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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 II'I�IIII�'II�� 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