2017-732-Minutes for Meeting September 13,2017 Recorded 10/20/2017Recorded in Deschutes County CJ2017-732
Nancy Blankenship, County Clerk 10!20/2017 9:58:31 AM
Commissioners' Journal
i.�a d
2017-732
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 13, 2017
Present were Commissioners Tammy Barley, 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. One representative of the
media was in attendance.
CALL TO ORDER: Chair Baney opened the meeting at 1:30 p.m.
ACTION ITEMS
1. Consideration of Health Services Application for Early Intervention and Outreach Services
RFP OHA-4414-17 Grant Funds
The following staff from Health Services presented the item for consideration: Pamela
Ferguson, Emma Ulrich, James Wood, and George Conway.
The grant award is intended to fund services for the community for HIV early intervention
and outreach. With the grant award, the department is asking for 1.50 FTE for the program
to allow for expansion of hours and supervisory time. This is not budgeted for. The request
for proposals was anticipated in the beginning of July but didn't come out until the
beginning of August. Staffing requested would be for a limited duration.
Minutes of Board of Commissioners' Work Session September 13, 2017 Page 1 of 4
DEBONE: Move approval
HENDERSON: Second
VOTE: DEBONE: Yes
HENDERSON: Yes
BANEY: Chair votes yes. Motion Carried
2. Amending DCC 17.16.105 on Access to Subdivisions
Cody Smith, County Engineer and Peter Russell, Senior Transportation Planner presented
this item. County code requires access to a subdivision directly via an arteria or collector or
road that connects to an arterial or collector. Code states the road must be built and
maintained to County standards. Through resolutions in 2006 and 2009 the County is no
longer accepting roads into the County maintained system. County code was never
updated making it inconsistent with the resolutions. Recommendation of staff is to propose
a code amendment. The Board expressed support in the amendments.
3. Lot of Record Amendment
Adam Smith, Assistant Legal Counsel and Peter Gutowsky, Planning Manager presented this
item as preparation for a public hearing on September 20 to consider text amendments
relating to Deschutes County's lot of record definition and process. The changes are
primarily edits to reduce the complexity of the code.
Draft language was sent out for review to certain members of the community. There was
negative comments on the current lot of record but nothing that regarding what is being
proposed.
Discussion held on lot of record and unit of land.
Ordinance No. 2017-015 will be brought to the business meeting of September 20 for
consideration of adoption.
Minutes of Board of Commissioners' Work Session September 13, 2017 Page 2 of 4
OTHER ITEMS
• NACO WIR Conference: County Administrator Anderson reported there was a surplus
of funds collected to sponsor this year's NACO WIR Conference. A letter has been
prepared to the Association of Oregon Counties to donate the funds back to AOC to use
toward the purposes of conference and professional development and scholarships.
Chair Baney noted she attended the AOC board retreat and spoke with five different
counties asking their opinion on the surplus funds and they would not want the dollars
back but also would not want the dollars to go toward scholarships but rather would
want it to go to conferences. Suggestion made to remove the scholarships piece from
the letter.
HENDERSON: Move approval to authorize the check in the amount of $12,629.45 along
With transmittal letter with suggested revision
DEBONE: Second
VOTE: HENDERSON: Yes
DEBONE: Yes
BANEY: Chair votes yes. Motion Carried
• CSL consultant: County Administrator Anderson gave an update on the Fair and Expo
market analysis. CSL would like to present their recommendations. Suggestion made
for a joint meeting with the Fair Board. The next fair board meeting is on November 9.
Suggestion to invite the Redmond City Manager as well.
• Smoke Management: Commissioner Henderson reported the Deschutes Forest
Collaborative Project has drafted a letter to the Oregon Smoke Management Committee
recommending revisions to the Oregon Smoke Management Plan. They have requested
a letter of support from Deschutes County and Commissioner Henderson could bring
the letter for review to the work session next week if the Board is interested in
supporting.
Minutes of Board of Commissioners' Work Session September 13, 2017 Page 3 of 4
Letter from Eagle Scout family: Commissioner DeBone received a letter requesting a
congratulations letter on becoming an Eagle Scout from the Commissioners.
Sisters Visioning: Commissioner DeBone noted he was at the meeting on Monday
afternoon when they were laying out the concept with the consultant. He commented
the meeting was very positive.
At the time of 2:43 p.m., the Board went into Executive Sessions under ORS 192.660 (2) (e) Real
Property Negotiations. The Board came out of Executive Session at 5:07 p.m.
ADJOURN: Being no further discussion, the meeting adjourned at 5:07 p.m.
DATED this Day of 6L2017 for the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
Tammy Baney, Chair
Anthony DeBone, Vice Chair
1A k" J.\., Ik-
Philip G. Heh erson, Commissioner
9
Minutes of Board of Commissioners' Work Session 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/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, WEDNESDAY, SEPTEMBER 13, 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. Consideration of Health Services' Application for Early Intervention and Outreach
Services RFP OHA-4414-17 Grant Funds - Pamela Ferguson,
2. Amending DCC 17.16.105 on Access to Subdivisions - Peter Russell, Senior Planner
3. Lot of Record Amendment Work Session - Peter Gutowsky, Planning Manager
EXECUTIVE SESSION
4. Executive Sessions 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 13, 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
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.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 Work Session Agenda Wednesday, September 13, 2017 Page 2 of 2
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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 13, 2017
DATE: September 8, 2017
FROM: Pamela Ferguson, Health Services,
TITLE OF AGENDA ITEM:
Consideration of Health Services' Application for Early Intervention and Outreach Services
RFP OHA-4414-17 Grant Funds
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Pamela Ferguson, Emma Ulrich, James Wood, George A. Conway
SUMMARY: Deschutes County Health Services would like to apply for a portion of the
$4,000,000 per year available for Early Intervention and Outreach (EIO) Services grants
throughout Oregon. The amount requested in the grant application will be $302,512 for one
year. Oregon Health Authority (OHA) may elect to extend this grant an additional four years if
mutually agreeable terms are met.
The grant is intended to fund EIO Services to further OHA's End HIV Oregon five-year plan to
end new HIV transmission. There are three components to End HIV Oregon: HIV testing, HIV
prevention, and HIV treatment. The state planning group identified expansion of EIO Services
as a high priority for achieving the End HIV Oregon Vision. These services include targeted
testing of individuals not yet tested, testing individuals at high risk, quickly linking people who
test positive for HIV to medical care HIV Ryan White Case Management, providing continuity
of care in order to optimize health outcomes and reduce further HIV transmission.
Staffing plans entail $164,582 to for 1.40 new FTE (1.0 Health Educator and 0.40 Nurse
Practitioner) and 0.10 increase to existing Clinical Program Supervisor. The total request of
$302,512 also includes $50,000 for outreach support to Crook and Jefferson counties, $60,000
one-time capital outlay to purchase a van for outreach and testing, and $5,883 for travel and
supplies, and $22,047 for administrative overhead.
RECOMMENDATION & ACTION REQUESTED:
Staff request the Board of County Commissioners approve Health Services' submission of a
proposal to apply for Oregon Health Authority's EIO Services Request for Proposals (OHA-
4414-17).
Deschutes County Health Services
GRANT APPLICATION REQUEST
Official Grant Title:
(Early Intervention and Outreach Services, Request for
Proposal OHA-4414-17i
Source of Grant Funds:
!Oregon Health Authority'
Funding Amount (include amount
iDeschutes County will be applying for a portion of the
per year if multiple years):
$4,000,000 per year available for Early Intervention and
Outreach (EIO) Services grants throughout Oregon.
The amount requested in the grant application will be
$302,512 for one year. Oregon Health Authority (OHA)
may elect to extend this grant an additional four years if
mutually agreeable terms are met;
Required Matching Funds:
In-kind
Application Due Date and
;October 3, 2017, 3:00 p.m.
Submission Method:
Submitted via mail:
FTE Required and Cost of FTE:
'1.50 FTE costing $164,582
(1.40 new FTE and 0.10 FTE from existing staff'
Division (select all applicable):OBehavioraI
Health Ui Early Learning
i5 Public Health
Staff Responsible:
'Kathy Christensen
Emma Ulrich'
Grant Administrator if awarded):
Pamela Fer uson
Please answer the following questions:
1. Briefly summarize what work the grant is intended to accomplish:
The grant is intended to fund EIO Services to further the Oregon Health Authority's (OHA) End
HIV Oregon five-year plan to end new HIV transmission. There are three components to End
HIV Oregon: HIV testing, HIV prevention, and HIV treatment. The state planning group
identified expansion of EIO Services as a high priority for achieving the End HIV Oregon Vision.
These services include increasing availability of testing to enable greater access by individuals
not yet tested, testing individuals at high risk, quickly linking people who test positive for HIV to
medical care and HIV Ryan White Case Management, providing continuity of care in order to
optimize health outcomes and reduce further HIV transmission.
2. What priorities in the Health Services Strategic Plan would this grant activity support? Provide data to
describe a documented health need that would be addressed and that is consistent with the Strategic Plan.
..This funding will assist Deschutes County Health Services in achieving multiple priorities of the
Health Services Strategic Plan. By increasing HIV early intervention and outreach services
within the tri -county region, we will be working to prevent disease and promote health, the first
priority of the Strategic Plan. This also helps the tri -county region to participate more broadly in
the work and vision of OHA's End HIV Oregon which Deschutes County Health Services
supports. In addition, this will help strengthen the foundational capabilities for HIV and sexually
transmitted infections STI disease surveillance as outlined in Public Health Modernization.
3. Would this support core program activities and, if so, which one(s)? Are additional funds needed to
support these activities?
9/7/2017 Page 1 of 5
.. _ ... _....
This funding would support core program activities as well as core public health responsibilities
through increased funding for disease investigation services. Currently we have 0.2 FTE
assigned to HIV prevention work and 0.5 FTE dedicated to STl disease investigation and
surveillance. During calendar year 2016 the staff followed upon 610 positive STI reports.
State and national agencies have identified increasing STI rates as a growing public health
concern which needs to be addressed at the local level. Because of the increased volume we
are unable to give this growing issue the time and attention it should have. These funds, if
awarded, would allow us to increase staff dedicated to HIV prevention/STI investigation and
surveillance.
4. Does this funding add new program activities? If so, what are the activities? Is it appropriate to add these
new activities at this time?
_.___.._ _......._.... ... .......
_.... m... __._.....
.........W.. _. _.
Yes, this funding does add new program activities and augments HIV prevention, and disease
surveillance and investigation work. In addition, this funding would fill a gap in services between
the limited HIV prevention work and the Ryan White Case Management services offered
regionally. It is very timely and helps strengthen the foundational capabilities for HIV/STI
disease surveillance as outlined in Public Health Modernization. Below is an outline of the
different components of the grant.
HIV Early Intervention Services:
• HIV Testing: Targeted testing of individuals not yet tested and referral to HIV care and
treatment services of those found to be HIV infected.
• Referral Services: Referral services to improve HIV care and treatment.
• Health Literacy/Health Education:
o HIV services delivery,
o How to work with clinicians,
o How to handle issues of disease progression and managing HIV,
o Risk reduction.
• Access and Linkage to Care:
o HIV medical care,
o HIV medical case management,
o Entry into substance abuse treatment,
o Pre -Exposure Prophylaxis (PrEP) navigation services.
Outreach Services: Outreach services aim to increase availability of testing to enable greater
access by individuals not yet tested and not in care. A key part of outreach services will be a
collaborative effort among public health, community partners and providers.
Disease Surveillance and Case Investigation Services: The funds awarded in this grant are
intended to augment existing disease surveillance and case investigation services in order to
help OHA and its community partners meet the End HIV Oregon goal of ending new HIV
transmissions.
EIO Services are intended to be time-limited, intensive services for people newly diagnosed with
HIV, newly diagnosed with a bacterial STI, or formerly diagnosed with HIV but not receiving HIV
medical care. The end goal of EIO Services is to identify new HIV and STI cases, deliver
disease investigation and partner services, and to link individuals to needed services (e.g.,
PrEP, HIV case management, HiV medical care, and prevention education). These services
will be provided intensively over a period of one to three months, with high -need clients fully
"graduating" from EIO Services into mainstream HIV case management, ideally within six
months.
9/7/2017 Page 2 of 5
5. Is there a science base to support delivering the activities and services listed? Please describe that
science base.
:There is scientific evidence to support the implementation of services listed.
• Providing PrEP can reduce risk of HIV infection in people at high risk by up to 92%.
• Studies show that if a person living with HIV is virally suppressed, that person reduces
his/her risk of transmission of the virus.
