2017-675-Minutes for Meeting August 23,2017 Recorded 9/29/2017Recorded in Deschutes County
Nancy Blankenship, County Clerk
Commissioners' Journal
CJ2017-675
09/29/2017 12:43:31 PM
Illa1uinumiiiimuiuii
For Recording Stamp Only
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 977034960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, August 23, 2017
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present
were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David
Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. Several citizens were
present as well as one representative of the media.
CALL TO ORDER: Chair Baney called the meeting to order at 10:02 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
• Bradaigh Holt — Mrs. Holt presented questions to the Board. Has anyone taken a ride on
Bill Martin Road? Have you looked at correspondence by DOGAMI (Department of
Geology and Mineral Industries)? Has anyone looked at the February pictures of the
sinkhole? Mrs. Holt commented this condition is reoccurring. She noted she is willing to
meet the commissioners on the road to show the next danger to life as at this time she
doesn't see the commissioners being concerned with safety. County Administrator
Minutes of Board of Commissioners' Business Meeting
August 23, 2017 Page 1 of 7
Anderson will contact the Road Department to inquire of the condition of the road.
• Warren Holt — Mr. Holt presented questions regarding Deschutes County Code adopted
by the board of commissioners regarding code enforcement and lands in violations. Mr.
Holt noted this is in relation to an item on the agenda, therefore limited further comment.
CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent
Agenda. Commissioner Henderson asked to pull Item 1 for discussion and Item 3 for further
review.
HENDERSON: Move approval of Consent Agenda minus Items 1 & 3
DEBONE: Second.
VOTE: HENDERSON: Yes.
DEBONE: Yes.
BANEY: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Consideration of Chair Signature of Document No. 2017-195, Intergovernmental
Agreement with Oregon Health Authority
2. Consideration of Board Signature of Document No. 2017-203, Personal Services
Contract with Marc Williams, MD
3. Approval of Minutes of the Budget Hearing Week, June 6 — 9, 2017
4. Approval of Minutes of the July 24, 2017 Work Session
5. Approval of Minutes of the July 26, 2017 Business Meeting
6. Approval of Minutes of the July 26, 2017 Work Session
7. Approval of Minutes of the July 31, 2017 Business Meeting
8. Approval of Minutes of the July 31 2017 Work Session
9. Approval of Minutes of the August 7, 2017 Business Meeting
ACTION ITEMS
Consent Agenda Item 1 as pulled for discussion: Consideration of Chair Signature of
Document No. 2017-195, Intergovernmental Agreement with Oregon Health
Authority
DeAnn Carr, George Conway, and James Woods, Health Services presented the contract
for consideration. Ms. Carr explained this is a contract with Oregon Health Authority
Minutes of Board of Commissioners' Business Meeting
August 23, 2017 Page 2 of 7
that has been in place for many decades allowing for state funding for substance use
disorders, gambling, and mental health services.
DEBONE: Move approval
HENDERSON: Second
VOTE: DEBONE: Yes
HENDERSON: Yes
BANEY: Chair votes yes. Motion Carried
10. Consideration of Chair Signature of Document No. 2017-565, Notice of Intent to
Award Contract to J.R. Miller & Associates for Development of a Solid Waste
Management Plan
Timm Schimke, Director of Solid Waste Operations presented the item for
consideration noting the recent solicitation for proposals to develop a solid waste
management plan. Five written proposals were received and were scored by a
selection team. The top three candidates gave oral presentations and the
recommendation for the intent to award is for JR Miller.
DEBONE: Move approval
HENDERSON: Second
VOTE: DEBONE: Yes
HENDERSON: Yes
BANEY: Chair votes yes. Motion Carried
11. Consideration of Signature of Order No. 2017-030, Establishing Rates for
Franchised Collection of Waste and Recyclables in the Unincorporated Areas of
Deschutes County
Timm Schimke, Director of Solid Waste Operations, presented the order relative to
franchise fees.
