2018-74-Minutes for Meeting January 22,2018 Recorded 3/1/2018i
Recorded in Deschutes County CJ2018-74
Nancy Blankenship, County Clerk
Commissioners' Journal 03/01/2018 10:55:20 AM
X
2018-74
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
Barnes and Sawyer Rooms
Monday, January 22, 2018
Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were
Tom Anderson, County Administrator, Erik Kropp, Deputy County Administrator, David Doyle, County
Counsel, and Sharon Ross, Board Executive Assistant. Citizens and Representatives of the media were in
attendance.
CALL TO ORDER: Chair DeBone opened the meeting at 1:33 p.m.
ACTION ITEMS
1. Marijuana Code & Law Enforcement
Nick Lelack, Community Development Director; Lori Furlong, Community Development Code
Enforcement; Deschutes County Sheriff Shane Nelson, and Errol LaRue, Deputy District Attorney
were present for the discussion.
Mr. Lelack explained this discussion is the third of four work sessions with state agencies
regarding marijuana code regulations and enforcement.
Sheriff Nelson commented on the difficulties the Board is up against with the state of Oregon's
land use regulations. Sheriff Nelson stated marijuana and marijuana grows are against federal
law and based on that he would deny all marijuana applications. Sheriff Nelson spoke on the
importance of a livable community and is concerned as there is a general fear in our community
that they will be retaliated against if they comment or report on any violations. At this time,
Captain Paul Garrison stepped in for the Sheriff as he had to leave for another engagement.
Minutes of Board of Commissioners' Work Session January 22, 2018 Page 1 of 5
Captain Garrison noted there is a full time assigned deputy for the Community Development
Department for investigations. Ms. Furlong reported there have been 73 complaints made since
July regarding marijuana operations.
Commissioner Baney thanked Captain Garrison for stepping in for the conversation and
commented on the federal law of the responsibility to protect the County. Commissioner
Baney spoke on the information on the medical marijuana and working on coordinating efforts
through compliance and protection. There are over 1200 medical marijuana facilities and all of
that information is available from the Oregon Health Authority to the Sheriff's Office. Captain
Garrison noted the department is monitoring those locations. Ms. Furlong commented on the
challenges of the code enforcement of these properties. Citizens are also concerned for safety
and are reluctant to report violations.
Commissioner Baney inquired if there were any options to access more information on medical
marijuana grow facilities for local governments. The Board discussed the possibility of
legislation regarding increased public safety. Commissioner Henderson also suggested sending a
request to the Oregon Health Authority.
Mr. LaRue spoke on the process of criminal cases that are brought to the District Attorney's
Office and commented he has three or four active cases now and all of the attorneys in the
office also have their own. Commissioner Henderson asked how many active cases are
throughout the District Attorney's Office. Mr. LaRue didn't have the figures. Commissioner
Henderson asked Mr. LaRue to find out.
Commissioner DeBone wondered how to reach out to the public on the anonymous complaints
and of the community concern. Ms. Furlong explained the code enforcement staff have also
seen violations on properties that have not received complaints. Commissioner Baney hoped
code enforcement staff would react to violations that they witness. Commissioner Henderson
asked whether code enforcement was keeping a list of those with problems seen. Ms. Furlong
said not at this time. Discussion held on the need for additional code enforcement staff. The
Board expressed the need for the Community Development Department to pursue a fast -
tracked, no delay compliance process and allow the staff to act on violations to impose fines.
Mr. Lelack suggested maybe sending a code enforcement letter to the existing medical
marijuana growers by asking Oregon Health Authority to send them to the addresses of the
facilities. In response to unsafe situations on marijuana properties, Commissioner Henderson
commented that if it is unsafe to go to the property then it is not similar to farming.
Commissioner Baney commented on those that are not complying with the law are probably
those that are presenting the unsafe situations. Captain Garrison explained there may be No
Trespassing signs or gated driveways. Mr. Lelack also explained the presence of dogs as well
would require several staff to be able to access certain properties. Commissioner Baney
inquired if law enforcement has a question on their property what is the remedy to ensure
compliance. Discussion held on search warrants. Mr. LaRue explained the probable cause
required for a search warrant and the challenges. Commissioner Baney recapped the need to
be proactive and whatever the resources that are needed, the Board would want to be aware
of.
Minutes of Board of Commissioners' Work Session January 22, 2018 Page 2 of 5
Mr. Lelack also stressed the importance of community education to further the enforcement
program. Additional staff for code enforcement for both the Sheriff's Office and Code
Enforcement would be beneficial. In addition to staff there may be a need for additional storage
space for any confiscated items.
Commissioner DeBone explained the Sheriff's Office and District Attorney's Office are elected
officials and the community is welcome to send questions.
2. Marijuana Annual Reporting Requirement/Draft
Community Development Department Staff Zechariah Heck and Peter Gutowsky were present
for this discussion. Staff have prepared a package to be sent to all properties with land use
approvals stating the requirements of the annual report. A fee is also required to be submitted
as well as a consent to inspect premises form. Commissioner Henderson suggested the "simple
form"should have more detail.
Commissioner Henderson proposed an inspection on all properties now even if they claim to not
be in the midst of growing plants presently. Commissioner Baney also expressed the need to
include the requirement of inspection during harvest as well. Mr. Gutowsky suggested a
required February and summer inspection.
Mr. Lelack noted a courtesy letter could also be sent informing property owners of the code
enforcement team, inspections, and compliance for Deschutes County code.
RECESS: At the time of 3:26 p.m. the Board took a recess and reconvened at 3:35 p.m.
3. Modification of Mazama's Application
Anthony Raguine, Community Development Department explained the site plan has been
modified. A site map was reviewed. The Board could now determine if all parties should be re -
noticed due to the modifications to allow for a new public hearing. The Board commented on
the public interest and feels it would be important to re -notice. The 150 -day clocks starts over.
Discussion held on the best process for the hearing and testimony. The hearings procedure was
outlined.
Minutes of Board of Commissioners' Work Session January 22, 2018 Page 3 of 5
OTHER ITEMS:
• Possible Marijuana Appeal
Anthony Raguine and Kyle Collins Community Development Department presented this item for
consideration. The subject property is located at 62870 Johnson Ranch Road, Bend. Mr. Collins
reviewed the application with the proposal to establish a marijuana processing facility. The
Board noted they would be inclined to hear this if it were to be appealed.
BANEY: Move approval of Order 2018-007 should it be appealed
HENDERSON: Second
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
• 2018 Board Retreat
Judith Ure, Management Analyst and Whitney Hale, Public Information Officer reviewed the
draft agenda for the Board Retreat that is scheduled for Tuesday, January 30, 2018.
RECESS: At this time of 4:01 p.m. the meeting recessed and reconvened in the Allen Room at 4:06 p.m.
• Commissioner Henderson has expressed interest in participating in the Redmond Airport
Commission for the current vacant seat. Commissioner Baney commented on the public input
and citizen involvement on that committee. Commissioner Henderson feels there is value for a
commissioner to be involved. Commissioner DeBone suggested a term to be included.
BANEY: Move approval of appointing Commissioner Henderson to the Airport Committee
DEBONE: Second
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
EXECUTIVE SESSION:
At the time of 4:11 p.m. met in Executive Session under ORS 192.660 (2) (e) Real Property Negotiations.
At the time of 4:19 p.m., the Board came out of Executive Session.
Minutes of Board of Commissioners' Work Session January 22, 2018 Page 4 of 5
BANEY: Move approval of direction for Property Management Special to move forward
with items as discussed in Executive Session
HENDERSON: Second
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
At the time of 4:19 p.m., the Board went back into Executive Session under ORS 192.660 (2) (e) Real
Property Negotiations. At the time of 4:38 p.m., the Board came out of Executive Session.
OTHER ITEMS (continued):
• Mr. Lewis reported on a request from private property owners. Mr. Lewis pointed out the
parcel on a map that had been land locked property but there was an existing road and an
easement was established. A survey and center line was recorded with the county surveyor.
The county didn't formally record the easement for that property. The dirt road is physically
there and the properties were sold based on the fact there was a legal access. Need to create a
dedicated easement for access and the county would not have road maintenance responsibility.
The Board expressed support. Mr. Lewis will come back with the preparations.
ADJOURN: Being no further discussion, the meeting adjourned at 4:48 p.m.
DATED this ;7— f
Commissioners.
ATTEST:
Recording Secre ry
Day of LA.&r 2018 for the Deschutes County Board of
�, A 1; � 42 �' - I - -
Anthony DeBone, Chair
Philip G. H¢hdersbn, Vice Chair
Tammy Baney, Commissioner
Minutes of Board of Commissioners' Work Session January 22, 2018 Page 5 of 5
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, MONDAY, JANUARY 22, 2018
Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be 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. Marijuana Code & Law Enforcement - Nick Lelack, Community Development Director
2. Marijuana Annual Reporting Requirement/Draft - Zechariah Heck, Assistant Planner
3. Modification of Mazamas Application: The applicant submitted a modification to their
proposal (Exhibit A) which would move the campground further from property lines
adjacent to residential uses. - Anthony Raguine, Senior Planner
EXECUTIVE SESSION
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific
guidelines, are open to the media.
Board of Commissioners Work Session Agenda Monday, January 22, 2018 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 Monday, January 22, 2018 Page 2 of 2
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 January 22, 2018
DATE: January 17, 2018
FROM: Nick Lelack, Community Development, 541-385-1708
TITLE OF AGENDA ITEM:
Marijuana Code & Law Enforcement
ATTENDANCE: CDD Director Nick Lelack, Captain Paul Garrison, District Attorney John
Hummel
SUMMARY: The Board of County Commissioners is conducting a series of work sessions
with local and state agencies as part of the County's marijuana evaluation project. This work
session discussion will address challenges and explore potential new approaches to revise and expand the
County's marijuana code and law enforcement program.
SUBJECT:
FROM:
Community Development Department
Planning Division Buitsling Safety Division Environmental Soils Division
P.O. Box 6,005 17 NW Lafayette Avenue Bend, Oregon 97708-6005
(541) 388-6575 Fax (541) 385-1764
http://yvwi. d e s ch ute s. o rg/cd
MEMORANDUM
Marijuana Code & Law Enforcement
Nick Lelack, AICP, Director
MEETING: January 22, 2018
1. SUMMARY
In late 2017, CDD discussed marijuana code and law enforcement challenges with the Deschutes County
Sheriff's Office and District Attorney. This memorandum summarizes challenges and offers approaches
to revise and expand the County's marijuana code and law enforcement program.
In addition, the County is closely coordinating with partner organizations, including the City of Bend
Police Department and Central Oregon Drug Enforcement (CODE), to address marijuana law
enforcement issues.