• U. S. Preventative Services Task Force recommends that clinicians screen for HIV
infection in adolescents and adults aged 15 to 65 years as well as in younger
adolescents and older adults who are at increased risk.
• According to U. S. statistics, one in seven people who are infected with HIV do not know
they are infected.
• All activities and services required in the grant are evidence -based interventions or best
practices for HIV prevention, supported by Health Resources & Services Administration,
Center for Disease Control.
6. How long would the funding be available? If the funding is for less than three years, what is the plan to
transition the work, staffing and expenses after the funding ends?
._........ .................__._.._.. ___._.........................._........................................ _................... ....... .... . .............. _................ .................... ..................... ......................... .................................... ................................. ........................... ........ .......... _..,......_._. _ ..
OHA has allocated up to $4, 000, 000 per year for up to five years for EIO Services in Oregon.
The term of the initial agreement(s) will be one year. OHA may amend any of the agreements
for a period of up to five years total. If funded, we anticipate we will receive the funding for five
years. Scrstinabitity planning will be an impeartant pert of maintaining „this work into the future. w
7. What is the application deadline? Do you anticipate any problems meeting this deadline?
._._....._..__...... __ . � _.. —_.........._..._._._ — ---------- --- _------ __..._.._.._._......... .....................................................................
The application is due on October 3, 2017, at 3:00 p.m. We do not anticipate any challenges
with meeting this deadline.
8. Do you have the staffing to write a competitive proposal? If not, how will you contract for these services?
_...................._..................._..........._._._.._..._._ ._...._......_ . _....__....._ _...._.._.__.__._............v..__.............__..............................................._..................... _..... ....._.................................._........__...._____.............
Yes, the Clinical Services & Sexual Health team, with the help of the epidemiologist, is writing
the grant. The directors of Crook and Jefferson counties' Health Departments will review and
provide input. Dr. Conway, Hillary Saraceno and Pamela Ferguson will also review and provide
In ut on the draft document.
�...._.._.... _.........__....�_..__._.._...__....�..�.1_................................ .._.............................. .................................... .............................. ................. ... ..... ...................................... ........-_._-,........ _......_._...........
9. Are there any matching requirements?
_._...............�..............__.._.._.........._.........._....._..v_...._...................._...w.............................._.............__......................................................._................................................................_............._....._...............................................................................................
No, however office space. is expected to be provided in kind.' ..._....__....____ ............,.._ _._................._......_ _ .._ _ .�
10. What other partner organizations could potentially be applying? What is the plan to work with them?
Only counties with current HiV prevention funding or counties that have qualifying syphilis rates
are eligible to apply. Because Crook and Jefferson counties are not eligible to apply,
collaborating with them will expand eligibility of these grant funds to the Central Oregon region.
Other local public health departments who qualify have shown interest in applying. If funded,
we will have the opportunity to work with and learn from OHA staff and other counties, such as
Multnomah, who have implemented HIV EIO Services through previous funding
9/7/2017 Page 3 of 5
11. What are the potential political issues that could arise as a result of this application, funding, and/or
activity?
......... ....................... ..... ................. _.....___._._................................. ....... .__....._........................... ..._....._...__..._......_...._........................ ......_...................... _............... ......._.._..._......_...._..... ..... ...... ..............
......._..._..._..
L We do not foresee any potential political issues. This is foundational public health work
12. What is the fiscal impact to the department if we are awarded this grant? Please attach fiscal impact
analysis form completed with Business Manager approval.
W ........................... ............... — _T ___
The grant pays 100% of program -related costs and provides a 10% allocation of funding to pay
for administrative related staff (overhead). The increase in budget/FTE from this grant will not
cause a significant increase in administrative workload and should not cause a corresponding
increase in administrative services. The grant application is for one year at $302,512. Up to
four additional years of funding may be made available by OHA under this grant but they are not
guaranteed. The grant is presumed to be a one-year grant, and the corresponding personnel
hiring should reflect that dependency. Fiscalrmpacl analysis is attached
Deputy Directo Signature
Department Bk�e ctor Signature
Board Signature Required? ® Yes ❑ No
(check one)
Submit to Contract Specialist:
Date Received:
Board Meeting Date
Time:
Document Number:
Date
Dat
9/7/2017 Page 4 of 5
Board of County Commissioners Approval (if applicable):
Dated this of _. ___.. _ _> 2017
TAMMY BANEY, Chair
ANTHONY DEBONE, Commissioner
PHILIP G. HENDERSON, Commissioner
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$50K)
❑ Administrator (if >$50K but <$150K; if >$150K, BOCC Order No.
Legal Review
Date
9/7/2017 Page 5 of 5
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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 13, 2017
DATE: September 6, 2017
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Amending DCC 17.16.105 on Access to Subdivisions
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Peter Russell, CDD; Cody Smith, Road Dept.
SUMMARY: DCC 17.16.105 requires access to a subdivision be directly via an arterial or
collector or by a road that connects to an arterial or collector. The code states the road which
connects to an arterial or collector must be built to County standard and maintained by the
County. Beginning with Board Resolution 2006-049 and continuing with Board Resolution
2009-118, the County is no longer accepting roads into the County -maintained system. (Res.
2009-118 does give the Board the discretion to accept new arterials and collectors into the
system.) DCC 17.16.105 was never updated and thus is inconsistent with Res. 2006-049 and
its successor Res. 2009-118. The Road Department has requested a text amendment to
rectify this by listing special road districts and/or homeowners' association as acceptable road
maintenance entities for the purpose of compliance with DCC 17.16.105. Such a designation
is consistent with DCC 17.16.040, which discusses protective convenants and HOA
agreements.
RECOMMENDATION & ACTION REQUESTED:
Board to discuss amending DCC 17.16.105.
DATE:
TO:
FROM:
RE:
Community Development Department
Planning Division Building Safety Division Environmental Soils Division
P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co,desctiutes,or.us/cdd/
MEMORANDUM
September 6, 2017
Board of County Commissioners
Peter Russell, Senior Transportation Planner
Sept. 13 work session on amending Deschutes County Code (DCC) 17.16.105
regarding access requirements to subdivisions
The Community Development Department (CDD) is initiating a text amendment to ensure
Planning Division practice is consistent with Board Resolution 2009-118, which guides whether
to accept new arterials or collectors into the County -maintained road system. The text
amendment will go before the Planning Commission (PC) in a public hearing at a future date.
The PC will make a recommendation to the Board, which will also hold a public hearing,
BACKGROUND
The Road Department requested CDD begin a text amendment to Title 17, specifically
Deschutes County Code (DCC) 17.16.105 which deals with access to subdivisions. The County
currently does not accept roads into the County -maintained system pursuant to Board
Resolution 2009-118. This resolution does give the Board discretion to accept new arterials and
collectors into the County maintained system. Its predecessor, Res. 2006-049, allowed no new
roads, regardless of classification, to be accepted into the County -maintained system.
Yet, the last sentence in DCC 17.16.105 reads "...the road accessing the subdivision from a
collector or arterial meets relevant County standards and has been accepted for maintenance
purposes." (Emphasis added.) DCC 17.16.105 was never amended to be consistent with
Board Resolutions 2006-049 or 2009-118.
Current planning practice has been to approve subdivisions if the road were built to County
standards and operated/maintained by a special road district or a homeowners' association or
subject to a similar maintenance agreement pursuant to DCC 17.16.040. The text amendment
would align current planning practice with the BOCC policy of not accepting new roads by
adding language to DCC 17.16.105 specifying additional road maintenance entities (road
districts, HOAs, etc.) are acceptable maintenance authorities when determining access
requirements for a subdivision.
Quality Services Pry fibrined ivith Pride
The text amendment will ensure planning practice is consistent with BOCC Resolution 2009-
118. Without such language, subdivisions that do not use County -maintained roads for access
may not meet approval criteria.
DESCH
TES COUNTY OFFICIAL
*REVIEUD /NANCYUBLANKENSHIP, COUNTY CLERKCSCOMMISSIONERS' JOURNAL07/05/2006 03:49;46 PM
COUNSEL IIIIIIIIIII III
2005-68
rVI atal„N viuy
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring a Suspension on the
Establishment of New County Roads.
RESOLUTION NO. 2006-049
WHEREAS, Deschutes County receives approximately $3.0 million annually under the Secure
Rural Schools and Community Self Determination Act of 2000 ("Forest Safety -Net") for the improvement
and maintenance of County Roads, and
WHEREAS, the Forest Safety -Net funding constitutes over 27% of Deschutes County's annual
dedicated road fund revenue, and
WHEREAS, the Forest Safety -Net legislation sunsets in federal fiscal year 2006, and
WHEREAS, reauthorization of the Forest Safety -Net and receipt of any associated federal
funding is uncertain, and
WHEREAS, without Forest Safety -Net funding, Deschutes County will not have adequate
resources to maintain the existing County Road system, and
WHEREAS, Deschutes County's Transportation System Plan, section 5.2, policy 8.b. states:
Deschutes County shall not add any miles of new road to the system unless the following issues are
satisfied.... b. the county can financially absorb the additional maintenance requirements; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That the County hereby suspends the establishment of new County Roads until the
Forest Safety -Net or similar funds have in the judgment of the Board been adequately restored. This
suspension is subject to the exceptions outlined in Sections 2, 3, and 4.
Section 2. That the County will not accept petitions for the creation of any new Local
Improvement Districts until the Forest Safety -Net or similar funds have in the judgment of the Board
been adequately restored. Roads improved to county standards by local improvement districts already
initiated by Board resolution as listed on attached Exhibit "A" will be accepted into the county maintained
system.
PAGE 1 OF 2- RESOLUTION No. 2006-049
Section 3. That the County will not consider acceptance of any roads created by new
development into the County maintained system until the Forest Safety -Net or similar funds have in the
judgment of the Board been adequately restored. Proposed roads in developments with land use
applications that have been accepted by the County prior to the date of this Resolution as listed on
attached Exhibit "B" will be considered for acceptance into the county maintained system upon
completion of those roads to county standards.
Section 4. That the Board may consider the establishment of roads offered to the county for
acceptance by other governmental entities, either through agreements prior to the date of this
Resolution or through jurisdictional transfers.
Dated this5—"' of _ , 2006 BOARD OF COUNTY COMMISSIONERS
OFDESCHUT OUNTY OREGON
GON
� $X&A, ��
Recording Secretary
PAGE 2 OF 2- RESOLUTION No. 2006-049
R. LUKE, C
BEV CLARNO, COMMISSIQNER
MISSIONER
Exhibit "A"
List of initiated LIDs
Year
LID
Length
miles
2006
Mail poll
passed
Harper
0.76
Harrington
0.76
Choctaw 1
0.54
Choctaw II
0.63
Manzanita
0.94
Total Miles
3.63
LID's yet to
be voted on
Parkway Dr. and
Cornell Dr.
1.78
Skidgel
_
0.74
Cagle
1.24
Apache
1.61
Sunrise Blvd.
1.59
Whittier and Wolf
2.90
Pumice Butte
0.60
_
Rancho EI Sereno
1.00
Tuscarora
0.40
Total Miles
11.86
Total potential
miles of road
added to s stem:
1 15.49
Exhibit "B'1
Date Awlication DevelnnmPnt e.l.l.oc�- k1— s I
5/15/2006
FPA0618
BADLANDS RANCH
- -- ------
•-•-• �• �-�•+
7 -LOT
vaaauo
IN PROGRESS
IYIIIC2S
2,650 I.f.
(TP06967)
SUBDIVISION
(.5 miles)
4/11/2006
TP -06-969
ELK HORN LAND
52200
289 -LOT
IN PROGRESS
15,780 I.f.
DEVEL
HUNTINGTON
SUBDIVISION
(3 miles)
RD, LA PINE
4/14/2006
TP -06-970
LA PINE VILLAGE
103 -LOT
DECISION TO
6,000 I.f.
SUBDIVISION
BE WRITTEN IN
(1.1 miles)
1-2 WEEKS
4/25/2006
TP -06-971
MCLEAN/HARTY
40 -LOT
HRG 7/18/06
4,6001.f.
SUBDIVISION
(87 miles)
5/19/2006
TP -06-973
ARROWOOD
19200
CASCADE
IN PROGRESS
12,500 I.f.
