2017-731-Minutes for Meeting September 13,2017 Recorded 10/20/2017Recorded in Deschutes County CJ2017-731
Nancy Blankenship, County Clerk
Commissioners' ,journal 10/20/2017 9:47:22 AM
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2017-731
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 BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Wednesday, September 13, 2017
Commissioners' Hearing Room — Administration Building — 1300 NW Wall St., Bend
Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present
were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David
Doyle, County Counsel; and Sharon Ross, Board Executive Secretary. No representatives of the
media were in attendance.
CALL TO ORDER: Chair Baney called the meeting to order at 10:00 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None was offered.
CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent
Agenda.
DEBONE: Move approval of Consent Agenda, minus Items 11 and 12 and to
pull Item 1 for discussion.
HENDERSON: Second.
Minutes of Board of Commissioners' Business Meeting September 13, 2017 Page 1 of 4
VOTE: DEBONE: Yes.
HENDERSON: Yes.
BANEY: Chair votes yes. Motion Carried
Consent Agenda Items:
1. Consideration of Board Signature of Order No. 2017-033, Repeal and Amendment to
Industrial CCRs — La Pine
2. Consideration of Board Signature of Document No. 2017-590, Quitclaim Deed for BDN
Enterprises, LLC
3. Consideration of Board Signature of Document No. 2017-602, Bargain and Sale Deed to
Jeshua and Sherokee Scheer
4. Consideration of Signature of Letter of Extension of Reappointment to Mike Maier to the
Deschutes County Budget Committees
5. Consideration of Signature of Letters of Reappointment to the Audit Committee for
Nancy Blankenship, Wayne Yeatman, and Lindsey Lomard
6. Consideration of Signature of Letter of Appointment to the Deschutes River Recreation
Homesites Special Road District #8 Board to Colleen Halverson
7. Consideration of Signature of Letter of Resignation of NaDynne Lewis from the
Deschutes River Recreation Homesites Special Road District #8.
8. Approval of Minutes of the August 23, 2017 Business Meeting
9. Approval of Minutes of the August 23, 2017 Work Session
10. Approval of Minutes of the August 28, 2017 Work Session
11. Approval of Minutes of the August 30, 2017 Business Meeting
12. Approval of Minutes of the September 6, 2017 Business Meeting
ACTION ITEMS
Consent Agenda Item I as pulled for discussion. Consideration of Board Signature of
Order No. 2017-033, Repeal and Amendment to Industrial CCRs — La Pine
James Lewis, Property Management Specialist, gave history of this item. At the request
and support of City of La Pine and Sunriver La Pine Economic Development, the Board
is asked for consideration of adopting the Order to repeal and make amendments.
HENDERSON: Move approval
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
BANEY: Chair votes yes. Motion Carried
Minutes of Board of Commissioners' Business Meeting September 13, 2017 Page 2 of 4
• Addition to the Agenda
The Reading of the Proclamation Recognizing September as National Suicide
Prevention Month.
David Visiko and Jessica Jacks of Health Services presented this item for consideration
as September is Suicide Prevention month. Commissioner Baney read the proclamation
into the record.
DEBONE: Move approval
HENDERSON: Second
VOTE
DEBONE:
HENDERSON:
BANEY:
Yes
Yes
Chair votes yes.
Motion Carried
13. Consideration of Signature of Document No. 2017-604, Decision Related to
Marijuana Production Facility 247-17-000520-A; 247 -17 -00208 -AD; 209- LM
Chris Schmoyer, Community Development Department presented this item. The
applicant requests approval of an Administrative Determination to allow indoor
marijuana production on the subject property zoned Exclusive Farm Use (EFU). Th
appeal was filed on June 21, a public hearing was held August 16 and the deliberations
were held on August 23.
DEBONE: Move approval of Document No. 2017-604
HENDERSON: Second
Discussion: Commissioner Henderson commented that he remains concerned with the
road. Commissioner DeBone reported he did travel the road all the way to end and
observed the improvements.
