2017-680-Minutes for Meeting September 06,2017 Recorded 9/29/2017Recorded in Deschutes County CJ2017-680
Nancy Blankenship, County Clerk
Commissioners' Journal 09/29/2017 12:44:27 PM
1,1111,11111111111111111111111111
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
Allen Conference Room
Wednesday, September 6, 2017
Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present
were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David
Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. No representatives of the
media were in attendance.
CALL TO ORDER: Chair Baney opened the meeting at 1:30 p.m.
Commissioner Baney expressed gratitude to Dr. George Conway for his presence at the
community meetings in Sisters to help alleviate the fear during times of wildfires.
ACTION ITEMS
1. La Pine Industrial CCRs Update
James Lewis, Property Manager and Ryan Culp, EDCO Sunriver/La Pine Area Director
presented this item to consider the repeal and amendment of the Convenants,
Conditions, and Restrictions (CCR's) affecting the La Pine Industrial Site and Newberry
Business Park. Mr. Culp has worked with the Sunriver La Pine Economic Development to
draft the amendments.
Minutes of Board of Commissioners' Work Session September 6, 2017 Page 1 of 5
A vote was conducted with the land owners within the La Pine Industrial Site and
Newberry Business Park industrial subdivisions for the purpose of considering a repeal
and amendment to the respective CCR's governing development. The result of the vote
was overwhelming in favor of the repeal and amendments. To make the changes
requires an Order adopted by the Board.
Mr. Lewis reported on the history of the CCR's. Mr. Lewis recommends adoption of the
Order which would be brought before the Board at a business meeting. The consensus
of the Board was to bring the Order for consideration.
2. Possible Marijuana Production Appeal
Cynthia Smidt, Associate Planner brought forward a possible marijuana production
appeal. The applicant is requesting an Administrative Determination to convert from a
medical marijuana production facility to a recreational marijuana production facility on
a 5.01 acre parcel in the Exclusive Farm Use Zone.
The appeal deadline is 5:00 p.m. and inquires if the Board would be interested in
hearing the appeal. The consensus of the Board was to hear the appeal should one be
presented.
3. Certified Community Behavioral Health Clinic Update (CCBHC)
Health services staff were present to review the update for CCBHC: George Conway,
Health Services Director; DeAnn Carr, Health Services Deputy Director; Dave Inbody,
Health Services Deputy Director; Tyler Nass, Administrative Analyst; Shannon
Vandegriff, Business Operations Manager; and Daniel Emerson, Management Analyst.
The update was given through a power point slide presentation to show the status
report on the CCBHC project implementation and the first three months of operations.
(Slide handouts attached to the record). The Board noted the premise of the program
was to see an increase in clients and inquired if that was the case. The department
noted they are not seeing more clients but are being paid more for the services so are
able to provide more service to those clients. For the veterans services provided they
are working in conjunction with our Veterans Services department and doing
community outreach.
Minutes of Board of Commissioners' Work Session September 6, 2017 Page 2 of 5
Information related to staffing numbers was presented at 19.3 FTE filled over the past
two quarters which differed from the agenda packet information of 12.3 FTE. The slide
presented was updated since submitting the supporting documents for the agenda
packet. The CCBHC program has nine required metrics for reporting.
Regarding the financial data presented, Commissioner Henderson suggested taking the
calculations for children out of the income data.
Commissioner Baney inquired on what the team hopes for in terms of success of the
program. Ms. Carr commented on the hope of increased veterans served and a possible
clinic to be located at the Courtney building to provide more care.
Statistics show there are approximately 40% of clients that cancel their appointments.
The Board inquired whether the team is tracking whether the clients are homeless to
understand why they cancel or are classified as a no show.
OTHER ITEMS
• Commissioner Baney presented a US Department of Housing and Urban Development
Continuum of Care certification form and project listing on behalf of Neighborlmpact
and asked if the Board would want to consider Chair signature.
HENDERSON: Move approval
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
BANEY: Chair votes yes. Motion Carried
• County Administrator Anderson presented a recent invoice submitted by the Eastern
Oregon Counties Association for membership dues for 2017-2018. He noted the dollar
amount was less than last year's dues. Backup explaining the method of calculation was
not submitted with the invoice but is usually based on PILT distributions. Commissioner
DeBone commented this is an optimal time in the state for forest management and
expressed support of payment. Commissioners Baney and Henderson were supportive
as well.
Minutes of Board of Commissioners' Work Session September 6, 2017 Page 3 of 5
• Erik Kropp, Deputy County Administrator gave an update on the Discretionary Grant
Request of Jericho Road. Their request of $2,000 would be used for rent support such
as first and last month's rent and deposit to help with the relocation of the homeless
from the East of Redmond land closure camp. Comment made of the concern of only
providing a fix for one family.
DEBONE: Move approval
HENDERSON: Second
VOTE: DEBONE: Yes
HENDERSON: Yes
BANEY: Chair votes yes. Motion Carried
• Commissioner Henderson expressed his interest in participating on the interview panel
for the Solid Waste Advisory Committee. The interview panel will consist of
Commissioner Henderson, County Administrator Anderson, and Timm Schimke, Director
of Solid Waste Operations. Mr. Anderson explained as part of the interview process the
applicants will submit resumes. Commissioner DeBone requested copies for review.
Commissioner Henderson excused himself at 2:39 p.m. from the meeting for a prior
commitment.
At the time of 2:39 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real
Property Negotiations. The Board came out of Executive Session at 3:03 p.m. for the following
motion:
DEBONE: Move approval to direct staff to proceed as discussed during the Executive
Session.
BANEY: Second.
VOTE: DEBONE: Yes
HENDERSON: Absent. Excused
BANEY: Chair votes yes. Motion Carried
Minutes of Board of Commissioners' Work Session September 6, 2017 Page 4 of 5
OTHER ITEMS Continued:
• Sisters Country: County Administrator Anderson inquired on the source of the $10,000
request for the Sisters Country Visioning Project. Consensus to come from the general
fund.
• Budget Committee: County Administrator Anderson reported on the budget committee
memberships noting Bruce Barrett expressed interest in reappointment when his term
ends in December 2017. Mike Maier's appointment last December was mistakenly only
extended for two years and a correction will need to be done on his appointment.
Committee memberships are terms of three years. A media release will be posted for
the vacancy to fill Jimm Burton's term. County Administrator Anderson suggested
bringing the announcement to various meetings and events.
ADJOURN: Being no further discussion, the meeting adjourned at 3:16 p.m.
DATED this Day of
Board of Commissioners.
ecording Secretary
2017 for the Deschutes County
U 117)
Tammy Baney, Chair
Antho y DeBone, Vice hair
Philip G. He ' erson, Commissioner
Minutes of Board of Commissioners' Work Session September 6, 2017 Page 5 of 5
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, WEDNESDAY, SEPTEMBER 6, 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. Certified Community Behavioral Health Clinic Update August 2017 - DeAnn Carr, Health
Services Deputy Director
2. La Pine Industrial CCRs Update - James Lewis, Property Management Specialist
3. Possible Marijuana Production Appeal - Cynthia Smidt
EXECUTIVE SESSION
4. Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
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 Work Session Agenda
Wednesday, September 6, 2017 Page 1 of 2
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
ADJOURN
ail
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.
kI
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 Work Session Agenda
Wednesday, September 6, 2017 Page 2 of 2
DESCHUTES COUNTY
PROPERTY MANAGEMENT
James Lewis, Property Manager
P.O. Box 6005, Bend, OR 97708-6005
(541) 385-1414 - Fax (541) 317-3168
www.deschutes.org
To: Deschutes County Board of Commissioners
From: James Lewis, Property Manager
Date: August 31, 2017 (Work Session September 6, 2017)
RE: Industrial Land CCR's / Repeal and Amendment - La Pine
Commissioners:
Issue:
Consideration of the repeal and amendment of the Covenants, Conditions and Restrictions
(CCR's) affecting the La Pine Industrial Site and Newberry Business Park respectively.
Existing Circumstance:
In July of this year, at the direction of the Board of Commissioners, staff conducted a vote of the
owners of land within the La Pine Industrial Site and Newberry Business Park industrial
subdivisions in La Pine for the purpose of considering a repeal and amendment to the
respective CCR's governing development therein. The result of the vote was overwhelmingly
affirmative for repealing the CCR's affecting the La Pine Industrial Site in entirety (greater than
75% affirmative required), and for amending the CCR's affecting the Newberry Business Park
(more than 2/3 affirmative required) to repeal all development related standards except for the
Architectural Controls as included therein. A chart showing the result of the vote is attached to
this memo.