DEVEL
CENTURY DR,
HIGHLANDS
(2.4 miles)
BE
PLANNED UNIT
DEVELOPMENT
6/12/2006
TP -06-974
DAVID HURTLEY
69090
13 -LOT
NOT ASSIGNED
No road
HURTLEY
SUBDIVISION
YET
information to
RANCH RD,SI
date
Total Miles: 7.9
REVIEWD
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Declaring a Suspension on the
Establishment of New County Roads. "` RESOLUTION NO. 2009-118
WHEREAS, the Secure Rural Schools and Community Self Determination Act of 2000 has been
amended and reauthorized for federal fiscal year 2008-2011 ("Forest Safety -Net"), and
WHEREAS, the Forest Safety -Net legislation provides a decreasing revenue stream over the life
of the act and sunsets in federal fiscal year 2011, and
WHEREAS, the Forest Safety -Net funding constitutes over 20% of Deschutes County's annual
dedicated road fund revenue, and
WHEREAS, reauthorization of the Forest Safety -Net and receipt of any associated federal
funding beyond federal fiscal year 2011 is uncertain, and
WHEREAS, the 2009 Oregon Legislature approved a six -cent -a -gallon increase in the state's
gasoline tax (to be fully implemented after two consecutive quarters of employment growth or January 1,
2011, whichever comes first) and increases in various motor vehicle fees, and
WHEREAS, these tax and fee increases will bring an additional $3 million to Deschutes Coun y
when fully implemented, and
WHEREAS, although the motor vehicle revenue will increase, people are driving less resulting in
less -than -budgeted revenues, and
WHEREAS, even with the motor vehicle tax and fee increases, the five-year projection of road
fund revenues shows that Deschutes County will not have adequate resources to maintain and preserve
the existing county road system, and
WHEREAS, Deschutes County's Transportation System Plan, section 5.2, policy 8.b. states:
Deschutes County shall not add any miles of new road to the system unless the following issues are
satisfied.... b. the county can financially absorb the additional maintenance requirements; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That the County hereby suspends the establishment of new County Roads until
county road funds are deemed adequate in the judgment of the Board to meet the maintenance and
preservation needs of the county road system, subject to Section 4.
PAGE 1 OF 2- RESOLUTION NO. 2009-118
Section 2. That the County will accept petitions for the creation of new Local Improvement
Districts provided full maintenance responsibility for the improved road is assured by a special road
district or incorporated homeowners association.
Section 3. That the County will not accept any local roads created by new development into the
County maintained system until county road funds are deemed adequate in the judgment of the Board to
meet the maintenance and preservation needs of the county road system.
Section 4. That the Board may establish roads that are functionally classified as Arterials or
Collectors.
Section 5. That this Resolution shall supersede Resolution 2006-049.
Dated this of &,2009
ATTEST:
Recording Secretary
PAGE 2 OF 2- RESOLUTION No. 2009-118
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, REGON
TAM7BAN.,CHAIR
DENNIS R. LUKE, VICE CHAIR
ala." 66R'q-�
ALAN UNGER, COMMISSIONER
Excerpts from DCC 17.16 related to subdivision access
17.16.105. Access to Subdivisions.
No proposed subdivision shall be approved unless it would be accessed by roads constructed to
County standards and by roads accepted for maintenance responsibility by a unit of local or
state government. This standard is met if the subdivision would have direct access to an
improved collector or arterial or in cases where the subdivision has no direct access to such a
collector or arterial, by demonstrating that the road accessing the subdivision from a
collector or arterial meets relevant County standards and has been accepted for
maintenance purposes. (Emphasis added)
Ord. 93-012 §19(A), 1993)
17.16.040. Protective Covenants and Homeowner Association Agreements.
Landowner covenants, conditions, and restrictions and homeowner association agreements are
not relevant to approval of subdivisions and partitions under DCC Title 17, unless otherwise
determined by the County to carry out certain conditions of approval, such as road
maintenance or open space preservation. Any provisions in such agreements not in
conformance with the provisions of DCC Title 17 or applicable zoning ordinances are void.
Ord. 93-012 §16, 1993; Ord. 90-003 §1, Exhibit A, 1990) (Emphasis added)
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 13, 2017
DATE: September 8, 2017
FROM: Peter Gutowsky, Community Development, 541-385-1709
TITLE OF AGENDA ITEM:
Lot of Record Amendment Work Session
PUBLIC HEARING ON THIS DATE?: No
ATTENDANCE: Peter Gutowsky, Planning Manager
SUMMARY: The Board is conducting a work session on September 13, 2017 in preparation
for a public hearing on September 20 to consider text amendments relating to Deschutes
County's lot of record definition and process.
RECOMMENDATION & ACTION REQUESTED:
Discussion item.
Community Development Department
Plarnninq Diuislon Su fdi4iq Safety Division Environmental Soils Division
P,O, Box 60115 117 NW Lafayette Avenue Bend, Oregon 97708-6ij85
Phone: (541) 388-6575 Fax: (541) 385-1764
http://Ww .deschLItes,org/cci
MEMORANDUM
TO: Deschutes County Board of County Commissioners
FROM: Peter Gutowsky, AICP, Planning Manager
DATE: September 8, 2017
SUBJECT: Lot of Record Text Amendments / Work Session
The Board of County Commissioners is conducting a work session on September 13, 2017 in preparation
for a public hearing on September 20 to consider text amendments relating to Deschutes County's lot of
record definition and process. Attached with this memorandum are the amendments contained in
Ordinance 2017-015.
BACKGROUND
In Deschutes County, a legal lot of record is a lot or parcel "lawfully established" through compliance
with any rules in the effect at the time of creation (partition, subdivision, minimum lot sizes, etc.).'
Units of land must be verified as "legal lots of record" before the issuance of any land use decision,
building permit or septic permit. Deschutes County no longer recognizes a property as a legal lot of
record based on previously approved building or septic permits due to a 2016 LUBA decision, Grimstad
vs. Deschutes County (LUBA No. 2016-035). The Grimstad decision compelled County staff to review and
analyze the current lot of record code provision, ultimately culminating in the Board of County
Commissioners last month directing staff to initiate a comprehensive amendment that clearly describes
those circumstances when units of land require verification.
11. PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on August 24, deliberated and recommended approval
with additional clarification for:
• Condominium plats as a verified unit of land
• Remainder lots by deed
• Lot line adjustment
• Condemnation
' DCC 18.04.030. Definitions. Lot of Record. https://weblink.deschutes.org/public/0/doc/8988VLafel.aspx
Quality Services Pr )ft)t°rrzt,d upith Pride
Staff Response:
• Condominium plats. Based on further conversations with Planning Division staff no changes
were made. The County has not substantively reviewed condo plats in the past. There is no
policy basis for including condo plats as a verification exception per 22.04.040(B)(2) in the
same way partition and subdivision plats are included. It is not self-evident if a condo plat
creates a verifiable unit of land. Instead, future applicants will have the option per
22.04.040(C)(1) to verify units of land created directly by condo plats or indirectly as
remainders by arguing the subject land is a lawfully established unit of land per ORS 92.010.
• Remainders by deed. No changes were made. The Planning Commission was divided on the
need to make changes to address this issue. After further review, the existing language is
sufficient — "or any other lawful division of adjacent or surrounding land." Staff welcomes
additional testimony on this matter on September 20.
• Lot Line Adjustments. A new section was added as follows:
o DCC 22.04.040(C)(2): The unit of land was created by a lot line adjustment approved by
the County so long as the preceding unit of land previously received a Determination of
Lawful -Creation or was a "lawfully established unit of land" pursuant to the definitions
established in ORS 92.010.
For units of land created by a lot line adjustment to an illegally created lot/parcel, the intent
is that the newly formed unit of land potentially could meet the "lawfully established unit of
land" definition in ORS 92.010 as of the date of the lot line adjustment and thereby be
validated per 22.04.040(C)(1). In such circumstances, the relevant consideration will be if
the unit of land met the then "applicable planning, zoning and subdivision or partition
ordinances and regulations" per 92.010(3)(a)(B)(i). Because lot line adjustments are neither
subdivisions nor partitions, the only thing applicable would be "planning" and "zoning"
requirements — i.e. minimum lot size, access, etc.
• Condemnation. Language was amended as follows:
o DCC 22.04.040(C)(5): The unit of land was created by or resulting from a condemnation
action, or in response to a threat of condemnation, or any other dedication of private
land for a public use if the applicable governmental entity accepted the dedication.
The Planning Commission also asked the Board to consider a credit to property owners requiring an
emergency building permit under ORS 92.176 that did not intensify or change the use, when their
original intent was to go beyond those allowances. The amount paid for a building permit under ORS
92.176 would be credited toward their initial intent for a building addition permit.
III. COMPREHENSIVE AMENDMENTS
Ordinance 2017-015 contains Exhibits A through J. The following four tables summarize the
amendments.
• Table 1 summarizes each exhibit. It is important to note that Exhibit E, DCC 22.04, Introductions
and Definitions, describes the process and criteria for verifying units of land.
-2-
• Table 2 lists those circumstances when verifying a unit of land is required.'
• Table 3 identifies exceptions to verifying a unit of land.3
• Table 4 describes the verification process and limitations.
Table 1 - Exhibits to Ordinance 2017-015
Exhibits
Amendments
Comments
Deschutes County is no longer using
Exhibit A, Deschutes County
Eliminates "
"lot" "parcel."
the term "lot of record." Instead,
Code (DCC) 18.04.030,
Revises and Adds definition
verifying a unit of land is the
for lot of record dwelling and unit of
appropriate term since it is
Definitions.
land."
distinguishable from other terms
commonly used in state statute.
Deletes reference to "lot or PaFGel was a !at
Exhibit B, DCC 18.84.090,
� and replaces it with "unit of land
Landscape Management
received a Determination of Lawful -
See above.
Combining Zone Setbacks
Creation"
Exhibit C, DCC 18.116.330,
Supplemental Provisions,
Deletes reference to "'^^a"^+ Of Fee "
Marijuana Production,
and replaces it with "unit of land."
See above.
Processing, and Retailing
Deletes areference to'Iet" and replaces
with "unit of land."
Deletes a reference to '
Exhibit D, DCC 18.120.02,
,-^,.^r� ,asn defined �„ ni-r � e n� nen/ l\
Exceptions, Nonconforming
of '
Let ef d" and replaces it with unit of
See above.
Lot Sizes
land is verified pursuant to DCC
22.04040(C) or an exception applies
pursuant to DCC 22.04.040(B)(2).
Amends DCC 22.04.010, Introduction and
Application, by establishing a process of
verifying units of land (See Tables 2, 3 and 4
below).
Exhibit E, DCC 22.04,
Provides definitions in DCC 22.04.020 to
Establishes a process and criteria in
Introductions and
provide consistency with DCC 18.04.030.
DCC 22.04, Introduction and
Definitions
Definitions include "Determination of
Definitions, for verifying units of
Lawful Creation," "Lot," "Lot of record
land.
dwelling," "Parcel," and "Unit of land."
Establishes a process and criteria in DCC
22.04.040 for verifying units of land.
Exhibit F, DCC 22.20.015,
Amends DCC 22.020.15 to acknowledge
Recognizes that if the unit of land is
Review of Land Use Action
that any property created in violation of
unlawful, permits can be issued if
Applications, Code
applicable land use regulations shall be
DCC 22.04.040(E) are met.
Enforcement and Land Use
subject to code enforcement provisions.
' DCC 22.04.040(B)(1), Permits Requiring Verification.
3 DCC 22.04.040(B)(2), Exceptions.
DIM
Exhibits
Amendments
Comments
Any land use permit in Exclusive Farm Use and Forest Use zones
2.
Amends DCC 22.28.040 to
3.
All zones, a land use permit relocating property lines that reduce in size a unit of land
acknowledge that an application
Any permit for a unit of land including wetlands on Statewide Wetlands Inventory
5.
denied because the unit of land was
not created in compliance with
Exhibit G, DCC 22.28.040,
Removes reference to iet Of Fecerd
applicable zoning and land division
Land Use Actions Decisions,
deteFminatmen and replaces with unit of
laws pursuant to DCC 22.04.040
Reapplication Limited
land.
shall be subject to reapplication
under DCC 22.28.040(A) only if the
applicant presents new factual
evidence not submitted with the
prior application
Acknowledges that determinations
made by declaratory rulings, such as
Exhibit H, DCC 22.36.010,
Removes reference to !at d
verifying a unit of land was created
Limitations on Approvals,
determinations and replaces with unit of
in compliance with applicable
Expiration of Approval
land.
zoning and land division laws
pursuant to DCC 22.04.040 do not
expire and become final, unless
appealed.
Exhibit I, DCC 22.40,
Declaratory rulings require
Declaratory Ruling,
Adds to DCC 22.40.010, Availability of
demonstrating
ating a unit of land was
r
Availability of Declaratory
Declaratory Ruling, Verifying units of land.
created compliance with
Ruling
applicable zoning and land division
laws pursuant to DCC 22.04.040
Exhibit J, Findings
Provides the burden of proof justifying the
amendments.
