2017-101-Minutes for Meeting January 23,2017 Recorded 3/7/2017TES
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DESCHUTES
NANCY BLANKENSHIP,FRECORDS COUNTY CLERKCJ 1011'101
COMMISSIONERS' JOURNAL 03107/2017 11;49;20 Ah)
KI1111111111111111111
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, January 23, 2017
Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present
were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; Dave
Doyle, County Counsel; and Sharon Ross, Administrative Assistant. Two citizens and two
representatives of the media were in attendance.
CALL TO ORDER: Chair Baney opened the meeting at 1:32 p.m.
ACTION ITEMS
1. Finance / Tax Update
Wayne Lowry, Finance Director, presented the monthly investment reports as of December
31, 2016. He reviewed the portfolio breakdown by investment type. An investment
advisory committee that includes four citizens with financial backgrounds meets twice per
year to review the investments. Commissioner DeBone is also a member of the committee.
Also provided was a listing of Deschutes County Investments.
The December financial reports for the following funds were reviewed: General fund,
Community Justice -Juvenile, Sheriff's, Health Services, Community Development, Road,
Community Justice -Adult, Solid Waste, Insurance Fund, 9-1-1, Health Benefits Trust, Fair &
Expo, Justice Court, and Transient Room Tax. Review of the statements of financial
Minutes of Board of Commissioners' Work Session
January 23, 2017 Page 1 of 4
operating data was made on each of the funding areas. Items of interest were noted in the
footnotes for each fund. (see attached pages)
2. Fiscal Year 2017 — 2018 Budget Assumptions
From discussions at the Board retreat last week, the interest was expressed to review the
fiscal year 2017-2018 budget assumptions as presented at the December 13, 2016 budget
meeting. Mr. Lowry highlighted the following areas: general fund transfers, general fund
departments, cost of living adjustments, health premium to departments, and preliminary
assessed value increase, fiscal year 2108 PERS employer rates, and county tax levies. The
Departmental budget kick-off meeting is scheduled for this Thursday. This year's budget
hearings are scheduled for June 6th — 9th
3. Briefing on Proposal to Amend Deschutes County Code (DCC) Chapter 18.116.090 to Allow
an Existing Building in the Exclusive Farm Use (EFU) Zone to be Used as a Medical
Hardship Temporary Dwelling
Peter Russell, Senior Transportation Planner, and Nick Lelack, Community Development
Director presented information regarding the public hearing that is scheduled January 30,
2017. Currently County Code is more restrictive than state law and only allows
manufactured homes or RVs to be used as medical hardship dwellings in all zones. This
causes additional financial hardships. The hearing relates to EFU zones but another request
for consideration has come from a resident in the Forest zone that would also like to be
considered in this proposal to amend the code. Since this additional zone was not a part of
the original text amendment, should the Board choose to proceed, the public hearing would
need to be extended. The Board could open the hearing on January 30th and receive
testimony and could continue the hearing to a date certain to receive further testimony.
The Commissioners support opening the hearing on January 30th due to the public
notification and continue to a date certain allowing the consideration of inclusion of the
Forest zones in the text amendment.
At this time, a short recess was taken. The meeting was back in session at 3:18 p.m.
Minutes of Board of Commissioners' Work Session
January 23, 2017 Page 2 of 4
4. Consideration of Appeal of Marijuana Production Land Use Decision
Jacob Ripper, Associate Planner, and Nick Lelack, Community Development Director were
present to review consideration of hearing an appeal of an administrative decision
approving a marijuana production application. Mr. Lelack introduced Mr. Ripper as a new
planner with CDD.
An application was submitted asking for approval of a marijuana production facility in the
Exclusive Farm Use zone at the location of 23105 Alfalfa Market Road in Bend. Two letters
of opposition have been received. Determining the applicant had met applicable criteria
the Planning Division issued an administrative decision without a public hearing. The
decision was sent to neighboring properties and was appealed claiming discrepancy on the
application regarding square footage.
Two orders were presented to the Board asking for consideration of accepting or denying
review of the administrative decision. Discussions held to determine whether to hear an
appeal. The appellant represents a small group of neighbors. This is the first appeal for a
marijuana production application and the appeal deadline is today at 5:00 p.m.
Commissioners DeBone and Baney suggested hearing the appeal. Commissioner Henderson
stated he would prefer sending this case for a hearing's officer decision.
DEBONE: Move adoption of Order No. 2017-001 Accepting Review of
Administrative Decision in File No. 247 -16 -000600 -AD.
HENDERSON: Second.
VOTE: DEBONE: Yes.
HENDERSON: No.
BANEY: Chair votes yes. Motion carried
OTHER ITEMS
• A request for a letter of support regarding 15 -minutes histories project was presented
on behalf of the Deschutes Public Library and Deschutes County Historical Society for an
Oregon Heritage Excellence Award. Board supported the letter to the Oregon Heritage
Commission.
• County Administrator Anderson brought forward the concept from Public Information
Officer Whitney Hale to capture the Board in video for Friday Update thanking staff for
their response to the recent snow event. The Board will meet with the Road and
Minutes of Board of Commissioners' Work Session
January 23, 2017 Page 3 of 4
Facilities department at their morning briefings over the next week. Prior to the next
Business Meeting Ms. Hale will record a video of the Board for Friday Update.
• County Administrator Anderson will clarify the date and time of the Joint Meeting with
the City of La Pine. The tentative date is February 8th
At this time of 3:56 p.m. the Board entered into Executive Session under ORS 192.660 (2)(d)
labor negotiations. The Board adjourned Executive Session at 4:24 p.m.
OTHER:
• Request for Evening Meetings: An email request was sent to the Board asking for
consideration of holding evening meetings at various locations throughout the County.
The Board has held public meetings during the evening hours with various topics specific
to that community. The Board reminds the public they are always available by phone,
email, and appointments in their offices.
ADJOURN: Being no further discussion, the meeting adjourned at 4:29 p.m.
DATED this Day ofI/6LM.rL4/''2017 for the
Deschutes County Board of Commissioners.
Recording Secr�tary
Minutes of Board of Commissioners' Work Session
7/7.5%1A/V
Tammy Baney, Ch
Anthony DeBone, Vice Chair
Philip G. Henderson, Commissioner
January 23, 2017 Page 4 of 4
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, MONDAY, JANUARY 23, 2017
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
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.
CALL TO ORDER
ACTION ITEMS
1. Finance/Tax Update - Wayne Lowry, Finance Director/Treasurer
2. Fiscal Year 2017-2018 Budget Assumptions - Wayne Lowry, Finance Director/Treasurer
3. Briefing on Proposal to Amend Deschutes County Code (DCC) Chapter 18.116.090 to
Allow an Existing Building in the Exclusive Farm Use (EFU) Zone to be Used as a
Medical Hardship Temporary Dwelling. - Peter Russell, Senior Planner
4. Consideration of Appeal of Marijuana Production Land Use Decision - Jacob Ripper,
Associate Planner
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.
Board of Commissioners Work Session Agenda
Monday, January 23, 2017 Page 1 of 2
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.
ADJOURN
Executive Session
1. Executive Session under Labor Negotiations ORS 192.660 (2)(d)
2. Executive Session under pending Real Property Negotiations ORS 192.660
(2)(e)
To watch this meeting on line, go to: www.deschutes.orq/meetings
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.
ElDeschutes 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.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.ora/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners Work Session Agenda
Monday, January 23, 2017 Page 2 of 2
Monthly Meeting with Board of Commissioners
Finance Director/Treasurer
AGENDA
January 23, 2017
(1) Monthly Investment Reports — December 2016
(2) December Financials
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Investments By County Function
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Deschutes County Investments
Portfolio Management
Portfolio Details - Investments
December 31, 2016
CUSIP Security
91159HHD5 US Bancorp
91412GUU7 University of California
961214CH4 Westpac
WASH FED CD Washington Federal CD
3136FPYB7 Federal National Mtg Assn
Purchase
Broker Date
CASTLE 4/23/2015
PJ 12/19/2016
CASTLE 4/7/2015
5/20/2015
VINISP 2/7/2014
31771CS97 FICO Strip CASTLE 12/9/2014
89233GTC0 Toyota CP CASTLE 9/20/2016
48125LRD6 JPMorgan Chase - Corporate N CASTLE 6/10/2016
