2016-244-Minutes for Meeting May 09,2016 Recorded 6/10/2016DESCHUTES
NANCY BLANKENSHIP,FRECORDS COUNTY CLERKCJ 2016'244
COMMISSIONERS JOURNAL 06/10/2016 01:52:55 PM
IIIIIIIIIIIIIIIIIIIIIIf I IIIII
2016-244
For Recording Stamp Only
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS,
MONDAY, MAY 9, 2016
Present were Commissioners Alan Unger, Tammy Baney, and Anthony DeBone.
Also present were County Administrator Tom Anderson, Deputy County
Administrator Erik Kropp, and County Counsel David Doyle. Various members of
the community and media attended.
Chair Unger opened the meeting at 1:30 p.m.
1. PLEDGE OF ALLEGIANCE
2. DELIBERATIONS ON MARIJUANA -RELATED LAND USE AND
OTHER ISSUES
Matt Martin, Associate Planner, and Nick Lelack, Community Development
Director, gave a recap of where the process of discussion is today. The
presentation can be located on the Deschutes County website under the Board
of County Commissioners' webpage. The meeting of May 4, 2016 had
included discussions on the production standards of medical and recreational
marijuana.
Minutes of Board of Commissioners' Work Session
Monday, May 9, 2016 Page 1 of 5
Continuation of Discussion on Production Specific Use Standards:
Minimum Parcel/Lot Size: Staff requested clarification on production
standards regarding minimum parcel or lot size. The Planning Commission
recommends a 20 -acre minimum. Commissioner Baney commented on the
challenge with lot size, since it should be based on the issue and on mitigating
the impacts. Commissioner DeBone agreed that sight, sound, odor and access
need to be considered. Chair Unger opined the size of the parcel is not as
important as how the owner manages the property.
Discussion was held on parcel and building sizes. Agreement was reached that
any grow needs to be fully enclosed, and the definition of a building needs to be
traditional and include four constructed walls and a roof. They supported
starting with a 10 -acre parcel size and consider there may be exceptions. To
mitigate odor, outdoor grows and hoop houses will be prohibited. Discussion
was held on indoor versus outdoor grows. The definition of an outdoor grow is
anything that does not use artificial light and has plants that grow in the ground.
There was agreement to not allow outdoor grows.
Zones: All Commissioners agreed to not allow production in the Rural
Residential — RR10 zone. Discussion was held on the minimum parcel size for
Exclusive Farm Use (EFU) and Multiple Use Agriculture (MUA 1 0) zones.
Discussion was held on building size verses lot size. Consideration was made
for 10 -acre minimums for EFU and MUAl O. Discussion was held on facilities,
including all structures necessary for that particular use and consideration of the
impacts.
Questions were raised on rules set by the Oregon Liquor Control Commission
(OLCC). Mr. Martin noted the OLCC continues to refine its rules.
Commissioner DeBone suggested matching the OLCC license requirements.
Discussion was held on other zones, including Forest Zones, Rural Industrial,
and Title 19 Urban Areas. The only area in those zones to include would be
rural industrial at Deschutes Junction, but recognizing there is a school there.
Limit Number of Licenses Per Parcel: All Commissioners agreed only one
license would be allowed per parcel.
Access: Discussion was held on traffic and direct access roads.
Minutes of Board of Commissioners' Work Session Monday, May 9, 2016 Page 2 of 5
Screenina: Discussion held on buffering and reducing visual impacts. OLCC
does require screening so the plants cannot be visible from off site. One way to
screen is with an 8 -foot sight -obscuring fence. Commissioner Baney would like
a fence to look like a fence. Screening should blend in with the natural
environment and appear with muted earth tones. All Commissioners agreed
that the screening standards should be applied to existing operations as well.
Buildings should appear as traditional agricultural buildings.
Water: There is a great deal of public concern regarding water usage. In the
permit process, it should be noted there are regulatory processes that need to be
followed with the various state agencies. Those approvals have to be in place
before proceeding with the County.
Security Cameras: They need to specify if security cameras are installed, that
they should be set to record the subject property and public right of way, and
keep in mind neighbor privacy.
Secure Disposal: Commissioners agreed to use the same wording as OLCC and
OHA and be consistent with medical language as well.