Table 2 — Verification Required
-4-
Circumstances Requiring Verification
1.
Any land use permit in Exclusive Farm Use and Forest Use zones
2.
Any permit for a unit of land subject to wildlife habitat special assessment
3.
All zones, a land use permit relocating property lines that reduce in size a unit of land
4.
Any permit for a unit of land including wetlands on Statewide Wetlands Inventory
5.
All zones, a land use, structural, or non -emergency on-site sewage disposal system permit if the unit of land is
smaller than the minimum area required in the applicable zone
-4-
Table 3 — Exceptions
Table 4 — Verifying Units of Land
Declaratory Ruling
When applying for a declaratory ruling to demonstrate a lawful unit of land, findings are required verifying
compliance with applicable zoning and land division laws pursuant to the provisions below:
1. ORS 92.010. Created in compliance with all applicable planning, zoning and subdivision or partition
ordinances and regulations or by deed or land sales contract if there were no applicable planning, zoning or
subdivision or partitioned ordinances or regulations.
2. Remainder. The unit of land was created as a remainder by a subdivision plat, partition plat, town plat, or any
other lawful division of adjacent or surrounding land; or
3. Federal Conveyance. The United States of America created the unit of land prior to or pursuant to a
conveyance to the current owner or the owner's predecessors -in -interest.
4. Condemnation. The unit of land was created by a condemnation action or in response to a threat of
condemnation.
Limitations
If it determined in a land use decision that a unit of land does not comply, Deschutes County may only issue the
following permits:
• A permit eliminating common property lines abutting the subject unit of land;
• A permit authorizing a single lot partition plat to validate the unit of land pursuant to ORS 92.176 and 177
so long as the unit of land was created prior to January 1, 2007;
• A land use, building, and/or on-site sewage disposal system permit allowing for the continued use of a
structure located on the unit of land pursuant to ORS 92.176(3), so long as the, permit' does not change or
intensify the use of the structure and the structure was lawfully established prior to January 1, 2007; or
• Any other permit that returns the unit of land to a configuration that previously received a Determination
of Lawful -Creation, or was previously verified pursuant to subsection (C) and a finding was issued to that
effect in a>land use action or declaratory ruling
Attachment: Ordinance No. 2017-015
-5-
Verification Not Required if One of the Following Exceptions Applies
1.
Land Division. The unit of land was created by a subdivision plat, partition plat, or town plat approved by the
County, another political subdivision of the State of Oregon, or the State of Oregon;
2.
ORS 92.176. The unit of land was previously validated by the County and an applicable partition plat was
subsequently recorded within 90 days as required by ORS 92.176(4);
3.
Prior Determination. The unit of land previously received a Determination of Lawful -Creation;
4.
' Prior Land Use Decision. The unit of land was previously verified and a finding was issued to that effect in a
land use action or declaratory ruling;
5.
Prior County permits upon Ordinance Effective Date. In limited circumstances, the unit of land previously
received a land use or building permit prior to ORDINANCE DATE (TBD), a structural permit after ORDINANCE
DATE (TBD), or a non -emergency on-site sewage disposal permit; or
6.
' Minimum Lot Size. Land use, structural, or non -emergency on-site sewage disposal system permit if the unit
of land is larger than the minimum area required in non -resource zones.
Table 4 — Verifying Units of Land
Declaratory Ruling
When applying for a declaratory ruling to demonstrate a lawful unit of land, findings are required verifying
compliance with applicable zoning and land division laws pursuant to the provisions below:
1. ORS 92.010. Created in compliance with all applicable planning, zoning and subdivision or partition
ordinances and regulations or by deed or land sales contract if there were no applicable planning, zoning or
subdivision or partitioned ordinances or regulations.
2. Remainder. The unit of land was created as a remainder by a subdivision plat, partition plat, town plat, or any
other lawful division of adjacent or surrounding land; or
3. Federal Conveyance. The United States of America created the unit of land prior to or pursuant to a
conveyance to the current owner or the owner's predecessors -in -interest.
4. Condemnation. The unit of land was created by a condemnation action or in response to a threat of
condemnation.
Limitations
If it determined in a land use decision that a unit of land does not comply, Deschutes County may only issue the
following permits:
• A permit eliminating common property lines abutting the subject unit of land;
• A permit authorizing a single lot partition plat to validate the unit of land pursuant to ORS 92.176 and 177
so long as the unit of land was created prior to January 1, 2007;
• A land use, building, and/or on-site sewage disposal system permit allowing for the continued use of a
structure located on the unit of land pursuant to ORS 92.176(3), so long as the, permit' does not change or
intensify the use of the structure and the structure was lawfully established prior to January 1, 2007; or
• Any other permit that returns the unit of land to a configuration that previously received a Determination
of Lawful -Creation, or was previously verified pursuant to subsection (C) and a finding was issued to that
effect in a>land use action or declaratory ruling
Attachment: Ordinance No. 2017-015
-5-
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Deschutes County Zoning; and Title 22, * ORDINANCE NO. 2017-015
Deschutes County Development Procedures
Ordinance and Declaring an Emergency.
WHEREAS, the Deschutes County Community Development Department (CDD) initiated an
amendment (Planning Division File No. 247 -17 -000596 -TA) to the Deschutes County Code (DCC) Title 18,
Chapters 18.04, Title, Purpose and Definitions; 18.84, Landscape Management Combining Zone; 18.116,
Supplementary Provisions; 18.120, Exceptions; Title 22, Chapters 22.04, Introduction and Definitions; 22.20,
Review of Land Use Action Applications; 22.28, Land Use Action Decisions; 22.36, Limitations on Approvals;
and 22.40, Declaratory Ruling; and
WHEREAS, the Deschutes County Planning Commission considered this matter after a duly noticed
public hearing on August 24, 2017 and recommended to the Deschutes County Board of County Commissioners
("Board"), to adopt Ordinance No. 2017-015; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on [date to be
determined], and concluded that the public will benefit from the proposed changes to Deschutes County Code
("DCC") Titles 18 and 22; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.04.030, Definitions, is amended to read as described in Exhibit
"A," attached hereto and by this reference incorporated herein, with new language underlined and language to
be deleted in strikethrough.
Section 2. AMENDMENT. DCC 18.84.090, Setbacks, is amended to read as described in Exhibit `B,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in stfilk�gh.
Section 3. AMENDMENT. DCC 18.116.330, Marijuana Production, Processing, and Retailing, is
amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in stfik�.
Section 4. AMENDMENT. DCC 18.120.020, Nonconforming Lot Sizes, is amended to read as
described in Exhibit "D," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strikethreugh.
Section 5. AMENDMENT. DCC 22.04, Introduction and Definitions, is amended to read as described
in Exhibit "E," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in s*"'liet rough.
PAGE 1 OF 3 - ORDINANCE NO. 2017-015
Section 6. AMENDMENT. DCC 2.2.20.015, Code Enforcement and Land Use, is amended to read as
described in Exhibit "F," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in str-i-lethfeiigh.
Section 7. AMENDMENT. DCC 22.28.040, Reapplication Limited, is amended to read as described in
Exhibit "G," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in strikethrough.
Section 8. AMENDMENT. DCC 22.36.010, Expiration of Approval, is amended to read as described
in Exhibit "H," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stfik�gh.
Section 4. AMENDMENT. 22.40.010, Applicability of Declaratory Ruling, is amended to read as
described in Exhibit "I," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in strilretr:r-ough.
Section 5. FINDINGS. The Board adopts as its findings Exhibit "J", and incorporated by reference
herein.
Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this of , 2017 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DeBONE, Vice Chair
ATTEST:
Recording Secretary PHILIP G. HENDERSON, Commissioner
Date of 1St Reading: day of , 2017.
Date of 2"d Reading: day of , 2017.
Record of Adoption Vote
PAGE 2 OF 3 - ORDINANCE NO. 2017-015
Commissioner
Tammy Baney
Anthony DeBone
Philip G. Henderson
Effective date:
Yes No Abstained Excused
day of 12017.
PAGE 3 OF 3 - ORDINANCE NO. 2017-015
Chapter 18.04. TITLE, PURPOSE AND DEFINTTIONS
18.04.030. Definitions.
"Lot" means a unit of
landasdefined in DCt.._18,04.0 0._ and22_.04.020.-d,4_-,y:...�
_h_ ..
land.; IfactcuPtovsi��tat.di�in uish n( how lastc:._w� aresf._..._,_h_f
created, "lot" in that context means a unit: of land created by a subdivision of laiid. t)se of the term
"lot" in an , code provision shall not be inter reted as re wiring a determination that the unit of bind
l.._.•.........-__......___._.__.___._.__-_............._.__.._......__..........h......__.............---- ....... ..�.........__................_•... .......... __...._............___._..__•_�...__.....__....__....._..................
..........
was lawfully created.
"Lot of4eeovd" nieans�A. A lot or paFee", t least square ."eet area and at leits- �_et
4;1'x—xi�L�_n was"ereAt'-dewas -c� yTix'LZ-f4-44]7d'9FiiT3::,-[a[eLTff7:
}..:.....
......I:I lsa+titic�nif� la€ cl... is definecl....i.n...iSS-9-
� C`
c,ontraet-_clatecl...-an.1--signed-by, ll ....lsartiers.to....t&ke....t a sa t+es€ ....c.(s tail i+l....a.....sct� tat
f�31 � 43i P2 (moi -v o i� c.t ra z shalz 1-r4 x-c�€:mzedd unless "'ishe4ega,4-d-esE-'$F��tiE?f�s 4 ti�1i1��
�. r.�x, k,��l-at-�-�1.,•;�-�;tlf tl��--1crt--Co��t�=-�-le�r�l-reg;�i�l��l..-.'.�.�.....tlt�--lr)es�l��r�,,,.%r
rry -iz- as
R -e 4+)f-'
pa re e1,
-ov p. feel validate"
ate-W-e;�r(,ate .l.... €:>lvL.l.�x...{,�:..a a lot. of-aw-assessor-!s
Ltlb 4.'\f11T-�dfTlT✓(fbW l'i�t.LE4 L���F.
�iless._the -131-ram laar� Wil- ���s �c3�� u���el
}�.or•--t1���3�r�>Pvs��-�f.....1)C'�_-';tle._...1�;_-"lit'-'__car--"�a+-cel-'-'._..n�ea��s__a--car€ e#=_r�<:«r°�1_��s--€l�fit��¢1"--1:�_;�;
"Lot of record dwell 5
"Parcel" means a unit of land as defined n DCC and 22.04.020. ei,€tattd-, ): a pai--titioning,
of=f=ared: If a code movision that. uses the term "parcel" requires distirrRuishing how,a unit of l and
� 1 .._c.r ateclTmm`.Parcel"'. in that_contt context a_ltnit_o-?;..:lanci.._ot G Itteeci _bv��<1� t:itii3nin� c>f�1���d...• Use._c�i..Yi�_e
term .�`.hjr€�eE in any code provision ~hall not:__b€,,,interpreted as reQUitin„; a,_deterinipation.that the
unit of land was lawfully created.
Page 1 of 2- EXHIBIT A TO ORDINANCE NO. 2017-01.5
"Ilii SfF tii$g }$EiH tai Ii3$1i€? �£3t Eir iilr£ii i� ezris e r1£3i t l it E;ri1't "'- �l b 2l t } s 3
"Unit o land"_ {}
means £Iit: €?UOU � and disc-rew hind Sill2{liarly..describei b a lc�,0s�1strti€�P:en
.... instrument such..
t . <i d.c { 1 ill(1 `i rl£ e tillti<t<1 l infill :ail )t II�C,t,t i sioi,t>... A lr gal inst,l,t,lm rl_t:...11l�rt £;4}rnt e �....nitlltij !c.
..
units of, _lrrll£1_Sh l rlol ,}?� intF rix-O..ed is t._�c,3lim terosej�r£,perl lilles between flit lull tiple units ���,
land unless r{li�:>.:. Itl:?...._applic"<Ibl£, 13�� ivguliisrrf'....._l)r{al�cv ir��:......vacation at._t e cifn; of the
......................................................
collv�,��°�i lCe� ..�I h El;,ll{w it Shall 11e...ro lic(l _til is plc s� r�il lmr {1r, �cr°calill�._multipl€, trrnt� of 1��;i,�1_.
t lx 1(3t bL yi€ <i11i111 tlrPl Ci �i1 l`j�{ €ar mill X13 i?i„ oth rv11 e fortllr� ct?nvelli£lla (il the
c s
li". section of, to�i;hin lri£ rkil-Iti off it roads ofsretysurveys
.. tl��..