VOTE: DEBONE: Yes
HENDERSON: Yes
BANEY: Chair votes yes. Motion Carried
OTHER ITEMS: None were offered.
Minutes of Board of Commissioners' Business Meeting September 13, 2017 Page 3 of 4
ADJOURN:
Being no further items to come before the Board, the meeting was adjourned at 10:22 a.m.
DATED this 4Day of C v LCrl 2017 for the Deschutes
County Board of Commissioners.
ATTEST:
W Recording Secretary
Tammy Baney, Chair
&ZW=
Anthony DeBone, Vice Chair
Philip G. Henrson, Commissioner
Minutes of Board of Commissioners' Business Meeting September 13, 2017 Page 4 of 4
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, WEDNESDAY, SEPTEMBER 13, 2017
Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or
discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects.
Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are
invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public
live or at a later date; and written minutes are taken for the record.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues
that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
1. Consideration of Board Signature of Order No. 2017-033, Repeal and Amendment to
Industrial CCR's - La Pine
2. Consideration of Board Signature of Document No. 2017-590, Quitclaim Deed for BND
Enterprises, LLC
3. Consideration of Board Signature of Document No. 2017-602, Bargain and Sale Deed
to Jeshua and Sherokee Scheer
Board of Commissioners Business Meeting Agenda Wednesday, September 13, 2017 Page 1
of 3
4. Consideration of Signature of Letter of Extension of Reappointment to Mike Maier to the
Deschutes County Budget Committees
5. Consideration of Signature of Letters of Reappointment to the Audit Committee for
Nancy Blankenship, Wayne Yeatman, and Lindsey Lombard
6. Consideration of Signature of Letter of Appointment to the Deschutes River Recreation
Homesites Special Road District #8 Board to Colleen Halverson
7. Consideration of Signature of Letter of Resignation of NaDynne Lewis from the
Deschutes River Recreation Homesites Special Road District #8
8. Approval of Minutes of the August 23, 2017 Business Meeting
9. Approval of Minutes of the August 23, 2017 Work Session
10. Approval of Minutes of the August 28, 2017 Work Session
11. Approval of Minutes of the August 30, 2017 Business Meeting
12. Approval of Minutes of the September 6, 2017 Business Meeting
ACTION ITEMS
13. Consideration of Signature of Document No. 2017-604, Decision Related to Marijuana
Production Facility 247-17-000520-A; 247 -17 -000208 -AD; 209 -LM - Chris Schmoyer,
Associate Planner
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific
guidelines, are open to the media.
Board of Commissioners Business Meeting Agenda Wednesday, September 13, 2017 Page 2
of 3
ADJOURN
To watch this meeting on line, go to: www.deschutes.org/meetings
Please note that the video will not show up until recording begins. You can also view past
meetings on video by selecting the date shown on the website calendar.
®®
MIMDeschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners Business Meeting Agenda Wednesday, September 13, 2017 Page 3
of 3
Sharon Ross
From: Chris Schmoyer
Sent: Monday, September 11, 2017 2:40 PM
To: Tom Anderson
Cc: Sharon Ross; Peter Gutowsky; Adam Smith; David Doyle
Subject: Revised Draft Decision for File 247-17-000520-A (247-17-000208-AD/209-LM) ; Eakin;
Marijuana production in EFU
Attachments: BOCC FD for Eakin; 17-208-AD_209-LM (17-520-A)—Revised 9-11-17.pdf
Tom,
BCC: BOCC
An error was discovered on page 5 of the draft decision for the Eakin matter, File 247-17-000520-A (247-17-000208-
AD/209-1-M) going before the Board as an action item at Wednesday's 9/13/17 Business Meeting.
I have corrected the error and have attached the revised document.
I will bring hard copies to the meeting on Wednesday.
Sorry for the inconvenience.
