercial utility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception is taken pursuant to Oregon Administrative Rules 660,Division 4. L. Aids to navigation and aviation. M. Water intake facilities,related treatment facilities,pumping stations and distribution lines. N. Reservoirs and water impoundments. O. Cemeteries. Pnae 1 of 7-FXHIRIT 11(W(lP1'TNANf F.N(l 21115-102 P. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g. electrical, gas, oil, geothermal, telephone, fiber optic cable)with rights of way 50 feet or less in width. Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. R. Home Occupations,subject to DCC 18.116.280. S. Expansion of existing airports. T. Public road and highway projects as described as ORS 215.283(2)and 215.283(3). U. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of DCC Title 18 and the following requirements: 1. Accommodations arc limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales arc permitted; 3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission;and 4, Accommodations must be located within one-quarter mile of fish bearing Class I waters. V. Forest management research and experimentation facilities as described by ORS 526.215 or where accessory to forest operations. W. Excavation,grading and fill and removal within the bed and banks of a stream or river or in a wetland, subject to DCC 18.120,050 and 18.128.270. X, A manufactured dwelling in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative as defined in ORS 215.283. 1, As used in this section,"hardship"means a medical hardship or hardship for the care of an aged or infirm person or persons. 2, The use shall be subject to the review criteria in DCC 18.116,090, as well as DCC 18.36.040 and 18.36,060 of this chapter. 3. The manufactured home shall use the same subsurface sewage disposal system used by the existing dwellings if that disposal system is adequate to accommodate the additional dwelling. 4. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be required. 5. A temporary residence approved under this subsection is not eligible for replacement under OAR 660-006-025. Y. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, as pursuant to DCC 18.36.050. Z. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040,whichever is applicable. AA.Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18,36.050 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2, Only minor incidental and accessory retail sales are permitted;and 3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission. BB. An Extended Outdoor Mass gathering subject to review by a county planning commission pursuant to DCC Chapter 8.16. DD.Permanent facility for the primary processing of forest products. BE.Firearms training facility. FF. Marijuana production subject to the provisions of'DCC 18.1 16.330. (Ord.2015-022 4, 2015;Ord,2012-007§3,2012;Ord.2007-020§3,2007; Ord.2004-002§5,2004;Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord, 92-025 §2, 1992; Ord. 91-038 §1, 1991;Ord.90-014§28, 1990;Ord.86-018§8, 1986) Noe of 9_FYI411MT t)(1P()1211TNAMCP Nfl 901 5_A Chapter 18.40. FOREST USE ZONE-F-2 18.40.030. Conditional Uses Permitted. The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan,DCC 18.40.040 and other applicable sections of DCC Title 18: A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring it use. D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40. E. Exploration for and production of geothermal,gas,oil and other associated hydrocarbons,including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. F. Log scaling and weigh stations. G. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit under ORS 459.245,together with equipment,facilities or buildings necessary for its operation. H. Private parks and campgrounds. 1. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025. 2. Except on a lot or parcel contiguous to a lake or reservoir,campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660,Division 4. 3. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for vacation,recreational or emergency purposes,but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground. 4. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees p P g and vegetation or other natural features between campsites. 5. Campsites may be occupied by a tent,travel trailer or recreational vehicle. 6. Separate sewer, water or electric service hookups shall not be provided to individual campsites except that electrical service may be provided to yurts allowed for by OAR 660-006-0025(4)(e)(C). 7. Campgrounds shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. 8. A private campground may provide yurts for overnight camping. a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. b. The yurt shall be located on thc ground or on a wood floor with no permanent foundation. c. As used in this rule, "yurt"means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing,sewage disposal hook-up or internal cooking appliance. I. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not otherwise permitted under DCC 18.40.030(E). J. Television,microwave and radio communication facilities and transmission towers. K. Fire stations for rural fire protection. L. Commercial utility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception it taken pursuant to Oregon Administrative Rules 660,Division 4. M. Aids to navigation and aviation. N. Water intake facilities,related treatment facilities,pumping stations and distribution lines. PROP 1 nf'i-F.XHIRTT F.(1F(11217TNANCF.NCI 7(115-f177 O. Reservoirs and water impoundments. P. Cemeteries. Q. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines(e.g.gas,oil,geothermal,telephone,fiber optic cable)with rights of way 50 feet or less in width. R. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. S. Home Occupations,subject to DCC 18.116.280. T. Expansion of existing airports. U. Public road and highway projects as described as ORS 215.283(2)and 215.283(3). V. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of DCC Title 18 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; 3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission;and 4. Accommodations must be located within one-quarter mile of fish-bearing Class I waters. W. Forest management research and experimentation facilities as described by ORS 526.215 or where accessory to forest operations. X. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, pursuant to DCC 18.40.050. Y. Excavation,grading and fill and removal within the bed and banks of a stream or river or in a wetland, subject to DCC 18.120.050 and 18.128.270. Z. A manufactured home in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative as defined in ORS 215.283. 1. As used in this section,"hardship"means a medical hardship or hardship for thc care of an aged or infirm person or persons. 2. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.40.040 and 18.40.60. 3. The manufactured home shall use the same subsurface sewage disposal system used by the existing dwellings if that disposal system is adequate to accommodate the additional dwelling. 4. If the manufactured dwelling will use a public sanitary sewer system, such condition will not be required. 5. A temporary residence approved under this subsection is not eligible for replacement under OAR 660-006-025. AA.Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040,whichever is applicable. BB.Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted;and 3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission CC. An Extended Outdoor Mass Gathering subject to review by a county planning commission pursuant to DCC Chapter 8.16. DD.Permanent storage and repair of logging equipment. EE. Permanent facility for the primary processing of forest products. FF. Firearms training facility. CG.Marijuana production subject to the provisions of DCC 18.1 16.330. Pacer 7 of"3-FXHTT3TT F(1F(1RTITNANf P.NO 7M 5_(177 I (Ord. 2015-022 kc5,2015;Ord. 2012-007 §4,2012;Ord.2007-020 §4,2007; Ord.2004-002 §6,2004;Ord. 2000-033 §1, 2000; Ord. 94-038 §1, 1994; Ord. 92-068 §1, 1992; Ord. 92-025 §2, 1992; Ord. 91-038 §1, 1991;Ord.90-014§28, 1990;Ord.86-018§8, 1986) Pave of -FYIITRTT F f1F 111217TNANCF.Nil 7(11 54177 Chapter 18.52. SURFACE MINING ZONE-SM 18.52.050. Conditional Uses Permitted. A. The following uses are permitted subject to the conditions set forth in DCC 18.128: 1. Public uses consistent with or dependent upon outright uses allowed in the SM zone. 2. Operations and exploration of geothermal resources. 3. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. 4. Construction, expansion and operation of a Disposal Site as defined in DCC 18, for which the operator possesses a valid DEQ permit on the effective date of Ordinance No. 92-066 for a Land Disposal Site. 5. Wireless telecommunications facilities that are necessary to be sited in the SM Zone for the public service to be provided. 6. Water storage facilities, owned or operated by a public, private or cooperative water company for the distribution of water, where such placement will not interfere with or be detrimental to the mining of the resource. 7. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities,ponds,reservoirs,and the ofd site use,storage,and sale of excavated material. 8. Marijuana production subject to the provisions of DCC 18.116.330. B. The following uses are permitted subject to site plan review and the setbacks,standards and conditions set forth in DCC 18.52.090, 18.52.110 and 18.52.140,respectively,and are not subject to the conditions in DCC 18.128: 1. Expansion or replacement of a preexisting legal dwelling. 2. Crushing of mineral and aggregate materials on sites designated for crushing in the ESEE analysis in the surface mining element of the Comprehensive Plan. 3. Sale of minerals and mineral products extracted or produced on parcels other than the subject parcel or contiguous parcels in the same ownership. 4. Batching and blending of mineral and aggregate into asphaltic concrete or Portland Cement Concrete. (Ord. 2015-022 56, 2015; Ord. 2001-039 §4, 2001; Ord. 2001-020 §1, 2001; Ord. 97-063 §3, 1997; Ord. 95-046§2, 1995;Ord.92-066§3, 1992;Ord.91-038§1, 1991;Ord.90-014§4, 1990) NO, 1 of 1 -FXHTRTT F(lF(1RT1TNAN(-'.F.Nfl "f115-f1/7 • Chapter 18.60. RURAL RESIDENTIAL ZONE-RR-10 18.60.030. Conditional Uses Permitted. The following uses may be allowed subject to DCC 18.128: A. Public park,playground,recreation facility or community center owned and operated by a government agency or nonprofit community organization. B. Dude ranch. C. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. D. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A personal use landing strip as used in DCC 18.60.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests. No aircraft may be based on a personal-use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal-use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division, E. Planned development. F. Cluster development. G. Recreation-oriented facility requiring large acreage such as off-road vehicle track or race track,but not including a rodeo grounds. H. Landfill when a written tentative approval by Department of Environmental Quality(DEQ)of the site is submitted with the application. I. Cemetery. J. Time-share unit or the creation thereof. K. Hydroelectric facility,subject to DCC 18.116.130 and 18.128.260. L. Bed and breakfast inn. M. Golf course. N. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. O. Church. P. Public Uses. Q. Semipublic Uses. R, Commercial horse stables. S. Private or public school,including all buildings essential to the operation of such a school. T. Manufactured home park or recreational vehicle park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park , including expansion, conversion and combination of such uses on the same parcel,as configured on June 12, 1996. U. The full or partial conversion from a manufactured home park or recreational vehicle park described in DCC 18.60.030 (T) to a manufactured home park or recreational vehicle park on the same parcel, as configured on June 12, 1996. V. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). W. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including_thc excavation and mining for facilities,ponds,reservoirs,and the off-site use,storage,and sale of excavated material. X. Marijuana production subject to the provisions of DCC 18.116.330. (Ord. 2015-022 1;7,2015;Ord.2009-018 §2,2009; Ord.2004-002 §8,2004;Ord.2001-039 §5,2001;Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 97-017 §3, 1997; Ord. 96-038 §2, 1996; Ord. 96-021 §1, 1996; Ord, 94-008 §13, 1994; Ord. 93-043 §§8A and 8B, 1993; Ord. 92-004 §10, 1992; Ord. 91-038 §1, Paoe 1 of 7-FXHTRTT f:flF flRT11NANCP NO 7111 5-4177 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §32, 1991;Ord. 90-014 §22, 1990; Ord. 86-018 §13, 1986; Ord. 83-033 §5, 1983) Pa or 7 of 7-FXHTRTT a(IF C RT7TNANCF.NO 701 6-f177 "****"Denotes portions of this Section not amended by Ordinance 2015-022. Chapter 18.65 RURAL SERVICE CENTER-UNINCORPORATED COMMUNITY ZONE 18.65.020. RSC-Commercial/Mixed Use District(Brothers,Hampton,Millican,Whistlestop and Wildhunt). A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright,subject to applicable provisions of this chapter: 1. Single-family dwelling. 2. Manufactured home,subject to DCC 18.116,070. 3. Type 1 Home Occupation,subject to DCC 18.116.280. 4. Residential home and residential facility. 5. Two-family dwelling or duplex. 6. Agricultural uses,as defined in Title 18,and excluding livestock feed lot or sales yard,and hog or mink farms. 7. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 8. Class III road and street project. 9. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124,Site Plan Review,of this title: 1. Retail store, business office and/or commercial establishment in a building or buildings each not exceeding 4,000 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings may not exceed 4,000 square feet. 2. Residential use in conjunction with a permitted commercial use. 3. Park or playground. 4. Community building. 5. Public or semipublic building or use. 6. Highway maintenance facility. 7. Medical marijuana dispensary caubject to DCC 18.1 16.320,Medical Marijuana Dispensary. 8. Marijuana wholesaling,office only with no storage of marijuana items, subject to the provisions of DCC 18.116.330. C. Conditional Uses Permitted, The following uses and their accessory uses are permitted subject to applicable provisions of this chapter,DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review,and DCC 18.128,Conditional Use,of this title: 1. Multi-family dwelling with three or more units. 2. Church. 3. School. 4. Cemetery. 5. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. 6. Medical clinic or veterinary clinic. 7. Community Center. 8. Manufactured home park. 9. Recreational vehicle or trailer park. 10. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). 1 1_ Marijuana production subject to the provisions of DCC 18.1 16.330. 12. Marijuana retailing subject to the provisions of-DCC 18.116.330. PA OP 1 nf'3-FXHTRTT A(lF flRTNNANCF.Nfl ]fT1 5-11T? D. Yard and Setback Requirements. 1, The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. 4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm use shall be 50 feet. E. Lot Requirements. 1, Residential Uses: a. The minimum lot size for residential uses in Brothers,Hampton and Millican is 2.5 acres. b. Each lot shall have a minimum width of 200 feet. c. Each lot must be served by an on-site well, d. On-site sewage disposal. For new lots or parcels,an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. e. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five(25)percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal,landscaping,parking,yard setbacks and any other elements under site plan review. 2. Commercial and Public Uses. a. The minimum lot size in Brothers, Hampton, Millican, Whistlestop and Wildhunt for a commercial use served by an on-site septic system and individual well shall be the size necessary to accommodate the use. b. In Alfalfa, the minimum lot size shall be the size necessary to accommodate the use, but not less than one acre. c. Each lot shall have a minimum width of 150 feet. d. On-site sewage disposal. For new lots or parcels,an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. I (Ord.2015-022 §8,2015;Ord.2015-004§2,2015;Ord.2004-002§11,2004;Ord.2002-028§1,2002;Ord. 2002-002§2,2002) 18.65.022. Alfalfa RSC-Residential District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright,subject to the applicable provisions of this chapter: 1. Agricultural uses, as defined in Title 18, subject to the restrictions in DCC 18.65.021(D), and excluding livestock feed lot or sales yard,and hog or mink farms. 2. Single-family dwelling,or a manufactured home subject to DCC 18.116.070. 3. Two-family dwelling or duplex. 4. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 5, Class i and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 6, Class IiI road or street project. 7, Type 1 Home Occupation,subject to DCC 18.116.280. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter,DCC 18.116, Supplementary Provisions,and DCC 18.124 Site Plan Review,of this title: 1. Park or playground. Pane of 1-FXHif IT H CIF f1RT1TNANCF NC) ')015_1" • 2. Community building. 3. Utility facility. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter,DCC 18.116,Supplementary Provisions,DCC 18.124, Site Plan Review,and DCC 18.128,Conditional Use,of this title: I. Schools. 2. Medical clinic or veterinary clinic. 3. Daycare facility. 4, Church. 5. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. 6. Bed and breakfast inn. 7. Public use. 8. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). 9. Marijuana production subject to the provisions of DCC. 18.1 16.330. D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. E. Lot Requirements. I. The minimum lot size is 5 acres. 2. The minimum average width of lots shall be 200 feet. 3. Each lot must be served by an on-site well. 4. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. 5. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five(25)percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping,parking,yard setbacks and any other elements under site plan review. F. Limitations on uses—RSC-Residential District. The following limitation shall apply to uses permitted in the RSC—Residential District: 1. Cows,horses,goats or sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals(other than their young under the age of six months)shall be limited to the square footage of the lot divided by 20,000 square feet,which is the minimum area per animal. 2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 square feet of land. 3. All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent lot. I (Ord.2015-022§8,2015;Ord.2004-002§12,2004;Ord.2002-028§1,2002;Ord.2002-002§2,2002) PaaP 1 of -FXHTRTT 14(1F(lR DIN ANCF.NCI 1fl1 5-1l1, Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS 18.66.030. Residential-5 Acre Minimum(TeR5)District. The purpose of the Terrebonne Residential-5 Acre Minimum District is to retain large rural residential lots where community sewer and water are not available. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070, 2, Two-family dwelling. 3. Type I Home Occupation,subject to DCC 18.116.280. 4. Agricultural uses as defined in DCC 18.04,involving: a. Keeping of cows,horses,goats,sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens,fowl,rabbits or similar farm animals over the age of six months,provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 5. Class I and TI road or street project subject to approval as part of a land partition,subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi-family dwelling complex. 3. Retirement center or nursing home. 4. Church. 5. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. 6, Public or private school. 7. Child care center. 8. Park. 9. Public or semi-public building. 10. Utility facility. 11. Water supply or treatment facility. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds,reservoirs,and the off-site use,storage,and sale of excavated material. 14 Marijuana production subject to the provisions of 13CC 18.1 16.330. C. Lot Requirements. The minimum lot or parcel size in the TeR5 District is five acres regardless of the availability of approved community, non-community, municipal, or public water system and public sewer system. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way,30 feet for a property fronting on a collector right-of-way,and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet,subject to DCC 18.66.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet,subject to DCC 18.66.030(D)(4). Paue 1 of 6-FXHIRTT T(1F(1RTITNANr'.F.NCI N11 S-11 7 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 5. In addition to the setbacks set forth herein,any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 of shall be met. (Ord.2015-022 2015;Ord.2004-002§ 14,2004;Ord.97-063 §3, 1997;Ord.97-003 §2, 1997) 18.66.040. Commercial(TeC)District. The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997. 2.Manufactured home on a lot or parcel existing on June 4, 1997,subject to DCC 18.116.070. 3. Type 1 Home Occupation,subject to DCC 18.116.280. 4, Class I and II road or street project subject to approval as part of a land partition,subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review, The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.1248: 1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Offices. d. Veterinary clinic and kennel entirely within an enclosed building. e. Residential use in the same building as a use permitted by DCC I8.66.040(B)(1). f. Medical marijuana dispensary subject to DCC 18.1 16.320,Medical Marijuana Dispensary. Marijuana retailing subject 10 the provisions of DC(-: 18.1 1 6.330. g. Marijuana wholesaling, office only with no storage of marijuana items, subject to the provisions of DCC. 18.116.330. 2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor area in a building or buildings,subject to provisions of DCC 18.66.040(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel,with a maximum of 35 units,only if served by a community sewer system as defined in OAR 660- 22-010(2). 2. Recreational vehicle park. 3. Church. 4. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. 5. Public or private school. 6. Child care center. 7. Park. 8. Public or semi-public building. 9. Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 10. Utility facility. 11. Water supply or treatment facility. Paue 7 of h-F.X1-1TRTT T(W(1T2TMNANr.F.N(1 '701 5-(19) 12, Vehicle and trailer sales, service,repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. 13. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment,industrial vehicles or industrial products: a. Manufacturing and production. b. Wholesale sales. c. Mini-storage. 14. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). 15. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds,reservoirs,and the off-site use,storage,and sale of excavated material. 16. Marijuana processing,Tvpes I and 2 subject to the provisions of DCC 18.116_330. 17. Marijuana wholesaling including storaaeo1._marijuana items subject to the provisions of DCC 18.116.330. D. Use Limitations.The following use limitations shall apply to the uses listed in DCC 18.66.040(B)and(C). 1. Sewer and Water Requirements. Applicant must obtain approval for an on-site sewage disposal system,or if applicable,obtain a Department of Environmental Quality(DEQ)Waste Water Pollution Control Facility (WPCF)permit before approval or as condition of approval of the land use permit. 2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area;and c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet or less. 2. For purposes of DCC 18.66.040,the surrounding rural area includes the area described by the Terrebonne zip code,which extends south to the boundary of the Redmond zip code,west to the boundary of the Sisters zip code,east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows, The following criteria for ground floor windows apply to all new commercial buildings in the TeC District except those containing uses listed in DCC 18.66.040(C)(13). The provisions of DCC 18.124 also apply. 1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut. sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas,lobbies,pedestrian entrances or display windows. G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements for on-site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be created of less than a minimum of 10,000 square feet. 1i, Dimensional Standards. Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied, 1. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). Poor of h_FXT,TTRTT I OF ORT1TNANCF.N(1 x(115-(171 The street setback for buildings may be reduced,but not increased,to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement,subject to DCC I8.66.040(I)(4). 3. Rear Yard. No specific requirements,subject to DCC I8.66.040(I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on a lot adjacent to a residential district shall be set back a minimum of 15 feet from the common property line. The required yard shall be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. I (Ord. 2015-022 §§'9, 2015; Ord. 2015-004 §3, 2015; Ord. 2004-002 §15, 2004; Ord. 97-063 §3, 1997;. Ord. 97-003 §2, 1997) 18.66.050. Commercial-Rural(TeCR)District. The Terrehonne Commercial-Rural District allows a mix of commercial and industrial uses common to a farming community. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997,subject to DCC 18.116.070. 3. Type 1 Home Occupation,subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition,subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124: 1, A building or buildings not exceeding 4,000 square feet of floor space to be occupied by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Office. d. Residential use in the same building as a use listed in DCC 18.66.050. e. Medical marijuana dispensary subject tfrDCC 1•8.14€i.32Q,Medical Marijuana Dispensary. Marijuana retailing subject to the provisions of DCC 18.1 16.330. f Marijuana wholesaling, office only with no storage of marijuana items, subject to the provisions of DCC 18.116.330. 2. Any of the uses listed under DCC 18.66.050(B)proposing to occupy more than 4,000 square feet of floor area in a building or buildings,subject to provisions of DCC 18.66.050(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Church. 2. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. 3. Park. 4. Public or semi-public building. 5. Utility facility. 6. Water supply or treatment facility. Pave 4 of h-PXNTRTT T(1F(lRT1TNAN('P..Nfl 7111 5-077 7. Vehicle and trailer sales,service,repair and rental in a building or buildings not exceeding 4,000 square feet of floor arca. 8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be occupied by any combination of the following uses: a. Manufacturing or production. b. Wholesale sales. c. Mini-storage. d. Truck terminal. c. Farm or contractor equipment storage,sales,service or repair. f. Uses that require proximity to rural resources,as defined in OAR 660-04-022-(3)(a). 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds,reservoirs,and the off-site use,storage,and sale of excavated material. 11. Marijuana processing,Types 1 and 2 subject to the provisions of 1)CC 18.1 16.330. 12. Marijuana wholesaling including storage of marijuana items subject to the provisions of DCC 18.116.330. D. Use Limitations.The following use limitations shall apply to the uses listed in DCC 18.66.050(B)and(C). 1. Sewer and Water Requirements. a. Applicant must obtain approval for an on-site sewage disposal system, or if applicable, obtain a Department of Environmental Quality(DEQ)Waste Water Pollution Control Facility(WPCF)permit before approval or as condition of approval of the land use permit. b. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. 2. Compatibility. a. Any use on a lot adjacent to a residential district shall not emit odor,dust,fumes, glare,flashing lights, noise,or similar disturbances perceptible without instruments more than 200 feet in the direction of the affected residential lot. b. Any use expected to generate more than 50 truck-trailer,contractors and/or farm heavy equipment trips per day to and from the subject property shall not locate on a lot or parcel adjacent to or across a local or collector road from a lot or parcel in a residential district. c. No use shall be permitted that has been declared a nuisance by state statute,County ordinance or a court of competent jurisdiction. d. No use requiring an air containment discharge permit shall be approved by the Planning Director or Hearings Body before review by the applicable state or federal permit-reviewing authority. Such uses shall not be located adjacent to or across a local or collector road from a lot or parcel in a residential district. 3. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities arc adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.66 shall be accommodated entirely on the premises. c. Site design shall not require backing of traffic onto a public or private road right-of-way. 4. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or Hearings Body may require: a. An increased setback requirement. b. Additional off-street parking and loading facilities. c. Limitations on signs,lighting,hours of operation and points of ingress and egress. d. Additional landscaped buffering and screening improvements. Poe 5 of f -FXNTRTT T(1F/IPT)TNANr.F.NI) 9A1 5-7199 E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.050(B) may be allowed to occupy a total floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area;and c. It is not practical to contain the proposed use within 4,000 square feet of floor area. 2. This provision does not apply to uses listed in DCC 18.66.050(C)(8). 