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2018-154-Minutes for Meeting March 21,2018 Recorded 4/30/2018C- 0 BOARD 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 Recorded in Deschutes County CJ2018-154 Nancy Blankenship, County Clerk Commissioners' Journal 04/30/2018 4:13:42 PM 4 , 11111 TO 111111 2018-154 FOR RECORDING STAMP ONLY 1:30 PM WEDNESDAY, MARCH 21, 2018 ALLEN CONFERENCE ROOM Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Assistant. Several 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. COCC Facilities Master Plan: Matt McCoy, VP Administration presented the COCC Facilities Master Plan. Central Oregon Community College is the largest community college in the state. The first draft of the facilities master plan was presented that spans ten years from 2018- 2028. Many of the buildings were built in the 1970s. The academic programs at each campus were reviewed. Campus maps of each location were reviewed to show proposed design work. The COCC webpage has a space for comments from the community. Mr. McCoy gave an overview of the partnership with OSU Cascades. They meet regularly to determine how to help each other by sharing faculty and space. For transportation they are working with the City of Bend and continuing to expand the system. Discussion held on the availability of apprentice programs. These courses are not offered at the college but Better Together is a program offering important skills and trades for students coming out of high school. Minutes of Board of Commissioners' Work Session March 21, 2018 Page 1 of 10 2. Federal Lands Access Program 2018 Call for Projects - Buckhorn Road: NW Lower Bridge Way to OR 126 Project and Chip Seal of Cascade Lakes Highway: Mt. Bachelor to Elk Lake Project County Engineer Cody Smith and Public Works Director Chris Doty presented this proposal for FLAP and gave an overview. Federal Lands Access Program is part of FAST Act legislation that provides funding to local state and tribal entities for transportation projects that access federal lands. The 2018 call for projects would begin construction in 2022 and 2023 and applications are due April 6th The first project is Buckhorn Road and is a 4.28 miles length of gravel road. The road provides access to approximately 37,747 acres of federal lands with numerous recreation destinations. The project is to reconstruct that portion of road and safety improvements. The project is identified in the transportation capital improvement plan. The proposed project cost is $6,756,083 and would include 30% contribution by the County and 70% by the FLAP program. The Board expressed support. The second project is Chip Seal of Cascade Lakes Highway from Mt. Bachelor to Elk Lake. The project is a 10.34 mile stretch and would be delivered by the County as part of the annual chip seal project. The proposed project cost is $784,379 and would include a 50% match between FLAP and a 50% contribution from County Road funds. The Board expressed support BAN EY: Move approval of FLAP Grant Applications HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried 3. Consideration of Board Approval - Deschutes County Stabilization Center Sheriff Shane Nelson, Dr. George Conway, and Crisis Services Program Manager Holly Harris presented this item for discussion. County Administrator Anderson presented the discussion based on the recent budgetary discussions. The focus of this discussion will be the benefits of this proposed project. Dr. Conway noted there are new statistics. A budget has been trimmed down reflecting reduced hours (open to 10:00 a.m. to 7:00 p.m.). A new business plan has been modified to reflect Minutes of Board of Commissioners' Work Session March 21, 2018 Page 2 of 10 the reduced staffing needs. The hours of 10:00 a.m. to 7:00 p.m. were decided based on the peak utilization of emergency services. Holly Harris spoke on data collected over the past few years. Ten people per day get discharged from a hospital that would have benefited from a Crisis Stabilization Center. Dr. Conway noted this model of service covers clients that have historically been held on a police officer hold. Sheriff Nelson noted the law enforcement numbers of people taken to St. Charles reflect the need for the center. Sheriff Nelson reported the Sheriff's Office had over 700 bookings in the jail last year that involved low level crimes and half would have been clientele to divert to this center. This system would also provide a much more suitable experience for these clients. The design is more welcoming and allowing for the feeling they will be cared for. Sheriff Nelson commented on jail diversion that would be a savings to the Sheriff's Office. Commissioner Baney inquired if this is sustainable on its own. Dr. Conway noted there would be no additional hiring. The holdover funding from WEBCO would be utilized. Three options are being considered for the location of the center. Commissioner DeBone inquired on the savings and community service. Dr. Conway noted that overall system savings will be realized as people in crisis are diverted from jails and hospitals to this facility where staff can work to stabilize the person. The idea is to combine all needs and reduce the census in jails and help clients go back to develop a normal life. Commissioner DeBone commented on family units and our relationships within our community. Community Baney also pointed out the non -profits that are engaged as well. Facilities Manager Lee Randall has been looking at longer term needs of the departments as well as a home for the crisis center. One of the likely results is the possibility to use the program building at the corner of Pole Sholes near Parole & Probation. This would reduce the capital costs of the crisis center. Question raised on the logistics of the department structure for the facility. The Sheriffs Office and Health Department are in partnership and the labor is divided with shared staffing and the key operating entity is the Health Department. If the Sober Station is built the key operating entity is the Sheriff's Office. Sheriff Nelson asked to be excused from the discussion for another appointment. Commissioner Henderson inquired on the clients that would be in either the crisis center or sober station and which facility would certain criteria be diverted to each. Dr. Conway noted the description of the behavior or condition of the clients and the service required. Commissioner Henderson inquired if we are not looking at the sober station where do those clients go. Sheriff Nelson noted that placement is Minutes of Board of Commissioners' Work Session March 21, 2018 Page 3 of 10 currently based on whether a crime has been committed or not. Commissioner Henderson inquired on other counties and police officer holds and why different counties have different facilities. Dr. Conway also pointed out that admission into the Crisis Stabilization Center is voluntary and requires consent. County Administrator Anderson noted the upcoming Joint Meeting with the City of Bend. One item on the draft agenda is the Crisis Stabilization Center and asked the Board if it should be on the final agenda. The City of Bend has not committed to funding as of yet. The other item of discussion is Marijuana Enforcement. The Marijuana Regulations Assessment will be scheduled for discussion on the Work Session agenda of April 2. Commissioner Baney spoke on the WEBCO funds she feels responsibility to check in with the partnering counties and let them know about the possible use of an existing building for the center. $500,000 was designated by WEBCO for the facility structure itself. Dr. Conway spoke on the plans for the building that could also provide space for future expansion. Commissioner DeBone inquired if offices would be moved from the Courtney building. Approximately one dozen staff would be relocated. Commissioner Henderson asked for clarification on the population numbers provided as statistics calculating services. Ms. Harris explained they are seeing about 700 or 800 people in the community. The estimated 2,100 per year numbers for phone contact is any contact of working with community partners. Commissioner Henderson wonders if most people that end up in the jail are severe and a threat to society and inquired if they would end up in the crisis center. Population numbers in the various counties were reviewed including customers receiving on-going crisis stabilization, unenrolled individuals, and hospital holds. Commissioner Baney appreciated the data collected and likes the idea that if it doesn't work we wouldn't be so committed that we couldn't course correct. She spoke on the partnerships in the community that have expressed the want for this type of facility. There should be more information regarding the proposed building this week. The next steps include the discussion with the City of Bend and a broader budget discussion. Commissioner Henderson would like further review of populations serviced. Discussion held on the building space. Dr. Conway noted the footprint of the proposed building is very close to that of the original design. Minutes of Board of Commissioners' Work Session March 21, 2018 Page 4 of 10 Commissioner DeBone likes the idea of adding the capacity as we are a growing county with growing needs. He sees the hours of 10:00 a.m. - 7:00 p.m. as being able to use existing staff and feels comfortable making steps toward this. Commissioner Henderson inquired on the other counties providing similar services and why they are not 24 hour. Ms. Harris commented on her conversations with the other counties. Dr. Conway noted the only other full combined facility is the one in Kansas City, Missouri. Dr. Conway noted the three inpatient facilities in Oregon are in the valley. Due to logistics, Deschutes County needs more flexible facilities rather than holding them and trying to find beds in the valley. Commissioners Baney and DeBone are supportive of building the service for our community. RECESS: At the time of 3:25 p.m., the Board took a short recess and reconvened at 3:34 p.m. 4. Potential Marijuana Production Appeal, 7463 SW Canal Blvd, Redmond Associate Planner Nicole Mardell presented the potential appeal for the subject property. Two letters of opposition were received. The application is for a proposed maximum mature plan canopy size of 5,000 square feet within an existing barn and two new greenhouses. The Board supports hearing the appeal. HENDERSON: Move approval of Order No. 2018-018 BAN EY: Second VOTE: HENDERSON: Yes BAN EY: Yes DEBONE: Chair votes yes. Motion Carried 5. Potential Marijuana Production Appeal, 64830 Half Mile Lane, Bend Ms. Mardell presented this potential appeal for the subject property. Thirteen letters of opposition were received. The proposal consists a maximum mature plant Minutes of Board of Commissioners' Work Session March 21, 2018 Page 5 of 10 canopy size of 5,000 square feet within two phases of construction. She also received comments from parents of students in a school in close proximity. The Board supported hearing the appeal. BAN EY: Move approval of Order No. 2018-017 HENDERSON: Second VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried • Hearing Procedures: Commissioner DeBone asked Planning Manager Peter Gutowsky about creating new hearing procedures to include time lines. In the notice of the hearing, there will be a schedule format included. Staff will manage the time -keeper. Discussion held on managing time and possibly having more than one hearing per meeting. OTHER ITEMS: • Commissioner DeBone presented a letter to consider to congratulate John Ogden for the Ham radio operator award for 2017. BAN EY: Move approval HENDERSON: Second VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried • County Administrator Anderson inquired on the letters presented last week regarding appointments for the Upper Deschutes Watershed Council. He will contact Ryan Houston to present an update on the Council to the Board. Minutes of Board of Commissioners' Work Session March 21, 2018 Page 6 of 10 County Administrator Anderson stated Community Development Director Nick Lelack had received a request from the Planning Commission to have communications with the Board on water issues by either having one on one meetings or come to a work session. Preference expressed to meet with the Planning Commission in a joint meeting. Temporary Tower from ODOT: Oregon Department of Transportation has sent an intergovernmental agreement for the mobile communications tower and trailer for the temporary site. ODOT is giving this to us and we will insure it. HENDERSON: Move approval BANEY: Second VOTE: HENDERSON: Yes BAN EY: Yes DEBONE: Chair votes yes. Motion Carried There was confusion quoted in the Bulletin this morning stating the panels were installed backwards and that is not correct. A site visit is planned for Friday with Adcom Engineering to review the site tower location. Discussion held on the permitting for the site. A timeline on the needs for the temporary tower and permanent siting will be drafted. Property Manager James Lewis may be asked to help with property management of the site. Commissioner Anderson noted the FCC permitting which is in process. Discussions are being held with the Fire Chief and Police Chief for preparations of public communications. EXECUTIVE SESSION At the time of 4:07 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 4:26 p.m. to make motion. BAN EY: Move approval to direct the Property Manager in the manner as discussed regarding the parcels in Redmond. HENDERSON: Second Minutes of Board of Commissioners' Work Session March 21, 2018 Page 7 of 10 VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried At the time of 4:27 p.m., the Board went back into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 4:36 p.m. OTHER ITEMS: • Redmond Homeless Camps: James Lewis, Property Manager gave an update after closing the access to the property. Law Enforcement reports there are fires out there and camps being burned. Lewis suspects that a number of the folks remaining on the property may include some of the criminal element that is generating crime in Redmond. There are approximately 20 camps. County Administrator Anderson explained that the Redmond City Manager received direction from the Redmond Police Department and Redmond City Council to encourage the County to take further action. Commissioner Baney requested a communication from the City formally asking for the County to step in. Mr. Lewis will send a notice to the city of Redmond asking for a response from the Council. Mr. Lewis spoke with County Forester Ed Keith regarding the possibility of thinning trees on the property for fuel reduction and the possibility of clearing juniper to open the space. Once we evict the campers and they are removed the Sheriff has the authority to post and remove and any items left over to be discarded unless it is personal property. It will cost the County thousands of dollars to cleanup the site. Commissioner Baney would like a communication from the City and data regarding the numbers of calls to the Police Department regarding the criminal activity. Mr. Lewis will come back to the Board with the City of Redmond communication, contact the Sheriff for data on criminal activity, and a list of agencies that help the homeless. Commissioner DeBone supports the idea of removing trees to open it up more. Mr. Lewis will look into a wood cutting permit. Minutes of Board of Commissioners' Work Session March 21, 2018 Page 8 of 10 • Association of Oregon Counties: County Administrator Anderson brought forward the invoice for AOC membership dues. The Board discussed history of funding and the AOC membership dues. The increase from last year was 6.5%. Last year we paid the full amount of the invoice. Commissioner Henderson sees value for the County for our participation. The Board supports payment for the full invoice. • Central Oregon Intergovernmental Council: County Administrator Anderson brought forward the invoice for COIC membership dues. Last year's amount was $13,000 and this year's proposed amount is $19,000. Commissioner DeBone reported on COIC's projects based on the food hub research, biomass project, transit, or other projects. Mr. Anderson noted the bi-monthly meetings that are held and benefits of their research. Commissioner Henderson asked to postpone the discussion as he would typically not agree for a 35% increase. • Legal Department Remodel: County Counsel Doyle requested Board direction on how/where to proceed with a legal department remodel/relocate. Doyle expressed concern that the pending remodel plans are insufficient. Doyle again stated his preference to relocate to the Mike Maier building. The Commissioners were not in favor of relocating Legal to the Mike Maier building. Commissioner Henderson favors a nice legal office design and is not supportive of the proposed temporary walls. Commissioner DeBone asked for a second floor design plan. Commissioner Baney feels space could be used differently and maybe the whole design of the floor should be reconfigured and suggested also reviewing a design option without temporary wails and plan for future expansion. Commissioner Henderson asked for a floor plan and code requirements. County Administrator Anderson pointed out that long-term the County could utilize the ground floor when the lease with the State expires. Commissioner Henderson would like to be involved in the design planning. Counsel Doyle will convene a subcommittee to include Facilities Manager Lee Randall, Erik Kropp and Commissioner Henderson. Minutes of Board of Commissioners' Work Session March 21, 2018 Page 9 of 10 COMMISSIONERS UPDATES Commissioner Henderson reported on communications from Rep. Walden's office that apparently we are getting two years more of SRS money. Commissioner DeBone spoke on the negative effect of SRS which seems anti -forest management. Commissioner Henderson went to Mega Fires event at the Tower last night and hopes for more conversations on forest management. Commissioner DeBone attended the groundbreaking for the housing developments in La Pine and Sisters and was real positive. There are project managers at both sites. � Being no further items to come before the Board, the meeting was adjourned at 5:19 p.m. DATED this _ Day of aqJ2018 for the Deschutes County Board of Commissioners. Minutes of Board of Commissioners' Work Session Page 10 of 10 March 21, 2018 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, WEDNESDAY, MARCH 21, 2018 Allen Conference Room - Deschutes Services Building, 2ND Floor — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. CALL TO ORDER ACTION ITEMS 1. COCC Facilities Master Plan - Matt McCoy, VP Administration 2. Federal Lands Access Program 2018 Call for Projects - Buckhorn Rd: NW Lower Bridge Way to OR 126 Project and Chip Seal of Cascade Lakes Highway: Mt. Bachelor to Elk Lake Project - Cody Smith, County Engineer 3. Consideration of Board Approval --Deschutes County Stabilization Center - George Conway, Health Services Director 4. Potential Marijuana Production Appeal, 7463 SW Canal Blvd, Redmond - Nicole Mardell, Associate Planner 5. Potential Marijuana Production Appeal, 64830 Half Mile Lane, Bend - Nicole Mardell, Associate Planner COMMISSIONER'S UPDATES EXECUTIVE SESSION Board of Commissioners Work Session Agenda Wednesday, March 21, 2018 Page 1 of 2 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. 