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2018-175-Minutes for Meeting April 16,2018 Recorded 5/22/2018UT E S CpGZ o ` BOARD OF COMMISSIONERS Recorded in Deschutes County 1300 NW Wall Street, Bend, Oregon Nancy Blankenship, County ClerkCommissioners' Journal (541 ) 3 88-6 570 < 2018-175 CJ2018-175 05/22/2018 9:44:36 AM MONDAY, APRIL- 16, 2018 BARNES & SAWYER ROOMS Present were Commissioners Tammy Baney, and Anthony DeBone. Commissioner Phil Henderson was excused. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. Several citizens and representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 1:33 p.m. This portion of the Work Session was conducted in the Barnes and Sawyer Rooms. ACTION ITEMS 1. Marijuana Regulations / Programmatic Changes Community Development Department staff Nick Lelack and Peter Gutowsky presented this item for discussion to consider the Deschutes County marijuana regulations. Discussion will include imposing a 45 or 60 -day pause in the processing of marijuana applications, increasing planning fees, and developing a process and timeline on the possibility of imposing a cap on the number of marijuana permits in Deschutes County. PAGE 1 OF 6 Commissioner DeBone noted he is generally pleased with the original regulations but recognizes that there may be an opportunity to make improvements to the regulations. Commissioner Baney noted the land use impacts and wants to increase opportunities for enforcement to combat the challenges of medical marijuana operations, black market, operational density and water regulations. The Oregon Health Authority has stated enforcement wasn't a priority for the medical marijuana licenses however Deschutes County enforcement needs to ensure land use is included in their process. The Board feels the 984 medical marijuana grows need to be in compliance with Deschutes County land use and that unauthorized operations need to be shut down. The question of imposing a cap. If comparing with Airbnb for the City of Bend, there were regulations put in place. The Board spoke on public outreach and options to choose from for density. Mr. Lelack noted research and basis of imposing caps would be done by Community Development Department for Work Sessions in early May to determine where to start the text amendment process and public comment period by a public hearing. Mr. Gutowsky spoke on the density provisions regarding the Airbnb cap with the City of Bend. The Board directed Community Development Department to draft a letter to Oregon Health Authority and Oregon Liquor Control Commission regarding over production and land use compliance and a letter requesting clarity to Oregon Water Resources on our ground water challenges. The Board had approved an additional Deputy Sheriff for MJ enforcement and is waiting for Deputy County Administrator Kropp to bring forward a budget adjustment. County Administrator Anderson suggested Mr. Kropp begin the recruitment immediately prior to the budget adjustment request. Regarding planning fees, the Board discussed varying levels of application fees. Mr. Gutowsky explained the process of setting fees and staff time. Commissioner DeBone noted public input is welcome as this is a legislative process. Commissioner Baney commented if OLCC and OHA are approving licenses within the County how are they considering impact regarding land use in Deschutes County. Mr. Gutowsky inquired if having a date of reasonable WATO MIN response from OLCC and OHA would be helpful. A response for the first week of May will be requested. Commissioner Baney suggested consideration of evening hours for a public hearings regarding this topic. RECESS: At the time of 2:08 p.m. a recess was taken in order to re -adjourn upstairs in the Allen Conference Room. The meeting was re -adjourned at 2:12 p.m. 2. Overview of Health Services Fund Structure - this item was delayed for a future meeting. 3. Possible Marijuana Production Appeal, 65490 Tweed Road, Bend Isabella Liu, Community Development Department, presented this appeal that relates to an application filed to request converting an existing marijuana production facility licensed by the Oregon Health Authority to a marijuana production facility licensed by the Oregon Liquor Control Commission for a property located within the Exclusive Farm Use Zone. Ms. Liu noted there have not been any letters of opposition received yet and the deadline is 5:00 p.m. BAN EY: Move approval of Order No. 2018-023 DEBONE: Second VOTE: BAN EY: Yes HENDERSON: Absent, excused DEBONE: Chair votes yes. Motion Carried 4. Possible Marijuana Production Appeal, 64030 OB Riley Road, Bend Zechariah Heck, Community Development Department, presented this appeal that relates to an application filed to request establishing a marijuana production facility within the Multiple Use Agricultural Zone. Mr. Heck noted there have not been any letters of opposition received yet and the deadline is 5:00 p.m. BAN EY: Move approval of Order No. 2018-021 DEBONE: Second VOTE: BAN EY: Yes HENDERSON: Absent, excused DEBONE: Chair votes yes. Motion Carried S. March 2018 Treasurer's Report and Financial Reports Wayne Lowry, Finance Director reviewed the investment portfolio. Rates continue to climb. Mr. Lowry reviewed the financial reports and schedule of financial operating data. Discussion held on the upcoming budget week and the need for Health Services to have an extended session due to the complexity of the department and services. The RV park was mentioned due to the projected revenues of $319,000 with 106 sites at the park. OTHER ITEMS: • Assistant Legal Counsel Adam Smith received a letter from an attorney Steven Liday on behalf of Aleta Warren regarding the Historic Landmarks Commission (HLC) designation of Central Oregon Canal Historic District (Ward Road to Gosney Road segment) to the National Register of Historic Places. Community Development Department staff present for the discussion were Nick Lelack, Peter Gutowsky, and Zechariah Heck. The Historic Landmarks Commission has a public hearing this evening related to the Central Oregon Canal Nomination. To clarify, a draft letter was prepared PAGE 4 OF 6 for Board consideration that could be presented at the hearing this evening. Discussion held on the hearing and public review process. Mr. Heck reviewed the process of tonight's HLC meeting. Staff from the State Historic Preservation Office will be calling in this evening to participate as well. Public comment period would be open through Friday April 20 and an open public hearing would then be held in two weeks. Commissioner Baney is supportive of the direction of the letter. BAN EY: Move approval DEBONE: Second VOTE: BAN EY: Yes HENDERSON: Absent, excused DEBONE: Chair votes yes. Motion Carried ® County Administrator Anderson inquired if the Board wanted to have discussion on the invoice for the Central Oregon Intergovernmental Council membership dues. Discussion held on the time for COIC to possibly create mission and goals for COIC. DEBONE: Move approval of payment BAN EY: Second VOTE: BAN EY: Yes HENDERSON: Absent, excused DEBONE: Chair votes yes. Motion Carried COMMISSIONERS UPDATES: • Commissioner Baney noted that Wednesday the Governor is in town for Regional Solutions. Commissioner Baney asked if the meeting could begin at 1:00 p.m. Upon discussion the Work Session will remain at 1:30 p.m. • Commissioner DeBone mentioned the Bend MPO meeting is tomorrow. PAGE 5OF6 County Administrator Anderson stated the City of Bend would be interested in reviewing applications for the 9-1-1 Director. Discussion held on the formation and purpose of the 9-1-1 User Board. Being no further items to come before the Board, the meeting was adjourned at 3:36 p.m. HIYG.HENDERSON, VICE CHAIR ETOX 0 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, MONDAY, APRIL 16, 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. March 2018 Treasurer's Report and Financial Reports - Wayne Lowry, Finance Director/Treasurer 2. Overview of Health Services Fund Structure - James Wood, Health Services Management Analysit 3. Marijuana Regulations / Programmatic Changes - Nick Lelack, Community Development Director 4. Possible Marijuana Production Appeal, 65490 Tweed Road, Bend - Isabella Liu, Associate Planner 5. Possible Marijuana Production Appeal, 64030 OB Riley Road, Bend - Zechariah Heck, Associate Planner COMMISSIONER'S UPDATES EXECUTIVE SESSION Board of Commissioners Work Session Agenda Monday, April 16, 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 MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Work Session Agenda Monday, April 16, 2018 Page 2 of 2 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 16, 