History:
The CCR's, which were applicable to the property when purchased, were created and put into
place by Deschutes County who was the original owner of the property upon transfer from the
Bureau of Land Management in the early 1990's (Deschutes County is still the majority land
owner). The grant of land from the BLM was conditioned on the long term use of the property
for industrial development to spur economic growth in southern Deschutes County. In order to
provide for logical and attractive construction at that time, Deschutes County recorded two sets
of CCR's (La Pine Industrial Site in 1993 and Newberry Business Park in 2002) to govern land
use and development. Additionally, in 1996, the County appointed the La Pine Industrial Group
(LIG) to oversee the implementation and enforcement of the CCR's.
Since the creation of the CCR's in 1993 and 2002, many things have changed in La Pine that
now make the applicability of the regulations unnecessary. In 2006 La Pine incorporated as a
new City with its own self -governance. In 2008 through 2010, the City adopted a
Comprehensive Land Use Plan and Zoning regulations that govern the development of all land
within the City. Such regulations require a permitting process that includes review and approval
1
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner
of all development by the City according to their adopted land use regulations. All of the
requirements in the CCR's (excepting architectural controls) are now covered by the City's land
use regulations. During this same period, the LIG, who was originally given authority to
administer the CCR's, disbanded.
During the period following the incorporation of the City, as the economy was in recession, very
little development occurred within the City. However, in the last two years, development is on
the upswing, with multiple development applications being reviewed by the City. In this regard,
the applicable CCR's also require an obligatory review process that is redundant of the adopted
City processes. In an effort to streamline the development review process, and eliminate the
redundancy, Deschutes County (with full support of the City of La Pine and Sunriver La Pine
Economic Development/Economic Development of Central Oregon) conducted the vote for
repealing in entirety the 1993 CCR's for the La Pine Industrial Site, and amending the 2002
CCR's for the Newberry Business Park pursuant to the requirements necessary for such as
listed within those documents as follows:
• 1993 OCR's to be repealed in entirety
• 2002 CCR's to be amended to retain only Section 3, Architectural Controls, as well as
including new and amended provisions regarding the administration thereof.
Current Issue:
As a result of the affirmative vote on both issues, the formal process to repeal and amend the
CCR's as stated above requires an Order approved by the Board of Commissioners (draft Order
is attached) - a draft of the amended CCR's is also attached as an exhibit to the Order. The
amended OCR's include the basic provisions to guide the architectural design of new
construction within the Newberry Business Park, as well as the procedural elements for
governance of the CCR's. Included in the draft Order is a provision authorizing the Sunriver La
Pine Economic Development Board to appoint a three (3) person subcommittee thereof to act
as the Architectural Review Committee. Lastly, the Order also contains a provision stating that
the CCR's shall automatically expire upon adoption of new architectural regulations for
industrially zoned lands by the City of La Pine.
Recommendation:
As a result of the affirmative vote, with support by the City of La Pine and the Sunriver La Pine
Economic Development Board/Economic Development of Central Oregon, staff recommends
that the Board adopt the attached Order and amended CCR's. If authorized, Staff will bring
forward the Order for consideration of approval by the Board at a regular business meeting.
2
Non -County Owners
La Pine Industrical Site Phase Newberry Business Park
Notes
Yes
No
Yes
No
27
3
18
1
35
0
21
0
Tally Non -county owners
62
3
39
1
Tally all County Owned
All Votes Total
Total possible votes
of total as yes
County Owned
La Pine Industrical Site Phase Newberry Business Park
Yes
No
Yes
No
57
3
30
1
57
0
30
0
Total all Non -County and County Owned
La Pine Industrical Site Phase Newberry Business Park
Yes
No
Yes
No
119
3
69
1
Industrial
Newberry
134
78
88.81%
88.46%
Received Ballots
Yes vote, no reply but have proof of recd mail
La Pine Industrial Phase
Properties with votes 122
RU (Returned Unopened) 5
0 =No proof, unreturned 7 (4 owners, 7 properties, so only 4 remain with no mailing proof, or no returned mail)
Possible Votes 134
Newberry Business Park
Properties with votes
RU (Returned Unopened)
0 =No proof, unreturned
Possible Votes
70
3
5 (4 owners, 7 properties. So, 4 remain with no mailing proof, or no returned mail)
78
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
In the Matter of Repealing and Amending
Covenants, Conditions and Restrictions for
Industrial Land in La Pine, OR
*
ORDER NO. 2017-033
WHEREAS, Deschutes County owned (owns), developed and sold industrially zoned land in
La Pine, Oregon; and
WHEREAS, Deschutes County, as the owner and developer of the industrially zoned land in
La Pine had the authority to create and apply Covenants, Conditions and Restrictions (CCR"S) to
such lands to guide development prior to the incorporation of the City of La Pine; and,
WHEREAS, the current applicable land use regulations adopted and administered by the City
of La Pine are duplicative of the CCR's and are appropriate to now govern land development; and,
WHEREAS, the CCR's for the La Pine Industrial Park (recorded with the Deschutes County
Clerk at Vol. 321, Page 1574) and the Newberry Business Park (recorded with the Deschutes County
Clerk at 2002-08641) were subject to a vote of the owners as specified therein for repeal and
amendment respectively, saving the architectural requirements for the Newberry Business Park; and,
WHEREAS, the result of the vote was in favor of the proposed repeal and amendments; and,
WHEREAS, the architectural review standards for the Newberry Business Park shall continue
to apply as amended; and,
WHEREAS, a subcommittee of the Sunriver La Pine Economic Development board will act as
the architectural review committee (ARC) for the Newberry Business Park; and,
WHEREAS, upon adoption of architectural review regulations by the City of La Pine for the
industrially zoned lands within the Newberry Business Park the architectural standards applicable
through the CCR's shall automatically expire; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The CCR's for the La Pine Industrial Park (recorded with the Deschutes County
Clerk at Vol. 321, Page 1574) are repealed in entirety.
Section 2. The CCR's for the Newberry Business Park (recorded with the Deschutes County
Clerk at 2002-08641) are amended to include only those architectural review, enforcement and
administrative requirements as included in Exhibit A, attached hereto.
PAGE 1 OF 2 ORDER NO 2017-033
Section 3. A 3 -member subcommittee of the Sunriver La Pine Economic Development Board,
as appointed from within, will serve as the Architectural Review Committee for the architectural
standards applicable to the Newberry Business Park.
Section 4. The CCR's applicable to the Newberry Business Park as contained in Exhibit A
attached hereto shall automatically expire upon adoption of architectural regulations for industrially
zoned lands by the City of La Pine.
DATED this day of September, 2017,
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTHONY DEBONE, Vice Chair
Recording Secretary PHILIP G. HENDERSON, Commissioner
PAGE 2 OF 2 ORDER NO 2017-033
Exhibit A to Order #2017-033
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
NEWBERRY BUSINESS PARK
PURPOSE AND INTENT
The purpose and intent of these Restrictive Covenants as adopted and imposed by the
Declarant (Deschutes County) is to provide guidance for the architectural design of new
construction in the Newberry Business Park, also known as the La Pine Industrial Site Phase III,
which is depicted and described in Exhibit A. Except where this Declaration conflicts with any
applicable government regulations, this Declaration shall be binding upon all owners, lessees,
licensees, occupants and users of the property subject to this Declaration and their successors
in interest as set forth herein.
DESIGN PHILOSOPHY
Newberry Business Park is being developed to foster the creation of family wage jobs in the La
Pine Area by providing improved sites for smaller users within the overall La Pine Industrial
Park. However, it is also the purpose of the Declarant to provide a business environment that
will enhance La Pine's image as a business location in Deschutes County. The Architectural
Controls included herein are intended to establish, preserve and protect a quality environment
for its tenants and the La Pine community. It is the intent of the Declarant to ensure strict
conformance with these Restrictive Covenants in order to adhere to this design philosophy.
SECTION 1. DEFINITIONS
1.1 Block: The term Block shall mean those areas designated as Blocks on subdivision or
partition maps according to the records of Deschutes County.
1.2 Declarant: The term Declarant shall mean Deschutes County.
1.3 Declaration: The Declaration shall mean this Amended Declaration of Covenants,
Conditions and Restrictions for Newberry Business Park.
1.4 Design Review Committee: The Design Review Committee is that committee
established at the sole discretion of and by Order of the Deschutes County Board of
Commissioners.
1.5 Earth Tones: Subdued colors which are generally found in the surrounding landscape.
1.6 Improvements: The term improvements shall include but is not limited to, any buildings,
outbuildings, fences and barriers, retaining walls, stairs, decks and all other structures
above the land surface.
1.7 Lot: The term Lot shall mean the fractional part of the Blocks as divided and subdivided
on subdivision or partition maps according to the records of Deschutes County.