Regards,
Chris
Chris Schmoyer
Associate Planner
Certified Associate in Project Management (CALM)
Deschutes County Community Development Department
Ph# (541) 317-3164
Fax# (541) 385-1764
Web: http://www.deschutes.org/cd
1
Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall
not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any
rights, including any reliance rights; on any person.
For Recording Stamp Only
DECISION OF THE BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
FILE NUMBERS: 247 -17 -000208 -AD & 247 -17 -000209 -LM
APPEAL FILE
NUMBER: 247-17-000520-A
APPLICANT: Alex Eakin
115 S 2nd St.
Selah, WA 98942
OWNER: Eakin Properties, LLC
115 S 2nd St.
Selah, WA 98942
APPLICANT'S
ATTORNEY:
Steven Hultberg; Radler White Parks & Alexander, LLP
APPLICANT'S AGENT:
Sun Country Engineering and Surveying
APPELLANT:
Warren & Cheryl Holt
PROPOSAL:
The applicant requests approval of an Administrative
Determination to allow indoor marijuana production on the
subject property zoned Exclusive Farm Use (EFU). Nonvisible
Landscape Management Site Plan Review is also requested.
STAFF REVIEWER:
Chris Schmoyer, Associate Planner
ADMINISTRATIVE
DECISION ISSUED: June 9, 2017
APPEAL FILED: June 21, 2017
HEARING DATE: Wednesday, August 16, 2017 at 10:00 am
RECORD CLOSED: Monday, August 28, 2017 at 5:00 pm
SUMMARY OF DECISION:
In this decision, the County Board of Commissioners ("Board") considers the appellant's
appeal of the June 9, 2017 administrative Findings & Decision (File Nos. 247 -17 -000208 -AD
and 247 -17 -209 -LM; "Administrative Decision"). The Board exercised its discretion to hear
the appeal de novo.
The Board received two Memoranda on the appeal; one from Associate Planner Chris
Schmoyer and another from Senior Transportation Planner Peter Russell. The first was a
revised memo dated August 7, 2017 that identified and summarized the key issues in the
Notice of Appeal, the findings made by the staff on those issues in the Administrative
Decision or subsequent to it in preparation for Board deliberation. The second staff memo,
dated August 2, 2017, provides responses to the transportation related issues identified by
the appellant. At the public hearing on August 16, 2017, appellant Warren Holt
acknowledged that two of the three stated reasons for the appeal were no longer relevant,
but expressed concerned for the third stated reason of the appeal; public safety regarding
the condition of Bill Martin Road of which his testimony reflects.' The Board's Decision in
this appeal will refer to and incorporate the Administrative Decision and summary of issues in
both Staff Memoranda.
On August 23, 2017, following deliberation, the Board found the proposal complied with the
applicable review criteria and standards of the Deschutes County Zoning Ordinance and
voted to uphold the Administrative Decision approving the land use permit to establish a
recreational marijuana production facility on the subject property.
II. APPLICABLE STANDARDS AND CRITERIA:
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use Zones
Chapter 18.56, Surface Mining Impact Area Combining Zone
Chapter 18.84, Landscape Management Combining Zone
Chapter 18.116, Supplementary Provisions
Section 18.116.330, Marijuana Production, Processing, and Retailing
Title 22, Deschutes County Development Procedures Ordinance
III. BASIC FINDINGS:
The Board adopts and incorporates by reference the code interpretations, findings of fact,
and conclusions of law set forth in the June 9, 2017 administrative Findings & Decision (File
247 -17 -000208 -AD and 247 -17 -000209 -LM) in Section II. Basic Findings, subsections A
(Location), B (Lot of Record), C (Zoning), D (Site Description), E (Surrounding Zoning and
At the public hearing, Mr. Holt indicated that two of his three stated reasons for the appeal, the technical error
that staff made in the administrative decision and average vehicular trips per day for the proposed use as
calculated by staff. were no loner of concern.