2018 DATE: April 11, 2018 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Marijuana Regulations / Programmatic Changes RECOMMENDATION & ACTION REQUESTED: Staff seeks direction on options relating to Deschutes County's marijuana program that warrant further consideration. Staff can return at a subsequent work session with detailed work plans addressing any desired option(s). ATTENDANCE: Nick Lelack, AICP, Community Development Director; Peter Gutowsky, AICP, Planning Manager Background: The Board of County Commissioners directed staff to schedule a follow-up work session on Monday to discuss: • Imposing a 45- or 60 -day "pause" in processing marijuana applications to focus on amending the County's marijuana regulations among other issues, such as working with state agencies to obtain well data. • Increasing planning fees to accurately the cover the costs of processing marijuana land use applications; and, • Developing a process and timeline to amend the County's marijuana regulations such as imposing a cap on the number of marijuana permits in Deschutes County and/or density limits in geographic areas such as Alfalfa and Tumalo. Y' } } C / ! a . r) [P Wl ILTiIVAIS] :L101IdILYA TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager DATE: April 12, 2018 SUBJECT: Marijuana Regulatory Assessment / Work Session / Program Options I. BACKGROUND The Board of County Commissioners (Board) conducted a work session on April 11, 2018, to review the Draft Marijuana Regulatory Assessment options and other implementation approaches pertaining to the following: • Two limited duration positions in the Central Oregon Drug Enforcement (CODE) team jointly funded by the City of Bend and Deschutes County; • Hearings officer deposits, 60 -day pause, marijuana production caps, frequent inspections, lighting and odor control, density limits, and land use fees; • Oregon Health Authority, medical marijuana grow sites, registry and enforcement; • OLCC / Governor's Office / US Attorney Billy Williams marijuana overproduction and inspection; • Advisory vote to gain input on marijuana production caps, density, and possibly a moratorium; and, • Well data. II. BOARD DIRECTION The Board directed staff to schedule a follow-up work session to discuss: • Imposing a 45- or 60 -day "pause" in processing marijuana applications to focus on amending the County's marijuana regulations among other issues, such as working with state agencies to obtain well data. • Increasing planning fees to accurately the cover the costs of processing marijuana land use applications; and, • Developing a process and timeline to amend the County's marijuana regulations such as imposing a cap on the number of marijuana permits in Deschutes County and/or density limits in geographic areas such as Alfalfa and Tumalo. III. MATERIALS FOR CONSIDERATION Marijuana Regulations Amendments To the extent the Board contemplates amending marijuana regulations utilizing the most expeditious process possible, staff offers a tentative schedule. Monday, April 30: Board work session to discuss specifics of regulations to be amended. Wednesday, May 2: Board work session — continued discussion of regulations to be amended (if necessary). Monday, May 7: Board work session to review & revise draft amendments. Wednesday, May 9: Board work session to complete revisions of draft amendments to be initiated for public review and hearing. Monday, May 21: Issue DLCD 35 -day notice and Measure 56 for first public hearing. Thursday, June 14: Planning Commission reviews proposed amendments (public hearing not required). Wednesday, June 27: Board public hearing(s) — day and evening hearings June 27 -July 5: Open written record Wednesday, July 11: Deliberations (direction to staff on revisions to draft amendments) Monday, July 16: Deliberations (review revised amendments per July 11 Board direction) Monday, July 23: Adopt by emergency Planning Fees The Community Development Department recently submitted to the Finance Department requested fee adjustments for FY 2018-2019. One of the adjustments pertains to increasing fees for marijuana production or processing from $1,537 to $3,400 to cover the actual cost of services. Matrix Attached is a matrix summarizing Deschutes County's marijuana production and processing standards, including recent interpretations from Board decisions. 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U" w O • • • Q 0,0 C • • • • • • M co 0) a > CN N O +_ E E o a, 3 ' E flo- > a, U > °) O ro c O � O u OL M a) Q W v u c> c c CL a ow +� + 0--a i 0 E E E > M O_ 'a f6 •0 O fl_ a) E O m 0 O N + E> o N O v OJ N o N C > L .� co 1 ca ca N •� +, +� m 0 aXi aj m c -o L it H M d C E N Q O u N O a CL D ru Z `m L O 3 v a, cc c a v in a, s 0 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of April 16, 2018 DATE: April 6, 2018 FROM: James Wood, Health Services, TITLE OF AGENDA ITEM: Overview of Health Services Fund Structure RECOMMENDATION & ACTION REQUESTED: This presentation is for information only; there is no staff recommendation. ATTENDANCE: Health Services staff: James Wood, Business Manager; Dave Inbody, Deputy Director; George A. Conway, Director SUMMARY: As requested, Mr. Wood will discuss Health Services fund structure and why/how funds are placed into other reserve accounts. UO U I 4) V) 4-j m (3) Z 00 r -I 0 N r -I d' 0 Ln E Ln to Li- Y N: � Q � 0 rn 0 N 00 rH O N O d M O Ln N ® o Lr) Zt SUOIIHw O LL lD O00N u Z m U U q 1V W L n 4{ m l- O 4-1N m � N r0n V L t ,poe y O CL N e -i O N -0 � � 4J ri o U - a) (D O N O d M O Ln N ® o Lr) Zt SUOIIHw a r�l�'1� i �,J ;� fzi �a s� z ,3„� Us � �'��', V1rA � ,.A �y �� i i�� r�� " >'� ti � ��' i �a c �S�. n y';$i� ..'�' 14.E l '�.� � �l ?�� '�� 3�L »� nsy�"�' ��1 ,t''>' ��Le�-5��.� � USS i-'t\'F'. S�l�?'�' � � r "a w � � 3, 7�e F��2� �y'�i �� .� C�� i � ©/ �$ca`F�FY�iy %� S � N� �� C ��1�� a�� `� �� }�j$�� q ✓Zit � �`" "b't"��5�'.=�..1��.��T��:� .� �'o �. �� ^s, :a.'a�}.`.ate' 2�i`�'`. 1 „ W U ��;. � L °� r# N = �'"` 1 � �� .N � �;: [0 ' � �''> �� N O �, _ � O:' N ` � z O ^+-� 4- ; � N , T5 s � ' �. � :: ,�-+ O. � LL � � O O� � �;m �: � �, �, Q1 '�'- 1 � / O 00 lD Ct N O 00 l0 d N N r -I ri ri r -I r -i MUS HIM 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 April 16, 2018 DATE: April 10, 2018 FROM: Isabella Liu, Community Development, TITLE OF AGENDA ITEM: Possible Marijuana Production Appeal, 65490 Tweed Road, Bend BACKGROUND AND POLICY IMPLICATIONS: Before the Board of County Commissioners is a possible appeal of an administrative decision approving a marijuana production facility in the Exclusive Farm Use Zone proposed by David Day. The Board will consider Order No. 2018-023 and whether to call up the matter for review if the decision is appealed. See attached staff administrative decision for further background information. FISCAL IMPLICATIONS: None ATTENDANCE: Izze Liu, Associate Planner Community Development Department -4 Planning Division Building Safety Division Environmental Soils Division a P.O. Box 6405 117 NW Lafayette Avenue Bend, Oregon 97708 6405 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschLites.org/cd STAFF MEMO Date: April 10, 2018 To: Board of County Commissioners From: Izze Liu, Associate Planner Re: Administrative Decision (File No. 247 -17 -000994 -AD) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on April 16th at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File No. 247 -17- 000994 -AD) approving a marijuana production application. I. Application On December 15, 2017, an application was filed for an Administrative Determination (AD) to establish a marijuana production facility at 65490 Tweed Road, Bend. The applicant requested approval to convert an existing marijuana production facility licensed by the Oregon Health Authority (OHA) to a marijuana production facility licensed by the Oregon Liquor Control Commission (OLCC). The subject property is located within the Exclusive Farm Use (EFU) Zone, and the proposal consists of a maximum mature plant canopy size of 625 square feet within a fully enclosed structure. 