29270CYZ2 Bonneville Power Administratio CASTLE 4/24/2014
84247PHS3 Southern CA Public Power Autho CASTLE 6/17/2014
3137EADV8 Federal Home Loan Mtg Corp MBS 5/29/2915
459056JW8 International Bonds for Recons CASTLE 11/29/2016
298191N37 Eugene Power R W B 12/13/2016
005158VE7 Ada County SD PJ 6/1/2015
675371AT5 Oceanside California Pension PJ 5/20/2016
3130A62S5 Federal Home Loan Bank CASTLE 7/24/2015
912828TM2 U.S. Treasury CASTLE 9/10/2014
912828TM2 U.S. Treasury
CASTLE 2/19/2015
94974BGB0 _Wells Fargo Corporate Note DA DAV 3/8/2016
313383788 Federal Home Loan Bank VINISP 12/26/2013
912828PA2 U.S. Treasury CASTLE 9/10/2015
31771JMR8 FICO Strip 'CASTLE 10/22/2015
31771KAD90 FICO Strip DA DAV 12/10/2014
427542KW4 Hermiston OR DA DAV 9/21/2016
494751DH0 King County Washington FPD PJ 12/15/2015
36960458C6 General Electric - Corporate N CASTLE 9/6/2016
SYS10520 Lewis & Clark Bank
880591CU4 Tennessee Valley Authority
88059FAZ4 Tennessee Valley Authority
961214BZ5 Westpac
740189AK1 Precision Castpans Corp
949748FG0 Wells Fargo Corporate Note
94988J5A1 Wells Fargo Corporate Note
90331 HMQ3 U S Bank - Corp Note
92976WBH8 Wachovia Corp
31771EAL5 FICO Strip
31771EAL5 FICO Strip
3130A77L3 Federal Home Loan Bank
3134G8M71 _Federal Home Loan Mtg Corp
06050TLY6 Bank of Amenca - Corporate
06050TLY6 Bank of Amenca • Corporate
06050TLY6 Bank of America - Corporate
880591E02 Tennessee Valley Authority
880591E02 Tennessee Valley Authority
880591E02 Tennessee Valley Authority
68607VG66 Oregon State Lottery
68607VA96 Oregon State Lottery
912828XA3 U.S. Treasury
0846648E0 Berkshire Hathaway Inc
0846649E0 Berkshire Hathaway Inc
0846646E0 Berkshire Hathaway Inc
3130A87B3 Federal Home Loan Bank
3132XOLRO Federal Agriculture Mtg Corp
98385XAP1 XTO Energy Inc _
904-121NCO Umatilla School District
166764AE0 Chevron Corp
166764A00 Chevron Corp CASTLE
939307HF4 Hillsboro SD Pension Bonds PJ
938429M46 Washington County SD Municipal PJ
3135GOL43 Federal National Mtg Assn CASTLE
88059EMT8 Tennessee Valley Authority DA DAV
3133EGNU5 Federal Farm Credit Bank
313409067 Federal Home Loan Mtg Corp
544351 KMO Los Angeles Calif Go Ref Bds
3134GAKF0 Federal Horne Loan Mtg Corp
3134G8UN7 Federal Home Loan Mtg Corp
3134G9YA9 Federal Home Loan Mtg Corp
3134GAND3 Federal Home Loan Mtg Corp
3133EFJP3 Federal Farm Credit Bank
89236TAY1 Toyota Mt Cred - Corp N
912828WD8 U.S. Treasury
912828T83 U.S, Treasury
91159HHFO US Bancorp
3134GAVU51 Federal Home Loan Mtg Corp
427542KX2 Hermiston OR
31771EAN1 FICO Strip
912828A75 U.S Treasury
459058FC2 International Bonds for Recons
250351 FJ7 Deschutes County Ore Sch Dist
3137EAB1 Federal Home Loan Mtg Corp
3135GON33 _Federal National Mtg Assn
06406HCW7 Bank of New York Mellon Corp
313586RC5 Federal National Mtg Assn
313586RC5 Federal National Mtg Assn
313586RC5 Federal National Mtg Assn
3135GOR39 Federal National Mtg Assn
912828F62 U.S. Treasury
912828073 U.S. Treasury
594918AY0 Microsoft Corp
686053DH9 Oregon School Boards Assoc
68605 'DH9 Oregon School Boards Assoc
4922440V7 Kern Community College
Local Govt Investment Pool
Bank of the Cascades
Maturity Days To Ratings Coupon Par Market
Date Maturity S&P Moody's Rate YTM 365 Value Value
5/15/2017 134 A+
5/15/2017 134 AA
5/19/2017 138 AA -
5/22/2017 141
5/23/2017 142 AA+
6/6/2017 156
6/12/2017 162 A-1
6/14/2017 164 A+
7/1/2017 181 AA -
7/1/2017 181 ,AA -
7/14/2017 194
7/15/2017 195 AAA
8/1/2017 212 AA -
8/15/2017 226 AA+
8/15/2017 226 AA
8/28/2017 239
8/31/2017 242 AAA
8/31/2017 242 AAA
9/8/2017 250 A
9/27/2017 269 AA+
9/30/2017 272 AAA
10/6/2017 278
11/30/2017 333
12/1/2017 334 6A-
12/1/2017 334 AA+
12/6/2017 339 AA+
6/8/2016 12/8/2017 341
CASTLE 12/1/2016 12/15/2017 348 AA+
CASTLE 11/21/2014 12/15/2017 348 6.0+
CASTLE 3/5/2015 1/12/2018 376 AA -
CASTLE 12113/2016 1/15/2018 379 AA -
CASTLE 12/9/2016 1/16/2018 380 A
CASTLE 1/29/2016 1/22/2018 386
CASTLE 11/18/2016 1/26/2018 390 AA -
CASTLE 2/26/2016 2/1/2018 396 A
CASTLE 2/24/2015 2/8/2018 403
CASTLE 2/25/2015 2/8/2018 403
CASTLE 2/16/2016 2/16/2018 411 AA+
CASTLE 2/26/2016 2/26/2018 421 AA+
CASTLE 5/14/2015 3/26/2018 449 A
CASTLE 5/21/2015 3/26/2018 449 A
CASTLE 5/27/2016 3/26/2018 449 A
CASTLE 12/112016 4/1/2018 455 AA+
CASTLE 12/1512016 4/1/2018 455 AA+
CASTLE 12/16/2016 4/1/2018 455 AA+
DA DAV _ 6/12/2015 4/1/2018 455 AAA
DA DAV 6/13/2016 4/1/2018 455 AAA
IPJ 11/30/2016 5/15/2018 499 AA+
CASTLE 9/4/2015 5/15/2018 499 AA+
CASTLE 11/25/2016 5/15/2018 499 AA+
CASTLE 12/12/2016 5/15/2018 499 AA+
VINISP 12/6;2016 5/3012018 514 AA+
PJ 12/8/2016 6/8/2018 523
CASTLE 8/4/2015 6/15/2018 530 AAA
PJ 5/7/2015 6/15/2018 530 AA+
CASTLE 4/15/2016 6/24/2018 539 6.0-
10/11/2016 6/24/2018 539 AA -
3/30/2015 6/30/2018 545
9/6/2016 6/30/2018 545
12/13/2016 7113/2018 558 66+
2/22/2016 7/15/2018 560
CASTLE 8/1/2016 7/27/2018 572 AA+
CASTLE 7/27/2016 7/27/2018 572 AA+
PJ 12/21/2016 9'112018 608
CASTLE 10/18/2016 9/12/2018 619 AA+
CASTLE 3/30/2016 9/28/2018 635 AA+
CASTLE 6/28/2016 9/28/2018 635 AA+
CASTLE _ 9/28/2016 9/28/2018 635 AA+
CASTLE _ 11/4/2016 10/15/2018 652 AA+
CASTLE 1/5/2016 10/24/2018 661 AA -
CASTLE 12/1/2015 10/31/2018 668
CASTLE 12/14/2016 10/31/2018 668
CASTLE 12/1/2016 1 1/15/2018 683
CASTLE 12/28/2016 11/16/2018 684 AA+
DA DAV 9/21/2016 12/1/2018 699 AA -
CASTLE 11/3/2016 12/27/2018 725
CASTLE 6/8/2015 12/31/2018 729 AAA
CASTLE 12/15/2016 4126/2019 845 AAA
PJ 8/16/2016 6/15/2019 895
CASTLE : 7/20/2016 7/19/2019 929 AA+
CASTLE 8/18/2016 8/2/2019 943 AA+
CASTLE _ 11/3/2016 9/11/2019 983 A
CASTLE 12/4/2015 10/9/2019 1011 AA -
_CASTLE 3/17/2016 10/9/2019 1011 AA -
_CASTLE 8/8/2016 10/9/2019 1011 AA -
CASTLE 11/10/2016 10/24/2019 1026 AA+
CASTLE 10/11/2016 10/31/2019 1033 AAA
CASTLE 12/19:2016 12115/2019 1078
CASTLE 8/8/2016, 2/12/2020 1137 AAA
DA DAV 11/2/2015 6/30/2020 1276 AA
CASTLE 6/30/2020 1276 AA
CASTLE . 11/15/2016 11/1/2020 1400 AA -
1.
Book
Value
Al 1.650 0.882 1,000,000 1,001,430 1,002,286
Aa2 1.222 0.993 1,000,000 1,000.630 1,000,844
Aa2 1.200 1.061 2,000,000 2,000,540 2,001,050
0.900 0.913 200,000 200,000 200,000
Aaa 2.050 0.885 1,460,000 1,467,431 1,466,595 - -
Aaa 1.019 1.065 1,028,000 1,024,094 1,023,460 - -
P-1 _ 1.200 1.239 3,000,000 2,983,200 2,983,800 - -
Aa3 1.359 1.272 1,000,000 1,001,070 1,000,000 - -
Aal _ 1.197 1.171 670,000 670,556 670,087 - -
1.145 1.180 1,000,000 1,000,430 999,827 - -
Aaa . 0.750 0.787_ 1,000,000 1,000,170_ 999,803 - -
Aaa 9.250 1.165 1,450,000 1,511,538 1,512,732 - -
Aa2 0.835 1.102 150.000 149.838 149.768 - -
Aa1 3.000_ 0930_ 1,000,000 1,012,420 1,012,715 - -
1.806 1.000 500,000 502,010_ 502,484 - -
Aaa _ 0.750 0.858_ 1,000,000 999,810 999,296 - -
Aaa 0.625 1.061 1,000,000 999,220 997,162 - -
Aaa 0.625_ 0.920 1,000,000_ 999,220 998,077 - -
_62 1.400 1.450 _ 461,000 460,456 460,844 - -
Aaa 1.000 1.250 1,000,000_ 1,001,410 998,200 - -
Aaa _ 1.875 0.803 2,000,000 2,015,400 2,015,789 - -
0.751 0 781 2,000,000 1,983,080 1,988,398 - -
1.205 1.267 2,000,000 1,983,580 1,977,702 - -
_ 2.000_ 0.901 590,000 593,056 595,900 - -
1.220 1.218 230,000 230,186 230,000 - -
Al 5.250 1.050 1,000,000 1,035,940 1,038,711 -
1.000 1.000 240,000 240,000 240,000 - -
6.250 1.011 1,000,000 1,049,430 1.049,668 - -
_ 1.205 1.268 1,059,000 1,046,673 1,046,661 -
Aa2 1.600 1.490 2,000,000 1,998,440 2,002,206 - -
02 1.250 1.318 1,250,000 1,247,525 1,249,117 -
A2 1.500 1.601 2,000,000 1,997,600 1,997,922 - -
Aa2 1.650 1.580 1,000,000 999,970_ 1,000,727 - -
Al 1.350 1.316 2,850,000 2,845,041 2,851,017,12/26/2017
A2 5.750 1.690 1,000,000 1,042,600 1,043,085 - -
_ 1.252 1.318 1,260,000 1,243,607 1,242,334_ -
1.257 1 323 740,000 730,373 729,583 - -
Aaa 1.000 1.000 3,000,000 2,986,620 3,000,000 2/16/2017
1 050 1.050 3,000,000 2,998,170 3,000,000 2/26/2017
Al 1.650 1.570 2,000,000 2,001,860_ 2,001,932 - -
.61 _ 1.650 1.540 1,000,000, 1,000,930 1,001,322 - -
Al 1.650 1.620 1,000,000 1,000,930 1,000,358 - -
Aaa 4.500 1.157 500,000 520.930 520,667 - -
Aaa 4.500 1.156 2.000,000 2.083.720 2.082,719 - -
Aaa 4.509 1.200 2,380,000 2.479.627 2,477,081 -
6A2 5.000 1.120 610,000 638,255 639,039 -
6.62 1.353 0.970 200,000 200,416 200,946_ -
Aaa 1.000_ 1.000_ 2,000,000 1,999,300_ 2,000,000, - -
Aa2 5.400 1.590 1,107,000 1,165,051 1,163,415 -
Aa2 5.400 1.431 500,000 526,220 526,853 - -
Aa2 5,400 1,430 1,774,000 1,867.029 1,869.306 - -
Aaa 1.000 1.141 1,500.000 1.494,945 1,497,341 5/30/2017
1.100 1.100 2,000,000 2,000.000 2,000,000 - -
Aaa 5.500 1500 1,000,000 1,055,160 1,056,771 - -
_ 1.430 1.430 750,000 750,210 750,000 - Aa2 _ 1.718_ 1.191_ 2,000,000 2,006,120 2,015,348 5/24/2018
Aa2 _ 1.718_ 1.259 1,000,000 1,003,060 1,006,643 - -
Aa3 1.732 1.650 985,000 989,649 986,166 - -
Aa3 1.585 0.999 250,000 250,778 252,163 - -
Aaa 0.850 1.221 1,000,000 993,600 997,680 1/13/2017
1.021 1.065 500,000 489,440 492,057 - -
Aaa 0.960 0.960_ 1,000,000 994,140 1,000,000 7/27/2017
Aaa 1 050 1.050 3,000,000 2,988,690 3,000,000 1/27/2017
AA2 1.210 1.209 1,000.000 996,880 1,000,000 - -
Aaa 1.110 1.110 3,000,000 2,994,750 3,000,000 3/12/2017
Aaa 1.200 1.200 2,000,000 1,991,400 2,000,000 3/28/2017
Aaa 1.010 1000 2,520,000 2,501,100 2,520,000 3/28/2017
Aaa 1.050 1.050 4,000,000 3,974,280 4,000,000 3/28/2017
Aaa 1.100 1.100 5,000,000 4,980,500 5,000,000 - -
Aa3 2.000 1.770 784,000 788,641 787,171 - -