HENDERSON: Move approval
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
BANEY: Chair votes yes. Motion Carried
Minutes of Board of Commissioners' Business Meeting
August 23, 2017 Page 3 of 7
12. PUBLIC HEARING: ODOT Noise Variance Permit Requests
Caroline House, Community Development Department presented the noise variance
permit application 247-17-000229-V, US 97: Sunriver Interchange — OR31. Chair
Baney read the opening statement. Ms. House reviewed the hearing procedures and
inquired if there were any conflicts of interest to address by the Board. Hearing none,
Chair Baney opened the public hearing.
Ms. House reviewed the staff report and road construction work. The Oregon
Department of Transportation requests a noise variance permit to allow nighttime
road construction between the hours of 10:00 p.m. and 7:00 a.m. Bob Townsend,
ODOT Construction Project Manager, was also present to address any questions.
Notices were mailed to the community. Discussion on public awareness for property
owners. Commissioner Baney inquired on the process for communications and the
importance of notices sent to property owners that will experience the most impact.
ODOT will continue to have public meetings and updates will be provided through
the website.
Chair Baney inquired if there was any public comment. Hearing none, Chair Baney
closed the public hearing.
HENDERSON: Move approval of noise variance permit 247-17-000229-V
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
BANEY: Chair votes yes. Motion Carried
Zechariah Heck, Community Development Department presented the noise variance
permit application 247-17-000230-V, US 20: Jack Lake Road — Pine Street. Chair
Baney read the opening statement. Mr. Heck reviewed the hearing procedures and
inquired if there were any conflicts of interest to address by the Board. Hearing none,
Chair Baney opened the public hearing.
Mr. Heck reviewed the staff report and road construction work. The Oregon
Department of Transportation requests a noise variance permit to allow nighttime
road construction between the hours of 10:00 p.m. and 7:00 a.m. Bob Townsend,
ODOT Construction Project Manager, was also present to address any questions.
Commissioner Henderson inquired if segments of work could be adjusted to lessen
the impact on the residents.
Minutes of Board of Commissioners' Business Meeting
August 23, 2017 Page 4 of 7
Chair Baney inquired if there was any public comment.
• Bob Zapponi, resident in Sisters, noted his support of the construction work.
Hearing no further comment, Chair Baney closed the public hearing.
DEBONE: Move approval of noise variance permit 247-17-000230-V
HENDERSON: Second
VOTE: DEBONE: Yes
HENDERSON: Yes
BANEY: Chair votes yes. Motion Carried
Isabella Liu, Community Development Department presented the noise variance
permit application 247-17-00231-V, US 97: Ford Lane — Peter S. Ogden State Park.
Chair Baney read the opening statement. Ms. Liu reviewed the hearing procedures
and inquired if there were any conflicts of interest to address by the Board. Hearing
none, Chair Baney opened the public hearing.
Ms. Liu reviewed the staff report and road construction work. The Oregon
Department of Transportation requests a noise variance permit to allow nighttime
road construction between the hours of 10:00 p.m. and 7:00 a.m. Bob Townsend,
ODOT Construction Project Manager, was also present to address any questions.
Chair Baney inquired if there was any public comment. Hearing none, Chair Baney
closed the public hearing.
HENDERSON: Move approval of noise variance permit 247-17-000231-V
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
BANEY: Chair votes yes. Motion Carried
Minutes of Board of Commissioners' Business Meeting
August 23, 2017 Page 5 of 7
13. DELIBERATION: Marijuana Production — 247-27-000520A
Chris Schmoyer, Community Development Department, presented an overview of the
appeal. The public hearing on the marijuana production appeal was held on August
16, 2017. The deliberation will be for consideration of the appeal of the
administrative decision approving recreational marijuana production in an Exclusive
Farm Use zone. In terms of a staff analysis, all terms and criteria have been met.
The appellant's stated reasons for appeal were reviewed: Staff made factual errors in
the interpretation of this applications criteria, Staff made a best estimate rather than
relying on factual data regarding road trips per day for a warehouse/production
facility on a road involved in an ownership and maintenance lawsuit, and subject
property is on Bill Martin Road, a road currently the subject of an ownership and
maintenance lawsuit between existing residents, Deschutes County, and Tumalo
Irrigation District.