II. CHALLENGES
Table 1 summarizes many current challenges with code and law enforcement. Table 2 identifies
potential changes to the County's marijuana code and law enforcement program.
Table 1- Marijuana Enforcement Challenges
Challenge
Key Issues
1. Illegal and unpermitted grow sites exist across the County.
2. If complaints are not submitted or staff does not discover the illegal
1. Complaint -based approach
grow sites during the normal course of work, then code/law
enforcement is not pursued.
3. Many residents remain fearful of submitting complaints.
1. Anonymous complaints often do not provide evidence for code or law
enforcement to verify and/or demonstrate violations to pursue
2. Anonymous complaints
enforcement.
2. Many residents remain fearful of submitting anonymous complaints.
1. Penalties not imposed / avoided if compliance is achieved
2. May create incentive to grow illegally until or unless caught, and then
3. Voluntary compliance approach
penalties can be avoided by removing plants or applying for permits.
3. Provides time to comply while violation continues (similar to other
violations depending on the type of violation)
Quality Set -vices Petfoi-i ed 71,1ith Pritle
Challenge
Key Issues
1. Code and law enforcement cannot conduct random, unscheduled
4. Lack of unscheduled site /
inspections without property owner consent due to trespass laws.
building inspections
2. Annual reporting program requires scheduled inspections.
3. Scheduled inspections allow violators to remove plants or otherwise
demonstrate compliance during the inspections.
1. Code enforcement prioritizes public health, life or safety violations
2. New code enforcement text amendment requires elevating code
S. Marijuana enforcement not
complaints submitted during land use review processes to comply with
prioritized
state mandated decision making timelines.
3. Marijuana violations processed in the order in which they are received
and in line with all other complaints and violations
1. $2,000 penalties may not deter illegal grows.
2. Criminal penalties are minimal for exceeding legally allowed plant
6. Minimal penalties
limitations.
3. Jackson County increased penalties to $20,000.
1. Properties, buildings, number of plants, etc. remain unknown. Code/law
enforcement cannot see buildings and/or number of plants in buildings
from right of way or neighbor properties (when staff allowed onsite).
7. Known impacts, but...
2. Public confusion over different types of cannabis grows, some of which
are legal, including hemp, personal (recreational or medical), which have
similar or the same impacts.
1. Time to research registered/licensed grow or illegal; time to locate the
property (different from other complaints), the building on a property,
number of plants in a building; determine if a legal grow is in compliance
with land use decision (recreational) or county regulations (existing
medical).
2. Dangerous sites require multiple staff— code and law enforcement —to
8. Resource intensive
attend to investigate — occasionally large numbers of law enforcement
investigations &enforcement
3. Industry is well represented by legal counsel unlike others violations,
resulting in resource intensive prosecution
4. Complex regulations require technical staff from all divisions to
participate in code enforcement activities and assist in compliance
5. Enforcement of small illegal operations (<20 plants) requires significant
law enforcement resources to investigate and determine illegal activity
1. Unknown distribution locations of approved and licensed growers
9. Distribution
product(s) — in state, out of state, etc.
-2-
Table 2- Marijuana Enforcement Potential New Approaches & Resources
Potential Changes
Key Issues
1. Pro -actively search for illegal grows.
1. CHANGE FROM COMPLAINT-
2. Pro -actively investigate permitted/approved grows to determine
BASED TO PRO -ACTIVE
compliance with County regulations.
ENFORCEMENT
3. Pro -actively engage and coordinate closely with OLCC, OWRD, and other
state agencies to determine compliance.
1. If there is a violation, immediately issue citation and impose penalties.
2. CHANGE FROM VOLUNTARY
2. Do not dismiss violations even if corrected.
COMPLIANCE TO IMMEDIATE
3. Impose penalties due to violation on the date the violation was
CITATION & IMPOSITION OF
discovered and citation issued.
PENALTIES
4. Take immediate necessary action to correct illegal activity or code
violations.
1. Increased CDD and DCSO staffing is necessary to implement 1 and 2.
2. Dedicated staffing would prioritize marijuana enforcement and allow
code enforcement staff to address other complaints.
3. Coordinate with partner organizations, including the City of Bend and
3. STAFFING & RESOURCES
CODE, to investigate and correct violations.
4. Meet regularly with industry representatives and citizens/citizen groups
to discuss ongoing issues, complaints, changing laws, education, etc.
5. Necessary resources: vehicles, computers, offices, training, etc.
1. Increase penalties from $2,000 to a higher amount, such as Jackson
4. INCREASE PENALTIES
County's fines of $20,000 for violations.
5. ESTABLISH MARIJUANA POLICY
1. Based on the parameters of the new program (discussed above) develop
& PROCEDURES CHAPTER OF
and adopt a chapter of the CE Policy & Procedures Manual.
THE CODE ENFORCEMENT
2. Amend DCC 1.16 and 1.17 as necessary to implement the new approach
MANUAL, & POTENTIAL CODE
3. Develop a new tracking system to efficiently track and report on cases,
AMENDMENTS TO DCC 1.16
legal and illegal grows, refer cases to Sheriff's Office and/or DA, etc.
AND 1.17
4. Ensure confidentiality of cases for enforcement purposes.
1. Require business license for marijuana growers if allowed. Legally TBD if
such a program is possible to treat recreational marijuana, a farm crop
under Oregon law, differently from other crops; and to require medical
marijuana growers (non -profits and federally protected) to participate in
such a program. Note: Existing medical marijuana growers are not
6. CHANGE THE ANNUAL
required to participate in annual reporting program.
REPORTING REQUIREMENT TO
2. Allow random inspections similar to restaurants, etc.
A BUSINESS LICENSE OR
3. Require businesses to identify the dispensaries and retail establishments
SIMILAR PROGRAM
their products will be distributed to and sold.
4. Convenience for code and law enforcement to immediately reference a
County list of approved properties on which marijuana businesses are
approved rather than relying on OLCC and/or OHA.
5. A business license program would be new for the county. Need to
determine administration and costs of the new program.
-3-
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 January 22, 2018
DATE: January 17, 2018
FROM: Zechariah Heck, Community Development, 541-385-1704
TITLE OF AGENDA ITEM:
Marijuana Annual Reporting Requirement/Draft
RECOMMENDATION & ACTION REQUESTED:
Board input on marijuana annual reporting requirement.
ATTENDANCE: Zechariah Heck, Associate Planner.
SUMMARY: This memo summarizes the Planning Division's proposed approach toward the County's annual
reporting requirements of approved marijuana operations. Attached are several documents to aid the annual
report. Staff seeks direction from the Board of County Commissioners (Board) on the documents and the initial
approach.
€$f A C�►�rinl unity Deve opnr ent Department
Planning Division Suildtng SaWy Division Envitonmental Sys Division
P.O. Box 6005 117 NW Lafayette Avenue Beni, Oregon 7708-6005
Phone: (541) 388-6575 Fax,, (541) 385-1764
http;H�mv.de schtftes.org/cd
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Zechariah Heck, Associate Planner
Matthew Martin, Senior Planner
Peter Gutowsky, Planning Manager
Nick Lelack, Director
DATE: January 17, 2018
SUBJECT: Annual Reporting Requirement for Marijuana Operations
I. PURPOSE
This memo summarizes the Planning Division's proposed approach toward the County's annual reporting
requirements of approved marijuana operations. Attached are several documents to aid the annual report.
Staff seeks direction from the Board of County Commissioners (Board) on the documents and the initial
approach.
II. SUMMARY
In June 2016, the Board adopted regulations allowing marijuana uses in unincorporated Deschutes County.
Included in the code is a requirement for all production, processing and retailing uses to provide the County a
report documenting compliance with the applicable land use decision and standards.
• Deschutes County Code (DCC) requires an annual report from the real property owner or licensee, if
different, each February 1.1
• The annual report includes a fee: $768.75 in the Fiscal Year 2018 fee schedule. The fee covers the cost
for staff to review the applicant's report and conduct a site visit.
• The components of the annual report include:
o Consent to inspect premises form;
o Marijuana control plan; and,
o Conditions of approval agreement.Z
• The County approved approximately 34 marijuana production, processing and retail uses in 2016 and
2017. The uses that received approval must provide the Community Development Department (CDD) a
report on the status of their operation.
1 DCC, Title 18, Section 116.330(D) and Section 116.340(D)(10).
2 A conditions of approval agreement will only be required if the operation is found to not be in compliance.
Quality Servires.Perfcirmed with Pride
Many of the approved uses in 2017 have yet to receive a state license to operate. Presumably the
approved uses have not been initiated.
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 DCC; 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.
III. PROPOSED APPROACH
CDD will send a letter to all applicants, and, if applicable, property owners and agents, which received land use
approval in 2016 and 2017. A draft letter is attached to this memo. The letter describes the annual reporting
requirement and who to contact if the property owner/licensee has any questions.
The letter will include both a blank and a sample of a completed -example marijuana control plan which will be
sent to the property owner/licensee. The intent is for the sample marijuana control plan to aid the property
owner/licensee in filling out the document. The marijuana control plan ensures compliance with the land use
decision and applicable local and state laws.
The property owner/licensee will also be required to sign a consent form allowing inspection of the premises.
By signing, the property owner/licensee states the document is accurate and true, as well as acknowledging
County staff may arrange a site visit to inspect the property containing the approved use.
In the event a property owner/licensee is not in compliance, staff will work with the property owner/licensee
to establish a condition of approval agreement. if the property owner/licensee does not agree to work with
staff or sign the condition of approval agreement, staff may revoke the land use decision as provided in DCC
Title 22 and/or coordinate with code enforcement/law enforcement/state agencies.
IV. QUESTIONS FOR THE BOARD
• Does the marijuana control plan capture annual report requirements?
• When should site visits be conducted?
• If an operation does not have a state license, are they required to submit the annual report fee
($768.75)?
Attachment:
Draft Marijuana Letter; includes blank and sample Marijuana Control Plan
Page 2 of 2
Drier 111 nity Development Department
Planniaiq Division OWidmg SoWy Division EnWronffwolat Stets Division
P.O. Sox 6005 117 NW Lafayette Avenue Send, Oregon 97708-6005
Phone: (541) 388-6575 rax: (541) 385-1764
http,//� w.deschtites.org/ccl
January 17, 2018
Re: Marijuana Operations Annual Reporting Requirement
Dear Applicant,
You have received land use approval to produce, process or sell marijuana under Deschutes County
Code (DCC) Title 18, Section 116.330 — MarijuanaProduction, 'Processing, and Retailing. The
Community Development Department (CDD) is initiating the process of annual reporting for all
approved marijuana operations.