1.250 1.223 1,000,000 1,001,600 1,000,490 - -
0.750 1.155 3.000,000 2,978.430 2,978,090 - -
Al 1.396 1.206 2,000.000 2,004.340 2,007,713 10/15/2018
0.625 0.672 4,000,000 3.997.240 3,996.533 5/16/2017
3.000 1.001 605,000 620,113 627,875 - -
_ 0.984 1.025 1,000,000 968,300 980,183 - -
Aaa 1.500 1.324 1,000,000 1,005,820 1,003,412 - -
Aaa 1.250 1.500 2.000,000 1,982.640 1,989.817 4,26,2017
_AA1 1 360 1.360 245,000_ 241,854 245,000 - -
Aaa 0.875 0.957 1,000,000 986,790 997,941 - Aaa 0.875 1.000, 1,000,000 986,110 996,815 -
61 2.300 1.532 1,675,000 1,688,802 1,708,699 8/11/2019
1.891 2031 1,400,000 1,327,620_ 1,325,654 - -
1665 1.774 600,000 568,980 571,945 - -
1.252 1.318 400,000 379,320 385,935 - -
Aaa 1.000 1.173 2,000,000 1,972,360 1,990,479. - -
Aaa 1.500 1.008 2,000,000 2,004,840 2,027,359 - -
1.375 1.606 2.000,009 1,995240 1,986,723 - -
Aaa 1.850 1.298 1,000,000 999,360 1,016,762 1/12/2020
,Aa2 5.373 2.050 875,000 969,071. 971,487 - -
Aa2 . 5.373 1.570 500,000 553,755 564,199 - -
2.893 1.800 500,000 514,010 520,129 - -
1.030 1.030 46,514,183 46,514,183, 46,514,183 - -
_ 1.030 1.030 6,012,703 6,012,703: 6,012,703 - -
179,824,885 180,253-856 180,542,959
Call
Date
4/15/2017
Memorandum
Date: January 17, 2017
To: Board of County Commissioners
Tom Anderson, County Administrator
From: Wayne Lowry, Finance Director \,,,(
RE: Monthly Financial Reports
Attached please find December 2016 financial reports for the following funds: General
(001), Community Justice — Juvenile (230), Sheriffs (255, 701, 702), Health
Services (274), Community Development (295), Road (325), Community Justice —
Adult (355), Solid Waste (610), Insurance Fund (670), 9-1-1 (705), Health Benefits
Trust (675), Fair & Expo Center (618), and Justice Court (123), Transient Room
Tax (160, 170).
The projected information has been reviewed and updated, where appropriate, by the
respective departments.
Cc: All Department Heads
Revenues
Property Taxes - Current
Property Taxes - Prior
Other General Revenues
Assessor
County Clerk
BOPTA
District Attorney
Tax Office
Veterans
Property Management
Total Revenues
Expenditures
Assessor
County Clerk
BOPTA
District Attorney
Tax Office
Veterans
Property Management
Non -Departmental
Total Expenditures
Transfers Out
Total Exp & Transfers
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
GENERAL FUND
Statement of Financial Operating Data
FY 2016
Actual
24, 561, 964
486,113
2,443,495
875,075
1,721,618
12,413
194,675
212,618
98,161
75,000
30,681,131
3,857,613
1,447,322
61,911
5,830,655
751,319
333,745
288,776
1,161,328
13,732,670
15,520,033
29,252,703
1,428,428
9,788,945
$ 11,217,374
Year to Date July 1,
2016 through December
31, 2016 (50.0% of the
year)
Actual
23, 557, 772
267,450
1,635,891
467,014
971,304
7,057
90,586
112,555
24,540
7,500
27,141,670
1,965,252
789,903
32,916
3,035,031
412,878
204,092
131,309
480,591
7,051,972
10, 090, 527
17,142,499
9,999,170
11,217,374
$ 21,216,544
% of
Budget
91%
53%
67%
55%
54%
57%
48%
55%
25%
8%
85%
Budget
a) 25,749,791
500,000
b) 2,450,622
c) 849,349
1,810,837
c) 12,350
188,400
c) 204,730
97,400
94,500
31,957,979
47% d)
39%
48%
47% d)
51%
48%
43% d)
38%
45%
56%
51%
108%
4,187,123
2,043,672
68,890
6,495,527
812,314
422,673
303,213
1,273,153
15,606,565
17,865,428
33,471,993
(1,514,014)
10,411,770
$ 8,897,756
a) Current year taxes received beginning in October
b) Includes annual PILT Grant - $500,000
c) Includes A & T Grant. Received quarterly - YTD includes 1st and 2nd quarters
d) Personnel expenditures projected to be less than budgeted
FY 2017
Projected Variance
25, 749, 791
500,000
2,450,622
849,349
1,810,837
12,350
188,400
204,730
97,400
94,500
31,957,979
4,147,123 40,000
2,043,672
68,890
6,395,527 100,000
812,314
422,673
285,213 18,000
1,273,153
15,448,565 158,000
17,865,428
33,313,993 158,000
(1,356,014) 158,000
11,217,374 805,604
$ 9,861,360 $ 963,604
Page 1
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Revenues
Admin -Operations
Admin -GIS
Admin -Code Enforcement
Building Safety
Electrical
Contract Services
Env Health -On Site Prog
Planning -Current
Planning -Long Range
Total Revenues
Expenditures
Admin -Operations
Admin -GIS
Admin -Code Enforcement
Building Safety
Electrical
Contract Services
Env Health -On Site Pgm
Planning -Current
Planning -Long Range
Transfers Out (D/S Fund)
Total Expenditures
Revenues Tess Expenditures
Transfers In/Out
In: General Fund - L/R Planning
Out: CDD Reserve Funds
Net Transfers In/Out
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
COMMUNITY DEVELOPMENT
Statement of Financial Operating Data
FY 2016
Actual
86,401
877
349,648
2,435,823
572,160
536,646
671,414
1,325,662
686,012
6,664,642
1,621,971
134,450
306,588
836,425
295,001
328,534
346,978
998,174
506,993
163,940
5,539,054
1,125,588
90,783
(1,037,652)
(946,869)
178,719
2,151,773
$ 2,330,492
a) City of Redmond contract cancelled
and Electrical Divisions
Year to Date July 1,
2016 through
December 31, 2016
(50.0% of the year)
% of
Actual Budget
47,792
55
223,254
1,432,162
396,020
313,159
763,320
325,308
3,501,069
874,106
65,935
186,037
638,031
158,535
183,984
539,403
200,925
2,846,957
654,112
(690,800)
(690,800)
(36,688)
2,330,492
$ 2,293,804
Budget
59% 81,551
6% 1,000
51% 436,000
55% 2,600,000
64% 622,500
0% a) 502,500
52% 598,750
57% 1,343,350
50% 656,500
51% 6,842,151
48% 1,818,730
46% 143,702
43% 427,837
44% 1,453,625
51% 313,684
N/A a) -
41% 444,755
46% 1,175,469
44% 452,653
N/A -
46% 6,230,455
N/A
50%
50%
FY 2017
Projected
104,266
150
436,000
2,833,738
688,710
633,250
1,410,225
632,211
6,738,550
1,794,559
143,702
378,860
1,363,904
350,348
401,783
1,198,406
417,953
6,049,515
611,696 689,035
(1,381,600) (1,381,600)
(1,381,600) (1,381,600)
(769,904) (692,565)
148% 1,578,206 2,330,492
$ 808,302 $ 1,637,927 $
Variance
. Services for City of Sisters are reported in the County's Building Safety
22,715
(850)
233,738
66,210
(502,500)
34,500
66,875
(24,289)
(103,601)
24,171
48,977
89,721
(36,664)
42,972
(22,937)
34,700
180,940
77,339
77,339
752,286
829,625
Page 7
Revenues
DOC Grant in Aid SB 1145
CJC Justice Reinvestment
DOC Measure 57
Electronic Monitoring Fee
Probation Superv. Fees
DOC -Family Sentence Alt
Interfund - Sheriff
Gen Fund/Crime Prevention
DOJ/Arrest Grant
Alternate Incarceration
State Subsidy
Interest on Investments
Probation Work Crew Fees
State Miscellaneous
Miscellaneous
Total Revenues
Expenditures
Personnel Services
Materials and Services
Transfer to Veh Maint
Capital Outlay
Total Expenditures
ADULT PAROLE & PROBATION
Statement of Financial Operating Data
FY 2016
Actual
3,650,200
845,836
234,316
175,399
216,170
110,797
50,000
50,000
46,736
19,492
16,317
15,022
9,531
11,623
842
5,452,282
3,770,605
1,489,673
41,472
5,301,750
Revenues Tess Expenditures 150,532
Transfers In -General Fund
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Year to Date July 1,
2016 through
December 31, 2016
(50.0% of the year)
% of
Actual Budget
1,825,084
845,836
240,315
64,662
97,783
110,797
25,002
12,500
11,684
14,633
8,183
14,237
3,889
600
3,275,206
50% a)
100% b)
103% c)
32% d)
47%
100% b)
50%
25% e)
25% e)
73% f)
52% f)
203% g)
65%
0%
120%
60%
Budget
3,650,168
845,836
234,316
200,000
210,000
110,796
50,000
50,000
46,736
20,035
15,610
7,000
6,000
4,300
500
5,451,297
2,088,522 47% h) 4,407,793
726,241 42% h) 1,721,927
11,000 50% 22,000
0% 10,000
2,825,764 46% 6,161,720
449,442 (710,423)
451,189 225,594 50% 451,189
601,721 675,036 (259,234)
863,649 1,465,370 126% 1,162,000
$ 1,465,370 $ 2,140,406 $ 902,766
FY 2017
Projected
Variance
3,650,168
845,836 -
240,315 5,999
175,000 (25,000)
210,000
110,796
50,000
50,000
46,736
20,035
15,610
20,000 13,000
6,000
4,300
600 100
5,445,396 (5,901)
4,300,000 107,793
1,650,000 71,927
22,000
10,000
5,982,000 179,720
(536,604) 173,819
451,189
(85,415) 173,819
1,465,370 303,370
$ 1,379,955 $ 477,189
a) Quarterly payments based on biennial allocation
b) Annual payment based on biennial allocation
c) Received a small grant in addition to biennial allocation
d) Decreased projection due to less fee revenue than budgeted
e) Quarterly reimbursement. First quarter reimbursement request submitted October 13. Awaiting payment
f) Reimbursed based on actual offender expenses. Projection will be updated as necessary
g) Increased projection due to YTD revenue received
h) Decreased projection due to YTD Personnel and Materials & Services expenses
Page 9
Revenues
Inter -fund Charges:
General Liability
Property Damage
Vehicle
Workers' Compensation
Unemployment
Claims Reimb-Gen Liab/Property
Process Fee-Events/Parades
Miscellaneous
Skid Car Training
Transfer In -Fund 340
Interest on Investments
TOTAL REVENUES
Direct Insurance Costs:
GENERAL LIABILITY
Settlement / Benefit
Defense
Professional Service
Insurance
Loss Prevention
Miscellaneous
Repair / Replacement
Total General Liability
PROPERTY DAMAGE
Settlement / Benefit
Insurance
Repair / Replacement
Total Property Damage
VEHICLE
Professional Service
Insurance
Loss Prevention
Repair / Replacement
Total Vehicle
WORKERS' COMPENSATION
Settlement / Benefit
Professional Service
Insurance
Loss Prevention
Miscellaneous
Total Workers' Compensation
UNEMPLOYMENT - Settlement/Benefits
Total Direct Insurance Costs
Insurance Administration:
Personnel Services
Materials & Srvc, Capital Out. & Tranfs.