On -Site Residency: Discussion was held on whether the property owner is
required to reside on site. The Commissioners agreed there should be a
residency requirement.
Business License / Annual Reports / Inspections: To ensure compliance, the
requirement will be annual reporting and inspection. Failure to operate as the
allowed use would not be in compliance of County code. Any non-compliance
would be recorded with the property. Mr. Martin will bring the OLCC
requirements to the Board.
Other:
• Prohibited Activity: Both Jackson and Clackamas Counties have listed in
their codes three activities that are prohibited: farm dwelling, farm stands,
and commercial activity. Commissioner Baney would like to review further
information regarding farm dwellings. Commissioners Unger and DeBone
would like to prohibit all three activities.
Complaints: Complaints made on a property growing marijuana need to be
made by an affected party as a neighbor of an adjoining property.
Minutes of Board of Commissioners' Work Session Monday, May 9, 2016 Page 3 of 5
• County Administrator Anderson gave input on the annual reviews and
inspection, to consider Community Development Department (CDD)
language if a property fails the annual inspection. Discussion was held on
the possibility of losing a license. CDD will draft the appropriate language.
• Energy: Communications between the landowners and the utility companies
should occur. The applicant must provide a 'will serve' letter from the
utility company stating it can serve the proposed development.
At this time, Chair Unger called for a five-minute recess. The meeting resumed
at 3:58 p.m.
Discussions on Processing Specific Use Standards:
Home Occupations: Randy Scheid, Deschutes County Building Official, was
present to allow for a resource for the Commissioners. The recommendation is
to not allow for home occupations in the standards for processing. Processing
is converting the plant materials into a different product. Concerns were raised
on potential explosions and flammable products.
Lighting: The same standard for production will apply, and existing businesses
will be required to be in compliance.
Odor: The same standards for production will apply.
Noise: The same standards for production will apply, and there was a
suggestion for an allowable noise level of 40 decibels at the property line from
10 p.m. to 7 a.m.
Separation Distances: These should mirror standards for production.
Yard Setbacks: The Planning Commission recommends a distance of 200 feet.
Discussion was held on property impacts. Commissioner Baney agrees with the
200 -foot setback as recommended by the Planning Commission. Commissioner
Unger and DeBone would consider 100 -foot set back.
Minimum parcel or lot size: This would parallel the requirement for production
standards.
Minutes of Board of Commissioners' Work Session Monday, May 9, 2016 Page 4 of 5
Access: There is a need to clarify that setbacks cannot be used for parking or
other activities. Discussion was held on the hope of creating an appropriate
limit and keeping within the scope of rural life. Discussion was held on the
impacts of traffic. Discussion was also held regarding ADA considerations for
employees.
Fire Protection: Mr. Scheid noted he works with the Fire Marshal concerning
building fire protection. Discussion was held on combustible and flammable
products, and available water requirements noted for a level of protection.
Water Source: Same standards as production.
Business License: Same standards as production.
On-site Residency: Same standards as production.
Chair Unger noted that deliberations will be continued at the Commissioners'
Business meeting of Wednesday, May 11, 2016, at 10:00 a.m. The Community
Development Department will draft materials to review at that time.
3. Adjourn.
Being no further discussion, the meeting was adjourned at 5:07 p.m.
APPROVED this Day of
Deschutes County Board of Commissioners.
ATTEST
Ai/
Recording Secretary
Alan Unger, Chair
1_
Tammy Baney, Vie Chair
2016 for the
Anthony DeBone, Commissioner
Minutes of Board of Commissioners' Work Session Monday, May 9, 2016 Page 5 of 5
LOUDNESS COMPARISON CHART (dBA)
Common Outdoor Noise Level Common Indoor
Activities
Activities (dBA)
Jet Fly -over at 1000 ft)
Gas Lawn Mower at 3 ft)
Diesel Truck at 50 ft at 50 mph
Noisy Urban Area, Daytime
Gas Lawn Mower at 100 ft
Commercial Area
Heavy Traffic at 300 ft
Quiet Urban, Daytime)
Quiet Urban, Nighttime)
Quiet Suburban, Nighttime)
Quiet Rural, Nighttime
Lowest Threshold of Human Hearing
Rock Band
Food Blender at 3 ft
Garbage Disposal at 3 ft
Vacuum Cleaner at 10 ft
Normal Speech at 3 ft
Large Business Office
Dishwasher Next Room
Theater,
Large Conference Room (Background)
(\Library
Bedroom at Night,
Concert Hall (Background)
Broadcast/Recording Studio
Lowest Threshold of Human Hearing
An increase of 3 dBA is barely perceptible to the human ear.