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 MEET INGS: 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.) 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E M Q) > 0 LC -L E =3 u cn 4E Ca Q LU • • 0 • P cua--� E U E X31 0 `*— C N c N E E 0 U O LIO Ca Q LU • • 0 • 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 March 21, 2018 DATE: March 16, 2018 FROM: George Conway, Health Services, TITLE OF AGENDA ITEM: Consideration of Board Approval --Deschutes County Stabilization Center RECOMMENDATION & ACTION REQUESTED: Staff recommend the Board of County Commissioners approve capital fund expenditure for and construction of the Deschutes County Stabilization Center ATTENDANCE: Health Services staff: George A. Conway, MD, MPH, Director; Holly Harris, Crisis Services Program Manager; David Inbody, Deputy Director, Administrative Services SUMMARY: Background: Nearly half of all individuals arrested for low-level crimes in Deschutes County between 2015 and 2016 sought mental health services either in the jail or following their release. In hospital emergency rooms in Central Oregon, one in three patients receives or has previously received behavioral health services. In both cases, these individuals are often repeat visitors to the jail or the emergency room. A collaboration between the Deschutes County Health Services Department and the Sheriff's Office seeks to address the burden on the jail and emergency rooms while providing needed behavioral health services to individuals with mental health conditions. With the establishment of the Deschutes County Stabilization Center (DCSC), which will include crisis stabilization initially with the extension of hours to 24/7/365 and addition of a sobering station when funding permits, individuals apprehended by law enforcement can be delivered to the center instead of being incarcerated or taken to the emergency room. Once clients arrive at the DCSC, they will receive direct services from behavioral health professionals. Utilizing current staff from the Crisis Team in Health Services and supported by additional mental health staff from the Sheriff's Office, the DCSC is poised to open from 10:00 a.m. to 7:00 p.m. as soon as a facility can be constructed or remodeled to accommodate it. While DCHS currently provides crisis services through its Crisis Team, Mobile Crisis Assessment Team (MCAT), and Forensic Diversion Program, moving these operations to a focal location on the County's Public Safety Campus would provide immediate advantages: This new facility will provide a defined place for law enforcement to bring and emergency rooms to refer troubled individuals, freeing them to deal with more acute problems and assuring more appropriate management of the individual's needs. The DCSC would provide a major asset which we do not currently have: short-term respite (during its operating hours), allowing individuals to defervesce (calm down) for a few hours after their initial interaction with law enforcement and/or crisis personnel. This will allow time for them to reflect and a calmer milieu where our behavioral professionals can more thoroughly assess their state of mind and arrange for referrals and, often, a "warm handoff" for follow-up with our own extensive menu of behavioral health services or to other agencies as appropriate. In order to fully address the needs in our community, the DCSC needs to be available 24 hours a day, seven days a week. To achieve this level of service, DCHS is working to establish a financial partnership with other impacted organizations in the community. We have provided detailed briefings on this new facility to the leadership of the Bend and Redmond Police Departments, St. Charles Hospital System, and the Central Oregon Health Council, and plan to brief the Central Oregon Coordinated Care Organization, PacificSource, in the near future. While we have asked each organization to assist us with operating funds, obtaining firm commitments from community partners will be much easier once the facility is open, or at least under construction. Per the tables below, we have identified sufficient capital funds to begin construction on a single -story facility, and sufficient staffing to operate it from 10:00 a.m. to 7:00 p.m. Monday through Friday. We hereby request permission to begin construction on the Law Enforcement Campus as soon as possible, or, preferably, remodeling of the Programs Building, which would be much faster and preserve substantial funds which could be applied to better equip and staff the new facility. Crisis Stabilization Center Only Financial Projections (10:00 a.m. to 7:00 p.m.) Estimated Capital Expenses Five -Year Operational Budget Estimate Total Health Services Sheriff's Office Needed Building Construction (facility only) $1,512,500 $942,500 $560,000 $0 Furniture & Security Equipment $268,300 $268,300 $0 $0 Other Capital Expenses $300,000 $310,000 $0 $0 TOTAL ESTIMATED CAPITAL EXPENSE $2,080,800 $1,520,800 $560,000 $0 Five -Year Operational Budget Estimate Five -Year Operational Funding by Source FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Personnel Services $2,275,475 $2,377,871 $2,484,876 $2,596,695 $2,713,546 Contracted Security $0 $0 $0 $0 $0 Materials & Services $717,517 $749,805 $783,547 $818,807 $855,653 Facility Operational Expenses $25,000 $26,125 $27,301 $28,530 $29,814 TOTAL $3,017,992 $3,153,802 $3,295,723 $3,444,032 $3,599,013 Five -Year Operational Funding by Source FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Health Services $2,454,272 $2,564,715 $2,680,127 $2,800,734 $2,926,767 Sheriff's Office $563,720 $589,087 $615,596 $643,298 $672,246 Community Partner Match $0 $0 $0 $0 $0 TOTAL $3,017,992 $3,153,802 $3,295,723 $3,444,032 $3,599,013 Deschutes County Stabilization Center I Board of County Commissioners 3/21/2018 The Deschutes County Stabilization Center (DCSC) is a collaborative effort between Deschutes County Health Services (DCHS) and the Deschutes County Sheriff's Office (DCSO). It will initially comprise a Crisis Stabilization Center (DCHS lead) open for key client workload daylight hours (10:00 a.m. to 7:00 p.m. Monday through Friday). Once additional partner contributions are secured, the DCSC hours will extend to 24/7/365; once further contributions cover the requisite medical staffing, the DCSC will also incorporate a Sobering Center (DCSO lead). �• rpt i It • Site Visits—Project Team Reps have paid visits to several other sites including locations in Oregon, San Francisco and Kansas City in an effort to collect ideas and best practices. • Permits & Site Selection—We have identified a potential site and are taking steps to secure the site for our facility. These steps include but are not limited to permit requests. • Floor Plan—In partnership with Facilities, we have developed a floor plan which may be further modified once a site selection is finalized. • Staffing—A staffing model has been outlined and FTE needs determined. • Business Plan—A business plan has been developed to be used in our efforts to educate partners and explore potential funding options. Capital requirements have recently been met. � DCSC Capital Expenses Total Health Services Sheriff's Office Needed Building Construction (facility only) $1,512,500 $942,500 $570,000 $0 Furniture and Security Equipment $268,300 $268,300 $0 $0 Other Capital Expenses $300,000 $300,000 $0 $0 TOTAL ESTIMATED CAPITAL EXPENSE $2,080,800 $1,510,800 $570,000 $0 Deschutes County Stabilization Center (DCSC) Revised 03.16.18 DGI & GAC Executive Summary Nearly half of all individuals arrested for low-level crimes in Deschutes County between 2015 and 2016 sought jail mental health services either in the jail or following their release. In hospital emergency rooms in Central Oregon, one in three patients receives or has previously received behavioral health services. In both cases, these individuals are often repeat visitors to the jail or the emergency room. Collaboration between the Deschutes County Health Services Department (DCHS) and the Sheriff's Office (DCSO) seeks to address the burden on the jail and emergency rooms while providing needed behavioral health services to individuals with mental health conditions. With the establishment of the Deschutes County Stabilization Center (DCSC), which includes crisis stabilization and a sobering station, individuals apprehended by law enforcement can be delivered to the center instead of being incarcerated or taken to the emergency room. Once individuals arrive at the DCSC, they can receive direct services from behavioral health professionals. The DCSC will initially comprise a Crisis Stabilization Center (DCHS lead) open for key client workload daylight hours (10:00 a.m. to 7:00 p.m., Monday to Friday). In order to fully address the needs in our community, the DCSC needs to be available 24 hours a day, seven days a week. To achieve this level of service, it is necessary to establish a financial partnership with other impacted members of the community. Once additional partner contributions are secured, the DCSC hours will extend to 24/7/365; once further contributions cover the requisite medical staffing, the DCSC will also incorporate a Sobering Center (DCSO lead). Background & Objective A significant number of individuals detained by law enforcement have mental health conditions. According to the Office of Research and Public Affairs, in 2015, 20% of inmates in U.S. jails and prisons were estimated to have a mental health condition. Of those inmates, an estimated 90,000 were defendants who had been arrested and jailed but had not come to trial because they were unable to ------------- understand the charges on which they were detained.' Law enforcement in Deschutes County has indicated approximately 44% of those arrested for low-level crimes sought jail mental health services in 2015. As part of the Deschutes County Adult Jail expansion in September 2014, new space was added in an effort to address the needs of inmates with serious mental health issues. Many of these inmates were frequent offenders often arrested due to behavioral issues resulting from their mental health condition. The Sheriff's Office has faced a growing number of inmates with mental health conditions resulting in unnecessary hospitalizations in the absence of other viable alternatives. Managing the time law enforcement is dedicating to this population in the community is an ongoing challenge. Hospital emergency rooms also find that a significant number of their patients have mental health conditions or substance abuse issues. The American College of Emergency Physicians (ACEP) reports that emergency department boarding of individuals with mental health conditions is virtually universal in the United States. Half of all emergency department doctors surveyed by ACEP indicated at least one psychiatric patient is boarded in their emergency rooms every clay? A study by the Central Oregon Health Council found approximately one in three emergency department patients in Central Oregon were currently engaged in, or had past involvement with, either private or public behavioral health services. The study also indicated an additional 50% of patients could probably benefit from behavioral interventions including substance abuse treatment, pain management and/or traditional behavioral health services.' In 2015, the Sheriff's Office and the Health Services Department began discussions to develop a comprehensive solution to address these issues. The passage of HB 2175 and 2176 allowed additional registered sobering stations across Oregon as well as providing for indemnification, permitting consideration of this resource for Deschutes County. Crisis receiving centers are one approach showing promising results nationally. These centers treat the immediate issue for the individual, but also seek to take a broader, long-term approach to addressing the issues underlying the behavior. Over the ensuing several months, representatives from the Sheriff's Office and the Health Services Department toured facilities in the northwest region designed with this broader, long-term approach in mind. At the conclusion of the tours, a meeting with community partners was convened to develop a plan to proceed in addressing these challenges in Central Oregon. z Through this process, the Deschutes County Stabilization Center concept was created. This concept calls for diverting individuals with serious mental health conditions and substance use disorders from jail and the emergency room. These individuals will be delivered to a facility designed to provide mental health services and substance abuse services. Located in close proximity to the County Jail and operated by behavioral health professionals, this center is intended to curtail jail recidivism and frequent emergency room visits from those with serious mental health conditions. In the past, these issues have been handled in a very fragmented way, often only mitigating the immediate disruption without seeking to work with the individual to reduce this behavior in the future. Services The DCSC will provide a number of services currently available through the Health Services Crisis Team, including walk-in services and critical care coordination for hospitalized individuals or those needing pre - commitment services. Additionally, the Mobile Crisis Assessment Team (MCAT) delivers rapid response (24 hours a day, seven days a week) to adults and children experiencing mental health crises who are at risk for hospitalization, and this expanded team will continue to be available to the community. Working closely with law enforcement and participating in the Crisis Intervention Training (CIT) program, this team enhances the ability of officers to respond to mentally ill individuals experiencing difficulties in the community. It will initially comprise a Crisis Stabilization Center (DCHS lead) open for peak client volume hours, weekdays. Once additional partner contributions are secured, the DCSC hours will extend to 24/7/365; once further contributions cover the requisite medical staffing, the DCSC will also incorporate a Sobering Center (DCSO lead). (Please see staffing model schematics below and Table 1, Budget.) The ability for the DCSC to divert or accept at least some clients who would otherwise be brought in on a Police Officer Hold (POH) is currently being explored. Due to the statutory requirement that a POH be evaluated by a Licensed Practitioner (i.e., physician or nurse practitioner), Health Services and Sheriff's Office are looking at three possible ways to achieve this ability: (1) Increased training and involvement with officers out in the community which would facilitate the diversion of many clients that might have previously been placed on a POH; (2) Deschutes County would provide staffing to directly assist in evaluating individuals brought in on a POH; and/or (3) seek legislative changes to statute that allow a 3 Qualified Mental Health Professional to evaluate a POH. Proof of concept will be feasible only after standing up this new facility. While increased training and legislative changes would not add considerable costs, there would be additional costs associated with option 2. Sobering Station: The need for a safe facility, staffed by skilled professionals, which focuses on sobering and referrals to resources in lieu of incarceration is evidenced by the significant number of individuals presenting with substance use booked into the jail. Many mental health, medical and corrections resources