Total Expenditures
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
RISK MANAGEMENT
Statement of Financial Operating Data
Year to Date July 1,
2016 through
December 31, 2016
FY 2016 (50.0% of the year) FY 2017
I% get Budget ) Projected Variance Actual Actual Bud
859,198 465,678 50% 931,319 931,319
394,092 194,556 50% 389,101 389,101
179,850 98,598 50% 197,155 197,155
1,140,241 608,478 50% 1,216,966 1,216,966
335,660 137,082 50% 273,824 273,824
71,559 15,495 77% 20,000 20,000
1,595 405 23% 1,800 1,800
0 30 29% 105 105
30,240 15,390 48% 32,000 32,000
95,000 N/A - -
39,075 27,136 68% 40,000 50,000 10,000
3,146,510 1,562,848 50% 3,102,270 3,112,270 10,000
205,873 707,437
36,380 16,181
6,304 6,250
198,516 335,583
5,049 -
98 94
29,876 2,564
482,096 1,068,109
48,500
166,978
23,145 31,646
190,123 31,646
21,097
141,853
162,949
381,919
7,450
139,185
45,289
41,895
615,738
81,487
1,580,894
308,591
198,474
2,087,958
1,058,552
3,869,719
$ 4,928,271
137% 780,000 1,300,000 (520,000)
15%
781
5,101
13,645
51,845
71,372 71%
164,339
6,250
129,734
25,747
13,904
339,974 38%
12,013 8%
1,523,115 71%
156,575 46%
67,005 31%
1,746,695 65%
(183,847)
4,928,271 123%
$ 4,744,424
215,000
195,000 20,000
100,000 120,000 (20,000)
900,000
150,000
2,145,000
337,106
212,799
2,694,905
880,000
145,000
2,640,000
330,106
212,799
3,182,905
20,000
5,000
(495,000)
7,000
(488,000)
407,365 (70,635) (478,000)
4,000,000 4,928,271 928,271
* $ 4,407,365 $ 4,857,636 $ 450,271
* Ending Fund Balance includes $2,900,000 restricted for Workers' Comp Loss Reserve
Page 11
Health Benefits Fund
Statement of Financial Operating Data
FY 2016
Actual
Revenues:
Internal Premium Charges $ 15,745,144
Part -Time Employee Premium 8,000
Employee Monthly Co -Pay 900,225
COIC 2,103,195
Retiree / COBRA Co -Pay 1,147,682
Prescription Rebates 66,573
Claims Reimbursements & Misc 314,287
Interest 119,284
Total Revenues 20,404,390
Expenditures:
Materials & Services
Admin & Wellness
Claims Paid -Medical 12,745,706
Claims Paid -Prescription 914,949
Claims Paid-DentalNision 1,927,875
Stop Loss Insurance Premium 358,991
State Assessments 119,231
Administration Fee (EMBS) 487,091
Preferred Provider Fee 155,634
Other - Administration 201,166
Other - Wellness 152,033
Admin & Wellness 17,062,675
Deschutes On-site Clinic
Contracted Services 905,222
Medical Supplies 68,477
Other 31,690
Total DOC 1,005,389
Deschutes On-site Pharmacy
Contracted Services 350,144
Prescriptions 1,670,080
Other
Total Pharmacy
Total Expenditures
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
% of Exp covered by Revenues
July 1,2016
through
December 31,
2016 (50% of
Fiscal Year)
$ 8,460,086
1,615
440,820
1,091,513
601,047
18,225
82,361
76,903
10,772,571
% of
Budget
FY 2017
Approved
Budget
FY 2017
Projection
51% a) 16,670,000 16,920,171
N/A 3,231
47% a) 928,800 881,640
53% a) 2,050,000 2,183,027
50% 1,208,893 1,208,893
14% 130,000 130,000
55% 150,000 150,000
67% a) 115,000 153,806
51% 21,252,693 21,630,768
6,911,894 51% b)
493,419 50% b)
993,077 48% b)
182,559 43%
0%
231,047 48%
49,309 29%
117,615 63%
103,701 66%
9,082,620 50%
360,185 40%
18,529 22%
18,204 38%
396,919 38%
131,735 39%
590,729 36% c)
21,002 16,673 55%
2,041,226 739,137 37%
20,109,291 10,218,676 48%
295,100 553,895
14,207,523 14,502,622 101%
$ 14,502,622 $ 15,056,517
101.5%11
105.4%1
a) Year to date annualized
b) Twenty-seven weeks of actual plus prior twenty-six weeks with 6.5% increase
c) Year to date annualized
13,463,599
977,251
2,059,150
420,000
225,000
481,500
171,800
186,574
156,350
18,141,224
905,000
85,000
47,525
1,037,525
339,200
1,650,000
30,374
2,019,574
21,198,323
54,370
14,327,000
$ 14,381,370
100.3%1
13,037,981
965,499
2,093,330
420,000
225,000
481,500
171,800
186,574
156,350
17,738,033
905,000
85,000
47,525
1,037,525
339,200
1,772,186
30,374
2,141,760
20,917,318
713,449
14,502,622
$ 15,216,072
103.4%I
$ Variance
250,171
3,231
(47,160)
133,027
38,806
378,075
425,618
11,752
(34,179)
403,191
(122,186)
(122,186)
281,005
659,079
175,622
$ 834,702
Page 13
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Room Taxes (Funds 160 and 170)
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YTD 12-31-2016
Fund 160 Fund 170
Actual • Budget
Actual • Budget
Combined
% of
Actual Budget
REVENUES
Room Taxes $ 5,425,000 $ 3,928,254 $ 775,000 $ 561,179 $ 6,200,000 $ 4,489,434 72.4%
Interest 3,000 5,162 - 2,878 3,000 8,041 268.0%
Total Revenues 5,428,000 3,933,417 775,000 564,058 6,203,000 4,497,474 72.5%
EXPENDITURES
Administrative
Auditing Services 11,000 1,500 - 12,500 -
Interfund Contract 68,951 34,476 11,324 5,664 80,275 40,140
ISF 37,291 18,648 11,932 5,970 49,223 24,618
Public Notices 2,650 735 400 105 3,050 840
Printing 1,800 350 - 2,150 -
Office Supplies 900 125 - 1,025 -
Postage 2,625 400 - 3,025 -
Total Administrative 125,217 53,859 26,031 11,739 151,248 65,598
Current Distributions
LED #2
Sunriver Chamber (1)
Sunriver Chamber (2)
Sunriver Service Dist (3)
COVA - 6%
COVA - 1%
RV Park
Annual Fair
F&E - 6%
F&E Reserve Fund
F&E - 1%
Total Distributions
Total Expenditures
Balance
Transfer to Gen Cap Reserve
3,151,787 1,575,894 - - 3,151,787 1,575,894
34,500 34,500 - - 34,500 34,500
10,000 10,000 -
200,000 - 200,000 -
868,696 611,839 868,696 611,839
758,007 526,767 758,007 526,767
- 40,000 28,404 40,000 28,404
- 61,000 66,066 61,000 66,066
25,744 12,870 - 25,744 12,870
224,703 112,352 224,703 112,352
668,266 124,872 668,266 124,872
5,048,734 2,761,870 993,969 331,693 6,042,703 3,093,563
5,173,951 2,815,729 1,020,000 343,432 6,193,951 3,159,161
254,049 1,117,688 • (245,000) 220,626 ■ 9,049 1,338,314
489,049 489,049
489,049 489,049
Change in Balance (235,000) 628,639 (245,000) 220,626 9,049 849,265
Beginning Balance 235,000 313,406 245,000 405,292 480,000 718,698
Ending Balance $ - $ 942,045 $ - $ 625,918 $ 489,049 $ 1,567,962
1) $30,000 base plus 15% increase to match COVA's increase
2) $10,000 To Sunriver Chamber for consultant
3) $200,000 to Sunriver Service District for Training Facility
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Deschutes County Tax Levies
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
FILE NUMBER: 247 -16 -000511 -TA
APPLICANT:
Peter Russell
Deschutes County Community Development Department
P.O. Box 6005
117 NW Lafayette
Bend, OR 97708-6005
PROPERTY OWNERS: N/A
REQUEST:
Amend Deschutes County Code (DCC) Chapter 18.116.090 to allow
an existing building to be used as a medical hardship temporary
dwelling in the Exclusive Farm Use (EFU) zone.