3. For purposes of DCC 18,66.050(E),the surrounding rural area described by the Terrebonne zip code,which extends south to the boundary of the Redmond zip code,west to the boundary of the Sisters zip code,cast into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeCR District except those containing uses listed in DCC 18.66.050(C)(8). The provisions of DCC 18.124 also apply. 1. The window area shall be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade.The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal,required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.66.050(C)(8)that is located adjacent to or across a local or collector road from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings,outside storage or off- street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3)(b). The street setback for buildings may be reduced,but not increased,to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement,subject to DCC 18.66.050(I)(4). 3. Rear Yard. No specific requirement,subject to DCC 18.66.050(1)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU- zoned land that is receiving special assessment for farm use, shall be set back a minimum of 100 feet from the common property line. I (Ord. 2015-022 §9,2015; Ord. 2015-004 §4,2015;Ord. 2004-002§16,2004;Ord.2001-039 §7,2001; Ord. 2001- 016§2,2001;Ord.97-003 §2, 1997) Paue 6 of F-FXHTRTT T(1F(1R11TNAN(:F.N(l 7111 5-097 "****"Denotes portions of this Section not amended by Ordinance 2015-022. Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS 18.67.030. Residential-5 Acre Minimum(TuR5)District. The purpose of the Tumalo Residential-5 Acre Minimum District is to retain large rural residential lots. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1, Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Type 1 Home Occupation,subject to DCC 18.116.280. 3. Agricultural uses as defined in DCC 18.04,involving: a. Keeping of cows,horses, goats,sheep or similar farm animals,provided that the total numbers of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens,fowl,rabbits or similar farm animals over the age of six months,provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 4. Class I and TI road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 5. Class Ill road or street project. 6. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124,and 18.128: 1. Church. 2. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. 3. Public or private school. 4. Child care center. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities,ponds,reservoirs,and the ofd site use,storage,and sale of excavated material. 11. Marijuana production subject to the provisions of DCC 18.116.330. C. Lot Requirements. The minimum lot or parcel size in the TuR5 District is five acres. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way,30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2, Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet,subject to DCC 18.67.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet,subject to DCC 18.67.030(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building pennit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. I (Ord.2015-022 §10,2015;Ord.2004-002§18,2004;Ord.2001-039§8,2001;Ord.2001-016§2,2001; Ord.2000-033 §11,2000;Ord.97-063 §3, 1997;Ord.97-033 §2, 1997) PaaP 1 of F-FXHTRTT T CIF(1T2TlINANCF,Nfl 7(115-(177 18.67.040. Commercial(TuC)District. The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1, Single-family dwelling or duplex. 2, Manufactured home subject to DCC 18.116.070. 3. Type 1 Home Occupation,subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5. Class III road or street project. 6. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted,Subject to Site Plan Review. The following uses and their accessory uses arc permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124: 1. A building or buildings,none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices. d. Residential use in the same building as a use permitted in DCC 18.67.040. e. Medical rnarijunnn dispensary subject to DCC 18.1 16.320,Medical Marijuana Dispensary. Marijuana retailing subject to the provisions of DCC 18.1 16..330. f. Marijuana wholesaling,office only with no storage of marijuana items,subject to the provisions of DCC 18.116.330. 2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124,and 18.1.28: 1. Church. 2. Bed and breakfast inn. 3. Child care center. 4. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on Junc 12, 1996. 10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment,sales,service or repair. b. Trailer sales,service or repair. c. Vehicle service or repair. d. Veterinary clinic. I. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: Paver of F-P..YI-1IRIT I OF f)RTNNANC'.F.NCI )M 5-(19/ a. Manufacturing or production. b. Wholesale sales. c. Marijuana processing,Types 1 and 2 subject to the provisions of DCC 18.116.330. d. Marijuana wholesaling including storage of marijuana items subject to the provisions of DCC 18.1 16.330. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an irrigation District, including the excavation and mining for facilities,ponds,reservoirs,and the off-site use,storage,and sale of excavated material, D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11). 1. Compatibility, a. Any use expected to generate more than 50 truck-trailer and/or heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use,considering the functional classification,capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely on the premises. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.67.040(B)may have a total floor area exceeding 4,000 square feet but not greater than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from thc community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in DCC 18.67.040(C)(10). 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S.Forest Service in TI 6S-R11E;extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-R1IE sections 1,2,3; and extending east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10)and any residential use. The provisions of DCC 18.124 also apply. 1. The windows must be at least 50 percent of thc length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be detennined by spatial requirements for sewage disposal,required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. PAUP i of F-FXH11 TT i CiF n12DINANCF.NCl ?Mc-1M 2. No use listed in DCC 18.67.040(C)(10)that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings,outside storage,or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall he a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced,but not increased,to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement,subject to DCC I8.67.040(1)(4). 3. Rear Yard. No specific requirement,subject to DCC 18.67.040(I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district,the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. I (Ord.2015-022 ,10,2015;Ord.2015-004§5,2015;Ord.2004-013 §7,2004;Ord.2004-002§19,2004; Ord.2001-039 §8,2001;Ord.2001-016§2,2001;Ord.2000-033 §11,2000;Ord.97-063 §3, 1997;Ord. 97-033 §2, 1997) **** 18.67.060. Industrial(TuI)District. The purpose of the Industrial District is to allow a limited range of industrial uses to serve the community and the surrounding area. A. Uses permitted outright. The following uses and their accessory uses are permitted outright: 1. Industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28, 1994); 2. Office buildings associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28,1994); 3. Restaurants and cafeteria facilities associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28, 1994); 4. Residence for caretaker or night watchman on property with industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28, 1994); 5. Equipment storage associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28, 1994); 6. Class 1 and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 7. Class III road or street project. 8. Operation,maintenance,and piping of existing irrigation systems operated by-an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted,Subject to Site Plan Review. The following uses and their accessory uses arc permitted in a building or buildings not to exceed 40,000 square feet of floor area, subject to the applicable provisions of DCC 18.67, 18.116,and 18.124. 1. Expansion or replacement of uses allowed under DCC 18.67.060(A); 2. Office buildings associated with industrial uses; 3. Restaurant and cafeteria facilities associated with industrial uses; 4. Residence for caretaker or night watchman on property with industrial uses; PA 171.4 of F-FXHIRIT I OF OR11INANCF.NO 7(115-(17'] 5 Equipment storage associated with industrial uses; 6. Primary processing,packaging,treatment,bulk storage and distribution of the following products: a. Agricultural products,including foodstuffs,animal and fish products,and animal feeds. b. Ornamental horticultural products and nurseries. c. Softwood and hardwood products excluding pulp and paper manufacturing. d. Sand,gravel,clay and other mineral products. 7. Freight depot, including the loading,unloading, storage and distribution of goods and materials by railcar or truck; 8. Contractor's or building materials business and other construction-related business including plumbing,electrical,roof,siding,etc.; 9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by site-obscuring fencing. 10. Mini-storage facility. 11. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities; 12, Any industrial use proposing to occupy more than 40,000 square feet of floor area in a building or buildings is subject to the provisions of DCC 18.67.060(C)and(D). 13. Medical marijuana dispensary subject to DCC 18.1 16.320,Medical Marijuana Dispensary. Marijuna processing,Type 1 subject to the provisions of DCC 18.11.6.330. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124,and 18.128: 1. Any use permitted by DCC 18.67.060(B)which will exceed 40,000 square feet of floor area; 2. Concrete or ready mix plant; 3. Stockpiling, storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete; 4. Buildings, structures, apparatus, equipment and appurtenances necessary for the above uses to be carried on. 5. Marijuana processing,Type 2 subject to the provisions of DCC 18.1 16.330. 6. Marijuana retailing subject to the provisions of DCC 18.116.330. D. Use limitations. The following limitations and standards shall apply to all permitted uses: 1. A new industrial use may occupy more than 40,000 square feet of floor area in a building or buildings provided an analysis set forth in the comprehensive plan demonstrates and land use regulations ensure: a. The use will primarily employ a work force from the community and surrounding rural area and will not rely upon a work force served by uses within urban growth boundaries. The determination of the work force of the community shall consider the total industrial employment in the community and surrounding rural area and be coordinated with employment projections for nearby urban growth boundaries;and b. it is not practical to contain the proposed use within 40,000 square feet of the floor area. 2. For the purposes of DCC 18.67.060, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S.Forest Service in T16S-R11E;extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-R11E sections 1,2,3; and extending east to Highway 97. E. Dimensional standards. In the Industrial Zone,the following dimensional standards shall apply: 1. The minimum lot size shall be determined subject to the provisions of DCC 18.67.060 relative to setback requirements, off-street parking and loading, and as deemed necessary by the Planning Director or Hearings Body,to maintain air,water and land resource quality and to protect adjoining and area land uses. Paae 5 of(-FYHTRIT I(1F ORTNNANCF.NCI 1(115-CM 2. The minimum building setback between a structure and a street,road or railroad right-of-way line shall be 25 feet unless a greater setback is required for compliance with Comprehensive Plan policies. 3. The minimum setback between a structure and a property line adjoining a residential lot or use in a platted subdivision or residential zone shall be 50 feet. 4. The minimum setback between a structure and an existing use shall be three feet from the property line and six feet from a structure on the adjoining property. 5. The maximum building height shall be 45 feet on any lot adjacent to a residential use or lot in a platted subdivision or residential zone. 6. The minimum lot frontage shall be 50 feet, 7. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. F. Industrial Site design. The site design of any permitted use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways and neighboring residential uses and to minimize intrusion into the character of existing developments in the immediate vicinity of the proposed use. G. Design and use criteria. In the consideration of an application for a new industrial use, the Planning Director or Hearings Body shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. In approving a proposed use, the Planning Director or Hearings Body shall find that: 1. The new use is in compliance with the Comprehensive Plan. 2. The new use is in compliance with the intent and provisions of DCC Title 18. 3. That any adverse social,economical,physical or environmental impacts are minimized. H. Additional requirements. As a condition of approval, the Planning Director or Hearings Body may require: 1. An increase in required setbacks. 2. Additional off-street parking and loading facilities. 3. Limitations on signs or lighting,hours of operation,and points of ingress and egress. 4. Additional landscaping,screening and other improvements. 5. Any other conditions considered necessary to achieve compliance with the intent and purposes of DCC Title 18 and policies of the Comprehensive Plan. T. For purposes of this chapter, a new industrial use does not include industrial uses in existence on the date of Ord.2005-16. Unless expanded or altered,industrial uses in existence on the date of adoption of the TUI District are not subject to the requirements of 18.67.060(B)or 18,67.060(C). (Ord.2015-022 ,10,2015i3Ord.2015-004§6,2015;Ord.2005-016§2,2005 Paaa 6 of 6-FXHTRTT T(lF(WI NNANCF.NCI 7111 5_(177 Chapter 18.74. RURAL COMMERCIAL ZONE 18.74.020. Uses Permitted--Deschutes Junction and Deschutes River Woods Store. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses arc permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses. a. Restaurant,café or delicatessen. b. Grocery store. c. Tavern. d. Retail sporting goods and guide services. c. Barber and beauty shop. f. General store. g. Video store. h. Antique, art,craft,novelty and second hand sales if conducted completely within an enclosed building. i. Medical marijuana dispensary subject to DCC 18.114_340,Medical Marijuana Dispensary. 2, Expansion of a nonconforming use listed under section B(1)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date,whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Retail sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel. d. Veterinary clinic. e. Automobile service station and repair garage,towing service,fuel storage and sales. f. Public or semi-public use. g. Residential use in the same building as a use permitted by this chapter. h. Park or playground. 4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the building as of said date,whichever is greater. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. b. Utility facility. c. Wireless telecommunications facilities,except those facilities meeting the requirements of DCC 18.116.250(A)or(B). d. Child care center. c. Church. f. School. 2. Recreational vehicle park 3. Mini-storage facilities limited to 35,000 square feet in size. 4. Marijuana production subject to the provisions of DCC I8.1 16.330_ 5. Marijuana retailing subject to the provisions of DCC. 18.1 16.330. (Ord. 2015-022 11, 2015; Ord. 2015-004 §7, 2015; Ord. 2008-008 §1, 2008; Ord. 2004-002 §20, 2004; Ord.2002-019§2,2002) Pam,. 1 of 4—FXHTRTT K(1F ORTMNANCF NO ')(11 c fl79 18.74.025. Uses Permitted—Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and18.124: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Fishing supplies and equipment. b. Snowinobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. g. Fast food restaurant,cafe,or coffee shop. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. 1. Beauty shop. m. Video store. o. Post office. p. Party supply. q. Equipment sales and rental. r. Appliance store. s. Bank. t. Exterminator. u. Private mailing and packaging store. v. Bakery. w. Medical marijuana dispensary subject to DCC. 18.116.320,Medical Marijuana Dispensary. 2. Expansion of a nonconforming use listed in section A(1)(a-v),existing as of 11/05/02,the date this chapter was adopted,shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date,whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a .Pet and livestock supply. b. Farm machinery sales and repair. 4. Expansion of a nonconforming use listed in section A(3)(a-b),existing as of 11/05/02,the date this chapter was adopted,shall be limited to 3,500 square feet of floor space or 25 percent of the size of the building as of said date,whichever is greater. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. b. Welding shop. c. Mini-storage units d. Marijuana retailing subject to the provisions of DC:C 18.1 16.330. 2. Expansion of a nonconforming use listed in section B(l)(a-c),existing as of 11/05/02,the date this chapter was adopted,shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date,whichever is greater. C. Definitions.For the purposes of DCC 18.74.120,the following definitions shall apply: Pacer 7 of4--FXHTRIT K OF f1R1DTNANCF NO 701 5_(177 1. Landscaping business/service: Includes designing landscapes,site grading and preparation,placing boulders,planting trees and shrubbery, installing sod, installing irrigation systems and equipment, installing fencing,and landscape maintenance,but does not include on-site cultivation of plants or plant materials or any on-site retail sales. 2. Health care service: A business providing the diagnosis, treatment and care of physical and/or mental disease, injury and/or disability, but not including a hospital facility or a nursing home as defined in DCC 18.04. 3. Beauty Shop: A full service beauty salon which would include haircuts,permanents,washes,nails, etc.,and the retail sales of incidental beauty supplies typical of any beauty salon. 4. Mini-storage units: Self service mini-storage units of various sizes from 5'x 10' up to 12'x 24'. 5. Video store: The sale and rental of videotapes,compact disc movies and audio books. 6. Laundry and dry cleaners: Dry cleaners, shirt laundry and laundromat with self-service washers and dryers along with the sale of detergents,bleaches,etc. 7. Post office: United States Postal Service office including mail pick-up and distribution. 8. Party supply: The sale and rental of party supplies such as balloons, streamers, costumes, dishes, linens and silverware. 9. Equipment sales and rental: The rental of construction, home repair and maintenance equipment such as ladders,mowers,saws,gardening supplies,etc.,and the sales of related equipment. 10. Appliance store: The sale and service of household appliances such as televisions, ranges, refrigerators,etc. 11. Bank: Full service consumer bank for checking,savings,loans,safety deposit boxes,etc. 12. Exterminator: Exterminator of insects and other pests such as rodents,spiders,etc. 13. Private mailing and packaging store: Private mail boxes and packaging services, which would include the holding and distribution of mail,packing,mailing supplies,FEDEX and UPS pick-up, and FAX and copy machine availability. 14. Bakery: The manufacture and sale of bread,donuts and pastries. 15. Pet and livestock supplies: The sale of pet supplies such as dog and cat food, collars, grooming needs,shelters and some large animal supplies such as hay,feeds and grains. I (Ord.2015-022 t11,2015;Ord.2015-004§7,2015;Ord.2008-008§1,2008;Ord.2006-008§7,2006;Ord. 2002-019§2,2002;Ord.97-015§1, 1997;Ord.96-046§1, 1996;Ord.96-023§1, 1996) Section 18.74.027. Uses Permitted--Pine Forest and Rosland. A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A). B. Uses Permitted subject to Site Plan Review.The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any combination of the following uses that serve the surrounding rural area or the travel needs of persons passing through the area: a. Eating and drinking establishments. b. Retail store,office and service establishments. c. Medicakrmar a-0i-spew: y to-D.C.0 1?416.320, Medical Marijuana Dispensary. Marijuana wholesaling, office only with no storage of marijuana products, subject to the provisions of DCC 18.1 16.330. 2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500 square feet or 25 percent of the size of the building(or portion of the building)housing the nonconforming use as of said date,whichever is greater. 3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a. Sales of agricultural or farm products. b. Farm machinery sales and repair. Paaa'i of4—FXH1RIT IC (lF(1R DIN ANCF N(1 1(11 S-fl c. Kennel or veterinary clinic. d. Automobile service station,repair garage,towing service,fuel storage and fuel sales. e. Public or semi-public use. f. Residential use in the same building as a use permitted in this chapter. g. Park or playground. 4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500 square feet each or 25 percent of the size of the building(or portion of the building)housing the nonconforming use as of said date,whichever is greater. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the following uses: a. Home occupation as defined in DCC 18.04. b. Utility facility. c. Wireless telecommunications facilities,except those facilities meeting the requirements of DCC 18.116.250(A)or(B). d. Child care center. e. Church. f. School. g. Marijuana retailing subject to the provisions of I)CC.'. 18.116_330. 2. Recreational vehicle park. 3. Mini-storage facilities limited to 35,000 square feet in size. (Ord.201.5-022 k111,2015; Ord.2015-004§7,2015,Ord.2008-008§1,2008;Ord.2007-007§1,2007;Ord. 2003-080,§1,2003) PR PP 4 of 4—FXHTRIT K(lF f1R DEN ANC'F.N(1 701 6-Or Chapter 18.100. RURAL INDUSTRIAL ZONE-R-I 18.100.010. Uses Permitted Outright. In an R-I Zone,the following uses and their accessory uses are permitted outright except as limited by DCC 18.100.040,and unless located within 600 feet from a residential dwelling,a lot within a platted subdivision or a residential zone. A. Farming or forest use. B. Primary processing,packaging,treatment,bulk storage and distribution of the following products: 1. Agricultural products,including foodstuffs,animal and fish products,and animal feeds. 2. Ornamental horticultural products and nurseries. 3. Softwood and hardwood products excluding pulp and paper manufacturing. 4. Sand,gravel,clay and other mineral products. C. Residence for caretaker or night watchman on property. D. Freight Depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck. E. Contractor's or building materials business and other construction-related business including plumbing, electrical,roof,siding,etc.,provided such use is wholly enclosed within a building or no outside storage is penmitted unless enclosed by sight-obscuring fencing. F. Ice or cold storage plant. G. Wholesale distribution outlet including warehousing,but excluding open outside storage. H, Welding,sheet metal or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by sight-obscuring fencing. I. Kennel or a Veterinary clinic. J. Lumber manufacturing and wood processing except pulp and paper manufacturing. K, Class I and II road or street project subject to approval as part of a land partition,subdivision or subject to the standards and criteria established by DCC 18.116.230. L. Class III road or street project. M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. N. Medical marijuana dispeneery subject 143.14CC' 18.116.310,Medical Marijuana Dispensary- Maijuan processing,Type 1 subject to the provisions ofDCC 18.116,330. (Ord. 2013-022 1/4'412, 2015; Ord. 2015-004 §8, 2015; Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001; Ord.2001-016§2,2001;Ord.93-043 §16, 1993;Ord.91-038§1, 1991) 18.100.020. Conditional Uses. The following uses may be allowed subject to DCC 18.128: A. Any use permitted by DCC 18.100.010,which is located within 600 feet of a residential dwelling,a lot within a platted subdivision or a residential zone. B. Any use permitted by DCC 18.100,010,which involves open storage. C. Concrete or ready-mix plant. D. Petroleum products storage and distribution. E. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete. F. Commercial feedlot,stockyard,sales yard,slaughterhouse and rendering plant. G. Railroad trackage and related facilities. H. Pulp and paper manufacturing. T. Any use permitted by DCC 18.100.020010,which is expected to exceed the following standards: 1. Lot coverage in excess of 70 percent. 2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible without instruments 500 feet from the property line of the subject use. PAPP 1 of 7-FXHTRTT T (1F(1121DTNANCF.NC) Wrl S..n71 J. Manufacture,repair or storage of articles manufactured from bone,cellophane,cloth,cork,feathers,felt, fiber, glass, stonc, paper, plastic, precious or semiprecious stones or metal, wax,wire,wood, rubber, yarn or similar materials,provided such uses do not create a disturbance because of odor, noise, dust, smoke,gas,traffic or other factors. K. Processing, packaging and storage of food and beverages including those requiring distillation and fermentation. L. Public Landfill Transfer Station,including recycling and other related activities. M. Mini-storage facility. N. Automotive wrecking yard totally enclosed by a sight-obscuring fence. O. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(13). P. Utility facility. Q. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities. R. Electrical substations. S. Marijuana retailing sul2ject to the provisions of D(:C 18.1 16.330. T. Marijuana processing,Type 2 subject to the provisions of DCC 18.1 16.330 U. Marijuana production subject to the provisions of DCC 18.116.330_ (Ord.2015-0022 §12,2015;Ord.2004-013,§10,2004;Ord.2002-126,§1,2002;Ord.2001-039§12,2001; Ord.2001-016 §2,2001; Ord. 97-063 §3, 1997; Ord. 91-038 §1, 1991;Ord. 91-020 §1, 1991; Ord. 90-014 §38, 1990;Ord. 86-018§15, 1986) PA OP 7 of 7_F.XTTTRTT T OF(1RT)1MANCF.NO 7(11 54177 Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE-SUNRIVER 18.108.050. Commercial-C District. A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are permitted outright in the C district. 1. Recreational path. 2. Ambulance service. 3. Library. 4. Church. 5. Bus stop. 6. Community center. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Retail/rental store,office and service establishment. b. Art galleries c. Dry cleaner and/or self-service laundry establishment. d. Radio and television sales and service. e. Radio and television broadcasting studios and facilities,except towers. f. Restaurant,bar and cocktail lounge,including entertainment. g. Automobile service station. h. Technical and business school. i. Catering establishment. j. Crafts in conjunction with retail sales (occurring on premises, such as stained glass/pottery, etc.). k. Medical and dental clinic,office and laboratory. I, Theater not exceeding 4,000 square feet of floor area. m. Medical marijuana dispensary subject.to DCC 18.1 16.320,Medical Marijuana Dispensary. n. Marijuana wholesaling,office only with no storage of marijuana items,subject to the provisions of DCC 18.116.330. 8. Multiple-family residential dwelling units,subject to the provisions of DCC 18.108.050(C)(1). 9. Residential dwelling units constructed in the same building as a commercial usc, subject to the provisions of DCC 18.108.050(C)(2). 10. Post Office. 11. Administrative and office facility associated with a community association or community use. 12. Police facility. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit. 1. Public buildings and public utility buildings and structures. 2. Club,lodge or fraternal organization. 3. Commercial off-street parking lot. 4. Bus passenger station. 5. Interval ownership and/or time-share unit or the creation thereof. 6. Miniature golf. 7. Bed and breakfast inn. 8. Inn. 9. Residential facility. 10. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of a. Bowling alley. b. Car wash. Pao. 1 of 1 f)-FXHTRIT M CIF f)R1lTNANCF NCI Mu c-ny' c. Dancing or music school,nursery school,kindergarten and day-care facility. d. Theater exceeding 4,000 square feet in floor area. e. Veterinary clinic or kennel operated entirely within an enclosed building. f. Automotive repair and maintenance garage, or tire store, provided the business is wholly conducted within an enclosed building. ,g. Marijuana retailing subject to the provisions of DCC 18.1 16330. C. Use Limits. 