File Nos. 247 -17 -000208 -AD & 247 -17 -000209 -LM (247-17-000520-A) Page 2 of 8
Document No. 2017-604
Land Uses), F (Proposal) , G (Land Use History), H (Public Agency Comments), I (Public
Comments), and J (Review Period), with the following addition:
K. PROCEDURAL HISTORY: This application was submitted on March 24, 2017 and
was deemed complete on April 23, 2017. The 1501h day on which the County must
take final action on this application is September 20, 2017. An Administrative
Determination which conditionally approved the application was issued June 9, 2017.
An appeal from appellant was timely filed during the 12 -day appeal period on June
21, 2017.
The Board decided to hear the appellant's appeal de novo in the Board's Order 2017-
022 dated June 21, 2017. A public hearing was held on August 16, 2017. The
applicant was represented by Steven Hultberg, Attorney at Law. The appellant,
Warren Hoyt testified at the hearing and was not represented an attorney. The Board
heard testimony and allowed the applicant to file post -hearing submissions in the
form of final rebuttal. The record closed on August 21, 2017 at 5:00 pm. The Board's
review included the record below before staff as well as the record, testimony, and
written submissions in the proceedings on appeal before the Board.
The Board conducted deliberations at the regular Business Meeting on August 23,
2017.
IV. CONCLUSIONARY FINDINGS
The Board adopts and incorporates by reference the code interpretations, findings of
fact, and conclusions contained in the June 9, 2017 administrative Findings &
Decision (File Nos. 247 -17 -000208 -AD and 247 -17 -000209 -LM) in Section III.
Conclusory Findings, The Findings and Conclusions set forth in the Staff
Memorandum revised August 7, 2017, except for the findings relating to the DCC
Sections identified below. To the extent there are conflicts between any of the
findings identified above and the findings below, the findings and conclusions below
shall control.
A. DCC 18.116.330(8)(3):
B. Marijuana production and marijuana processing. Marijuana
production and marijuana processing shall be subject to the
following standards and criteria:
3. Maximum Mature Plant Canopy Size. In the EFU zone, the
maximum canopy area for mature marijuana plants shall
apply as follows:
File Nos. 247 -17 -000208 -AD & 247 -17 -000209 -LM (247-17-000520-A) Page 3 of 8
Document No. 2017-604
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:
L 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 subject property contains 42 acres and is zoned EFU, thereby qualifying for up
to 20,000 square feet of mature plant canopy. Under this application, the applicant has not
proposed a maximum mature canopy size for the structures approved as part of this
application, but the Board finds that even if the entire square footage of both buildings
approved as a part of this proposal were dedicated to mature canopy (approximately 3,000
square feet and 5,184 square feet) the square footage of mature plant canopy area would be
well below the 20,000 square feet allowed under (3)(d) above. This criterion is met.
B. DCC 18.116.330(B)(8):
B. Marijuana production and marijuana processing. Marijuana
production and marijuana processing shall be subject to the
following standards and criteria:
8. Access. Marijuana production over 5,000 square feet of
canopy area for mature marijuana plants shall comply with
the following standards.
a. Have frontage on and legal direct access from a
constructed public, county, or state road; or
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
File Nos. 247 -17 -000208 -AD & 247 -17 -000209 -LM (247-17-000520-A) Page 4 of 8
Document No. 2017-604
easement or private road for marijuana production
access from all owners who have access rights to the
private road or easement. The written consent shall:
i. Be on a form provided by the County and shall contain
the following information;
ii. Include notarized signatures of all owners, persons and
properties holding a recorded interest in the private
road or easement;
iii. Include a description of the proposed marijuana
production or marijuana processing operation; and
iv. Include a legal description of the private road or
easement.
FINDING: The applicant has not proposed a maximum mature canopy size for the structures
approved as part of this application, however, if the entire square footage of both buildings
approved as a part of this proposal were dedicated to mature canopy (approximately 3,000
square feet and 5,184 square feet) the square footage of mature plant canopy area would
exceed 5,000 square feet. To the extent that this approval standard applies to this
application, the Board finds that the subject property has frontage on and legal direct access
to Bill Martin Road, which is a dedicated public right-of-way classified as a local access road.