STAFF CONTACT: Peter Russell, Senior Transportation Planner
APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
Title 23, Deschutes County Comprehensive Plan
Statewide Planning Goals
Oregon Administrative Rules
OAR 660-033 (Agricultural Lands)
II. BASIC FINDINGS:
A. PROPOSAL: The applicant proposes amending DCC 18.116.090 to allow an existing
building to be used as a medical hardship dwelling in the EFU zone. Currently,
Deschutes County is more restrictive than state law and only allows manufactured
homes or RVs to be used as medical hardship dwellings in all zones. Oregon Revised
Statute (ORS) 215.283(2)(L)(2) allows temporary residential use of an existing building
as a hardship dwelling in the EFU zone.
Quality Services Performed with Pride
FINDING: A public hearing is scheduled before the Planning Commission on October 13,
2016, to be followed by a public hearing before the Deschutes County Board of
Commissioners at a date to be determined.
2. Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a newspaper of
general circulation in the county at least 10 days prior to each public
hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
FINDING: Notice of the hearing was published in the Bend Bulletin newspaper on September
18, 2016, and described the proposal. This criterion has been met.
B. Posted Notice. Notice shall be posted at the discretion of the Planning
Director and where necessary to comply with ORS 203.045.
FINDING: Notice was posted in the bulletin board in the lobby of the Deschutes County
Community Development Department, 117 NW Lafayette, Bend, as well as having the materials
placed on-line under the Planning Commission's calendar. This criterion has been met.
C. Individual notice. Individual notice to property owners, as defined in
DCC 22.08.010(A), shall be provided at the discretion of the Planning
Director, except as required by ORS 215.503.
FINDING: Given the land use in question does not apply to any specific property, but rather is a
legislative plan amendment, no individual notices were sent. This criterion has been met.
D. Media notice. Copies of the notice of hearing shall be transmitted to
other newspapers published in Deschutes County.
FINDING: Notice was provided to the County public information official for wider media
distribution. This criterion has been met.
3. Section 22.12.030 Initiation of Leaislative Chanaes.
A legislative change may be initiated by application of individuals upon
payment of required fees as well as by the Board of County
Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division, which
received a fee waiver, at the direction of the Board of County Commissioners. The proposed
text amendment is an item from the approved Planning Division work plan. This criterion has
been met.
4. Section 22.12.040. Hearinas Body
247 -16 -000511 -TA (Existing building in EFU as temporary dwelling for medical hardship) 3
will be the subject of public hearings before the Planning Commission and the Board. The
proposal is consistent with this section of the Comprehensive Plan.
3. Chapter 2, Resource Manaaement. Section 2.12 Aaricultural Lands Policies
Goal 1, Preserve and maintain agricultural lands and the agricultural
industry.
FINDING: The proposed text amendment will help preserve agricultural lands by using existing
buildings instead of requiring a manufactured home or RV be brought onto EFU zoned lands.
Siting new structures or paved areas for an RV to park and/or maneuver can lead to a loss of
agricultural lands. The proposal is consistent with this section of the Comprehensive Plan.
C. STATEWIDE PLANNING GOALS
1. Goal 1 Citizen Involvement
FINDING: The text amendment includes workshops before both Deschutes County Planning
Commission (PC) and the Board. The text amendment also includes publically noticed public
hearings before the PC and Board. This criterion has been met.
2. Goal 2. Land Use Planning
FINDING: Oregon Revised Statute (ORS) 197.610 allows local governments to initiate post
acknowledgement plan amendments or changes to land use regulations. The County on
September 2, 2016, provided the Department of Land Conservation and Development (DLCD)
with the required notice 35 days prior to the first evidentiary hearing, which will be on October
13, 2016. The notice included the proposed changes with additions indicated by underlined
text and text to be eliminated indicated by strikethrough text. The text amendment was
processed via the County's development code procedures set forth in Title 22, Chapter 22.12
for legislative amendments. This criterion has been met.
3. Goal 3, Agricultural Lands
FINDING: The text amendment is not proposing any changes to land use designations.
Additionally, ORS 215.283(2)(L) allows an existing building, in conjunction with an existing
dwelling, as a temporary residential use for a hardship suffered by the existing resident or
relative of the resident. The temporary use of an existing building for a residential use in case of
hardship is also permissible under OAR 660-033-0130(10), which applies to EFU lands. This
criterion has been met.
4. Goal 4. Forest Lands
FINDING: The text amendment is not proposing any changes to land use designations nor is it
proposing to allow the temporary residential use of an existing building in the F-1 or F-2 zones.
This criterion has been met.
5. Goal 5, Natural Resources. Scenic and Historic Areas. and Open Spaces
FINDING: The text amendment is neither proposing any changes to land use designations nor
proposing any changes to previously designated Goal 5 resources. Therefore, this criterion has
been met.
6. Goal 6, Air, Water and Land Resource Quality
247 -16 -000511 -TA (Existing building in EFU as temporary dwelling for medical hardship) 5
14. Goal 14. Urbanization
FINDING: No land use plan designations, zoning designations, or map changes will result from
this plan amendment. The temporary residential use of an existing building is limited to the EFU
zone only. By definition, an EFU property is not urban. This criterion has been met.
15. Goals 15-19
FINDING: These criteria do not apply as the County lacks these lands (Willamette Greenway,
estuaries, coasts, beaches, etc.).
D. OREGON ADMINISTRATIVE RULE 660-033, AGRICULTURAL LAND
1. 660-033-0130. Minimum Standards Applicable to the Schedule of Permitted and
Conditional Uses
The following requirements apply to uses specified, and as listed in the
table adopted by OAR 660-033-0120. For each section of this rule, the
corresponding section number is shown in the table. Where no numerical
reference is indicated on the table, this rule does not specify any minimum
review or approval criteria. Counties may include procedures and
conditions in addition to those listed in the table, as authorized by law...
(10) A manufactured dwelling, or recreational vehicle, or the temporary
residential use of an existing building allowed under this provision is a
temporary use for the term of the hardship suffered by the existing resident
or relative as defined in ORS chapter 215. The manufactured dwelling shall
use the same subsurface sewage disposal system used by the existing
dwelling, if that disposal system is adequate to accommodate the
additional dwelling. If the manufactured home will use a public sanitary
sewer system, such condition will not be required. Governing bodies shall
review the permit authorizing such manufactured homes every two years.
Within three months of the end of the hardship, the manufactured dwelling
or recreational vehicle shall be removed or demolished or, in the case of an
existing building, the building shall be removed, demolished or returned to
an allowed nonresidential use. A temporary residence approved under this
section is not eligible for replacement under 215.213(1)(q) or 215.283(1)(p).
Department of Environmental Quality review and removal requirements
also apply. As used in this section "hardship" means a medical hardship or
hardship for the care of an aged or infirm person or persons
FINDING: The proposed text amendment would make DCC 18.116.090 consistent with state
law and administrative rule regarding temporary residential uses for existing buildings in cases
of medical hardship. Currently, Deschutes County is more restrictive as the County only allows
manufactured homes or RVs to be used as temporary residences. The use of an existing
building as a temporary residence would only be allowed in the EFU zone; for all other zones
the restriction that only manufactured homes and RVs could be used as temporary residences
in cases of medical hardship would remain in effect. The proposal is consistent with this
administrative rule.
247 -16 -000511 -TA (Existing building in EFU as temporary dwelling for medical hardship) 7
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
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: Planning Commission
From: Peter Russell, Senior Transportation Planner
Date: September 8, 2016
Re: Work session on a text amendment to allow an existing building in the Exclusive
Farm Use (EFU) Zone to be used as a temporary dwelling in the case of a medical
hardship
Background
On May 12 and May 26, 2016, the Planning Commission accepted public testimony during the
hearings on the FY 2016-17 Planning Division work plan. A citizen proposed amending
Deschutes County Code to allow existing buildings on EFU lands of more than 80 acres to be
used as temporary residences in cases of medical hardship.
The citizen pointed out that state law already allows this to occur and discussed how requiring
the placement of a manufactured home on the property represented a financial burden on those
already experiencing hardship. Additionally, whether the temporary dwelling is a manufactured
home, an RV, or stick -built home, both state law and County code require the dwelling to be
either demolished, removed, vacated, or be returned to a non-residential use once the hardship
has ended.
The Planning Commission accepted the proposal and recommended to the Board of County
Commissioners that a text amendment be added to the Planning Division work plan to
accomplish the task. The Board at its June 22, 2016, public hearing on the work program
approved adding the task to the Planning Division's FY 2016-17 tasks. The Board did not
specify any acreage size, but rather referred to just the EFU zone.
Proposal
Staff initiated the text amendment on August 26, 2016, under File 247 -16 -000511 -TA. The
application would amend Deschutes County Code (DCC) 18.116.090 to allow an existing
building in the EFU zone to be used as a temporary residence in a case of medical hardship.
This is already allowed under both state statute and administrative rule. Deschutes County
chose to be more restrictive and will continue to do so in the non-EFU zones.
Quality Services Performed with Pride
Community Development Department
Planning Division Scolding Satety Division Environmental Soils Division
P,O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 9770E -6c;05
Phone: (541) 388-6575 Fax: (541) 385-1764
http://www,deschutes.org/cd
MEMORANDUM
To: Planning Commission
From: Peter Russell, Senior Transportation Planner
Date: November 10, 2016
Re: Response to whether it would be possible to add Rural Residential (RR -10) and
Multiple Use Agriculture (MUA-10) zones to text amendment to allow buildings in the
Exclusive Farm Use (EFU) Zone to be used as a temporary dwelling in the case of a
medical hardship (File 247 -16 -000511 -TA)
Background
The Planning Commission (PC) held a public hearing on 247 -16 -000511 -TA on Oct. 13, 2016,
closing the oral record that night, but leaving the written record open until Nov. 4. The hearing
was continued until Nov. 10. As of Oct. 26, staff has received no written comments.
During the public hearing, Planning Commissioner Hudson inquired as to whether the proposed
allowance of using an existing building for a temporary dwelling in a case of medical hardship in
the EFU zone could be expanded to include the Rural Residential (RR -10) and Multiple Use
Agriculture (MUA-10) zones as well. As detailed below, staff has researched the topic and
concluded adding the two exception zones is not allowed under Oregon's statewide planning
program.
Oregon Administrative Rule 660-004, Interpretation of Goal 2 Exceptions Process
The County went through the Goal 2 Exceptions Process from Goals 3 (Agriculture) and 4
(Forest) decades ago. The County successfully argued lands found to be unsuited for
agriculture due to a variety of reasons — soil type, lack of irrigation, pre-existing plattings and/or
residential development — should instead be rezoned to allow uses and densities that reflect
rural residential development. RR -10 and MUA-10 are thus informally known as "exception
lands," meaning the lands were given an exception to the resource zoning of EFU and Forest.