1. Multiple-family residential dwelling units, allowed on the nine acres vacant as of December 31, 1997 in the C District, shall be subject to the provisions of DCC 18.108.040(C) and(D), and the following requirements: a. No dwelling unit shall have more than three bedrooms. b. Individual dwelling units shall not exceed 2,250 square feet of habitable floor area. c. One off-street parking space shall be provided for each bedroom within each dwelling unit, with a maximum of two spaces allowed per dwelling unit. 2. Residential dwelling units constructed in the same building as a commercial use developed in the C district shall be subject to the following requirements: a. Residential dwelling units shall be developed above first floor commercial use. b. No dwelling unit shall have more than two bedrooms. c. Individual dwelling units shall not exceed 850 square feet of floor area. d. One off-street parking space shall be provided for each bedroom within each dwelling unit. 3. Uses permitted either outright or conditionally in the C District shall not involve the transport of chemicals which would present a significant hazard. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.050(A)(7)or DCC 18.108.050(B)(10)may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the community and surrounding rural area,or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.050(D), the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area;and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. E. Height Regulations. No building or structure shall be hereafter erected,enlarged or structurally altered to exceed 30 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yards shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District,and then the side yard shall be a minimum of 10 feet. The required side yards shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District,and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. I (Ord.2015-0022 X13.2015,Ord.2015-004§9,2015;Ord.2003-026 §1,2003;Ord.98-016§1, 1998;Ord. 97-078§2, 1997) 18.108.055.Town Center—TC District Pane 7 of 111-FXT4TTRIT M elF f1R DIN ANCF N[l 7(1154177 A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the TC District. 1. Park or plaza. 2. Library. 3. Community center. 4. Visitors center. 5. A building, or buildings each not exceeding 8,000 square feet of floor space,unless approved as a Large Scale Use pursuant to DCC 18.108.055(C),including any of the following uses: a. Retail/rental store,office,civic and service establishment. b. Grocery store. c. Art gallery. d. Restaurant,bakery,delicatessen,pub,cocktail lounge,including entertainment. e. Health care service including medical and dental clinic, office, pharmacy, and laboratory but excluding nursing homes. f. Health&fitness facility. g. Barber,beauty shop or spa. h. Child care center,preschool and daycare facility. I, Bank. j. Post office. k. Veterinary clinic(without animal boarding facilities). 1. Crafts in conjunction with retail sales (occurring on premises such as sculpture, stained glass, pottery,etc.). m. Meeting room,convention and banquet facility. n. Property sales,mortgage,management or rental office. o. Movie theater. 6. Multi-family Residential,subject to paragraphs(E)(1)and(2). 7. Developed recreational facilities, outdoors or in a building or buildings each not exceeding 8,000 square feet of floor space,unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including,but not limited to the following facilities: a. Indoor and outdoor swimming pools. b. Iee skating rink. c. Indoor and outdoor tennis courts. d. Indoor and outdoor basketball court or other ball field. e. Physical fitness facilities. f. Park,playground and picnic and barbeque area. g. Walkways,bike paths,jogging paths. h. Bowling alley. i. Arcade. 8. Hotel with up to 100 hotel units in a single building. 9. Mixed Use Structure,subject to the rules of DCC 18.108.055(1)(3)and a limit of 8,000 square feet of floor space for commercial uses listed in DCC 18.108.055(A)(5) or recreational uses listed in DCC 18.108.055(A)(7), unless said uses are approved as large scale uses pursuant to DCC 18.108.055(C). 10. Residential Facility. 11.Senior housing/assisted living or active adult development,excluding nursing homes. 12. Townhomes,subject to paragraphs(E)(1)and(2). 13. Accessory uses to uses permitted outright, including, but not limited to, parking facilities, private roads,storage facilities,trash receptacles and recycling areas. 14. Similar uses to those allowed outright, provided they are approved by the County in the decision approving the Conceptual Site Plan described in DCC 18.108.055(K). PROP'�of 1(1-FXHTRTT M OF OR DIN ANCF.N(l 7(115-(177 B. Conditional Uses Permitted. The following conditional uses may be permitted pursuant to the provisions of DCC 18.128,Conditional Use Permits. 1. Public buildings and public utility buildings and structures. 2. Bed and breakfast inn. 3. Ambulance service. 4. Fire station. 5. Police station. 6. Bus passenger station. 7. Live/work residence. 8. Stand-alone parking structure. 9. Accessory uses to the above-listed conditional uses. 10. Marijuana retailing subject to the provisions ofDCC 18.116.330. C. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.055(A)(5)or(A)(7) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the Sunriver community and surrounding rural area. The surrounding rural area is the area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community;and/or 2. The use will meet the needs of the people passing through the area. D. Form of Ownership/List of Uses. 1. Any lawful form of ownership is allowed in the TC District, 2. The listing of uses permitted in the TC District is not intended to prohibit other uses allowed elsewhere in Sunriver. 3. When a general use listed in the TC District includes a use or type of ownership that is more specifically described in another zone in Sunriver, the specific listing elsewhere does not prohibit that use from being conducted in the TC District, E. Use Limits. 1. Commercial uses, except for Type 1 home occupations as defined in DCC 18.116.280, are not allowed in Multi-family Residential buildings or Townhomes. 2. Notwithstanding subsection (E)(l), above, the following uses are allowed in Multi-family Residential buildings or Townhomes: a. Live/work residences. b. Lock-off areas. c. Accessory uses to the residential use of the building,such as parking and storage areas. 3. In a Mixed Use Structure, any ground floor unit that has primary frontage along a public plaza approved as part of a Conceptual Site Plan shall be used only for commercial, recreational or community/governmental uses,but not for hotel units, 4 A live/work residence is subject to the following conditions. a. One or more walls of the residence adjoin another residential or commercial building. b. The first floor above the garage is the ground floor,where a parking garage is provided below a residence, below the average finished grade and is completely obscured from view on at least one side of the building. c. The commercial area of the live/work residence may not exceed fifty percent (50%) of the square footage of the entire unit,excluding the garage. d. The commercial area shall not exceed 8,000 square feet in combination with other commercial uses in the same building unless the building has been approved as a part of a Large Scale Use pursuant to DCC 18.108.055(C). F. Building Height Regulations. 1. Except as provided in subsection(2),below, no Mixed Use Structure shall be erected, enlarged or structurally altered to exceed 60 feet in height. Poe 4 of 1 fl-F.X1-111RUT M OF f1 DINANC'P Nil '7(115_0r? 2. One Mixed Use Structure shall be permitted with a maximum height not to exceed 75 feet in height, so long as the building footprint of that portion of said building that exceeds 60 feet in height is not greater than 40,000 square feet of the footprint. 3. Townhomes may not exceed 40 feet in height. 4. Multi-family Residential buildings that are not Mixed Use Structures may not exceed 50 feet in height. 5. The height of all other buildings for uses other than those described in subsections(F)(1)-(4),above, may not exceed 45 feet in height. 6. Where a parking garage is provided beneath buildings or structures described in subsection (F)(1) and(2),above,the height of the building shall be measured from the highest point of the roof to one of the following points: a. A point equal to the elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest elevation adjacent to the building;or b. A point equal to the elevation that is 10 feet higher than the lowest grade from the sidewalk or ground surface described in subsection (a), above, when the sidewalk or ground surface described in subsection(a)is more than 10 feet above lowest grade adjacent to the building. 7. Projections and architectural elements such as chimneys, spires, clock towers, skylights, atriums, flag poles, mechanical equipment and screens and other similar items that do not add habitable interior floor area may be allowed to exceed the height limit by a maximum of 10 feet. 8. Buildings that comply with the height limitations of this subsection also comply with the view protection requirement imposed by DCC 18.124.060(A). G. Lot Requirements. The following lot requirements shall be observed. 1. Front yard: the front yard shall be a minimum of 10 feet. a. Where a lot has more than one front yard,only one front yard must meet the 10 feet minimum. b. Below-grade parking structures that are built under private streets do not need to meet front yard setback requirements. 2. Side yard: 0 feet. 3. Rear yard: 0 feet. 4. Frontage: 0 feet. 5. Road Access. a. Each lot shall have access to any required parking areas and driveways, and to a private road, via a perpetual easement recorded for the benefit of the subject lot. II. District Setback. 1. All development,including structures and sight-obstructing fences over three feet in height,shall be set back from exterior TC District boundaries by the following distances: a. Where the TC District boundary borders an RS or RM District,the minimum setbacks will be: 1) 15 feet from the TC District boundary for any portion of a building that is 45 feet or lower 2) 20 feet from the TC District boundary for any portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. 3) 50 feet from the TC District boundary for any portion of a building that is over 50 feet in height. b. Where the TC District boundary borders a CL District,the minimum setbacks will be: 1) Five feet from the TC District boundary for any portion of a building that is 45 feet or lower. 2) 10 feet from the TC District boundary for any portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. 3) 20 feet from the TC District boundary for any portion of a building that is over 50 feet in height and that does not exceed 60 feet in height. 4) 50 feet from the TC District boundary for any portion of a building that is over 60 feet in height. PA OP 5 of 10-F (l4IR1T M(lF f1RT1TNANC.F.NO Nil car? c. Where the TC District boundary borders any other zoning district, the minimum setback will be: 1) 10 feet from the TC District boundary for any portion of a building that is 45 feet in height or lower. 2) 15 feet from the TC District boundary for any portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. 3) 20 feet from the TC District boundary for any portion of a building that is over 50 feet in height. 2, Items allowed in the District Setback include, but are not limited to, parking, roads, signage, pedestrian pathways,street trees,planters,driveways,landscaping,and outdoor seating. I. Floor Area Ratio. 1. The maximum Floor Area Ratio in the TC District is 1.0. 2. Floor Area Ratio is determined by dividing the enclosed floor area of all floors of all buildings that are proposed by a Conceptual Site Plan by the land area to be bound by the Conceptual Site Plan. 3. The following areas are not a part of the"enclosed floor area of all buildings": a. Below-grade parking garages and mechanical rooms and storage areas located on the same floor as the parking garage. b. Crawl spaces and attics that are not suited to human occupancy. J. Zone Coverage. 1. The total square footage of the building footprints of buildings and enclosed structures is limited to fifty percent(50%)of the gross acreage bound by a Conceptual Site Plan in the TC District. 2. The total square footage of the building footprints of Multi-family Residential and Townhome buildings allowed by DCC 18.108.055(A)(6) and (12) is limited to a maximum of twenty percent (20%)of the gross acreage of the TC District. 3. When calculating the building footprint,buildings and enclosed structures include any deck that is more than 12 inches above finished grade and all areas within any screened enclosure permanently affixed to the ground. 4. The following are not included as building or structures for purposes of calculating building footprint: a. Eaves and any driveway, road,walkway, deck,patio, plaza, or porch that is 12 inches or less above finished grade(except with affixed improvements that exceed 12 inches);and b. Parking areas on or below finished grade. K. Conceptual Site Plan. I. Prior to or concurrent with approval of a site plan or conditional use permit,an applicant must file for approval of a Conceptual Site Plan. 2. A Conceptual Site Plan shall provide a master plan that depicts the approximate location of all of the applicant's proposed land uses. 3. All land owned or controlled by the applicant in the TC District must be shown on and will be bound by the applicant's Conceptual Site Plan. 4. A Conceptual Site Plan application must include all of the following information: a. Types of uses. b. Site circulation. c, Pedestrian Facilities. d. Traffic impact study,as described in DCC 17.16.115. e. The following additional information: 1) An analysis of site access points to Abbott Drive and Beaver Drive by a registered professional engineer who specializes in traffic analysis work that describes operational, capacity and sight distance issues of those access points and the impact of Conceptual Site Plan development on those access points. 2) Identification of street system improvements needed to support the proposed development based on the information provided by the reviews required by this subsection(d). Pan'6 of 111-FYHTRTT M(1F f1RT)TNANC'F.Nfl 7f115-1177 3) A schedule for the construction of needed street improvements, if any, keyed to development benchmarks. f. Approximate location of phase boundaries,if phased development is proposed,and notation of the phasing sequence. g. The projected location and projected range of building or structure size, in square feet, for commercial uses. h. The projected location and projected range of the number of dwelling units for residential use. i. The projected location and approximate size, in square feet, of plazas and public gathering areas. j. Elevations throughout the site that represent general elevations of each use. 1) Examples of uses for which such elevations should be shown on the Conceptual Site Plan are residential, hotel or commercial structures, pedestrian plazas, parking areas, road intersections,and at length along all roadways. 2) Such elevations must show existing and projected finished elevations. k. The projected footprint and location of new buildings or parking areas.The exact footprints and locations of buildings and parking areas shall be determined during site plan review. 1. Existing uses on lands owned or controlled by persons other than the applicant. 5. A Conceptual Site Plan shall be approved if it demonstrates that future development is located on the subject property so that, in addition to the requirements of DCC 18.108.055, the following standards can be met at the time of site plan review: a. DCC 23.40.025;and b. DCC 18.124.060(A)-(E)and(I);interpreted as described in DCC 23.40.025(E)(1)(d)(3). 6. Approval of a Conceptual Site Plan does not authorize uses or development. 7. An applicant shall commence development within five years of the date of final approval of the Conceptual Site Plan unless an extension of the duration of approval of the Conceptual Site Plan has been granted pursuant to DCC 22.36.010(C). 8. Substantial construction of a Conceptual Site Plan development, for purposes of DCC 22.36.020(A)(2), occurs when the first building authorized by the Plan has been substantially constructed,as defined by DCC 22.36.020(B). L. Application and approval process. 1. A site plan or conditional use application shall be consistent with the Conceptual Site Plan with the following exceptions. a. Existing structures or features can be used or altered to meet the requirements of subsections(5) and(10)-(13)of this subsection. b. If the existing structures or features were included in a site plan approval under DCC 18.108.055 and the existing structures or features are proposed to be altered by subsequent site plan, that subsequent site plan must demonstrate compliance with the requirements of subsections(5)and(10)-(13)of this subsection. 2. A site plan application shall include the number of all uses by type, their ITE code and their pm peak hour trips. 3. Each site plan, cumulatively with any previously approved site plan, shall demonstrate that the development will not generate traffic at a rate that will exceed the number of pm peak hour vehicle trips for residential and commercial uses assumed in the traffic study required by subsection(K)(4) above. 4. Adjustments may be made to building locations,sizes,footprints,unit counts and phase boundaries shown on the Conceptual Site Plan during site plan review if such adjustments do not constitute a change requiring modification of approval of the Conceptual Site Plan pursuant to DCC 22.36.040. 5. An applicant seeking site plan approval shall demonstrate that,when the development that is subject to the site plan approval is complete,a ratio of 150 square feet of commercial space to one dwelling unit will be met. 6. The term"dwelling unit"used in subsection(5),above,includes: Pacer 7 of 10-F1(H1RIT M(1F(1RTIINANCF N(1 015177 a. All hotel and residential dwelling units,including Multi-family Dwellings and Townhomes. b. Lock-off Areas shall be counted as a half dwelling unit for purposes of calculating the ratio described in subsection(5),above. 7. The development in the TC District, cumulatively with any previously approved site plan, must meet the ratio in subsection(5)above. 8. When a second or subsequent site plan is approved a commercial area shown on a prior site plan may be counted toward meeting the required ratio in Subsection (5) above only if construction of the commercial area approved on a prior site plan has been commenced. 9. The site plan shall include the projected finished and existing grade elevations of the site indicating every foot of elevation change on the subject property. 10. Each site plan, cumulatively with all previously approved site plans,shall demonstrate compliance with the fifteen percent(15%)lot area landscaping requirement of DCC 18.124.070(B)(1)(a). a. Landscape areas existing as of the adoption of Ordinance 2008-105 may be used to determine compliance with the fifteen percent(15%)rule as long as the existing landscaping is included in the site plan. b. In the TC District, plazas available to the public may be included to demonstrate compliance with the fifteen percent(15%)landscaping requirement. 11. Each site plan, cumulatively with all previous site plans, shall demonstrate compliance with the FAR requirements of DCC 18.108.055(I). 12. Each site plan,cumulatively with all previously approved site plans,shall demonstrate compliance with the recreation space requirements of DCC 18.124.070(A)(2). 13. Each site plan,cumulatively with all previously approved site plans,shall demonstrate compliance with the zone coverage requirements of DCC 18.108.055(J). 14. Where improved bike paths cross land proposed for site plan development,the applicant shall retain or relocate and rebuild the bike path. M. Any application for a zone change to the Town Center District shall include a copy of a signed development agreement between the property owner,the applicant,if different than the property owner, and the homeowners association. I (Ord.2015-0022 13,2015-Ord.2015-004§9,2015;Ord.2008-015§2,2008) 18.108.110. Business Park-BP District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Residential uses existing as of March 31, 1997. 2. Administrative,educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. 5. Post office. 6. Church in building or buildings not exceeding 5,000 square feet of floor area. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: Retail/rental store,office and service establishment,including but not limited to the following: a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business,including tire stores and parts stores. b. Agricultural equipment and supplies. c. Car wash. d. Contractor's office,including but not limited to, building, electrical,plumbing,heating and air conditioning,painter,etc.. e. Construction equipment sales,rental and/or service. f. Exterminator services. g. Golf cart sales and service. Pacer R of 1(1-FYI-Ht LT M CIF C1RT71NANCF.NCI 7fl15-f177 h. Lumber yard,home improvement or building materials store. i. Housekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service. 1. Restaurant,bar and cocktail lounge including entertainment. p. Medical marijuana dispensary subject to DCC 18.116_320,Medical M:* i a Dispensary. Marijuana processing,Type 1 subject to the provisions of DCC 18.1 16.330. q. Marij_uanawholesaling,office only with no storage of marijuana items,subject to the provisions of DCC 18.116.330. 8. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, assembly,fabricating or packaging of products from previously prepared materials,including but not limited to cloth,paper,leather,precious or semi-precious metals or stones,etc. c. Manufacture of food products,pharmaceuticals and the like,but not including the production of fish or meat products,or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility structures and yards,including railroad yards. 2. A dwelling unit for a caretaker or watchman working on a developed property. 3. Law enforcement detention facility. 4. Parking lot. 5. Radio and television broadcast facilities. 6. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley. b. Theater. c. Veterinary clinic and/or kennel. d. Marijuana processing,Type 2 subject to the provisions of DCC I8.1 16.330- c. Marijuana retailing subject to the provisions of DCC 18.1 16.330. f Marijuana wholesaling with storage of marijuana items subject to the provisions of DCC 18.1 16.330. 7. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Warehouses and distribution uses in a building or buildings exceeding 10,000 square feet of floor area. b. Distillery and beer/ale brewing facility,including wholesale sales thereof. c. Self/mini storage. d. Trucking company dispatch/terminal. e. Solid waste/garbage operator,not including solid waste disposal or other forms of solid waste storage or transfer station. C. Use Limits. The following limitations and standards shall apply to uses listed in DCC. 18.108.110(A)or (B): 1. A use expected to generate more than 30 truck-trailer or other heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot adjacent to or across the street from a lot in a residential district. 2. Storage,loading and parking areas shall be screened from residential zones. Pacer 9 of 1(1-FY!-11MT M(W ClPr11N ANC".F N(l 11115..8 3. No use requiring air contaminant discharge permits shall be approved by the Planning Director or Hearings Body prior to review by the applicable state or federal permit reviewing authority, nor shall such uses be permitted adjacent to or across the street from a residential lot. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.110(A)(6) or (B)(6) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the community and surrounding rural area,or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.110,the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area;and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. E. Height Regulations. No building or structure shall be hereafter erected,enlarged or structurally altered to exceed 45 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width, No requirements. 3. Lot Depth. Each lot shall have a minimum depth of 100 feet. 4. Front Yard. The front yard shall be a minimum of 25 feet. 5. Side Yard. No side yard required,except when adjoining a lot in an RS or RM District and then the required side yard shall be 50 feet. No side yards are required on the side of a building adjoining a railroad right of way. 6. Rear Yard. No rear yard required,except when adjoining a lot in an RS or RM District and then the rear yard shall be 50 feet, No rear yard is required on the side of a building adjoining a railroad right of way. 7. Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area, I (Ord.2015-0022 13,2015;Ord.2015-004§9;2015;Ord.2012-002 1,2012;Ord.97-078§2, 1997) PA RP 1(1 of 10-FXHTRTT M(1F(IRTNNANrF.Nll 7015-f177 ****"Denotes portions of this Section not amended by Ordinance 2015-022. Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.280. Home Occupations. **** F. Prohibited Uses:The following uses shall be prohibited as a home occupation: 1. Marijuana production; 4. Marijuana processing; 5. Marijuana wholesaling;and 6. Marijuana retailing. (Ord.2015-022 §14,2015;Ord 2007-021 §1,2007;Ord 2004-002§24,2004) A. The location is subject to the Oregon Medical Marijuana Act under ORS Chapter'175. C. The dispensary is registered with the Oregon Health Authority under the state of Oregon's medical •. . . • - requirements of OAR Chapter 333 Division R Medical Marijuana Facilities. with all OHA rules. E. The ud44 ion or conversion of the dispensury-to recreati nal ;e marijuana sales and distribution is a marijuana dispensary use. (Ord.2015-022§I4,2015;Ord.2015-004§10,2015) 18.116.330. Marijuana Production,Processing,Retailing,and Wholesaling Purpose The purpose o1DCC 18.116.330 is to establish reasonable time,place and manner regulations for recreational and medical marijuana production,processing,retailing and wholesaling. A. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Yard Depth. No land area or structure used for marijuana production or marijuana processing shall be located closer than 100 feet from any lot line. 2. Additional.Setback. No land area or structures used for marijuana production or marijuana processing shall be located closer than 300 feet from an existing dwelling unit not located on the same properly as marijuanroduction or marijuana processing use. Pacer 1 of 4-FXHTRTT N nF(lRDTNANI'.F.N(l /(115-11,1 3. Access.The subject property shall have frontage on,and direct access from,a constructed public, county,or state road,or take access on an exclusive road or casement serving only the subject property.If property takes access via a private road or easement which also serves other properties. evidence must be provided by the applicant,in the thrill of a petition,that all other property owners who have access rights to the private road or easement agree to allow the specific marijuana • production or marijuana processing described in the application. Such evidence shall include any • conditions stipulated in the agreement. 4. Odor.A building,including greenhouses,used for marijuana production or marijuana processing shall he equipped with a carbon filtration system for odor control.The system shall consist of one or more fans and filters.The tan(s)shall be sized for cubic feet per minute(CFM)equivalent to the volume of the building(length multiplied by width multiplied by height)divided by three.The filter(s)shall be rated for the required CFM. 5. Lighting. Lighting shall he regulated as follows: a. Light cast by light fixtures inside any building,including greenhouses,used for marijuana production or marijuana processing,shall be screened or shielded from view outside the building to the maximum extent possible from sunset to sunrise the thllowing day. b. marijuana grow lights shall not be illuminated from sunset to sunrise the following day. c. Light cast by exterior light fixtures shall comply with the outdoor lighting standards of DCC 15.10, 6. Security Cameras. If security cameras are used,they shall he directed to record only the subject property and public rights-of-way. 7. Secure Disposal.Secure disposal of discarded marijuana items shall he provided;marijuana items • shall not be placed within exterior refuse containers on the subject properly. 8_ Noise. In addition to compliance with the Noise Control Standards of DCC 808,noise from mechanical equipment used for heating,ventilating,air conditioning,or odor control shall not produce sound that,when measured at any lot line of the subject property,exceed 50 dhl(A)anytime • between 10:00 p.m.and 7:00 a.m.the following day. 9. Screening. Land area and buildings_including greenhouses,used for marijuana production or marijuanaj2rocessing shall be screened in the following manner: a. A row of evergreen trees or shrubs along the outside perimeter of the land area and buildings, including greenhouses, shall be no less than 4 feet in height when planted,and spaced in such a way as to reduce the visual impacts of the land areas and buildings as viewed from roads, rivers,streams,and abutting private properties. b. Vegetation shall be continuously maintained. c._ Combination of existing vegetation,berming,topography. wall, fence,or other can be used. d. All materials used for buildings,structures,and fencing,excluding greenhouses shall be finished in muted earth tones that blend with and reduce contrast with the surrounding vegetation and landscape of the marijuana production and processing area. 10. Water.The applicant shall submit proof of a water right for the proposed marijuana production or marijuana processing,or proof of access to a public or community water system. 