The appellant's stated arguments were regarding size of the facility, size of the
canopy, and traffic analysis.
Discussion on the reasons for appeal and the Board reached consensus to deny the
first and second reason for appeal. For the third reason, there are challenges with that
specific road and it seemed apparent from the appellant's testimony that is outside of
the scope of this application.
Commissioner Henderson is also not satisfied that County should wait for the national
standards to change for estimates of traffic for marijuana grows. Peter Russell,
Transportation Planner, noted under the current SDC ordinance, applicants have the
ability to use a different methodology for trip generation.
Commissioner Henderson also pointed out his concern of the mechanical engineer's
report. Commissioner DeBone noted this type of concern would be beneficial for
discussion when reviewing the regulations. Commissioner Baney noted when the
regulations were written the decision was to not be too prescriptive so that new
technologies could be applied.
The Board expressed consensus on the three arguments and is supportive of moving
forward with the findings for the final decision.
OTHER ITEMS: None were offered.
Minutes of Board of Commissioners' Business Meeting
August 23, 2017 Page 6 of 7
ADJOURN: Being no further items to come before the Board, the meeting was adjourned at
11:28 a.m.
DATED this 13 Day of ----
County Board of Commissioners.
ATTEST:
Recording Secretary
6.1
2017 for the Deschutes
Tammy Baney,
Anthony DeBone, Vice Chai
Philip G. He derson, Commissioner
Minutes of Board of Commissioners' Business Meeting
August 23, 2017 Page 7 of 7
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, WEDNESDAY, AUGUST 23, 2017
Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or
discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects.
Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are
invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public
live or at a later date; and written minutes are taken for the record.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Consideration of Chair Signature of Document No. 2017-195, Intergovernmental
Agreement with Oregon Health Authority
2. Consideration of Board Signature of Document 2017-203, Personal Services Contract
with Marc Williams, MD
3. Approval of Minutes of the Budget Hearing Week, June 6 - 9, 2017
Board of Commissioners Business Meeting Agenda
of 3
Wednesday, August 23, 2017 Page 1
4. Approval of Minutes of the July 24, 2017 Work Session
5. Approval of Minutes of the July 26, 2017 Business Meeting
6. Approval of Minutes of the July 26, 2017 Work Session
7. Approval of Minutes of the July 31, 2017 Business Meeting
8. Approval of Minutes of the July 31, 2017 Work Session
9. Approval of Minutes of the August 7, 2017 Business Meeting
ACTION ITEMS
10. Consideration of Chair Signature of Document No. 2017-565, Notice of Intent to Award
Contract to J. R. Miller & Associates for Development of a Solid Waste Management
Plan - Timm Schimke, Director of Solid Waste
11. Consideration of Signature of Order 2017-030 Establishing Rates for Franchised
Collection of Waste and Recyclables in the Unincorporated Areas of Deschutes County
- Timm Schimke, Director of Solid Waste
12. PUBLIC HEARING: ODOT Noise Variance Permit Requests - Caroline House,
Assistant Planner
13. DELIBERATION: Marijuana Production - 247-17-000520-A - Chris Schmoyer,
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.
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.
Board of Commissioners Business Meeting Agenda
of 3
Wednesday, August 23, 2017 Page 2
ADJOURN
To watch this meeting on line, go to: www.deschutes.orq/meetinqs
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.orq/meetinqcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners Business Meeting Agenda
of 3
Wednesday, August 23, 2017 Page 3
BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Subject: 4r1e,,"b c1
Name
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Address f'd •
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Date:
Phone
Phone #s
E-mail address
In Favor Neutral/Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
Opposed
No
Subject:
Name
Address
BOARD OF COMMISSIONERS' MEETING
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REQUEST TO SPEAK
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Phone #s 2
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E-mail address
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In Favor Neutral/Undecided
Opposed
Submitting written documents as part of testimony? Yes No
If so, please give a copy to the Recording Secretary for the record.