While the Oregon Administrative Rule (OAR) for Agriculture (660-033)) and Forest (660-006)
allow the use of existing buildings for a temporary dwelling in the case of medical hardship,
these OARS do not apply to the RR -10 and MUA-10 exceptions land. Instead, these lands fall
under OAR 660-004. Specifically, OAR 660-004-0040(7) states the following:
(f) Except as provided in subsection (e) of this section, a local government shall
not allow more than one permanent single-family dwelling to be placed on a lot or
Quality Services Performed zvitlt Pride
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
DATE: January 23, 2017
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
RE: Work session on existing building in Exclusive Farm Use (EFU) zone as
temporary dwelling in the case of medical hardship
The Board will hold a public hearing on January 30, 2107, on proposed Ordinance 2017-001,
which would implement a text amendment to Deschutes County Code (DCC) 18.116.090(A) and
(F). The text amendment would allow an existing building in the EFU zone to be used as a
temporary dwelling in the case of a medical hardship. The existing building would be returned
to a non-residential use within 90 days after the date the medical condition requiring the
temporary permit ceases to exist. The Planning Commission (PC) on November 10, 2016,
recommended approval of the text amendment, which was proposed as File 247 -16 -000511 -TA.
BACKGROUND
During the development of the work plan for the Planning Division for Fiscal Year 2016-17, a
member of the public testified before both the PC (PC) and the Board that the County should
modify its current code on temporary dwellings for medical hardship in the EFU zone. The
County is currently more restrictive than the State law as the County only allows Recreational
Vehicles (RVs) and/or manufactured home as temporary dwellings in cases of medical
hardship. State law at Oregon Revised Statute (ORS) 215.283(2)(L) allows the temporary
conversion of an existing building to a temporary dwelling. The citizen cited the undue financial
burden the current County code causes to those property owners in EFU needing a temporary
medical hardship dwelling.
The Board agreed and a County -initiated text amendment was begun. Staff has attached
several memos presented to the Planning Commission during the public hearing on File 247 -16-
000511 -TA.
Subsequent to the PC's recommendation of approval and prior to this work session, another
citizen contacted the Planning Division to request the same modification be made to the
County's Forest (F-1 and F-2) zones. State law at ORS 215.755(2) does allow an existing
building in the Forest zone to be converted to a temporary dwelling in the case of medical
hardship. However, as this was not part of the original text amendment and represents a
Quality Services 1''et`J"t>rf tc'cf 7atit
substantial change, should the Board choose pursue this course, staff believes the public
hearing will need to be renoticed. The Board could open the January 30 hearing, receive
testimony, then continue the hearing to a date certain to received further testimony.
2
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
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
STAFF REPORT
Date: January 19, 2017
To: Board of County Commissioners
From: Jacob Ripper, Associate Planner
Re: Administrative Decision (File No. 247 -16 -000600 -AD) to Hear Appeal or Decline
Review
The Board of County Commissioners (Board) will conduct a work session on January at 1:30
p.m. to consider hearing an appeal of an administrative decision (File No. 247 -16 -000600 -AD)
approving a marijuana production application.
I. Application
On October 4, 2016, an application was filed for an Administrative Determination (AD) to
establish a marijuana production facility at 23105 Alfalfa Market Road, Bend. The applicant
requested approval to establish a marijuana production facility in the Exclusive Farm Use (EFU)
zone. The proposal consists of a maximum mature plant canopy size of 9,760 square feet within
three structures. Those three structures are one 6,000 square foot building with 4,000 square
feet of mature plant canopy, and two 2,880 square foot greenhouses with a combined 5,760
square feet of mature plant canopy.
II. Public Comments
The Planning Division mailed a written notice of this application to property owners within 750
feet of the subject property on October 12, 2016. Two public comment letters opposing the
proposal were received, raising the following concerns:
1. Odor control
2. Light pollution
3. Use of a secure waste receptacle
4. Visual impacts
5. Neighborhood crime
6. Criminal trespassing
7. Environmental impacts from the use of pesticides and fungicides
8. Property value impacts'
1
The Deschutes County Code (DCC) does not authorize the Planning Division to review concerns 5 - 8 in relation to
the proposal. Applicable criteria of the DCC in relation to the proposal are found in:
Quality Services Performed with Pride
• The appellant may challenge the administrative decision before a Hearings Officer.
Attachments:
1. Administrative Decision for File No. 247 -16 -000600 -AD
2. Notice of Intent to Appeal — 247-17-000036-A
3. Order No. 2017-001
4. Order No. 2017-002
5. Surrounding Area Zoning Map
6. Site Plan
-3-
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
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
FINDINGS & DECISION
FILE NUMBER: 247 -16 -000600 -AD
OWNER:
Rubio Real Estate Investments, LLC
2979 NW 17th St.
Redmond, OR 97756
APPLICANT/AGENT: Douglas R. White
Oregon Planning Solutions
60762 River Bend Dr.
Bend, OR 97702
PROPOSAL:
The applicant is requesting approval of an Administrative
Determination to establish a marijuana production facility in the
Exclusive Farm Use (EFU) Zone.
STAFF CONTACT: Jacob Ripper, Associate Planner
I. APPLICABLE CRITERIA
Title 18 of the Deschutes County Code, the County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use Zones
Chapter 18.80, Airport Safety Combining Zone
Chapter 18.116, Supplementary Provisions
Title 22 of the Deschutes County Code, the Development Procedures Ordinance
II. BASIC FINDINGS
A. Location: The subject property has an assigned address of 23105 Alfalfa Market Rd.,
Bend, and is identified on County Assessor's Map 17-13-33A, as tax lot 201.
B. Lot of Record: The subject property is a legal lot of record because it is Parcel 2 of
the Minor Land Partition MP -83-13, and recorded with the County Surveyor as
CS03304.
C. Zoning: The subject property is zoned Exclusive Farm Use — Tumalo/Redmond/Bend
Subzone (EFU-TRB) and is within the Airport Safety (AS) combining zone.
Quality Services Perjvrnu'd with Prole
the Road Department Director and Planning staff, the County has determined the
best analog use is Warehouse (Land Use 150) based on the storage requirements
and employees of this activity. Warehouse generates daily trips at a rate of 3.56 trips
per 1,000 square feet. The application indicates the site will have 10,000 square feet
of building devoted to cannabis production. The resulting trip rate would be 36 daily
trips (3.56 X 10). Deschutes County Code (DCC) at 18.116.310(C)(3)(a) states no
further traffic analysis is needed if there are 50 or less new weekday trips generated
from the use. The proposed land use will not meet this minimum threshold for
additional traffic analysis.
Board Resolution 2013-020 sets a transportation system development charge (SDC)
rate of $3,852 per p.m. peak hour trip. The ITE indicates Warehouse generates 0.32
p.m. peak hour trips per 1,000 square feet, which in this instance would result in 3.2
p.m. peak hour trips (0.32 X 10). Thus the applicable SDC would be $12,326 (1.6 X
$3, 852). The SDC is due prior to issuance of certificate of occupancy; if a certificate
of occupancy is not applicable, then the SDC is due within 60 days of the land use
decision becoming final.
Bend Fire Department:
General Safety Provisions:
Hazard Communication
Material Safety Data Sheets shall be on property and made easily accessible
to the fire code official. Section 5003.4 of the 2014 Oregon Fire Code
Containers and/or packages related to hazardous materials shall be properly
labeled and warning signage shall be properly displayed and easily visible.
Section 5003.5.1 of the 2014 Oregon Fire Code.
All persons shall be trained on what to do in the event of an emergency
involving hazardous materials on the property. Sections 406 and 407 of the
2014 Oregon Fire Code.
NFPA 704 hazard identification signs shall be placed on stationary containers
and above ground tanks and at entrances to locations where hazardous
materials are stored, dispensed, used, or handled in quantities requiring a
permit and at specific entrances and locations designated by the fire code
official. Section 5003.5 of the 2014 Oregon Fire Code.
Building and Equipment Design Features:
Interior Finishes
• Interior finishes (Visqueen® or Mylar® type plastic/polyethylene or polyester
to cover walls and ceilings) must comply with flame spread ratings in
accordance with Table 803.3 of the 2014 Oregon Fire Code.
Exits and Exit Signage, Egress:
Security measures shall not conflict with the maintenance and operation of exiting
and egress.
• Means of egress shall not be concealed in any way. Section 1008.1 of the
2014 Oregon Fire Code.
• Exit doors and their function shall not be eliminated or modified in any way
without prior approval of the Building Official. Section 1001.2 of the 2014
Oregon Fire Code.
• Slide bolts and security bars installed on emergency egress doors are
prohibited. Section 1008.1.9.4 of the 2014 Oregon Fire Code.
247 -16 -000600 -AD Page 3 of 22
I. Public Comments: The Planning Division mailed a written notice of this application
to property owners within 750 feet of the subject property on October 12, 2016. Two
public comment letters were received and raised the following concerns:
1. Odor control
2. Light pollution
3. Use of a secure waste receptacle
4. Visual impacts
5. Neighborhood crime
6. Criminal trespassing
7. Environmental impacts from the use of pesticides and fungicides
8. Property value impacts
Staff Comment: The Deschutes County Code (DCC) does not authorize the Planning
Division to review concerns 5 - 8 above in relation to the proposal. Applicable criteria
of the DCC are addressed in the findings below.
J. Review Period: This application was submitted on October 4, 2016. It was deemed
incomplete on November 2, 2016. After the applicant submitted additional
information, the application was accepted and deemed complete on December 19,
2016. The 150th day on which the county must take final action on this application is
May 18, 2017.
III. CONCLUSIONARY FINDINGS
A. Chapter 18.16, Exclusive Farm Use Zones
1. Section 18.16.020. Use Permitted Outright.
The following uses and their accessory uses are permitted outright:
S. Marijuana production, subject to the provisions of DCC
18.116.330.
FINDING: The proposed marijuana production facility is an allowable use permitted outright
in the EFU zones, subject to the provisions of DCC 18.116.330, which are reviewed below.
2. 18.16.060. Dimensional Standards.
E. Building height. No building or structure shall be erected or
enlarged to exceed 30 feet in height, except as allowed under
DCC 18.120.040.
FINDING: No elevation drawings were submitted by the applicant. This criterion can be met
by the imposition of a condition of approval.
Prior to issuance of building permits, the applicant shall submit elevation plans demonstrating
all structures shall not exceed 30 feet in height.
247 -16 -000600 -AD Page 5 of 22
B. Marijuana production and marijuana processing. Marijuana
production and marijuana processing shall be subject to the
following standards and criteria:
1. Minimum Lot Area.
a. In the EFU and MUA-10 zones, the subject legal lot
of record shall have a minimum lot area of five (5)
acres.
FINDING: The subject property is a legal lot of record and is 20.05 acres in size. This
standard is met.
2. Indoor Production and Processing.
a. In the MUA-10 zone, marijuana production and
processing shall be located entirely within one or
more fully enclosed buildings with conventional or
post framed opaque, rigid walls and roof covering.
Use of greenhouses, hoop houses, and similar non-
rigid structures is prohibited.
b. In the EFU zone, marijuana production and
processing shall only be located in buildings,
including greenhouses, hoop houses, and similar
structures.
c. In all zones, marijuana production and processing
are prohibited in any outdoor area.