Your land use application was approved with the condition of approval that an annual report be
submitted to CDD each February 1st (Attachment 1). The report shall document compliance with the
land use decision, fire, health, safety, water, and building codes and laws, as well as applicable State
of Oregon licensing requirements. There are multiple components of the report, including: a land use
verification fee, a Consent to Inspect Premises form, a Marijuana Control Plan and a Conditions of
Approval Agreement (Attachments 2 and 3). _Staff will coordinate with you to ensure all elements are
addressed.
A site visit will be conducted by CDD staff as part of the report. Please respond to and pay the
required fee of $768.75 before . Staff will schedule a site visit with you at the subject
property once the fee is paid and the Consent to Inspect Premises has been received.
If you have not obtained an OLCC/OHA license yet, please inform the CDD. The annual reporting
requirements are required only for those that have initiated the use, i.e., obtained a state license
operate.
Failure to comply with the annual reporting requirement, as described in DCC 18.116.330(D), shall
serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is
not in compliance with Deschutes County Code and, subsequently, authorizes permit revocation
under DCC Title 22.
If you have any questions, please contact the Planning Division at 541-388-6560 or
planning@deschutes.org.
Sincerely,
Deschutes County Planning Division
Attachments:
1) Land Use Approval
2) Marijuana Control Plan
3) Example of Completed Marijuana Control Plan
Quality Services Performed ivith Pride
Community Development Department
PI -inning Oivision i a i Safety ir?Msion Environmeolal Soils 004%ion
P.O. SoK 6005 117 NW Lataye e Avenue Bead, Oregon 97708-6005
Phone. (541) 388-6575 Fax, (5 1) 385-1764
h pt/� v�v.deschtites.org/cd
EXAMPLE
Annual Report — Marijuana Control Plan
Application No. —
Applicant —
Property Owner —
Date Approved —
Situs Address —
Type of Use — Production Processing Retail
(circle all that apply)
Type of State License —
Is the use initiated, e.g., state license obtained and operation has begun —
If no, when is the use expected to initiate?
If you have an OLCC license, have you either paid your County transportation system development
charges (SDC) in full or arranged a payment plan?
Mature Canopy Size —
Lighting (hours of operation) —
Noise and odor (what measures are you taking to ensure compliance) —
QualityServices er vices 1'e}rfot med ivith frit t}
Water (If your water source has changed since application, please provide detail) —
Hours of operation (retail use only) —
* If you need more space to answer the questions above, please attach pages to this form.
By signing this document:
1) 1 certify the information provided is true and accurate; and
2) 1 acknowledge that Deschutes County planning staff will make a site visit(s) to the
address(es) listed above to evaluate compliance with the Deschutes County Code —
Title 18.116.330, Marijuana Production, Processing, and Retailing.
Licensee Name (printed):
Signature:
Property Owner's Name (printed):
Signature (if different):
Phone:
Date: _
Phone:
Date:
Annual Report — Marijuana Control Plan Page 2 of 2
k Community Development Department
j g 1 t Ptara Nlq Divi%ion Buildino Safety Ommon Soli Oivimort
. P, , Box ov05 1 1I NVV Laf��
,°etie Avenue Bend, Oregon 977000-605
Phoria: (541) D'M-6575 Fiix. (5410 "2'5, 176'.
fittCl:r't:".'r49.5�iktk', �riCi
EXAMPLE
Annual Report — Marijuana Control Plan
Application No. – r
Applicant – /A
Property Owner – ✓
Date Approved – 0t
Situs Address – t a A ►°L
Type of Use – Productiar- Processing Retail
(circle all that apply) -...�m
Type of State License –"`
Is the use initiated, e.g., state license obtained and operation has begun – ye --5
If no, when is the use expected to initiate?
If you have an OLCC license, have you either paid your County transportation system development
charges (SDC) in full or arranged a payment plan?
C1 d�oA
`i t
Mature Canopy Size – C r<P—.
Lighting (hours of operation) – ._.._.. __–__. M ............._.,.._....._.... .
Noise and odor (what measures are you taking to ensure compliance) –
___.__....__rr... .......... w_ ........, . _....... `....._....A S J ._
So 3 A e.
! jf jo j e c-1 1 t, A S, awl i ► A € .
Quaalxtal Se)'vtcvs Ileifi)rrt ed willr Pi -i e
Water (If your water source has changed since application, please provide detail) -
�ve-&i no AA- ei
Hours of operation (retail use only) -
ora.. Lk,,- .4 -, c, ^ , r) A
* If you need more space to answer the questions above, please attach pages to this form.
By signing this document:
1) 1 certify the information provided is true and accurate; and
2) 1 acknowledge that Deschutes County planning staff will make a site visit(s) to the
address(es) listed above to evaluate compliance with the Deschutes County Code -
Title 18.116.330, Marijuana Production, Processing, and Retailing.
Licensee Name (printed): A Phone:
. ............
Signature:__ .......... Date:
Property Owner's Name (printed), ------ . . .... .-.- -- Phone:
Signature (if different): ............... ................ Date:
Annual Report — Marijuana Control Plan Page 2 of 2
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 January 22, 2018
DATE: January 18, 2018
FROM: Anthony Raguine, Community Development, 541-617-4739
TITLE OF AGENDA ITEM:
Modification of Mazamas Application: The applicant submitted a modification to their proposal
(Exhibit A) which would move the campground further from property lines adjacent to
residential uses.
RECOMMENDATION & ACTION REQUESTED:
On January 3, 2018, the Board conducted a public hearing to consider a proposal from the
Mazamas to establish a bed and breakfast inn and a campground. The campground is
required to maintain a 100' setback from property lines and a 300' setback from Landscape
Management features, in this case NE Crooked River Drive. The Hearings Officer approved
setback waivers which will allow the campground to observe a 40' setback from the south
property line, a 65' setback from the northeast property line along NE Smith Rock Loop, and an
approximately 160' setback from NE Crooked River Drive. As modified, the campground will
observe a 100' setback from the south property line, a 75' setback from the northeast property
line, and an approximately 110' setback from NE Crooked River Drive.
Pursuant to DCC 22.20.055(B), the applicant agrees to restart the 150 -day land use clock.
Pursuant to DCC 22.20.055(C), the Hearings Body may require that the modified application
be re -noticed and additional hearings be held.
ATTENDANCE: Anthony Raguine, Senior Planner
SUMMARY: Staff asks the Board to determine if the modified application should be re -noticed
and if an additional public hearing should be scheduled.
TO: Board of County Commissioners (Board)
FROM: Anthony Raguine, Senior Planner
RE: Board Work Session on Mazamas Modification of Application (247 -17-
000319 -CU, 247 -17 -000320 -SP, 247 -17 -000321 -CU, 247-17-000879-A,
247 -18 -000045 -MA)
The Hearings Officer approved the proposed bed and breakfast inn and campground, and
granted waivers to required setbacks. On January 3, 2018, the Board conducted a public
hearing to consider an appeal of the Hearings Officer's approval. In response to the public
hearing before the Board, the applicant submitted a request to modify the application as
detailed below.
MODIFICATION OF APPLICATION
As shown on Exhibit A, the modified application includes a number of key components:
• The campground will observe a 100' setback from the south property line, thereby
eliminating the need for a setback waiver from the south property line;
• The Hearings Officer approved a 75' campground setback from the northeast
property line that the applicant proposes to retain. Therefore, a waiver from the
required 100' setback is still necessary;
• The campground setback from NE Crooked River Drive will be reduced from 160
feet to 105 feet. Because the required setback is 300 feet, a setback waiver is still
necessary;
• Campground now located closer to the bed and breakfast inn;
• Campsite #6 removed;
• The tent site associated with Campsite #6 relocated to Campsite #51;
• Reduction in total campsite area from 8,520 square feet to 7,100 square feet;
• Bed and breakfast structure altered to allow placement of the outdoor gathering
area to the north of the structure for additional noise buffering;
• Caretaker's room moved to east end of bed and breakfast structure to provide
direct line -of -sight to campsites;
The maximum 20 campground guests remains unchanged.
Additional 6' acoustical and visual screens/fencing along south and southeast end
of campsites;
Seven -foot acoustical fence along south property line reduced to 5' privacy fence
to improve field of view from the adjoining property to the south;
Parking lot relocated to the northern portion of the property.
PROCEDURES ORDINANCE
Pursuant to DCC 22.20.055(B), the applicant agrees to restart the 150 -day land use clock.
Pursuant to DCC 22.20.055(C), the Hearings Body may require that the modified
application be re -noticed and additional hearings be held.
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Community Development Department
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Planning Division e4jilding Safety Division Environs -tenial Suits Division
P.0, Box 60G5 117 NW Lafayette Avenue Bend, Oregon 97703-6G1015
Phone: (541.) 338-6-575 Fax: (54 1) 3.q5-1764
http://Ai,.nn,%i,cleschi.ites.org/cci
Date: January 19th, 2018
To: Board of County Commissioners
From: Kyle Collins, Assistant Planner
Re: Administrative Decision (File No
Potential Appeal
247 -17 -000742 -AD, 247 -17 -000743 -SP) to Hear
The Board of County Commissioners (Board) will conduct a work session on January 22nd at
1:30 PM and will consider hearing a potential appeal of an administrative decision (File No. 247-
17 -000742 -AD, 247 -17 -000743 -SP) approving a marijuana processing application.
I. Application
On September 5th, 2017, an application was filed for an Administrative Determination (AD) and
Site Plan Review (SP) to establish a marijuana processing facility at 62870 Johnson Ranch
Road, Bend, OR. The applicant requested approval to establish a marijuana processing facility
in the Exclusive Farm Use (EFU) zone. The subject property previously received land use
approval for marijuana production and processing under land use file numbers 247 -16 -000526 -
AD, 247 -16 -000526 -AD, and 247 -16 -000527 -SP. The applicant proposes to discontinue
processing in the existing building and transfer processing to a new 2,100 -square -foot building.
Decision
On October 5th, 2017, the application was deemed complete after the applicant submitted
additional information. The Planning Division issued an administrative decision without a public
hearing for marijuana production on January 11th, 2018, determining the applicant met the
applicable criteria (Attachment 1). Notice of the decision was sent to neighboring property
owners and those that provided comments. The decision becomes final if not appealed by 5:00
PM on January 23rd, 2018.
III. Appeal
At this time no appeal has been filed.
IV. 150 -day Issuance of a Final Local Decision
The 150 -day period for issuance of a final local decision is March 4th, 2018.