11. Minimum Separation Distances.Minimum separation distances shall apply as follows: a. The use shall be located a minimum of: i. 1000 feet from a public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.020,including any parking lot appurtenant. thereto and any property used by the school;or a private or parochial elementary or secondary school,teaching children as described in ORS 339.030(1)(a),including any parking lot appurtenant thereto and any property used by the school- ii. 1000 feet from a licensed child care center or licensed preschool,including any parking lot appurtenant.thereto and any property used by the child care center or preschool; Pace 7 nf 4-FXHTRTT N OF OR[ITN ANCP NO ?n1 5_11?? • h. For purposes of Subsection 18.116.330(A)(10),all distances shall be measured from the lot line of the affected property(e.g.,a school)to the closest lot line of the property occupied by the marijuana producer or marijuana processor. c. A change in use(including a zone change)to another property to a use identified in Subsection 18.116.330(A)(10),after a marijuana producer or processor has been licensed by or registered with the State of Oregon shall not result in the marijuana producer or marijuana processor being in violation of Subsection 18.116.330(A)(10). 12. RR-10,MUA-10.F-1.and F-2 Zones In the RR-10,MUA-10,F-1,and F-2 Zones,marijuana production and marijuana processing shall he subject to the following additional standards and criteria: a. An owner of the subject property shall reside in a dwelling unit on the subject property. b. The subject property minimum parcel size shall be: i. Marijuana production: 5 acres. Marijuattaprocessing,Type 1:5 acres. iii. Marijuana processing,Type 2: 10 acres. c. Marijuana production and marijuana processing shall be located entirely within one or more completely enclosed buildings,including;greenhouses. i. A maximum of 5,000 square feet of building space may be used for all activities associated with marijuana production on the subject property. ii. A maximum of 3,000 square feet of building space may be used for all activities associated • with marijuana processing on the subject property. iii, if only a portion of a.building is authorized for use in marijuana production or marijuana processing,a partition wall at least seven feet in height,or a height as required by the County Building Codes Division,whichever is greater,shall separate the marijuana production or marijuana processing mace from the remainder of the building,.A partition wall may include a door,capable of being closed,for ingress and egress between the marijuana production or marijuana processing space and the remainder of the building. • d. Marijuana.processing,Type 2 shall only he permitted on properties located within the • boundaries of a fire protection district. 13. Nonconformance. All marijuana production andprocessing operations lawfully established prior to the effective date of the requirements codified in this ordinance are exempt from all such regulations until December 31,2016,at which time the use and buildings,including greenhouses, shall comply with the provisions of DCC; 1S.1 16.330(4)through(9). F3. Marijuana retailing. Marijuana retailing,including recreational and medical marijuana sales,shall be subject to the following standards and criteria: • 1. Hours.Operating hours shall be no earlier than 10:00 a.m.or later than 7:00 p.m.on the same day. 2. Window Service. The use shall not have a walk-up window or drive-thru window service. 3. Secure Disposal.Secure disposal of discarded marijuana items shall be provided;marijuana items shall not he placed within exterior refuse containers on the subject property. 4. Minors.No minor shall be permitted to be present anywhere in the building space occupied by the marijuana retailer,unless accompanying a parent or guardian as allowed by state law. 5. Co-Location of Related Activities and Uses.Marijuana and tobacco products shall not be smoked, ingested,or otherwise consumed in the building space occupied by the marijuana retailer. In addition,m •rjjuana retailing shall not be co-located on the same lot of record or within the same building with any marijuana social club or marijuana 5rnoking slub, 6. Minimum Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of: i. 1000 feet from a public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.020,including any parking lot appurtenant thereto and any property used by the school;or a private or parochial elementary or PAOe (.4'4-FXHTRTT N 11F ORDTNANeF NO 9111 S_f99 secondary school,teaching children as described in ORS 339.030(I)(a),including any parking lot appurtenant thereto and any property used by the school; ii. 1000 feet from a licensed child care center or licensed preschool,including any parking lot appurtenant thereto and any property used by the child care center or preschool., iii. 1000 feet from any other marijuana retail facility licensed the Oregon Liquor Control Commission(OLCC)or registered with the Oregon Health Authority(OHA) b. For purposes of Subsection 18.116.330(B)(7),all distances shall be measured from the lot line of the affected property(e.g.,a school)to the closest lot line of theTroperty occupied by the marijuana producer or marijuana processor.by the mariliana retailer. c. A change in use(including a zone change)to another property to a use identified in Subsection 18.116.330(B)(7),after a marijuana retailer has been licensed by_prregistered with the State of Oregon shall not result in the marijuana retailer being in violation of Subsection 18.116.3301E0(7), d. A marijuana retailer that fulls under Subsection 18.116.330_(13),(7,),,may relocate to another location in the same building C. Marijuana wholesaling with onsite storage of marijuana products. Marijuana wholesaling with onsite storage of marijuana products shall be subject to the following standards and criteria: 1. Secure Disposal. Secure disposal of discarded marijuana items shall be provided;marijuana items shall not be placed within exterior refuse containers on the subject property. 2, Co-Location of Related Activities and Uses.Marijuana and tobacco products shall not be smoked, ingested.or otherwise consumed in the building pace occupied by the marijuana wholesaler.In addition,marijuana wholesaling shall not be co-located on the same lot of record or within the same building with any marijuana social club or marijuana smoking club. 3. Minimum Separation Distances.Minimum separation distances shall apply as follows: a. The use shall be located a minimum of: ii. 1000 feet from a public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.020,including any parking lot appurtenant thereto and any property_used by the school;or a private or parochial eleme.phty or secondary school,teaching children as described in ORS 339.030(I)(a),including any parking lot appurtenant thereto and any property used by the school; ii. 1000 feet from a licensed child care center or licensed preschool,including any parking lot appurtenant thereto and any property used by the child care center or preschool; h. For purposes of Subsection 18.116.330(C)(3),all distances shall be measured from the lot line of the affected property(e.g.,a school)to the closest lot line of the property occupied by the marijuana wholesaler. c. A change in use(including a zone change)to another property to a use identified in Subsection 18.116.330(C)(3),after a marijuana wholesaler has been licensed by or registered with the State of Oregon shall not result in the marijuana wholesaler being in violation of Subsection 18.116.330(C)(3), d. A marijuana wholesaler that falls under Subsection 18.116.330(C)(31 may relocate to another location in the same building. (Ord.2015-022 §l4,2015) Paco 4 of 4-FYI-MITT N OF OR INN ANCF.NO 7(11 5_077 ****"Denotes portions of this Section not amended by Ordinance 2015-024. Chapter 19.04.TITLE,PURPOSE,COMPLIANCE AND DEFINITIONS 19.04.020. Purpose. A. DCC Title 19 has been designed in accordance with the goals,policies and statements of intent of the Bend Area General Plan, the officially enacted comprehensive plan for the City of Bend and its environs. It is the general purpose of DCC Title 19,therefore,to provide one of the principal means for implementation of the Bend Area General Plan. B. DCC Title 19 is designed to classify,designate and regulate the location and use of buildings,structures and land for residential,commercial,industrial or other uses in appropriate places and for said purposes; to divide the Bend Urban Area into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement; to encourage the most appropriate use of lands;to conserve and stabilize the value of natural resources; to provide adequate open spaces for light and air and prevention of tire; to prevent undue concentrations of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities, such as transportation,water,sewerage,schools,parks and other public requirements;and to promote the public health,safety and general welfare. C. To regulate placement,height and bulk of buildings,and the placement and growth of vegetation within the County to insure access to solar energy by reasonably regulating interests in property within the County, as authorized under ORS 215.044 and ORS 105.880 through 105.890; to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the Comprehensive Plan policies relating to solar energy. D. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to use solar energy by protecting solar access. E. Marijuana processing,production, retailing, and wholesaling are prohibited on properties subject to the provisions of Title 19. (Ord.2015-024§l,2015;Ord.83-041 §1, 1983) 19.04.040. Definitions. "Cannabinoid"means any of the chemical compounds that are the active constituents of marijuana. "Catulabinoid concentrate"means a substance obtained by separating cannabinoids from marijuana by a mechanical extraction process; a chemical extraction process using a nonhydrocarhon-based or other solvent, such as water, vegetable glycerin, vegetable oils,animal fats, isopropyl alcohol,or ethanol; a chemical extraction process using the hydrocarbon-based solvent carbon dioxide,provided that the process does not involve the use of high heat or pressure; or any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority,by rule. "Cannabinoid edible"means food or potable liquid into which a cannabinoid concentrate, cannabinoid extract, or dried marijuana leaves or flowers have been incorporated. Pave 1 nf'i -'EXHIBIT A OF ORf1NANC.F NO 7f115-07.4 "Cannabinoid extract"means a substance obtained by separating cannabinoids from marijuana by a chemical extraction process using a hydrocarbon-based solvent, such as butane,hexane or propane; a chemical extraction process using the hydrocarbon-based solvent carbon dioxide,if the process uses high heat or pressure; or any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority, by rule. "Cannabinoid product"means a cannabinoid edible and any otherproduct intended for human consumption or use, including a product intended to he applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include usable marijuana by itself, a cannabinoid concentrate by itself, a cannabinoid extract by itself,or industrial hemp as defined in Oregon Revised Statutes 571.300. "Marijuana"means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaccae, and the seeds of the plant Cannabis family Cannabaceac.Marijuana does not include industrial hemp as defined in Oregon Revised Statutes 571.300. "Marijuana items"means marijuana,cannabinoid products,cannabinoid concentrates, and cannabinoid extracts. "Marijuana processing,Type 1"means the processing of marijuana limited to trimming, drying,. curing, and packaging of harvested marijuana, provided that the marijuana processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health Authority. "Marijuana.processing, Type 2"means the processing of marijuana that extracts concentrates, infuses products, or involves mechanical and/or chemical processing in addition to drying, curing,trimming, and packaging,provided that the marijuana processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health Authority., "Marijuana production" means the manufacture, planting, cultivation, growing, trimming, harvesting, or drying of marijuana,provided that the marijuana producer is licensed by the Oregon Liquor Control Commission, or registered with the Oregon Health Authority and a "person designated to produce marijuana by a registry identification cardholder." "Marijuana retailing"means the sale of marijuana items to a consumer, provided that the marijuana retailer is licensed by the Oregon Liquor Control Commission for recreational marijuana sales or registered with the Oregon I Iealth Authority for medical marijuana sales. "Marijuana wholesaling"means the purchase of marijuana items for resale to a person other than a consumer,provided that the marijuana wholesaler is licensed by the Oregon Liquor Control Commission. "Person designated to produce marijuana by a registry identification cardholder"means person designated to produce marijuana by a registry identification cardholder under Oregon Revised Statutes 475.304 who Pane 7 of 3 -F.XHiRTT A OF OR1')INANCF.NO 7015-07.4 produces marijuana for a registry identification cardholder at an address other than the address where the registry identification cardholder resides or at an address where more than 12 mature marijuana plants are produced. (Ord. 2015-024 $1, 2015;Ord. 2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97- 038 §1, 1997;Ord.97-017 §1, 1996;Ord.96-071 §1D, 1996;Ord.95-045 §15, 1995;Ord.94 027 §§1 &2, 1994; Ord. 92-043 §1, 1992; Ord. 91 029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord. 90-007 §1, 1990;Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86- 033 §1, 1983; Ord. 86-032 §1, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983;Ord.80-217§1 Exhibit A, 1980) Noe 3 of i -FXT4TRTT A OF ORDINANCF,NO 7015-074 "****"Denotes portions of this Section not amended by Ordinance 2015-025. Chapter 20.04.INTRODUCTORY PROVISIONS 20.04.030. Purpose. DCC Title 20 is adopted for the purpose of promoting the health, safety, peace, comfort, convenience, economic well-being and general welfare of the Redmond Urban Area and not limited to,but specifically to achieve the following designated objectives. A. To protect the present and existing character and values of land and buildings in the UH-10 zone until such land is ready to be developed for urban uses and is annexed into the City: 1. Preventing the intrusion of inharmonious uses or uses that may impede the conversion of land to urban use. 2. Preventing the encroachment on desirable open space and natural features. 3. Providing and planning for the safe and efficient movement of existing and future traffic. 4. Assuring the planning for and provision of necessary public facilities prior to conversion to urban uses. B. To provide for additional growth and development in a manner appropriate to the character of the Redmond Urban Area and which will contribute to the economic stability of said area and strengthen the basis of its private and governmental economy. C. To assure that future development occurs in an orderly manner to provide for economy and efficiency in public services and utilities and to protect the public from costs which may be incurred when unsuitable, scattered or premature development occurs. D. To minimize traffic hazards,traffic congestion and the conflict between land uses and the movement of traffic. E. To regulate the placement,height and bulk of buildings. F. Marijuana processing,production, retailing, and wholesaling are prohibited on properties subject to the provisions of Title 20. (Ord. 2015-025 §1, 2015;Ord. 2006-019 §2, 2006; Ord. 2001-016 §2, 2001; Ord. 94-013 §1, 1994; Ord. 83-040§1, 1983;Ord.80-201, 1980) 20.04.050. Definitions. "Cannabinoid"means any of the chemical compounds that are the active constituents of marijuana. "(:annabinoid concentrate" means a substance obtained by separating cannabinoids from marijuana by by Y I b _...._.]_.. Y mechanical extraction process; a chemical extraction process using a nonhydrocarbon-based or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol, or ethanol; a chemical cxtractiai foccss using the hydrocarbon-based solvent carbon dioxide,provided that the process does not involve the use of high heat or pressure; or any other process identified by the Oregon Liquor Control Commission,in consultation with the Oregon Health Authority,by rule. `Cattnabinoid edible" means food orpotablc liquid into which a cannabinoid concentrate, cannabinoid extract,or dried marijuana leaves or flowers have been incorporated. "Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by a chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane: a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the process uses high Page 1 of 2 EXHIBIT A OF ORDINANCE NO.2015-025 heat or pressure;or any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health Authority,by rule. "Cannabinoid product"means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to he applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers.Cannabinoid product does not include usable marijuana by itself,a cannabinoid concentrate by itself, a cannabinoid extract by itself, or industrial hemp as defined in Oregon Revised Statutes 571.300. "Marijuana". means the plant Cannabis family Cannabaccac, any part of.._the._plant Cannabis family • Cannabaccac, and the seeds of the plant Cannabis family Cannabaccac. Marijuana does not include industrial hemp as defined in Oregon Revised Statutes 571.300. "Marijuana items" means marijuana. cannabinoid products, cannabinoid concentrates, and cannabinoid extracts. "Marijuana processing,Type 1"means the processing of marijuana limited to trimming,drying,curing, and packaging of harvested marijuana, provided that the marijuana processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health Authority "Marijuana processing, Type 2" means the processing of marijuana that extracts concentrates, infuses products, or involves mechanical and/or chemical processing in addition to drying, curing, trimming, and packaging,provided that the marijuana processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health Authority.. "Marijuana production" means the manufacture, planting, cultivation. growing, trimming, harvesting, or drying of marijuana, provided that the marijuana producer is licensed by the Oregon liquor Control Commission,or registered with the Oregon Health Authority and a"person designated to produce marijuana by a registry identification cardholder." "Marijuana retailing"means the sale of marijuana items to a consumer,provided that.the marijuana retailer is licensed by the Oregon Liquor Control Commission for recreational marijuana sales or registered with the Oregon Health Authority for medical marijuana sales. "Marijuana wholesaling" means the purchase of marijuana items for resale to a person other than a consumer,provided that the marijuana wholesaler is licensed by the Oregon Liquor Control Commission. "Person designated to produce marijuana by a registry identification cardholder"means person designated to produce marijuana by a registry identification cardholder under Oregon Revised Statutes 475.304 who produces marijuana for a registry identification cardholder at an address other than the address where the registry identification cardholder resides or at an address where more than 12 mature marijuana plants are produced. (Ord. 2015-025 2015;Ord. 2006-019 §2, 2006; Ord. 2001-016 §2, 2001; Ord. 94-013 §1, 1994; Ord. 83-040§2, 1983;Ord.81-007§1, 1981;Ord.80-201, 1980) Page 2 of 2 EXHIBIT A OF ORDINANCE NO.2015-025 "****"Denotes portions of this Section not amended by Ordinance 2015-026. Chapter 21.04.INTRODUCTORY PROVISIONS 21.04.020. Purpose. A. DCC Title 21 has been designed to be consistent with the goals, policies, programs, elements, and statements of intent of the Sisters Urban Area Comprehensive Plan, the officially adopted comprehensive plan for the City of Sisters and its surrounding urbanizing area. The general purpose of DCC Title 21 is to provide for one principal means for implementation of the Sisters Urban Area Comprehensive Plan. B. DCC Title 21 is designed to classify, designate and regulate the use of land within the Sisters Urban Area Growth Boundary outside the City of Sisters City Limits. To achieve this purpose,DCC Title 21 divides the Sisters Unincorporated Urban Area into appropriate zoning districts as set forth in the policies and elements of the Sisters Urban Area Comprehensive Plan. C. The further purpose of DCC Title 21 policies and elements of the Sisters Area Comprehensive Plan,is to encourage the most appropriate use of land; to conserve and preserve natural resources and the quality that is unique to Sisters, including open space for light, air, fire prevention, and for sanitary purposes; to prevent undue or uncharacteristic concentrations of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities such as transportation, water, sewage, schools, parks other public requirements; to promote the public health, safety, general welfare and to protect and enhance the visual quality of the Sisters area. D. Marijuana processing, production,retailing, and wholesaling are prohibited on properties subject to the provisions of Title 2I. (Ord.2015-026§1,2015;Ord.2004-004§2,2004;Ord.PL-17§2, 1979) 21.04.040. Definitions. **** "Cannabinoid"means any of the chemical compounds that are the active constituents of marijuana. "Cannabinoid concentrate"means a substance obtained by separating cannabinoids from marijuana by a mechanical extraction process; a chemical extraction process using a nonhydrocarbon-bascd or other solvent. such as water,vegetable glycerin, vegetable oils,animal fats, isopropyl alcohol, or ethanol.,a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, provided that the process does not involve the use of high heat or pressure; or any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon i Icalth Authority, by rule. "Cannabinoid edible"means food or potable liquid into which a cannahinoid concentrate, cannahinoid extract, or dried marijuana leaves or flowers have been incorporated. "Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana by a chemical extraction process using a hydrocarbon-based solvent, such as butane,hexane or propane; a chemical extraction process using the hydrocarbon-based solvent carbon dioxide,if the process uses high heat or pressure;or any other process identified by the Oregon Liquor Control Commission, in consultation with the Oregon health Authority, by rule. Page 1 of 2 EXHIBIT A OF ORDINANCE NO.2015-026 • "Catlnabinoid product"means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers. Cannahinoid product does not include usable marijuana by itself, a cannabinoid concentrate by itself, a cannabinoid extract by itself,or industrial hemp as defined in Oregon Revised Statutes 571.300. "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceac, and the seeds of the plant Cannabis family Cannabaceac. Marijuana does not include industrial hemp as defined in Oregon Revised Statutes 571.300., "Marijuana items" means marijuana, cannabinoid products, cannabinoid concentrates, and cannabinoid extracts. "Marijuana processing,Type 1"means the processing of marijuana limited to trimming,drying,curing, and T ] acka m�of harvested marijuana, provided that the marijuana processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health Authority. "Marijuana processing, Type 2" means the processing of marijuana that extracts concentrates, infuses products, or involves mechanical and/or chemical processing in addition to drying, curing, trimming, and packaging,provided that the marijuana processor is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health Authority.. "Marijuana production" means the manufacture, planting, cultivation, growing, trimming, harvesting, or drying of marijuana, provided that the marijuana. producer is licensed by the Oregon Liquor Control Commission,or registered with the Oregon Health Authority and a"person designated to produce marijuana by a registry identification_cardholder." "Marijuana retailing"means the sale of marijuana items to a consumer, provided that the marijuana retailer is licensed by the Oregon Liquor Control Commission for recreational marijuana sales or registered with the Oregon Health Authority for medical marijuana sales. "Marijuana wholesaling" means the purchase of marijuana items for resale to a person other than a consumer,provided that the marijuana wholesaler is licensed by the Oregon T.iquor Control Commission. "Person designated to produce marijuana by a registry identification cardholder"means person designated to produce marijuana by a registry identification cardholder under Oregon Revised Statutes 475.304 who produces marijuana for a registry identification cardholder at an address other than the address where the registry identification cardholder resides or at an address where more than 12 mature marijuana plants are produced. (Ord.2015-0026 §L_2015;Ord.2004-004, §2,2004;Ord.97-048 §1, 1997;Ord. 88-038 §1, 1988;Ord. 80- 225 §1, 1980;Ord.PL-17§4(1)-(108), 1979) Page 2 of 2 EXHIBIT A OF ORDINANCE NO.2015-026 EXHIBIT C PLANNING COMMISSION RECOMMENDATIONS SUMMARY OF ZONES PERMITTING MARIJUANA RELATED BUSINESSES (This table identifies the zones where marijuana related businesses are recommended to be allowed.) Zone [ Processing l Production I Retail Wholesale I Comments Permitted:P Conditional Use:CU Not Allowed:- Excluding Including Extracts Extracts TITLE 18—Deschutes County 18.16 Exclusive Farm Use—EFU p p p Recommendation is to require 20-acre minimum parcel size 18.65 RURAL SERVICE CENTER—UC 18.65.020 Commercial Mixed Use District(Brothers, Hampton, Millican, - - - CU P Whistlestop,Wildhunt) 18.65.021 Commercial Mixed Use - CU P (Alfalfa) 18.66 TERREBONNE RURAL COMMUNITY Recommendation is 18.66.040 Commercial—TeC CU CU - CU p wholesaling to be office only with no storage of marijuana products allowed. Recommendation is 18.66.050 Commercial Rural—TeCR CU CU CU p wholesaling to be office only with n2 storage of marijuana products allowed. 18.67 TUMALO RURAL COMMUNITY 18.67.030 Residential 5-acre—TuR5 Recommendation is 18.67.040 Commercial—TuC CU CU CU p wholesaling to beoffice'only with no storage of marijuana products allowed. 18.67.060 Industrial—Tul P CU CU 18.74 RURAL COMMERCIAL 18.74.020 Deschutes Junction and CU -Deschutes River Woods Store 18.74.025 Spring River CU 18.74.027 Pine Forest and Rosland - - CU P 18.100 Rural Industrial P/CU CU CU CU 18.108 SUNRIVER UUC 18.108.050 Commercial-SUC - CU P 18.108.055 Town Center-TC CU 18.108.110 Business Park-SUBP P CU - CU P TITLE 19-BEND No Marijuana Related Businesses Allowed TITLE 20-REDMOND No Marijuana Related Businesses Allowed TITLE 21-SISTERS No Marijuana Related Businesses Allowed a v a m n Y EY °- - E i , 7 N X :.: E CC �G fi ° O y A i:n8;1;:' na . fa F U a % � m . _, LC,1_,, E ^ 1 fpY a C a rR 0'm 4 , tl1 e�0 C ',,j, -- E o E m ; E „ a '' ' § a 9 ?, 2 8 E a 8 .. 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CO O §ƒ� \ CO kZg 0 \ \ \ f ) }\ kkc 2E | EXHIBIT D "****"Denotes portions of this Section not amended by Ordinance 2015-022. 18.04.030. Definitions. :(:a nnabinoid".tnean.s any stf the chemical compounds.that are the actiye constituents of marijuana,: ( lltallkaalt concentrate" N1t a,nw a substance o ClltU.c b wc ?a tulw;aanu rbirmit..,,,From marijuana by CI mechanical extraction process •t,chemical extraction process issillg.ailrrnIYytdrtkcarbnf b Iset1 rat other scabnit watch,as..as Ntel...vcu vtgct rt71c._.c..ts...:tuimal fats.isopropyl alcohol, or ethanol; tt chemical extraction process tlsiill the hydrocarbon-based solvent carbon dioxide. provided..that the process does prat involve die use of high heat o lfesstue. car ttlly other process identified by the Oregon Liquor Control Commission, in consultation with thieOreaonI icalthAtttllorily by rule, `'C'auruabinord edible" means bard&r.pot able Iicutid into avhich `L cannabinoid cnnccntratc�cnnnabitanid extl aet.or dried,.rmarijuana leaves or flowers have been incorporated. C lnnabiuord extract" means a obtained by_scpyatzs.trnt.ciinnabinoiclw from marijuana by a chemical extraction proc.ess using ahydrocarbon-based solvent,such as huti.tne hexane;or.parc'pa anc: chemical extrac'tio process usin the hydrocarbon-based solvent carbon clioxide..tfthelrroccsw rise~ht:~ll heat or pressure;or any...tither praac ess identified h\....thc(?rcgon 1.ieluor("ontt-tll ( catrttm lion, in consultation with the Oregon Iiealth_A.uthority`. by rule, "C annahinoid product" means a c amlahmo!d edible and any other product intended for human consumption or use.includinga product intended to be applied to the Skin or hair,.It contains ctpnlYalalnaYelti or dried marijuana Yn ra le ices or flowers, ;annahinoid I)rocluct dams not include usable marijuana_byf itself. a eann abani)rd concentrate by itseIl, t c,atlrkabYtt�.a►d extract by itselfOr iichrstl itl hemp as defined in Oregon Revised t atutcs,.571 300. "Marijuana" means the,.plant (','ulna ns_family C nintrb lee lu...,.alny ?_art of the plant t. ttnabis kimt.ly': ('taint tbaceac, )nd the seeds of the plant Cannabis faintly ( inn kb lceac Marijuana do s not tuchiste. industrial (temp as defined in Oreasm Revised Statutes 571.,.300, 'Mirijuana ite ns' means imirijnana,cannabinoid products,eannabinntd concentrates. lath hwoid extract,. "Marijuana Pt tcessmg means the pr'occsstng1etrmpounding,,01.conversion of mar du an t jnto carnnahinatdMptroducts Bann binoid concentrates,or caannrtbinoid extracts,pro Idea that the marijuana t?ra'.....tssor is licensed by the. ()tcgon i:.icptl.n..