FINDING: The subject property is within the EFU zone. The applicant has proposed that
production will occur within one (1) 6,000 -square -foot fully enclosed structure, and two (2)
2,880 square foot greenhouses, complying with these criteria. These criteria can be met.
As an ongoing condition of approval, marijuana production and processing are prohibited in
any outdoor area.
3. Maximum Mature Plant Canopy Size. In the EFU zone, the
maximum canopy area for mature marijuana plants shall
apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot
area: 2,500 square feet.
b. Parcels equal to or greater than 10 acres to less
than 20 acres in lot area: 5,000 square feet. The
maximum canopy area for mature marijuana plants
may be increased to 10,000 square feet upon
demonstration by the applicant to the County that:
1. The marijuana production operation was
lawfully established prior to January 1, 2015;
and
ii. The increased mature marijuana plant
canopy area will not generate adverse impact
of visual, odor, noise, lighting, privacy or
access greater than the impacts associated
247 -16 -000600 -AD Page 7 of 22
greater mitigation of visual, odor, noise, lighting,
privacy, and access impacts.
FINDING: The submitted plot plan indicates the marijuana production structures are a
minimum of 115 feet from all property lines. The applicant submitted a revised site plan
demonstrating the closest off-site dwelling is 320 feet northwest of the subject marijuana
production area, meeting the requirement under subsection (b) above. These criteria will be
met.
7. Separation Distances. Minimum separation distances shall
apply as follows:
a. The use shall be located a minimum of 1000 feet
from:
i. A public elementary or secondary school for
which attendance is compulsory under
Oregon Revised Statutes 339.010, et seq.,
including any parking lot appurtenant thereto
and any property used by the school;
ii. 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;
iii. 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. This
does not include licensed or unlicensed
child care which occurs at or in residential
structures;
iv. A youth activity center; and
v. National monuments and state parks.
b. For purposes of DCC 18.116.330(6)(7), all distances
shall be measured from the lot line of the affected
properties listed in DCC 18.116.330(B)(7)(a) to the
closest point of the buildings and land area
occupied by the marijuana producer or marijuana
processor.
c. A change in use of another property to those
identified in DCC 18.116.330(B)(7) shall not result in
the marijuana producer or marijuana processor
being in violation of DCC 18.116.330(B)(7) if the use
is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of
Oregon; or
iii. Lawfully established.
FINDING: The applicant states the closest use requiring separation is approximately 15,000
feet from the subject property and is the New Leaf Academy, a private school. Twenty-seven
(27) properties are wholly or partially within 1,000 feet of the subject property. According to
247 -16 -000600 -AD Page 9 of 22
a diffusing element, or indirectly by reflection or
refraction, is projected below the horizontal plane
through the lowest light -emitting part.
c. Light cast by exterior light fixtures other than
marijuana grow lights shall comply with DCC 15.10,
Outdoor Lighting Control.
FINDING: The agent states, "No lighting from inside [the] building or greenhouse[s] will be
visible from 7:00 p.m. to 7:00 a.m. on the following day or projected upward. No lighting will
be visible from the buildings' interior, and greenhouses will have black -out light deprivation
systems installed and operated by auto timers. Light cast by exterior light fixtures other than
marijuana grow lights will comply with DCC 15.10, Outdoor Lighting Control". These criteria
can feasibly be met.
Staff adds the following ongoing conditions of approval to ensure compliance with the above
section: Inside building lighting, including greenhouses, hoop houses, and similar structures,
used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00
a.m. on the following day. Lighting fixtures shall be fully shielded in such a manner that all
light emitted directly by the lamp or a diffusing element, or indirectly by reflection or
refraction, is projected below the horizontal plane through the lowest light -emitting part. The
light cast by exterior light fixtures other than marijuana growing lights shall comply with
DCC 15.10, Outdoor Lighting Control.
10. Odor. As used in DCC 18.116.330(6)(10), building means
the building, including greenhouses, hoop houses, and
other similar structures, used for marijuana production or
marijuana processing.
a. The building shall be equipped with an effective
odor control system which must at all times prevent
unreasonable interference of neighbors' use and
enjoyment of their property.
b. An odor control system is deemed permitted only
after the applicant submits a report by a mechanical
engineer licensed in the State of Oregon
demonstrating that the system will control odor so
as not to unreasonably interfere with neighbors'
use and enjoyment of their property.
c. Private actions alleging nuisance or trespass
associated with odor impacts are authorized, if at
all, as provided in applicable state statute.
d. The odor control system shall:
i. Consist of one or more fans. The fan(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; or
ii. Utilize an alternative method or technology
to achieve equal to or greater odor mitigation
than provided by (i) above.
247 -16 -000600 -AD Page 11 of 22
such as plastic sheeting, hay bales, tarps, etc., and
shall be subject to DCC 18.88, Wildlife Area
Combining Zone, if applicable.
c. Razor wire, or similar, shall be obscured from view
or colored a muted earth tone that blends with the
surrounding natural landscape.
d. The existing tree and shrub cover screening the
development from the public right-of-way or
adjacent properties shall be retained to the
maximum extent possible. This provision does not
prohibit maintenance of existing lawns, removal of
dead, diseased or hazardous vegetation; the
commercial harvest of forest products in
accordance with the Oregon Forest Practices Act;
or agricultural use of the land.
FINDING: The applicant states that fencing is proposed to enclose the marijuana production
area, that no temporary materials will be used, and that all proposed fencing and all wires will
be in a muted earth tone color. The applicant has not provided the specific colors or
materials of the fencing. The subject property is not in the Landscape Management or the
Wildlife Area Combining Zones. The property contains numerous trees that partially screen
the proposed structures from view from the public right of way and from adjacent properties.
Furthermore, the structure exceeds setbacks from property lines required by DCC sections
18.16.070 and 18.116.330(6)(6). These criteria can be met, and staff adds the following
conditions to ensure compliance with the above criteria of this section.
As an ongoing condition of approval, fencing and wire shall be finished in a muted brown,
green, or natural wood color and shall not be constructed of temporary materials such as
plastic sheeting, hay bales, tarps, etc.
As an ongoing condition of approval, the existing tree and shrub cover screening the
development from the public right-of-way or adjacent properties shall be retained to the
maximum extent possible. This provision does not prohibit the maintenance of existing
lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest
products in accordance with the Oregon Forest Practices Act; or agricultural use of the land.
13. Water. The applicant shall provide:
a. A copy of a water right permit, certificate, or other
water use authorization from the Oregon Water
Resource Department; or
b. 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
c. Proof from the Oregon Water Resources
Department that the water to be used is from a
source that does not require a water right.
FINDING: The applicant states that water is provided by Avion and irrigation is provided by
Central Oregon Irrigation District. The applicant references a letter from Avion in the file 247-
15 -000103 -CU that states Avion will serve the subject property with potable water. Staff was
able to locate this letter dated March 3, 2015. The applicant has also submitted a "Parton
247 -16 -000600 -AD Page 13 of 22
under the control of the licensee". Staff finds this criterion can feasibly be met by both an
ongoing condition of approval and as part of the licensing requirements for the OLCC.
As an ongoing condition of approval, marijuana waste shall be stored in a secured waste
receptacle in the possession of and under the control of the OLCC licensee.
18. Residency. In the MUA-10 zone, a minimum of one of the
following shall reside in a dwelling unit on the subject
property:
a. An owner of the subject property;
b. A holder of an OLCC license for marijuana
production, provided that the license applies to the
subject property; or
c. A person registered with the OHA as a person
designated to produce marijuana by a registry
identification cardholder, provided that the
registration applies to the subject property.
FINDING: The subject property is not in the MUA-10 zone. This section does not apply.
19. Nonconformance. All medical marijuana grow sites
lawfully established prior to June 8, 2016 by the Oregon
Health Authority shall comply with the provisions of DCC
18.116.330(B)(9) by September 8, 2016 and with the
provisions of DCC 18.116.330(B)(10-12, 16, 17) by
December 8, 2016.
FINDING: The proposal is not for an existing medical marijuana grow site. This section does
not apply.
20. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
i. A new dwelling used in conjunction with a
marijuana crop;
ii. A farm stand, as described in ORS
215.213(1)(r) or 215.283(1)(o), used in
conjunction with a marijuana crop;
iii. A commercial activity, as described in ORS
215.213(2)(c) or 215.283(2)(a), carried on in
conjunction a marijuana crop; and
iv. Agri -tourism and other commercial events
and activities in conjunction with a marijuana
crop.
IN NI
c. In the EFU, MUA-10, and Rural Industrial zones, the
following uses are prohibited on the same property
as marijuana production:
i. Guest Lodge.
ii. Guest Ranch.
iii. Dude Ranch.
iv. Destination Resort.
247 -16 -000600 -AD Page 15 of 22
As an ongoing condition of approval, the annual reporting requirements of DCC
18.116.330(D) shall be met.
C. Chapter 18.80, Airport Safety Combining Zone
1. Section 18.80.020. Application of Provisions.
The provisions of DCC 18.80.020 shall only apply to unincorporated
areas located under airport imaginary surfaces and zones, including
approach surfaces, transitional surfaces, horizontal surfaces, conical
surfaces and runway protection zones. While DCC 18.80 identifies
dimensions for the entire imaginary surface and zone, parts of the
surfaces and/or zones do not apply within the Redmond, Bend or Sisters
Urban Growth Boundaries. The Redmond Airport is owned and operated
by the City of Redmond, and located wholly within the Redmond City
Limits.
Imaginary surface dimensions vary for each airport covered by DCC
18.80.020. Based on the classification of each individual airport, only
those portions (of the AS Zone) that overlay existing County zones are
relevant.
Public use airports covered by DCC 18.80.020 include Redmond
Municipal, Bend Municipal, Sunriver and Sisters Eagle Air. Although it is
a public -use airport, due to its size and other factors, the County treats
land uses surrounding the Sisters Eagle Air Airport based on the ORS
836.608 requirements for private -use airports. The Oregon Department of
Aviation is still studying what land use requirements will ultimately be
applied to Sisters. However, contrary to the requirements of ORS
836.608, as will all public -use airports, federal law requires that the FAA
Part 77 surfaces must be applied. The private -use airports covered by
DCC 18.80.020 include Cline Falls Airpark and Juniper Airpark.
FINDING: The subject property lies within the conical surface of the Bend Municipal Airport.
Therefore, the provisions of this chapter apply.