1.8 Owner: Owner shall mean and refer to all holders of fee title to any Lot.
1
SECTION 2. PROPERTY SUBJECT TO THE COVENANTS, CONDITIONS AND
RESTRICTIONS FOR NEWBERRY BUSINESS PARK
2.1 General Declaration Creating Newberry Business Park: Declarant hereby declares that
all of the real property located in Deschutes County, Oregon, described in Exhibit A is
and shall be hypothecated, encumbered, leased, occupied, built upon, or otherwise
used, improved or transferred in whole or part subject to this Declaration. All of said
Restrictions are declared and agreed to be in furtherance of the general plans of the
subdivision and are established with the purpose of protecting the desirability and
attractiveness of said real property and every part thereof. All of the Covenants,
Conditions and Restrictions of Newberry Business Park run with all of said property for
all purposes and shall be binding upon and inure to the benefit of Declarant and all
Owners and their successors in interest as set forth in this Declaration.
SECTION 3. ARCHITECTURAL CONTROLS
3.1 Design Review Committee: Declarant directs the creation of a Design Review
Committee for the purpose of applying architectural controls within the Newberry
Business Park. Such Design Review Committee shall be comprised of three members of
which all three members shall be members of the city or any contracted agency's
economic development advisory board. Upon the adoption of an architectural or design
review committee by the City of La Pine, the Design Review Committee shall disband
and transfer all responsibilities to the City of La Pine's Architectural or Design Review
Committee.
3.2 Approval Required: No improvements shall be erected on any land subject to
this Declaration until plans or specifications have been submitted to and approved in
writing by the Design Review Committee.
3.3 Procedure: Prior to erecting or expanding any permanent structure on any land subject
to this Declaration, any entity proposing to construct any improvements within Newberry
Business Park shall follow the procedures and be subject to the approvals required by
Paragraphs 3.4 through 3.8. Failure to follow such procedures or obtain such approvals
as required by Paragraphs 3.4 through 3.8 below shall be deemed a breach of this
Declaration.
3.4 Required Documents: Any owner proposing to utilize, improve, or develop real property
within the Newberry Business Park shall submit to the Design Review Committee the
following items for review:
(A) A full set of stamped architectural plans including building elevation drawing
3.5 Review: All plans and drawings identified in Paragraph 3.4 above shall be submitted to
the Design Review Committee for review prior to construction of any permanent
structure. The Design Review Committee shall review the plans and shall inform the
owner of the proposed facility in writing whether the plans conform to Design Review
Committee standards. Those plans that are professionally executed better aid the
Design Review Committee in determining the conformity of the plans. In the event owner
is not notified as to the conformity of the plans within the 30 -day review period, the plans
are conclusively presumed to be approved as submitted. In the event any aspect of any
2
of the development plans does not conform to the Design Review Committee standards,
the owner shall resubmit those non -conforming portions of the plans for review in
accordance with the procedures outlined in Paragraph 3.4 above, and this Paragraph.
No permanent structures may be constructed unless and until all aspects of all plans
required under Paragraph 3.4 above have been approved by the Design Review
Committee.
3.6 Architectural Guidelines: The development concept for the Newberry Business Park
shall be determined by the Design Review Committee in accordance with applicable
statutes, ordinances, regulations, zoning and other governmental land use controls. In
an effort to maintain architectural integrity of the Newberry Business Park, the Design
Review committee shall require any new construction in the Newberry Business Park to
comply with the following six architectural guidelines:
1. All building exteriors shall be in an earth tone color scheme.
2. Raw materials shall not be visibly stored between the road and new building.
3. If process design allows, Public Entrance to new facilities may not be on North side of
the building for winter safety.
4. All buildings shall have covered public entryways.
5. All buildings shall 2 foot eaves visible from the road.
Special consideration will be given to any building pursuing LEED certification.
Architectural guidelines setting forth various aspects of the development concept, in
addition to this Declaration, may be published from time to time by the Design Review
Committee, but the Design Review Committee shall not be required to do so. The
Design Review Committee shall have the right to alter, rescind, or amend any published
guidelines without prior notice to any party; provided however, that once approval has
been given pursuant to Paragraph 3.5 above, work may proceed in accordance with the
approved plans and drawings, notwithstanding any changes in the development
concept. All such guidelines shall be in general conformity with this Declaration.
3.7 Inspection: All work related to any building, structure, or facility within the Newberry
Business Park shall be performed in conformity with the plans and drawings approved
under Paragraph 3.5 above. The Design Review Committee shall have the right to
inspect any such work to determine its conformity with the approved plans and drawings.
In the event that it is determined in good faith by the Design Review Committee that
certain work is non -conforming, the Design Review Committee may require the Owner to
correct all non -conforming work specified in the notice before full operations commence
at the facility. Commencement of full operations without correction of any such non-
conforming items shall be deemed a breach of this Declaration. The Design Review
Committee or officer, director, employee, agent, or servant of Declarant shall not be
responsible for damages, loss, delay, cost or legal expense occasioned through an order
given in good faith if it is ultimately determined that such work was in conformity with the
approved plans and drawings.
3.8 Waiver: Any condition or provision of Paragraphs 3.3 through 3.7 above may be waived
by the Design Review Committee in their exclusive discretion. Any waiver shall be in
general conformity with the development concept and development standards for the
Newberry Business Park. Any such waiver shall not be deemed a general waiver of any
aspect of the development concept or the required procedures and approvals specified
under Paragraphs 3.3 through 3.7. The granting of a waiver as to one Owner shall not
3
automatically entitle any other Owner to the waiver of the same or similar conditions or
provisions. No waiver shall be valid unless it is in writing signed by an authorized
representative of the Design Review Committee and delivered by certified mail to the
party claiming the benefit of such waiver.
3.9 Control by the Design Review Committee: The Design Review Committee, as
established by Order of the Deschutes County Board of Commissioners (Declarant),
shall exclusively exercise all architectural controls prescribed under this Declaration,
until such time as the Declarant terminates it's interest (by ownership or otherwise) in
any and all property in Newberry Business Park.
3.10 Duration: The Covenants, Conditions and Restrictions of Newberry Business Park shall
continue to remain in full force and effect at all times with respect to all property, and
each part thereof, now or hereafter made subject to (subject however to the right to
amend and repeal as provided herein) for a period of fifteen (15) years from the date this
Amended Declaration is recorded. However, unless within one (1) year from the date of
said termination there shall be recorded an instrument directing the termination of this
Declaration signed by the Owners of not less than two-thirds (2/3) of the property then
subject to this Declaration, based on the number of lots subject to these Restrictions
(excluding dedicated streets) this Declaration, as in effect immediately prior to the
expiration date, shall be continued automatically without further notice for an additional
period of ten (10) years and thereafter for successive periods of ten (10) years unless
within one year prior to the expiration of such period the Covenants, Conditions and
Restrictions for Newberry Business Park are terminated as set forth above in this
Section.
3.11 Amendment: This Declaration or any provision thereof, of any Covenant, Condition or
Restriction contained herein, may be terminated, extended, modified or amended, as to
the whole of said property or any part thereof with a written consent of the Owners of
two-thirds (2/3) of the property subject to these Restrictions based on the number of lots
owned as compared too the total number of Lots subject to these Restrictions (excluding
dedicated streets). Provided, however, that as long as Declarant owns at least twenty
five percent (25%) of the property subject to these Restrictions, no such termination,
extension, modification or amendment shall be effective without written approval of the
Declarant.
3.12 Recordation: Any amendment, deletion or repeal of this Declaration shall not become
effective until recorded in the Official Records of Deschutes County.
3.13 Enforcement: This Declaration shall be specifically enforceable by the Declarant and its
designated Design Review Committee, or by any Owner of any Lot in Newberry
Business Park. However, enforcement of the Declaration shall not be mandatory or
obligatory of the Declarant and its designated Design Review Committee, or by any
Owner of any Lot in Newberry Business Park. Any breach of this Declaration shall
subject the breaching party to any and all legal remedies, including damages. In the
event that legal suit or legal action is instituted for the enforcement of this Declaration or
for any remedy for the breach of this Declaration, the prevailing party shall recover that
party's reasonable attorney fees incurred in such suit or action (or any appeal therefrom)
as adjusted by the trial of the appellate court.
3.14 Nonqualifying Improvements and Violation of General Protective Covenants:
4
(A) Suit or Action.
(B) Attorney Fees.
SECTION 4. EFFECT OF DECLARATION
The Covenants, Conditions and Restrictions of this Declaration shall run with the land included
within the Newberry Business Park and shall bind, benefit and burden each Lot within Newberry
Business Park. The terms of this Declaration shall inure to the benefit and shall bind Declarant,
along with all their successors, assigns, heirs, administrators, executors, mortgagees, lessees,
invitees or any other party claiming or deriving any right, title or interest or use in or to any real
property in Newberry Business Park. The regulations set forth herein shall be binding upon all
Owners, lessees, licensees, occupants and users of the property known as Newberry Business
park and their successors in interest as set forth in this Declaration, including any person who
holds such interest as security for payment of an obligation including any mortgages or other
security holder in actual possession of any Lot by foreclosure or otherwise and any other person
taking title from such security holder.