(:otrtrol_(.o[p ntssirn►cif rev istcred with the_()rctou Ilea th Authority," "NI irijuana_p!.oductrun„” tniar?s the manufacture,planting, cultivation. iroWjlt:i ,t pmmrng':hat\I..Si:t.rig,G:tt drying of muu.apnan.rprovidedthat the marijuana producer is licensed by the Oregon I.t rtr_ai„( tintr.,ol.. C'ummission,ot'registered with the Oregon i.lealth Authority and a 'person designated to produce marituana by a registry identification l Yrdhold r "M"lr juana I ine means the sale_ofm ai rju Yn t items too,consumer,provided_that the t)i°rrrjuaana retailer is licensed by_:the Oregon f icpuor Control Commission for recreational marijuana sales or. ret istcred with the()re ct l l alth AuthorityTor medical tit,t Wr.ma sales, Page 1 of 2 -EXHIBIT A OF ORDINANCE NO.201 5-022 "Marijuana whole5 rl rra " means the- ureh tse of rnar ijuana.iterrati for resale to a 17etsot ether than_a consumer. prat hied that th tar;nijuranawholesalet is licensed by the(aregpit..,.1 rcirrcaa:..t.c�lattcal< ccraarra,iMtitc7+.:t.:. l'erscrttdesignated to pt'rrcltrce!.marijuana Iry a ideal atrcal.l.t ardholder a»canS,11er son designated 10 produce marijuana hk a rcgis try, identification cardholder under n Revised Statutes j r•Ore„ 475.304. who produces m ttiju na for t rcaistry.idcntif;ication cardholder at an address other than the <acidtcss where the registry.. identllic ttt o cArdholder rG,s de.c.,l..tt to adtlress where more than 12 mature marijuana arts arc..prtrciuced (Ord. 2015_022 §1., 2015 ;Ord. 2015-004 §1,2015; Ord. 201.4-009 §1, 201.4; Ord. 2013-008 §1, 2013; Ord. 2012-007 §1,2012; Ord. 2012-004 §1, 2012; Ord. 2011-009 §1,2011; Ord. 2010-022 §1,2010; Ord. 2010-018 3,2010,Ord.2008-007 §1,2008;Ord.2008-015 §1,2008; Ord.2007-005 §1,2007;Ord. 2007- 020 §1,2007; Ord.2007-019 §1, 2007;Ord. 2006-008 §1,2006; Ord. 2005-041 §1,2005; Ord. Chapter 18.04 35 ( 04/2015)2004-024 §1,2004; Ord. 2004-001 §1, 2004;Ord. 2003-028 §1, 2003; Ord. 2001-048 §1, 2001; Ord. 2001-044 §2, 2001;Ord. 2001-037 §1,2001; Ord. 2001-033 §2, 2001; Ord. 97-078 §5, 1997; Ord. 97-017 §1, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996;Ord. 96-003 §2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1, 1995;Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008 §§1,2, 3,4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1,2,and 3, 1994; Ord, 93-043 §§1, IA and 113, 1993;Ord.93-038 §l, 1993; Ord.93-005 §§1 and 2, 1993; Ord.93-002 §§1, 2 and 3, 1993; Ord.92-066 §1, 1992; Ord. 92-065 §§1 and 2, 1992; Ord. 92-034 §1, 1992; Ord.92-025 §1, 1992; Ord. 92-004 1 and 2, 1992; Ord. 91-038 §§3 and 4, 1991; Ord.91-020 §1, 1991;Ord.91-005 §1, 1991;Ord. 91-002 §l i, 1991; Ord.90-014 §2, 1990;Ord. 89-009 §2, 1989; Ord. 89-004 §1, 1989;Ord. 88-050 §3, 1988;Ord. 88-030 §3, 1988; Ord. 88-009 §1, 1988; Ord. 87-015 §1, 1987; Ord. 86-056 2, 1986; Ord. 86-054 §1, 1986; Ord. 86-032 §1, 1986; Ord. 86-018 §1, 1986; Ord. 85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-013 §1, 1982) Page 2 of 2 -EXHIBIT A OF ORDINANCE NO. 2015-022 18.16.020. Uses Permitted Outright. C'he following uses and their accessory uses are permitted outright: A. Farm use as defined in DCC Title 18. B. Propagation or harvesting of a forest.product. C. Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction for an exception under ORS 197.732(2)(a)or b . ' s h'11 not be a basis � a ( ) relating to such operation. shall P D. Accessory buildings customarily provided in conjunction with farm use. E. Climbing and passing lanes within the right of way existing as of July 1, 1987. F. Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right of way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result. G. Temporary public road and highway detours that will be abandoned and restored to original condition or use when no longer needed. H. Minor betterment of existing public road and highway-related facilities such as maintenance yards, weigh stations and rest areas, within a right of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public roads and highways. 1. Creation, restoration or enhancement of wetlands. J. A lawfully established dwelling may be altered,restored or replaced,subject to DCC 18.16.023. 1. The replacement dwelling is subject to OAR 660-033-0130(30) and the County shall require as a condition of approval of a single-family replacement dwelling that the landowner for the dwelling sign and record in the deed records for the county a document binding the landowner, and the landowner'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 no action or claim is allowed under ORS 30.936 to 30.937. K. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed on the National Register of Historic Places and on the County inventory as a historic property as defined in ORS 358,480,and subject to 18.16.020(J)(1)above. L. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. M. Utility facility service lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following: 1. A public right of way; 2. Land immediately adjacent to a public right of way, provided the written consent of all adjacent property owners has been obtained;or 3. The property to be served by the utility. N. The land application of reclaimed water,agricultural process or industrial process water or biosolids for agricultural,horticultural or silvicultural production,or for irrigation in connection with a use allowed in an exclusive farm use tone, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 46813.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246 to 215.251. O. Fire service facilities providing rural fire protection services. P. Operations for the exploration for and production of geothermal resources as defined by ORS 522,005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197,732(2)(a)or(b), Q. Outdoor mass gathering described in ORS 197.015(10)(d),and subject to DCC Chapter 8.16, Page 1 of 2 - EXHIBIT B OF ORDINANCE NO. 2015-022 R. Composting operations that are accepted farming practices in conjunction with and auxiliary to farm use he subject tract as allowed under OAR 660-033-0130(29). 1 on the m Jprocess1n,g on parcel!.;, 20 rt.res iid Sri ttc subject to the 1o+� ion,4)1'1)( (: 18.16 025(1)and S. h l r! 18.116.330. 1. uttnd production on 17d1c k 20 licic;and I.treatcr wulbje t to tt- p►ovisinns rrl 1)( 18.116.110_ (Ord. 2015-022 §2 2015 Ord. 2014-010 §1, 2014; Ord. 2012-007 §2, 2012; Ord. 2010-022 §2, 2010; Ord. 2009-014 §1,2009; Ord. 2008-001 §2,2008; Ord. 2004-001 §2, 2004; Ord. 2001-039 §1,2001; Ord. 2001-016 §2, 2001; Ord, 98-030 §1, 1998; Ord. 95-007 §10, 1995; Ord. 92-065 §3, 1992; Ord. 91-038 §§1 and 2, 1991; Ord. 91-024 §1, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §4, 1991; Ord. 91-002 §3, 1991; Ord. 86-007 §1, 1986; Ord. 81-025 §1, 1981; Ord. 81-001 §1, 1981) Page 2 of 2-EXHIBIT B OF ORDINANCE NO. 2015-022 "****"Denotes portions of this Section not amended by Ordinance 2015-022. 18.65.020. RSC—Commercial/Mixed Use District(Brothers,Hampton,Minivan,Whistlestop and Wildhunt). A, Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to applicable provisions of this chapter: 1. Single-family dwelling. 2. Manufactured home,subject to DCC 18.1 16.070. 3. Type 1 Home Occupation,subject to DCC 18.116.280. 4. Residential home and residential facility. 5. Two-family dwelling or duplex, 6. Agricultural uses, as defined in 'Title 18, and excluding livestock feed lot or sales yard, and hog or mink farms. 7. Class 1 and II road or street project subject to approval as part. of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 8. Class 111 road and street project. 9. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review,of this title: 1, Retail store, business office and/or commercial establishment in a building or buildings each not exceeding 4,000 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings may not exceed 4,000 square feet. 2. Residential use in conjunction with a permitted commercial use. 3. Park or playground. 4. Community building. 5. Public or semipublic building or use. 6. Highway maintenance facility. 7. Medicarl araa}ivju:anaa-disc ertst+ --stikrjee't..1.01)C E',...i 8.116:,20 -I+rte+.lr::a,1..Mairij ana l:)i.stae+}sari.:.. r% pan ole,aling;:..oltice only...with 00 slo wwc rt l arijuMan 11rtiw suher to DCC 1 8.116.3 30. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review,and DCC 18.128,Conditional Use, of this title: 1. Multi-family dwelling with three or more units. 2. Church. 3. School. 4. Cemetery. 5. Type 2 or Type 3 Home Occupation,subject to DCC 18.116.280. 6. Medical clinic or veterinary clinic. 7. Community Center. 8. Manufactured home park. 9. Recreational vehicle or trailer park. 10. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). It..-._Marijuana retaiiling_subject.to the provisions of DC C._I 8.1 16 33O D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. Page 1 of 2 - EX.HIBIT C OF ORDINANCE NO. 2015-022 2. The minimum side yard'setback shall he 10 feet. 3. The minimum rear yard setback shall be 20 feet. 4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm use shall be 50 feet. E. Lot Requirements. 1. Residential Uses: a. The minimum lot size for residential uses in Brothers, Hampton and Millican is 2.5 acres. b. Each lot shall have a minimum width of 200 feet. c. Each lot must be served by an on-site well. d. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. e. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five(25) percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping,parking,yard setbacks and any other elements under site plan review. 2. Commercial and Public Uses. a. The minimum lot size in Brothers, Hampton, Millican, Whistlestop and Wildhunt for a commercial use served by an on-site septic system and individual well shall be the size necessary to accommodate the use. b. In Alfalfa, the minimum lot size shall be the size necessary to accommodate the use, but not less than one acre. c. Each lot shall have a minimum width of 150 feet. d. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. (Ord.20)5-022 §8. 2015; Ord. 2015-004 §2,2015;Ord. 2004-002 §11,2004; Ord. 2002-028 §1,2002; Ord. 2002-002 §2,2002) Page 2 of 2 - EXHIBIT C OF ORDINANCE NO. 2015-022 18.66.040. Commercial(TeC) District. The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: I. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.1 16.230. 5. Class III road or street project. 6. Operation,maintenance,and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.1248: 1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Offices. d. Veterinary clinic and kennel entirely within an enclosed building. c. Residential use in the same building as a use permitted by DCC. I8.66.040(B)(1). f. Mid+cal-r a ijt,taria-dill jsar'y-subjecttea 1)C G44,4.1...14.r?tl- ,T1effien -"ar..jt i►rra C:tiSpertSirr. _. .. +r' y ' _ of �ir�tt�tlti ttt t it�,imti sulalr;c:t ti? the llr.��vi.i�>n�, pi 1 rrilu�an,) rrlrol� tl�t�t-.�...�,lliy�: only with 1t�, 5lair��'e � DCC 18.116,330. 2. Any of the uses us allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor area in a building or buildings,subject to provisions of DCC 18.66.040(E). C, Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660- 22-010(2). 2. Recreational vehicle park. 3. Church, 4. Type 2 or Type 3 Home Occupation,subject to DCC 18.1 16.280. 5. Public or private school. 6. Child care center. 7. Park. 8. Public or semi-public building. 9. Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 10. Utility facility. 11. Water supply or treatment facility. 12. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. 13. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial products: a. Manufacturing and production. b. Wholesale sales. c. Mini-storage. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). Page 1 of 5 -EXHIBI"1'D OF ORDINANCE NO.2015-022 15. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds,reservoirs,and the off-site use, storage,and sale of excavated material. 16. processing subject to the provisions of DCC 18.116,330. 17. Marijuana retailing subject to thc.provisions of l)C'( 18.1 16 Z30i. D Use Limitations.The following use limitations shall apply to the uses listed in DCC 18.66.040(B)and(C). I. Sewer and Water Requirements. Applicant must obtain approval for an on-site sewage disposal system, or if applicable,obtain a Department of Environmental Quality(DEQ) Waste Water Pollution Control Facility (WPCF)permit before approval or as condition of approval of the land use permit. 2. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.040(B) and 18.66.040(C)(9) may have a total building floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area; h. The use will primarily employ a work force from the community and surrounding rural area;and c. It is not practical to locate the use in a building or buildings with floor area of 4,000 square feet or less. 2. For purposes of DCC 18,66.040, the surrounding rural area includes the area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code,west to the boundary of the Sisters zip code,east into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TcC District except those containing uses listed in DCC 18.66.040(C)(13). The provisions of DCC 18.124 also apply. 1. The window area shall equal at least 50 percent of the length and 25 percent of the height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. Minimum size requirements for this district will be determined by spatial requirements for on-site sewage disposal, required landscaped areas and off-street parking. No lot or parcel shall be created of' less than a minimum of 10,000 square feet. H, Dimensional Standards. Lot Coverage. No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(l))(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2, Side Yard. No requirement,subject to DCC I8.66.040(I)(4). 3. Rear Yard. No specific requirements,subject to DCC 18.66.040(I)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential district. Any new structure requiring a building permit sited on a lot adjacent to a residential district shall be set back a minimum of 15 feet from the common property line. The required yard shall be increased by one foot for each foot by which the building height exceeds 20 feet. Page 2 of 5 - EXHIBIT D OF ORDINANCE NO. 2015-022 b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. i (Ord. 201.5-022 §9. 2015; Ord. 2015-004 §3, 2015; Ord. 2004-002 §15, 2004; Ord. 97-063 §3, 1997; Ord. 97-003 §2, 1997) 18.66.050. Commercial-.Rural (TeCR) District. The ferrebonne Commercial-Rural District allows a mix of commercial and industrial uses common to a farming community, A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: I. Single-family dwelling on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997,subject to DCC 18.1 16.070. 3. Type I Home Occupation,subject to DCC 18.1 16,280. 4. Class I and iI road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18,116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18,66, 18.116 and 18.124: 1. A building or buildings not exceeding 4,000 square feet of floor space to be occupied by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Office. d. Residential use in the same building as a use listed in DCC 18,66.050. e. Medical marijuana dispenses'subject to DCC., 18.116.320, Medical Marijuana Dispensary. Marijuana ltiholuti lling,_olh . only r mitlr no storitge 0! marijuana utemssuliject to 1h3 proyisi()ns or DCC 18.1 16.330. 2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000 square feet of floor area in a building or buildings,subject to provisions of DCC 18.66.050(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Church, 2. Type 2 or Type 3 Home Occupation,subject.to DCC 18.116.280. 3, Park. 4. Public or semi-public building. 5. Utility facility. 6. Water supply or treatment facility. 7. Vehicle and trailer sales,service, repair and rental in a building or buildings not exceeding 4,000 square feet of floor area. 8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be occupied by any combination of the following uses: a. Manufacturing or production. b. Wholesale sales. c. Mini-storage. d. Truck terminal. e. Farm or contractor equipment storage,sales,service or repair. f. Uses that require proximity to rural resources,as defined in OAR 660-04-022-(3)(a). Page 3 of 5 -EXHIBIT D OF ORDINANCE NO. 2015-022 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs,and the off-site use, storage,and sale of excavated material. 11. Marijuanui.rucessing subject to tlte.,jr;ovisions of DCC 18.1 16.330. 12. Marijuana retailing,subject to the,provisions of DCC. 18.1 16.330. D. Use Limitations.The following use limitations shall apply to the uses listed in DCC 18.66.050(B)and(C). 1. Sewer and Water Requirements. a. Applicant must obtain approval for an on-site sewage disposal system, or if applicable, obtain a Department of Environmental Quality (DEQ) Waste Water Pollution Control Facility (WPCF) permit before approval or as condition of approval of the land use permit. b. The County shall notify the Terrebonne Domestic Water District of land use actions made under DCC 18.66. 2. Compatibility. a. Any use on a lot adjacent to a residential district shall not emit odor, dust, fumes, glare, flashing lights, noise, or similar disturbances perceptible without instruments more than 200 feet in the direction of the affected residential lot. b. Any use expected to generate more than 50 truck-trailer, contractors and/or farm heavy equipment trips per day to and from the subject property shall not locate on a lot or parcel adjacent to or across a local or collector road from a lot or parcel in a residential district. c. No use shall be permitted that has been declared a nuisance by state statute, County ordinance or a court of competent jurisdiction. d. No use requiring an air containment discharge permit shall be approved by the Planning Director or I Icarings Body before review by the applicable state or federal permit-reviewing authority. Such uses shall not be located adjacent to or across a local or collector road from a lot or parcel in a residential district. 3. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.66 shall be accommodated entirely on the premises. c. Site design shall not require backing of traffic onto a public or private road right-of-way. 4. Additional Requirements. As a condition of approval of any use proposed, the Planning Director or Hearings Body may require: a. An increased setback requirement. b. Additional off-street parking and loading facilities. c. Limitations on signs, lighting,hours of operation and points of ingress and egress, d. Additional landscaped buffering and screening improvements. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.66.050(B) may be allowed to occupy a total floor area exceeding 4,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; h. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of floor area. 2. 'ibis provision does not apply to uses listed in DCC 18.66.050(C)(8). 3. For purposes of DCC 18.66.050(E),the surrounding rural area described by the Terrebonne zip code, which extends south to the boundary of the Redmond zip code, west to the boundary of the Sisters zip code, east Page 4 of 5 -EXHIBIT D OF ORDINANCE NO. 2015-022 into Crook County to the boundary of the Prineville zip code and north into Jefferson County to include Crooked River Ranch. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to all new commercial buildings in the TeCR District except those containing uses listed in DCC I8.66.050(C)(8). The provisions of DCC 18.124 also apply. 1. The window area shall be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade.The window requirement applies to the ground level of exterior building walls that abut sidewalks or roads. 2. Required window areas shall be windows that allow views into either working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal,required landscaped areas and off-street parking. H. Dimensional Standards. I. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.66.050(C)(8)that is located adjacent to or across a local or collector road from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage or off- street parking and loading areas. I. Yard Standards, 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3)(b). The street setback for buildings may be reduced, but not increased,to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement,subject to DCC 18.66.050(1x4). 3. Rear Yard. No specific requirement, subject to DCC 18.66.050(1)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU- zoned land that is receiving special assessment for farm use, shall be set back a minimum of 100 feet from the common property line. I (Ord. 2015-022 §9, 2015: Ord. 2015-004 §4, 2015; Ord. 2004-002 §16,2004; Ord. 2001-039 §7, 2001; Ord. 2001- 016§2,2001;Ord.97-003 §2, 1997) Page 5 of 5 - EXHIl31'I'D OF ORDINANCE NO. 2015-022 "****"Denotes portions of this Section not amended by Ordinance 2015-022. 18.67.040. Commercial(TuC) District. The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or duplex. 2. Manufactured home subject to DCC 18.116.070. 3. Type 1 Home Occupation,subject to DCC 18.116.280. 4. Class I and I1 road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5, Class HI road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted,Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124; 1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices, d. Residential use in the same building as a use permitted in DCC 18.67.040. e. Melia.,al...rs.wijiia t.;...lisf t sa y-subtee-t tc 4X C.-1-8.1 f6 320. k1*tlk al..Mar-ijttatfti+-D-ispeusary Marijuana wholesaliiii4. office only re ithno s1oi ie. of mariUL na it1.111'. sullied to tlrc pIO i,ion' of DCC 18.1161.330. 2. Any of the uses listed under DCC. 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124,and 18.128: 1. Church. 2. Bed and breakfast inn. 3. Child care center. 4, Type 2 or'I'ype 3 Home Occupation,subject to DCC 18.116.280, 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL,15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales,service or repair. b. Trailer sales,service or repair. c. Vehicle service or repair. d. Veterinary clinic. 11. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: Page 1 of 5 - EXHIBIT E OF ORDINANCE NO. 2015-022 a. Manufacturing or production. b. Wholesale sales. c. N arijuanasproc.sing subject to the zovisions of.DCC I 8_I 16.330. d. Marijuana retailing,sublect to the provisions of DCC 18.1 16.330. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds,reservoirs,and the off-site use, storage,and sale of excavated material. D. Use Limitations, The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11), 1. Compatibility. a. Any use expected to generate more than 50 truck-trailer and/or heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2, Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification,capacity and level of service of the affected transportation facility. h, All parking demand generated by uses permitted by DCC 18.67 shall he accommodated entirely on the premises. E. Requirements for Large Scale Uses. I. All uses listed in DCC 18.67.040(B)may have a total floor area exceeding 4,000 square feet but not greater than 10,000 square feet if the Planning Director or Hearings Body finds: a, The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in DCC 18.67.040(C)(10). 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: extending north to the 'township boundary between 'Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-R1 1L; extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S-R11E sections 1,2,3; and extending east to Highway 97. F, Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10)and any residential use. The provisions of DCC 18.124 also apply. 1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall he determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. Page 2 of 5 - EXHIBIT E OF ORDINANCE NO. 2015-022 2. No use listed in DCC 18.67.040(C)(10)that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage,or off-street parking and loading areas. 1. Yard Standards. 1. Front Yard. The front yard shall he a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(D)(3). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement,subject to DCC 18.67.040(1)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.67.040(1)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will he increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2015-022 §10.2015 Ord. 2015-004 §5, 2015; Ord. 2004-013 §7, 2004; Ord. 2004-002 §19, 2004; Ord. 2001-039 §8, 2001; Ord. 2001-016 §2, 2001;Ord, 2000-033 §11, 2000; Ord. 97-063 §3, 1997; Ord. 97-033 §2, 1997) **** 18.67.060. industrial (Tul)District. The purpose of the industrial District is to allow a limited range of industrial uses to serve the community and the surrounding area. A. Uses permitted outright. The following uses and their accessory uses are permitted outright: 1. Industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022(October 28, 1994); 2. Office buildings associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28, 1994); 3. Restaurants and cafeteria facilities associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28, 1994); 4. Residence for caretaker or night watchman on property with industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28, 1994); 5. Equipment storage associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule,OAR 660-022(October 28, 1994); 6, Class I and Ii road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC, 18.67.080 and 18.116.230. 7. Class 111 road or street project. 8. Operation, maintenance, and piping of existing irrigation systems operated by-an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted in a building or buildings not to exceed 40,000 square feet of floor area, subject to the applicable provisions of DCC 18.67, 18.116,and 18.124. 1. Expansion or replacement of uses allowed under DCC 18.67,060(A); 2. Office buildings associated with industrial uses; 3. Restaurant and cafeteria facilities associated with industrial uses; 4. Residence for caretaker or night watchman on property with industrial uses; Page 3 of 5 - EXHIBIT E OF ORDINANCE NO. 2015-022 5 Equipment storage associated with industrial uses; 6. Primary processing, packaging,treatment,bulk storage and distribution of the following products: a. Agricultural products, including foodstuffs,animal and fish products,and animal feeds. b. Ornamental horticultural products and nurseries. c. Softwood and hardwood products excluding pulp and paper manufacturing. d. Sand, gravel,clay and other mineral products. 7. Freight depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck; 8. Contractor's or building materials business and other construction-related business including plumbing,electrical,roof,siding,etc.; 9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by site-obscuring fencing. 10, Mini-storage facility. 11. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities; 12. Any industrial use proposing to occupy more than 40,000 square feet of floor area in a building or buildings is subject to the provisions of DCC 18.67.060(C)and(1)). 13. duletlieal-mia rjlianat dispensary subject D {:—I 8 1 lti 20 wleidieuPilafiluana Disperos aiy M uiluna proce s of cannabirtrn.i concentrates and c rnnabinoid.....pt3Jdu is unit .i1rr Ioldlr)g pto'cessing of c4.lnn ibinoid extt tots subject to,the provisions of IDCC 18,116.3.30. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: I. Any use permitted by DCC 18.67.060(B)which will exceed 40,000 square feet of floor area; 2. Concrete or ready mix plant; 3. Stockpiling, storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete; 4. Buildings, structures, apparatus, equipment and appurtenances necessary for the above uses to he carried on. 5, Marijuana processing subject to the provisions of DCC 18,11.6 330,, 6._ Marijuaina retailing subject tothe_provisions of DCC 18 l 16330. D. Use limitations. The following limitations and standards shall apply to all permitted uses: 1. A new industrial use may occupy more than 40,000 square feet of floor area in a building or buildings provided an analysis set forth in the comprehensive plan demonstrates and land use regulations ensure: a. The use will primarily employ a work force from the community and surrounding rural area and will not rely upon a work force served by uses within urban growth boundaries. The determination of the work force of the community shall consider the total industrial employment in the community and surrounding rural area and be coordinated with employment projections for nearby urban growth boundaries;and b. it is not practical to contain the proposed use within 40,000 square feet of the floor area. 2. For the purposes of DCC 18.67.060, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-R1 IE; extending south to the south section lines of Tl7S-R12F sections 4,5,6 and T17S-Rl lE sections 1,2,3; and extending east to Highway 97. E. Dimensional standards. In the Industrial Zone,the following dimensional standards shall apply: 1. The minimum lot size shall be determined subject to the provisions of DCC 18.67.060 relative to setback requirements, off-street parking and loading, and as deemed necessary by the Planning Page 4 of 5 -EXHIBIT E OF ORDINANCE NO. 2015-022 Director or Hearings Body,to maintain air,water and land resource quality and to protect adjoining and area land uses. 2. The minimum building setback between a structure and a street, road or railroad right-of-way line shall be 25 feet unless a greater setback is required for compliance with Comprehensive Plan policies. 