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C. The siting standards of DCC 18.16.023(D) apply when a dwelling under DCC 18.16.020(J) qualifies for
replacement because the dwelling:
1. Formerly had the features described in DCC 18.16.023(A)(1)(a) through (d);
2. Was removed from the tax roll as described in DCC 18.16,023(A)(3); or
3. Had a permit that expired as described under DCC 18.16.023(E)(2)
D. The replacement dwelling per DCC 18.16.023(C) must be sited on the same lot or parcel:
1. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line,
forest boundary or another natural boundary of the lot or parcel; and
2. If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area,
within a concentration or cluster of structures or within 500 yards of another structure.
3. Replacement dwellings that currently have the features described in DCC 18.16.023(A)(1)(a)
through (d) and that have been on the tax roll as described in 18.16.023(A)(2) may be sited on any
part of the same lot or parcel.
E. A replacement dwelling permit that is issued under DCC 18.16.020(J):
1. Is a land use decision as defined in ORS 197.015 where the dwelling to be replaced:
a. Formerly had the features described in DCC 18.16.023(A)(1)(a) through(d); or
b. Was removed from the tax roll as described in DCC 18.16.023(A)(3).
2. Is not subject to the time to act limits of ORS 215.417; and
3. If expired before January 1, 2014, shall be deemed to be valid and effective, if, before January 1,
2015, the holder of the permit:
a. Removes, demolishes or converts to an allowable nonresidential use the dwelling to be
replaced; and
b. Causes to be recorded in the deed records of the County a statement that the dwelling to be
replaced has been removed, demolished or converted.
F. A temporary residence approved under DCC 18.116.080 or 18.116.090 is not eligible for replacement
under this section.
(Ord. 2014-010 §1, 2014)
18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC
Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable.
A. Dwellings customarily provided in conjunction with farm use (farm -related dwellings), subject to DCC
18.16.050.
B. A relative farm assistance dwelling, subject to DCC 18.16.050.
C. Churches and cemeteries in conjunction with churches consistent with ORS 215.441 and OAR 660-033-
0130(2) on non -high value -farmland.
D. Expansion of an existing church or cemetery in conjunction with a church on the same tract as the
existing use, subject to Oregon Administrative Rules 660-033-0130.
E. Utility facilities necessary for public service, including wetland waste treatment systems, but not
including commercial facilities for the purpose of generating electrical power for public use by sale and
transmission towers over 200 feet in height. A utility facility necessary for public service may be
established as provided in:
1. DCC 18.16.038(A); or
2. DCC 18.16.038(E) if the utility facility is an associated transmission line, as defined in ORS
469.300.
F. Winery, as described in ORS 215.452.
G. Farm stands, subject to DCC 18.16.038.
H. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may be
reasonably necessary.
Chapter 18.16 4 (04/2014)
1916-ttil
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - wvvw.deschutes.or2
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., MONDAY, MAY 9, 2016
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects
anticipated to be addressed 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.
Work Sessions allow the Board to discuss items in a less formal setting. Citizen
comment is not allowed, although it may be permitted at the Board's discretion.
If allowed, citizen comments regarding matters that are or have been the
subject of a public hearing process will NOT be included in the official record
of that hearing. Work Sessions are not normally video or audio recorded, but
written minutes are taken for the record.
1. Deliberations on Marijuana -related Land Use and Other Issues — Matt Martin
and Nick Lelack
2. 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.
Meeting dates, times and discussion items are subject to change. All meetings are conducted 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.
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.harmsdeschutes.orq.
Board of Commissioners' Work Session Agenda
Monday, May 9, 2016 Page 1 of 2
Executive sessions are closed to the public; however, with few exceptions and
under specific guidelines, are open to the media.
3. Adjourn
Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners ' meeting
rooms at 1300 NW Wall Si., Bend, unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572.
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.harmsdeschutes.orb.
Board of Commissioners' Work Session Agenda Monday, May 9, 2016 Page 2 of 2