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of August 23,2017
DATE: August 17, 2017
FROM: Caroline House, Community Development, 541-317-3148
TITLE OF AGENDA ITEM:
PUBLIC HEARING: ODOT Noise Variance Permit Requests
PUBLIC HEARING ON THIS DATE?: Yes
ATTENDANCE: Caroline House, Assistant Planner; Izze Liu, Assistant Planner; Zech Heck,
Assistant Planner
SUMMARY: Board consideration and approval of ODOT Noise Variance Requests.
Three (3) separate Oregon Department of Transportation (ODOT) nighttime Noise Variance
Requests for construction on segments of Highway 20 and Highway 97. The requests are to
allow nighttime construction between 10PM and 7AM. The projects will address deteriorating
pavement conditions, ruts, and operational issues.
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BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Subject: .. t: ,� ; ._ �. f E Date: v L /
Name;, ,° o a°1
Address i
Phone #s
E-mail address
In Favor
Neutral/Undecided
Submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
Opposed
Co ar n lunity Development Department
FILE NUMBERS:
PROPERTY OWNER:
APPLICANT:
APPLICANT'S AGENT:
APPELLANT:
PROPOSAL:
ADMINISTRATIVE
DECISION ISSUED:
APPEAL FILED:
HEARING DATE:
STAFF REVIEWER:
STAFF COMMENT:
LOCATION:
Mannino Division Building Safety Division Environmental Soils Division
P.O, Box 6005 i 17 NW Lafayette Avenue Bend, Oregon 97708-6005
Phone: (541) 388-6575 Fax: (541) 885-1764
http://www.deschutas,org,/`cd!
STAFF MEMORANDUM
(Revised 8/7/17)
247-17-000520-A (247 -17 -000208 -AD & 247 -17 -000209 -LM)
Eakin Properties, LLC
Alex Eakin
Sun Country Engineering and Surveying
Warren & Cheryl Holt
The applicant requested and ultimately received administrative
approval of an Administrative Determination to establish a
marijuana production facility in the Exclusive Farm Use (EFU)
Zone (Attachment A). The administrative decision issued by
staff was appealed (Attachment B). The County Board of
Commissioners called up the matter for their review on June
21st, 20171.
June 9, 2017
June 21, 2017
Wednesday, August 16, 2017 at 10:00 am
Chris Schmoyer, Associate Planner
This memorandum supplements the Findings and Decision for
the above -referenced land use application. This memorandum
does not replace previous staff findings in the Findings and
Decision, but supplements those previous findings in
consideration of the appellant's objections listed in the Notice of
Appeal.
The subject property has an assigned address of 64670 Bill
Martin Road, Tumalo, Oregon and is further identified as Tax
Lot 300 on Deschutes County Tax Map 16-12-31 (Attachment
C).
1 The Board called up the matter via Order No. 2017-022.
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150 -DAY REVIEW
CLOCK: The 150th day on which the County must take final action on
this application is September 20, 2017.
I. STANDARDS & APPLICABLE CRITERIA
Title 18 of the Deschutes County Code, the County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use Zones
Chapter 18.56, Surface Mining Impact Area Combining Zone
Chapter 18.84, Landscape Management Combining Zone
Chapter 18.116, Supplementary Provisions
Section 18.116.330, Marijuana Production, Processing, and Retailing
Title 22 of the Deschutes County Code, the Development Procedures Ordinance
II. OBJECTIONS & FINDINGS
A. APPELLANT'S STATED REASONS FOR THE APPEAL (appellant's quotations are
provided in italics):
Specific Reasons for Appeal:
1. Staff made factual errors in the interpretation of this application criteria;
2. Staff made a best estimate rather than relying on factual data regarding road
trips per day for a warehouse/production facility on a road involved in an
ownership and maintenance lawsuit.
3. Subject property is on Bill Martin Road, a road currently the subject of an
ownership and maintenance lawsuit between existing residents, Deschutes
County and Tumalo Irrigation District.