3. The minimum setback between a structure and a property line adjoining a residential lot or use in a platted subdivision or residential zone shall be 50 feet. 4. The minimum setback between a structure and an existing use shall he three feet from the property line and six feet from a structure on the adjoining property. 5. The maximum building height shall be 45 feet on any lot adjacent to a residential use or lot in a platted subdivision or residential zone. 6. The minimum lot frontage shall be 50 feet. 7. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. F. Industrial Site design. The site design of any permitted use shall make the most effective use reasonably possible of the site topography, existing landscaping and building placement so as to preserve existing trees and natural features, preserve vistas and other views from public ways and neighboring residential uses and to minimize intrusion into the character of existing developments in the immediate vicinity of the proposed use. 0. Design and use criteria. In the consideration of an application for a new industrial use, the Planning Director or Hearings Body shall take into account the impact of the proposed use on nearby residential and commercial uses, on resource carrying capacities and on the capacity of transportation and other public facilities and services. In approving a proposed use, the Planning Director or I learings Body shall find that: 1. The new use is in compliance with the Comprehensive Plan. 2. The new use is in compliance with the intent and provisions of DCC Title 18. 3. That any adverse social,economical,physical or environmental impacts are minimized. H. Additional requirements. As a condition of approval, the Planning Director or Hearings Body may require: 1. An increase in required setbacks. 2. Additional off-street parking and loading facilities. 3. Limitations on signs or lighting,hours of operation,and points of ingress and egress. 4. Additional landscaping, screening and other improvements. 5. Any other conditions considered necessary to achieve compliance with the intent and purposes of DCC Title 18 and policies of the Comprehensive Plan. I. For purposes of this chapter, a new industrial use does not include industrial uses in existence on the date of Ord.2005-16. Unless expanded or altered, industrial uses in existence on the date of adoption of the TUI District are not subject to the requirements of 18.67.060(B)or 18.67.060(C). (Ord 201 022 §10, 20 15 ,Ord.2015-004 §6,2015;Ord.2005-016 §2,2005 Page 5 of 5 -EXHIBIT E OF ORDINANCE NO. 2015-022 18.74.020. Uses Permitted—Deschutes Junction and Deschutes River Woods Store. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18,116 and 18.128: 1, A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses. a. Restaurant,cafe or delicatessen. b. Grocery store. c. Tavern. d. Retail sporting goods and guide services. e. Barber and beauty shop. f. General store. g. Video store. h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed building. h.. -Me►ic41—►r.ra,fijuanaa-ditit>ettsar -sohjeet4o- .1-fir:-1 l6 ;-2t),. led-ie;+h lr I ivar►a 1",ispeasur ' 2. Expansion of a nonconforming use listed under section B(I)(a h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date,whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Retail sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel. d. Veterinary clinic. e. Automobile service station and repair garage,towing service,fuel storage and sales. f. Public or semi-public use. g. Residential use in the same building as a use permitted by this chapter. h. Park or playground. 4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the building as of said date,whichever is greater. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.1 16, 18.124 and 18.128: 1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Type 2 or Type�e 3 Home Occupation,subject to DCC 18.11 6.280, b. Utility facility. c. Wireless telecommunications facilities,except those facilities meeting the requirements of DCC 18.116.250(A)or(B). d. Child care center. e. Church. f. School. 2. Recreational vehicle park 3. Mini-storage facilities limited to 35,000 square feet in size. t NIrtr13ugni rct,lilinu subject tothy pro isions of DCC (C)rd 2015-022 §1 1 201.? -._Ord. 2015-004 §7, 2015; Ord. 2008-008 §1, 2008; Ord. 2004-002 §20, 2004; Ord.2002-019 §2,2002) 18.74.025. Uses Permitted—Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: Page 1 of 4—EXHIBIT F OF ORDINANCE NO. 2015-022 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. c. Hardware store. f. Convenience store with gas pumps. g. Fast food restaurant,cafe,or coffee shop. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. I. Beauty shop. m. Video store. o. Post office. p. Party supply. q. Equipment sales and rental. r. Appliance store. s. Bank. t. Exterminator. u. Private mailing and packaging store. v. Bakery. w.---Mediaa►l-mar.ijoi ma-Ii spe►sar-y'.st►dtjta4.t 0--13t ('...1-814 I6,320 Metl-i l I,In ij-na►t►s-Dispe►Ntrv: 2. Expansion of a nonconforming use listed in section A(1)(a-v), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date,whichever is greater. 3, A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a .Pct and livestock supply. h. Farm machinery sales and repair. 4. Expansion of a nonconforming use listed in section A(3)(a-b), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 3,500 square feel:of floor space or 25 percent of the size of the building as of said date,whichever is greater. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 1.8.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. h. Welding shop. c. Mini-storage units d. Marijuana ILl filing subject to the provisions o1'DCC. 18.116.330. 2, Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11/05/02, the date this chapter was adopted,shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date,whichever is greater. C. Definitions.For the purposes of DCC 18. 74.120,the following definitions shall apply: 1. Landscaping business/service: Includes designing landscapes, site grading and preparation, placing boulders, planting trees and shrubbery, installing sod, installing irrigation systems and equipment, installing fencing, and landscape maintenance, but does not include on-site cultivation of plants or plant materials or any on-site retail sales. Page 2 of 4—EXHIBIT F OF ORDINANCE NO. 2015-022 2. Health care service: A business providing the diagnosis,. treatment and care of physical and/or mental disease, injury and/or disability, but not including a hospital facility or a nursing home as defined in nu: 18.04. 3. Beauty Shop: A full service beauty salon which would include haircuts, permanents,washes,nails, etc.,and the retail sales of incidental beauty supplies typical of any beauty salon. 4. Mini-storage units: Self service mini-storage units of various sizes from 5' x 10' up to 12' x 24'. 5. Video store: The sale and rental of videotapes,compact disc movies and audio books. 6. Laundry and dry cleaners: Dry cleaners, shirt laundry and laundromat with self-service washers and dryers along with the sale of detergents,bleaches,etc. 7. Post office: United States Postal Service office including mail pick-up and distribution. 8. Party supply: The sale and rental of party supplies such as balloons, streamers, costumes, dishes, linens and silverware. 9. Equipment sales and rental: The rental of construction, home repair and maintenance equipment such as ladders, mowers, saws,gardening supplies,etc.,and the sales of related equipment. 10. Appliance store: The sale and service of household appliances such as televisions, ranges, refrigerators,etc. 11. Bank: Full service consumer bank for checking, savings, loans, safety deposit boxes,etc. 12. Exterminator: Exterminator of insects and other pests such as rodents, spiders, etc. 13. Private mailing and packaging store: Private mail boxes and packaging services, which would include the holding and distribution of mail, packing, mailing supplies, FEDEX and UPS pick-up, and FAX and copy machine availability. 14. Bakery: The manufacture and sale of bread,donuts and'pastries. 15. Pet and livestock supplies: The sale of pet supplies such as dog and cat food, collars, grooming needs,shelters and some large animal supplies such as hay,feeds and grains. I (Ord. 2015-022 §11,2015;Ord. 2015-004 §7,2015;Ord. 2008-008 §1,2008;Ord. 2006-008 §7, 2006;Ord. 2002-019 §2,2002;Ord.97-015 §1, 1997;Ord.96-046 §1, 1996;Ord.96-023 §1, 1996) Section 18.74.027. Uses Permitted—Pine Forest and Rosland. A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A). B. Uses Permitted subject to Site Plan Review, The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter arid DCC 18.116 and 18.124: 1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any combination of the following uses that serve the surrounding rural area or the travel needs of persons passing through the area: a. Eating and drinking establishments. b. Retail store,office and service establishments. c. • . - • • . ' .. ted-ieal Marijuana Dispensary. Marijuana wholesaling. office only with no storage ofmarijuanaproducts. subject to the provisions of DCC 18,1 16.330. 2. Expansion of a nonconforming use existing as of 11/05/2002 shall he limited to 2,500 square feet or 25 percent of the size of the building(or portion of the building)housing the nonconforming use as of said date,whichever is greater. 3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any combination oldie following uses: a. Sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel or veterinary clinic. d. Automobile service station, repair garage,towing service,fuel storage and fuel sales. e. Public or semi-public use. f. Residential use in the same building as a use permitted in this chapter. Page 3 of 4—EXHIBIT F OF ORDINANCE NO. 2015-022 g. Park or playground. 4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500 square feet each or 25 percent of the size of the building(or portion of the building)housing the nonconforming use as of said date,whichever is greater. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the following uses: a. Home occupation as defined in DCC. 18.04. b. Utility facility. c. Wireless telecommunications facilities,except those facilities meeting the requirements of DCC: 18.116.250(A)or(B). d. Child care center. e. Church. f. School. i2„ Mu riju urn rev ii to the provisions of I X. 18,116,330, 2. Recreational vehicle park. 3. Mini-storage facilities limited to 35,000 square feet in size. (Ord. 2015-022 §1 I, 2015; Ord.201 5-004 §7,2015,Ord.2008-008 §1,2008; Ord.2007-007 §1,2007;Ord. 2003-080, §1,2003) Page 4 of 4—EXHIBIT F OF ORDINANCE NO. 2015-022 18.100.010. Uses Permitted Outright. in an R-1 Zone,the following uses and their accessory uses are permitted outright except as limited by DCC 18.100.040, and unless located within 600 feet from a residential dwelling,a lot within a platted subdivision or a residential zone, A. Farming or forest use. 13. Primary processing,packaging,treatment,bulk storage and distribution of the following products: 1. Agricultural products, including foodstuffs,animal and fish products,and animal feeds. 2. Ornamental horticultural products and nurseries. 3. Softwood and hardwood products excluding pulp and paper manufacturing. 4. Sand,gravel,clay and other mineral products. C. Residence for caretaker or night watchman on property. D. Freight Depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck. E. Contractor's or building materials business and other construction-related business including plumbing, electrical, roof, siding, etc.,provided such use is wholly enclosed within a building or no outside storage is permitted unless enclosed by sight-obscuring fencing. F. lee or cold storage plant. G. Wholesale distribution outlet including warehousing, but excluding open outside storage. H. Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by sight-obscuring fencing. I. Kennel or a Veterinary clinic. .1. Lumber manufacturing and wood processing except pulp and paper manufacturing. K. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. L. Class III road or street project. M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. N. Iv'ledic rl rr7tariturrrrrrdispen*: r sut e 4 -12.X.C. 18.1..16.320,...Nledival Macifu:r+ra-Dislaerrwary,. 1 1 aljwina processing of.einmibinoid concentr rtes and c mu rhino d products M.A: including_processing of c.annabufoid extracts subject to the._provisions of DCC ....... 3 0, (Ord. 2015-02;2 §12, 2015:. Ord. 2015-004 §8, 2015; Ord. 2002-126, §1, 2002; Ord. 2001-039 §12, 2001; Ord. 2001-016 §2,2001;Ord. 93-043 §16, 1993; Ord.91-038 §1, 1 991) 18.100.020. Conditional Uses. The following uses may be allowed subject to DCC 18.128: A. Any use permitted by DCC 18.100.010, which is located within 600 feet of a residential dwelling, a lot within a platted subdivision or a residential zone. B. Any use permitted by DCC 18.100.010,which involves open storage. C. Concrete or ready-mix plant. D. Petroleum products storage and distribution. E. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete. F. Commercial feedlot,stockyard,sales yard,slaughterhouse and rendering plant. G. Railroad trackage and related facilities. H. Pulp and paper manufacturing. I. Any use permitted by DCC 18.100.020010,which is expected to exceed the following standards: 1. Lot coverage in excess of 70 percent. 2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible without instruments 500 feet from the property line of the subject use. Page 1 of 2 -EXHIBIT G OF ORDINANCE NO. 2015-022 J. Manufacture, repair or storage of articles manufactured from bone,cellophane,cloth,cork,feathers,felt, fiber, glass, stone, paper, plastic, precious or semiprecious stones or metal, wax, wire, wood, rubber, yarn or similar materials, provided such uses do not create a disturbance because of odor, noise, dust, smoke, gas,traffic or other factors. K. Processing, packaging and storage of food and beverages including those requiring distillation and fermentation. L. Public Landfill Transfer Station, including recycling and other related activities. M. Mini-storage facility. N. Automotive wrecking yard totally enclosed by a sight-obscuring fence. 0. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A)or(13). P. Utility facility. Q. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities. R. Electrical substations, S..... Marijuana retailing subject to the prow isions of DCC 18.1 I 6 3 i0.. T. Marijuana.processing of cannabinpid extracts subject to the ploy isions of DCC 18.1 163 30 (Or d1 2015-0022 r§c12.201 y��O rd. 2004-013, §10,12004; Ord. 2:016 121. ( �! 1 ry I p 2002-126, §1,2002; Ord.2001-039 §12, 2001; Ord. 2001-016 §2, 2001; Ord. 97-063 §3, 1997; Ord. 91-038 §1, 1991; Ord. 91-020 §1, 1991; Ord. 90-014 §38, 1990;Ord. 86-018 §15, 1986) Page 2 of 2-EXHIBIT G OF ORDINANCE NO. 2015-022 18.1.08.050. Commercial-C District. A, Uses Permitted Outright. Any combination of the following uses and their accessory uses are permitted outright in the C district. 1. Recreational path. 2. Ambulance service, 3. Library. 4. Church. 5. Bus stop. 6. Community center. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of': a. Retail/rental store,office and service establishment. b. Art galleries c. Dry cleaner and/or self-service laundry establishment. d. Radio and television sales and service. e. Radio and television broadcasting studios and facilities,except.towers. f. Restaurant, bar and cocktail lounge,including entertainment. g. Automobile service station. h. Technical and business school, i, Catering establishment. j. Crafts in conjunction with retail sales (occurring on premises, such as stained glass/pottery, etc.). k. Medical and dental clinic,office and laboratory. I, Theater not exceeding 4,000 square feet of floor area. ifir Melit,rl-ril r jc aft --drwt eRStrf,,• ltbje.t 1.0 D ( 1-14.144 .4ed-ka4 Mai i;iurarrrr_Dispen afy. n. Marijuana wholesaling,office only with no storage of arrarl luima items, subject to the provisions.. of DCC 18.1 16.330. 8. Multiple-family residential dwelling units,subject to the provisions of DCC 18.108.050(C)(1), 9. Residential dwelling units constructed in the same building as a commercial use, subject to the provisions of DCC 18.108.050(C)(2). 10. Post Office. 11. Administrative and office facility associated with a community association or community use. 12. Police facility. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit. 1. Public buildings and public utility buildings and structures. 2. Club, lodge or fraternal organization. 3. Commercial off-street parking lot. 4. Bus passenger station. 5. Interval ownership and/or time-share unit or the creation thereof. 6. Miniature golf, 7. Bed and breakfast inn. 8, inn. 9. Residential facility. 10. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley, b. Car wash. c. Dancing or music school,nursery school,kindergarten and day-care facility. d. Theater exceeding 4,000 square feet in floor area. Page 1 of 10 EXHIBIT H OF ORDINANCE NO. 2015-022 e. Veterinary clinic or kennel operated entirely within an enclosed building. f. Automotive repair and maintenance garage, or tire store, provided the business is wholly conducted within an enclosed building. g. Marijuana retailing subject to the provisions of DCC 18.1 Ifi_330. C. Use Limits. 1, Multiple-family residential dwelling units, allowed on the nine acres vacant as of December 31, 1997 in the C District, shall be subject to the provisions of DCC 18.108.040(C) and (D), and the following requirements: a. No dwelling unit shall have more than three bedrooms. b. Individual dwelling units shall not exceed 2,250 square feet of habitable floor area. c. One off-street parking space shall be provided for each bedroom within each dwelling unit, with a maximum of two spaces allowed per dwelling unit. 2. Residential dwelling units constructed in the same building as a commercial use developed in the C district shall be subject to the following requirements: a. Residential dwelling units shall be developed above first floor commercial use. b. No dwelling unit shall have more than two bedrooms. c. Individual dwelling units shall not exceed 850 square feet of floor area. d. One off-street parking space shall be provided for each bedroom within each dwelling unit. 3. Uses permitted either outright or conditionally in the C District shall not involve the transport of chemicals which would present a significant hazard. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.050(A)(7) or DCC 18.108.050(B)(10) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the community and surrounding rural area,or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.050(D), the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area;and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. 1.ot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. 4. Front Yard. The front yards shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yards shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. T 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then > p J 6 the rear yard shall he a minimum of 10 feet. The required rear yard shall he increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. I (Ord. 2015-0022 §13, 2015; Ord.2015-004 §9, 2015; Ord. 2003-026 §1,2003; Ord. 98-016 §1, 1998; Ord. 97-078 §2, 1997) 18.108.055.Town Center—'I'C District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the IC District. Page 2 of 10—F,XH1131.'1'H OF ORDINANCE NO. 2015-022 1. Park or plaza. 2. Library. 3. Community center. 4. Visitors center. 5. A building, or buildings each not exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including any of the following uses: a. Retail/rental store,office,civic and service establishment. b. Grocery store. c. Art gallery. d. Restaurant,bakery,delicatessen, pub,cocktail lounge,including entertainment. e. Health care service including medical and dental clinic, office, pharmacy, and laboratory but excluding nursing homes. f. Health&fitness facility. g. Barber, beauty shop or spa. h. Child care center,preschool and daycare facility. i. Bank. j. Post office. k. Veterinary clinic(without animal boarding facilities). 1. Crafts in conjunction with retail sales (occurring on premises such as sculpture, stained glass, pottery,etc.). m. Meeting room,convention and banquet facility. n. Property sales,mortgage,management or rental office. o. Movie theater. t� M,.,,: l • ;a-nn-d+spe+msary subject to DCC 18.1 16.324 , Medical 6, Multi-family Residential, subject to paragraphs(1 )(1)and(2). 7. Developed recreational facilities, outdoors or in a building or buildings each not exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including,but not limited to the following facilities: a. Indoor and outdoor swimming pools. b. Ice skating rink. c. Indoor and outdoor tennis courts. d. Indoor and outdoor basketball court or other ball field. e. Physical fitness facilities. f. Park,playground and picnic and barbeque area. g. Walkways,bike paths,jogging paths. h. Bowling alley. i. Arcade. 8. Hotel with up to 100 hotel units in a single building. 9. Mixed Use Structure, subject to the rules of DCC 18.108.055(E)(3)and a limit of 8,000 square feet of floor space for commercial uses listed in DCC 18.108.055(A)(5) or recreational uses listed in DCC 18.108.055(A)(7), unless said uses are approved as large scale uses pursuant to DCC 18.108.055(C). 10, Residential Facility. 11. Senior housing/assisted living or active adult development,excluding nursing homes. 12. Townhomcs,subject to paragraphs(E)(I)and(2). 13. Accessory uses to uses permitted outright, including, but not limited to, parking facilities, private roads,storage facilities,trash receptacles and recycling areas. 14. Similar uses to those allowed outright, provided they are approved by the County in the decision approving the Conceptual Site Plan described in DCC 18.108.055(K). B. Conditional Uses Permitted. The following conditional uses may be permitted pursuant to the provisions of DCC 18.128,Conditional Use Permits. Page 3 of 10--EXHIBIT"'II OF ORDINANCE NO. 2015-022 1. Public buildings and public utility buildings and structures. 2. Bed and breakfast inn. 3. Ambulance service. 4. Fire station. 5. Police station. 6. Bus passenger station. 7. Live/work residence. 8. Stand-alone parking structure. 9. Accessory uses to the above-listed conditional uses. I 0. Marijuana retailing subject to the provisions of DCC..._1..8.......33.0. C. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.055(A)(5)or(A)(7) may be allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the Sunriver community and surrounding rural area. The surrounding rural area is the area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community;and/or 2. The use will meet the needs of the people passing through the area. D. Form of Ownership/List of Uses. 1. Any lawful form of ownership is allowed in the'1'C District. 2. The listing of uses permitted in the TC District is not intended to prohibit other uses allowed elsewhere in Sunriver, 3. When a general use listed in the TC District includes a use or type of ownership that is more specifically described in another zone in Sunriver, the specific listing elsewhere does not prohibit that use from being conducted in the TC District. F. Use Limits. 1. Commercial uses, except for Type 1 home occupations as defined in DCC 18.116,280, are not allowed in Multi-family Residential buildings or Townhomes. 2. Notwithstanding subsection (E)(1), above, the following uses are allowed in Multi-family Residential buildings or Townhomes: a. Live/work residences. b. Lock-off areas. e. Accessory uses to the residential use of the building,such as parking and storage areas. 3. In a Mixed Use Structure, any ground floor unit that has primary frontage along a public plaza approved as part of a Conceptual Site Plan shall be used only for commercial, recreational or community/governmental uses,but not for hotel units. 4 A live/work residence is subject to the following conditions. a. One or more walls of the residence adjoin another residential or commercial building. b. The first floor above the garage is the ground floor,where a parking garage is provided below a residence, below the average finished grade and is completely obscured from view on at least one side of the building. c. The commercial area of the live/work residence may not exceed fifty percent (50%) of the square footage of the entire unit,excluding the garage. d. The commercial area shall not exceed 8,000 square feet in combination with other commercial uses in the same building unless the building has been approved as a part of a Large Scale Use pursuant to DCC 18.108.055(C). F. Building Height Regulations. 1. Except as provided in subsection (2), below, no Mixed Use Structure shall be erected, enlarged or structurally altered to exceed 60 feet in height. 2. One Mixed Use Structure shall be permitted with a maximum height not to exceed 75 feet in height, so long as the building footprint of that portion of said building that exceeds 60 feet in height is not greater than 40,000 square feet of the footprint. Page 4 of 10—EXHIBIT I l OF ORDINANCE NO. 2015-022 3. Townhomes may not exceed 40 feet in height. 4, Multi-family Residential buildings that are not Mixed Use Structures may not exceed 50 feet in height. 5. The height of all other buildings for uses other than those described in subsections(F)(1)-(4),above, may not exceed 45 feet in height. 6. Where a parking garage is provided beneath buildings or structures described in subsection (F)(1) and (2),above,the height of the building shall be measured from the highest point of the roof to one of the following points: a, A point equal to the elevation of the highest adjoining sidewalk or ground surface within a five foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above the lowest elevation adjacent to the building;or b, A point equal to the elevation that is 10 feet higher than the lowest grade from the sidewalk or ground surface described in subsection (a), above, when the sidewalk or ground surface described in subsection(a) is more than 10 feet above lowest grade adjacent to the building. 7. Projections and architectural elements such as chimneys, spires, clock towers, skylights, atriums, flag poles, mechanical equipment and screens and other similar items that do not add habitable interior floor area may be allowed to exceed the height limit by a maximum of 10 feet. K. Buildings that comply with the height limitations of this subsection also comply with the view protection requirement imposed by DCC 18.124.060(A). G. Lot Requirements. The following lot requirements shall he observed. 1. Front yard: the front yard shall be a minimum of 10 feet. a. Where a lot has more than one front yard,only one front yard must meet the 10 feet minimum. b. Below-grade parking structures that are built under private streets do not need to meet front yard setback requirements. 2. Side yard: 0 feet. 3. Rear yard: 0 feet, 4. Frontage: 0 feet. 5. Road Access. a. Each lot shall have access to any required parking areas and driveways, and to a private road, via a perpetual easement recorded for the benefit of the subject lot. H. District Setback. 1. All development, including structures and sight-obstructing fences over three feet in height,shall be set back from exterior TC District boundaries by the following distances: a. Where the'i'C District boundary borders an RS or RM District,the minimum setbacks will be: 1) 15 feet from the'IC District boundary for any portion of a building that is 45 feet or lower 2) 20 feet from the TC District boundary for any portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. 3) 50 feet from the TC District boundary for any portion of a building that is over 50 feet in height, b. Where the IC District boundary borders a CL District,the minimum setbacks will be: 1) Five feet from the TC District boundary for any portion of a building that is 45 feet or lower. 2) 10 feet from the TC District boundary for any portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. 3) 20 feet from the TC District boundary for any portion of a building that is over 50 feet in height and that does not exceed 60 feet in height. 4) 50 feet from the TC District boundary for any portion of a building that is over 60 feet in height. c. Where the TC District boundary borders any other zoning district, the minimum setback will be: Page 5 of 10—EXHIBIT H OF ORDINANCE NO. 2015-022 1) 10 feet from the TC District boundary for any portion of a building that is 45 feet in height or lower. 2) 15 feet from the TC District boundary for ally portion of a building that is over 45 feet in height and that does not exceed 50 feet in height. 3) 20 feet from the TC District boundary for any portion of a building that is over 50 feet in height. 2. Items allowed in the District Setback include, but are not limited to, parking, roads, signage, pedestrian pathways, street trees,planters,driveways, landscaping,and outdoor seating. I. Floor Area Ratio. 1. The maximum Floor Area Ratio in the TC District is 1.0. 2. Floor Area Ratio is determined by dividing the enclosed floor area of all floors of all buildings that are proposed by a Conceptual Site Plan by the land area to be bound by the Conceptual Site Plan, 3. The following areas are not a part of the"enclosed floor area of all buildings": a. Below-grade parking garages and mechanical rooms and storage areas located on the same floor as the parking garage. h. Crawl spaces and attics that are not suited to human occupancy. J. Zone Coverage. 1. The total square footage of the building footprints of buildings and enclosed structures is limited to fifty percent(50%)of the gross acreage bound by a Conceptual Site Plan in the TC District. 