Quality ai'1 ?tCd'4 t'i`fi)r ed with ride
V. Board Options
Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners
to initiate review of any administrative action or a Hearings Body's decision within 12 days of the
date of mailing of the final written decision of the Planning Director or lower Hearings Body. The
12th day following the mailing date of this decision falls on a Sunday, therefore, in accordance
with DCC 22.08.070 an appeal must be filed no later than 5:00 PM on Monday, November 131h
Attachment 2 is a Board Order to initiate a de novo review of this file, should a timely appeal be
filed.
Attachments:
1. Administrative Decision for File Nos. 247 -17 -000742 -AD, 247 -17 -000743 -SP
2. Site Plan
3. Board Order to Initiate Review
-2-
P•O• Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
Phone; (541) 888-6575 Fay:, (541) 385- 1764
http:,F/,Arvvw,deschutes.org/cd
FINDINGS & DECISION
FILE NUMBER: 247 -17 -000742 -AD and 743 -SP
APPLICANT: J. Pat Horton
OWNER: Elite Soil LLC
PROPOSAL: Administrative Determination and Site Plan Review for a new
processing building at an approved Marijuana Production and
Processing facility. In addition, this facility will be used to process
other farm products, namely fruits, berries, and hemp.
STAFF CONTACT: Kyle Collins, Assistant Planner
I. APPLICABLE CRITERIA
Title 18 of the Deschutes County Code, County Zoning
Chapter 18.04, Title, Purpose and Definitions
Chapter 18.16, Exclusive Farm Use
Chapter 18.116, Supplementary Provisions
Chapter 18.124, Site Plan Review
Title 22 of the Deschutes County Code, the Development Procedures Ordinance
II. BASIC FINDINGS
A. LOCATION: The subject property has an assigned address of 62870 Johnson Ranch
Road, Bend, and is identified on Assessor's Map 17-14-23 as tax lot 1300.
B. ZONING: The property is zoned Exclusive Farm Use - Alfalfa Subzone (EFU-AL).
C. LOT OF RECORD: The subject property was created by deed on September 9, 1973
by a Warranty Deed recorded with the Deschutes County Clerk at Volume 198 Page
647. Creation of parcels by deed greater than 5 acres in size was allowed until the
adoption of PL -7 on April 5, 1977. The subject property is a lot of record under the
definition provided in DCC 18.04.030.
D. SITE DESCRIPTION: The site is approximately 19.20 acres in size, is generally
rectangular in shape, and fronts on Johnson Ranch Road to the west. Most of its
topography is relatively level and cleared of vegetation. The subject property is currently
developed with an existing agricultural building and greenhouses for an approved
recreational marijuana production and processing facility, approved pursuant to land use
file numbers 247 -16 -000526 -AD, 526 -AD, and 527 -SP.
E. SURROUNDING LAND USES: Surrounding properties are in the Exclusive Farm Use
Zone and are used for irrigated agriculture and rural residences.
F. PROPOSAL: The applicant has requested an Administrative Determination and Site
Plan Review for Marijuana Processing. The applicant proposes to discontinue
processing in the existing building and transfer processing to a new 2,100 -square -foot
building. In addition to marijuana, this building will be used to process other farm
products, namely various fruits, berries, and hemp. No other changes to the previously
approved uses are proposed.
G. PUBLIC COMMENTS: The Planning Division mailed notice of the proposal to all
property owners within 750 feet of the subject property. A public comment expressed
concern regarding noise and odor from the existing operation. Staff notes that review of
this application is specific to the proposed new building and that potential non-
compliance with existing approvals should be directed to code enforcement.
H. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several
agencies and received the following comments:
Deschutes County Building Division: The Deschutes County Building Safety
Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting
Water Supplies, etc. must be specifically addressed during the appropriate plan review
process with regard to any proposed structures and occupancies. Accordingly, all
Building Code required items will be addressed, when a specific structure, occupancy,
and type of construction is proposed and submitted for plan review.
Deschutes County Transportation Planner: Payment of the original SDC for a
marijuana grow operation approved under 247-16-000525-AD/526-AD/527-SP should be
made a condition of approval for 247-17-000742-AD/743-SP. Both the 2016 and 2017
land use applications are for the same location, the same property owner, and the same
applicant. The 2016 SDC totaled $12,635.
Deschutes County Road Department: I have reviewed the application materials for the
above -referenced file number, proposing a new MJ processing building at 62870
Johnson Ranch Road, Bend. Johnson Ranch Road is a County road and is classified as
a rural collector road in the Deschutes County Transportation System Plan. Pursuant to
DCC 12.28.050 and 17.48.210, the applicant is required to obtain a driveway access
permit for access to Johnson Ranch Road.
Central Electric Cooperative:
Central Oregon Irrigation District: A September 29, 2017 comment included the
following information
COID FACILITIES:
• COID has a delivery ditch on the North side of the property
• It has a 20' canal right of way
COID WATER RIGHTS:
• Subject's property has 14.0 acres of COID water rights
• Please contact COID about water rights
247 -17 -000742 -AD & 743 -SP Page 2 of 27
COID GUIDELINE STATEMENT
Deschutes County Assessor: The property is in farm deferral.
Central Electric Cooperative: CEC requests the applicant apply for a new electrical
service by calling 541-548-2144 and provide electrical load and demand requirements
for this activity.
The following agencies did not respond or had no comments: Central Oregon
irrigation District, Deschutes County Assessor, Deschutes County Building Safety,
Deschutes County Environmental Health, Deschutes County Environmental Soils,
Deschutes County Road Department, Oregon Department of Agriculture, Alfalfa Fire
District, and Watermaster.
I. REVIEW PERIOD: The applications were submitted on September 5, 2017. The
Planning Division deemed this application complete and accepted it for review on
October 5, 2017. The 150th day on which the County must take final action on this
application is March 4, 2018.
III. CONCLUSIONARY FINDINGS
A. CHAPTER 18.16. EXCLUSIVE FARM ZONE
Section 18.16.025, Uses Permitted Subject to the Special Provisions Under DCC
Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter
18.124 where applicable.
A facility for the processing of farm crops, or for the production of
biofuel as defined in ORS 315.141, if the facility is located on a farm
operation that provides at least one-quarter of the farm crops
processed at the facility, or an establishment for the slaughter,
processing or selling of poultry or poultry products pursuant to ORS
603.038.
FINDING: The applicant has proposed a facility for the processing of blueberries, raspberries,
strawberries, and hemp as farm crops. The applicant is also proposing Marijuana processing.
As a condition of approval, the applicant shall assure that at least one-quarter of the farm crops
processed at the facility in any calendar year, measured by weight, are produced at the farm
operation on the subject property. In addition, the applicant shall provide to the Planning
Division written documentation of compliance with the requirement in paragraph DCC
18.16.025(1) by submitting processed crop summaries to the Planning Division on request, and
no less frequently than on an annual basis by January 31 of each year.
1. If a building is established or used for the processing facility
or establishment, the farm operator may not devote more
than 10,000 square feet of floor area to the processing facility
or establishment, exclusive of the floor area designated for
preparation, storage or other farm use.
FINDING: The applicant is proposing up to 2,100 square feet of the building area to be used for
processing farm crops. This proposal includes discontinuation of processing in the existing
247 -17 -000742 -AD & 743 -SP Page 3 of 27
building once processing operations are transferred to the new building. A condition of approval
has been added to ensure compliance.
2. A processing facility or establishment must comply with all
applicable siting standards but the standards shall not be
applied in a manner that prohibits the siting of the processing
facility.
FINDING: Staff finds that the processing facility, as proposed and conditioned, can comply with
all applicable siting standards identified in this decision and that these applicable standards
have not been be applied in a manner that prohibits the siting of the processing facility.
3. The County shall not approve any division of a lot or parcel
that separates a processing facility or establishment from the
farm operation on which it is located.
FINDING: No division of a lot or parcel is proposed.
L. Marijuana processing, subject to the applicable provisions of DCC
18.16.025(/) and 18.116.330.
FINDING: The applicant is proposing Marijuana Processing on the subject property, a use
permitted subject to compliance with the applicable provisions of DCC 18.16.025(1), 18.116.330,
additional sections of 18.16 identified below, and relevant sections 18.124. Compliance with
these provisions is addressed in this decision.
3. Section 18.16.060. Dimensional Standards.
E. Building height. No building or structure shall be erected or
enlarged to exceed 30 feet in height, except as allowed under DCC
18.120.040.
FINDING: The proposed building will be approximately 23 feet in height. This criterion will be
met.
4. Section 18.16.070. Yards.
A. The front yard shall be a minimum ok 40 feet from a property line
fronting on a local street, 60 feet from a property line fronting on a
collector street, and 100 feet from a property line fronting on an
arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a
nonfarm dwelling proposed on property with side yards adjacent to
property currently employed in farm use, and receiving special
assessment for farm use, the side yard shall be a minimum of 100
feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm
dwelling proposed on property with a rear yard adjacent to property
currently employed in farm use, and receiving special assessment
for farm use, the rear yard shall be a minimum of 100 feet.
247 -17 -000742 -AD & 743 -SP Page 4 of 27
D. In addition to the setbacks set forth herein, any greater setbacks
required by applicable building or structural codes adopted by the
State of Oregon and/or the County under DCC 15.04 shall be met.
FINDING: No dwelling is proposed. Johnson Ranch Road is classified as a Rural Collector
requiring a 60 -foot front yard setback. The required side and rear yard setbacks are 25 feet. As
shown on the submitted site plan, the proposed buildings and structures comply with the
setback standards above, as the processing structure will be located over 60 feet from any
property line.
B. Chapter 18.116, Supplementary Provisions
Section 18.116.020. Clear Vision Areas.
A. In all zones, a clear vision area shall be maintained on the corners of
all property at the intersection of two streets or a street and a
railroad. A clear vision area shall contain no planting, fence, wall,
structure, or temporary or permanent obstruction exceeding three
and one-half feet in height, measured from the top of the curb or,
where no curb exists, from the established street centerline grade,
except that trees exceeding this height may be located in this area
provided all branches and foliage are removed to a height of eight
feet above the grade.
B. A clear vision area shall consist of a triangular area on the corner of
a lot at the intersection of two streets or a street and a railroad. Two
sides of the triangle are sections of the lot lines adjoining the street
or railroad measured from the corner to a distance specified in DCC
18.116.020(B)(1) and (2). Where lot lines have rounded corners, the
specified distance is measured from a point determined by the
extension of the lot lines to a point of intersection. The third side of
the triangle is the line connecting the ends of the measured sections
of the street lot lines. The following measurements shall establish
clear vision areas within the County:
1. In an agricultural, forestry or industrial zone, the minimum
distance shall be 30 feet or at intersections including an alley,
10 feet.