Or ille f Cd ',Ub tsi{ns Fhe tern -is imil o land' lot. and? rcldiall have til� ulwr,.......... ..
Irlc �E?iYif, unless the }icy' _1_g_..�_1..._€!2 t€le terin is uw _. llE± a umitf
lsir€Cl G,'Ei� crt�7ttcl i ise o[ tl'ie terms -un it o lziail ' versus i{)t ...va vel'.SUS ',,Dari cF, in alio code ilrttq-isioii
..... ....... .. .. ...... .... .. ....d... ..
sll dl not he rW 'el'ore-tcd as requiring <r.�:lei{ trilrm_ttto�ct_r �_rt_tile _unit o _l_.incl,was 1m itrllv_c„reaced.
(i rd, '.,t3„1,,7.-� __5..§._l._..._<'_�3„l_7.;, Ord. 2016-026§ 1, 2016; Ord. 2016-015§ 1, 2016; Ord. 2015-004 § 1,
2015; Ord. 2014-009 §1, 2014; Ord. 2013-008 §1, 2013; Ord. 2012-007 §1, 2012; Ord. 2012-004
§ 1, 2012; Ord. 2011-009 § 1, 2011; Ord. 2010-022 § 1, 2010; Ord. 2010-018 3, 2010, Ord. 2008-
007 § 1, 2008; Ord. 2008-015 § 1, 2008; Ord. 2007-005 § 1, 2007; Ord. 2007- 020 § 1, 2007; Ord.
2007-019 § 1, 2007; Ord. 2006-008 § 1, 2006; Ord. 2005-041 § 1, 2005; Ord. Chapter 18.04 35 (
04/2015) 2004-024 §1, 2004; Ord. 2004-001 §1, 2004; Ord. 2003-028 §1, 2003; Ord. 2001-048
§1, 2001; Ord. 2001-044 §2, 2001; Ord. 2001-037 §1, 2001; Ord. 2001-033 §2, 2001; Ord. 97-
078 §5, 1997; Ord. 97-017 §l, 1997; Ord. 97-003 §1, 1997; Ord. 96-082 §1, 1996; Ord. 96-003
§2, 1996; Ord. 95-077 §2, 1995; Ord. 95-075 §1, 1975; Ord. 95-007 §1, 1995; Ord. 95-001 §1,
1995; Ord. 94-053 §1, 1994; Ord. 94-041 §§2 and 3, 1994; Ord. 94-038 §3, 1994; Ord. 94-008
§§1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§1, 2, and 3, 1994; Ord. 93-043 §§1, IA and IB,
1993; Ord. 93- 038 §1, 1993; Ord. 93-005 §§ l and 2, 1993; Ord. 93-002 §§1, 2 and 3, 1993; Ord.
92-066 § 1, 1992; Ord. 92-065 § § 1 and 2, 1992; Ord. 92-034 § 1, 1992; Ord. 92-025 § 1, 1992;
Ord. 92-004 1 and 2, 1992; Ord. 91-038 §§3 and 4, 1991; Ord. 91-020 §1, 1991; Ord. 91-005 §1,
1991; Ord. 91-002 §11, 1991; Ord. 90-014 §2, 1990; Ord. 89-009 §2, 1989; Ord. 89-004 §1,
1989; Ord. 88- 050 §3, 1988; Ord. 88-030 §3, 1988; Ord. 88-009 § 1, 1988; Ord. 87-015 § I, 1987;
Ord. 86-056 2, 1986; Ord. 86-054 § 1, 1986; Ord. 86-032 § 1, 1986; Ord. 86-018 § 1, 1986; Ord.
85-002 §2, 1985; Ord. 84-023 §1, 1984; Ord. 83-037 §2, 1983; Ord. 83-033 §1, 1983; Ord. 82-
013 fl, 1982)
Page 2 of 2- EXHIBIT A TO ORDINANCE NO. 2017-015
18.84.090. Setbacks.
A. Except as provided in DCC 18.84.090, minimum setbacks shall be those established in the underlying
zone with which the LM Zone is combined.
B. Road Setbacks. All new structures or additions to existing structures on lots fronting a designated
landscape management road shal l be set back at least 100 feet from the edge of the designated road right-
of-way unless the Planning Director or Hearings Body finds that:
1. A location closer to the designated road would more effectively screen the building from the road; or
protect a distant vista; or
2. The depth of the lot makes a 100 -foot setback not feasible; or
3. Buildings on both lots abutting the subject lot have front yard setbacks of less than 100 feet and the
adjacent buildings are within 100 feet of the lot line of the subject property, and the depth of the front
yard is not less than the average depth of the front yards of the abutting lots.
If the above findings are made, the Planning Director or Hearings Body may approve a less restrictive
front yard setback which will be appropriate to carry out the purpose of the zone.
C. River and Stream Setbacks. All new structures or additions to existing structures shall be set back 100
feet from the ordinary high water mark of designated streams and rivers or obtain a setback exception in
accordance with DCC 18.120.030. For the purpose of DCC 18.84.090, decks are considered part of a
structure and must conform with the setback requirement.
The placement of on-site sewage disposal systems shall be subject to joint review by the Planning Director
or Hearings Body and the Deschutes County Environmental Health Division. The placement of such
systems shall minimize the impact on the vegetation along the river and shall allow a dwelling to be
constructed on the site as far from the stream or lake as possible. Sand filter systems may be required as
replacement systems when this will allow a dwelling to be located further from the stream or to meet the
100 -foot setback requirement
D. Rimrock Setback. New structures (including decks or additions to existing structures) shall be set back
50 feet from the rimrock in an LM Zone. An exception to this setback may be granted pursuant to the
provisions of DCC 18.84.090(E).
E Rimrock Setback Exceptions. An exception to the 50 -foot rimrock setback may be granted by the
Planning Director or Hearings Body, subject to the following standards and criteria.
1. An exception shall be granted when the Planning Director or Hearings Body finds that:
a. A lesser setback will make the structure less visible or completely screened from the river or
stream; or
b. The subject unit of land received a Determination of Lawful -Creation lotf -a-k3t
F <�prior to the adoption of this ordinance; or
c. Dwellings (including decks) on both lots or parcels abutting the subject lot within 50 feet of
the rimrock and the adjacent buildings are within 100 feet of the lot line of the subject property;
or
d. Adherence to the 50 -foot setback would prevent the structure from being sited on the lot.
2. A dwelling qualifying for a rimrock setback exception under the criteria set forth in the above shall be
located as follows:
a. The structure shall be designed and sited to minimize the visual impact when viewed from the
ordinary high water mark on the far side of the river. This shall be determined by viewing the
property from the ordinary high water mark immediately across from the center of the river
frontage on which the structure is proposed with like evaluations being made 300 feet upstream
and downstream on either side of that point over the entire length of river frontage on which the
structure is proposed.
b. Existing trees and shrubs which reduce the visibility of the proposed structure shall be retained.
c. The height of the structure shall not exceed the setback from the edge of the rimrock, except
as described in the exception section (f), below.
Page 1 of 2- EXHIBIT B TO ORDINANCE NO. 2017-015
d. No structure (including decks) shall be located closer than 20 feet from the edge of the rimrock
unless the Planning Director or Hearings Body finds that the lesser setback will make the structure
less visible or the structure is completely screened from the river or stream except as described
in the exception section (f), below.
e. Where multiple nonagricultural structures are proposed on a lot or parcel, the structures shall
be grouped or clustered so as to maintain a general appearance of open landscape for the affected
area. This shall require a maintenance of at least 65 percent open space along rimrocks within
subject lots or parcels.
f. Exception: For vacant lots or parcels less than one-half acre, existing prior to the adoption of
Ordinance 92.034, with undulating rimrock, and where there are lawfully established residences
within 100 feet of the lot line on the subject property on both of the abutting lots with rimrock
setbacks less than the depth required in section (d) above, the residential structure setback shall
meet the following criteria:
1) The setback shall be the average distance between the abutting houses as measured from
the subject lot's front yard line to the furthest point of each abutting home facing the river or
stream.
2) The height of the structure shall not exceed the height of the tallest abutting residence and
in no case shall exceed 24 feet high, except for chimneys.
3) The highest ridgeline shall slope up and away from, and run parallel with, the river or
stream.
4) Dormers are prohibited on the riverside or streamside of the residence and allowed on the
street -side of the residence with the height not exceeding the height of the ridgeline.
5) The setback for decks on the rimrock side of the dwelling shall be the average of the decks
on the abutting lots or parcels as measured from the front yard line of the subject property
and in no case shall extend and protrude over the rimrock.
rd, 2017-015 ..,..,2017', Ord. 2007-020 5, 2007; Ord. 2005-002 § 1, 2005; Ord. 2001-016 2, 2001; Ord.
2000-033 §3, 2000; Ord. 95-075 §3, 1995; Ord. 92-034 §2, 1992; Ord 91-020)
Page 2 of 2- EXHIBIT B TO ORDINANCE NO. 2017-015
18.116.330. Marijuana Production, Processing, and Retailing
A. Applicability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU, MUA-10, and RI zones.
2, Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, TuI, RI, and SUBP zones
3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones.
4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones.
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 unit of landleg01(:Aofrecord shall have a
minimum lot area of five (5) acres.
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.
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.
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.
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.
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.
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.
c. Exception: Any reduction to these setback requirements may be granted by the Planning
Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford
equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1000 feet from:
Page 1 of 5- EXHIBIT C TO ORDINANCE NO. 2017-015
GJ
lP
i. A public elementary or secondary school for which attendance is compulsory under Oregon
Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any
property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as described in
ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by
the school;
iii. A licensed child care center or licensed preschool, including any parking lot appurtenant
thereto and any property used by the child care center or preschool. This does not include
licensed or unlicensed child care which occurs at or in residential structures;
iv. A youth activity center; and
v. National monuments and state parks.
b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the
affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and
land area occupied by the marijuana producer or marijuana processor.
c. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not
result in the marijuana producer or marijuana processor being in violation of DCC
18.116.330(B)(7) if the use is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
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:
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.
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.
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.
Odor. As used in DCC 18.116.330(B)(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
Page 2 of 5- EXHIBIT C TO ORDINANCE NO. 2017-015
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.
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.
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.
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.
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.
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.
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.
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).
18. Residency. In the WA -10 zone, a minimum of one of the following shall reside in a dwelling unit
on the subject property:
Page 3 of 5- EXHIBIT C TO ORDINANCE NO. 2017-015
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.
19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by
the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by
September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8,
2016.
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)(0), used in conjunction with
a marijuana crop;
iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in
conjunction a marijuana crop; and
iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana
crop.
b. In the NWA -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.
C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be
subject to the following standards and criteria:
1. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 p.m. on the same
day.
2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped
to prevent detection of marijuana plant odor off premise by a person of normal sensitivity.
3. Window Service. The use shall not have a walk-up or drive-thru window service.
4. 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 registrant.
5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion
thereof, occupied by the marijuana retailer, except as allowed by state law.
6. Co -Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked,
ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In
addition, marijuana retailing shall not be co -located on the same lot or parcel or within the same
building with any marijuana social club or marijuana smoking club.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1,000 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
Page 4 of 5- EXHIBIT C TO ORDINANCE NO. 2017-015
property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as described in
ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by
the school;
iii. A licensed child care center or licensed preschool, including any parking lot appurtenant
thereto and any property used by the child care center or preschool. This does not include
licensed or unlicensed family child care which occurs at or in residential structures;
iv. A youth activity center;
v. National monuments and state parks; and
vi. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary
registered with the OHA.
b. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot litre of the
affected property to the closest point of the building space occupied by the marijuana retailer.
For purposes of DCC 18.116.330(B)(7)(a)( vi), distance shall be measured from the closest
point of the building space occupied by one marijuana retailer to the closest point of the
building space occupied by the other marijuana retailer.
e. A change in use to another property to a use identified in DCC 18.116.330(B)(7), after a
marijuana retailer has been licensed by or registered with the State of Oregon shall not result in
the marijuana retailer being in violation of DCC 18.116.330(B)(7).
D. Annual Reporting
I. 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.
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).
1.2£) i ---001_;'v_Ord. 2016-015 10 2016
Page 5 of 5- EXHIBIT C TO ORDINANCE NO. 2017-015
18.120.020. Nonconforming Lot Sizes.
A. Any parcel of land or portion thereof which is to be dedicated to a public or other entity for a road, canal,
railroad, utility or other public use shall be exempt from the minimum lot size requirements set forth by
DCC Title 18.