2. The total square footage of the building footprints of Multi-family Residential and Townhorne buildings allowed by DCC 18.108.055(A)(6) and (12) is limited to a maximum of twenty percent (20%)of the gross acreage of the TC District, 3. When calculating the building footprint, buildings and enclosed structures include any deck that is more than 12 inches above finished grade and all areas within any screened enclosure permanently affixed to the ground. 4. The following are not included as building or structures for purposes of calculating building footprint: a. Eaves and any driveway, road, walkway, deck, patio, plaza, or porch that is 12 inches or less above finished grade(except with affixed improvements that exceed 12 inches); and b. Parking areas on or below finished grade. K. Conceptual Site Plan. 1. Prior to or concurrent with approval of a site plan or conditional use permit, an applicant must file for approval of a Conceptual Site Plan. 2. A Conceptual Site Plan shall provide a master plan that depicts the approximate location of all of the applicant's proposed land uses. 3. All land owned or controlled by the applicant in the TC District must be shown on and will be bound by the applicant's Conceptual Site Plan. 4. A Conceptual Site Plan application must include all of the following information: a. Types of uses. b. Site circulation. c. Pedestrian Facilities. d. Traffic impact study,as described in DCC 17.16.115. e. The following additional information: 1) An analysis of site access points to Abbott Drive and Beaver Drive by a registered professional engineer who specializes in traffic analysis work that describes operational, capacity and sight distance issues of those access points and the impact of Conceptual Site Plan development on those access points. 2) Identification of street system improvements needed to support the proposed development based on the information provided by the reviews required by this subsection(d). 3) A schedule for the construction of needed street improvements, if any, keyed to development benchmarks. Page 6 of 10—EXHIBIT H OF ORDINANCE NO.2015-022 f. Approximate location of phase boundaries, if phased development is proposed, and notation of the phasing sequence. g. The projected location and projected range of building or structure size, in square feet, for commercial uses. h. The projected location and projected range of the number of dwelling units for residential use. i. The projected location and approximate size, in square feet, of plazas and public gathering areas. general each se Elevations throughout the site that represent c,ncral elevations of ea u J• b 1 6 1) Examples of uses for which such elevations should be shown on the Conceptual Site Plan are residential, hotel or commercial structures, pedestrian plazas, parking areas, road intersections, and at length along all roadways. 2) Such elevations must show existing and projected finished elevations. k. The projected footprint and location of new buildings or parking areas.The exact footprints and locations of buildings and parking areas shall be determined during site plan review. I. Existing uses on lands owned or controlled by persons other than the applicant. 5. A Conceptual Site Plan shall be approved if it demonstrates that future development is located on the subject property so that, in addition to the requirements of DCC 18.108.055, the following standards can be met at the time of site plan review: a. DCC 23.40.025;and b. DCC 18.124.060(A)-(E)and(I); interpreted as described in DCC 23.40.025(E)(1)(d)(3). 6. Approval of a Conceptual Site Plan does not authorize uses or development. 7. An applicant shall commence development within five years of the date of final approval of the Conceptual Site Plan unless an extension of the duration of approval of the Conceptual Site Plan has been granted pursuant to DCC 22.36.010(C). 8. Substantial construction of a Conceptual Site Plan development, for purposes of DCC 22.36.020(A)(2), occurs when the first building authorized by the Plan has been substantially constructed,as defined by DCC 22.36.020(B). L. Application and approval process. 1. A site plan or conditional use application shall be consistent with the Conceptual Site Plan with the following exceptions. a. Existing structures or features can be used or altered to meet the requirements of subsections(5) and (10)-(13)of this subsection. b. if the existing structures or features were included in a site plan approval under DCC 18.108.055 and the existing structures or features are proposed to be altered by subsequent site plan, that subsequent site plan must demonstrate compliance with the requirements of subsections(5)and (10)(13)of this subsection. 2. A site plan application shall include the number of all uses by type, their ITE code and their pm peak hour trips, 3. Each site plan, cumulatively with any previously approved site plan, shall demonstrate that the development will not generate traffic at a rate that will exceed the number of m peak hour vehicle p g 1 P trips for residential and commercial uses assumed in the traffic study required by subsection (K)(4) above. 4. Adjustments may be made to building locations, sizes, footprints, unit counts and phase boundaries shown on the Conceptual Site Plan during site plan review if such adjustments do not constitute a change requiring modification of approval of the Conceptual Site Plan pursuant to DCC 22.36.040. 5. An applicant seeking site plan approval shall demonstrate that,when the development that is subject to the site plan approval is complete,a ratio of 150 square feet of commercial space to one dwelling unit will be met. 6. The term"dwelling unit"used in subsection(5),above, includes: a. All hotel and residential dwelling units, including Multi-family Dwellings and I ownhomes. Page 7 of 10—EXHIBIT H OF ORDINANCE NO.2015-022 b. Lock-off Areas shall be counted as a half dwelling unit for purposes of calculating the ratio described in subsection(5),above. 7. The development in the TC District, cumulatively with any previously approved site plan, must meet the ratio in subsection(5)above. 8. When a second or subsequent site plan is approved a commercial area shown on a prior site plan may he counted toward meeting the required ratio in Subsection (5) above only if construction of the commercial area approved on a prior site plan has been commenced. 9. The site plan shall include the projected finished and existing grade elevations of the site indicating every foot of elevation change on the subject property. 10. Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance with the fifteen percent(15%)lot area landscaping requirement of DCC 18.I24.070(B)(1)(a). a. Landscape areas existing as of the adoption of Ordinance 2008-105 may be used to determine compliance with the fifteen percent(15%)rule as long as the existing landscaping is included in the site plan. b. in the TC District, plazas available to the public may be included to demonstrate compliance with the fifteen percent(15%)landscaping requirement. 11. Each site plan, cumulatively with all previous site plans, shall demonstrate compliance with the FAR requirements of DCC 18.108.055(1). 12. Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance with the recreation space requirements of DCC 18.124.070(A)(2). 13, Each site plan, cumulatively with all previously approved site plans, shall demonstrate compliance with the zone coverage requirements of DCC 18.108.055(J). 14. Where improved bike paths cross land proposed for site plan development,the applicant shall retain or relocate and rebuild the bike path. M.. Any application for a zone change to the Town Center District shall include a copy of a signed development agreement between the property owner,the applicant, if different than the property owner, and the homeowners association. ((;,)rd 201570022 §_1 i 21).r"`....Ord.2015-004 §9,201.5;Ord.2008-015 §2,2008) 18.108.110. Business Park-BP District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Residential uses existing as of March 31, 1997. 2. Administrative,educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. 5. Post office. 6. Church in building or buildings not exceeding 5,000 square feet of floor area. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: Retail/rental store,office and service establishment, including hut not limited to the following: a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. h. Agricultural equipment and supplies. c. Car wash. d. Contractor's office, including but not limited to, building, electrical, plumbing, heating and air conditioning,painter,etc.. e. Construction equipment sales,rental and/or service. f Exterminator services. g. Golf cart sales and service. h. Lumber yard,home improvement or building materials store. Page 8 of 10—EXHIBIT H OF ORDINANCE NO. 2015-022 i. I lousekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service, 1. Restaurant, bar and cocktail lounge including entertainment. P N 'canna .V .,... products,ry ... including MGtt tluana processing cannabmord concentrates and bmurd not ntc.lud pro<cssrrig of crirarr ihinoide\tr rclssujjcct to tht..p1O\isions o1 D(:( 18 1....16 30< ii. ..Marijuana:ti holls llin ._ollic_,only\kith iro strrazr!c of nrai.rjo in iucrns,suliect_Io the fa1:.o)isions of UCC18.1116 33.0, 8, A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a, Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, a ssembl y, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, leather, precious or semi-precious s metals or stones,etc. c. Manufacture of food products,pharmaceuticals and the like,but not including the production of fish or meat products,or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility structures and yards, including railroad yards. 2. A dwelling unit for a caretaker or watchman working on a developed property. 3. Law enforcement detention facility. 4. Parking lot. 5. Radio and television broadcast facilities. 6. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley. b. Theater. c. Veterinary clinic and/or kennel. 1. Marijuana proce ssirrg cif c inn shun aid eNtr icts subject to the pror isions coH..)( (.. .18 1 16 34iC), e. .._-Marijuana retailing,subject to the provisions of DCC 18.116.330, 7. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Warehouses and distribution uses in a building or buildings exceeding 10,000 square feet of floor area. b. Distillery and beer/ale brewing facility, including wholesale sales thereof. c. Self/mini storage. d. Trucking company dispatch/terminal. e. Solid waste/garbage operator, not including solid waste disposal or other forms of solid waste storage or transfer station. C. Use Limits. The following limitations and standards shall apply to uses listed in DCC 18.108.110(A)or (B): 1. A use expected to generate more than 30 truck-trailer or other heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot adjacent to or across the street from a lot in a residential district. 2, Storage, loading and parking areas shall be screened from residential zones. Page 9 of 10—EXHIBIT H OF ORDINANCE NO.2015-022 3. No use requiring air contaminant discharge permits shall be approved by the Planning Director or Hearings Body prior to review by the applicable state or federal permit reviewing authority, nor shall such uses be permitted adjacent to or across the street from a residential lot. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.110(A)(6) or (B)(6) may he allowed in a building or buildings each exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the community and surrounding rural area,or the use will meet the needs of the people passing through the area. For the purposes of DCC 18.108.110, the surrounding rural area shall he that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 2. The use will primarily employ a work force from the community and surrounding rural area;and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. I . Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 45 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. Each lot shall have a minimum depth of 100 feet. 4. Front Yard. The front yard shall be a minimum of 25 feet. 5. Side Yard. No side yard required,except when adjoining a lot in an RS or RM District and then the required side yard shall be 50 feet. No side yards are required on the side of a building adjoining a railroad right of way. 6. Rear Yard. No rear yard required,except when adjoining a lot in an RS or RM District and then the rear yard shall be 50 feet. No rear yard is required on the side of a building adjoining a railroad right of way. 7. Lot Coverage. The maximum lot coverage by buildings and structures shall be 50 percent of the total lot area. (Ord, 2015-0022§13,2,(115.;Ord.2015-004 §9;2015;Ord.2012-002 §1,2012;Ord. 97-078 §2, 1997) Page 10 of 10—EXHIBIT H OF ORDINANCE NO. 2015-022 "****"Denotes portions of this Section not amended by Ordinance 2015-022. Chapter 18.116, SUPPLEMENTARY PROVISIONS 18.116.280. Home Occupations. **** F. t'I Ohibited l.lses 1 hv,..lollowi t2 uses shall be prohibitc,tl...tsa htrltu:._occuprtioo I. t1 rrijuarta production: l Marijuana proces ing; �• Marijuana a.n.a wholes firm+; and 6 Marijuana retailing, _ (Ord, 2015-022 §14,2015: Ord 2007-021 §1,2007;Ord 2004-002 §24,2004) cSietiion:1 -l6.32 .Metliea-1-MtH4 of -Ni +ury Medieed--fttrijunna disperr;ttrie,s- -I}=all-meet the kdlo. A, The4oeation is subject to the Oregon-Mecl-iee -Mftrijuana Act under ORS Chapter 475. 44:- ['he hours of Everittien-shaft-not exceed 10:00am to 7;00pm, C=l=lae cli ett trw--is.feg tered with the Oregon-Ele It Att#.iaor+ta rat-der the-state-4f Or *n's medical itaarijuautt Fttc ilit� registration ty tett*-trader ORS 475.3414- 175,3=Vii.-and-meet♦+g 4)e-requirements of OAl •-O+rtltter 333 Division 8 Medical Marijtta+t,t F;twilitie; The t tirt+4 be registered with the-Oregon lalealth--Atitherity under ORS 47573-11 tart]-enetial with all O1IA rt+Ies-: 1.--'-1--hr-adtlit4ttt-t+►'-cottversican of4he lispet+sttry 4I e ereatiorto-1-{Ise mar°ijutt.t+ct tales-++ntl distti1)u0on--is--e chit ttix; r4 tl fla++# tabjeed te-Counly land use review++d-aftpre>4t1-f+r.tlterati<:jtrt.}f`#aemec4ie -1 otttr-fart . (Ord,20 15-022 14,2015: Ord.2015-004 §10, 2015) 18.116.330. Marijuana Production,Processing, Retailing„;,and Wholesaling Purpose The purpose of:DC"C'. 1.8.1.16.330 is to establish reasonable time,place and manner regulations for recreational and medical marijuana production,processing,retailing and wholesaling. A. M u u tna production and marijuana processing. Marijuana iltalt.t4 production and marijnankproccassjimiihal1 be subject to the tel at 1 criteria: 1. Minimum Yard l.)t,Itt.It.,..,No land area or structure tried for marijuana production or tttR rijtiod processing shall be located closer than 200 feet from any lot line, 2. Additional Setback No land area or structures used for marijuana production or marijuana processing. ahall„be lucat_ec1 closer than 300 feet from an stin d}y...in unit trot lctc rttd on rite saute ►ro pert\ as mar tram♦• trodnctron or marijuana 7rocc~sine use. Page 1 of 4-EXHIBIT I OF ORDINANCE NO. 2015-022 Acces,s,Jhe subject property shall have frontage on and direct acceis.s.,_from,a constrtieted_public, cou•tv,._or.state_roach or takeaceessonai exclusive road or easement serving only the subject proper:1y,, I !• l)cj:ty ç•c ces ta a private road or easement whtellabc)seryes other_properties„ evidence must_be pro,yided by the applicant,in the fOrm of a petitioil„tliat allot:het:property owners wht)_have aCCQSS rights to theprivine road or eascancrittigrceto_allciw.the stweific marijuana production or inaijr Liana processing described in the application. Such evicle nee S ha I I hid udeanj cprld it i ons spulttted in the agseement, 4 Odor. A building, including greenhouses, used for marijuana production or marijuana processing shall be equipped with a carbon filtration system fbr,odor control. a. The system shall consist of onc or inure fans and filters, 1 I he j'apisatoj1129sized for cubic feet per mint:Ile(CPO)and the lilter(s) shall be rated (Or the required CINI. The filtration system shall be maintained t i t \vorking order and shall be ta use. d, (loots and winclOWS Sha I I rCala in closed.except (Or the minimum length of time noeded in allow people to ingress or egress the building,. e. Negative air tiressure_00111)e. maintained inside,the_budding. _ An alternatiye odor control systein is_permitted if the applicant submits a report mechanical engineer licensed in the State of Oregon demonstratirigthat the alternative system will control odor as;well Or better thim the carbon filtration system othe,rwiso required, 5. Lighting,. Lighting shall be regiilatecl as follows: Light CiSi 1v ight fixtures II1Side any building; including grcenhouses,tised for marijuana production or marijuana processing._shall be screened or shielded from view outs*thq building to the maximum extent possible from sunset to on the lol low ingday, b. ()utdoor mariittana grow liens shall 110t.be illuminated from sunset to sunrise the following day, c. I.ight cast by exterior light fixtures shall comply ‘vith the outdoor lighting standardsiof,DCC 15. 0, 6. Security Cameras. If security_canteras are tisech_they shall be directed to record only the subject property and rights-of-way,except as required to comp!), wit h_licensing requirementsofthe Oretion Liquor Control C'ommissiont(,)1..0,')or registrtition revirements In the Oregon I k uhh Authority(01.1A). 7. `iesitte Disposal. Marijuana waste shall be stored jp a secured wtiste receptacle in lit possession of and under the control of the licensee. 8. tic Medical marijuana nrodtiction buildings. including greenhouses,and Qperations lawfully establishedprior to the adoplion of this tvdinance shall be screened in the follorying mapper: a. . .Atov or ever gee") trees or shrubs along.the outside perimeter of,the land areaant.incuding greenhousesshall be no less than 4 feet in height when planted. a ayva..N.,,,'as to reduce_the visual iplpacts of the land areas and buildings as yieweditroinTds, rivers, streams, and abuttingpriyate properties, b. Vegetation shall he continuously maintained. Q. Combination of existingvegctation. berming, topography. wall, .fence,or other ean he used d. Al! materials used for buildings, structures.and fencing. excluding greenhouses shall be finished in muted earth tones that blend with and reduce contrast with the surrounding vegetafion_and landscaptof the marijuanaproduction andpsocessinore,a, 9 Water. The applicant shall submit prool from the watermaster that the proppscd„waterstipply complies with all applicable local,state, and federal laws. 10. Minimum Separation 1)istances. l'vlilitintillit separation distances shall apply as folloryy„ a, l'he use shall he located a minimum of 1000 feet from: Page 2 of 4 - EXHIBIT I OF ORDINANCE NO. 2015-022 i m n puhtic elementary or secondary school for a�hrcli arttc.ndaircc_ rs compulsory under Oregon Revised Statutes 339,020,ineludin g any part in to t litptirtr Grant tlrrrettr and anr 1 r perty used byahe school:, ii. _A prrv:tepuarochral.elementxry or seCOtrda schooLteachiqg children as described_in. t)RS, 3. J tL(_(_tj(.11„..Inclrrdint! any park Me lot iappurtenant thereto and any property used.by. 1.1.1c,1:41,9„0,11 rrt A licensed cii kl care center or licensed pre school. ineludine,an kin lot appurteliant thereto a and any property used by, the child core center or preschool; iv. A y oath activity center;and v. A park.. b_ For purposes of Subsection 18.1.I6.330(A1(10),all distances shall be measured from the lot line of the affected properly(e, ,,a school)to the closest lot line of the property occupied rn..,the marijuana producer or marijuana processor, c. &change in use (including a zone ch rngt.to another property to a use identified in Subsection lh,l 1C, > ,()(A I0) .after ainarijiian;i pmdueer orproe essor has be n licensed b or registered `vial the State of Oregon shall ma result in,the marijuana.producer err rnarijuana_processor being in violation Of Subsection 18.116.3390)091 I I Fire protection l r ptocessin e of cjnnlrbino d_extr cts._I'roces_stng ofcannabinoid extracts shall __... only he,Pe nnilted on properties located within the boundaries a fircprotectton district. 12. Nonconformance. All m triruana production and processing_operations lawfully established_prior_to the effective dated the requirements codified in this ordinance are exemptfrom all such regulations until...Dec.r„l?tber_..31,2(11,12,a ua liicli_truic_th _its rirtcl hrrticl n>;s_ ine.ludi itgreenh muss,, shall corn lti.,iyith the provisions of DCC 181.16 330AL4]th.roug!f A(81. 13.. Marijuana retailing,__Marijuana retailrng_inciuding recreational and medical marijuana sales sh dlbe subject to the following standards and criteria: i Hours.(.)peratiii,a hots...shall he no earlier than 19:00 a ni or later than 7:00 p m on the.same.day. . 2. Window Service, The use shall not have a walk-up srindo\ ordrive tltru window service. ,. Secure I:) pos,:1.1...NLyii:4.lrp r Waste ..1)al.I he stored to :r secured waste rec pt rcli in the possession of and under the control of the licensee. 4. .co I oc ation of l el ated Ac,ur roes arlc 1-,5c s..Mar ijuar>a and ttnh<r4ci_?products shall not be smoked, itteested„pr otherwise consumed in the,.build in space occupied by the rnarkjuan iµrelarlcr. lri addition, niit0uana rctailmg_shail not be co-located On the same lot of record or vvith.in the 5sitire building,with any rnariJ.t 300 social club cyr. marijuana smokie club. 5. Minimum Separation Distances. Minimum separation_distances'shall apply as follows: a. The use shall be located a minimum of: r......A pub!i c elementary or sccoridary sstpol,for which-attendance is compulsory and r.t lic,z!on Revised Statutes 339.029,._. iilel.udin any parking,lot appurtenant thereto and._tany property U sed lby the schonlii A private orparochial elenie.ntar or secondan, school teaching children as described,.ht. ORS ,39.030(1.1)(x), Making any parking lot appurtenant thereto and any I3roperty.rrsccf by the school; iii. A licensed care center or licensed preschool. including any p ir.k.iiw liar aapprartcra ant thereto_and any property'used_l thee chikt...care center.or preschool; iv. A youth activity center: \_._.A park: and vi. 190U feet from any other,marijuana,retail foci lity licensed the Oregon 1.rcluor Control commission ((.)I CC)or registered 'ith the,Oregon Health Authority COIIA). b. or proposes of Subsection 18 11( 331..1 X7), ill drsttncts shall„be nle i rrrel . rrr Ilie ot ime_ hof the iltcteil prre r Scool) o cosest nl )e of the taropelty .ac:ertplul marijuana producer or marijuana t=roce.ssor Iry the marijuana retailer. Page 3 of 4 -EXHIBIT I OF ORDINANCE NO. 201 5-022 c. A eIianl;e in use(including a zone eltane,eJ tl1 Atiplhel property 1.11 it use identified in Subsection I h—.l—I( 3)'k!3 7 tItca l:li1mailer u o► h w hee,..r lice d by or Icgtstcrod St rte (11" Ore t n shall not result in the m t ut ma retailer bej gin violation of Subsection 18.1 16.330(13)(7), d. A inardjuana !cinder that falls under Subsection 18.116..131/113)(7). ma - rcIK,c de tinollicr location il►the same building. (Ord.2015-022,.§14.,2015) Page 4 of 4-EXHIBIT I OF ORDINANCE NO. 2015-022 "****" Denotes portions of this Section not amended by Ordinance 2015-024. 19.04.020. Purpose. A. DCC Title 19 has been designed in accordance with the goals, policies and statements of intent of the Bend Area General Plan, the officially enacted comprehensive plan for the City of Bend and its environs. It is the general purpose of DCC Title 19,therefore,to provide one of the principal means for implementation of the Bend Area General Plan. B. DCC Title 19 is designed to classify,designate and regulate the location and use of buildings, structures and land for residential,commercial, industrial or other uses in appropriate places and for said purposes; to divide the Bend Urban Area into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement; to encourage the most appropriate use of lands; to conserve and stabilize the value of natural resources; to provide adequate open spaces for light and air and prevention of fire; to prevent undue concentrations of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities, such as transportation,water, sewerage,schools, parks and other public requirements; and to promote the public health, safety and general welfare. C. To regulate placement,height and bulk of buildings, and the placement and growth of vegetation within the County to insure access to solar energy by reasonably regulating interests in property within the County, as authorized under ORS 215.044 and ORS 105.880 through 105.890; to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the Comprehensive Plan policies relating to solar energy. D. To encourage the design of new buildings, structures and developments which use solar energy and protect future options to use solar energy by protecting solar access, I Mar ijrt rat r i rocessirw„, production, r_et rilin ,_rnd V holcsalinir are 1 rohibit.d ou properties subject to the, prcrviti,ron5 c�,f I►t . l y; (C)rd, 2015-0 : Ord. 83-041 §1, 1983) **** 19.04.040. Definitions. "Cannahinoid” means any of the chemical c.trtr_ipounds.11i at are the active constituents of marijuana. "C'apaibinoid concentrate" m ans a substance obtained i separating,carin,brtienelsll'1]m marijuana b7 '...1..:mechanical._extraction process: ra chemical extraction p ocessusincl tr. nc nhycii.pearhon based or piker sole ciii__such as water, vegetable glycerin. vegetable oils animal f_ats rsn_propyl alcohol, or ethanol. a chemical extraction process usinjthe hydrocarbon based. solvent carbon dioxide...1 ovided that the process does not involve the usc.Ofhigh heat or pressure or stay other.piocess identified h1 the Qret4on Liquor Control Commission in consultation with the Oregon Health Authority,by rule. "Caannaabi.noid edible" means food oc ntable liquid into_which c rnnahrnoid concentrate cannabi_noici extract or dried marijuana leaves oa.:flowers have been incorporated. Page 1 of 3 - EXHIBIT A OF ORDINANCE NO. 2015-024 :Canna binoid extract"means a ytrl st tt1cG_tibt iit.rl br+... t: hat l,ttttgc,lttn,tkattatlt is frtrltt tt►lttlttaltA:l by a chemical_extraction Process using a hvdt ocarhon busc d solvent. such as butane, hexane or propane; a chemical c'!,xtraction process tt:>rig_tltrr...Itrtltlre ttbtlit-_based.._Solent carbon dioxide. if the Prracess ise5..ltt lr eat or pressure or ally other.process ess identitiec ..11y._the ()revolt ! twluor. Control Commission,in consultation with the Oregon Health authority. by rule. '[`ann binoid mpl oduct' means a cannabinoid edible and any other product intended for human cc?nsulnption or use. includinu a product intended to be applied to the skin or hair. that coint tins cnnnabi nord5 or d i le ia__.r 1 ana leaves or flowers, ( r7n__.r bra c ic product does not include usable .µ....... marijuana h ...itself, a cannabinoid concentrate by itself, tt eannabinoid extract bw itself or indpWiaf hemp as defined ill Oregon Revised Statutes, 21300 "Marijuana" means the plant_C itrinabis family [ c�1nnabac ae, .111y part Of the pl int (.alma hrs iam11\_C aimaabaceae,and the seeds of tl?e..Plant Cannabis family C anrlab-acc.ac Marijuana dotes not include industrial hemp as defined in Oregon Revised Statutes 571 700. :Marijuana items"means marijuana, cannabinoid products cannabinoid concentrate5 and cannabinoid extracts. `( 7 ar ijrrr' a Processing`...rric aras the Pt r`_cessingt Lol.nJ! inclir!g, or eOnve rstun of ni'ujivan t tntb canna?inclid produets, carin al7rr?orct cwcarrcentrartey oreailn tbinoid extracts„ ttrcrytcfccllltwat the marijuana _t..l.cc5,ur is licensed Control Q P trss on o register-cc!, wi .,the Oregon t4a1t_1 Authority." -Marijuana production means the manufacture, planting, cultivation, c.rowrnr trimming, harvesting. drying_of marijuana.,provided th atthemarijuanaproducc r is lic,e,n ed_bw_.�the Oregon i acluoi. Control. Commission_ or registered with the Oregon Health Attthutiiy and a "person designated to produce.._marijuana by a registry identification cardholder." "Mar ij.ttKltla...rcttailtilar means the scale of'marijuana items to a consumer, provided that the marijuana retailer is licensed by the Oregon Liquor Control Commission for recreational rarrtuana sales or registered w ith the 7rcon Health Authority fu r medical marijuana sales, "Marijuana w'holesaltilg means the. purchase of marijuana items Ibr resale to a person other than a consume Ptov acled..that the marijuana wholesaler is licensed by the Orct i1 Liquor Control Commission, '`1 erson deli gnatecl to produce marijuana bv a registry identification cardholder" means person des natcd t+.:r....11rtrctuc,c lunr.iin,ulaa by. registry identification eurdhOdcratoder C)icgcrr) Revised wised Staatutes 475.304 wl c produces marijuana for r sstry identification cardholder at an address other than address where the 1egistry uentification eardlralder resides oratran address where more than 12 mature marijuana plants are produced,.. (Ord.. 2015-0 ,,;Ord. 2014-016 §1, 2014;. Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-038 §1, 1997; Ord. 97-017 §1, 1996; Ord. 96-071 §1 D, 1996; Ord. 95-045 §15, 1995; Ord. 94 027 §§1 & 2, 1994; Page 2 of 3 - EXHIBIT A OF ORDINANCE NO. 2015-024 Ord, 92-043 §1, 1992;. Ord. 91. 029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1, 1990; Ord, 90-007 §1, 1990;. Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86-033 §1, 1983; Ord. 86-032 §1, 1986; Ord, 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041 §2, 1983; Ord. 80-217 §1 Exhibit A, 1980) Page 3 of 3 -EXHIBIT A OF ORDINANCE NO. 2015-024 "****"Denotes portions of this Section not amended by Ordinance 2015-025. 