B. APPELLANT'S STATED ARGUMENT #1: In the Notice of Appeal and supplemental
materials, the appellant states:
1) As we, interested parties that live on Bill Martin Road, understand it
a) This is not a massive marijuana grow facility in terms of production
for sale. It's a limited grow to test chemical fertilizer production.
STAFF RESPONSE: Staff agrees that the proposed marijuana production facility is not
massive in scale as the applicant proposes with this application an approximate 3,000
square foot structure and an approximate 5,184 square foot greenhouse structure (108' x
48') within a 120' x 120' fenced area to accommodate the proposed marijuana production
operation.
File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 2 of 6
Specifically, the applicant's burden of proof states: "The proposal is to construct a 3,000
square foot agricultural building (office, preparation and propagation, growing, etc.) as phase
one, and the addition of 48 x108' (5,184 sf ea.) segmental greenhouse style growing
structures in successive phases, not to exceed 20,000 square feet total, on the site...".2
C. APPELLANT'S STATED ARGUMENT #2: In the Notice of Appeal and supplemental
materials, the appellant states:
2) Page 13 of 27 (Findings & Decision 247 -17 -000208 -AD & 247 -17 -00209 -LM) Item
3. states "Maximum Mature Plant Canopy Size. In the EFU zone, the
maximum canopy area for mature marijuana plants shall apply as follows:"
and sub item "d. Parcels equal to or greater than 40 acres to less than 60 acres in
lot area: 20,000 square feet."
a) Staff erred in stating in FINDING: The subject property contains 42 acres and
is zoned EFU, thereby qualifying for up to 20,000 square feet of mature plant
canopy. Under this application, the applicant has proposed a maximum of
5,000 square feet in mature plant canopy area, well below the 40,000 square
feet allowed under (2)(d) above. This criterion will be met"
1) For the proposed production area it should state " feet allowed under
(3)(d) above" and "well below the 20,000 square feet allowed... ".
STAFF RESPONSE: Staff agrees that a reference to (2)(d) was a typo and that (3)(d) is the
correct reference, nevertheless, the scope of the proposal does not exceed the maximum
square feet of mature canopy allowed under the code based on the size of the subject
property (approximately 42 acres in size). For reference, DCC 18.116.330 (B) (3) is provided
below:
B. Marijuana production and marijuana processing. Marijuana
production and marijuana processing shall be subject to the
following standards and criteria:
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 Tess 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:
2 On May 10, 2017, Staff verified with the applicant's agent that the applicant is proposing with this
application marijuana production within the two structures depicted on the site plan as described
above, but considering expansion in the future. The pending application is essentially phase 1 of the
applicant's plans for the property. Any subsequent phase, or expansion beyond what is described in
the submitted application materials, will require land use approval
File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 3 of 6
i. 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
with a 5,000 square foot canopy area
operation.
c. Parcels equal to or greater than 20 acres to Tess
than 40 acres in lot area: 10,000 square feet.
d. Parcels equal to or greater than 40 acres to less
than 60 acres in lot area: 20,000 square feet.
e. Parcels equal to or greater than 60 acres in lot area:
40,000 square feet. [Emphasis added]
D. APPELLANT'S STATED ARGUMENT #3: In the Notice of Appeal and supplemental
materials, the appellant states:
3) Page 4 of 27 (Findings & Decision 247 -17 -000208 -AD & 247 -17 -00209 -LM),
the Senior Transportation Planner says: "The most recent edition of the
Institute of Traffic Engineers (ITE) Trip Generation Handbook does not
contain a category for marijuana production. In consultation with 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 applicant's burden of
proof states there will be 5,184 square -feet of green house and a 3,000 -
square foot office building- for total of 8,184 (5,184+ 3,000) square feet to
be used for cannabis production and support. The resulting trip rate would
be 29 daily trips (3.56 X 8.184) . Deschutes County Code (DCC) at
18.116.310(C)(3)(a) states no traffic analysis is required if the proposed use
will generate less than 50 new weekday trips. The proposed land use will
meet not exceed that threshold and therefore no further traffic analysis
is required."