are utilized every day on people who require monitoring of their acute intoxication. With the passage of HB 2175 and 2176, which allowed for the removal of the limits on the number of registered sobering stations across the State as well as providing for indemnification, the opportunity arose to pursue this resource for Deschutes County. Due to the nature of monitoring that a sobering station requires, the development of this service will only be possible once the facility is operational 24/7. The primary focus of these services is to provide a safe, non -threatening environment for individuals to regain sobriety and access resources they might not otherwise seek, ultimately diverting those individuals, when appropriate, from the criminal justice system. Forensic Diversion Program: In 2016, the Oregon Health Authority provided grant funding in support of a new Forensic Diversion Program with a goal of reducing recidivism by 20% in seven years. This program focuses on reducing recidivism and preventing those with serious and persistent mental illness from entering the state hospital. This is achieved through the connection of the court, mental health and criminal justice systems working with existing resources and addressing gaps in services. Although most clients are eventually connected with a primary provider, the Forensic Diversion Program continues to monitor the individual's progress for at least a year. Funding for up to seven years has been provided to this program with 18 months of guaranteed funding. �., 4� ^,gin— Deschutes County Stabilization Center (DCSC) The DCSC, managed jointly by the Health Services Department and the Sheriffs Office, will provide one location where individuals experiencing a mental health crisis can be evaluated and meet with a clinician. By efficiently connecting with local resources, individuals will be diverted from unnecessary higher levels of care, supporting community members in crisis and saving money and costly resources for those who truly need them. The DCSC will provide a place for law enforcement to drop off individuals who are experiencing a mental health crisis. Individuals experiencing a mental health crisis may also receive services for drug or alcohol abuse, if necessary. The DCSC will include a sobering station for individuals who are intoxicated. Referral to detox services will be offered at time of discharge. The MCAT team receives nearly 750 referrals from law enforcement per year. Currently, law enforcement waits for MCAT to arrive and remains on site while the initial assessment is conducted. The DCSC will enable law enforcement to drop off the individual and return to patrol while the crisis team conducts the assessment, saving time and keeping law enforcement in the community. Non-aggressive, non-violent, compliant individuals who engage at the DCSC may be eligible for 23 -hour respite services, peer support, case management, medication management and engagement with mental health services. Although the Crisis team and jail mental health staff coordinate with community partners, the creation of the DCSC would enhance this capacity by providing one location to coordinate services. Staff could assist with access to services, referrals and discharge planning. Resources Staffing: The Crisis Team currently consists of 13 members, including a program manager and one supervisor, and the Sheriff's Office has two full-time and one part-time clinical employees. These employees will work together at the DCSC as one team. Additionally, due to the close proximity to the jail, nursing staff from the jail will be available. This current staffing will enable the facility to operate from 10:00 a.m. to 7:00 p.m. Monday through Friday with existing funding. The MCAT will continue to respond to calls 24 hours a day, seven days a week. For the DCSC to operate 24 hours a day, seven days 5, a week, nine additional staff members will be necessary: two behavioral health clinicians; four behavioral health technicians; two nurse practitioners; and a psychiatrist. Facilities: The Sheriff's Office will make space available on the law enforcement campus for the construction of a permanent facility for the DCSC. Health Services and the Sheriff's Office have earmarked sufficient funds for the construction of a single -story, permanent facility. Financial Projections The following estimates assume a 4.5% annual increase in ongoing expenses for Health Services and the Sheriff's Office, as well as the continued funding for the Forensic Diversion Program. Crisis Stabilization Center & Sobering Station Financial Projections (24/7) Estimated Capital Expenses Five -Year Operational Budget Estimate Total Health Services Sheriff's Office Needed Building Construction (facility only) $1,512,500 $942,500 $560,000 $0 Furniture & Security Equipment $268,300 $268,300 $0 $0 Other Capital Expenses $300,000 $310,000 $0 $0 TOTAL ESTIMATED CAPITAL EXPENSE $2,080,800 $1,520,800 $560,000 $0 Five -Year Operational Budget Estimate Five -Year Operational Funding by Source FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Personnel Services $3,592,164 $3,753,811 $3,922,733 $4,099,256 $4,283,723 Contracted Security $261,250 $273,006 $285,292 $298,130 $311,546 Materials & Services $1,014,820 $1,060,487 $1,108,209 $1,158,079 $1,210,193 Facility Operational Expenses $25,000 $26,125 $27,301 $28,530 $29,814 TOTAL $4,893,234 $5,113,429 $5,343,535 $5,583,995 $5,835,275 Five -Year Operational Funding by Source FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Health Services $2,462,290 $2,573,093 $2,688,882 $2,809,882 $2,936,327 Sheriff's Office $1,081,438 $1,130,102 $1,180,956 $1,234,099 $1,289,633 Community Partner Match $1,349,506 $1,410,234 $1,473,697 $1,540,014 $1,609,315 TOTAL $4,893,234 $5,113,429 $5,343,535 $5,583,995 $5,835,275 Crisis Stabilization Center Only Financial Projections (7:00 a.m. to 7:00 p.m.) Estimated Capital Expenses Five -Year Operational Budget Estimate Total Health Services Sheriff's Office Needed Building Construction (facility only) $1,512,500 $942,500 $560,000 $0 Furniture & Security Equipment $268,300 $268,300 $0 $0 Other Capital Expenses $300,000 $310,000 $0 $0 TOTAL ESTIMATED CAPITAL EXPENSE $2,080,800 $1,520,800 $560,000 $0 Five -Year Operational Budget Estimate Five -Year Operational Funding by Source FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Personnel Services $2,628,525 $2,746,808 $2,870,415 $2,999,584 $3,134,565 Contracted Security $261,250 $273,006 $285,292 $298,130 $311,546 Materials & Services $717,517 $749,805 $783,547 $818,807 $855,653 Facility Operational Expenses $25,000 $26,125 $27,301 $28,530 $29,814 TOTAL $3,632,292 $3,795,744 $3,966,555 $4,145,050 $4,331,578 Five -Year Operational Funding by Source FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Health Services $2,462,290 $2,573,093 $2,688,882 $2,809,882 $2,936,327 Sheriff's Office $563,720 $589,087 $615,596 $643,298 $672,246 Community Partner Match $606,282 $633,564 $662,076 $691,871 $723,005 TOTAL $3,632,292 $3,795,744 $3,966,555 $4,145,050 $4,331,578 Crisis Stabilization Center Only Financial Projections (10:00 a.m. to 7:00 p.m.) Estimated Capital Expenses Five -Year Operational Budget Estimate Total Health Services Sheriff's Office Needed Building Construction (facility only) $1,512,500 $942,500 $560,000 $0 Furniture & Security Equipment $268,300 $268,300 $0 $0 Other Capital Expenses $300,000 $310,000 $0 $0 TOTAL ESTIMATED CAPITAL EXPENSE $2,080,800 $1,520,800 $560,000 $0 Five -Year Operational Budget Estimate Five -Year Operational Funding by Source FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Personnel Services $2,275,475 $2,377,871 $2,484,876 $2,596,695 $2,713,546 Contracted Security $0 $0 $0 $0 $0 Materials & Services $717,517 $749,805 $783,547 $818,807 $855,653 Facility Operational Expenses $25,000 $26,125 $27,301 $28,530 $29,814 TOTAL $3,017,992 $3,153,802 $3,295,723 $3,444,032 $3,599,013 Five -Year Operational Funding by Source FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Health Services $2,454,272 $2,564,715 $2,680,127 $2,800,734 $2,926,767 Sheriff's Office $563,720 $589,087 $615,596 $643,298 $672,246 Community Partner Match $0 $0 $0 $0 $0 TOTAL $3,017,992 $3,153,802 $3,295,723 $3,444,032 $3,599,013 Staffing Model (Stabilization Center Only 10:00 a.m. to 7:00 p.m.) 9 Staffing Model (Stabilization Center and Sober Station 24/7) Program Manager Service Data MCAT Data 2014 2015 2016 Phone Interventions 1,541 2,212 2,641 Face -to -Face Interventions 856 867 664 Jail 134 101 38 St. Charles Medical System Bend Redmond 411 261 150 374 175 199 263 145 118 Community 64 128 155 Sage View 152 164 119 Prineville 51 2 0 Clinic 62 68 60 Other 23 31 26 Law Enforcement Referrals Bend PD Redmond PD Sheriff's Office 369 305 33 31 608 375 86 147 731 534 88 109 Other Crisis Services 2015 2016 Crisis Contacts 3,848 4,154 Crisis Walk -Ins (face-to-face), avg 60 min 594 743 Crisis Calls, avg 25 min 175 209 ProtoCall (third party crisis calls, ), avg 10 min 2,850 3,675 Data was collected from similar projects from around the state and is included below: Clackamas County — Riverstone Center Open 9:00 a. m. to 8:00 p.m. 7 days a week They are voluntary only — no Police Officer Holds (POH) No data on reduction of the number of POH's — not tracking this currently 2012 2014 2016 =2012 2014 2016 400 200 CUSTOMERS ECEIVI ON-GOING 0RISI5 STABILIZATION HOSPITAL HOLDS 994 2012 2014 2016, Washington County — Hawthorn Center (Opened in May) • Open 9:00 a.m. to 8:30 p.m. 7 days a week • Voluntary only -Do not take POH's • POH's - Have not seen a reduction yet but are anticipating it will go down. • They have seen a 15-20% reduction in involuntary holds that the hospital since opening Lane County — Hourglass • Open 24/7 • Voluntary only- No POHs. • Diversion From emergency department: o 2016: 336 o 2017 YTD: 255 • Diversion from jail: TOTAL NEW CUSTOMERS 2000 1498 1500 1000 1084 520 500 20112 2014 2016 A; Series 1 520 1084 1498 2012 2014 2016 =2012 2014 2016 400 200 CUSTOMERS ECEIVI ON-GOING 0RISI5 STABILIZATION HOSPITAL HOLDS 994 2012 2014 2016, Washington County — Hawthorn Center (Opened in May) • Open 9:00 a.m. to 8:30 p.m. 7 days a week • Voluntary only -Do not take POH's • POH's - Have not seen a reduction yet but are anticipating it will go down. • They have seen a 15-20% reduction in involuntary holds that the hospital since opening Lane County — Hourglass • Open 24/7 • Voluntary only- No POHs. • Diversion From emergency department: o 2016: 336 o 2017 YTD: 255 • Diversion from jail: O 2016: 55 o 2017 YTD: 21 • Same or next day appointments scheduled: o 2016:271 O 2017 YTD: 177 ARC — Sobering Center in Jackson County: • ARC sobering unit provided more than 1600 episodes to nearly 1200 individuals. • 74% of all episodes were for primary substance alcohol. • 73% of all episodes were male, 26% female, and 1% other. • 15% of all episodes were veterans. • 23% of all episodes were in mental health crisis. • 35% of all episodes were homeless. • 45% of all episodes were 'readmits,' meaning they had been admitted previously. • 25% of all episodes were referred from the emergency room. • 62% of all episodes were referred from local law enforcement agencies. • 13% of all episodes were self-referred (or walk-in). 1 Mass incarceration: The whole pie, Wagner, P & Rabuy, B [2015] www.prisonpolicy.org 2American College of Emergency Physicians. (2016). Physician poll on psychiatric emergencies. 3 Emergency Department Diversion, a collaborative community health integration project with outcomes that demonstrate the Triple Aim. Final Project Report: June 2010 -June 2011 (1/3) A�^ _ � ~ � | \ . | . | | | | . , | [ T`<Oiz�z '-- ' JAR ' 71 | A�^ _ � ~ � � ~ � j H C Oo ri a � Z t 9 S � ,... W O osm< 10 � o Q - 2 � y i O /��__� I =c r � s j H C Oo ri � Z S � ,... W O osm< 10 � o Q - 2 � y a Q 5 I I I I I a UL O3 I AN. 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Engaged in treatment and attending school. Male - went 379 days without being re -arrested. He has been arrested once since his first contact with Forensic Diversion last November. Opioid data from Redmond PD From; Linda Payne(mailto:Linda.Payne@ci.redmond.or.us) Sent: Tuesday, November 28, 2017 1:52 PM To: Holly Harris <Hoily.Harris(radeschutes.org> Cc: Brian McNaughton <Brian McNaughton ci.redmond.or.us> Subject: FW: data re: intoxicated person I ran Opioid reports from June of this year through today and there were 30 arrests made. I show that our agency has only used the Narcan once and that was In October. Linda Payne Records Specialist I Redmond Police Department phone 541.504.3400 dispatch 541.693.6911 777 SW Deschutes Redmond, Oregon 97756 911 data From: Jennifer Faith <Jennifer,Faith@deschutes.org> Date: November 27, 2017 at 3:34:01 PM PST To: Holly Harris <Ho11y.Harris@deschutes.org> Ce: Thomas Kuhn <Thomas,Kuhn@deschutes.org> Subject: 9.1-1 Data HI Holly, Here is the 9-1-1 data for calls related to intoxication. As a reminder, right now we only have Q2 data (April, May, and June 2017). We have one call type category ("overdose") that is the best proxy for Intoxication calls. Other call types ("sick person," "unconscious," "motor vehicle accident," or "unknown medical," for example) might also include an intoxicated person, but we don't have any additional details in the database beyond the generic call type category. For the next round of data (Q3, which Tom has requested), we might be able to dig in to a bit more detail. If we receive Q3 data soon, I will send along any additional Information that might be helpful. Service Area Number of 911 calls for "Overdose" (Apr, May, Jun 2017) Average 911 calls/month for "overdose" Bend 68 22.7 Crooked River Ranch 1 0.3 La Pine 10 3.3 Redmond 22 7.3 Sisters 4 1.3 Sunriver 1 0.3 Pending f/u for St. Chas From: Holly Harris Sent: Thursday, November 16, 201712:59 PM To:'Molly Wells'<mwelis@stchariesheaithcare.org> Subject: data Hey Molly, I remember at the last meeting you, George, Lisa Rosen and a few others from your agency had regarding the Stabilization Center we discussed some data you had gathered. From my notes you reported that you guys had 2194 visits in 2016 for MH and SUD visits to ED. Of those, 610 had withdrawal, detox or violence in the ED. Can you verify these number are accurate? intoxicated booked AW Jail George et al., I'm playing around with the number of intoxicated bookings. Based on medical Intake forms, we have booked 1,371 individuals who were Intoxicated this year. Of this total, about 450 were intoxicated from alcohol. I am trying to cross-reference this against low level crimes but not certain I can do so. I am wondering If we can make an estimate based on this Information, but It would only be a guess, I will continue to work on it, but wanted to give you an update. Lisa Lisa Rosen, MSW LCSW CADC III Program Manager Deschutes County Sheriff's Office Cell; 541-410-5603 J Main Office; 541-388-66SS 63333 W. Highway 20 * Bend, OR 97703 Sheriff.deschutes.org Redmond intoxicated Hi George, Here is some preliminary data I received from Nancy at Bend PD. I've asked her to break it out by cite and release as that may give us an idea of possible sobering station clientele. Let me know if you would like her to break this down in any other fashion. Still haven't heard from St. Charles. Redmond reports they estimate between 5-15 per year at sobering. They are working on gathering data related to opioid use. Lisa is working on data from the Sheriff's office. Thank you. Holly Bend Intoxicated From: Nancy Watson (mailto:nwatson@bendore on.gov] Sent: Monday, November 27, 2017 8:59 AM To: Holly Harris <Holly.Harris@deschutes.org> Subject: RE: sobering station data Hi Holly, I hope you had a good holidayl Here are the number of "Intoxicated Subject" calls BPD received over the past few years. Unfortunately I cannot tell the circumstances of the person or why they were called in, nor who the subject is or how old without going through each call. ® This also does not include calls where people were intoxicated in other situations such as DLIII or disputes — only those where someone specifically stated that there is an intoxicated person who needs police attention. 2014: 692 2015: 729 2016: 705 2017 through 11/26/17: 653 What other data would be useful for you? I can look at times, days of the week, months, etc. I can't give you the full list because it is property of DC911, but you could put in a request with them. And regarding arrests — do you just want info regarding alcohol specific charges such as DUII or drinking on unlicensed premise? Do you only want those transported to the jail or also those cited and released? If you want demographic information on this I can speak with the records supervisor to get non - identifying information. -Nancy From: Holly Harris Sent: Wednesday, November 29, 201712:25 PM To: Wil Berry <WII.Berry@deschutes.org>; George Conway <George, Conway@ deschutes.org> Subject: FW: data FYI — looks like the POH's are 311 now for 2016. From: Brandl Shroyer (ma1ito:Brandi.Shroyer@dcda.uS1 Sent: Wednesday, November 29, 201711:49 AM To: Holly Harris <Holly.Harri deschutes.org> Subject: RE: data Holly, Our office keeps stats through a combination of police reports (from all Deschutes county agencies including Black Butte and Sunriver) and 2 doc holds. I would say they are pretty accurate, probably 90 percent. If there are coding issues in the computer or a few reports don't get sent to us that would throw the numbers off some. You should have records to confirm the number of commitment hearings. My records show in 2016 we had a 311 POH's, 247 2 doc holds, and 25 commit hearings. So total of 583 mental health cases. Probably 98% of those 2 doc holds started as POH's. So far in 2017 we are at a total of 485 mental health cases. 