20.04.030. Purpose. DCC Title 20 is adopted for the purpose of promoting the health, safety, peace, comfort, convenience, economic well-being and general welfare of the Redmond Urban Area and not limited to, but specifically to achieve the following designated objectives. A. To protect the present and existing character and values of land and buildings in the UH-10 zone until such land is ready to be developed for urban uses and is annexed into the City: 1. Preventing the intrusion of inharmonious uses or uses that may impede the conversion of land to urban use. 2. Preventing the encroachment on desirable open space and natural features. 3. Providing and planning for the safe and efficient movement of existing and future traffic. 4. Assuring the planning for and provision of necessary public facilities prior to conversion to urban uses. B. To provide for additional growth and development in a manner appropriate to the character of the Redmond Urban Area and which will contribute to the economic stability of said area and strengthen the basis of its private and governmental economy. C. To assure that future development occurs in an orderly manner to provide for economy and efficiency in public services and utilities and to protect the public from costs which may be incurred when unsuitable, scattered or premature development occurs. D. To minimize traffic hazards,traffic congestion and the conflict between land uses and the movement of traffic. E. To regulate the placement,height and bulk of buildings. I'..... Mai-um-ma processint2a.production,,m tiling., and ∎u tolesaliltg arc prohibited an propertiL Auhjur:1 to the provisions of Title 20, (Ord. 2(115-0 ;Ord. 2006.019 §2, 2006; Ord. 2001-016 §2,2001; Ord, 94-013 §1, 1994; Ord, 83-040 §1, 1983;Ord, 80-201, 1980) 20.04.050. Definitions. 'c'innabinoid"means any of the chemical compounds that are(he active constituents of marijuana, "Cau n rbr� dconce trace means substance obtaiucd_by_ticpar attag cannabinoids frn marijuana by ar. mechanical extraction, i?rocess; a chemical extraction process using a n_crnhydrocarbon-based or other solvent such °ra...water,...vegetable glycerin, vvegetable... oils,.._animal lut,, iknprop}I._alcolrcol, ryr e'tlaanol., a c_hemical....extt,tcticrft process lr.irr thc.:lwlrr,c•arbon ltiased solvent carbon dioxide, pmvrcled.that the process does not„involve the use of high heat or_pressure; or any,otl er.process identified by the Oregon liquor. Control Commission in consultation��'.rtla tlac Oregon.11ealih Authoritt by rile. ”C`annabinoid edible" mein tbod of potable liquid into which a cane binoid concentrate e jnnabinoid extract. or dried marijuana leaves or flowers have been incorporated. "C;`ann•ihittoid---extract" means a substance obtained hy separating cannabmoids...from m trrij ana by a chpn icai.extraction_process usinig. a i hydrocarbon based solvent, such as butane, hexane or propane; a chemical.extraction process using the_Ir,ydrocrarbon bailed solyerat carbon dioxide, if the process uses high Page 2 of 3-EXHIBIT A OF ORDINANCE:NO.2015-025 heat or pressure,nl anv other access identified ed bti the Oregon t lym col.rul C crmml5yrun, art consultation with the ()re on }lealtlr Altlaority,by rule. "cann ah.mold..h.r.oduc.t:_means_a.._cann rhrnold edible and arty'other product intended for human consumption or use, incluc)lna,a product intended to be applied to the skin or hair, that contains cannabinoids or dried ntatrij_ut_ma lea\c ti Or t]oti}..c.rs ( aann,thnaoid product does not include usable marijuana by_itself.a cinnabinoid concentrate by itself ma cannabinoid e tide t by Itself..,or ind_ustrl 41_hemp as defined in Orcuon.._Revised Statutes 571.300. ` Martauana" means the plant_..._Cannabis family' Cannabaceae, any part of the plant C'ann abiis family Cannabac.eae and the seeds of the plant Cannabis f mily Cannabaceae. Marijuana does not include industrial hemp as defined ua t)reg n Revised Statutes 571 300, "Nlarijuan a items" means marijuana. cannabinoid..prodlrcts,.c annabinoid...concentrates. and cannahlnoid extracts. "Marijuana ar ijuana Proc ssrn "means the procession., compounding,or conversion of marijuana intol. catraal<abinorrd products,e:arurabirrcalcl concentrates,or eann a}tinoid extracts provided that the trtaijin toad prrocessor is,lic911 ed by. the()re nal l ic_)rlcrt f.c:ttitrtal Commission tn.register d wrththe Oregon I lc;rlt.lr.. Authority." M n I llItla )rodultlon' means the manufacture. )1(anting cultivation, growing,_trimming, har\LStin g or i}ryini, ot_ararrijuata:r, provided that the rnarijuann...producer is licensed by the (_)7euon......1..lquui. t tpntr4;:).1l. t'onmiissiitror registered with the ()regorr l it_rltla Authority.'and a-person son clesi fntlted to arlrrfut.c mar l uana by as registry identification cardholder." "Marijuana retailin ' means the sale of marijuana items to a consu11et,provided that the marijuana retailer is licensed by the Oregon 1.ictuorControl Commission t la recreational rnau ijrrain:a sales or registered with the Oregon Health Authority,.for medical marijuana sales. "Marijuana na wholesaliti;''' means the...purchase ot....Lrr:rr tl attar...stuns for resale to a person other than a consumer, pr.tvaded that the marijuana wholesaler is licensed the Oregon Liquor Control Commission, -Person desitutatt;d for,produc_e_mariftr<ana bv_ar rcgWry,,lci'-..ilication cardholder.' paeans person designated toj ioduce maarij.uanta a registry identrhi_itioan errdholdel..arnder Oregon l wised StIanteS 475.304 who produces marijuana for a reghtry rclentifeation.cardholder at an address either than the address_w}Mere the reelstr} identilieation eatrldiolcie`:r rem rcles or at..lrn..idch:ess Where mote than 12 mature marijuana plants..tue produced. (Ord. 2015-0 ;Ord. 2006-019 §2,2006; Ord. 200]-016 §2, 2001; Ord. 94-013 §1, 1994; Ord. 83-040 §2, 1983; Ord. 81-007 §1, 1981; Ord. 80-201, 1980) Page 2 of 3-EXHIBIT A OF ORDINANCE NO.2015-025 "****" Denotes portions of this Section not amended by Ordinance 2015-026. 21.04.020. Purpose. A. DCC Title 21 has been designed to be consistent with the goals, policies, programs, elements, and statements of intent of the Sisters Urban Area Comprehensive Plan, the officially adopted comprehensive plan for the City of Sisters and its surrounding urbanizing area. The general purpose of DCC Title 21 is to provide for one principal means for implementation of the Sisters Urban Area Comprehensive Plan. B. DCC Title 21 is designed to classify, designate and regulate the use of land within the Sisters Urban Area Growth Boundary outside the City of Sisters City Limits. To achieve this purpose, DCC Title 21 divides the Sisters Unincorporated Urban Area into appropriate zoning districts as set forth in the policies and elements of the Sisters Urban Area Comprehensive Plan. C. The further purpose of DCC Title 21 policies and elements of the Sisters Area Comprehensive Plan, is to encourage the most appropriate use of land; to conserve and preserve natural resources and the quality that is unique to Sisters, including open space for light, air, fire prevention, and for sanitary purposes; to prevent undue or uncharacteristic concentrations of population; to lessen congestion of streets; to facilitate adequate provisions for community utilities such as transportation, water, sewage, schools, parks other public requirements; to promote the public health, safety, general welfare and to protect and enhance the visual quality of the Sisters area. D. iv irijnan,r proe ssii?r;, pre►citrctiotb. retail ne,, and anc_prohibited on--prPperticrs subject to the provisions of Title 21.. (Ord. 2015-0_: Ord. 2004-004 §2,2004; Ord. PL-17 §2, 1979) 21.04.040. Definitions. **** "Cann rhinoid"means any of the chemical compounds that are the active constituents of marijuana. "Cannabinoid concentrate" means a.substance obtained by septarati g cannabinoids from mar iguana htiW a mechanical l apical extraction process; a chemical extraction process using a nontvd►ocarbon-based or Other solvent,such as v eater. Yega.trthl glycerin vc elablc caals <rrallar it fats isopropyl alcohol,. or ethan ,l__a_.chemleaf extraction process usim2 the hydrocarbon-based solvent carbon .dioxide Trovicled that the_process does not in olv c the use of harsh heat car prc:.ssttl.e1.aa1 <:it►w_othcr pig css ldLntiliLd by th. )a•e m l.rcltlor_(Control Commission_, in ecrosultation with the ()xcgcaralealth Authority, by rule. "Cannabinoid edible" means food or potable liquid into which_a catmabinoid concentrate,_ cane tbinoid extract,or driedmarijuana leaves or flowers have been incorporated, .d.. "Cannabinoid extract"paeans a substance obtained by separating c tnnabinoids horn marijuana. b '_ a chemical extraction frloeess usin a hydrocarbon based solvent such as butane hexane or propane: a chemical extraction process using the hydrocarbon-based solvent carbon dioxideM it:. th,e_proecss uses hill) heat or pressure; or any other process identified ter tli (lrsni?n Liquor_ Control C ommission-in consultation with the O cr&on_Health Authority by rule. "Carmabinoid product" means a cannalnnoid...edible and any other product intended for human Page 2 of 3-EXHiBIT A OF ORDINANCE NO.2015-026 copsurriptlon_or,use including.a ptIoduet intended U.Lbgjipplied to the skirt or air, that contains cannabinoids or dried marijuana leaves or llowers. Cannabinoid product does not include usable mariitiattaby itself. a eannabinoid concentrate by it§,cltliLgiptibirtoid extract by itelf,,,,pr industrial helm?.as defined in Oregon Revised Statutes 571.300. **,* Marijuana" means the plant Cannabis family Cannahaceae, any part of' the plant Cannabis family ( annabaccae, and the seeds of the plant Cannahis_familySannabaceae. maAjimna does not include industrial hemp as defined in ()region Revised Statutes 511.300. "Marijuana items— means mar_ji pana cannabinoid_products. cannabinold concentrates, and cannabinoid extracts. -Marijuana Processing" means theprocessint2, CoMpounclioq. or conversion of marijuana into cannabinoid prod ucts. cimnabinoid concentrates, or ctinixibttloid extracts,provided that the marijuana processor is licensed bv the Oregon Liciuor Control Commission or registered with the Ort..,,gon Health Authority.: Marialana_production" means the manufacture, planting cultivation. growina. trinuninu.. harvestina.. or dryinQ ot marijuaa_ ,pro‘ided that the marijuana „producer is licensed h\ the Oregon Liquor (, c;introl Commission. or registered with the t)i.egon Health Authority and a "person designated to produce marijuana by a re,s2,(stry identification cardholder:' "Marijuana retailille means the sale of marijuana items to a consumer provided that the marijuana relitiler IS licensed by„the Oregon I,ii.mor cont ro Comm issiop for I marijuana S IjLoi iegisterey1 the Orevon Health Authority for rnediA,:jj marijfiana sales. "Marijuana wholesaling' means the purchase or marijuana items lot resale to a, personpther than a consumer,pmy ided that the mart jninta wholesaler is licensed by the Oregon Liquor Control Commission. '•Person designated to proclucemarijpana by a re(ristry identification cardholder" means person desinated to produce marijuana by a registry identification cardholder under Oregon Revisect,,5tatutes47530)_who produces marijuana for a reoistyv identification cardholder at an address other thanthe addressAere the reaisiry identification cardholder resides or at an address where more than 12 mature marijuana plants are produced, (Ord. 2015-026, §1, 2015prd. 2004-004, §2, 2004; Ord. 97-048 §1, 1997; Ord. 88-038 §1, 1988; Ord. 80- 225 §1, 1980;Ord. PL-17 §4(1)-(108), 1979) Page 2 of 3 -EXHIBIT A OF ORDINANCE NO 2015-026 REVIEWED Refer to Voters: LEGAL COUNSEL Total Opt Out For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCI-IUTES COUNTY, OREGON An Ordinance Prohibiting the Establishment of Marijuana Businesses Within Unincorporated * ORDINANCE NO. 2015- Deschutes County; Referral to the Electors. * WHEREAS, in November 2014, Ballot Measure 91 legalizing certain recreational use of marijuana was passed by the voters of Oregon; and WHEREAS, section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400) provides that a county may adopt an ordinance—conditioned upon referral to the electors of the county at the General Election on November 8, 2016—that prohibits the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area subject to the jurisdiction of the county; and WHEREAS, the Board of County Commissioners is concerned that the establishment of marijuana businesses within the unincorporated areas of the county will have significant impacts that were not fully identified or addressed in Ballot Measure 91; and WHEREAS, on August 12, 2015, November 5, 2015, November 12, 2015, and December 2, 2015, noticed public hearings were held in Deschutes County to receive and consider public input specific to marijuana businesses, including possible opt out options; and WHEREAS, the Board of County Commissioners refers the question of whether to prohibit the operation of medical marijuana processing sites, medical marijuana dispensaries, marijuana producers, marijuana processors, marijuana wholesalers and marijuana retailers to the voters of Deschutes County, now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. In accordance with section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400), the following are prohibited in the unincorporated area subject to the jurisdiction of Deschutes County: (a) Marijuana processing sites registered under section 85 of HB3400A(2015); (b) Medical marijuana dispensaries registered under ORS 475.314; (c) Marijuana producers licensed under section 19, chapter 1, Oregon Laws 2015; (d) Marijuana processors licensed under section 20, chapter 1, Oregon Laws 2015; (e) Marijuana wholesalers licensed under section 21, chapter 1, Oregon Laws 2015; PAGE 1 OF 2-ORDINANCE NO.2015 - (f) Marijuana retailers licensed under section 22,chapter 1, Oregon Laws 2015. Section 2. This ordinance shall be referred to the electors of Deschutes County at the General Election on Tuesday,November 8, 2016. Section 3. The text of this ordinance shall be provided to (a) the Oregon Health Authority; and (b) the Oregon Liquor Control Commission. Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace,health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of ,2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ALAN UNGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 1St Reading: day of ,2015. Date of 2nd Reading: .day of_ , 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney Effective date: day of , 2015. PAGE 2 OF 2-ORDINANCE NO.2015 - REVIEWED Refer to voters: LEGAL COUNSEL prohibit the operation of(medical) marijuana processing sites For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Prohibiting the Establishment of Identified Marijuana Businesses Within * ORDINANCE NO. 2015- Unincorporated Deschutes County; Referral to the Electors. WHEREAS, in November 2014, Ballot Measure 91 legalizing certain recreational use of marijuana was passed by the voters of Oregon; and WHEREAS, section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400) provides that a county may adopt an ordinance—conditioned upon referral to the electors of the county at the General Election on November 8, 2016—that prohibits the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area subject to the jurisdiction of the county; and WHEREAS, the Board of County Commissioners is concerned that the establishment of identified marijuana businesses within the unincorporated areas of the county will have significant impacts that were not fully identified or addressed in Ballot Measure 91; and WHEREAS, on August 12, 2015, November 5, 2015, November 12, 2015, and December 2, 2015, noticed public hearings were held in Deschutes County to receive and consider public input specific to marijuana businesses,including possible opt out options; and WHEREAS, the Board of County Commissioners refers the question of whether to prohibit the operation of(medical) marijuana processing sites to the voters of Deschutes County,now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. In accordance with section 134,chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400), the following are prohibited in the unincorporated area subject to the jurisdiction of Deschutes County: (a) Marijuana processing sites registered under section 85 of HB3400A(2015); Section 2. This ordinance shall be referred to the electors of Deschutes County at the General Election on Tuesday, November 8, 2016. Section 3. The text of this ordinance shall be provided to (a) the Oregon Health Authority; and (b) the Oregon Liquor Control Commission. PAGE 1 OF 2-ORDINANCE NO.2015 - Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of , 2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ALAN UNGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 1st Reading: day of ,2015. Date of 2nd Reading: day of , 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney Effective date: day of , 2015. PAGE 2 OF 2-ORDINANCE NO.2015 - REVIEWED Refer to voters: prohibit the operation LEGAL COUNSEL of medical marijuana dispensaries For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Prohibiting the Establishment of Identified Marijuana Businesses Within * ORDINANCE NO. 2015- Unincorporated Deschutes County; Referral to the Electors. WHEREAS, in November 2014, Ballot Measure 91 legalizing certain recreational use of marijuana was passed by the voters of Oregon; and WHEREAS, section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400) provides that a county may adopt an ordinance—conditioned upon referral to the electors of the county at the General Election on November 8, 2016—that prohibits the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area subject to the jurisdiction of the county; and WHEREAS, the Board of County Commissioners is concerned that the establishment of identified marijuana businesses within the unincorporated areas of the county will have significant impacts that were not fully identified or addressed in Ballot Measure 91; and WHEREAS, on August 12, 2015, November 5, 2015, November 12, 2015, and December 2, 2015, noticed public hearings were held in Deschutes County to receive and consider public input specific to marijuana businesses, including possible opt out options; and WHEREAS, the Board of County Commissioners refers the question of whether to prohibit the operation of medical marijuana dispensaries to the voters of Deschutes County,now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. In accordance with section 134,chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400), the following are prohibited in the unincorporated area subject to the jurisdiction of Deschutes County: (a) Medical marijuana dispensaries registered under ORS 475.314; Section 2. This ordinance shall be referred to the electors of Deschutes County at the General Election on Tuesday,November 8, 2016. Section 3. The text of this ordinance shall be provided to (a) the Oregon Health Authority; and (b) the Oregon Liquor Control Commission. PAGE 1 OF 2-ORDINANCE NO.2015 - Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace,health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of ,2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ALAN UNGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 1st Reading: day of ,2015. Date of 2nd Reading: day of , 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney Effective date: day of , 2015. PAGE 2 OF 2-ORDINANCE NO.2015 - REVIEWED Refer to Voters: prohibit the LEGAL COUNSEL operation of marijuana producers For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Prohibiting the Establishment of Identified Marijuana Businesses Within * ORDINANCE NO. 2015- Unincorporated Deschutes County; Referral to the Electors, WHEREAS, in November 2014, Ballot Measure 91 legalizing certain recreational use of marijuana was passed by the voters of Oregon; and WHEREAS, section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400) provides that a county may adopt an ordinance—conditioned upon referral to the electors of the county at the General Election on November 8, 2016—that prohibits the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area subject to the jurisdiction of the county; and WHEREAS, the Board of County Commissioners is concerned that the establishment of identified marijuana businesses within the unincorporated areas of the county will have significant impacts that were not fully identified or addressed in Ballot Measure 91; and WHEREAS, on August 12, 2015, November 5, 2015, November 12, 2015, and December 2, 2015, noticed public hearings were held in Deschutes County to receive and consider public input specific to marijuana businesses, including possible opt out options; and WHEREAS, the Board of County Commissioners refers the question of whether to prohibit the operation of marijuana producers to the voters of Deschutes County, now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. In accordance with section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400), the following are prohibited in the unincorporated area subject to the jurisdiction of Deschutes County: (a) Marijuana producers licensed under section 19, chapter 1, Oregon Laws 2015; Section 2. This ordinance shall be referred to the electors of Deschutes County at the General Election on Tuesday,November 8, 2016. Section 3. The text of this ordinance shall be provided to (a) the Oregon Health Authority; and (b) the Oregon Liquor Control Commission. PAGE 1 OF 2-ORDINANCE NO.2015 - Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist,and this Ordinance takes effect on its passage. Dated this_ of , 2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ALAN LINGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 1st Reading: day of , 2015. Date of 2"d Reading: day of , 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney Effective date: day of , 2015. PAGE 2 OF 2-ORDINANCE NO.2015 - REVIEWED Refer to Voters: prohibit the LEGAL COUNSEL operation of marijuana processors For Recording Stamp Only BEFORE TIIE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Prohibiting the Establishment of Identified Marijuana Businesses Within * ORDINANCE NO. 2015- Unincorporated Deschutes County; Referral to the Electors. WHEREAS, in November 2014, Ballot Measure 91 legalizing certain recreational use of marijuana was passed by the voters of Oregon; and WHEREAS, section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400) provides that a county may adopt an ordinance—conditioned upon referral to the electors of the county at the General Election on November 8, 2016—that prohibits the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area subject to the jurisdiction of the county; and WHEREAS, the Board of County Commissioners is concerned that the establishment of identified marijuana businesses within the unincorporated areas of the county will have significant impacts that were not fully identified or addressed in Ballot Measure 91; and WHEREAS, on August 12, 2015, November 5, 2015, November 12, 2015, and December 2, 2015, noticed public hearings were held in Deschutes County to receive and consider public input specific to marijuana businesses, including possible opt out options; and WHEREAS, the Board of County Commissioners refers the question of whether to prohibit the operation of marijuana processors to the voters of Deschutes County,now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. In accordance with section 134,chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400), the following are prohibited in the unincorporated area subject to the jurisdiction of Deschutes County: (a) Marijuana processors licensed under section 20, chapter 1,Oregon Laws 2015; Section 2. This ordinance shall be referred to the electors of Deschutes County at the General Election on Tuesday,November 8, 2016. Section 3. The text of this ordinance shall be provided to (a) the Oregon Health Authority; and (b) the Oregon Liquor Control Commission. PAGE 1 OF 2-ORDINANCE NO.2015 - Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of , 2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ALAN UNGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 15t Reading: day of ,2015. Date of 2nd Reading: day of , 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney Effective date: day of , 2015. PAGE 2 OF 2-ORDINANCE NO.2015 - REVIEWED Refer to Voter: prohibit the operation LEGAL COUNSEL of marijuana retailers For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Prohibiting the Establishment of Identified Marijuana Businesses Within * ORDINANCE NO. 2015- Unincorporated Deschutes County; Referral to the Electors. WHEREAS, in November 2014, Ballot Measure 91 legalizing certain recreational use of marijuana was passed by the voters of Oregon; and WHEREAS, section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400) provides that a county may adopt an ordinance—conditioned upon referral to the electors of the county at the General Election on November 8, 2016—that prohibits the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area subject to the jurisdiction of the county; and WHEREAS, the Board of County Commissioners is concerned that the establishment of identified marijuana businesses within the unincorporated areas of the county will have significant impacts that were not fully identified or addressed in Ballot Measure 91; and WHEREAS, on August 12, 2015, November 5, 2015, November 12, 2015, and December 2, 2015, noticed public hearings were held in Deschutes County to receive and consider public input specific to marijuana businesses, including possible opt out options; and WHEREAS, the Board of County Commissioners refers the question of whether to prohibit the operation of marijuana retailers to the voters of Deschutes County,now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,OREGON, ORDAINS as follows: Section 1. In accordance with section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400), the following are prohibited in the unincorporated area subject to the jurisdiction of Deschutes County: (a) Marijuana retailers licensed under section 22,chapter 1, Oregon Laws 2015; Section 2. This ordinance shall be referred to the electors of Deschutes County at the General Election on Tuesday,November 8, 2016. Section 3. The text of this ordinance shall be provided to (a) the Oregon Health Authority; and (b) the Oregon Liquor Control Commission. PAGE 1 OF 2-ORDINANCE NO.2015 - Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of , 2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ALAN UNGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 1st Reading: day of ,2015. Date of 2nd Reading: day of , 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone _ Alan Unger Tammy Baney Effective date: day of , 2015. PAGE 2 OF 2-ORDINANCE NO.2015 - REVIEWED Refer to Voters: LEGAL COUNSE L prohibit the operation of marijuana wholesalers For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Prohibiting the Establishment of Identified Marijuana Businesses Within * ORDINANCE NO. 2015-_ Unincorporated Deschutes County; Referral to the Electors. WHEREAS, in November 2014, Ballot Measure 91 legalizing certain recreational use of marijuana was passed by the voters of Oregon; and WHEREAS, section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400) provides that a county may adopt an ordinance—conditioned upon referral to the electors of the county at the General Election on November 8, 2016—that prohibits the establishment of any one or more of the six categories of state licensed or registered marijuana businesses in the unincorporated area subject to the jurisdiction of the county; and WHEREAS, the Board of County Commissioners is concerned that the establishment of identified marijuana businesses within the unincorporated areas of the county will have significant impacts that were not fully identified or addressed in Ballot Measure 91; and WHEREAS, on August 12, 2015, November 5, 2015, November 12, 2015,. and December 2, 2015, noticed public hearings were held in Deschutes County to receive and consider public input specific to marijuana businesses, including possible opt out options; and WHEREAS, the Board of County Commissioners refers the question of whether to prohibit the operation of marijuana wholesalers to the voters of Deschutes County,now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. In accordance with section 134, chapter 614, Oregon Laws 2015 (Enrolled House Bill 3400), the following are prohibited in the unincorporated area subject to the jurisdiction of Deschutes County: (a) Marijuana wholesalers licensed under section 21, chapter 1, Oregon Laws 2015; Section 2. This ordinance shall be referred to the electors of Deschutes County at the General Election on Tuesday,November 8, 2016. Section 3. The text of this ordinance shall be provided to (a) the Oregon Health Authority; and (b) the Oregon Liquor Control Commission. PAGE 1 OF 2-ORDINANCE NO.2015 - Section 4. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace,health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. Dated this of ,2015 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair ALAN UNGER, Vice Chair ATTEST: Recording Secretary TAMMY BANEY, Commissioner Date of 151 Reading: day of ,2015. Date of 2nd Reading: day of , 2015. Record of Adoption Vote Commissioner Yes No Abstained Excused Anthony DeBone Alan Unger Tammy Baney Effective date: day of , 2015. PAGE 2 OF 2-ORDINANCE NO.2015 -