a) There is not 3,000 square feet of office space. There is a 3,000 square
foot building that has a 192 square foot office space within it, as well as
flowering rooms, drying room, processing room, and other spaces associated
with the production and growth of their product.
i) This should be studied further and corrected. Finding, if properly
expressed by staff may well exceed the 50 vehicle trips per as estimated by
staff, during cutting, drying, testing, and packaging periods.
b) Most importantly, Bill Martin Road has been erroneously classified as a
Local Access Road. This road is currently the subject of a lawsuit between the
residents who use this road, Deschutes County and Tumalo irrigation District. To
classify it as an unmaintained Local Access Road at this time is not only
premature, but careless.
File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 4 of 6
i) Bill Martin Road, in its current state, is not safe for the heavy
trucks that would be needed to construct the buildings proposed on this
property.
(1) Access to this proposed facility is off of Tumalo Reservoir Road
and is currently unmaintained and listed bythe County as a Public Access
Road. The road is badly rutted with severe potholes and unsafe for the
existing residents using the road, making it questionable if the road will
bear the weight of additional traffic. Adding more traffic until the lawsuit
is settled will only exacerbate the problem.
(2) This past winter, several sinkholes developed in the area, one of
which was across the road and severe enough to trap residents from
leaving their homes or unable to get home. There are currently two water
carved caverns under this road that may cause the road to collapse under
heavy equipment usage.
(3) It is not reasonable to grant this application until the roadway
maintenance lawsuit is settled and the road is either made safe for
transit or moved entirely.
STAFF RESPONSE: Regarding the appellant's stated argument #3 (a), the appellant
indicates a processing room to be proposed within the 3,000 square foot structure, however,
marijuana processing is not identified on the floor plans nor proposed with the application.
The County Senior Transportation Planner, Peter Russell, has provided a memorandum
addressing transportation -related concerns expressed by the appellant and is included as an
attachment to this memo (Attachment D).
Regarding review criteria pertaining to access to the property, marijuana production
operations may be subject to DCC 18.116.330(B)(8), but is only applicable to proposed
marijuana production facilities exceeding 5,000 square feet of canopy area for mature
marijuana plants. The access requirements under DCC 18.116.330 (B) (8) are not applicable
in this matter as the applicant does not propose to exceed 5,000 square feet of canopy area
for mature marijuana plants as part of this application. The floor plan submitted with the
application identifies the proposed 3,000 square foot structure to include four 12 foot x 24
foot flowering rooms, 288 square feet in size each, having a combined total of approximately
1,152 square feet.
DCC 18.116.330 (B) (8) provides:
B. Marijuana production and marijuana processing. Marijuana production
and marijuana processing shall be subject to the following standards
and criteria:
8. Access. Marijuana production over 5,000 square feet of canopy area for
mature marijuana plants shall comply with the following standards.
a. Have frontage on and legal direct access from a constructed
public, county, or state road; or
File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 5 of 6
b. Have access from a private road or easement serving only the
subject property.
c. If the property takes access via a private road or easement which
also serves other properties, the applicant shall obtain written
consent to utilize the easement or private road for marijuana
production access from all owners who have access rights to the
private road or easement. The written consent shall:
i. Be on a form provided by the County and shall contain the
following information;
ii. Include notarized signatures of all owners, persons and properties
holding a recorded interest in the private road or easement;
iii. Include a description of the proposed marijuana production or
marijuana processing operation; and
iv. Include a legal description of the private road or easement.
In response to notice of the application, George Kolb, former County Engineer with the
Deschutes County Road Department, provided the following comments:
This application is accessed off of Bill Martin Road. Bill Martin Road was
dedicated for public use per Land Use Action RD 06-3. It is classified as a
Local Access Road which is defined in ORS 368.001 as a public road that is
not a County road, State Highway or Federal Highway and therefore is not
maintained by Deschutes County.
111 CONCLUSION
The Findings & Decision for this application identifies all applicable sections of
County Code and evaluates compliance with the applicable criteria and standards of such
review. This memorandum only supplements the findings of compliance with the identified
ordinances in relation to the issues raised in the Notice of Appeal. Based on the foregoing
Findings and Decision, staff finds that the proposed marijuana production facility can comply
with the applicable standards and criteria of the Deschutes County zoning ordinance if
conditions of approval are met.