B. Whereas land sections in the County are affected by survey adjustments, minimum requirements relative
to lot sizes, where applicable, shall be considered as standard metes and bounds land section division,
(i.e., 160 acres, 80 acres, 40 acres, 20 acres, etc.); lot sizes, therefore, may be reasonably smaller than set
forth by DCC Title 18 if a total section acreage reduction is due to a survey adjustment or other man-made
barriers over which the applicant has had no control.
C. Anynit„_'of._ and'” that is smaller than the minimum area required in any zone may be occupied by an
allowed use in that zone provided that:
1. The unit of land is verified pursuant to DCC 22.O4.040(i:) or aii exception applies pursuant to DCC
22.04.04013)(2)
r +v
2. The use conforms to all other requirements of that zone.
3. If there is an area deficiency, residential use shall be limited to a single dwelling unit.
4. All necessary permits are obtained.
D. Lots or parcels within the Rural Residential Zone (RR -10) that are separated by an arterial right of way
created after June 30, 1993, shall be exempt from the minimum lot dimension of 10 acres in size. Such
parcels may be partitioned only as separated by the right of way and shall not be smaller than one acre.
(% ..
17-0 15 4, _201_'/.:..Ord. 93-034 §2, 1993; Ord. 87-015 §§1 and 2, 1987)
Page 1 of I - EXHIBIT D TO ORDINANCE NO. 2017-015
Chapter 22.04. INTRODUCTION AND DEFINITIONS
22.04.010. Introduction and Application.
22.04.020. Definitions
22.04.030. Repealed.
22.04.040. ' °i yi 1 Units of :.,and.
22.04.010. Introduction and Application.
A. DCC Title 22 is enacted to provide a uniform procedure for the grant or denial and processing
of applications, approvals and determinations by the Planning Division of the Deschutes
County Community Development Department under the applicable County comprehensive
plan, land use regulations, subdivision and partition ordinance, and other ordinances which by
their terms incorporate by reference the procedures in this title. DCC Title 22 shall be known
as the Deschutes County Development Procedures Ordinance.
B l_xc_e fit �a,_<zstclress d ill lac..£ tr € 40 _t=the provisions of DCC Title 22 do not apply to the
issuance, suspension, or revocation of any on-site sewage disposal, ...................................
electrical. € iec ll.g.rtica.la_ or plumbing permits except as they relate to Planning Division
consideration of permitted uses.
C. Notwithstanding DCC 22.04.010(A), inside acknowledged urban growth boundaries and where
authorized by an intergovernmental agreement, the functions of the county Planning Director
and county Hearings Bodies identified herein may be exercised by their counterparts in the
respective cities in accordance with the respective intergovernmental agreements.
17-0.1.5§5,2..Q_1.7, Ord. 99-031 §1, 1999; Ord. 98-068 §1, 1998; Ord. 98-042 §1, 1998; Ord.
90-007 §1, 1990)
22.04.020. Definitions.
The following definitions apply to DCC Title 22.
11s ( inatio i of ,�i t11����i£ i�4C)ti fnelin, it f'Or��F tl t ec': teat issate h-,, the �,ounty ora findiim, *it a
.... ..._. .. .... ...... ..............
l h@ f) _... that f f t lac; t ien-
}C: d usea tion it i 3t" to � jt�l_ IN \M � f �, 1 � i l.:s J C c:;t,€ i liiitlEt"t > €tctl. f� € ttlt c)€ cill :a �" :t i
...... ..... ....... ....... ...... ........ ....._..
d ittizti ll,
l tit_'._ tie Itis„_<t (tililtcrt 1,an a�, det"ned 'il ['s6.�.:_..18 X4.0`0 aild...:'_m 04 0� 1f' t �:��cle,.._t)ro isiott_€ls it;
uses the to it? lot_.,.ivoutiny c.i,,timzi, sliiiw 1-i4,t�v -,, Liidt o ht,nd-s,ttS..created. "lot" in Ilial. conte\, t:
_.
I'll -lot- t(�cicYl€et517E......................
i tilitt�lli1;created I)v a Ml?lt4iwion ot'1 d e tt`the torn ......,...,.....
'hal ilot. be triderr. € ted t`�_t._` gt,it_trt« i de ta;rmin boll that: thei:tlii , a f ici_nd %�,a:° 1<,� Old1��_c te_'lted,
,1_0[ 3.E record dw l_l_ ttt,€ titch ttfy £i dyv llin ct�pic��£c1 l�c_tt.=c(tttrtt tc ��1��__ l �.'0-...
lP r el _ ttt�Tcils a unit of hii { as defined £1_ in I U.' l i (?_4,0 0 <iud 2`,0,L0`0, ....I iF,cod lr,)ro t:�ion (11,11
.
usesthe 1cruiparcelreollry diti)?iishi3?jimv lu it i1ttG3vtas Crwcpa etliii that
:...„ .,l.<t.__... ,_.�.. ....................
coIIlext_..1)lett its i 11niI of I ) i i d c.re i,tc;(1 b tx.i rtiiioil iIie €�f_l i1)(1 ” ..'sc. o tai terIII ,.��€ � 1 ill "'pity otic
l'gro i , pn "l all not be intei-r-)te te,El:...<).s requiring a deterc.ciintitioq that ,the unit.. of hind �y s lavOldly
....................I..............
"Uilii. of, l<attcl"irieans contialloil", ttacl discrete lurid sitz a� hirl=, (k €xil:�ed bN; fa lc;€aal it"t tt"tiftit ttt stick
...... .... ... .... ..... .... .....
as a deed, laild Safe,._c,£��ttt,�c t hit; tt{,lt €�s �til.��l wisioii..... A. 1e gal itl_sirilnt<.a��l....that c,€fit vev's _multtlfl€,
(flfetsW land shill Ilot be itit °tit icd ri ee.ta<'zt€f)t-� tllos t�it)b its lines hekve i€ dhe nniltil le tinny of
laird tittle s:.,'tliidifl :.. with aophc,atble 1t, , to „3;til tiii�: l;,tooc. o, line...:v t{ lion at .th tical;` cat th- _,
Page 1 of 3- EXHIBIT E TO ORDINANCE NO. 2017-015
ti 0YW(Wattce. The 16110-wim,,.; shall _,..._il t taC..._r 1ii'd...,« it ii t.1�5{ ir�zlif' or clivatlit,��.,,i� uftil�_li irilib) €�l lilrid:
f!
t tx lot dile to ill 1s.' £ sora roll €.frwn v1 c o odicn4 i c for the Com Glilenc o the
___..__.. _._._.._ _ ..
iiit " U}11S{ f tr7C�i Iii E 'atli< l� of Lacroads €iti �tg..stiLi ;8ssess0i
1.11 11111.11.1..... 11 �...............l".. t ... .. .
or tiny c orrled subdivisions. 111_t.....tor rags ` twirl( land," la�t...'.� mid mirc,�,l"` Shall s"U'll
ill milli a njes�, file cods _m-ovisioll ill =vllich the lerill is used r£ circ distrnujir�,llrrt.rt 1li�av- <a rrlilt of
_._. . _ .. _.._ __.._ .. w..._ .__.
land a�.as c catcd tino€1e terms "Unit of' lurd versusversu ��rccl` in �tiv codefrovsionef _"lot""_``l...
shall not be; t��_tc r r� i_cd it rcc Brite <, plc t�i.t�airl 1t.fcari t(ltIt„tlrc unit ofland -%wls..la fill
(Ord. 2017-01.5§5. , 2017; Ord 96-071 § IA, 1996; Ord. 95-045 § 1, 1995; Ord. 90-007 § 1, 1990)
, 1'tirposc_. scopo__f'_aalctirrent_willi (',rf)i=r rt()..the lopr_ovll ol_y,._t(nin,permits, un isof,_P,an shall
_
be v ri6sed our's_it.irlt tc�._thi`� `'ectioll 2 t)1 X140 torea'sottabi g ii�:rtr , £srrtlt_li<allce...�\itll the Zoning,
Ind landdiv £.iolilaws ill of Im oil illc, date the unitol landcr ccdoi1�ribiici
_i, .._,.._. l_..............
v_erlfication if' r.cluired, cri(icraticirr_is a_thre'sholci issue before the p rl�lir_1m) be
4l>.ljt oved.,,. but v � if ii at. 011 dcael,, rt()t �,;UP i CCIC. or 111111.3l� cati.ler iac r mit 1 t ftt.ir c ll� iii his Sc � ti(;}i_i.
�
21,(}i 04provides €he o tion to t3tt t rtCEst:�i verify a unit. of kn is }f. Ali 3it"@{j� {fir land
.:....... ....... .... i.r;,... ..
iz e_1s ar it ear to Ilistead arnfl,_ ti) aide Lavatory ttr irl
131'c°tri ...rt;c11£rri,i.i< . tr_f.rc ttrt>i:i..:. —.
1,... lithe< <iil £>4«s pti<ata <rppl,ic'S Durst Ails to_ strias ction .....(.B.......).(....2.) bclo, ,v. ...................... rrl.itl.w Er ritl,il Of lill)(
7lyd_itt,itl$,_to subsection ({)...;skil..l .be .r uired ario to file issuance attic It'-wi.,g,. cmlii_.s1___.._.._.__. _- ------ ___....__
_
a ;` n land use rieritl.it tsar' a ttrli,t til lett. d lir gilt. 1 \chis i � Farm
t � 1£>tts................................. i;...............�(l tt t
... _ .
l_ t>).2 _Forest :..f . ft a , l;`.;l t;l) .;' t lk tl i;{ r 1 > af. £>r` _f ,ai �t_i sc Zook .. f % MCC
......... _tj. i py faunlit tdli'..a ultit...€) l llld. Ell(lcldilau, N �'?lalld�s.._<t, ;lresv n cart the . St stoat id ........................ Wetlands
tl, , A [ tticl...�; s li„i`mit rc,lo est€fa�....i�rf�f>:rt�Y hil s...tla"'tt leduc,c-, tl..`1z, _<.t...unit €�f,I<rra t_,. tr�_d
t t. � _. .., r...' ?_,.:.£ Irt _01 sl( 'sC t� <w5c di"oosdal qi S%� ril
..111-1 €.i-� P(iiTait hlittt tirl<al i Izslit or ri£ it
lCirir3t %t til` unit of land is �-,nli il'-r" lflr.l i the.nil;ltl,rti,ll iarea_}E�quircd ill ilio a alic,�able
_.._ �._ --� ........._._._..
.......:................
latiol_l , cr iI,l ll.toll t>(t ill not '�_..._I m�lli�d li tills ofjlie fioll;ow liwf c x cot�ions aalaly
l- _f h trrtt_t;. of land w,,is_�°reatr created a t�bdiv i ion phnit,,..lasrtritrc'm taltat....£>r t# vvn plat aplgt0ml,
f�;f_ tit€., „t . £�triat�.,e ria<at.hc t l}£ l i.ti tlSubdivision.,it' the. `tet<att of Q con, or t11c...._smt..................
,
ff 33 ...... ......
1 1:'1ic rrit,it:. °l l�t�l € Nvas vrevresrash, v alid atecl It -v the �`�aunl attd �€ir._tt. plicablc _rlggiticm plat
Stih; £ qckt-t_�_tl) r ec c;. d i1 witlai,il 90 dq � .__`� rc dlt�_g_t.ed 1.), . Of,' h 9 1_76.(J)”
_._ �. ' .[w till it � t land r)re ions � r tcv i$,.ed ,i I) te�..rrlllml ti ail o f_ )w 1111 -Crelit itlt�n
(L The tliti.t cif, land Was ...oly ions€� � E ri(ir it _musts at1.t�.._tcs ..,tlhsec tr<,t�....(C) and a fjndim was
isiied to tla at e . ca in i$ land' us a� tion C3t_£de f aratca.r-y ruli.pa', ol,
.._f f
i'' For ._facrtt its listed ir.�...subsect,io a,E'I j
_(�) olllr file unit of ive,iutweive�a
Nfid _ f_
istiid tl`c, ct building iarmit�iiotc0f)N ( Afa stru trfperait
....(._Uit.�
air r(),ttl.)l,N A N( ,i; _ W1_isnrticr�encellste S Nvaf.£�.._�i._posa
t Verified irrits .of Land. f .� remit s thilt r eQuire verit'ic ation hall ��nk 1�e....c a c1_.to units of l<ar.id
g and l�aiatl division lr �,, ir1 f ff , t Osla l4 late the
in C`d3r77t�lirrll+� F� ltfE applicable Zoning _. � ..__, . _ � _. _—
r rlrt of Iiind % id f i ited, as a. vici£ iiC e b �3i,{6' o th v� bll£�' illo i,-ircU €P, till,'£ € s:
1,.^ 411e.... €snit of, land Is �l awk.i#i e,t<I, llsj,c;£i......unit cel 1 i„£t ... mil t,t<ailt 10 tile £ el'illittons
o'labli"'h to Ila (_WS 91""'o1f.lw
The strait c�l_1_ind %vas created b "r lot line ia.cltta tills 4it_z�_l�l�r�oved,b tile t oullty so to _ �r the
la6c£ £€ltl b hilts. oto Iiin l pre \.J. tidy t c,"iw d a 1. ,ot rn-litl<'t.ioll of f av'Fill t, reitiola...,or � is r?.