2. Section 18.80.028. Heiqht Limitations.
All uses permitted by the underlying zone shall comply with the height
limitations in DCC 18.80.028. When height limitations of the underlying
zone are more restrictive than those of this overlay zone, the underlying
zone height limitations shall control. TORS 836.619; OAR 660-013-0070]
A. Except as provided in DCC 18.80.028(B) and (C), no structure or
tree, plant or other object of natural growth shall penetrate an
airport imaginary surface. (ORS 836.619; OAR 660-013-0070(1)]
FINDING: The subject property is located within the conical surface of the Bend Municipal
Airport. The conical surface extends outward and upward from the periphery of the horizontal
surface at a slope of 20:12 for a horizontal distance of 4,000 feet and to a vertical height of
2 This ratio is equivalent to 20 feet of horizontal distance for every 1 foot of vertical distance.
247 -16 -000600 -AD Page 17 of 22
applicant and his successors will not now, or in the future
complain about the allowed airport activities at the adjacent
airport. In areas where the noise level is anticipated to be at or
above 55 Ldn, prior to issuance of a building permit for
construction of a noise sensitive land use (real property normally
used for sleeping or as a school, church, hospital, public library
or similar use), the permit applicant shall be required to
demonstrate that a noise abatement strategy will be incorporated
into the building design that will achieve an indoor noise level
equal to or less than 55 Ldn. [NOTE: FAA Order 5100.38A,
Chapter 7 provides that interior noise levels should not exceed 45
decibels in all habitable zones.]
FINDING: The subject property is not within the noise impact boundary associated with the
Bend Municipal Airport. Since the noise level at the subject property is anticipated to be less
than 55 Ldn, staff finds that no noise abatement strategy is necessary.
B. Outdoor lighting. No new or expanded industrial, commercial or
recreational use shall project lighting directly onto an existing
runway or taxiway or into existing airport approach surfaces
except where necessary for safe and convenient air travel.
Lighting for these uses shall incorporate shielding in their
designs to reflect light away from airport approach surfaces. No
use shall imitate airport lighting or impede the ability of pilots to
distinguish between airport lighting and other lighting.
FINDING: The proposed marijuana production facility is a new commercial use. The subject
property is outside of the airport approach surface and is further than 10,000 feet from the
runway, therefore staff finds lighting will not project into or onto any of the protected areas
associated with the airport. This criterion is met.
C. Glare. No glare producing material, including but not limited to
unpainted metal or reflective glass, shall be used on the exterior
of structures located within an approach surface or on nearby
lands where glare could impede a pilot's vision.
FINDING: The submitted application does not indicate what building materials or finishes are
proposed. A condition of approval has been added to ensure compliance.
Prior to issuance of building permits, the applicant shall submit building plans demonstrating
no glare producing materials, including but not limited to unpainted metal or reflective glass, shall
be used on the exterior of the proposed structures.
D. Industrial emissions. No new industrial, mining or similar use, or
expansion of an existing industrial, mining or similar use, shall,
as part of its regular operations, cause emissions of smoke, dust
or steam that could obscure visibility within airport approach
surfaces, except upon demonstration, supported by substantial
evidence, that mitigation measures imposed as approval
conditions will reduce the potential for safety risk or
incompatibility with airport operations to an insignificant level.
247 -16 -000600 -AD Page 19 of 22
VI. CONDITIONS OF APPROVAL
A. Use & Location: Marijuana production is conditionally approved inside the three
proposed structures consisting of one 6,000 square foot building and two 2,880
square foot greenhouses. This approval is based upon the application, site plan,
specifications, and supporting documentation submitted by the applicant. Any
substantial change in this approved use will require review through a new land use
application.
B. Height: Prior to issuance of building permits, the applicant shall submit elevation
plans demonstrating all structures shall not exceed 30 feet in height.
C. Glare: Prior to issuance of building permits, the applicant shall submit building plans
demonstrating no glare producing materials, including but not limited to unpainted
metal or reflective glass, shall be used on the exterior of the proposed structures.
D. Utility Verification: Prior to issuance of building permits, a statement from the electric
utility company proposed to serve the marijuana production operation, stating that the
electric utility company is able and willing to serve the operation, shall be provided to
the Planning Division.
ONGOING CONDITIONS OF APPROVAL
E. Lighting: The following lighting standards shall be met.
1. Inside building lighting used for marijuana production shall not be visible
outside the building from 7:00 p.m. to 7:00 a.m. on the following day.
2. Lighting fixtures shall be fully shielded in such a manner that all light emitted
directly by the lamp or a diffusing element, or indirectly by reflection or
refraction, is projected below the horizontal plane through the lowest light -
emitting part.
3. The light cast by exterior light fixtures other than marijuana growing lights shall
comply with DCC 15.10, Outdoor Lighting Control.
4. All exterior lighting shall be shielded so that direct light does not project off
site.
F. Odor: The proposed odor control system must at all times prevent unreasonable
interference with neighbors' use and enjoyment of their property. The odor control
system shall be maintained in working order and shall be in use.
G. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air
conditioning, odor control, fans and similar functions shall not exceed 30 dB(A)
measured at any property line between 10:00 p.m. and 7:00 a.m. the following day.
H. Fencing: Fencing and wire shall be finished in a muted brown, green, or natural
wood color and shall not be constructed of temporary materials such as plastic
sheeting, hay bales, tarps, etc.
247 -16 -000600 -AD Page 21 of 22
4/ ?-/7- c?Q003(2-d
Community Development Department
Planning Division Building Safety Division Environmental Soils Drvista:
P.O., Box 6005 17 NW Lafayette Avenue Bend, Oregon 977CE-6005
Phone: (54 i) 3B5-6575 Fax: (54 1) 5�;5. "e.:
http://www,de5chutes.crcrcd
APPEAL APPLICATION
FEE: 02Cv'
EVERY NOTICE OF APPEAL SHALL INCLUDE:
1. A statement describing the specific reasons for the appeal.
2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating
the reasons the Board should review the lower decision.
3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request
for de novo review by the Board, stating the reasons the Board should provide the de novo review as
provided in Section 22.32.027 of Title 22.
4. If color exhibits are submitted, black and white copies with captions or shading delineating the color
areas shall also be provided.
It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code.
The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of
the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal.
Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC Section
22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues.
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Appellant's Name (print): t �t � e- i ` MGM \ ' �ry Phone:
Mailing Address: .?'0 '1.} A 11.—,e'‘ 1.(1 t\)\ a ✓-k + }ZeI City/State/Zip:
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2)0- IL - BC0(000 -4b
Land Use Application Being Appealed:
Property Description: To hip / `V Range /..? Section 3. 11 Tax Lot .20 /
'k e F t i�'�..+ �
Appellant's Signature:: ,°' `` ` r i`ikv''`ce► �'-Fi,'
EXCEPT AS PROVIDED IN SECTION 22.32.024, APPELLANT SHALL PROVIDE A COMPLETE
TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THEE
PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD).
APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE
CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, FOR
ON -THE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS.
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Deschutes County Project File #247-16-0006D0—AD
SITE PLAN
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REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Review of Administrative
Decision in File No. 247 -16 -000600 -AD
*
ORDER NO. 2017-001
WHEREAS, on January 11, 2017, staff issued an Administrative Decision on Application No. 247 -16-
000600 -AD; and
WHEREAS, Section 22.28.050 of the Deschutes County Code authorizes the Board of County
Commissioners ("Board") to initiate review of any administrative action within 12 days of the date of mailing of
the final written decision of the Planning Director; and
WHEREAS, the Board has given due consideration as to whether to review this application; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. The Board will review/hear 247 -16 -000600 -AD pursuant to Title 22 of the Deschutes
County Code and other applicable provisions of the County land use ordinances.
Section 2. The review shall be heard de novo on the issues of interpretation of DCC 2.28.020
"Property Owner" and the applicability of DCC 2.28.060(A)(2).
Section 3. Staff shall set a hearing date and cause notice to be given to persons or parties entitled to
notice pursuant to DCC 22.24.030 and 22.32.030.
Dated this 2,3 of --icc.nuArl OF DESCHUTES COUNTY, , 2017
OREGON
BOARD OF COUNTY COMMISSIONERS
ATTEST:
cording Secretary
PAGE 1 OF 1- ORDER No. 2017-001
TAMM BANEY, Cl
ANTHONY DEBONE, Vice Chair
SON, Commissioner
REV WED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Denying Review of Administrative
Decision in File 247 -16 -000600 -AD
*
* ORDER NO. 2017-002
WHEREAS, on January 11, 2017, staff issued an Administrative Decision on Application No. 247 -16-
000600 -AD; and
WHEREAS, Section 22.28.050 of the Deschutes County Code authorizes the Board of County
Commissioners ("Board") to initiate review of any administrative action within 12 days of the date of mailing of
the final written decision of the Planning Director; and
WHEREAS, the Board has given due consideration as to whether to review this application; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That it will not review/hear 247 -16 -000600 -AD pursuant to Title 22 of the Deschutes County
Code and other applicable provisions of the County land use ordinances.
Dated this of . 2017 OARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY
NEY, Chair
ANTHONY DEBO Vice Chair
Recording Secretary PHIL HENDERSON, Commiss
PAGE 1 OF 1- ORDER NO. 2017-002
er
January 23, 2017
Deschutes County Board of County Commissioners
Oregon Heritage ExceUence Awards Program
Oregon Heritage Commission
725 Summer St NE, Suite C
Salem OR 97301
P. 0. Box 6005, Bend, OR 97708-6005
|3OON\YWall 3/,Suite ZO6.Bend, OK977O]'|9hO
(541) 388-6570 - Fax (541) 385-3202
www.deschutes.org
homvdu4descboteo.me
Tammy Baney
Anthony DeBone
Phil Henderson
Re: 15 Minute Histories Project Letter of Recommendation
Mr. Todd Mayberry;
On behalf of Deschutes County, we are writing to recommend the 15 Minute Histories Projectfrom
Deschutes Public Library and the Deschutes County Historical Society for an Oregon Heritage Excellence
Award for Projects.
The 15 Minute Histories Project preserved and made accessible a key part of our heritage in Deschutes
County: the reminiscences of its earliest residents. The project not only digitized aging oral histories, but
also transformed them into a compelling new format. By making them available as digital audiobooks,
complete with attractive digital covers, the library and museum brought the material to a whole new
audience. Being able to hear the voices of people you've read about, or who streets and buildings are
named after, takes local history to a new level. We also enjoyed the diversity of viewpoints represented
in the oral histories, with men and women having participated from across the entire county and from
many different professions and backgrounds. Each individual had a unique story about what brought
them to Oregon.
The 15 Minute Histories project also complemented the Deschutes County Centennial in 2016, when we
hosted numerous events around the county to celebrate its first 100 years. We advertised the 15
Minute Histories at these events as a way for Deschutes County residents to connect with their past.
The rich history of our community has been preserved and celebrated through the 15 Minute Histories
project and we look forward to future oral history partnerships between the library and the museum.
Sincerely,
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Tammy Baney, Chair
Anthony DeBone, Vice Chair
Philip G. He
e son, Commissioner