11. Decision On January 25, 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 April 3, 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 April 16, 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 June 25, 2018. Quality Services Performed with Pride V. Board Options Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12th day following the mailing date of this decision is April 16, 2018. Attachment 3 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 No. 247 -17 -000994 -AD 2. Site Plan 3. Board Order to Initiate Review -2- Attachment 1 — Administrative Determination This page intentionally left blank. FILE NUMBER: APPLICANT/OWNER: Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd FINDINGS & DECISION 247 -17 -000994 -AD David Day PROPOSAL: The applicant requests approval of an Administrative Determination to convert an existing medical marijuana production facility (grow) licensed by the Oregon Health Authority (OHA) to a recreational marijuana production facility licensed by the Oregon Liquor Control Commission (OLCC) in the Exclusive Farm Use Zone. STAFF CONTACT: Izze Liu, Associate Planner, isabella.liu(cDdeschutes.org, (541) 388-6554. I. APPLICABLE CRITERIA: Deschutes County Code: Title 18, Deschutes County Zoning Ordinance Chapter 18.04. Title, Purpose and Definitions Chapter 18.16. Exclusive Farm Use Zones (EFU) Chapter 18.84. Landscape Management Combining Zone (LM) Chapter 18.92. Conventional Housing Combining Zone (CH) 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 65490 Tweed Road, Bend, OR 97703; and is further identified on the County Assessor's Map No. 16-11- 22, as tax lot 101. B. LOT OF RECORD: The subject property is a legal lot of record as it was originally created by partition in 1979 (reference MP -78-86). In 1986, the Deschutes County Planning Division approved a property line adjustment, which resulted in the current configuration of the property (reference land use file no. LL -86-47). C. ZONING: The subject property is zoned Exclusive Farm Use — Tumalo/Redmond/Bend subzone (EFU-TRB) and is also in the Landscape Quality Services Perjiirrned with Pride Management and Conventional Housing Combining Zones. The subject property is designated agricultural in the Deschutes County Comprehensive Plan. D. SITE DESCRIPTION: The subject property is +/- 32.53 acres in size and is irregular in shape. The majority of the property appears to be irrigated pasture. The property is developed with a single-family dwelling, one (1) shop building, and one (1) agricultural building. There is mature vegetation surrounding the dwelling and shop building in the southwest corner of the property. In addition, there are mature trees planted in the northwestern quarter of the property. The primary access to the property is via a gravel driveway extending east from Tweed Road. The property is currently receiving special assessment for farm tax deferral. E. PROPOSAL: The applicant proposes to convert an existing marijuana production facility (grow) licensed by the Oregon Health Authority to a marijuana production facility licensed by the Oregon Liquor Control Commission (OLCC). The existing marijuana production use is located in one (1) shop building on the southwest corner of the property. No changes are proposed to the location or size of the building for the marijuana production use. The applicant proposes a mature canopy area of 625 square feet. F. SURROUNDING LAND USES: The surrounding area is predominately zoned EFU and the properties appear to be engaged in farm use and residentially developed with single-family dwellings. G. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice of the applications to several agencies and received the following comments: 1. Bend Fire and Rescue: The following comments were received from Larry Medina, Deputy Chief of Fire Prevention: The following requirements shall be a condition of approval for the conversion of the medical marijuana grow to a recreational marihuana grow. General Safety Provisions Hazard Communication • Material Safety Data Sheets shall be on property and made easily accessible to the fire code official. • Containers and/or packages related to hazardous materials shall be properly labeled and warning signage shall be properly displayed and easily visible. • All persons shall be trained on what to do in the event of an emergency involving hazardous materials on the property. Building and Equipment Design Features Interior Finishes • Interior finishes (Visqueen® or Mylar® type plastic/polyethylene or polyester to cover walls and ceilings) must comply with flame spread ratings in accordance with Table 803.3 of the 2014 Oregon Fire Code. Exits and Exit Signage, Egress 247 -17 -000994 -AD Page 2 of 23 Security measures shall not conflict with the maintenance and operation of exiting and egress. • Means of egress shall not be concealed in any way. Section 1008.1 of the 2014 Oregon Fire Code. • Exit doors and their function shall not be eliminated or modified in any way without prior approval of the Building Official. Section 1001.2 of the 2014 Oregon Fire Code. Locks and Key Box • Gates across fire apparatus access road shall be approved by the fire code official. Section 503.6 of the 2014 Oregon Fire Code. The installation of a Knox Box® and/or Knox® Key Override shall be installed to provide rapid entry. Section 506.1 of the 2014 Oregon Fire Code. • Slide bolts and security bars installed on emergency egress doors are prohibited. Section 1008.1.9.4 of the 2014 Oregon Fire Code. Provide 10 Ib. ABC 4A:80B:C portable fire extinguishers through the facility to achieve a maximum travel distance of no more than 75 feet to each fire extinguisher. Section 906.1 of the 2014 Oregon Fire Code. Buildings/facilities associated with the production of marijuana shall have at least one all-weather road 20 feet wide and supporting fire apparatus up to 60,000 GVW. Section 503.2 of the 2014 Oregon Fire Code. Provide information to the fire code official on the use of Carbon Dioxide and Carbon Dioxide generators related to the marijuana production operation. The use of Carbon Dioxide or Carbon Dioxide Generators creating an asphyxiation hazard shall require monitoring, detection and an audible alarm. Chapter 50 of the 2014 Oregon Fire Code. 2. Central Electric Cooperative, Inc.: The following comments were received from Parneli Perkins, Lands Specialist: December 22, 2017: CEC requests the applicant apply for a new electrical service by calling Bob Fowler at 541-312-7778 and provide electrical load and demand requirements for this activity. CEC will determine if capacity is available. January 2, 2018: The applicant doesn't need to submit additional information. Since, no additional loads are going to be need for this activity CEC has no concerns. 3. Deschutes County Building Division: The following comments were received from Randy Scheid, Deschutes County Building Official: 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. 247 -17 -000994 -AD Page 3 of 23 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. 4. Deschutes County Road Department: The following comments were received from Cody Smith, P.E., County Engineer: I have reviewed the application materials for the above -referenced file number, proposing the conversion of an existing medical marijuana production facility to a recreational marijuana production facility with 625 sq. ft. of mature canopy at 65490 Tweed Road, Bend. The subject property is bordered by Tweed Road to the west. Tweed Road is a County -maintained rural local road. Deschutes County Road Department does not have any requested conditions of approval for the proposed land use. 5. Deschutes County Transportation Planning: The following comments were received from Peter Russell, Senior Transportation Planner: 1 have reviewed the transmittal materials for 247 -17 -000994 -AD for a 1,480 -square foot marijuana production (growing) operation in the Exclusive Farm Use (EFU), Landscape Management (LM), and Conventional Housing (CH) zones at 65490 Tweed Road, aka 16-11-22, Tax Lot 101. 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 for 625 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 marijuana production as the application is not going through site plan review and thus does not need to show compliance with DCC 18.124.080(J). The applicant stated the site was previously approved for a medical marijuana grow. The application, however, does not say if the size of the grow remains the same. The application should provide documentation that this site was approved for a medical grow. The SDC calculation below is based on the lack of documentation on the medical grow site; in other words staff assumed this is an undeveloped site. If the applicant can provide documentation the site was approved by the State of Oregon or the County as a medical grow, then transitioning from medical to recreational would not trigger an SDC as long as the size of the grow remained the same. If the recreational grow is larger than the medical grow, the SDC is based on the difference between the two. Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The ITE indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant proposes a 1,480 -square -foot building (37 X 40) to produce 625 square feet of mature canopy. The County's SDC is based on the building's total square footage related to 247 -17 -000994 -AD Page 4 of 23 cannabis production and support and not the square footage of the mature canopy. The 1,480 square feet of greenhouses would produce 0.47 p.m. peak hour trips (1.48 X 0.32). The resulting SDC is $1,850 (0.47 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. 6. Oregon Water Recourses Department (Watermaster — District 11): The following comments were received from Kyle Gorman, Manager, South Central Region, in response to the use of water supplied by Bend Water Hauling, which is sourced from Avion Water: Avion has quasi -municipal water rights and a quasi -municipal water right is essentially a water right that enjoys all uses as a municipal water provider but without being a municipality. However, the quasi -municipal provider may be restricted to delivery within the service boundary and it is not known whether this is enforceable. At this time, our Department's policy is to treat Municipal and Quasi -municipal water providers with regards to cannabis water delivery the same. The water hauler, if they chose, can source the water from the City of Bend under their municipal water rights which are not restricted to a service boundary. Our definitions of Quasi -municipal. (40) "Quasi -Municipal Water Use" means the delivery and use of water through the water service system of a corporation other than a public corporation created for the purpose of operating a water supply system, for those uses usual and ordinary to municipal water use, or a federally recognized Indian tribe that operates a water supply system for uses usual and ordinary to a municipal water use. A quasi -municipal water right shall not be granted the statutory municipal preferences given to a municipality under ORS 537.190(2), 537.230(1), 537.352, 537.410(2), 540.510(3), 540.610(2), (3), or those preferences over minimum streamflows designated in a basin program. Tumalo Irrigation District: The following comments were received from Chris Schull, District Watermaster: This letter is to confirm that there are 16.00 total acres of water rights appurtenant to the above referenced property, delivered by Tumalo Irrigation District. Please see the enclosed aerial map that shows the footprint of where these water rights are mapped. The water right footprint cannot cover any buildings or other areas that you cannot water, such as a driveway or marijuana processing facility. The only buildings that can be covered with the irrigation water right footprints are buildings that will be used for growing crops. If a water transfer is needed to correct this, the cost is $1,406.00, and the new location must be beneficially used in the year in which the transfer takes place. In the State of Oregon, the irrigation of marijuana is considered a beneficial use for the District's water rights. Water rights may only be used 247 -17 -000994 -AD Page 5 of 23 during the official irrigation season as documented in certificates 74146 and 74147, issued by the State of Oregon. Tumalo Irrigation District's water right certificates, 74146 and 74147, allow use from April 1 to Nov 1. Outside of this time frame, Tumalo Irrigation District water rights cannot be used for irrigation. Those wishing to grow outside of the specified irrigation season must find alternate sources, such as water hauling or a well water right issued by the State. For more information please call our District Office. 8. The followinq agencies did not respond or had no comments: Deschutes County Code Enforcement, Deschutes County Property Manager, and Pacific Power & Light. H. PUBLIC COMMENTS: The Planning Division mailed written notice of this application to property owners within 750 feet of the subject property on December 20, 2017. In addition, the applicant submitted a Land Use Sign Affidavit indicating a proposed land use action sign was posted on the property on December 29, 2017. Below staff has attempted to summarize requests and concerns identified by the public in written comments received prior to the date of this decision: Opposition: 1. Odor impacts 2. Noise impacts 3. Lighting impacts 4. Illegal use of ground water and irrigation water 5. Traffic impacts 6. Monitoring of retail sales 7. Possible impacts on the aquifer 8. Proximity of use to the Three Sisters Scenic Bikeway 9. Background of applicant 10. Safety and increased violence in the area 11. Negative impact on property values STAFF COMMENT: Applicable criteria of the DCC are addressed in the Findings. The concerns listed under 7 through 11 above are not associated with approval criteria. For this reason, staff does not address them in this decision. REVIEW PERIOD: File no. 247 -17 -000994 -AD was submitted on December 15, 2017. An incomplete letter was issued on January 12, 2018 requesting additional information. The applicant submitted the requested information on January 25, 2018 and the application was deemed complete. The 150th day on which the County must take final action on this application is June 25, 2018. 247 -17 -000994 -AD Page 6 of 23 III. FINDINGS: Title 18 of the Deschutes County Code, County Zoning. A. CHAPTER 18.04. TITLE, PURPOSE AND DEFINITIONS. Section 18.04.030. Definitions. "Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae, and the seeds of the plant Cannabis family Cannabaceae. Marijuana does not include industrial hemp as defined in Oregon Revised Statutes 571.300. "Marijuana production" means the manufacture, planting, cultivation, growing, trimming, harvesting, or drying of marijuana, provided that the marijuana producer is licensed by the Oregon Liquor Control Commission, or registered with the Oregon Health Authority and a "person designated to produce marijuana by a registry identification cardholder. " FINDING: The applicant proposes to establish a marijuana production facility on the subject property licensed by OLCC. B. CHAPTER 18.16. EXCLUSIVE FARM USE ZONES. Section 18.16.020. Use Permitted Outriqht. The following uses and their accessory uses are permitted outright.- S. utright. S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The proposed marijuana production facility is a use that is permitted outright in the EFU Zone, subject to the provisions of DCC 18.116.330 which are addressed below. 18.16.060. Dimensional Standards. E. Building height No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The proposed building has a maximum height of +/- 20 feet. This criterion is met. 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. 247 -17 -000994 -AD Page 7 of 23 FINDING: The west property line has frontage on Tweed Road, a designated local street, requiring a 40 -foot front yard setback. The existing structure has a 280 -foot front yard setback. This criterion is be met. 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. FINDING: The north and south property lines are the side property lines. The required side yard setback is 25 feet. The structure has at least a 170 -foot setback to all side lot lines. This criterion is be met. 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. FINDING: The east property line is the rear lot line. The required rear yard setback is 25 feet. The structure has at least a 900 -foot rear yard setback. This criterion is met. 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 structure has been reviewed by the Building Division. No additional setbacks were required. C. CHAPTER 18.84. LANDSCAPE MANAGEMENT COMBINING ZONE. Section 18.84.020. Application of Provisions. The provisions of DCC 18.84 shall apply to all areas within one-fourth mile of roads identified as landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions of DCC 18.84 shall also apply to all areas within the boundaries of a State scenic waterway or Federal wild and scenic river corridor and all areas within 660 feet of rivers and streams otherwise identified as landscape management corridors in the comprehensive plan and the County Zoning Map. The distance specified above shall be measured horizontally from the center line of designated landscape management roadways or from the nearest ordinary high water mark of a designated landscape management river or stream. The limitations in DCC 18.84.20 shall not unduly restrict accepted agricultural practices. FINDING: Highway 20 is identified in the Comprehensive Plan and on the County Zoning Map as a Landscape Management feature. The subject property falls partially within the 247 -17 -000994 -AD Page 8 of 23 Highway 20 Landscape Management Combining Zone (see Figure 1 below). Based on the submitted site plan, the proposed marijuana production use will be sited in a shop building located outside of the Landscape Management Combining Zone. Therefore, the provisions of this chapter do not apply. D. CHAPTER 18.92. CONVENTIONAL HOUSING COMBINING ZONE. Section 18.92.020. Permitted Uses. All outright and conditional uses allowed in the underlying zone except that in no case shall a housing type be allowed that is other than conventional or modular housing permanently attached to real property. FINDING: The proposed marijuana production facility is a use that is permitted outright in the underlying EFU Zone, subject to the provisions of DCC 18.116.330, which are addressed below. The applicant does not propose any new housing. Therefore, the proposed use is also permitted outright in the CH Combining Zone. This chapter is met. E. 