_kn f lk c ,t trslishe d unit of l and €rir����<iii�_W the definitions __�,htj l;t�;l�ed tii_t_71€� ��.`,Q10,
f.J era is it r� rrl�lrrld t rc sultrtr<>_f -om a Subdivision plias partition blas.
._ 1 lrc. tllt7Et... ,3`Iii l 1t i E tf 1111_ .. ....... ......
tf1 lT 1Gtt., )r i. f 3 of ..:E d surrounding g red:
l°. t iia £ .>1 £ t 1. i t cll�-r r r £� £1 ac airs f.a ttr <atr icltsa kind:
Page 2 of 3- EXHIBIT E TO ORDINANCE NO. 2017-015
o-, he unit o a l „ vvw; et'c""ted �q, T[I� � �i11tC�c ..tai, � t;i America I3T_Ef i to d:71 .1sltCst.i�ii S� to l
....... ......... ......... ....... ....... .
L t.)11voi 1110:. w the t an is ilt C3wnel (')r the owlet `i1i 1£ i:f �s£la s til 3iita aL 5 t. i
[ lie tiilit of land \u � created' I:)°, or, re .6ltitlar �f i_onr a C)£iYld €Hilt'Itl£)ii cIction, a tIl€'e of
............. ............ ...... ............ ...........:...... ...._.................................................................. ............ ...........,. ....... ........ _...,....
Conder lal tti_oti or am" other edit ati£�il....of I�1 ival� larld f.)r t�. public us��, if' 1110 al.� .lirc lble
C) %Y 31iI1C1?t<1[ iitllt4 accepted tirc dc(€i<<ltitail.
1, z.a£fiil4 ' ...Dcc [sat��tt=lei .lilii€<3 ......1[ 1tl <im)[€c�int saiml.i_es fcor _tl. land rise frith listcd in subsection
.
(.13�t(1.t that 1cglj€,i c ..:titli 1 i c .1)ol i cc, the Cott shalI ili ItI le ot,11, a;f~..dIIc .:.litdiIIos. i11 [IIc.._Ia11 [ It so
(actio ft l itldi1�w
t1_i_ifa ild,aj .. _t._h..
t, lituniteri£was, ,,eliCin omwlce with 3rTical. c
__,_,_if_,.
zonim,
and land division laws pf"IrsLJs' nt- to ubsection (C),. a ffriditi€., yi9ting that the unit of lndi
...... .. ....... . .. ......,.„ . ................_. .
docs not.._c.oriml ; vj(h sul.,lS el'o 1 t,)) of a f111f1ti.r�3 1i{tin f[i<IY_._vc. ificali )11 was not €ftttl6:'.dI
...
b cau,"c theunit:..ot,_l t�iti_qu Hifi;. dl figt__� it excepti��tt..[�_til t ant: tc>'�ilbse tt�l�:�...(11}?2t,.. if n <fti[11icr.trit
....... ......... .
gp[>lics for an other l�F°,nnit li�A cl in ,i€bscction (_f:)(I ), the api)li�°.ant �1�_a tccittest a decla �tory
it(,i11{, tstt'lii:..._til [�C C'llr�,f�t�.i x,.,40, Air �zpplic im r��.a a so requesi a d c t 1rator 1't.€lin
f,M'S€€�ttt_i t , D t i ipte x_'.,.,10 prior €� t[�pl-vili{q tr€ �i_12 irit . I'P t�lic _unit o .�1��[„��a s crenie i€�t
Ldztalf) 1J) V a i .fi <11)D icblc z 1 ijw and 1< nd divisions ..ffi,�� s 1 il'sti tt1t:.....to yiib c,fac}i_i..._tC 1,. i(:ft'
£ltiilty s} gill isle the de im llon rulinF det nlliClill€t..th"I _.(he unit €}i£ an £�iivild'res f'€-A-,_'all
_ _ .. --- -- -- . _ --- . _....... _.
fi r. iiit'. li',tcdl €i'3._StibSeCdOi l (�)t, b €fill unit ofland and do S not cit.iwiv vilh eLif:section (t ;, the
.............. ....... .......... ..
Count `shall riot ;til : d[£d ,F.atat£)i�'_ndili£1.and instead siif it �) ovido the at)11[icam ild'>1inati(::il_i.
} IBcIlt tlifz€rn3Tiiy<cliiFLtEts d iLlLn ci1itilii5at<u.......... rnd does
,, ,1,_
110, corri.ol widh,,,.wubs� ction (C) tiilt�....tl............................................... ti) Nx i11�._permits ,.l�ia be issued:
...
I,.A mi'i11i1_c_linlill<Itiii£ �_�)ti���_rg��i�� _c 11 ,fig, flri{,� abutting the sub � t,unil sof, land:
illi€__iTzi€ho iza}it_ � _1im'de to .wi titioni )la €o %a idate 1ITIi 11i1it. Of„l IMI ri-S 3 }llt to QRS
.�...... .._.__...
9 t 1"6 iir£.....1.....'...a
.9. Iia kind rise f crillat tlildiilz7 f1�l1ttil �2tat to on -�i$C� sC9\var ��. Crit: ml s%"Slerll Derilla rdlowilw
_ .._........................_ _ _ w
fist the contirrued a,Ise 01"a..stru tur loco lrc.d csrr....tli£✓ flilit�:.Ot ItIrld I��tiiSU,:d)t to ��[ S `32.[ . C�t.3).a.
01°
[ n-v other pennil t 1 i!, re"H tris_tl9t;. unit of 1 itlil to i �;(3€i,fi<>17i 2E,t )11_that ..I�[Qvio t' i received C.ived, a
[ a4 tee i"il1i, sati{lil cif, A,cit' f tl[ iC titEt:�it of was f)rc idlti � ly verified puritireitt to strbseclion 1,Crc..t
...... .......... ........ ...... ....... ......... ............. ..... ......
air,d a I i€I£110 wis tislr d to that cf�I�a 11 kiltctrorr or t1�Iaralor rulil,'.._.....,_ .
(Ord. 2017-0155.2017)
Page 3 of 3- EXHIBIT E TO ORDINANCE NO. 2017-015
Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS
22.20.015. Code Enforcement and Land Use
22.20.015 Code Enforcement and Land Use
A. Except as described in (D) below, if any property Nyj.5.,c ltc. i...c lis in violation of applicable
land use regulations, and/or the conditions of approval of any previous land use decisions or
building permits previously issued by the County, the County shall not:
1. Approve any application for land use development;
2. Make any other land use decision, including land divisions and/or property line
adjustments;
3. Issue a building permit.
B. As part of the application process, the applicant shall certify:
1. That to the best of the applicant's knowledge, the property in question, including any prior
development phases of the property, is currently in compliance with both the Deschutes
County Code and any prior land use approvals for the development of the property; or
2. That the application is for the purpose of bringing the property into compliance with the
Deschutes County land use regulations and/or prior land use approvals.
C. A violation means the property has been determined to not be in compliance either through a
prior decision by the County or other tribunal, or through the review process of the current
application, or through an acknowledgement by the alleged violator in a signed voluntary
compliance agreement ("VCA").
D. A permit or other approval, including building permit applications, may be authorized if.
1. It results in the property coming into full compliance with all applicable provisions of the
federal, state, or local laws, and Deschutes County Code, including sequencing of permits
or other approvals as part of a voluntary compliance agreement;
2. It is necessary to protect the public health or safety;
3. It is for work related to and within a valid easement over, on, or under the affected
property; or
4. It is for emergency repairs to make a structure habitable or a road or bridge to bear traffic:
QE -1
It { {7n1 )Iles with I. %. �., 22.{.) 1.{) 1() l 1 the tllllt of laild was created in violatioji o ap.} l (cable
......._........._.........._............_.......1............._...........__............_........._.._....._..__....._...._............._._................�9........_......._.._.........___........_._.................____...._..........._...._......_...........__._......._.........._..._..........._...._...._.._.......................4.:.1...................._...........
land use regulations.
E. Public Health and Safety.
1. For the purposes of this section, public health and safety means the actions authorized by
the permit would cause abatement of conditions found to exist on the property that
endanger life, health, personal property, or safety of the residents of the property or the
public.
2. Examples of that situation include, but are not limited to issuance of permits to replace
faulty electrical wiring, repair or install furnace equipment; roof repairs; replace or repair
compromised utility infrastructure for water, sewer, fuel or power; and actions necessary to
stop earth slope failure.
(':.:....fl.......-().:.__. ,..'0..1..:-.; Ord. 2015-019, §1, 2015)
Page 1 of 1- EXHIBIT F TO ORDINANCE NO. 2017-015
22.28.040. Reapplication Limited.
A. If a specific application is denied on its merits, reapplication for substantially the same proposal may be
made at any time after the date of the final decision denying the initial application.
B. Notwithstanding DCC 22.28.040(A), a final decision bars any reapplication for a nonconforming use
verification or for a determination on whether an approval has been initiated. All,_._llpplicatJ-o9),_c n,i_e�l
because the unit of land was not created in compliance with applicable, zonin,„ and. land division laws
ptirstiant to DCC. 22.04.040 Ic i row -c i nshall be subject to reapplication under DCC
22.28.040(A) only if the applicant presents new factual evidence not submitted with the prior application.
201 7_, Ord. 98-019 §1, 1998; Ord. 95-045 §24, 1995; Ord. 90-007 §1, 1990)
Page 1 of 1- EXHIBIT G TO ORDINANCE NO. 2017-015
22.36.010. Expiration of Approval.
A. Scope.
1. Except as otherwise provided herein, DCC 22.36.010 shall apply to and describe the duration of all
approvals of land use permits provided for under the Deschutes County Land Use Procedures
Ordinance, the various zoning ordinances administered by Deschutes County and the
subdivision/partition ordinance.
2. DCC 22.36.010 does not apply to:
a. Those determinations made by declaratory ruling, such as verifications of nonconforming uses,
verifving that a unit of land was created in compliance with applicable zoning and land division
) z :h....l L r u;ai t...g: ?...I)C; (;`, 22.,(} 4Q1"1.... ,, ;.r .,, ,s
,.,..d ,,teri-Y,;nations and expiration determinations
......................... .
that involve a determination of the legal status of a property, land use or land use permit rather
than whether a particular application for a specific land use meets the applicable standards of the
zoning ordinance. Such determinations, whether favorable or not to the applicant or landowner,
shall be final, unless appealed, and shall not be subject to any time limits.
b. Temporary use permits of all kinds, which shall be governed by applicable ordinance provisions
specifying the duration of such permits.
c. Quasi-judicial map changes.
B. Duration of Approvals.
1. Except as otherwise provided under DCC 22.36.0 10 or under applicable zoning ordinance provisions,
a land use permit is void two years after the date the discretionary decision becomes final if the use
approved in the permit is not initiated within that time period.
2. Except as otherwise provided under applicable ordinance provisions, preliminary approval of plats or
master plans shall be void after two years from the date of preliminary approval, unless the final plat
has been submitted to the Planning Division for final approval within that time period, an extension
is sought under DCC 22.36.010 or the preliminary plat or master plan approval has been initiated as
defined herein.
3. In cases of a land use approval authorized under applicable approval criteria to be completed in
phases, each phase must be initiated within the time specified in the approval, or initiated within two
years of completion of the prior phase if no timetable is specified.
4. The approval period for the following dwellings in the Exclusive Farm Use and Forest Use Zones is
for 4 years:
a. Nonfarm dwelling
b. Lot of record dwelling
c. Large tract dwelling
d. Template dwelling.