2. In all other zones, the minimum distance shall be in
relationship to street and road right of way widths as follows:
Right -of -Way Width Clear Vision
80 feet or more 20 feet
60 feet 30 feet
50 feet and less 40 feet
FINDING: The subject property is not located at the intersection of two streets or a street and a
railroad. This criterion does not apply.
Section 18.116.030. Off -Street Parking and Loading.
A. Compliance. No building or other permit shall be issued until plans
and evidence are presented to show how the off-street parking and
247 -17 -000742 -AD & 743 -SP Page 5 of 27
loading requirements are to be met and that property is and will be
available for exclusive use as off-street parking and loading. The
subsequent use of the property for which the permit is issued shall
be conditional upon the unqualified continuance and availability of
the amount of parking and loading space required by DCC Title 18.
B. Off -Street Loading. Every use for which a building is erected or
structurally altered to the extent of increasing the floor area to equal
a minimum floor area required to provide loading space and which
will require the receipt or distribution of materials or merchandise
by truck or similar vehicle, shall provide off-street loading space on
the basis of minimum requirements as follows:
1. Commercial, industrial and public utility uses which have a
gross floor area of 5,000 square feet or more shall provide
truck loading or unloading berths subject to the following table:
Sq. Ft. of Floor No. of Berths
Area Required
Less than 5,000 0
5,000-30,000 1
30,000-100,000 2
100,000 and Over 3
2. Restaurants, office buildings, hotels, motels, hospitals and
institutions, schools and colleges, public buildings,
recreation or entertainment facilities and any similar use
which has a gross floor area of 30,000 square feet or more
shall provide off-street truck loading or unloading berths
subject to the following table:
Sq. Ft. of Floor No. of Berths
Area Required
Less than 30,000 0
30,000-100,000 1
100,000 and Over 2
3. A loading berth shall contain space 10 feet wide, 35 feet long
and have a height clearance of 14 feet. Where the vehicles
generally used for loading exceed these dimensions, the
required length of these berths shall be increased.
FINDING: The applicant has proposed a single loading berth in accordance with Section 1 of
these criteria. As a condition of approval, the loading berth shall have minimum dimensions of
10 feet wide, 35 feet long, and have a height clearance of 14 feet.
4. If loading space has been provided in connection with an
existing use or is added to an existing use, the loading space
shall not be eliminated if elimination would result in less
space than is required to adequately handle the needs of the
particular use.
FINDING: No elimination of a loading space is proposed.
247 -17 -000742 -AD & 743 -SP Page 6 of 27
5. Off-street parking areas used to fulfill the requirements of
DCC Title 18 shall not be used for loading and unloading
operations except during periods of the day when not
required to take care of parking needs.
FINDING: As a condition of approval, off-street parking areas used to fulfill the requirements of
DCC Title 18 shall not be used for loading and unloading operations except during periods of
the day when not required to take care of parking needs.
C. Off -Street Parking. Off-street parking spaces shall be provided and
maintained as set forth in DCC 18.116.030 for all uses in all zoning
districts. Such off-street parking spaces shall be provided at the
time a new building is hereafter erected or enlarged or the use of a
building existing on the effective date of DCC Title 18 is changed.
D. Number of Spaces Required. Off-street parking shall be provided as
follows:
9. Other uses not specifically listed above shall be provided
with adequate parking as required by the Planning Director or
Hearings Body. The above list shall be used as a guide for
determining requirements for said other uses.
FINDING: The proposed use is not specifically listed in this section. Per an applicant email
dated December 11th, 2017, the applicant indicates the processing use will include up to three
employees. For this reason, staff finds three parking spaces are required. Staff notes that the
existing, approved four parking spaces required under 247 -16 -000527 -SP will provide these
spaces, as the processing use will be moved from the existing building to the proposed new
building. As such, no changes to the approved parking area and access is proposed or
required.
E. General Provisions. Off -Street Parking.
1. More Than One Use on One or More Parcels. In the event
several uses occupy a single structure or parcel of land, the
total requirement for off-street parking shall be the sum of
requirements of the several uses computed separately.
FINDING: No other uses or businesses will be sharing the proposed off-street parking spaces.'
Therefore, these criteria are not applicable.
2. Joint Use of Facilities. The off-street parking requirements of
two or more uses, structures or parcels of land may be
satisfied by the same parking or loading space used jointly to
the extent that it can be shown by the owners or operators of
the uses, structures or parcels that their operations and
parking needs do not overlap at any point of time. If the uses,
structures or parcels are under separate ownership, the right
to joint use of the parking space must be evidence by a deed,
lease, contract or other appropriate written document to
establish the joint use.
' Although the subject property was previously approved for marijuana production, this use does not
require parking.
247 -17 -000742 -AD & 743 -SP Page 7 of 27
FINDING: No other uses or businesses will be sharing the proposed off-street parking spaces.
Therefore, these criteria are not applicable.
3. Location of Parking Facilities. Off-street parking spaces for
dwellings shall be located on the same lot with the dwelling.
Other required parking spaces shall be located on the same
parcel or another parcel not farther than 500 feet from the
building or use they are intended to serve, measured in a
straight line from the building in a commercial or industrial
zone. Such parking shall be located in a safe and functional
manner as determined during site plan approval. The burden
of proving the existence of such off -premise parking
arrangements rests upon the applicant.
FINDING: All required parking spaces are located on the same parcel.
4. Use of Parking Facilities. Required parking space shall be
available for the parking of operable passenger automobiles
of residents, customers, patrons and employees only and
shall not be used for the storage of vehicles or materials or
for the parking of trucks used in conducting the business or
used in conducting the business or use.
FINDING: A condition of approval has been added to ensure compliance.
5. Parking, Front Yard. Required parking and loading spaces
for multi -family dwellings or commercial and industrial uses
shall not be located in a required front yard, except in the
Sunriver UUC Business Park (BP) District and the La Pine
UUC Business Park (LPBP) District and the LaPine UUC
Industrial District (LPI), but such space may be located within
a required side or rear yard.
FINDING: No parking is proposed in a required front yard.
6. On -Street Parking Credit. Notwithstanding DCC
18.116.030(G)(2), within commercial zones in the La Pine
Planning Area and the Terrebonne and Tumalo
unincorporated communities, the amount of required off-
street parking can be reduced by one off-street parking space
for every allowed on -street parking space adjacent to a
property up to 30% of the required off-street parking. On -
street parking shall follow the established configurations in
the parking design standards under DCC 18.116.030 Table 1.
To be considered for the parking credit, the proposed parking
surface, along the street frontage under review, must have a
defined curb line and improved as required under DCC 17.48,
with existing pavement, or an engineered gravel surface. For
purposes of establishing credit, the following constitutes an
on -street parking space:
a. Parallel parking (0 degree), each 20 feet of
uninterrupted curb;
247 -17 -000742 -AD & 743 -SP Page 8 of 27
b. Diagonal parking (60 degree), each with 11 feet of
curb;
C. Perpendicular parking (90 degree), each with 10 feet of
curb;
d. Curb space must be connected to the lot that contains
the use;
e. Parking spaces that would not obstruct a required
clear vision area, nor any other parking that violates
any law or street standard; and
f. On -street parking spaces credited for a specific use
may not be used exclusively by that use, but shall be
available for general public use at all times. No signs
or actions limiting general public use of on -street
spaces are permitted.
FINDING: No on -street parking credit under this section is proposed.
F. Development and Maintenance Standards for Off -Street Parking
Areas. Every parcel of land hereafter used as a public or private
parking area, including commercial parking lots, shall be developed
as follows:
1. Except for parking to serve residential uses, an off-street
parking area for more than five vehicles shall be effectively
screened by a sight obscuring fence when adjacent to
residential uses, unless effectively screened or buffered by
landscaping or structures.
FINDING: No changes to the approved parking area and access is proposed or required. Staff
notes that the existing parking area is screened behind a 6 -foot privacy fence.
2. Any lighting used to illuminate off-street parking areas shall
be so arranged that it will not project light rays directly upon
any adjoining property in a residential zone.
FINDING: No adjoining property is in a residential zone. This criterion does not apply.
3. Groups of more than two parking spaces shall be located and
designed to prevent the need to back vehicles into a street or
right of way other than an alley.
4. Areas used for standing and maneuvering of vehicles shall be
paved surfaces adequately maintained for all weather use
and so drained as to contain any flow of water on the site. An
exception may be made to the paving requirements by the
Planning Director or Hearings Body upon finding that.
a. A high water table in the area necessitates a
permeable surface to reduce surface water runoff
problems; or
b. The subject use is located outside of an
unincorporated community and the proposed
surfacing will be maintained in a manner which will not
create dust problems for neighboring properties; or
C. The subject use will be in a Rural Industrial Zone or an
Industrial District in an unincorporated community and
247 -17 -000742 -AD & 743 -SP Page 9 of 27
dust control measures will occur on a continuous
basis which will mitigate any adverse impacts on
surrounding properties.
5. Access aisles shall be of sufficient width for all vehicular
turning and maneuvering.
6. Service drives to off-street parking areas shall be designed
and constructed to facilitate the flow of traffic, provide
maximum safety of traffic access and egress and maximum
safety of pedestrians and vehicular traffic on the site. The
number of service drives shall be limited to the minimum that
will accommodate and serve the traffic anticipated. Service
drives shall be clearly and permanently marked and defined
through the use of rails, fences, walls or other barriers or
markers. Service drives to drive in establishments shall be
designed to avoid backing movements or other maneuvering
within a street other than an alley.
7. Service drives shall have a minimum vision clearance area
formed by the intersection of the driveway centerline, the
street right of way line and a straight line joining said lines
through points 30 feet from their intersection.
8. Parking spaces along the outer boundaries of a parking area
shall be contained by a curb or bumper rail placed to prevent
a motor vehicle from extending over an adjacent property line
or a street right of way.
G. Off -Street Parking Lot Design. All off-street parking lots shall be
designed subject to County standards for stalls and aisles as set
forth in the following drawings and table:
(SEE TABLE 1 AT END OF CHAPTER 18.116)
1. For one row of stalls use "C" + "D" as minimum bay width.
2. Public alley width may be included as part of dimension "D,"
but all parking stalls must be on private property, off the
public right of way.
3. For estimating available parking area, use 300-325 square
feet per vehicle for stall, aisle and access areas.
4. For large parking lots exceeding 20 stalls, alternate rows may
be designed for compact cars provided that the compact
stalls do not exceed 30 percent of the total required stalls. A
compact stall shall be eight feet in width and 17 feet in length
with appropriate aisle width.