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. 2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tut, Rl, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, Rl, SUC, SUTC, and SUBP zones. 247 -17 -000994 -AD Page 9 of 23 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant proposes to establish a marijuana production facility in the EFU Zone. Therefore, 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: As addressed in the Basic Findings above, the subject property is a legal lot of record and has a lot area of +/- 32.53 acres. This criterion is met. 2. Indoor Production and Processing. a. In the MUA-10 zone, marijuana production and processing shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non- rigid structures is prohibited. b. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. C. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The subject property is zoned EFU. The applicant proposes to establish the use within a fully enclosed structure. Staff finds this criterion will be met and adds the following condition to ensure compliance with the requirements of this section. Prohibited Uses: Marijuana production is prohibited in any outdoor area. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and 247 -17 -000994 -AD Page 10 of 23 ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. C. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. FINDING: As addressed above, the subject property has a lot area of +/- 32.53 acres. The applicant proposes a maximum area of 625 square feet for mature marijuana plants, as allowed under subsection (c) for properties equal to or greater than 20 acres to less than 40 acres in lot area. Staff finds this criterion will be met and adds the following condition to ensure compliance with the requirements of this section. 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. FINDING: The subject property is not located in the MUA-10 Zone. This criterion does not apply. 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 subject property is one (1) legal lot of record and will include one (1) OLCC licensed marijuana production site. The applicant states the current Oregon Health Authority (OHA) registration will be surrendered or moved to a new property upon OLCC licensing. This criterion will be met. 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 proposes to establish the marijuana production use inside one (1) existing building sited on the southwest quarter of the subject property. Based on the submitted site plans, the proposed marijuana production building will have at least a 170 -foot setback to all lot lines. This criterion will be met. 247 -17 -000994 -AD Page 11 of 23 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: Based on the submitted application materials and staff's review of surrounding properties, the closest off-site dwelling is +/- 450 feet southeast of the proposed marijuana production building'. 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. 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: L A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and V. National monuments and state parks. b. For purposes of DCC 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 1 Staff notes subsection (b) requires the measurement be taken from the proposed marijuana production structure to an off-site dwelling (i.e. not the lot lines). 247 -17 -000994 -AD Page 12 of 23 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(6)(7) if the use is: I. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. FINDING: The applicant's burden of proof states the proposed use will be greater than 15,000 feet from the nearest elementary school, secondary school, or childcare center. Based on staff's review of Deschutes County records, no properties within 1,000 feet of the subject property appear to be engaged in a use described in this section or are subject to subsection (c). These criteria are met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards [ ... J FINDING: The applicant proposes to establish a marijuana production facility with 625 square feet of canopy area for mature marijuana plants. This criterion does not apply. 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. FINDING: The proposed marijuana production use will be sited inside a fully enclosed building with no windows. Therefore, no light will be visible outside of the building from 7:00 p.m. to 7:00 a.m. on the following day. Staff finds this criteria will be met. C. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: Based on a staff site visit, the north exterior wall of existing building includes an unshielded light fixture. To ensure compliance with this criterion the following conditions have been added: 247 -17 -000994 -AD Page 13 of 23 Existing Exterior Lighting: Prior to County approval of the OLCC Land Use Compatibility Statement (LUCS) for the proposed marijuana use, the applicant must demonstrate the existing exterior light has been shielded or replaced with a new fixture in compliance with DCC 15.10. New Exterior Lighting: 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 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 a narrative report stamped by Robert E. James, P.E., a mechanical engineer licensed in the State of Oregon, describing how the proposed odor control system will meet the requirements of this section. Staff confirmed Mr. James's certificate number on the Oregon State Board of Examiners for Engineering and Land Surveying's website, which lists Mr. James's license information and identifies him as a mechanical engineer. Mr. James's report states: "The structure will use carbon filtration for odor mitigation purposes. This system is designed to manage any odor to not reasonably interfere with neighbors' use and enjoyment of their property. This system consists of multiple in-line fans with attached carbon filters. " 247 -17 -000994 -AD Page 14 of 23 As summarized in the table below, Mr. James's report provides a detailed analysis for the required odor mitigation in each room of the proposed marijuana production building: Location Vol. of Req. Air Fan and Filter Type System Room Flow Air Flow One (1) VTX600 In -Line Fan Flower Rooms 1,087 cubic ft 363 CFM (411 CFM @ 0.5") with an attached 411 CFM Vortex PR070s, 6" Flange Carbon Filter One (1) VTX800 In -Line Fan Veg/Clone Rm 1,450 cubic ft 484 CFM (591 CFM @ .5") with an attached 591 CFM Vortex PRO100, 8" Flange Carbon Filter Drying/Trimming One (1) VTX800 In -Line Fan Rm 1,356 cubic ft 452 CFM (591 CFM @ .5") with an attached 591 CFM Vortex PRO100, 8" Flange Carbon Filter Based on Mr. James's report, staff finds this criterion will be met and adds the following condition to ensure compliance with the requirements of this section. 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 narrative report stamped by Robert E. James, P.E., a mechanical engineer licensed in the State of Oregon, describing how the criteria above will be met. Mr. James's report states: "Regarding noise control (DCC 18.116.330(B)(11)(a)), the following factors assist in mitigating the sustained noise from the mechanical equipment used for HVAC, odor control, fans and similar functions to not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7.00 a.m, the following day: 1. DCC 18.116.330(B)(6) Marijuana production facilities shall have a minimum setback of 100 ft from the nearest property line. The structure is located approximately 110' from the south property line, 1,010' from the north property line, 955' from the east property line, and 270' from the west property line. 2. An ambient sound pressure level of 46 dBA was measured at the nearest property line (South) in the time window listed above. This measurement was taken with no mechanical equipment running. 