255 POH, 207 MH, and 23 commitment hearings. We don't keep stats at all on the dates or times. If a case is coded mental health or POH through dispatch it would be pretty easy to request records from them and be able to sort it. Some smart IT person may even be able to run a program for dates and times off that data base. Cory might be able to tell you if calls through dispatch get coded that way. Regarding reports for you to hand sort — pulling all those reports for any agency is going to be really time consuming. I say start with the dispatch idea and if that doesn't work we can talk about how to gather police reports — although, Nancy over at BPD might be able to run reports just coded as POH and pull date and time for you. You might want to ask Cory about that also. If BPD can do that, then I can ask DCSO about it. Let me know. Brandi E.K. Shroyer Deputy District Attorney Deschutes County District Attorney's Office 1164 NW Bond Street Bend, OR 97701 541-617-4764 ww w.deschu tcsda.ort; www. facebook.com/deschutcsDA Projection Stats for DCSC Data pulled from 2017 • MCAT contacts (both phone and face to face) — 2824 • Crisis Walk in/line contacts — 432 • Mental health Court — 67 individuals served *(seen each week) • Forensic Diversion — 41 individuals served *(often seen daily) • POH's — Bend and Redmond were all I could get= 311 total (we will assume 50% of those will come to DCSC) = 156 • Civil Commitment Investigations - 228 Total = 3748 Approximately 10 people per day 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 March 21, 2018 DATE: March 12, 2018 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: Potential Marijuana Production Appeal, 64830 Half Mile Lane, Bend ATTENDANCE: Nicole Mardell, Associate Planner SUMMARY: Before the Board of County Commissioners is a possible appeal of an Administrative Determination approving a marijuana production facility in the Exclusive Farm Use Zone. The Board will consider Order No. 2018-017 and decide if the Board will call up the matter for review if the decision is appealed. See the attached Findings & Decision for further background information. Date: March 13, 2018 Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 137 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschLites.org/cd STAFF MEMO To: Board of County Commissioners From: Nicole Mardell, Associate Planner Re: Administrative Decision (File Nos. 247 -17 -001002 -AD / 247 -17 -001003 -LR) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on March 21, 2018 at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File Nos. 247 -17 -001002 -AD / 247 -17 -001003 -LR) approving a marijuana production and lot of record verification application. I. Application On December 20, 2017, an application was filed for an Administrative Determination (AD) and Lot of Record Verification (LR) to establish a marijuana production facility at 64830 Half Mile Lane, Bend. The applicant requested approval to establish a marijuana production facility in the Exclusive Farm Use (EFU) zone. The proposal consists of a maximum mature plant canopy size of 5,000 square feet within two phases of construction. In the first phase, the applicant will use an existing detached garage for the marijuana production use. In phase two, the applicant will construct a new detached accessory structure for the marijuana production use. Once phase two is completed, the applicant will discontinue the production of marijuana in the phase one building. II. Decision On February 16, 2018, 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 March 12, 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 March 26, 2018. III. Appeal Although no appeal has been filed yet, staff considers an appeal is likely based on public comments. Quality Set -vices Performed zait/t Pride IV. 150 -day Issuance of a Final Local Decision The 150 -day period for issuance of a final local decision is July 16, 2018. 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 twelfth day following the mailing date of this decision falls on a Saturday, therefore, in accordance with DCC 22.08.070 an appeal must be filed no later than 5:00 PM on Monday, March 26, 2018. 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 -001002 -AD / 247 -17 -001003 -LR 2. Board Order to Initiate Review 3. Site Plan -2- f Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette avenue Bend, Oregon 97708-6005 trY> Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd FINDINGS & DECISION FILE NUMBER: 247 -17 -001002 -AD / 247 -17 -001003 -LR APPLICANT/ OWNER: Douglas Brady AGENT: Greg Blackmore, Blackmore Planning and Development Services PROPOSAL: The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the Exclusive Farm Use Zone. The applicant also requests a Lot of Record Verification for Tax Lot 900. STAFF CONTACT: Nicole Mardell, Associate Planner 1. APPLICABLE CRITERIA Title 18, Deschutes County Zoning Ordinance Chapter 18.04, Definitions Chapter 18.16, Exclusive Farm Use Zones Chapter 18.84, Landscape Management Combining Zone Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS A. LOCATION: The subject property has an assigned address of 64830 Half Mile Lane, Bend and is identified on the County Assessor's Map as 16-12-27D as Tax Lot 900. B. LOT OF RECORD: Deschutes County recognizes the subject property as a legal lot of record, pursuant to the findings in Section I II (A) below. C. ZONING: The property is zoned Exclusive Farm Use — Tumalo/Redmond/Bend, with a portion located within the Landscape Management Combining Zone associated with Highway 97. The property is designated Agriculture on the Deschutes County Comprehensive Plan. Quality Services Perfonned With Pride D. PROPOSAL: The applicant requests approval of an Administrative Determination to establish a marijuana production facility with a maximum mature plant canopy area of 5,000 square feet. The proposal consists of two phases: in the first phase the applicant will use an existing 1,139 -square -foot detached garage for the marijuana production use. The second phase includes the construction of an 8,400 -square -foot structure to use for marijuana production. After the new structure is completed, marijuana production in the garage will discontinue and will be converted back into a residential garage. E. SITE DESCRIPTION: The subject property is 10.0 acres in size and square in shape. The property has frontage on Half Mile Lane, a private road. The majority of the property is irrigated pasture with development concentrated to the southeast portion of the site and including a single-family dwelling and several accessory structures. The topography of the site is generally flat with trees and shrubbrush located throughout the site. F. PUBLIC AGENCY COMMENTS: The Planning Division mailed a Notice of Application and received comments from the following agencies: Deschutes County Building Division: Notice: 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. 2. Deschutes County Transportation Planner: I have reviewed the transmittal materials for 247-17-001002-AD/1003-LR for a marijuana production (growing) operation of 5,000 square feet of mature canopy in the Exclusive Farm Use (EFU) and Landscape Management (LM) zones at 64830 Half Mile Lane, aka 16-12-27D, Tax Lot 900. The proposal will initially establish the grow in an existing 1,138 -square -foot building until a new 9,600 - square -foot building is completed at which time that grow operation in the existing building will be discontinued. Deschutes County Code (DCC) at 18.116.330(B)(8) only requires proof of legal direct access to the property or access from a private easement for a grow of more than 5,000 square feet of mature canopy. The proposal is 5,000 square feet of mature canopy, so the access requirement does not apply. The traffic study requirements of DCC 18.116.310 are not applicable for this mar#uana production operation as the application is not going through site plan review and thus does not need to show compliance with DCC 18.124.080(J), which references the County's traffic study requirements described below. Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant ultimately proposes a 9,600 -square -foot building to produce 5,000 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 2 of 20 square feet of mature canopy. The County's SDC rate is based on the building's total square footage related to cannabis production and support and not the square footage of the mature canopy. The 9,600 square feet of greenhouses would produce 3.1 p.m. peak hour trips (9.6 x 0.32). The resulting SDC is $12,205 (3.1 x $3,937). The SDC is due prior to issuance of certificate of occupancy, if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. 3. The following agencies did not respond or had no comments: Deschutes County Assessor, Deschutes County Environmental Soils, Deschutes County Road Department, Oregon Parks & Recreation Department, Oregon Parks & Recreation Department Dist 4, Swalley Irrigation District, Pacific Power & Light, Bend Fire Department, Bureau of Land Management, Deputy State Fire Marshall, G. PUBLIC COMMENTS: The Planning Division mailed a written notice of these applications to property owners within 750 feet of the subject property on December 29, 2017. In addition, the applicant submitted a Land Use Sign Affidavit indicating a proposed land use action sign was posted on the property on January 3, 2018. Staff received thirteen letters of opposition to the application. The concerns identified in those letters are summarized below. 1. Odor 2. Noise 3. Water source and amount to be used 4. Lighting 5. Electrical service 6. Previous code violations on the property 7. Proximity to Three Sisters Adventist Christian School 8. Increased traffic and cost of maintenance for private road 9. Increase in crime 10. Negative impact on property values 11. Negative impact on children 12. Pollution 13. Fire Risk 14. Rural character of area 15. Adverse impact on wildlife STAFF COMMENT: Applicable criteria of the DCC are addressed below. The Deschutes County Code (DCC) pertaining to marijuana production does not include approval criteria related to the issue areas listed in items 9-15 above. For this reason, staff does not address those issues in this decision. H. REVIEW PERIOD: This application was submitted on December 20, 2017 and was deemed incomplete on January 16, 2018. The applicant's agent submitted additional information and the application was deemed complete and accepted for review on February 16, 2018. The 150th and final day for the County to issue a final local land use decision is July 16, 2018. 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 3 of 20 Ill. FINDINGS: Title 18 DESCHUTES COUNTY CODE, COUNTY ZONING A. CHAPTER 18.04. TITLE, PURPOSE, AND DEFINITIONS "Lot of Record" means: A. A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which conformed to all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel was created, and which was created by any of the following means: 1. By partitioning land as defined in ORS 92; 2. By a subdivision plat, as defined in ORS 92, filed with the Deschutes County Surveyor and recorded with the Deschutes County Clerk; 3. By deed or contract, dated and signed by the parties to the transaction, containing a separate legal description of the lot or parcel, and recorded in Deschutes County if recording of the instrument was required on the date of the conveyance. If such instrument contains more than one legal description, only one lot of record shall be recognized unless the legal descriptions describe lots subject to a recorded subdivision or town plat; 4. By a town plat riled with the Deschutes County Clerk and recorded in the Deschutes County Record of Plats; or 5. By the subdividing or partitioning of adjacent or surrounding land, leaving a remainder lot or parcel. B. Notwithstanding subsection (A), a lot or parcel validated pursuant to ORS 92.176 shall be recognized as a lot of record. C. The following shall not be deemed to be a lot of record: 1. A lot or parcel created solely by a tax lot segregation because of an assessor's roll change or for the convenience of the assessor. 2. A lot or parcel created by an intervening section or township line or right of way. 3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed subject to DCC 18.04.030(B). 4. A parcel created by the foreclosure of a security interest. For the purposes of DCC Title 18, "lot" or "parcel" means a lot of record as defined DCC 18.04.030. FINDING: The property is a legal lot of record as it was originally created by a Warranty Deed dated April 15, 1970 and recorded as Volume 237, Page 573 of the Deschutes County Clerk's Book of Records. At the time of conveyance, there were no partition or zoning standards required by Deschutes County. Therefore conveyance by deed of separately described, non-contiguous, units of lands was sufficient to create legal lots of record. B. CHAPTER 18.16. EXCLUSIVE FARM ZONE Section 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright. 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 4 of 20 S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The applicant is proposing to establish a marijuana production facility on the subject property, a use permitted outright subject to compliance with the applicable provisions of DCC 18.116.330. Compliance with the provisions of DCC 18.116.330 is addressed below. 2. Section 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The applicant is proposing to use an existing accessory structure that is 12 feet in height and to construct a new structure that will be approximately 22 feet, 6 inches in height. The following condition of approval has been added to ensure compliance with this criterion: Building Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 3. Section 18.16.070. Yards. A. The front yard shall be a minimum of. 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The subject property has frontage on Half Mile Lane, a local private road, requiring a front yard setback of 40 feet. The proposal is not for a nonfarm dwelling, therefore, the required side and rear yard setbacks are 25 feet. Phase I (Existing Structure): The existing garage observes a front yard setback of over 300 feet, a north side yard setback of over 500 feet, a south side yard setback of 87 feet, and an eastern rear yard setback of 150 feet. Phase II (Proposed Structure): The applicant is proposing a front yard setback of over 300 feet, a north side yard setback of 300 feet, a south side yard setback of 250 feet, and an eastern rear yard setback of 140 feet. Staff finds this criterion will be met. Any additional setback requirements will be addressed during the building permit review process. 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 5 of 20 C. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS 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 is proposing to establish a Marijuana Production facility in the EFU Zone. This section applies. 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 rive (5) acres. FINDING: The subject property is 10.0 acres in size. This criterion is met. 2. Indoor Production and Processing. a. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. b. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The applicant is proposing two phases. In each phase, marijuana production will occur within a stick built structure. Staff notes that the property history does not include a building permit for the existing 1,139 -square -foot accessory structure. Staff has added the following conditions of approval to ensure compliance with this criterion. Permits: Prior to the initiation of the use, the applicant shall obtain a building permit for the existing accessory structure. Indoor Production: As an ongoing condition of approval, marijuana production is prohibited in any outdoor area. Any proposed marijuana processing will require additional land use review. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. 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: 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 6 of 20 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. FINDING: The applicant is proposing 5,000 square feet of mature canopy area for the 10.0 -acre property. Staff finds this criterion will be met. 5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot. FINDING: The proposed use includes one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production site. The following ongoing condition of approval has been added to ensure compliance with this criterion: OLCC License: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard SetbacWDistance from Lot Lines: 100 feet. FINDING: The applicant is proposing two phases as part of this application. Phase I: The applicant proposes to use an existing accessory structure on the property. The structure is sited over 300 feet from the west property line, over 150 feet from the east property line, and over 500 feet from the north property line. The applicant is seeking a setback exception for the south property line to allow for an 87 -foot setback. Further discussion regarding the setback exception is included in item (c) below. Phase II: The applicant proposes to construct a new structure and after completion, discontinue marijuana production in the Phase I building. The proposed setbacks for the new structure are over 300 feet from the west property line, approximately 140 feet from the east property line, over 300 feet from the north property line, and over 250 feet from the south property line. Staff finds this criterion will be met for the Phase II structure. 