DECLARANT:
DATED this day of BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: ANTHONY DEBONE, Vice -Chair
Recording Secretary
STATE OF OREGON
County of Deschutes
) ss.
)
PHILIP G. HENDERSON, Commissioner
Before me, a Notary Public, personally appeared TAMMY BANEY, ANTHONY DEBONE and PHILIP G.
HENDERSON the above-named Board of County Commissioners of Deschutes County, Oregon and
acknowledged the foregoing instrument on behalf of Deschutes County, Oregon.
DATED this day of
Notary Public for Oregon
My Commission Expires:
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Mailing Date:
Friday, August 25, 2017
unity Development Department
i ng Safety cession Environtnent 15oPis Division
nn Division a 1
P.O. Box 6 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541) 388-6575 Fax (541) 385-17614
http://www.de schutes.org/cd
FINDINGS AND DECISION
FILE NUMBER: 247 -17 -000151 -AD
APPLICANT/OWNER: Ralph Hamond
67070 Gist Road
Bend, Oregon 97703
REQUEST:
The applicant is requesting an Administrative Determination to convert
from a medical marijuana production facility to a recreational marijuana
production facility on a 5.01 -acre parcel in the Exclusive Farm Use
Zone — Tumalo/Redmond/Bend Subzone.
STAFF CONTACT: Cynthia Smidt, Associate Planner
APPLICABLE CRITERIA:
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16. Exclusive Farm Use Zone
Chapter 18.84. Landscape Management Combining Zone
Chapter 18.116. Supplemental Provisions
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
A. LOCATION: The subject property has an assigned address of 67070 Gist Road, Bend and
is identified on Deschutes County Assessor's Map No. 15-11-31, as Tax Lot 1301.
B. LOT OF RECORD: Deschutes County recognizes the subject property as a legal lot of
record because it is Parcel 1 of MP -78-249 (see County Survey no. CS00726).
C. ZONING: The subject property is zoned Exclusive Farm Use Zone - Tumalo/Redmond/Bend
Subzone (EFU-TRB). The property is also within the Landscape Management (LM)
Combining Zone.
D. SITE DESCRIPTION: The subject property is approximately 5.01 acres and rectangular.
The site has relatively level terrain with vegetation including. trees, pasture, and introduced
landscaping. Gist Road abuts the property along its western boundary, which provides
primary access to the site. The property is currently developed with a single-family dwelling
Qua
y Services Pero ned with Pride
and accessory structures (e.g. barn, shed, and greenhouse). According to the Flood
Insurance Rate Map for Deschutes County and the National Wetlands Inventory,
respectively, the subject property is not located in the 100 -year flood plain and does not
contain wetlands.
E. SURROUNDING LAND USES: The area surrounding the subject property consists of mostly
developed and vacant rural residential properties and farm -zoned parcels. Residentially zoned
parcels are located to the northwest of the property. To the north, south, and east are farm -
zoned parcels, either developed or vacant, and with some small-scale farm uses occurring.
Zoning in the area is a mixture of Multiple Use Agricultural and Exclusive Farm Use.
F. PROPOSAL: The applicant is requesting approval of an Administrative Determination to
establish a marijuana production facility (grow) on the subject property. In particular, the
applicant is requesting the conversion of an existing medical marijuana production facility,
which was registered with Oregon Health Authority (OHA) on January 21, 2016, to a
recreational marijuana production facility licensed through Oregon Liquor Control
Commission (OLCC). The proposal consists of a maximum mature plant canopy size of
1,650 square feet within two existing accessory structures. One existing structure used with
this proposal is a 1974 barn that is divided in half, separated by a wall. One-half of the barn,
approximately 200 square feet, is used for marijuana production. The other half is used for
personal storage. The other structure used with this proposal is a 1,440 square foot
greenhouse.
G. LAND USE HISTORY: The subject property has had the following land use permit history:
SP -88-8 Site plan review for a private school
LM -09-32 Site plan review for replacement dwelling
H. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies
and received the following comments:
1. Central Electric Cooperative (CEC): The following comments were received on March
21, 2017:
CEC requests the applicant apply for a new electrical service by calling 541-548-
2144 and provide electrical load and demand requirements for this activity. CEC
will determine if capacity is available
Christy Ward, Customer Service Representative provided the following comments in a
May 3, 2017 letter to the applicant.
In response to your inquiry, please be advised that the property located at 67070
Gist Rd in Deschutes County, Oregon, is within the service area of Central Electric
Cooperative, Inc.
Central Electric Cooperative has reviewed the provided load information (400 amp
Single phase service) associated with the submitted Recreational Marijuana Grow
Facility and is willing and able to serve this location in accordance with the rates
and policies and of Central Electric Cooperative.
2. Deschutes County Building Safety Division: Randy Scheid, Building Safety Director,
submitted comments on March 17, 2017. Mr. Scheid's comments are below:
247 -17 -000151 -AD, Hamond Page 2
The Deschutes County Building Safety Division code required Access, Egress,
Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. will be
specifically addressed during the plan review process for any proposed
structures and occupancies. All Building Code required items will be addressed,
when a specific structure, occupancy, and type of construction is proposed and
submitted for plan review.
3. Deschutes County Road Department: George Kolb, County Engineer, provided the
following comment on March 23, 2017:
An access permit will be needed for the access onto Gist Road.
4. Deschutes County Transportation Planner: Peter Russell, Senior Transportation Planner
submitted the following comments, on March 20, 2017:
I have reviewed the transmittal materials for 247 -17 -000151 -AD to convert an
existing medical marijuana production (grow) site into a recreational grow site on
a 5.1 -acre parcel in the Exclusive Farm Use (EFU) zone at 67070 Gist Road, aka
15-11-31, Tax Lot 1301.
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
a greenhouse of 1,440 square feet (48'X 30') and a barn of 200 square feet (20'
X 10') will be used for cannabis production and support, totaling 1,600 square feet
(1,400' + 200). The resulting trip rate would be 5.7 daily trips (3.56 X 1.6).
Deschutes County Code (DCC) at 18.116.310(C)(3)(b) states no further traffic
analysis is needed if the use will generate less than 50 new weekday trips. The
proposed land use will not exceed that minimum threshold and no additional traffic
analysis is necessary.
Board Resolution 2013-020 sets a (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 would result in 0.88 p.m. peak hour trips (0.32 X 1.6). Thus
the applicable SDC normally would be $3,390 (0.88 X $3,852). However, the
marijuana operation was previously established as a medical grow. The square
footage of the buildings used remains the same, the only difference is the plants
under this land use application would be grown for recreational purposes. As this
proposed conversion does not produce additional trips, there is no SDC assessed.
If the size of the buildings were to increase, then an SDC would be assessed for
the expansion.
5. The following agencies did not respond or had no comments: Cloverdale Rural Fire
Protection District, Deschutes County Assessor, Deschutes County Environmental Soils
Division, Deschutes County Property Address Coordinator, Deschutes County Sheriff,
Oregon Liquor Control Commission, and Watermaster — District 11.
I. PUBLIC COMMENTS: The Planning Division sent notice of this proposal to all property
owners within 750 feet of the subject property. Four comments were submitted in opposition
of the proposal.
247 -17 -000151 -AD, Hamond Page 3
J. NOTICE REQUIREMENT: The applicant complied with the posted notice requirements of
Section 22.24.030(B) of Deschutes County Code (DCC) Title 22. The applicant submitted a
Land Use Action Sign Affidavit, dated March 16, 2017, indicating the applicant posted notice
of the land use action on March 17, 2017.
K. REVIEW PERIOD: The application was submitted to the Planning Division on March 9, 2017.
An incomplete application letter was sent on April 7, 2017. The applicant responded with
additional information by June 6, 2017. The Planning Division deemed this application
complete and accepted it for review on June 6, 2017. The 150th day on which the County
must take final action on this application is November 3, 2017.
III. FINDINGS AND CONCLUSIONS:
Title 18, Deschutes County Zoning Ordinance.
A. CHAPTER 18.16. EXCLUSIVE FARM USE ZONE
1. Section 18.16.020. Uses 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 applicant is proposing marijuana production on the subject property, a
use permitted outright subject to compliance with the applicable provisions of DCC
18.116.330. Compliance with the provisions of DCC 18.116.330 is addressed later in the
decision.