Attachments:
A. Administrative Decision for 247 -17 -000208 -AD & 247 -17 -000209 -LM
B. Appeal Application and materials
C. Vicinity map, applicant's plot plan and other maps
D. Memo from County Senior Transportation Planner
File Nos. 247-17-000208-AD/209-LM (247-17-000520-A) Page 6 of 6
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of August 23, 2017
DATE: August 17, 2017
FROM: Chris Schmoyer, Community Development, 541-317-3164
TITLE OF AGENDA ITEM:
Marijuana Production Deliberation - 247-17-000520-A
PUBLIC HEARING ON THIS DATE?: Yes
RECOMMENDATION & ACTION REQUESTED:
Deliberate to consider an appeal of an administrative decision approving recreational
marijuana production in an EFU zone.
Sharon Ross
From: Steven Hultberg <shultberg@radlerwhite.com>
Sent: Monday, August 21, 2017 11:20 AM
To: Peter Gutowsky; Chris Schmoyer; Sharon Ross
Cc: tim@suncountry.engineering; alex Eakin
Subject: RE: Final Argument Documents for File Nos. 247-17-000208-AD/209-LM
(247-17-000520-A) Eakin Properties, LLC
Peter,
Thank you for the update. Please consider this the applicant's final argument.
In terms of final argument, we do not have any additional rebuttal testimony to add in addition to
what we provided at the hearing last week. That said, the one thing that we would like to clarify is
the canopy size. There was some discussion at the board hearing and in the decision indicating
that the applicant anticipated a canopy size below 5,000 square feet. The applicant does not
presently know what the ultimate canopy size may be, but it will obviously have to fit within the
approved structures. We do not want the staff decision to somehow impose a canopy size
restriction within the approved structures. The only standard that would apply to a canopy size
over 5,000 square feet is DCC 18,116.330(B)(8) which relates to access. Because the applicant's
property fronts on a constructed county road, the applicant meets this standard.
I am not sure whether additional findings are necessary, but again, we simply want clarification
that the applicant is not limited to a specific canopy size inside the proposed buildings.
Regards,
Steve
Steven P. Hultberg
PO Box 2007
Bend, Oregon 97709
P 541.585.3697 C 541.420.1024
E shultberg@radlerwhite.com
Original Message
From: Peter Gutowsky[mailto:Peter.Gutowsky@deschutes.org]
Sent: Sunday, August 20, 2017 6:49 AM
To: Chris Schmoyer <Chris.Schmoyer@deschutes.org>; Sharon Ross <Sharon.Ross@deschutes.org>
Cc: Steven Hultberg <shultberg@radlerwhite.com>; tim@suncountry.engineering; alex Eakin
<alex. j . eakin@gmail. com>
Subject: Re: Final Argument Documents for File Nos. 247-17-000208-AD/209-LM (247-17-000520-
A) Eakin Properties, LLC
Steve,
Please also send the final argument to Sharon Ross as well. I just remembered that I planned to
take the day off to see the eclipse.
Peter Gutowsky
Deschutes County
Sent from my iPhone
On Aug 17, 2017, at 4:55 PM, Chris Schmoyer
<Chris.Schmoyer@deschutes.org<mailto:Chris.Schmoyer@deschutes.org» wrote:
Steve,
I am out of the office after 3:00 tomorrow and off this coming Monday the 21st, so please send any
final argument documents to Peter Gutowsky and cc me during this time.
Thanks,
Chris
Chris Schmoyer
Associate Planner
Certified Associate in Project Management (CAPM) Deschutes County Community Development
Department Ph# (541) 317-3164 Fax# (541) 385-1764
Web: http://www.deschutes.org/cd
Disclaimer:
Please note that the information in this email is an informal statement made in accordance with
DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the
status of a person's property or conferring any rights, including any reliance rights, on any person.
2