FINDING: These criteria were addressed under land use file no. 247 -16 -000527 -SP. No
change to the approval is proposed.
Section 18.116.031. Bicycle Parking.
New development and any construction, renovation or alteration of an
existing use requiring a site plan review under DCC Title 18 for which
247 -17 -000742 -AD & 743 -SP Page 10 of 27
planning approval is applied for after the effective date of Ordinance 93-005
shall comply with the provisions of DCC 18.116.031.
A. Number and Type of Bicycle Parking Spaces Required.
1. General Minimum Standard.
a. All uses that require off-street motor vehicle parking
shall, except as specifically noted, provide one bicycle
parking space for every five required motor vehicle
parking spaces.
4. Section 18.116.035. Bicycle Commuter Facilities.
FINDING: The criteria of these two sections are not applicable because the facility only
requires 3 vehicle parking spaces and generates no required bicycle parking under these code
sections.
5. Section 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,
Tul, 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.
FINDING: The applicant has proposed Marijuana Processing in an EFU Zone. These criteria
are met.
B. Marijuana production and marijuana processing. Marijuana
production and marijuana processing shall be subject to the following
standards and criteria:
1. Minimum Lot Area.
a. In the EFU and MUA-10 zones, the subject legal lot of
record shall have a minimum lot area of five (5) acres.
FINDING: The subject property is 20 acres in size, which includes in gross lot areas2 all streets,
roads, and easement of access to other property that would accrue to that lot if the road, street
or easement were vacated.
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
2 DCC 18.04.030 - "Lot area" means the total horizontal area contained within the lot lines. Said area
shall be computed as gross area for lots larger than 2.5 acres and net area for lots 2.5 acres and smaller.
The total horizontal net area within lot lines of a lot is that square footage of a lot that is free from roads,
streets, rights of way or easements of access to other property. Provided, however, that the Planning
Director or Hearings Body shall include in gross lot areas all streets, roads, and easement of access to
other property that would accrue to that lot if the road, street or easement were vacated, and shall treat
the gross area of lots that have never been previously described of record as other than fractions of a
section as if the section contained 640 acres, in cases where a lot is sought to be partitioned.
247 -17 -000742 -AD & 743 -SP Page 11 of 27
framed opaque, rigid walls and roof covering. Use of
greenhouses, hoop houses, and similar non -rigid
structures is prohibited.
b. In the EFU zone, marijuana production and processing
shall only be located in buildings, including
greenhouses, hoop houses, and similar structures.
C. In all zones, marijuana production and processing are
prohibited in any outdoor area.
FINDING: The subject property is located in the EFU zone. The applicant has proposed that all
processing will occur within a building, complying with these criteria.
3. Maximum Mature Plant Canopy Size. In the EFU zone, the
maximum canopy area for mature marijuana plants shall apply
as follows:
a. Parcels from 5 acres to less than 10 acres in lot area:
2,500 square feet.
b. Parcels equal to or greater than 10 acres to less than 20
acres in lot area: 5,000 square feet. The maximum
canopy area for mature marijuana plants may be
increased to 10,000 square feet upon demonstration by
the applicant to the County that:
i. The marijuana production operation was lawfully
established prior to January 1, 2015; and
ii. The increased mature marijuana plant canopy
area will not generate adverse impact of visual,
odor, noise, lighting, privacy or access greater
than the impacts associated with a 5,000 square
foot canopy area operation.
C. Parcels equal to or greater than 20 acres to less than 40
acres in lot area: 10,000 square feet.
d. Parcels equal to or greater than 40 acres to less than 60
acres in lot area: 20,000 square feet.
e. Parcels equal to or greater than 60 acres in lot area:
40,000 square feet.
FINDING: No production is included in this proposal.
4. Maximum Building Floor Area. In the MUA-10 zone, the
maximum building floor area used for all activities associated
with marijuana production and processing on the subject
property shall be:
a. Parcels from 5 acres to less than 10 acres in lot area:
2,500 square feet.
b. Parcels equal to or greater than 10 acres: 5,000 square
feet.
FINDING: The subject property is not located in the MUA-10 Zone.
5. Limitation on License/Grow Site per Parcel. No more than one
(1) Oregon Liquor Control Commission (OLCC) licensed
247 -17 -000742 -AD & 743 -SP Page 12 of 27
marijuana production or Oregon Health Authority (OHA)
registered medical marijuana grow site shall be allowed per
legal parcel or lot.
FINDING: No production is included in this proposal.
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.
FINDING: The submitted plot plan shows all marijuana processing areas and buildings at least
100 feet from any property line and over 300 feet from any nearby residence.
7. Separation Distances. Minimum separation distances shall
apply as follows:
a. The use shall be located a minimum of 1000 feet from:
L 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 1&116.330(B)(7), all distances
shall be measured from the lot line of the affected
properties listed in DCC 1& 116.330(B)(7)(a) to the
247 -17 -000742 -AD & 743 -SP Page 13 of 27
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(6)(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.
FINDING: Nineteen properties are wholly or partially within 1,000 feet of the subject property.
None of these properties include a use described in this section or are subject to sub -section
(c).
8. Access. Marijuana production over 5,000 square feet of
canopy area for mature marijuana plants shall comply with the
following standards.
a. Have frontage on and legal direct access from a
constructed public, county, or state road; or
FINDING: The subject property has frontage on, and legal direct access from, Johnson Ranch
Road, a constructed public road.
9. Lighting. Lighting shall be regulated as follows:
a. Inside building lighting, including greenhouses, hoop
houses, and similar structures, used for marijuana
production shall not be visible outside the building
from 7.00 p.m. to 7:00 a.m. on the following day.
b. Lighting fixtures shall be fully shielded in such a
manner that all light emitted directly by the lamp or a
diffusing element, or indirectly by reflection or
refraction, is projected below the horizontal plane
through the lowest light -emitting part.
C. Light cast by exterior light fixtures other than marijuana
grow lights shall comply with DCC 15.10, Outdoor
Lighting Control.
FINDING: Criterion (a) does not apply as the applicant does not propose production. Staff
includes criterion (b) and (c) as conditions of approval.
10. 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.
247 -17 -000742 -AD & 743 -SP Page 14 of 27
b. An odor control system is deemed permitted only after
the applicant submits a report by a mechanical
engineer licensed in the State of Oregon demonstrating
that the system will control odor so as not to
unreasonably interfere with neighbors' use and
enjoyment of their property.
C. Private actions alleging nuisance or trespass
associated with odor impacts are authorized, if at all, as
provided in applicable state statute.
d. The odor control system shall.-
i.
hall.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 filters) shall be rated for the required CFM;
or
ii. Utilize an alternative method or technology to
achieve equal to or greater odor mitigation than
provided by (i) above.
e. The system shall be maintained in working order and
shall be in use.
FINDING: The applicant submitted a revised engineering letter and subsequent emails dated
January 2nd and January 91h, 2018 from Registered Professional Mechanical Engineer Robert
James (Certificate Number 65108 PE), of Cole Breit Engineering outlining the odor mitigation
system proposed for the subject development. These emails include engineering drawings
showing the proposed 2,100 -square -foot extraction building containing one 1,404—square-foot
processing room, one 230—square-foot general extraction room, one 230—square-foot
hydrocarbon extraction room, and one 105—square-foot entry hallway (see attached Figures 1
& 2). These rooms will be filtered via two (2) Cameron Great Lakes, Inc. carbon filters, models
VT242412 and VT122412. Robert James states the following in regards to the capacity of the
filtration system and the proposed building footprint:
"The volume of the room' is 29,520 cubic feet, assuming a 15 foot ceiling. Divide by 3 gives a
flow rate of 9.840 CFM required. The two exhaust fans exhaust 2900 cfm each (5800 cfm total).
Plus the air handler moves 7,000 CFM, while providing 4,090 CFM of fresh air. Note that all of
the exhausted air is carbon filtered, so there will be no odor outside the building."
Additionally, the applicant contacted Cameron Great Lakes, Inc. to identify the maintenance
schedule for the proposed filtration system and finds the following:
"I called the Cameron Great Lakes in Portland who manufactures the filters. They advised that
the filters should be replaced every 6 months. We of course will comply with the suggested
replacement schedule or sooner if need be."
Staff finds that the proposed filtration system for the marijuana processing facility will be
sufficient to control odor and will prevent unreasonable interference of the neighbors' use and
enjoyment of their property. As a condition of approval, an effective odor control system must at
' Staff notes the submitted floor plans clarify that the "room" in question, is in fact the entirety of the
proposed processing building.
247 -17 -000742 -AD & 743 -SP Page 15 of 27
all times prevent unreasonable interference of neighbors' use and enjoyment of their property.
The odor control system shall be maintained in working order and shall be in use.
11. Noise. Noise produced by marijuana production and
marijuana processing shall comply with the following:
a. Sustained noise from mechanical equipment used for
heating, ventilation, air condition, odor control, fans
and similar functions shall not exceed 30 dB(A)
measured at any property line between 10:00 p.m. and
7.00 a.m. the following day.
b. Sustained noise from marijuana production is exempt
from protections of DCC 9.12 and ORS 30.393, Right to
Farm. Intermittent noise for accepted farming practices
is permitted.
FINDING: The applicant submitted a revised letter dated December 14th, 2017 from Registered
Professional Mechanical Engineer Robert James which states that a 6 foot high concrete barrier
will be required on the northern side of the HVAC unit and each accompanying exhaust fan. The
wall should be located 5 feet from the equipment and should extend 5 feet beyond the edge of
each piece of equipment on the east and west sides. These measures will keep the equipment
noise at the north property line to a calculated value of 24.2 dB(A). Additionally, James states
that no additional treatment will be required on the east, south, or west sides to keep sound
levels below 30 dB(A). As a condition of approval, sustained noise from mechanical equipment
used for heating, ventilation, air condition, odor control, fans and similar functions shall not
exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following
day.
12. Screening and Fencing. The following screening standards
shall apply to greenhouses, hoop houses, and similar non-
rigid structures and land areas used for marijuana production
and processing:
a. Subject to DCC 18.84, Landscape Management
Combining Zone approval, if applicable.
b. Fencing shall be finished in a muted earth tone that
blends with the surrounding natural landscape and
shall not be constructed of temporary materials such as
plastic sheeting, hay bales, tarps, etc., and shall be
subject to DCC 18.88, Wildlife Area Combining Zone, if
applicable.
C. Razor wire, or similar, shall be obscured from view or
colored a muted earth tone that blends with the
surrounding natural landscape.
d. The existing tree and shrub cover screening the
development from the public right-of-way or adjacent
properties shall be retained to the maximum extent
possible. This provision does not prohibit maintenance
of existing lawns, removal of dead, diseased or
hazardous vegetation; the commercial harvest of forest
products in accordance with the Oregon Forest
Practices Act; or agricultural use of the land.