2. Section 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: The marijuana production facility will be established in two existing accessory
structures, a greenhouse and small barn. There are no new structures proposed.
Therefore, this criterion is not applicable. However, for reference, the greenhouse is
approximately 16 feet in height and the barn is approximately 14 feet in height.
3. Section 18.16.070. Yards.
A. The front yard shall be a minimum of: 40 feet from a property line fronting on a
local street, 60 feet from a property line fronting on a collector street, and 100
feet from a property line fronting on an arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling
proposed on property with side yards adjacent to property currently employed
in farm use, and receiving special assessment for farm use, the side yard shall
be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling
proposed on property with a rear yard adjacent to property currently employed
247 -17 -000151 -AD, Hamond Page 4
in farm use, and receiving special assessment for farm use, the rear yard shall
be a minimum of 100 feet.
D. In addition to the setbacks set forth herein, any greater setbacks required by
applicable building or structural codes adopted by the State of Oregon and/or
the County under DCC 15.04 shall be met.
FINDING: As indicated previously, the marijuana production facility will be established in
existing accessory structures, which include a greenhouse and a portion (half) of a small
barn. For reference, the two existing structures for this proposal are located in the eastern
region of the property. The existing barn, established in 1974 according to the applicant, is
located in the northeastern region. The barn has an approximate front (west) yard setbacks
from Gist Road of 560 feet. Side yard setbacks from the north and south property
boundaries are approximately 55 feet and 235 feet, respectively. The rear (east) yard
setback is approximately 15 feet.' The existing greenhouse, located south of the barn, has
an approximate front (west) yard setback from Gist Road of 560 feet. Side yard setbacks
from the north and south property boundaries are approximately 159 feet and 123 feet,
respectively. The rear (east) yard setback is approximately 30 feet. No exterior alterations,
new structures, or other site improvements are proposed. These criteria are satisfied.
B. CHAPTER 18.84. LANDSCAPE MANAGEMENT COMBINING ZONE
1. Section 18.84.020. Application of Provisions.
The provisions of this chapter shall apply to all areas within one-fourth mile of
roads identified as landscape management corridors in the Comprehensive Plan
and the County Zoning Map. The provisions of this chapter shall also apply to all
areas within the boundaries of a State scenic waterway or Federal wild and scenic
river corridor and all areas within 660 feet of rivers and streams otherwise identified
a landscape management corridors in the comprehensive plan and the County
Zoning Map. The distance specified above shall be measured horizontally from the
centerline of designated landscape management roadways or from the nearest
ordinary high water mark of a designated landscape management river or stream.
The limitation in this section shall not unduly restrict accepted agricultural
practices.
FINDING: Gist Road located west of the subject property, is identified on the County
Zoning Map as the landscape management feature in the area. The marijuana production
facility is proposed within two existing accessory structures that include a greenhouse
and the portion of an existing barn. The existing barn was established in 1974. The
applicant does not propose an addition to this structure. The design and construction of
the greenhouse does not require a building permit. According to DCC 18.84.050, the LM
Zone is not applicable for structures not requiring a building permit.
C. CHAPTER 18.116, SUPPLEMENTARY PROVISIONS
1. Section 18.116.330. Marijuana Production, Processing, and Retailing
A. Applicability. Section 18.116.330 applies to:
1 In 1974, PL -5 was the regulating zoning ordinance. Article 6 of PL -5 provided a setback exception for
detached accessory structures located on property that was not adjacent to an alley. The setback exception
allowed for a 6 -foot setback.
247 -17 -000151 -AD, Hamond Page 5
1. Marijuana Production in the EFU, MUA-10, and RI zones.
FINDING: The applicant has proposed marijuana production in an EFU zone. This
criterion is met.
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 5.01 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 located in the EFU zone. The proposed facility will be
located entirely within existing accessory structures that include a greenhouse and a
portion of an existing barn. This standard is met.
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:
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 less 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.
FINDING: The applicant has proposed up to 1,650 square feet in mature plant canopy
area, as allowed under Section (a) for properties 5 acres to less than 10 acres in lot area.
As mentioned above, the subject property is 5.01 acres in size, which includes in gross
247 -17 -000151 -AD, Hamond Page 6
lot areas all streets, roads, and easement of access to other property that would accrue
to that lot if the road, street, or easement were vacated. This standard is met.
4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building
floor area used for all activities associated with marijuana production and
processing on the subject property shall be:
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: 5,000 square feet.
FINDING: The above criteria applies to properties within the MUA-10 Zone. The subject
property is within the EFU Zone. This standard is not applicable.
5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon
Liquor Control Commission (OLCC) licensed marijuana production or
Oregon Health Authority (OHA) registered medical marijuana grow site shall
be allowed per legal parcel or lot.
FINDING: The applicant is converting the OHA registered medical marijuana facility
located at the property to an OLCC licensed facility. The proposal with the conversion
will include only one OLCC licensed marijuana production site with no OHA registered
medical marijuana grow site.
6. Setbacks. The following setbacks shall apply to all marijuana production
and processing areas and buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 100 feet.
FINDING: The marijuana production facility will be established in existing accessory
structures on the property, including a greenhouse and a portion of a small barn. The
existing barn, established in 1974, has an approximate front (west) yard setbacks from
Gist Road of 560 feet. Side yard setbacks from the north and south property boundaries
are approximately 55 feet and 235 feet, respectively. The rear (east) yard setback is
approximately 15 feet. The applicant is requesting an exception to the north side and
rear yard setbacks as discussed below in subsection (c). The greenhouse has a front
yard setback from Gist Road of approximately 561 feet. The side yard setbacks from the
north and south property boundaries are 159 feet and 123 feet, respectively. The rear
yard setback is approximately 30 feet. The applicant is requesting an exception to the
barn's north side and rear yard setbacks and the greenhouse's rear yard setback, as
discussed below in subsection (c).
b. Setback from an off-site dwelling: 300 feet.
For the purposes of this criterion, an off-site dwelling includes those
proposed off-site dwellings with a building permit application submitted to
Deschutes County prior to submission of the marijuana production or
processing application to Deschutes County.
FINDING: The submitted application materials show the existing accessory structures
intended for the marijuana production will be no less than 300 feet from off-site dwellings
in the area. This criterion is satisfied.
c. Exception: Any reduction to these setback requirements may be
granted by the Planning Director or Hearings Body provided the
247 -17 -000151 -AD, Hamond Page 7
applicant demonstrates the reduced setbacks afford equal or greater
mitigation of visual, odor, noise, lighting, privacy, and access impacts.
FINDING: The applicant is proposing to convert the existing medical marijuana
production facility to a general or recreational marijuana production facility. The
marijuana production facility will occur within two existing accessory structures located in
the eastern region of the property. The applicant is requesting an exception to the 100 -
foot setback standard for three setbacks.
In the northeastern region of the property is a small barn that was established in 1974. The
barn is divided in half, separated by a wall. The applicant uses half of the barn,
approximately 200 square feet, for marijuana production. The other half is used for
personal storage. The setbacks for the barn include a side (north) setback of approximately
55 feet and a rear (east) setback of 15 feet. The setbacks of the existing barn match those
that were required under the previous zoning ordinance, PL -5. The applicant is not
proposing any modifications of the existing barn. The exterior siding and roofing material
match the residential use of the property and existing single-family dwelling.
The marijuana production will also occur in the existing 1,440 square foot greenhouse.
From the east property boundary, the greenhouse has a rear setback of approximately
30 feet. The applicant states that the greenhouse location was intentional by constructing
it in "the least conspicuous location on the property out of respect for my neighbors." The
greenhouse was constructed east of existing on-site development and in compliance with
current setback standards.
In support of the request for an exception, the applicant states the placement of the
structures was chosen "to afford greater mitigation of visual, odor, noise, lighting, privacy,
and access impacts." The topography of the area is relatively level and so the existing
on-site development helps screen the greenhouse from some neighboring properties.
Both the barn and greenhouse are east of the existing single-family dwelling and further
away from most surrounding development. The closest neighboring dwelling from the
proposed use is approximately 330 feet to the southeast. The next closest neighbors are
located to the southwest and west, approximately 546 feet and 735 feet, respectively. In
addition, the exterior siding and roofing materials of the barn match the residential use of
the property and existing single-family dwelling. Building height of the each structure is
no more than 16 feet. Regarding odor and noise, the applicant states the proposal
complies with the related standards, which are addressed later in this decision.
Regarding lighting, privacy, and access, the applicant notes that because these enclosed
buildings exist and no alteration to the existing access is proposed there will be no
additional related impacts. Based on this information, staff finds this standard is 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;
247 -17 -000151 -AD, Hamond Page 8
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(6)(7) shall not result in the marijuana producer or marijuana
processor being in violation of DCC 18.116.330(6)(7) if the use is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
111. Lawfully established.
FINDING: Twenty-one properties are wholly or partially within 1,000 feet of the subject
property. None of these properties is in a use described in this section or is subject to
subsection (c).2 These criteria appear to be met.