C. Extensions.
1. The Planning Director may grant one extension of up to one year for a land use approval or a phase
of a land use approval, and two years for those dwellings listed in DCC 22.36.010(B)(4) above,
regardless of whether the applicable criteria have changed, if:
a. An applicant makes a written request for an extension of the development approval period;
b. The request, along with the appropriate fee, is submitted to the County prior to the expiration of
the approval period;
c. The applicant states reasons that prevented the applicant from beginning or continuing
development or meeting conditions of approval within the approval period; and
d. The County determines that the applicant was unable to begin or continue development or meet
conditions of approval during the approval period for reasons for which the applicant was not
responsible, including, but not limited to, delay by a state or federal agency in issuing a required
permit.
Page 1 of 2- EXHIBIT H TO ORDINANCE NO. 2017-015
2. Up to two additional one-year extensions, or two-year extensions for those dwellings listed under
DCC 22.36.010(B)(4) above, may be granted under the above criteria by the Planning Director or the
Planning Director's designees where applicable criteria for the decision have not changed.
3. In addition to the extensions granted in DCC 22.36.010(C)(I), one additional two-year extension for
a land use approval or a phase of a land use approval may be granted by the Planning Director or the
Planning Director's designee under the criteria listed under DCC 22.36.010(C)(1) for approvals
issued prior to June 8, 2011. This subsection does not apply for those dwellings listed under DCC
22.36.010(B)(4) above.
D. Procedures.
1. A determination of whether a land use has been initiated shall be processed as a declaratory ruling.
2. Approval of an extension granted under DCC 22.36.010 is an administrative decision, is not a land
use decision described in ORS 197.015 or Title 22 and is not subject to appeal as a land use decision
and shall be processed under DCC Title 22 as a development action, except to the extent it is necessary
to determine whether the use has been initiated.
E. Effect of Appeals. The time period set forth in DCC 22.36.010(B) shall be tolled upon filing of an appeal
to LUBA until all appeals are resolved.
O '(J, ,,,,,.?,�� 1,,,1;T ),:1 Y � _� � Ord. 2015-017 §s5, 2015; Ord. 2011-016, 2011; Ord. 2004-001 §4, 2004; Ord.
95-045 §43A, 1995; Ord. 95-018 § 1, 1995; Ord. 90-007 § 1, 1990)
Page 2 of 2- EXHIBIT H TO ORDINANCE NO. 2017-015
Chapter 22.40. DECLARATORY RULING
22.40.010. Availability of Declaratory Ruling.
22.40.010. Availability of Declaratory Ruling.
A. Subject to the other provisions of DCC 22.40.010, there shall be available for the County's
comprehensive plans, zoning ordinances, the subdivision and partition ordinance and DCC Title
22 a process for:
1. Interpreting a provision of a comprehensive plan or ordinance (and other documents
incorporated by reference) in which there is doubt or a dispute as to its meaning or
application;
2. Interpreting a provision or limitation in a land use permit issued by the County or
quasi-judicial plan amendment or zone change (except those quasi-judicial land use actions
involving a property that has since been annexed into a city) in which there is doubt or a
dispute as to its meaning or application;
3. Determining whether an approval has been initiated or considering the revocation of a
previously issued land use permit, quasi-judicial plan amendment or zone change;
4. Determining the validity and scope of a nonconforming use; and
5. Determination of other similar status situations under a comprehensive plan, zoning
ordinance or land division ordinance that do not constitute the approval or denial of an
application for a permit: gnd
6. Verifvin,(>� that a unit of lan_ci�a�s..._cre<tied.._iii__�o���.�{_iance..._wi,t1�..._�i....:..l caE�1e..z«nin��).and,...land
�........ .. .................. 1 pp
division laws Pursuant to VCC; 22.04,010.
Such a determination or interpretation shall be known as a "declaratory ruling" and shall be
processed in accordance with DCC 22.40. In all cases, as part of making a determination or
interpretation the Planning Director (where appropriate) or Hearings Body (where appropriate)
shall have the authority to declare the rights and obligations of persons affected by the ruling.
B. A declaratory ruling shall be available only in instances involving a fact -specific controversy
and to resolve and determine the particular rights and obligations of particular parties to the
controversy. Declaratory proceedings shall not be used to grant an advisory opinion.
Declaratory proceedings shall not be used as a substitute for seeking an amendment of general
applicability to a legislative enactment.
C. Declaratory rulings shall not be used as a substitute for an appeal of a decision in a land use
action or for a modification of an approval. In the case of a ruling on a land use action a
declaratory ruling shall not be available until six months after a decision in the land use action
is final.
D. The Planning Director may refuse to accept and the Hearings Officer may deny an application
for a declaratory ruling if.
1. The Planning Director or Hearings Officer determines that the question presented can be
decided in conjunction with approving or denying a pending land use action application or
if in the Planning Director or Hearings Officer's judgment the requested determination
should be made as part of a decision on an application for a quasi-judicial plan amendment
or zone change or a land use permit not yet filed; or
2. The Planning Director or Hearings Officer determines that there is an enforcement case
pending in district or circuit court in which the same issue necessarily will be decided as to
the applicant and the applicant failed to file the request for a declaratory ruling within two
weeks after being cited or served with a complaint.
The Planning Director or Hearings Officer's determination to not accept or deny an application
under DCC 22.40.0 10 shall be the County's final decision.
(_ 'W 4)1},()1 Ord. 95-045 47 1995
Page 1 of I- EXHIBIT I TO ORDINANCE NO. 2017-015
FINDINGS
I. APPLICABLE CRITERIA:
Title 22, Deschutes County Development Procedures Ordinance
II. BASIC FINDINGS:
Proposal: The definition of "lot of record" is being amended. The purpose of the
amendment is concurrent with or prior to the issuance of certain permits, units of
land shall be verified as developable pursuant to Deschutes County Code Titles
18 and 22 to reasonably ensure compliance with the zoning and land division
laws in effect on the date the unit of land was put in its current configuration. Not
all permits require verification. If required, verifying that a unit of land is
developable is a threshold issue that should be addressed before the permit may
be issued, but does not supersede or nullify other permit requirements. Code
provisions provide an applicant the option to concurrently determine if a unit of
land is developable as part of applying for a specific permit that requires
verification, or preliminarily apply for a declaratory ruling to determine if the unit
of land is developable and thereby determine the scope of available permits.
III. CONCLUSIONARY FINDINGS:
A. CHAPTER 22.12, LEGISLATIVE PROCEDURES
Section 22.12.010.
Hearing Required
FINDING: The applicant meets this criterion because a public hearing will be held
before the Planning Commission on August 24, 2017.
2. Section 22.12.020, Notice
Notice
A. Published Notice
1. Notice of a legislative change shall be published in a
newspaper of general circulation in the county at least 10 days
prior to each public hearing.
2. The notice shall state the time and place of the hearing and
contain a statement describing the general subject matter of the
ordinance under consideration.
FINDING: This criterion is met because notice was published in the Bend Bulletin
newspaper on July 30, 2017 describing the proposal.
B. Posted Notice. Notice shall be posted at the discretion of the
Planning Director and where necessary to comply with ORS
203.045.
PAGE 1 OF 4 — EXHIBIT J TO ORDINANCE 2017-015
FINDING: This criterion is met because notice was posted in the bulletin board in the
lobby of the Deschutes County Community Development Department, 117 NW
Lafayette, Bend.
C. Individual notice. Individual notice to property owners, as
defined in DCC 22.08.010(A), shall be provided at the discretion
of the Planning Director, except as required by ORS 215.503.
FINDING: Given the proposed amendment in question does not apply to any specific
property, no individual notices were sent. This criterion has been met.
D. Media notice. Copies of the notice of hearing shall be
transmitted to other newspapers published in Deschutes County.
FINDING: Notice will be provided to the County public information official for wider
media distribution. This criterion has been met.
3. Section 22.12.030 Initiation of Legislative Changes.
A legislative change may be initiated by application of individuals
upon payment of required fees as well as by the Board of County
Commissioners.
FINDING: The application was initiated by the Deschutes County Planning Division,
which received a fee waiver. This criterion has been met.
4. Section 22.12.040. Hearings Body
A. The following shall serve as hearings or review body for
legislative changes in this order.-
1.
rder.1. The Planning Commission.
2. The Board of County Commissioners.
FINDING: This criterion will be met.
B. Any legislative change initiated by the Board of County
Commissioners shall be reviewed by the Planning Commission
prior to action being taken by the Board of Commissioners.
FINDING: This Planning Commission held a public hearing on August 24, 2017. The
Board of County Commission will hold a hearing on September 20. This criterion is met
5. Section 22.12.050 Final Decision
All legislative changes shall be adopted by ordinance
FINDING: 247 -17 -000596 -TA will be implemented by an ordinance upon approval and
adoption by the Board; this criterion will be met.
PAGE 2 OF 4 - EXHIBIT J TO ORDINANCE 2017-015
IV. PROPOSED TEXT AMENDMENTS:
The proposed text amendment is detailed in the Ordinance 2017-015, Exhibits A through
I. with additional text identified by underline and deleted text by stFlke+t
V. REVIEW CRITERIA:
FINDING: The definition of "lot of record" is being amended. The purpose of the
amendment is concurrent with or prior to the issuance of certain permits, units of land
shall be verified as developable pursuant to Deschutes County Code Titles 18 and 22 to
reasonably ensure compliance with the zoning and land division laws in effect on the
date the unit of land was put in its current configuration. Not all permits require
verification. If required, verifying that a unit of land is developable is a threshold issue
that should be addressed before the permit may be issued, but does not supersede or
nullify other permit requirements. Code provisions provide an applicant the option to
concurrently determine if a unit of land is developable as part of applying for a specific
permit that requires verification, or preliminarily apply for a declaratory ruling to
determine if the unit of land is developable and thereby determine the scope of available
permits.
Statewide Planning Goals
FINDING: Only two Statewide Planning Goals apply to this amendment, Goals 1 and 2,
which are discussed below.
Goal 1, Citizen Involvement is met through this adoption process because this
amendment received a work session before the County Planning Commission,
the County's citizen review board for land use matters, and a hearing before the
Board.
• Goal 2, Land Use Planning is met because ORS 197.610 allows local
governments to initiate post acknowledgments amendments. An Oregon Land
Conservation and Development Department 35 -day notice was initiated on June
21, 2017.
Comprehensive Plan
The text amendment is consistent with Deschutes County Comprehensive Plan. Section
1.3, Land Use Planning states:
Goal 1 — Maintain an open and public land use process in which decisions are
based on the objective evaluation of facts.
Policy 1.33 — Involve the public when amending County Code
FINDING: This goal and policy is met because this amendment received a public
hearing with the Planning Commission, the County's citizen review board for land use
matters, and a hearing before the Board. As noted above, the purpose of the
amendment is concurrent with or prior to the issuance of certain permits, units of land
shall be verified as developable pursuant to Deschutes County Code Titles 18 and 22 to
PAGE 3 OF 4 — EXHIBIT J TO ORDINANCE 2017-015
reasonably ensure compliance with the zoning and land division laws in effect on the
date the unit of land was put in its current configuration. Not all permits require
verification. If required, verifying that a unit of land is developable is a threshold issue
that should be addressed before the permit may be issued, but does not supersede or
nullify other permit requirements. Code provisions provide an applicant the option to
concurrently determine if a unit of land is developable as part of applying for a specific
permit that requires verification, or preliminarily apply for a declaratory ruling to
determine if the unit of land is developable and thereby determine the scope of available
permits.
PAGE 4 OF 4 - EXHIBIT J TO ORDINANCE 2017-015
September 13, 2017
Mike McArthur
Association of Oregon Counties
1201 Court St. NE, Suite 300
Salem, OR 97301
Re: WIR Contribution Surplus
Dear Mike,
+1qf1111111
IMMMIL't_
P.O, Box 6005 • Bend, OR 97708-6005
1300 NW Wall St, Suite 206 • Bend, OR 97703-1960
(541) 388-6570 • Fax (541) 385-3202
www. deschutes. org
board@deschutes.org
Tammy Baney
Anthony DeBone
Phil Henderson
Through the Association of Oregon Counties, Deschutes County would like to thank all
participating counties and the AOC for the fantastic support received in hosting NACo's 2017
Western Interstate Region Conference. As you know, the conference was a great success that
allowed Western county officials the opportunity to learn and exchange pertinent information.
Due to the extraordinary contributions from counties and corporate sponsors, Deschutes County
concluded the conference with a surplus of funds, and would like to donate this $12,629.45 to
AOC for the purpose of conference development and scholarships, as well as professional
development opportunities.
We thank you. for your continued support.
Sincerely,
Tammy Baney, Chair
Deschutes County Board of Commissioners
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost --Effective Manner