247 -17 -000742 -AD 8,743 -SP Page 16 of 27
FINDING: The subject property is not in a Landscape Management Combining Zone. The
applicant does not propose any fencing or razor wire. A condition of approval has been added
to ensure compliance with subsections (b) and (c) if any fencing or razor wire is installed in the
future. The applicant does not propose to remove any vegetation on-site. A condition of
approval has been added to ensure compliance with subsection (d) above.
13. Water. The applicant shall provide:
a. A copy of a water right permit, certificate, or other water
use authorization from the Oregon Water Resource
Department; or
b. A statement that water is supplied from a public or
private water provider, along with the name and contact
information of the water provider; or
C. Proof from the Oregon Water Resources Department
that the water to be used is from a source that does not
require a water right.
FINDING: The applicant provided an Oregon Water Resource Department water right
certificate as an exhibit to the application. Staff finds this criterion is met and adds the following
condition to ensure compliance with the requirements of this section.
Water: The use of water from any source for marijuana production shall comply with all
applicable state statutes and regulations including ORS 537.545 and OAR 690-340-
0010.
14. Fire protection for processing of cannabinoid extracts.
Processing of cannabinoid extracts shall only be permitted on
properties located within the boundaries of or under contract
with a fire protection district.
FINDING: The subject property is within the boundaries of the Alfalfa 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.
FINDING: The Central Electric Cooperative provided a "will -serve" letter dated December 14t"
2017 which states "Central Electric Cooperative has reviewed the provided load information (3
New Services, 1-400 amp 277/480v three phase, 1-400 amp 120/240 v three phase and 1-200
amp 120/208v three phase) associated with the submitted cannabis processing facility and has
determined that the combination of these services will require system upgrades to our facilities
in the area. Central Electric Cooperative is willing and able to serve this location in accordance
with the rate and policies of Central Electric Cooperative." As a condition of approval, the
applicant shall establish the system upgrades identified by the Central Electric Cooperative prior
to initiation of use.
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.
247 -17 -000742 -AD & 743 -SP Page 17 of 27
FINDING: The applicant acknowledged this requirement. Staff includes this requirement as a
condition of approval.
17. Secure Waste Disposal. Marijuana waste shall be stored in a
secured waste receptacle in the possession of and under the
control of the OLCC licensee or OHA Person Responsible for
the Grow Site (PRMG).
FINDING: The applicant proposes to store all waste associated with marijuana processing in
the footprint of the proposed structure. Specifically, in an email dated January 91h, 2018, the
applicant states:
"As I earlier indicated, the waste material will be kept in this secure building for a minimum of 3
days for OLCC compliance and then used as compost as it is a totally inert substance after the
processing."
Staff finds that the secure nature of the proposed processing building along with the proposed
filtration system for said building will ensure compliance with the above criterion. Additionally,
staff includes a condition of approval requiring the secured waste receptacle to be in the
possession of and under the control of the OLCC licensee at all times.
18. Residency. In the MUA-10 zone, a minimum of one of the
following shall reside in a dwelling unit on the subject
property.
a. An owner of the subject property;
b. A holder of an OLCC license for marijuana production,
provided that the license applies to the subject
property; or
C. A person registered with the OHA as a person
designated to produce marijuana by a registry
identification cardholder, provided that the registration
applies to the subject property.
FINDING: The subject property is not in the MUA-10 Zone.
19. Nonconformance. All medical marijuana grow sites lawfully
established prior to June 8, 2016 by the Oregon Health
Authority shall comply with the provisions of DCC
18.116.330(6)(9) by September 8, 2016 and with the provisions
of DCC 18.116.330(B)(10-12,16,17) by December 8, 2016.
FINDING: No medical marijuana production exists on site. This criterion does not apply.
20. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited.
L 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;
247 -17 -000742 -AD & 743 -SP Page 18 of 27
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 MUA-10 Zone, the following uses are prohibited.
i.
Commercial activities in conjunction with farm
use when carried on in conjunction with a
marijuana crop.
C. In the
EFU, MUA-10, and Rural Industrial zones, the
following uses are prohibited on the same property as
marijuana production:
i.
Guest Lodge.
ii.
Guest Ranch.
iii.
Dude Ranch.
iv.
Destination Resort.
V.
Public Parks.
Vi.
Private Parks.
vii.
Events, Mass Gatherings and Outdoor Mass
Gatherings.
viii.
Bed and Breakfast.
ix.
Room and Board Arrangements.
FINDING: The applicant acknowledged this requirement. As a condition of approval, the uses
listed in DCC 18.116.330(20) shall be prohibited on the subject property so long as Marijuana
Production and/or Processing are conducted on the site.
C. Chapter 18.124, Site Plan Review
Section 18.124.030. Approval Required.
A. No building, grading, parking, land use, sign or other required
permit shall be issued for a use subject to DCC 18.124.030, nor shall
such a use be commenced, enlarged, altered or changed until a final
site plan is approved according to DCC Title 22, the Uniform
Development Procedures Ordinance.
B. The provisions of DCC 18.124.030 shall apply to the following:
1. All conditional use permits where a site plan is a condition of
approval;
2. Multiple family dwellings with more than three units;
3. All commercial uses that require parking facilities;
4. All industrial uses;
5. All other uses that serve the general public or that otherwise
require parking facilities, including, but not limited to,
landfills, schools, utility facilities, churches, community
buildings, cemeteries, mausoleums, crematories, airports,
parks and recreation facilities and livestock sales yards; and
6. As specified for Flood Plain Zones (FP) and Surface Mining
Impact Area Combining Zones (SM/A).
247 -17 -000742 -AD & 743 -SP Page 19 of 27
FINDING: Marijuana Processing is an industrial use 4, however the proposed processing
represents a small fraction of the total use at the site, which is dominated by Marijuana
Production. Therefore, staff finds that the use of land is not primarily for the manufacture,
processing, storage or wholesale distribution of products, goods or materials. The use is not a
commercial uses. However, since the proposed processing is a use that requires parking
facilities, site plan review is required.
Section 18.124.060. Approval Criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the natural
environment and existing development, minimizing visual impacts
and preserving natural features including views and topographical
features.
FINDING: The property is level farmland currently developed with greenhouses and an existing
farm building. No natural features or topographic features would be impacted by this proposal.
Additionally, required landscaping will more seamlessly blend the proposed use into the
surrounding area. Staff finds that Marijuana Processing within the new building will relate
harmoniously to the natural environment and existing development.
B. The landscape and existing topography shall be preserved to the
greatest extent possible, considering development constraints and
suitability of the landscape and topography. Preserved trees and
shrubs shall be protected.
FINDING: The property is level farmland currently developed with greenhouses and an existing
farm building. The property has approximately 24 trees and none will be impacted by this
proposal. No alterations to the existing topography are proposed or necessary with this
development.
C. The site plan shall be designed to provide a safe environment, while
offering appropriate opportunities for privacy and transition from
public to private spaces.
FINDING: The layout of the existing driveway, parking area, and proposed structure, provide
appropriate opportunities for privacy and transition from public to private spaces. The parking
area is set back approximately 150 feet from the northern property line, which is the nearest
property boundary. Additionally, it is screened from view by a 6 -foot privacy fence and existing
landscaping. The proposed processing facility is set back from the northern property line by
approximately 200 feet, which is the nearest property boundary. Additionally, the facility is
screened from the nearest public road, Johnson Ranch Rd, via existing structures and the
existing privacy fence. Marijuana Processing can include unusual levels of fire safety hazard.
To date, the State Fire Marshall has not commented on this application. As a condition of
approval, the applicant shall comply with all requirements of the State Fire Marshall at all times
to provide a safe environment at the processing facility.
4 DCC 18.04.030 - "Industrial use" means the use of land primarily for the manufacture, processing,
storage or wholesale distribution of products, goods or materials. It does not include commercial uses.
5 DCC 18.04.030 - "Commercial use" means the use of land primarily for the retail sale of products or
services, including offices. It does not include factories, warehouses, freight terminals or wholesale
distribution centers.
247 -17 -000742 -AD & 743 -SP Page 20 of 27
D. When appropriate, the site plan shall provide for the special needs
of disabled persons, such as ramps for wheelchairs and Braille
signs.
FINDING: At the time of plan check for the building permit, the applicant will be subject to any
applicable ADA requirements.
E. The location and number of points of access to the site, interior
circulation patterns, separations between pedestrians and moving
and parked vehicles, and the arrangement of parking areas in
relation to buildings and structures shall be harmonious with
proposed and neighboring buildings and structures.
FINDING: The applicant proposes to continue to use the existing access from Johnson Ranch
Road to reach the existing parking area. The location and number of points of access, along
with interior circulation patterns, were reviewed and approved under land use file no. 247 -16-
000527 -SP. The processing facility will buffered from neighboring properties as the proposed
location is a minimum of 200 -feet from the closest property boundary. Additionally, staff is
unaware of any planned structures on adjacent properties.
Based on the site plan submitted by the applicant, staff finds proposed processing building shall
be harmonious with neighboring buildings and structures.
F. Surface drainage systems shall be designed to prevent adverse
impacts on neighboring properties, streets, or surface and
subsurface water quality.
FINDING: There is no evidence in the record that the site has a history of adversely impacting
the surface water drainage pattern in the area. The site is relatively level with farmland
surrounding the site. Given the relatively small area of the roof associated with the proposed
processing building in relation to the size of the property, staff finds runoff from the building will
be contained on-site. Staff finds that the site will not adversely impact on neighboring
properties, streets, or surface and subsurface water quality.
G. Areas, structures and facilities for storage, machinery and
equipment, services (mail, refuse, utility wires, and the like), loading
and parking and similar accessory areas and structures shall be
designed, located and buffered or screened to minimize adverse
impacts on the site and neighboring properties.
FINDING: The proposed additional trash enclosures are designed to screen the temporary on-
site storage of refuse and recycling. Screening and buffering of parking areas were previously
reviewed and approved under land use file no. 247 -16 -000527 -SP.
H. All above ground utility installations shall be located to minimize
adverse visual impacts on the site and neighboring properties.
FINDING: No new utility installations are proposed.
1. Specific criteria are outlined for each zone and shall be a required
part of the site plan (e.g. lot setbacks, etc.).
FINDING: The structure will meet the dimensional standards and setback requirements set
forth in DCC 18.16 and 18.116, as described above, as well as the building height standard in
247 -17 -000742 -AD & 743 -SP Page 21 of 27
DCC 18.16. Based on these findings and the plans submitted by the applicant, the proposal
meets this criterion.