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
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:
1. 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.
FINDING: Access to the site is taken from Gist Road. The applicant proposes a maximum
canopy size of 1,650 square feet; therefore, these criteria are not applicable.
9. Lighting. Lighting shall be regulated as follows:
a. 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.
2 Bridges Academy was formerly located at 67030 Gist Road, located south of the subject property. However,
according to a letter from Joan McOmber, former Executive Director, Bridges Academy closed on January 13,
2017. Therefore, staff finds this school and its location is not applicable to this case.
247 -17 -000151 -AD, Hamond Page 9
b. 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.
c. Light cast by exterior light fixtures other than marijuana grow lights shall
comply with DCC 15.10, Outdoor Lighting Control.
FINDING: The applicant has proposed to limit visible lighting outside the structure from
7:00 p.m. to 7:00 a.m. To ensure compliance, staff includes these criteria as conditions
of approval.
10. Odor. As used in DCC 18.116.330(8)(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.
e. The system shall be maintained in working order and shall be in use.
FINDING: The applicant submitted a narrative report stamped by mechanical engineer
Jay J. Castino describing how the system will meet the requirements of this section. Staff
confirmed Mr. Castino's certificate number on the Oregon State Board of Examiners for
Engineering and Land Surveying's website, which lists Mr. Castino's license information
and identifies him as a mechanical engineer. To ensure compliance, it will be made a
condition of approval that an effective odor control system at all times must prevent
unreasonable interference of neighbors' use and enjoyment of their property. The odor
control system shall be maintained in working order and shall be in use.
11. Noise. Noise produced by marijuana production and marijuana processing
shall comply with the following:
a. Sustained noise from mechanical equipment used for heating,
ventilation, air condition, 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.
b. Sustained noise from marijuana production is exempt from protections
of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for
accepted farming practices is permitted.
247 -17 -000151 -AD, Hamond Page 10
FINDING: The applicant submitted a letter from the licensed mechanical engineer
referenced above, which includes a statement that the proposal will comply with this
section because, "the equipment specifications and our calculations indicate that the
sound level will not be above 30 dba, as measured from any property line, between 1 Opm
and 7am." To ensure compliance, it will be made a condition of approval that sustained
noise from mechanical equipment used for heating, ventilation, air condition, 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.
12. Screening and Fencing. The following screening standards shall apply to
greenhouses, hoop houses, and similar non -rigid structures and land areas
used for marijuana production and processing:
a. Subject to DCC 18.84, Landscape Management Combining Zone
approval, if applicable.
b. Fencing shall be finished in a muted earth tone that blends with the
surrounding natural landscape and shall not be constructed of
temporary materials 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: Gist Road, located west of the subject property, is identified on the County
Zoning Map as the landscape management feature in the area. The entire property,
including the marijuana production facility, is located within the LM Zone associated with
Gist Road. The applicant is not proposing any new fencing or razor wire. Furthermore,
the applicant proposes to retain screening vegetation as part of this project. As an
ongoing condition of approval, the existing tree and shrub cover screening the
development from the public right-of-way and adjacent properties shall be retained to the
maximum extent possible. This criterion will be met.
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 is proposing to convert the existing medical marijuana production
facility to a general or recreational marijuana production facility. Regarding water rights, a
certificate of water rights was included with the application. According to the applicant,
"This water right is supplied by the Plainview Ditch that runs through the property during
agriculture season." In addition, subject property uses a shared well with neighboring
247 -17 -000151 -AD, Hamond Page 11
property located at 67040 Gist Road (tax lot 1304). The applicant applied to the Oregon
Water Resources Department (OWRD) in February of 2015 for 1.0 acre of groundwater for
nursery use. Upon final approval of OWRD, the additional water will be supplied from the
shared well. In the interim, the applicant is purchasing water from Bend Water Hauling.
Based on the information in the record, staff finds this criterion will be met.
14. Fire protection for processing of cannabinoid extracts. Processing of
cannabinoid extracts shall only be permitted on properties located within
the boundaries of or under contract with a fire protection district.
FINDING: This criterion does not apply because it pertains to marijuana processing not
production.
15. Utility Verification. A statement from each utility company proposed to
serve the operation, stating that each such company is able and willing to
serve the operation, shall be provided.
FINDING: Christy Ward from Central Electric Cooperative provided the following
comments on May 3, 2017.
Central Electric Cooperative has reviewed the provided load information (400 amp
Single phase service) associated with the submitted Recreational Marijuana Grow
Facility and is willing and able to serve this location in accordance with the rates
and policies and of Central Electric Cooperative.
This criterion is met.
16. Security Cameras. If security cameras are used, they shall be directed to
record only the subject property and public rights-of-way, except as
required to comply with requirements of the OLCC or the OHA.
FINDING: The applicant proposes security cameras with this proposal. The applicant
acknowledges the requirement noted above. The proposed security cameras will be
directed to record only the subject property. To ensure compliance, staff includes it as a
condition of approval.
17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste
receptacle in the possession of and under the control of the OLCC licensee
or OHA Person Responsible for the Grow Site (PRMG).
FINDING: The applicant acknowledges this requirement. Staff includes this requirement
as a condition of approval.
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.
247 -17 -000151 -AD, Hamond Page 12
FINDING: The subject property is not in the MUA-10 Zone. Therefore, this standard is
not applicable.
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(6)(9) by September 8, 2016 and with the
provisions of DCC 18.116.330(8)(10-12, 16, 17) by December 8, 2016.
FINDING: The existing grow site was lawfully established prior to June 8, 2016 by the
OHA. The proposal is to convert the existing facility to a general marijuana grow site,
which requires compliance with all provisions of DCC 18.116.330(B).
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;
Hi. 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.
b. In the MUA-10 Zone, the following uses are prohibited:
i. Commercial activities in conjunction with farm use when carried on
in conjunction with a marijuana crop.
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.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii. Bed and Breakfast.
ix. Room and Board Arrangements.
FINDING: The applicant has indicated that none of the prohibited uses identified in this
section are proposed. As a condition of approval, the uses listed in DCC 18.116.330(20)
shall be prohibited on the subject property so long as marijuana production is conducted
on the site.
D. Annual Reporting
1. An annual report shall be submitted to the Community Development
Department by the real property owner or licensee, if different, each
February 1, documenting all of the following as of December 31 of the
previous year, including the applicable fee as adopted in the current County
Fee Schedule and a fully executed Consent to Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
247 -17 -000151 -AD, Hamond Page 13
iii. State of Oregon licensing requirements.
b. Failure to timely submit the annual report, fee, and Consent to Inspect
Premises form or to demonstrate compliance with DCC
18.116.330(C)(1)(a) shall serve as acknowledgement by the real property
owner and licensee that the otherwise allowed use is not in compliance
with Deschutes County Code; authorizes permit revocation under DCC
Title 22, and may be relied upon by the State of Oregon to deny new or
license renewal(s) for the subject use.
c. Other information as may be reasonably required by the Planning
Director to ensure compliance with Deschutes County Code, applicable
State regulations, and to protect the public health, safety, and welfare.
d. Marijuana Control Plan to be established and maintained by the
Community Development Department.
e. Conditions of Approval Agreement to be established and maintained by
the Community Development Department.
f. This information shall be public record subject to ORS 192.502(17).
FINDING: Compliance with the annual reporting requirements of this section shall be a
condition of approval.
IV. CONCLUSION:
Based on the foregoing findings and conclusions, staff concludes 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.
Other permits may be required. The applicant is responsible for obtaining any necessary permits
and meeting the requirements of the Deschutes County Building Safety Division, the Deschutes
County Environmental Soils Division, and the Deschutes County Road Department, as well as
obtaining any required state and federal permits.
V. DECISION:
APPROVAL, subject to the following conditions of approval.
VI. CONDITIONS OF APPROVAL:
A. Marijuana production is conditionally approved inside the existing accessory structures. 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 conditional use application.
B. Prior to initiation of use, the applicant shall obtain an access permit to access Gist Road.
C. At all times, the following lighting standards shall apply:
1. Inside building lighting used for marijuana production shall not be visible outside the
structure from 7:00 p.m. to 7:00 a.m. on the following day.
247 -17 -000151 -AD, Hamond Page 14
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. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC
15.10, Outdoor Lighting Control.
D. At all times, the following odor standards shall apply: The proposed odor control system must
prevent unreasonable interference of neighbors' use and enjoyment of their property. The
odor control system shall be maintained in working order and shall be in use at all times.