Although the appellants have argued that Bill Martin Road is the subject of a lawsuit
regarding maintenance and is unsafe due to ongoing maintenance issues, the Board finds
that those objections are not relevant to the approval standard, which merely requires the
subject property to have frontage and legal access to Bill Martin Road. In their oral testimony,
the Appellants acknowledged that if the standard merely requires frontage, that their
objections to the use of the road are not relevant to the proposal.
V. DECISION
Based on the findings of fact and conclusions of law set out above, the Board hereby
approves the applicant's proposed marijuana production application, and Nonvisible
Landscape Management Site Plan Review subject to the following conditions of
approval:
VI. CONDITIONS OF APPROVAL
A. Use & Location: Marijuana production is approved exclusively inside the proposed
5,184 square foot greenhouse and 3,000 square foot structure. This approval is
based upon the application, site plan, specifications, and supporting documentation
submitted by the applicant. Any substantial change in this approved use will require
review through a new land use application.
ONGOING CONDITIONS OF APPROVAL
A. Lighting: The following lighting standards shall be met.
Inside building lighting used for marijuana production shall not be visible
outside the building from 7:00 p.m. to 7:00 a.m. on the following day.
File Nos. 247 -17 -000208 -AD & 247 -17 -000209 -LM (247-17-000520-A) Page 5 of 8
Document No. 2017-604
Lighting fixtures shall be fully shielded in such a manner that all light emitted
directly by the lamp or a diffusing element, or indirectly by reflection or
refraction, is projected below the horizontal plane through the lowest light -
emitting part.
The light cast by exterior light fixtures other than marijuana growing lights shall
comply with DCC 15.10, Outdoor Lighting Control.
4. All exterior lighting shall be shielded so that direct light does not project off
site.
B. Odor: The proposed odor control system must at all times prevent unreasonable
interference with neighbors' use and enjoyment of their property. The odor control
system shall be maintained in working order and shall be in use.
C. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air
conditioning, odor control, fans and similar functions shall not exceed 30 dB(A)
measured at any property line between 10:00 p.m. and 7:00 a.m. the following day.
D. Fencing: If fencing is used, it shall be finished in a muted brown, green, or natural
wood color and shall not be constructed of temporary materials such as plastic
sheeting, hay bales, tarps, etc.
E. Screening: 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.
F. 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.
G. Waste: The marijuana waste receptacle shall be stored in a limited access area inside
the production facility, in the possession of and under the control of the OLCC
licensee.
H. Prohibited Uses: The uses listed in DCC 18.116.330(20) shall be prohibited on the
subject property so long as Marijuana Production and/or Processing are conducted
on the site. Marijuana production and processing are prohibited in any outdoor area.
Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be
met.
J. Height: No building or structure shall be erected or enlarged to exceed 30 feet in height,
except as allowed under DCC 18.120.040.
VIII. DURATION OF APPROVAL:
File Nos. 247 -17 -000208 -AD & 247 -17 -000209 -LM (247-17-000520-A) Page 6 of 8
Document No. 2017-604
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.
Dated this day of September, 2017 Mailed this day of September, 2017
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
Tammy Baney, Chair
Anthony DeBone, Vice Chair
Philip G. Henderson, Commissioner
THIS DECISION BECOMES FINAL WHEN SIGNED. PARTIES MAY APPEAL THIS
DECISION TO THE LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE
ON WHICH THIS DECISION IS FINAL.
File Nos. 247 -17 -000208 -AD & 247 -17 -000209 -LM (247-17-000520-A) Page 7 of 8
Document No. 2017-604
This decision becomes final twelve (12) days after the date of mailing, unless appealed
by a party of interest.
File Nos. 247 -17 -000208 -AD & 247 -17 -000209 -LM (247-17-000520-A) Page 8 of 8
Document No. 2017-604