J. All exterior lighting shall be shielded so that direct light does not
project off site.
FINDING: The applicant has acknowledged this requirement. As a condition of approval, all
exterior lighting shall be shielded so that direct light does not project off-site.
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight
distance, turn and acceleration/deceleration lanes, right-of-
way, roadway surfacing and widening, and bicycle and
pedestrian connections, shall be identified.
2. Mitigation for transportation -related impacts shall be
required.
3. Mitigation shall meet applicable County standards in DCC
17.16 and DCC 17.48, applicable Oregon Department of
Transportation (ODOT) mobility and access standards, and
applicable American Association of State Highway and
Transportation Officials (AASHTO) standards.
FINDING: No transportation infrastructure deficiencies or requirements were identified by the
Deschutes County Road Department or the Deschutes County Transportation Planner.
3. Section 18.124.070. Required Minimum Standards.
A. Private or shared outdoor recreation areas in residential
developments.
FINDING: No residential units are proposed. This criterion is not applicable.
B. Required Landscaped Areas.
1. The following landscape requirements are established for
multi family, commercial and industrial developments,
subject to site plan approval.
a. A minimum of 15 percent of the lot area shall be
landscaped.
b. All areas subject to the final site plan and not
otherwise improved shall be landscaped.
FINDING: These criteria only apply to multi family, commercial and industrial developments.
As discussed above, the Marijuana Production use is an "industrial use". However, staff finds
that the siting of this use in a 2,100 square foot building does not make the primary use of the
20 -acre property "industrial development". Staff finds that these criteria do not apply to this
proposal.
2. In addition to the requirement of DCC 18.124.070(B)(1)(a), the
following landscape requirements shall apply to parking and
loading areas:
247 -17 -000742 -AD & 743 -SP Page 22 of 27
a. A parking or loading area shall be required to be
improved with defined landscaped areas totaling no
less than 25 square feet per parking space.
b. In addition to the landscaping required by DCC
18.124.070(B)(2)(a), a parking or loading area shall be
separated from any lot line adjacent to a roadway by a
landscaped strip at least 10 feet in width, and from any
other lot line by a landscaped strip at least five feet in
width.
C. A landscaped strip separating a parking or loading
area from a street shall contain:
1) Trees spaced as appropriate to the species, not
to exceed 35 feet apart on the average.
2) Low shrubs not to reach a height greater than
three feet zero inches, spaced no more than
eight feet apart on the average.
3) Vegetative ground cover.
d. Landscaping in a parking or loading area shall be
located in defined landscaped areas which are
uniformly distributed throughout the parking or
loading area.
e. The landscaping in a parking area shall have a width of
not less than five feet.
f. Provision shall be made for watering planting areas
where such care is required.
g. Required landscaping shall be continuously
maintained and kept alive and attractive.
h. Maximum height of tree species shall be considered
when planting under overhead utility lines.
FINDING: Three parking spaces are required for the use. Required landscaping for four parking
spaces was previously reviewed and approved under land use file no. 247 -16 -000527 -SP.
These four parking spaces will cover the requirements outlined for the proposed processing
facility.
C. Non -motorized Access.
Bicycle Parking. The development shall provide the number
and type of bicycle parking facilities as required in DCC
18.116.031 and 18.116.035. The location and design of bicycle
parking facilities shall be indicated on the site plan.
FINDING: Compliance with DCC 18.116.031 and 18.116.035 is discussed in findings for those
sections, above.
2. Pedestrian Access and Circulation:
a. Internal pedestrian circulation shall be provided in new
commercial, office and multi -family residential
developments through the clustering of buildings,
construction of hard surface pedestrian walkways, and
similar techniques.
FINDING: This criterion does not apply, as the facility is not a commercial, office, or multi -family
residential development.
247 -17 -000742 -AD & 743 -SP Page 23 of 27
b. Pedestrian walkways shall connect building entrances
to one another and from building entrances to public
streets and existing or planned transit facilities. On
site walkways shall connect with walkways, sidewalks,
bikeways, and other pedestrian or bicycle connections
on adjacent properties planned or used for
commercial, multi family, public or park use.
C. Walkways shall be at least five feet in paved
unobstructed width. Walkways which border parking
spaces shall be at least seven feet wide unless
concrete bumpers or curbing and landscaping or other
similar improvements are provided which prevent
parked vehicles from obstructing the walkway.
Walkways shall be as direct as possible.
d. Driveway crossings by walkways shall be minimized.
Where the walkway system crosses driveways,
parking areas and loading areas, the walkway must be
clearly identifiable through the use of elevation
changes, speed bumps, a different paving material or
other similar method.
e. To comply with the Americans with Disabilities Act,
the primary building entrance and any walkway that
connects a transit stop to building entrances shall
have a maximum slope of five percent Walkways up
to eight percent slope are permitted, but are treated as
ramps with special standards for railings and landings.
FINDING: Staff believes that (b) through (e) apply to any use subject to site plan review. The
applicant did not show pedestrian walkways at the proposed facility. Staff follows the Hearings
Officer decision in CU -14-7 where the Hearings Officer found that, "...these criteria have limited
application to the applicants' proposal inasmuch as there is only one commercial use proposed
for the subject property, and there will be a single building for that use. Therefore, I find there is
no need to apply these criteria to require particular pedestrian circulation or walkways on the
property." Staff finds that the present application is similar in that there is a single building
proposed for the Marijuana Processing facility and that no pedestrian walkways under these
criteria are required.
D. Commercial Development Standards:
FINDING: The proposed facility is not a commercial development. These criteria do not apply.
4. Section 18.124.090. Right of Way Improvement Standards.
Any dedications or improvements to the road right of way required under
DCC 18.124 shall meet the standards for road right of way improvements
set forth in DCC Title 17 and any standards for right-of-way improvements
set forth in DCC Title 18 for the particular zone in question.
FINDING: No transportation infrastructure deficiencies or requirements were identified by the
Deschutes County Road Department or the Deschutes County Transportation Planner.
247 -17 -000742 -AD & 743 -SP Page 24 of 27
IV. TRANSPORTATION SYSTEM DEVELOPMENT CHARGES:
As noted in previous sections by the Deschutes County Transportation Planner, "Payment of the
original SDC for a marijuana grow operation approved under 247-16-000525-AD/526-AD/527-
SP should be made a condition of approval for 247-17-000742-AD/743-SP. Both the 2016 and
2017 land use applications are for the same location, the same property owner, and the same
applicant. The 2016 SDC totaled $12,635."
V. CONCLUSION
Based on the foregoing Basic and Conclusionary Findings, staff finds that the proposed
application for a marijuana processing facility can comply with the applicable standards and
criteria of the Deschutes County zoning ordinance if conditions of approval are met.
VI. DECISION
APPROVAL, subject to the following conditions of approval.
VII. CONDITIONS OF APPROVAL
A. This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use
will require review through a new conditional use application.
B. The applicant will discontinue any processing operations in the existing buildings on site
once processing operations are transferred to the new proposed building.
C. The applicant shall assure that at least one-quarter of the farm crops processed at the
facility in any calendar year, measured by weight, are produced at the farm operation on
the subject property. In addition, the applicant shall provide to the Planning Division
written documentation of compliance with the requirement in paragraph DCC
18.16.025(1) by submitting processed crop summaries to the Planning Division on
request, and no less frequently than on an annual basis by January 31 of each year.
D. The loading berth shall have minimum dimensions of 10 feet wide, 35 feet long, and
have a height clearance of 14 feet
E. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used
for loading and unloading operations except during periods of the day when not required
to take care of parking needs.
F. Required parking space shall be available for the parking of operable passenger
automobiles of residents, customers, patrons and employees only and shall not be used
for the storage of vehicles or materials or for the parking of trucks used in conducting the
business or used in conducting the business or use.
G. 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.
247 -17 -000742 -AD & 743 -SP Page 25 of 27
H. Light cast by exterior light fixtures other than marijuana grow lights shall comply with
DCC 15.10, Outdoor Lighting Control.
The effective odor control system described in the December 14th, 2017 letter from Cole
Breit Engineering, and the subsequent emails dated January 2nd and January 9th, 2018,
must at all times prevent unreasonable interference of neighbors' use and enjoyment of
their property. The odor control system shall be maintained in working order and shall
be in use.
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.
K. The applicant shall establish the system upgrades identified by the Central Electric
Cooperative prior to initiation of use.
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.
M. 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) at all times.
N. The uses listed in DCC 18.116.330(20) shall be prohibited on the subject property so
long as Marijuana Production and/or Processing are conducted on the site.
O. The applicant shall comply with all requirements of the State Fire Marshall at all times to
provide a safe environment at the processing facility.
P. All exterior lighting shall be shielded so that direct light does not project off site.
Q. Any proposed 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. Additionally, any razor wire, or similar, shall be
obscured from view or colored a muted earth tone that blends with the surrounding
natural landscape.
R. 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
condition 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.
S. The applicant shall pay all System Development Charges (SDCs) associated with the
previous land use decisions 247 -16 -000525 -AD, 247 -16 -000526 -AD, and 247 -16-
000527 -SP.
T. The use of water from any source for marijuana production shall comply with all
applicable state statutes and regulations including ORS 537.545 and OAR 690-340-
0010.
247 -17 -000742 -AD & 743 -SP Page 26 of 27
VII. DURATION OF APPROVAL
The applicant shall complete all conditions of approval and secure the building permit the
proposed use within two (2) years of the date this decision becomes final, or obtain an
extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be
void.
This decision becomes final twelve (12) days after the date of mailing, unless appealed
by a party of interest.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Kyle Collins, Assistant Planner
Reviewed by: Peter Gutowsky, Planning Manager
i
247 -17 -000742 -AD & 743 -SP Page 27 of 27
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Board of County Commissioners Retreat
January 30, 2018
Juvenile Justice, LaCombe Room
Time Topic
8:30 - 10:30 a.m. Commissioner Priorities and
Updates on Committee Work
10:30 - 10:45 a.m. Break
Department Forecasting
10:45 - 12:30 p.m. • Requested: Dr. Conway (TB/TD)
• Sheriff Nelson (TB/TD)
• Nick Lelack (TB)
12:30 - 1:30 p.m. Working Lunch - Legislative Priorities
1:30 - 2:30 p.m. Goals & Objectives for FY 2019
2:30 - 2:45 p.m. Break
2:45 - 5 p.m. Other Items:
• Requested Topics:
o Agenda Setting Process
o Timing of Agenda
Preparation/Delivery
o Communication
Facilitator