E. At all times, the following noise standards shall apply: Sustained noise from mechanical
equipment used for heating, ventilation, air condition, 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.
F. At all times, the following fencing standards shall apply: Fencing shall be finished in a muted
earth tone and shall not be constructed of temporary materials such as plastic sheeting, hay
bales, tarps, etc.
G. At all times, the following screening standards shall apply: 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.
H. At all times, the following standards shall apply to security cameras: Security cameras shall
be directed to record only the subject property and public rights-of-way, except as required
to comply with requirements of the OLCC or the OHA.
I. At all times, the following standards shall apply to waste management: Marijuana waste shall
be stored in a secured waste receptacle in the possession of and under the control of the
OLCC licensee.
J. The following shall apply regarding prohibited uses: The uses listed in DCC 18.116.330(20)
shall be prohibited on the subject property so long as Marijuana Production is conducted on
the site. Marijuana production is prohibited in any outdoor area.
K. The following annual reporting standards shall apply: The annual reporting requirements of
DCC 18.116.330(D) shall be met. An annual report shall be submitted to the Community
Development Department by the real property owner or licensee, if different, each February
1, documenting all of the following as of December 31 of the previous year, including the
applicable fee as adopted in the current County Fee Schedule and a fully executed Consent
to Inspect Premises form:
1. Documentation demonstrating compliance with the:
a. Land use decision and permits.
b. Fire, health, safety, waste water, and building codes and laws.
c. State of Oregon licensing requirements.
2. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or
to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as
247 -17 -000151 -AD, Hamond Page 15
acknowledgement by the real property owner and licensee that the otherwise allowed use
is not in compliance with Deschutes County Code; authorizes permit revocation under
DCC Title 22, and may be relied upon by the State of Oregon to deny new or license
renewal(s) for the subject use.
3. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes County Code, applicable State regulations, and to protect the
public health, safety, and welfare.
4. Marijuana Control Plan to be established and maintained by the Community Development
Department.
5. Conditions of Approval Agreement to be established and maintained by the Community
Development Department.
6. This information shall be public record subject to ORS 192.502(17)
VII. DURATION OF APPROVAL:
The Applicant shall obtain all required permits and initiate the use within two (2) years following
the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010
of the Deschutes County Code, or this approval shall be void.
This decision becomes final twelve (12) days after the date of mailing, unless appealed by
a party of interest.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Cynthia Smidt, Associate Planner
Reviewed •r"eter Gutowsky, Planning Manager
247 -17 -000151 -AD, Hamond Page 16
Deschutes County File 247 -17 -000151 -AD
67070 Gist Road, Bend
HARM N+ TON LOCA R
IERENITYWAY ...
TAR T1-715TLE LI.4
Deschutes County GIS, Sources: Esri, USG S, NOAA
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 -17 -000151 -AD
* ORDER NO. 2017 -XXX
WHEREAS, on August , 2017, appealed an Administrative
Decision No. 247 -17 -000151 -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 or a Hearings Body's decision within
12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body; 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. Should a timely appeal of Administrative Decision No. 247 -17 -000151 -AD be filed, the
Board of County Commissioners will serve as the hearings body for the appeal consistent with applicable
provisions of DCC, including DCC 22.32.027(B)(4).
Section 2. The appeal shall be heard de novo in order to afford the Board the utmost discretion with
which to interpret DCC 18.116.330 [and any other land use criteria at issue].
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 6" of September, 2017 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
Recording Secretary PHILIP G. HENDERSON, Commissioner
PAGE 1 OF 1- ORDER NO. 2017 -XXX
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 Work Session of September 6, 2017
DATE: August 14, 2017
FROM: DeAnn Carr, Health Services, 541-322-7633
TITLE OF AGENDA ITEM:
Certified Community Behavioral Health Clinic Update August 2017
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Daniel Emerson, Management Analyst; Tyler Nass, Administrative Analyst;
George A. Conway, Health Services Director; DeAnn Carr, Behavioral Health Deputy Director;
David Inbody, Administrative Services Deputy Director; Shannon Vandegriff, Systems
Performance Program Manager
SUMMARY: Health Services will present a status report about Certified Community
Behavioral Health Clinic (CCBHC) implementation and the first three months of operations.
RECOMMENDATION & ACTION REQUESTED:
This is a status report for information only, and there is no staff recommendation.
Veterans Served
1-
0
0
0
c
Q
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New Clients by Month
Client Payer Mix by Client
0
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Average FFS Monthly Claims
Net Cash Flow By Month
Cash How *Total Expenses
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Total Number of CCBHC Filled Postitions Over Time
Filled CCBHC FTE
Open CCBHC FTE
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Percentage of Filled Behavioral Health Positions
•BH Total # of Positions •BH Total Filled Positions
0
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Average Client Income
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Client Sliding Scale Percentage
Appointment Status Breakout
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Q2 Average Visits for SPMI Clients per Month
Average Annual SPMI Income
I Diagnotic Grouping Breakouts
Schizophrenia, schizotypal a_.
\
0 0
0
0
0
Mood [affective] disorders
Neurotic, stress-related and
Mental and behavioural disci_
Behavioural and emotional d...
Disorders of psychological d,..
Organic, including symptom...
Behavioural syndromes asso...
Disorders of personality and
0
0
Q2 Average Visits for Non-SPMI Clients per Month
Average Annual Non-SPMI Income
Non-SPMI Clients and Visit Counts by Month
Non-SPMI Diagnostic Grouping Breakout
0
N
Neurotic, str
Mood (affective] disorders
a a
0 8 0
03
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111400014
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0
CCBHC Required Metrics
1. Child and Adolescent Major Depressive Disorder Suicide Risk Assessment: Percentage of consumer
visits for those consumers aged 6 through 17 years with a diagnosis of major depressive disorder
with an assessment for suicide risk
2. Adult Major Depressive Disorder Suicide Risk Assessment: Percentage of consumers aged 18 years
and older with a diagnosis of major depressive disorder with a suicide risk assessment completed
during the visit in which a new diagnosis or recurrent episode was identified
3. Screening for Clinical Depression and Follow -Up Plan: Percentage of consumers aged 12 and older
screened for clinical depression using an age-appropriate standardized depression screening tool,
and if positive, a follow-up plan is documented on the date of the positive screen
4. Depression Remission at Twelve Months: Percentage of consumers 18 years of age or older with
major depressive disorder or persistent depressive disorder who reached remission 12 months (± 30
days) after an index visit
5. Time to Initial Evaluation:
a. Metric #1: Percentage of new consumers with initial evaluation provided within 10 business
days of first contact
b. Metric #2: The mean number of days until initial evaluation for new consumers
6. Tobacco Use Screening & Cessation Intervention: Percentage of consumers aged 18 years and older
who were screened for tobacco use one or more times within 24 months AND who received
cessation counseling intervention if identified as a tobacco user
7. Unhealthy Alcohol Use Screening & Brief Counseling: Percentage of consumers aged 18 years and
older who were screened at least once within the last 24 months for unhealthy alcohol use using a
systematic screening method AND who received brief counseling if identified as an unhealthy
alcohol user
8. Body Mass Index (BMI) Screening & Follow -Up for Adults: Percentage of consumers aged 18 years
and older with a BMI documented during the current encounter or during the previous six months
AND with a BMI outside of normal parameters, a follow-up plan is documented during the
encounter or during the previous six months of the current encounter
a. Age 18 - 64 Years Normal Parameters: BMI > 18.5 and < 25 kg/m2
b. Age 65 Years and Older Normal Parameters: BMI > 23 and < 30 kg/m2
9. Body Mass Index Assessment for Children and Adolescents: Percentage of consumers ages 3 to 17
who had an outpatient visit and who had evidence of BMI percentile documentation during the
measurement year
8/9/17
CCBHC: Three -Phase Recruitment Plan
Status update of phased recruitment plan created 3/10/2017
Phases '
Positions
Status
Phase 1: March - April
3 Behavioral Health Specialist II
Hired
1 Public Health Nurse II
Hired (8-1 start date)
5 Senior Secretary
Hired
1 Patient Account Specialist II
Hired
1 Management Analyst
Hired
1 Administrative Analyst (EHR)
Hired
Phase 2: May - June
1 Psychiatrist/Psychiatric Nurse
Practitioner
Recruiting (using telemedicine to
address need while recruiting).
Discussion regarding use of
permanent LMP contractor funding
to hire a non -limited duration
position and use telemedicine for
CCBHC limited duration services
(higher likelihood of recruitment
success)
1 Public Health Nurse II
Applicant under consideration
2 Behavioral Health Specialist I
Hired
1 Senior Secretary
On hold; assessing areas of need
1 Quality Improvement Specialist
(Compliance)
Hired
1 Accounting Technician
Hired
1 Health Services Administrative
Specialist I
Hired
Phase 3: July - August
2 Psychiatrist/Psychiatric Nurse
Practitioner
Recruiting (using telemedicine to
address need while recruiting).