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. 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 7 of 20 FINDING: The applicant provided a site plan denoting a 300 -foot buffer around the existing and proposed structures; there are no dwellings within the depicted 300 -foot buffer. Staff utilized the Dial property information system to confirm this distance. This criterion will be met. 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. As stated in (a) above, the applicant is seeking a setback exception to allow for a south setback of 87 feet for the Phase I structure. The applicant provides the following information regarding the request: Figure 1. Subject Property, existing garage (Phase I) outlined in yellow (Source: Deschutes County Dial Property Information) Visual Impacts: While the topography in this area is generally level, the site is well vegetated with established trees and vegetation between the building and the property line. Furthermore, the use will be within a fully enclosed structure without windows (not a greenhouse or hoophouse) and the size of the building (and use) is well below the 5,000 square foot maximum canopy size area that would be permitted within the zone. 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 8 of 20 Staff conducted a site visit on February 7, 2018. The existing structure is located between the dwelling and a separate detached accessory structure on the property. This location between the two structures provides screening from the east and west property lines. To the north, south, and east of the structure are rows of trees and shrubbery that provides screening from the related property lines. Staff finds the location of the existing structure allows for equal or greater mitigation of visual impacts. Odor and Noise Impacts: Regarding odor and noise, the submittal includes a letter from a licensed engineer that provides technical details of the odor control and noise mitigating systems, documenting that odor and noise impacts from the existing and planned buildings will be mitigated so that they conform to the provision of DCC Chapter 18.116.330 (10). These mitigating measures ensure odor and noise levels are no greater than they would be if the structure were situated 100 feet from the property line. Staff reviewed the mechanical engineer's report submitted within the applicant's burden of proof and provides an analysis of the report below. Based on the report, if the system is constructed within the prescribed guidelines and properly maintained as described in the report, odor and noise will be mitigated at all times to prevent unreasonable interference of neighbor's use and enjoyment of the property. Staff finds the location of the existing structure allows for equal or greater mitigation of odor and noise impacts. Lighting Privacy, and Access: Regarding lighting, privacy, and access, all of these elements of the building exist and are not proposed to be modified, thus sufficiently mitigated. Per staff's site visit, there is existing lighting on the exterior of the existing building that is not proposed to change as part of this application. The structure is located between the existing dwelling and a detached accessory structure with trees and shrubbery to the north, south, and east. The structure is solid and the applicant stated in the burden of proof that no light will be emitted from the building between 7 a.m. and 7 p.m. Access to the structure is provided by an existing driveway and is not proposed to change. Staff finds the location of the structure provides equal or greater mitigation of impacts associated with lighting, privacy, and access. Additional requirements pertaining to lighting are addressed below. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 9 of 20 center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and V. National monuments and state parks. b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. C. A change in use of another property to those identified in DCC 18.116.330(6)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is: L Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. FINDING: The applicant stated in the burden of proof that he physically viewed neighboring properties and did not see any signs of the aforementioned uses. The applicant also reviewed the Deschutes County records to identify any land use applications or approvals based on the uses above. The applicant provided information regarding a property to the southeast of the subject property owned by Oregon Parks and Recreation Department (OPRD). The applicant stated they contacted both OPRD and Deschutes County and found that while the property is owned by OPRD, the property is not a "State Park" as it has not been included in the Adopted State Park Master Plan in accordance with Oregon Administrative Rule for Division 18, State Park Master Planning. Staff utilized the Deschutes County Dial Interactive Property Map to verify the uses of properties within 1,000 feet of the use. Staff found there are 15 properties within 1,000 feet of the subject property, none of which have received approval for the above listed uses. Distance from the Three Sisters Adventist School was discussed in a few of the letters of opposition staff received. An approximate measurement from the proposed marijuana production use to the property line of the Three Sisters Adventist School is over 1,340 feet. This criterion will be met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. C. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall. L Be on a form provided by the County and shall contain the following information; 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 10 of 20 ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. FINDING: The applicant is proposing 5,000 square feet of mature canopy area. The above criterion relates to production of over 5,000 square feet of mature canopy area, and therefore is not applicable. 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. C. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: The applicant stated in the burden of proof that the structures will be fully enclosed and lighting will not be visible outside of the building. The applicant is proposing exterior security and motion lights. The following conditions of approval have been added to ensure compliance with this criterion: Lighting: The following lighting standards shall be met. Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 10. Odor. As used in DCC 18.116.330(6)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 11 of 20 interfere with neighbors' use and enjoyment of their property. C. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall: i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. FINDING: The applicant submitted an odor report by Rob James, P.E. of Colebreit Engineering, a mechanical engineer licensed in the State of Oregon (#65108PE). The report states odor will be controlled by utilizing activated carbon filters and recirculating indoor fans as stated below: Phase I (Existing Structure) • Existing Building -Flower Rooms: 2 flower rooms each have a volume of 2,449 Cubic Feet (CF), which will require a carbon -filtered air flow of 817 cubic feet per minute (CFM). Each flower room will have (1) Max -Fan 10" Pro Series (925 CFM @ 0.5) in-line fan, or similar, with an attached Can 150 carbon filter, or similar. The carbon -filtered air flow will be 925 CFM in each space, thus meeting the code requirement. • Existing Building-Veg Room: The veg room has a volume of 1,400 CF, which will require a carbon -filtered air flow of 467 CFM. The veg room will have (1) Max -Fan 10" Pro Series (925 CFM @ 0.5') in-line fan, or similar, with an attached Can 150 carbon filter, or similar. The carbon -filtered air flow will be 925 CFM in this space, thus meeting the code requirement. • Existing Building -Production Room: The production room has a volume of 3,032 CF, which will require a carbon -filtered air flow of 1,011 CFM. The production room will have (1) Max -Fan 16" Pro Series (1560 CFM @ 0.5) in-line fans, or similar, with an attached Can 150 carbon filter, or similar. The carbon -filtered air flow will be 1560 CFM in this space, thus meeting the code requirements. Phase II (New Structure) New Building -Flower and Veg Rooms: The flower and veg rooms each have a volume of 14,112 CF, which will require a carbon -filtered air flow of 4,704 CFM. These rooms will each have (2) Max -Fan 16" Pro Series (2030 CFM @ 0.5') in-line fans plus (1) Max -Fan 10" Pro Series (925 CFM @0.5') in-line fan, or similar, with attached Can 150 carbon filters, or similar. The carbon -filtered air flow will be 4,985 CFM in each of these spaces, thus meeting the code requirement. • New Building -Production Room: The production room has a volume of 14,112 CF, which will require a carbon -filtered air flow of 4,704 CFM. The production room will have (2) Max -Fan 16" Pro Series (2030 CFM @ 0.5') in-line fans plus (1) Max -Fan 10" Pro 247 -17 -001002 -AD 1247 -17 -001003 -LR Page 12 of 20 Series (925 CFM @ 0.5") in-line fan, or similar, with attached Can 150 carbon filters, or similar. The carbon -filtered air flow will be 4,985 CFM in each of this space, thus meeting the code requirement. Based on the report provided by Mr. James, if the system described above is constructed within the guidelines and maintained per the filter and fan manufacturer's recommendations, the odor control system will control odor so as to not unreasonably interfere with neighbor's use and enjoyment of their property. The following ongoing condition of approval has been added to ensure compliance with this criterion: Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7.00 a.m. the following day. b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. FINDING: The applicant submitted a noise report by Rob James, P.E. of Colebreit Engineering, a mechanical engineer licensed in the State of Oregon (#65108PE). The report states noise will be mitigated as summarized below: Phase I (Existing Structure) The existing building is located approximately 87' from the nearest (south) property line. This building uses 3 outdoor air conditioning units that are rated at 68 dBA sound power. The combined sound power with all 3 operating is 72.9 dBA. This building will require a 3 -foot tall concrete sound barrier wall around the outdoor units on the south and east sides, located approximately 3 feet away from these units. With the sound barrier wall in place, the calculated sound pressure level at the south property line is 28.4 dBA. Phase II (New Structure The new building is located approximately 140' from the nearest (east) property line. This building uses 20 outdoor air conditioning units that are rated at 68 dBA sound power. The combined sound power with all 20 operating is 81.0 dBA. This building will require a 4 -foot tall concrete sound barrier wall around the outdoor units on the east and north sides, located approximately 3 feet away from these units. With the sound barrier wall in place, the calculated sound pressure level at the east property line is 29.8 dBA. The report states the sound barriers walls will ensure that the noise from the odor control equipment will not exceed 30 db(A) from all property lines. The following condition of approval has been added to ensure compliance with this criterion: 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 13 of 20 Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. Prior to initiation of Phase I, the applicant shall install a 3 -foot tall concrete sound barrier wall around the outdoor air conditioning units on the south and east sides, located approximately 3 feet away from these units. Prior to initiation of Phase 11, the applicant shall install a 4 -foot tall concrete sound barrier wall around the outdoor air conditioning units on the east and north sides, located approximately 3 feet away from these units. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. C. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. FINDING: The subject property is in a Landscape Management No fencing is proposed. The applicant is not proposing to remove any existing trees or shrub cover as part of the proposal. The following ongoing condition of approval has been added: Screening: the existing tree and shrub cover screening the development from the public right-of- way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 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 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 14 of 20 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 stated in the burden of proof that they are proposing year round marijuana production supplemented by two sources of water. The applicant provided a letter from Swalley Irrigation District dated November 21, 2017 that states the following: Tax Lot 900 ha(s) appurtenant to it 7 acres of irrigation water rights and 0.06 acres of nursery water rights. These combined total water rights of 7.06 acres are certificated, senior 1899 Deschutes River surface water rights deliverable at a maximum rate of up to 7 gallons per minute (gpm) during peak irrigation season defined as being between May 15 and September 14. During peak irrigation season rates, this landowner is therefore entitled to approximately 49.42 gmp of continuous flow. Swalley water rights may legally be delivered between April 1St and October 31St of each year. Swalley water rights are legally compatible for cultivation of Cannabis. The applicant also provided a letter from Bend Water Hauling LLC dated February 6, 2018 stating the following: We have set up an account to deliver 4,000 gallons a month to use for farming and agriculture. We haul water from Avion Water Company. Staff finds the above criterion will be met. Staff has added the following condition of approval to ensure compliance with this requirement: 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: No processing is proposed. This criterion does not apply. 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 applicant provided a "will serve" letter from Pacific Power dated June 8, 2017. The letter states that Pacific Power has certified rights to provide electrical energy in this area for a cannabis grow and is willing and able to provide service. Staff finds this criterion will be met. 16. Security Cameras. if security cameras are used, they shall be directed to record only the subject property and public rights- of-way, except as required to comply with requirements of the OLCC or the OHA. 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 15 of 20 FINDING: The applicant states the site will use security cameras that only record activity on the subject property as required by OLCC. Staff finds this criterion will be met. The following condition of approval has been added to ensure compliance with this criterion. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. 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 stated in the burden of proof that all waste will be stored in secure receptacles on site and maintained under the possession of the OLCC licensee. Staff has added the following condition of approval to ensure compliance with this criterion: Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle 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. roperty.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. This section does not apply. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. FINDING: The subject property was not a lawfully established medical marijuana grow site. This section does not apply. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited. i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 16 of 20 iv. Agri -tourism and other commercial events and activities 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 stated that none of the above uses are proposed on the property. Staff has added the following condition of approval to ensure compliance with this criterion. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. C. Other information as maybe reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 17 of 20 e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). FINDING: Compliance with the annual reporting obligation of this section is required. As an ongoing condition of approval, the annual reporting requirements of DCC 18.116.330(D) shall be met. C. CHAPTER 18.84. LANDSCAPE MANAGEMENT COMBINING ZONE Section 18.84.050. Use Limitations. A. Any new structure or substantial alteration of a structure requiring a building permit, or an agricultural structure, within an LM Zone shall obtain site plan approval in accordance with DCC 18.84 prior to construction. As used in DCC 18.84 substantial alteration consists of an alteration which exceeds 25 percent in the size or 25 percent of the assessed value of the structure. FINDING: As stated previously, there does not appear to be a building permit in the Deschutes County Records for the existing Phase I structure. The southeast portion of the property, including the existing Phase I structure, is located within the Landscape Management Combining Zone. As a condition of approval, the applicant is required to obtain a building permit for the structure prior to the initiation of the use. As the structure requires a building permit, the applicant must also obtain approval of a Landscape Management Review of the building prior to initiation of the Phase I use. The Phase II structure does not appear to be located within the LM Zone and, therefore, does not require LM review. Staff has added the following condition of approval to ensure compliance with this criterion: Landscape Management Review: The applicant shall obtain Landscape Management Review approval of the existing Phase I structure, prior to the initiation of the use. IV. CONCLUSION Based on the foregoing Findings of Facts, staff finds that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. VII. TRANSPORTATION SYSTEM DEVELOPMENT CHARGES (SDCs): Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant ultimately proposes a 9,600 -square -foot building to produce 5,000 square feet of mature canopy. The County's SDC rate is based on the building's total square footage related to cannabis production and support and not the square footage of the mature canopy. The 9,600 square feet of greenhouses would produce 3.1 p.m. peak hour trips (9.6 x 0.32). The resulting SDC is $12,205 (3.1 x $3,937). The SDC is due prior to issuance of 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 18 of 20 certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. V. DECISION APPROVAL, subject to the following conditions of approval. VI. ONGOING CONDITIONS OF APPROVAL A. Use & Location: Marijuana production is conditionally approved inside the approved grow building. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. B. Building Permit: Prior to the initiation of the use, the applicant shall receive approval of a building permit for the existing accessory structure. C. Landscape Management Review: The applicant shall obtain Landscape Management Review approval of the existing Phase I structure, prior to the initiation of the use. D. Buildinq Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. E. Indoor Production: Marijuana production is prohibited in any outdoor area. F. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 5,000 square feet at any time. G. OLCC Licensee: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. H. Li htin : The following lighting standards shall be met. Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. Prior to initiation of Phase I, the applicant shall install a 3 -foot tall concrete sound barrier wall around the outdoor air conditioning units on the south and east sides, located approximately 3 feet away from these units. Prior to initiation of Phase II, the applicant shall install a 4 -foot tall 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 19 of 20 concrete sound barrier wall around the outdoor air conditioning units on the east and north sides, located approximately 3 feet away from these units. K. Fencing: 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. L. 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. M. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. N. Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee at all times. O. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. P. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. VII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and obtain building permits for 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: Nicole Mardell, Associate Planner IA>AM IittK-Q-- Reviewed by: Anthony Raguine, Senior Planner 247 -17 -001002 -AD / 247 -17 -001003 -LR Page 20 of 20 0 0 DOUG BRADY MARIJUANA PRODUCTIONS DESCHUTES COUNTY :_� m7 (/) m m mO< � • m m m X Em W' DD o O zr E � 0 DOUG BRADY MARIJUANA PRODUCTIONS DESCHUTES COUNTY :_� (/) i - mO< m X _ DD O zr 0 DOUG BRADY MARIJUANA PRODUCTIONS DESCHUTES COUNTY :_� 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 March 21, 2018 DATE: March 12, 2018 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: Potential Marijuana Production Appeal, 7463 SW Canal Blvd, Redmond ATTENDANCE: Nicole Mardell, Associate Planner SUMMARY: Before the Board of County Commissioners is a possible appeal of an Administrative Determination approving a marijuana production facility in the Exclusive Farm Use Zone. The Board will consider Order No. 2018-018 and decide if the Board will call up the matter for review if the decision is appealed. See the attached Findings & Decision for further background information. i _ACommunity Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6095 Phone: (541) 388-6575 Fax: (543) 385-3764 http://wmv,deschutes.org/cd STAFF MEMO Date: March 13, 2018 To: Board of County Commissioners From: Nicole Mardell, Associate Planner Re: Administrative Decision (File No. 247 -18 -000044 -AD) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on March 21, 2018 at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File No. 247- 18 -000044 -AD) approving a marijuana production application. Application On January 16, 2018 an application was filed for an Administrative Determination (AD) to establish a marijuana production facility at 7463 SW Canal Boulevard, Redmond. The applicant requested approval to establish a marijuana production facility in the Exclusive Farm Use (EFU) zone. The proposal consists of a maximum mature plant canopy size of 5,000 square feet within an existing barn and two new greenhouses. II. Decision On February 22, 2018, 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 March 12, 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 March 26, 2018. III. Appeal Although no appeal has been filed yet, staff considers an appeal is likely based on public comments. IV. 150 -day Issuance of a Final Local Decision The 150 -day period for issuance of a final local decision is July 22, 2018. Quality Services Perf© fined with Pritle 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 twelfth day following the mailing date of this decision falls on a Saturday, therefore in accordance with DCC 22.08.070 an appeal must be filed no later than 5:00 PM on Monday, March 26, 2018. Attachment 2 is a Board Order to initiate a de novo review of this file, should a timely appeal be filed. Staff has also included the applicant's site plan as attachment 3. Attachments: 1. Administrative Decision for File No. 247 -18 -000044 -AD 2. Board Order to Initiate Review 3. Site Plan Ma Community Development Department Planning Division Suiltling Safety Division Environmental Sods Division P.O. Box 6005 117 NW Lafayette Avenue Bend. Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://4vww.deschutes.org/cd FINDINGS & DECISION FILE NUMBER: 247 -18 -000044 -AD APPLICANT/ OWNER: Two Ruffin Brothers, LLC AGENT: Greg Blackmore, Blackmore Planning and Development Services PROPOSAL: The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the Exclusive Farm Use Zone with a maximum mature canopy area of 5,000 square feet. STAFF CONTACT: Nicole Mardell, Associate Planner APPLICABLE CRITERIA Title 18, Deschutes County Zoning Ordinance Chapter 18.16, Exclusive Farm Use Zones Chapter 18.80, Airport Safety Combining Zone Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS A. LOCATION: The subject property has an assigned address of 7463 SW Canal Boulevard, Redmond and is identified on the County Assessor's Map as 16-12-11 as Tax Lot 1300. B. LOT OF RECORD: The property is a legal lot of record per Lot of Record Verification file no. 247 -17 -000559 -LR. C. ZONING: The property is zoned Exclusive Farm Use — Tumalo/Redmond/Bend, with a portion located within the Airport Safety Combining Zone associated with the Redmond Airport. The property is designated Agriculture on the Deschutes County Comprehensive Plan. Quality Services Pef Jt)rined with Pi-ide D. PROPOSAL: The applicant requests approval of an Administrative Determination to establish a marijuana production facility with a maximum mature plant canopy area of 5,000 square feet. The applicant proposes to use an existing barn and two new greenhouses for the marijuana production use. E. SITE DESCRIPTION: The subject property is 15.89 acres in size and irregular in shape. The property has frontage on SW Canal Boulevard, a rural arterial street. The center portion of the property contains a small irrigated pasture area. Development is concentrated to the southeast portion of the site and includes a single-family dwelling and several accessory structures. The topography of the site is generally flat throughout. There are a few trees and shrubs located along the northwest and southeast portions of the site. A Central Oregon Irrigation District canal runs along the northern portion of the property. F. PUBLIC AGENCY COMMENTS: The Planning Division mailed a Notice of Application and received comments from the following agencies: Deschutes County Building Division: Notice: 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. 2. Deschutes County Transportation Planner: I have reviewed the transmittal materials for 247 -18 -000044 -AD for a marUuana production (growing) operation of 5,000 square feet of mature canopy in the Exclusive Farm Use (EFU) zone at 7463 SW Canal Boulevard, aka 16-12-11, Tax Lot 1300. Deschutes County Code (DCC) at 18.116.330(B)(8) only requires proof of legal direct access to the property or access from a private easement for a grow of more than 5, 000 square feet of mature canopy. On page 8 the burden of proof states the mature canopy will be 10,000 square feet "in certain circumstances" but does not elaborate as to what those would be or their duration. If the proposal is 5,000 square feet of mature canopy or less, so the access requirement does not apply. The applicant will need to provide additional information for staff to make a final determination. The traffic study requirements of DCC 18.116.310 are not applicable for this marijuana production operation as the application is not going through site plan review and thus does not need to show compliance with DCC 18.124.080(J), which references the County's traffic study requirements. A condition of approval should be included that the applicant receive an access permit from Deschutes County to comply with DCC 17.48.210(A). Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The Board 247 -18 -000044 -AD, Ruffin Page 2 of 22 has made a policy decision in early 2017 to use the ITE Warehouse category for marijuana grow operations. The applicant's materials indicate the square footage of the greenhouse (2,902 square feet) and the existing barn (2,340 square feet) will total 5,242 square feet for cannabis production and support. The County's SDC is based on the buildings' total square footage related to cannabis production and support and not the square footage of the mature canopy. The 5,242 square feet of buildings would produce 1.7 p.m. peak hour trips (5.242 X 0.32). The resulting SDC is $6,693 (1.7 X $3,937). The SDC is due prior to issuance of certificate of occupancy, if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. 3. Deschutes County Assessor The property is in farm tax deferral. 4. Central Oregon Irrigation District COID FACILITIES: • Subject's property has the A-21 sub lateral that runs through a portion of it. o It has a right of way of 30' o Along with a road right of way of 20' on the south side of the canal o Note, there is a private irrigation line that runs alongside the western portion of the property, please contact neighbor about its location. o Any crossing of a COID facility must be granted permission before doing so. Please contact COID if you wish to do COID WATER RIGHTS: • Subject's property has 12.2 acres of COID water rights • Please contact COID concerning use of water rights • COID requests a site plan COID GUIDELINE STATEMENT • Please review the following statement: COID response to Community Development Notice for Proposed Marijuana Production: Central Oregon Irrigation District (COID) serves this property with 12.2 acres of irrigation water during the irrigation season of April 1St through October 31St at a rate of up to 6 gallons per minute per acre. This water cannot be used for irrigation during the winter months. An additional source (not COID) of water is necessary to irrigate between November 1St and March 31s. If the recreational marijuana production facility is a greenhouse or other structure proposed to be built on top of the COID water right, land -user must allow COID annual access to the structure to document beneficial use of the water right. Structures on top of a water right for any purpose other than growing plants is not allowed. • Applicant should contact COID to determine status of water rights prior to construction of production facility. • Plot Plan is required to assist COID in determining if the proposed structure will be located on the water right or if a water transfer application is needed to transfer water to it. 5. The following agencies did not respond or had no comments: Redmond Fire & Rescue, Redmond Area Parks & Rec Dist., Swalley Irrigation District, Central Electric Co -Op, Department of Geology & Mineral Industries, Deschutes County 247 -18 -000044 -AD, Ruffin Page 3 of 22 Environmental Soils, Deschutes County Road Department, Oregon Department of Aviation -Project & Planning Division, Pacific Power & Light, Redmond Airport. G. PUBLIC COMMENTS: The Planning Division mailed a written notice of these applications to property owners within 750 feet of the subject property on January 23, 2018. In addition, the applicant submitted a Land Use Action Sign Affidavit indicating a proposed land use action sign was posted on the property on January 24, 2018. Staff received two letters of opposition to the application of the date of this staff report. The concerns identified in those letters are summarized below. 1. Odor 2. Noise 3. Negative impact on property values 4. Negative impact on children 5. Traffic 6. Distance from other marijuana production sites STAFF COMMENT: Applicable criteria of the DCC are addressed below. The Deschutes County Code (DCC) pertaining to marijuana production does not include approval criteria related to the issue areas listed in items 3-6 above. For this reason, staff does not address those issues in this decision. H. REVIEW PERIOD: This application was submitted on January 16, 2018. It was deemed incomplete on February 9, 2018. The applicant's agent submitted additional information and the application was deemed complete and accepted for review on February 22, 2018. The 150th and final day for the County to issue a final local land use decision is July 22, 2018. III. FINDINGS: Title 18 DESCHUTES COUNTY CODE, COUNTY ZONING A. CHAPTER 18.16. EXCLUSIVE FARM ZONE Section 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright. S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The applicant is proposing to establish a marijuana production facility on the subject property, a use permitted outright subject to compliance with the applicable provisions of DCC 18.116.330. Compliance with the provisions of DCC 18.116.330 is addressed below. 247 -18 -000044 -AD, Ruffin Page 4 of 22 2. Section 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The applicant is proposing to use an existing barn with a height of 20 feet, 6 inches and two new proposed greenhouses each with a height of 8 feet, 6 inches. The following condition of approval has been added to ensure compliance with this criterion: Buildinq Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 3. Section 18.16.070. Yards. A. The front yard shall be a minimum of.• 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The subject property has frontage on SW Canal Boulevard, a rural arterial street, requiring a front yard setback of 100 feet. The proposal is not for a nonfarm dwelling, therefore, the required side and rear yard setbacks are 25 feet. Due to the irregular shape of the parcel, the property has one front yard along SW Canal Boulevard, one rear yard to the west, five side yards to the north and one side yard to the south. The applicant provided a site plan that denotes a "License Site Envelope" and includes the existing barn and proposed greenhouses to be used for the marijuana production use. The applicant is proposing a front yard setback of over 200 feet, a rear yard setback of over 300 feet, a south side yard setback of 177 feet, and a setback of 225 feet to the closest north side yard. Staff finds this criterion will be met. Any additional setback requirements will be addressed during the building permit review process. B. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS 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 Rl zones. 247 -18 -000044 -AD, Ruffin Page 5 of 22 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, Rl, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant is proposing to establish a Marijuana Production facility in the EFU Zone. This section applies. 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 15.89 acres in size. This criterion is met. 2. Indoor Production and Processing. a. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. b. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The applicant is proposing to use an existing barn and two new greenhouses for the marijuana production use. Staff has added the following ongoing condition of approval to ensure compliance with this criterion. Indoor Production: As an ongoing condition of approval, marijuana production is prohibited in any outdoor area. Any proposed marijuana processing will require additional land use review. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: L The marijuana production operation was lawfully established prior to January 1, 2015; and H. 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. FINDING: The applicant is proposing 5,000 square feet of mature canopy area for the 15.89 -acre property. Staff finds this criterion will be met. 247 -18 -000044 -AD, Ruffin Page 6 of 22 5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lof. FINDING: The proposed use includes one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production site. The following ongoing condition of approval has been added to ensure compliance with this criterion: OLCC License: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. FINDING: The applicant is proposing to use an existing barn and two new greenhouses. The applicant provided a site plan that denotes a "License Site Envelope" and includes the existing accessory structure and proposed greenhouses to be used for the marijuana production use. The applicant is proposing a front yard setback of over 200 feet, a rear yard setback of over 300 feet, a south side yard setback of 177 feet, and a setback of 225 feet to the closest north side yard. Staff finds this criterion will be met. b. Setback from an off-site dwelling. 300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. FINDING: The applicant provided a site plan denoting a 300 -foot buffer around the existing and proposed structures; there are no dwellings within the depicted 300 -foot buffer. Staff utilized the Dial property information system to confirm this distance. This criterion will be met. 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 applicant is not requesting a setback exception. Staff finds this criterion does not apply. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon 247 -18 -000044 -AD, Ruffin Page 7 of 22 Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and V. National monuments and state parks. b. For purposes of DCC 18.116.330(6)(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 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 1&116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 1&116.330(B)(7) if the use is: L Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. FINDING: The applicant stated in the burden of proof that he physically viewed neighboring properties and did not see any signs of the aforementioned uses. As the surrounding properties are zoned EFU, the above uses would require land use approval. The applicant did not find any record of the above uses approved on properties within 1,000 feet. Staff utilized the Deschutes County Dial interactive property map to verify the uses of properties within 1,000 feet of the use. Staff found there are 15 properties within 1,000 feet of the subject property, none of which have received approval for the above listed uses. This criterion will be met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. C. if the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production 247 -18 -000044 -AD, Ruffin Page 8 of 22 access from all owners who have access rights to the private road or easement. The written consent shall: L Be on a form provided by the County and shall contain the following information; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. FINDING: The applicant is proposing 5,000 square feet of mature canopy area. The above criterion relates to production of over 5,000 square feet of mature canopy area, and therefore is not applicable. 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. C. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: The applicant stated lighting inside of the existing barn will be contained in rooms with walls that restrict lighting from projecting outdoors. The proposed greenhouses will use natural lighting for growing operations in addition to grow lighting. The grow lighting will be limited to the hours of 7:00 a.m.-7:00 p.m. in accordance with this criterion. The applicant also stated any new exterior lighting will comply with DCC 15.10. Staff has added the following condition of approval to ensure compliance with this criterion. Li htin : The following lighting standards shall be met. Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 10. Odor. As used in DCC 1&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 247 -18 -000044 -AD, Ruffin Page 9 of 22 unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. C. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d The odor control system shall. i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. FINDING: The applicant submitted an odor report by Laura Breit, P.E. of Colebreit Engineering, a mechanical engineer licensed in the State of Oregon (#79874PE). The report states odor will be mitigated as follows for the existing barn. • All indoor rooms will be as airtight as possible with no planned exchange of outside/inside air. • Rooms with growing/drying plants will have air conditioning/heating and filtration. o Canopy Area #1 ■ Required CF1f— 1B80 CFAf .5� We recommend (2) 12" Max -ran with Can 75 filter, providing 1080 CFM each and 2100 CFM total. o Canopy Area #2 6? -60 Y+"d'e recommend (2) 12" Max -Fan with, Car, 5 filter, providing logo CFM each and 2160 CFM total. o Canopy Area #3 1&,quired CFM 206-A CFAf ■ We rrecornmend =;2;i 12" Max -Pan with Can 75 filter, providing 1080 CFM each and 2160 CFM total. 247 -18 -000044 -AD, Ruffin Page 10 of 22 o Vegetative Growth Area. l2r tlarir c ci ("I'M = ¢'Q§ = 14:34 CFM ■ We recommend (2) 10" Max -Fan with Can 75 filter, providing 747 CFM each and 1494 CFM total. o Dry/Trim Room ■ Required CFM = 4=,2rr = .1506 CFM We recommend (1) 12" Max -Fan with Can 75 filter, providing 1080 GFM, and (1) 8" Max -Fan with Can 50 filter, providing 478 CFM, 1558 CFM total, The report goes on to say odor for the proposed greenhouses will be mitigated as described below: • Rooms with growing/drying plants will have air conditioning/heating and filtration. o Greenhouses #1 and #2 will both have the following odor filtration system • Volume (3.5ft * 20f t - 60f t) + (EI * 60 ft) = 6,556ft,3 • Required CIM "sass = 2,185 CFM ■ We recommend (2) 12" Max -Fan with Can 100 filter, providing 1280 CFM each, 2520 CFM total, 15% oversized. ■ This meets the requirements of DCG 18,115.330(B)(10)(d)(i). Based on the report provided by Ms. Colbreit, if the system described above is constructed within the guidelines and maintained per the manufacturer's recommendations, the odor control system will control odor so as to not unreasonably interfere with neighbor's use and enjoyment of their property. The following ongoing condition of approval has been added to ensure compliance with this criterion: Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. 247 -18 -000044 -AD, Ruffin Page 11 of 22 FINDING: The applicant submitted a noise report by Laura Breit, P.E. of Colebreit Engineering, a mechanical engineer licensed in the State of Oregon (#79874PE). The report states noise will be mitigated as follows for the existing barn: For indoor production there will be little to no noise due to equipment located inside the facility. All equipment will be inside of closed insulated walls. Noise from indoor equipment will be well below 30 dB(A) by the closest property line, 275 ft. o Plot Site with 300 foot setback • Noise from outdoor equipment will be primarily from HVAC compressor units. o LG spec sheet states their units produce 57 dB at 3.28 ft. o We will be using 8 of these units, below we have calculated the total noise from these in decibels. a Total Aroi.se = 10 log('' IW,"C) = 66.1 dB We will neglect air damping as well as any noise absorbed by the land which would reduce the noise level significantly. We will also be assuming point source for all equipment which increases the assumed dB rating. Noise 1 is the noise level in dB at the closest property line, 275 ft. Noise}Noise;, — 120l.ot 4i-� — 661 di; —',320log �ai�Ir lE _ x 661 — 38.47 = 27.630 o This means that with no absorption at all the sound at the closest property line would still be under the 30 dB requirement. With that said the noise level should be well below 20 dB at the closest property line. • The only noise from the greenhouses will be from the interior fan units which will be well under 30 dB at the closest property line. 247 -18 -000044 -AD, Ruffin Page 12 of 22 Based on the report provided by Ms. Colbreit, if the system described above is constructed within the guidelines and maintained per the manufacturer's recommendations, the noise control,system will control noise so as to not unreasonably interfere with neighbor's use and enjoyment of their property. The following ongoing condition of approval has been added to ensure compliance with this criterion: Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. C. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. FINDING: The subject property is not located in the Landscape Management Combining Zone. No new fencing is proposed. The applicant is not proposing to remove any existing trees or shrub cover as part of the proposal. The following ongoing condition of approval has been added: Screening: The existing tree and shrub cover screening the development from the public right-of- way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 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 247 -18 -000044 -AD, Ruffin Page 13 of 22 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 stated in the burden of proof that they are proposing year round marijuana production supplemented by two sources of water. The seasonal water right will be used for the greenhouses during the irrigation season. Hauled water will be stored in tanks on the property to be used for production within the barn. The applicant stated they will be using a "reverse osmosis water treatment" as part of the operation. The applicant provided a letter from Central Oregon Irrigation District (COID) that discusses the water rights on the property. This information was confirmed in the agency comments received from COID described in Section I above. Central Oregon Irrigation District ("District) serves this property with a total of 12.20 acres of Irrigation water (surface delivery) provided under State issued primary water right certificate #83571 (priority date 10/31/1900) and supplemental certificate #76714 (priority date February 28, 1913). These certificates allow delivery during the irrigation season of April 1St through October 31St and cannot be used for irrigation during the winter months. Use of COID winter stockwater runs for irrigation purposes is not allowed. An additional Source (not from COID) of water is necessary to irrigate November 1St through March 31St". The applicant also provided a letter from ABC Lighting LLC dated February 21, 2018 stating the following: An estimated 8,000 Gallons of water each month for the intended purpose of use in an indoor marijuana production facility. Water source from: Avion Water Company, Inc... Regulated by PUC (Public Utilities Commission). Acceptable for intended agricultural marijuana production. Staff finds the above criterion will be met. Staff has added the following condition of approval to ensure compliance with this requirement: 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: No processing is proposed. This criterion does not apply. 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 applicant provided a "will serve" letter from Central Electric Co -Operative (CEC), Inc dated February 22, 2018. The letter states the following: 247 -18 -000044 -AD, Ruffin Page 14 of 22 Central Electric Cooperative has review the provided load information (New 400 amp single phase, 240 volt service) associated with the submitted cannabis grow facility and is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative. Staff finds this criterion will be met. 16. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights- of-way, except as required to comply with requirements of the OLCC or the OHA. FINDING: The applicant states the site will use security cameras that only record activity on the subject property as required by OLCC. Staff finds this criterion will be met. The following condition of approval has been added to ensure compliance with this criterion. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. 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 stated in the burden of proof that all waste will be stored in secure receptacles on site and maintained under the possession of the OLCC licensee. Staff has added the following condition of approval to ensure compliance with this criterion. Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle 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. This section does not apply. 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: The subject property was not a lawfully established medical marijuana grow site. This section does not apply. 247 -18 -000044 -AD, Ruffin Page 15 of 22 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited. i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. 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 stated that none of the above uses are proposed on the property. Staff has added the following condition of approval to ensure compliance with this criterion. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: L Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes 247 -18 -000044 -AD, Ruffin Page 16 of 22 permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. C. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). FINDING: Compliance with the annual reporting obligation of this section is required. The following ongoing condition of approval has been added to ensure compliance with this criterion: Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. C. CHAPTER 18.80. AIRPORT SAFETY COMBINING ZONE Section 18.80.020. Application of Provisions The provisions of DCC 18.80.020 shall only apply to unincorporated area located under airport imaginary surfaces and zones, including approach surface, transitional surfaces, horizontal surfaces, conical surfaces and runway protection zones. While DCC 18.80 identifies dimensions for the entire imaginary surface and zone, parts of the surfaces and/or zones do not apply within the Redmond, Bend or Sisters Urban Growth Boundaries. The Redmond Airport is owned and operated by the City of Redmond, and located wholly within the Redmond City Limits. FINDING: The subject property lies within the approach surface of the Redmond Municipal Airport. Therefore the provisions of this chapter apply. 2. Section 18.80.028. Height Limitations. All uses permitted by the underlying zone shall comply with the height limitations in DCC 18.80.028. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall control. [ORS 836.619; OAR 660-013-0070] A. Except as provided in DCC 18.80.028(B) and (C), no structure or tree, plant or other object of natural growth shall penetrate an airport imaginary surface. [ORS 836.619; OAR 660-013-0070(1)] FINDING: The subject property is located within the approach surface of the Redmond Municipal Airport. The proposed marijuana use will be located more than four miles to the southwest of the Runway Protection Zone (RPZ) of the Redmond Municipal Airport. The subject property is at an 247 -18 -000044 -AD, Ruffin Page 17 of 22 elevation of approximately 3,166 feet and the imaginary surface above the subject property is at an elevation of approximately 4,290 feet. Staff finds that the structures associated with the marijuana production use will not penetrate the approach surface. This criterion will be met. B. For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local government may authorize structures up to 35 feet in height. FINDING: The subject property is within the approach surface, therefore this criterion does not apply. C. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation and the FAA. Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA (for Redmond, Bend and Sunriver.) FINDING: No height exceptions or variances are sought by this application; therefore, this criterion does not apply. 3. Section 18.80.044. Land Use Compatibility. Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the Planning Director or Hearings Body is required to take actions that eliminate or minimize the incompatibility by choosing the most compatible location or design for the boundary or use. Where compatibility issues persist, despite actions or conditions intended to eliminate or minimize the incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except where the action results in loss of current operational levels and/or the ability of the airport to grow to meet future community needs. Reasonable conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080] A. Noise. Within airport noise impact boundaries, land uses shall be established consistent with the levels identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC 18.80). Applicants for any subdivision or partition approval or other land use approval or building permit affecting land within airport noise impact boundaries, shall sign and record in the Deschutes County Book of Records, a Declaration of Anticipated Noise declaring that the applicant and his successors will not now, or in the future complain about the allowed airport activities at the adjacent airport. In areas where the noise level is anticipated to be at or above 55 Ldn, prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or as a school, church, hospital, public library or similar use), the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building 247 -18 -000044 -AD, Ruffin Page 18 of 22 design that will achieve an indoor noise level equal to or less than 55 Ldn. [NOTE. FAA Order 5100.38A, Chapter 7 provides that interior noise levels should not exceed 45 decibels in all habitable zones.] FINDING: The subject property is not within the noise impact boundary associated with the Redmond Municipal Airport. B. Outdoor lighting. No new or expanded industrial, commercial or recreational use shall project lighting directly onto an existing runway or taxiway or into existing airport approach surfaces except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting. FINDING: The proposed marijuana use will include shielded exterior lighting. Due to the distance from the RPZ, staff finds the proposal will not project lighting directly onto an existing runway or taxiway. Staff finds this criterion will be met. C. Glare. No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision. FINDING: The submitted application does not indicate building materials or finishes. The following condition of approval has been added to ensure compliance with this criterion: Glare: No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision. D. Industrial emissions. No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust or steam that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility. FINDING: The proposed marijuana production facility is not an industrial, mining or similar use. This criterion does not apply. E. Communications Facilities and Electrical Interference. No use shall cause or create electrical interference with navigational signals or radio communications between an airport and aircraft. Proposals for the location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within this overlay zone shall be coordinated with the Department of Aviation and the FAA prior to approval. Approval of cellular and other telephone or radio communication towers on leased property located 247 -18 -000044 -AD, Ruffin Page 19 of 22 within airport imaginary surfaces shall be conditioned to require their removal within 90 days following the expiration of the lease agreement A bond or other security shall be required to ensure this result. FINDING: The proposed marijuana production facility will not cause or create electrical interference. This criterion will be met. F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach Surface, and Airport Direct and Secondary Impact Areas. For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1, and their accessory uses, are permitted, permitted under limited circumstances, or prohibited in the manner therein described. In the event of conflict with the underlying zone, the more restrictive provisions shall control. As used in DCC 18.80.044, a limited use means a use that is allowed subject to special standards specific to that use. FINDING: The proposed marijuana facility (farm use) will be located within the approach surface of the Redmond Municipal Airport. The proposal will not exceed the standards set forth in DCC 18.80 Table 1, which permits farming and encourages farming practices that minimize wildlife attractants. This criterion will be met. IV. CONCLUSION Based on the foregoing Findings of Facts, staff finds that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. TRANSPORTATION SYSTEM DEVELOPMENT CHARGES (SDCs): Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The Board has made a policy decision in early 2017 to use the ITE Warehouse category for marijuana grow operations. The applicant's materials indicate the square footage of the greenhouse (2,902 square feet) and the existing barn (2,340 square feet) will total 5,242 square feet for cannabis production and support. The County's SDC is based on the buildings' total square footage related to cannabis production and support and not the square footage of the mature canopy. The 5,242 square feet of buildings would produce 1.7 p.m. peak hour trips (5.242 X 0.32). The resulting SDC is $6,693 (1.7 X $3,937). The SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. V. DECISION APPROVAL, subject to the following conditions of approval. 247 -18 -000044 -AD, Ruffin Page 20 of 22 VI. ONGOING CONDITIONS OF APPROVAL A. Use & Location: Marijuana production is conditionally approved inside the approved grow building. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. B. Building Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. C. Indoor Production: Marijuana production is prohibited in any outdoor area. D. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 5,000 square feet at any time. E. OLCC Licensee: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. F. Li htin : The following lighting standards shall be met. Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. G. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. H. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. Screening: The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. J. 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. K. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. L. Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee at all times. M. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. 247 -18 -000044 -AD, Ruffin Page 21 of 22 N. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. O. Glare: No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision. P. Access: The applicant shall obtain an access permit from Deschutes County to comply with DCC 17.48.210(A). Q. Permits: The applicant shall obtain any permits required through the Deschutes County Building Division and Environmental Soils Division. VII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and obtain building permits for 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: Nicole Mardell, Associate Planner Reviewed by: Anthony Raguine, Senior Planner 247 -18 -000044 -AD, Ruffin Page 22 of 22 %� M, 'r_ mo R 7 Z Go O m -� < IRUFFIN rr X s MARIJUANA PRODUCTIONS DESCHUTES COUNTY 3 4 4� G Go O m -� < IRUFFIN rr X s MARIJUANA PRODUCTIONS DESCHUTES COUNTY Z DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: 3/21 /18 Please complete all sections above the Official Review line. Department: Contractor/Supplier/Consultant Name: ODO Contractor Contact: 0 Contractor Phone #: 0 Type of Document: Intergovernmental Agreement Goods and/or Services: Mobile Communications Tower and Trailer Background & History: Agreement Starting Date: 1upon si nature Ending Date: 6/30/20 Annual Value or Total Payment: ❑ Insurance Certificate Received check box) Insurance Expiration Date: Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? ❑ Yes ❑ No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Phone #: 3/21/2018 Departmental Contact and Title: I Sara Crossw—hi te Phone #: Department Director Approval: Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: Co my Signature Required (check one): BOCC (if $150,000 or more) – BOARD AGENDA Item ❑ County Administrator (if $25,000 but under $150,000) ❑ Department Director - Health (if under $50,000) ❑ Department Head/Director (if under $25,000) Legal Review \11 _ _ Date Document Number 3/21/2018 LEGAL COUNSEL INTERGOVERNMENTAL AGREEMENT FOR MOBILE COMMUNICATIONS TOWER AND TRAILER ODOT AND DC911 Pursuant to and in accordance with ORS 190, this Agreement is made and entered into by and between the State of Oregon acting by and through its Department of Transportation ("State") and, Deschutes County 9-1-1 Service District (Agency) acting by and through its elected officials, hereinafter referred to as "Agency" all herein referred to individually or collectively as "Party" or "Parties." RECITALS A. Authority. This Agreement is authorized by ORS 190.110. B. Purpose. State owns a mobile communications tower and trailer (Mobile Tower) which is surplus to its needs and State intends to provide Agency with the opportunity to purchase the Mobile Tower. Agency has an immediate need for the Mobile Tower and State is agreeable to Agency's use, subject to the terms of this Agreement, until transfer of ownership occurs. In consideration of the mutual obligations provided in this Agreement, the Parties hereby agree as follows: TERMS OF AGREEMENT 1. Use of Mobile Tower. State hereby allows Agency possession and use of the Mobile Tower, and Agency accepts the Mobile Tower as -is where -is. Agency shall be responsible for obtaining all necessary approvals for placement and use of Mobile Tower and shall operate Mobile Tower in a safe and responsible manner and in compliance with all laws and regulations. Once the Mobile Tower is in Agency's possession, either due to delivery or Agency's transport, Agency shall be solely responsible for the Mobile Tower. If this Agreement is terminated prior to the termination date below, or ownership is not transferred to Agency, it shall be the responsibility of Agency to return the Mobile Tower to the location specified by State, but limited to locations within the cities of Bend or Salem, Oregon. 2. Term. The term of this Agreement shall commence on the date of the last signature below and shall terminate on June 30, 2020 or on the date ownership of the Mobile Tower is transferred to Agency. 3. Termination. Either Party may terminate this Agreement upon thirty (30) days' notice for any reason. a. State may terminate this Agreement immediately upon notice to Agency for any of the following reasons: i. If Agency fails to perform any of the provisions of this Agreement or the Reservation, or after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. ii. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to perform its obligations in this Agreement. iii. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that the provisions of this Agreement are prohibited. 4. Contribution a. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against a Party to an Agreement (the "Notified Party") with respect to which the other Party to an Agreement ("Other Party") may have liability, the Notified Party must promptly notify the Other Party in writing of the Third Party Claim and deliver to the Other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Either party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by the Other Party of the notice and copies required in this paragraph and meaningful opportunity for the Other Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to the Other Party's liability with respect to the Third Party Claim. b. With respect to a Third Party Claim for which the State is jointly liable with the Agency (or would be if joined in the Third Party Claim ), the State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the Agency in such proportion as is appropriate to reflect the relative fault of the State on the one hand and of the Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the State on the one hand and of the Agency on the other hand is determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances 2 resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if the State had sole liability in the proceeding. c. With respect to a Third Party Claim for which the Agency is jointly liable with the State (or would be if joined in the Third Party Claim), the Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by the State in such proportion as is appropriate to reflect the relative fault of the Agency on the one hand and of the State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of the Agency on the one hand and of the State on the other hand is determined by reference to, among other things, the parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. The Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law if it had sole liability in the proceeding. This contribution provision shall also be applicable to any claims for environmental contamination. 5. Insurance Each Party shall provide insurance or self-insurance for each Agreement as described below: a. State is self-insured under ORS 30.282(2) up to the limits described in ORS 30.269 to 30.273. In addition, the State has qualified for self-insurance under ORS 806.130 of the Oregon Vehicle Code up to the limits as set forth in ORS 806.070. Upon request by the Agency, the State shall provide written proof of self-insurance to the Agency. b. Agency shall, at its own cost and expense, either (1) secure and maintain a policy of insurance from a qualified insurance company(s) through the term of this Agreement, (2) provide similar type protection through an Administrative Trust commonly known as City County Insurance Services, or (3) establish and maintain a self-insurance program under ORS 731.036 and ORS 30.282. In either case, Agency shall secure liability protection with respect to its operations and operations of its officers, employees, and agents including volunteers acting within the scope of their employment or duties arising out of a governmental or proprietary function, equivalent to the limits identified in the Oregon Tort Claims Act, ORS 30.260 through 30.300. 3 c. Insurance certificates will be located in the Parties' files and will be made available upon request by any of the Parties. d. All employers, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Both Parties shall ensure that each of its subcontractors complies with these requirements. 6. Independent Contractors. The Parties agree and acknowledge that their relationship is that of independent contracting parties and neither Party is an officer, employee or agent of the other Party as those terms are used in ORS 30.265 or other applicable statute. 7. Successors and Assigns. This Agreement is binding upon the Parties and their successors. Neither Party may assign its rights or delegate its obligations under this Agreement without the written consent of the other Party. 8. Modifications. Any amendments or modifications of this Agreement must be in writing and will be effective only after each Party has signed the amendment. 9. Waiver. No waiver of any breach of any term, covenant or condition of this Agreement constitutes a waiver of any subsequent breach of the same or any other term or condition. 10. Mediation. The Parties shall exert every effort to cooperatively resolve any disagreements they may have under this Agreement. If the Parties are unable to resolve a conflict under this Agreement, they shall present their disagreements to a mutually agreeable mediator for mediation. Each Party shall bear its own costs for mediation and the Parties shall share the cost of the mediator. This procedure must be followed to its conclusion prior to either Party seeking relief from the court, except in the case of an emergency. 11. Notice. Any notice required or permitted to be sent under this Agreement will be deemed sent when it is deposited in the United States Mail, postage prepaid, addressed to the other party or parties at the following address, or at a new address, if such new address has been given to the other parties: AGENCY: Deschutes County 9-1-1 Systems Manager, or designee P.O. Box 6005 Bend, OR 97701 Phone: (541) 388-0185 Email: tim.beuschlein@deschutes.org 11 ODOT: Wireless Section Communications Section Manager or designee 455 Airport Road SE, Building C Salem, Oregon 97301 Phone: 503-986-2911 Email: WirelessWorkOrderDesk@odot.state.or.us 12. Force Majeure. No Party is liable for breach or delays in the execution of its obligations due to causes beyond its reasonable control including but not limited to acts of God, fires, strikes, labor disturbances, floods, epidemics, quarantine restrictions, war, insurrection or riot, acts of a civil or military authority, compliance with priority orders or preference ratings issued by the federal government, acts of government authorities with respect to revocation of export or re-export permits/licenses, wrecks, or unusually severe weather. The Party that cannot perform shall, however, make all reasonable efforts to remove or eliminate such cause of delay or breach and, upon the cessation of the cause, shall diligently pursue performance of its obligations under this Agreement. In the event of any such delay, the required date of services will be extended for a period of time equal to the period of the delay, or as short a period as is reasonably possible. 13. Governing Law. The terms of this Agreement are to be construed according to the laws of the State of Oregon. Any claim, action, suit or proceeding ("claim") between the Parties that arise from or relate to this Agreement shall be brought and conducted solely and exclusively in the Circuit Court of Marion County, Oregon. Except as provided in this section, neither Party waives any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. THE PARTIES, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENT TO THE IN PERSONAM JURISDICTION OF SAID COURT. THE PARTIES, by execution of this Agreement, hereby acknowledge that its signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. SIGNATURE PAGE TO FOLLOW 5 Deschutes County 9-1-1 Service District, by and through the Board of Commissioners of Deschutes County, Oregon, as the Governing Body of the 911 County Service District By Date By Date By Date 31 STATE OF OREGON, by and through its Department of Transportation By State Maintenance and Operations Engineer Date APPROVAL RECOMMENDED By ODOT/OSP Wireless Section Manager Date