Discussion regarding benefit of
converting one LMP into a BH
Specialist II to enhance service
capacity
1 Public Health Nurse 11
Posted. Discussion regarding benefit
of RN vs. Medical Assistant use of
FTE
4 Peer Support Specialist
One hired, one in interview stage,
and two posted with 9/4 close date
1 Administrative Assistant
Hired
1 Patient Account Specialist II
Increased existing PAS by 0.3 FTE.
The remaining 0.7 will not be filled
8/24/2017
Certification of Consistency
with the Consolidated Plan
U.S. Department of Housing
and Urban Development
I certify that the proposed activities/projects in the application are consistent with the jurisdiction's current, approved Con solidated Plan.
(Type or clearly print the following information:)
Applicant Name:
Central Oregon Continuum of Care (OR -503)
Project Name: See attached project list
Location of the Project: City of Bend, City of Redmond
Name of the Federal
Program to which the
applicant is applying:
Crook County, Deschutes County, Jefferson County
State of Oregon
HUD Continuum of Care
Name of
Certifying Jurisdiction: Deschutes County
Certifying Official
of the Jurisdiction
Name:
Tammy Haney
Title: Deschutes County Commissioner
Signature:
Date:
Page 1 of 1 form HUD -2991 (3/98)
Central Oregon CoC OR 503
2017 Project List
New (Expansion) Projects
Applicant & Project Project Budget (including match)
Neighborlmpact
Cascasde RHY Rapid Re -Housing Expansion Project $43,589
Neighborlmpact has partnered with J Bar J to utilize the Permanent Housing Bonus offered in this
Continuum of Care Competition. These bonus funds will expand the Cascades RHY RRH renewal project
listed below by adding an additional 4 beds and 4 units. If funded, the bonus project and renewal
project will be merged into one grant. Participants will continue to be identified through shelters and
homeless services providers. At full capacity the effort will serve four additional clients. At any given
time, the project will provide up to four units and four beds. This is doubling the size of our efforts to
house runaway, homeless and street youth aged 16-22; male, female, LGBTQ and minority; and youth at
risk of sexual exploitation or trafficking. Neighborlmpact (NI) will house youth in scattered site housing.
A J Bar J Case Manager will perform intake to determine factors threatening stability and the type and
frequency of service provision. Re -housing and case management will begin upon enrollment and will
follow the "housing first" model. Youth will receive rental assistance, case management, housing
counseling and search, enrollment in mainstream benefits, counseling and budgeting, child care,
education, life skills training, employment assistance, substance abuse and mental health services,
health care, food, transportation and legal services. The Case Manager also will work with CPS.
Renewing Projects
Applicant & Project Project Budget (including match)
Central Oregon Veterans Outreach (COVO)
COVO Housing Stabilization Program $38,053
COVO is renewing their application for grant funds to house chronically homeless Veterans with and
without families. The project will serve up to 2 households and 4 persons at scattered sites in Deschutes,
Crook and Jefferson counties. At full capacity the project will provide 2 units and 4 beds. From COVO
and its partners, clients will receive housing and stabilizing services: move -in assistance; housing
counseling and search; rental assistance; case management; enrollment in mainstream benefits;
counseling, budgeting and parenting classes; child care; education; employment assistance; life skills
training; substance abuse and mental health treatment; health care; food; transportation and legal
services. Participants will be identified through our street outreach program and at emergency shelters
in Deschutes, Crook and Jefferson counties. The project's case manager will perform intake and
eligibility screening. Housing and case management activities will begin immediately after enrollment.
COVO will implement project activities using best practices (housing first, self-determination). Each
client will develop an Independent Housing Plan (IHP) with specific, attainable housing goals, a
strengths -based focus to achieve them, and a realistic target date of completion. Support services will be
individually tailored to clients' goals. The case manager and clients will work in partnership at the clients'
pace. They will review the IHP at least every 3 months and more often as events or needs indicate. Case
management will be driven by clients' needs and goals; voluntary; flexible in intensity; and build on
strengths rather than focusing on diagnoses or deficits. Clients who exit the program for permanent
destinations can transition in place.
Neighborlmpact
Cascasde RHY Rapid Re -Housing Program $22,086
Neighborlmpact has partnered with J Bar J on this renewal project to house runaway, homeless and
street youth aged 16-22; male, female, LGBTQ and minority; and youth at risk of sexual exploitation or
trafficking. Participants will be identified through shelters and homeless services providers. At full
capacity the effort will serve four clients. At any given time, the project will provide up to two units and
four beds. Neighborlmpact (NI) will house youth in scattered site housing. A J Bar J Case Manager will
perform intake to determine factors threatening stability and the type and frequency of service
provision. Re -housing and case management will begin upon enrollment and will follow the "housing
first" model. Youth will receive rental assistance, case management, housing counseling and search,
enrollment in mainstream benefits, counseling and budgeting, child care, education, life skills training,
employment assistance, substance abuse and mental health services, health care, food, transportation
and legal services. The Case Manager also will work with CPS.
Neighborlmpact
Welcome Home Grant $17,505
Welcome Home Grant, a Permanent Supportive Housing program, targets and serve chronically
homeless Veterans with minor children in Crook, Deschutes and Jefferson counties. Participants are
literally homeless — living on the street or in places not meant for human habitation. Central Oregon
Veteran Outreach (COVO) conducts outreach to identify homeless Veteran households. The program
provides one three-bedroom unit with three beds; at full capacity, the program serves one Veteran
household and up to three persons. Welcome Home follows the housing first model. In addition to
housing, the program provides case management, child care and transportation. The project's case
manager conducts needs assessments, provides life skills training and helps clients search for and secure
housing. COVO has a Supportive Services for Veteran Families grant to assist families and a case
manager completing SOAR training who can enroll participants in mainstream benefits.
Neighborlmpact
Homeless Management Information System (HMIS) $66,250
The HMIS program serves agencies in Crook, Deschutes and Jefferson counties in Central Oregon. It
employs a full-time HMIS Specialist who assesses assets at user sites, trains and re-trains users,
customizes reports to gather needed data, prepares progress reports and notifies the CoC of concerns as
well as progress. The HMIS allows agencies in the CoC to record client -level and program data to
generate duplicated and unduplicated counts of homeless as well as demographics, bed availability,
service needs, length of stay, destinations at exit, use of resources and acquisition of income and
mainstream benefits. The HMIS also supports the CoC's Coordinated Entry System process as well as
contributes data for reports to HUD for the Point -in -Time count, Housing Inventory Chart and Annual
Performance Reports.
Neighborlmpact
Neighborlmpact Rapid Re -Housing $586,040
Neighborlmpact's Rapid Re -Housing targets homeless families with children and people fleeing domestic
violence and fills a gap in the continuum of services for these populations. NI operates the program in
coordination with Central Oregon shelters, DHS and outreach providers. It utilizes scattered -site
housing. Participants receive deposit assistance and a monthly rental subsidy based on income, size of
household, number of bedrooms and contract rent. Three Housing Advocates provide case
management. Case managers collaborate with clients on a family housing stability action plan and meet
at least monthly with participants to assess progress and address concerns. Through program staff,
clients receive needs assessment, case management, enrollment in mainstream benefits, housing search
and counseling, life skills training, child care, education services and transportation. At any one time, the
project serves a minimum of 35 homeless households from Crook, Deschutes and Jefferson counties. It
provides 35 units and 117 beds.
Neighborlmpact
CoC Planning Grant
$21, 794
The CoC Planning Grant funds .375 FTE to facilitate and support the CoC's planning process, activities
and objectives. Under the CoC Planning Grant, NI prepares and submits the CoC's Grant Inventory
Worksheet and Consolidated Application to HUD; analyzes and presents CoC and ESG project
performance reports to the CoC for monitoring and evaluation purposes; and submits data to HUD as
well as to jurisdictions that draft consolidated plans. In collaboration with the CoC, NI coordinates an
annual Point -in -Time (PIT) count and survey of sheltered and unsheltered homeless populations. NI
compiles and analyzes PIT and Housing Inventory Chart data, submitting these reports not only to HUD
but also to the CoC for gaps analysis and planning purposes (prevention, housing and supportive
services). The grant supports additional activities as well to strengthen the CoC. Those activities include
applying existing, written standards for CoC assistance system -wide; setting performance targets for
grantees and for the CoC itself; monitoring grantees per CoC policy and taking corrective action with
consistent non -performers; helping establish system -wide Coordinated Entry System; and using data for
project planning, outreach and advocacy to local, State and Federal officials.