247 -17 -000994 -AD Page 15 of 23 3. There was no measured difference at the nearest property line when the mechanical equipment was running. The measured sound pressure level was still 46 dBA. 4. Since the mechanical equipment does not affect the ambient sound pressure levels at the property lines, the intent of the code is met. Based on the engineer's report cited above, staff finds these criteria will be met and adds the following condition to ensure compliance with the requirements of this section. 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. FINDING: The applicant does not propose any new fencing. These criteria do not apply. 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 applicant proposes to retain the existing screening vegetation. Staff finds this criterion will be met and adds the following condition to ensure compliance with the requirements of this section. 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. 247 -17 -000994 -AD Page 16 of 23 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or C. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. FINDING: The applicant initially proposed to exclusively use water supplied from a private water provider. However, the applicant's incomplete letter response revised the proposal to include the use of irrigation water during the irrigation season (April — October). The applicant provided the following statement from Bend Water Hauling: "David Day has requested that Bend Water Hauling, LLC deliver potable water to the address mentioned above. We haul from Avion Water Company. We have an account for David Day to deliver 4,000 gallons a month for cattle, agricultural and farming use. If you have any questions or concerns please contact us at the office. " The Board of County Commissioners (BOCC) Tewalt decision (247 -17 -000217 -AD / 723-A), found the intention of verifying the public or private water provider as required under the criteria above is in part to ensure that applicant has access to a legal source of water that complies with all applicable state statutes and regulations. The Oregon Water Resource Department (OWRD) provided the following response regarding the proposed use of water supplied by Bend Water Hauling: "Avion has quasi -municipal water rights and a quasi -municipal water right is essentially a water right that enjoys all uses as a municipal water provider but without being a municipality. However, the quasi -municipal provider may be restricted to delivery within the service boundary and it is not known whether this is enforceable. At this time, our Department's policy is to treat Municipal and Quasi- municipal water providers with regards to cannabis water delivery the same. The water hauler, if they chose, can source the water from the City of Bend under their municipal water rights which are not restricted to a service boundary. Our definitions of Quasi -municipal. (40) "Quasi -Municipal Water Use" means the delivery and use of water through the water service system of a corporation other than a public corporation created for the purpose of operating a water supply system, for those uses usual and ordinary to municipal water use, or a federally recognized Indian tribe that operates a water supply system for uses usual and ordinary to a municipal water use. A quasi- municipal water right shall not be granted the statutory municipal preferences given to a municipality under ORS 537.190(2), 537.230(1), 537.352, 537.410(2), 540.510(3), 540.610(2), (3), or those preferences over minimum streamflows designated in a basin program. " In addition, the applicant provided a letter supplied by Tumalo Irrigation District to demonstrate compliance with all applicable state statutes and regulations: 247 -17 -000994 -AD Page 17 of 23 "This letter is to confirm that there are 16 total acres of water rights appurtenant to the above referenced property, delivered by Tumalo Irrigation District. See enclosed aerial map and the table below for the breakdown of the parcels with water rights. Address Parcel Acres 65490 Tweed Road 16-11-22-SE/NE-00101 5.5 65490 Tweed Road 16-11-22-NE/NE-00101 10.5 Total Acres of Water Rights 16.0 These water rights are free of federal oversight and are not subject to federal law, which prohibits the use of water from federal reclamation projects to grow marijuana. In the State of Oregon marijuana is a legal crop and is considered a beneficial use for the state's water rights. OAR 690-300-0010 definition; (26) "Irrigation" means the artificial application of water to corps or plants by controlled means to promote growth or nourish crops or plants. Examples of these uses include, but are not limited to, watering of an agricultural crop, commercial garden, tree farm, orchard, park, golf course, play field or vineyard and alkali abatement." Based on the submitted application materials and the agency responses above, staff finds the proposed water sources are legal sources of water that comply with all applicable state statutes and regulations. The following condition has been added to ensure compliance. 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 of cannabinoid extracts 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 BOCC Rubio decision (247-17-000038-A), found utility verifications must include details identifying the proposed operation or operational characteristics, such as required electrical load and timing of such electrical loads. The applicant submitted a "Will Serve" letter from Central Electric Cooperative, Inc. dated December 13, 2017. This letter from Central Electric Cooperative, Inc. states: "In response to your inquiry, please be advised that property located in T. 16S., R.11E., W.M., Section 22, Tax Lot 101, Deschutes County, Oregon, is within the service area of Central Electric Cooperative, Inc. Central Electric Cooperative has reviewed the provided load information (No increased load to existing 200 amp service) associated with the submitted cannabis 247 -17 -000994 -AD Page 18 of 23 grow operation and is prepared to service this location in accordance with the rates, policies and available system capacity of the Cooperative." Electric service is the only utility the proposal will utilize besides water. Therefore, staff finds the applicant has provided the necessary information to demonstrate Central Electric Cooperative, Inc. is able and willing to serve the proposed marijuana production facility. This criterion is 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: This section does not require security cameras, it simply limits what may be recorded by security cameras. The submitted application materials states cameras will be used and will be directed to record "inside [the] producing property". Staff finds this criterion will be met and adds the following condition to ensure compliance with the requirements of this section. 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's burden of proof response states the following: "The secure waste receptacle will be a locked metal bin located within [the] grow room. It will be maintained under control by [the] OL CC applicanbindoor producer." Staff finds this criterion will be met and adds the following condition to ensure compliance with the requirement of this section. Waste: Marijuana waste shall be stored in a secured waste receptacle inside the proposed building and be under the control of the OLCC licensee. 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 criterion does not apply. 247 -17 -000994 -AD Page 19 of 23 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 medical marijuana grow site was lawfully established prior to June 8, 2016 by OHA. The applicant proposes to convert this existing facility to a marijuana grow site licensed by OLCC, which requires compliance with all provisions of DCC 18.116.330(B). This criterion will be met. 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: None of the prohibited uses have been proposed by the applicant. Staff adds the following condition to ensure compliance with the requirements of this section. 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 247 -17 -000994 -AD Page 20 of 23 the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. C. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). FINDING: Compliance with the annual reporting obligation of this section is mandatory. The applicant has agreed to file the annual report each year in a timely manner. Staff adds the following condition to ensure compliance with the requirements of this section. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. Staff notes opposition comments expressed concerns regarding the County's enforcement of land use decisions and related Conditions of Approval. The Community Development Department administers the Code Enforcement program for the Building, Environmental Soils, and Planning Divisions. The mission of code enforcement is to protect the health and safety of the County's residents and visitors, and the livability of the community, by assuring compliance with the County's land use, environmental and construction codes. If a code violation is identified every effort is made to work with the property owner to voluntarily resolve the issue. If all voluntary efforts are exhausted then it is necessary to advance 2 Staff notes code complaints specific to marijuana uses can be filed anonymously through the Code Enforcement program and, if necessary, the Code Enforcement program will work with the Deschutes County Sheriff's Office and the District Attorney's office to resolve violations. 247 -17 -000994 -AD Page 21 of 23 the enforcement process. A Code Enforcement Complaint can be filed if any person believes the applicant is not in compliance this decision. The County Code Enforcement program will take all necessary actions to resolve the complaint. IV. CONCLUSION: Based on the foregoing Findings, 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. DECISION: APPROVAL, subject to the following Conditions of Approval. VI. CONDITIONS OF APPROVAL: Use & Location: Marijuana production is conditionally approved inside the proposed structure. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 2. Prohibited Uses: Marijuana production is prohibited in any outdoor area. 3. Existinq Exterior Lighting: Prior to County approval of the OLCC Land Use Compatibility Statement (LUCS) for the proposed marijuana use, the applicant must demonstrate the existing exterior light has been shielded or replaced with a new fixture in compliance with DCC 15.10. 4. New Exterior Lighting: The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 5. 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. 6. 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. 7. 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. 8. 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. 247 -17 -000994 -AD Page 22 of 23 9. 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. 10. Waste: Marijuana waste shall be stored in a secured waste receptacle inside the proposed building and be under the control of the OLCC licensee. 11. 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. 12. 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 the necessary permits for the proposed marijuana production facility 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: Izze Liu, Assistant Planner Reviewed by: Anthony Raguine, Senior Planner 247 -17 -000994 -AD Page 23 of 23 asEh;E,R a Eby°N SECTION 22 T.16S. R.11E. W. M. 16 11 22 DESCHUTES COUNTY Deschutes Co. File No.: 1' = 400' 247-17-000994-AD i SII i Address: SEE MA'161116 N s 65490 Tweed Road, Bend, OR 97703 F� ub'ect: �� ° t� The Deschutes County Planning Division has T-- — — x zd i approved an Administrative Determination request to convert an existing marijuana production facility ` (grow) licensed by the Oregon Health Authority to a marijuana production facility licensed by the Oregon Liquor Control Commission (OLCC) in the Exclusive Farm Use Zone. Attachment 2 — Site Plan This page intentionally left blank. Deschutes County Property Information a Dial Qw.'I'view KA"ilp } y� fi x a � y �aL r t 8 fz"�4. 3 b b�k yt�`. ^� 'y'""• � c F 'a Rall w . la ra6oa,n P w,la:.: 1(, 411;-),,C) 000 i O'I No c y;r i vvt a10 S* � 4 �«F 0 This page intentionally left blank. Attachment 3 — Board Order This page intentionally left blank. 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 April 16, 2018 DATE: April 6, 2018 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: Possible Marijuana Production Appeal, 64030 OB Riley Road, Bend BACKGROUND AND POLICY IMPLICATIONS: Before the Board of County Commissioners is a possible appeal of a Conditional Use permit approving a marijuana production facility in the Multiple Use Agricultural Zone. The Board will consider Order No. 2018-021 and decide whether to call up the matter for review if the decision is appealed. See attached staff administrative decision for further background information. FISCAL IMPLICATIONS: None ATTENDANCE: Zechariah Heck, Associate Planner Date: To: From: Re: COMMUNITY DEVELOPMENT MEMORANDUM April 6, 2018 Board of County Commissioners Zechariah Heck, Associate Planner Administrative Decision (File Nos. 247 -17 -000925 -CU and 247 -17 -000926 -LM) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on April 16, 2018, at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File Nos. 247 -17 -000925 -CU and 247- 17 -000926 -LM) approving an application for marijuana production. Application On November 15, 2017, an application was filed for a Conditional Use Permit and a Landscape Management Site Plan review to establish a marijuana production facility at 64030 OB Riley Road, Bend. The property is zoned Multiple Use Agricultural (MUA-10). The proposal involves a 1,888 -square -foot rigid -framed structure with approximately 1,500 square feet of mature canopy. II. Decision On January 29, 2018, the application was deemed complete and accepted for review by the Planning Division. Staff issued an administrative decision approving the application on April 2, 2018. No public hearing was held as the decision was issued administratively. The findings and decision of the application are attached to this memo as Attachment 1. Notice of the decision was sent to neighboring property owners and those that provided comments. The decision becomes final, at 5:00 PM on April 16, 2017, if not appealed. 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 Under Oregon Revised Statute (ORS) 215.428, the 150th day upon which the County must take final action is July 19, 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 12'" 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, April 16, 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 Nos. 247 -17 -000925 -CU and 247 -17 -000926 -LM 2. Board Order to Initiate Review 3. Site Plan Attachment I r^ 0U. ,yam ,p/.�{ f � S d :.t 151 f ani �S � �.•�`. FILE NUMBER: APPLICANT/OWNER: Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd FINDINGS & DECISION 247 -17 -000925 -CU and 247 -17 -000926 -LM Charles J. DiBari Trust c/o James B. DiBari 64030 OB Riley Road Bend, OR 97703 AGENT: Alison Hohengarten Francis Hansen Martin LLP 1148 NW Hill Street Bend, OR 97703 PROPOSAL: An application for a Conditional Use permit for a 1,888 -square -foot recreational marijuana production facility on a 5.47 -acre parcel in the Multiple Use Agricultural Zone. STAFF CONTACT: Zechariah Heck, Associate Planner I. APPLICABLE CRITERIA: Title 18 of the Deschutes County Code, County Zoning Chapter 18.32 Multiple Use Agricultural Zone Chapter 18.84 Landscape Management Combining Chapter 18.116 Supplementary Provisions Chapter 18.128 Conditional Uses Title 22 of the Deschutes County Code, the Development Procedures Ordinance II. BASIC FINDINGS: A. LOCATION: The subject property is located at 64030 OB Riley Road, Bend; Assessor's Map 17-12-05C, tax lot 1300. B. ZONING: The property is zoned Multiple Use Agricultural (MUA-10) and is also within the Landscape Management (LM) Combining Zone associated with Highway 20. C. LOT OF RECORD: The subject property is a legal lot of record as previously determined in land use file no. LM -91-57. Quality Services Perj6t7ned with Pride D. SITE DESCRIPTION: The subject property is approximately 5.47 acres and developed with a single-family dwelling and detached accessory structures. Highway 20 borders the property's eastern property line. OB Riley Road is approximately 100 feet to the southwest and provides access to the site. Both roads are elevated above the ground level of the subject property, which has scattered dense groves of juniper trees. E. SURROUNDING LAND USES: All of the adjoining properties are within the MUA-10 Zone. Tumalo State Park, zoned Open Space and Conservation, is approximately 680 feet to the nearest property line of the subject property. Several properties within the Exclusive Farm Use Zone are approximately 925 feet to the south. A majority of the surrounding properties are developed with a single-family residence and contain irrigated pasture land or small scale hobby farms. F. PROPOSAL: A Conditional Use permit to produce marijuana for recreational use licensed under the Oregon Liquor Control Commission (OLCC). The proposed use is to be contained within a 1,888 -square -foot accessory structure and will contain approximately 1,500 square feet of mature canopy. G. PUBLIC COMMENTS: The Planning Division mailed notice of the proposal to all property owners within 250 feet of the subject property. A public notice sign was posted on the property on November 30, 2017. Several comment letters were received and made part of the record. The prominent concerns and objections include odor, noise, increased crime, decreased home values, transportation impacts, and incompatibility with residential uses. These comments and concerns are discussed in findings below. H. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies and received the following comments. Peter Russell, Deschutes -County Transportation Planner I have reviewed the transmittal materials for 247-17-000925-CU/926-LM for a marijuana production (growing) operation in the Multiple Use Agricultural (MUA-10) and Landscape Management (LM) zones at 64030 OB Riley Road, aka 17-12-05C, 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. The proposal is for 5,000 square feet of mature canopy, so the access requirement does not apply. The traffic study requirements of DCC 18.116.310 are applicable for this marijuana production application as the application is also under going site plan review and must show compliance with DCC 18.124.080(J). The Institute of Traffic Engineers (ITE) trip generation manual does not have a category for marijuana production. In consultation with the Road Department Director and Planning staff, the County has determined the best analog use is Warehouse (Land Use 150) based on the storage requirements and employees of this activity. Warehouse generates 3.56 weekday trips per 1,000 square feet. The applicant's materials indicate the building for cannabis growing would 1,888 square feet, resulting in 6.7 weekday trips (1.88 X 3.56). As this land use does not meet the trip generation thresholds of DCC 18.310(C), no traffic study can be required. Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The ITE indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant proposes 1,888 square feet of greenhouse. 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 1,888 square feet of greenhouses would 247 -17 -000925 -CU, 926 -LM Page 2 produce 0.6 p.m. peak hour trips (1.88 X 0.32). The resulting SDC is $2,362 (0.6 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. Deschutes County Building Safety Division The Deschutes County Building Safety Divisions code required Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. will be specifically addressed during the plan review process for any proposed structures and occupancies. All Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Deschutes County Road Department I have reviewed the application materials for the above -referenced file numbers, proposing a marijuana production facility with up to 5,000 sq. ft. of mature canopy at 64030 OB Riley Rd. The subject property does not border a County road. Deschutes County Road Department has no comments regarding this application. Swalley Irrigation District Subject parcel at 64030 OB Riley Rd, Bend Oregon has appurtenant to it 4.0 acres of senior Deschutes River surface water rights delivered by Swalley Irrigation District. Said water rights will potentially need to be transferred or modified. Owner is required to consult with the District prior to development to remap the water rights. Nursery rights are available for purchase from Swalley. It should also be noted that an underground, private irrigation pipeline dissects the property and delivers water to 9.0 acres of land downstream from the property. This private line and any associated easements should be located, surveyed, and shown on any applicable maps. Measures should be taken.to protect the private water line as it impacts several downstream landowners. Central Electric Cooperative, Inc. CEC requests the applicant apply for a new electrical service by calling Bob Fowler at 541-312-7778 and provide electrical load and demand requirements for this activity. CEC will determine if capacity is available. State of Oregon, Department of Transportation — Region 4 Planning Thank you for the opportunity to review and comment on the proposed land use action to establish a marijuana facility on OB Riley Road. We have reviewed the Burden of Proof provided by the applicant and have the following comments on the proposed land use action. We note that no transportation analysis was required or provided. The submitted Overall Site Plan shows a proposed 20' fire lane access to US 20. ODOT processes emergency accesses as Special Use Approaches. The applicant may use the link below to the Application for State Highway Approach for information and the application form. Special Use Approaches shall be locked and gated 24/7 when not in use. The gate shall be placed far enough from the highway so that a vehicle stopped in the approach to unlock/open the gate does not overhang on to the highway. http://www.oregon.gov/ODOT/Engineering/Docs_AccessMngt/734-2680_Combined.pdf The following agencies did not respond or had no comments: Avion Water Company, Oregon Parks and Recreation Dept. Region 4, Pacific Power and Light. I. REVIEW PERIOD: This application was submitted on November 15, 2017. The Planning Division deemed this application incomplete on December 12, 2017. Upon submission 247 -17 -000925 -CU, 926 -LM Page 3 and review of additional materials, the Planning Division deemed this application complete and accepted it for review on January 29, 2018. On March 5, the applicant's attorney asked to toll the clock for 21 days. Thus, staff calculates the 150th day on which the County must take final action on this application to be July 19, 2018. 111. FINDINGS A. CHAPTER 18.32. MULTIPLE USE AGRICULTURAL ZONE Section 18.32.030. Conditional Uses Permitted. JJ. Marijuana production subject to the provisions of DCC 18.116.330. FINDING: The applicant proposes marijuana production subject to the provisions of DCC 18.116.330 and the Conditional Use standards of 18.128.015, discussed in detail below. 2. Section 18.32.040. Dimensional Standards. In an MUA Zone, the following dimensional standards shall apply.- D. pply.D. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC 18.120.040. FINDING: The marijuana production facility is proposed within an approximately 30 -foot tall structure, as measured from natural grade per the Landscape Management requirements of DCC 18.84. This criterion will be met. 3. Section 18.32.050. Yards. A. The front yard setback from the property line shall be a minimum of 20 feet for property fronting on a local street right of way, 30 feet from a property line fronting on a collector right of way, and 80 feet from an arterial right of way unless other provisions for combining accesses are provided and approved by the County. B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before November 1, 1979, which are one-half acre or less in size, the side yard setback may be reduced to a minimum of 10 feet. For parcels or lots adjacent to property receiving special assessment for farm use, the adjacent side yard for a dwelling shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to property receiving special assessment for farm use, the rear yards for a dwelling shall be a minimum of 100 feet. FINDING: The subject property has frontage along Highway 20, a primary highway. The highway is also a designated landscape management corridor, which requires a 100 -foot setback from the right-of-way. The side yards are along the north and south property lines and require a 20 -foot setback. The rear yard is along the west property line and the required setback is 25 feet. 247 -17 -000925 -CU, 926 -LM Page 4 The applicant has submitted a site plan that indicates the property structure will observe the following setbacks: 100 -foot front yard setback; 103 -foot south side yard setback; 337.6 -foot west rear yard setback; greater than 400 -foot north side yard setback. These criteria will be met. D. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. FINDING: The property does have a north property line and, therefore, is subject to the solar setback requirements of DCC 18.116.180. A 30 -foot tali structure requires a 62.1 -foot solar setback. The proposed structure is located more than 400 feet from the north property line. This criterion will be met. E. 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: Any greater setbacks required by the Building Division will be addressed during building permit review. This criterion will be met. B. CHAPTER 18.84. LANDSCAPE MANAGEMENT COMBINING ZONE Section 18.84.020. Application of Provisions. The provisions of this chapter shall apply to all areas within one-fourth mile of roads identified as landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions of this chapter shall also apply to all areas within the boundaries of a State scenic waterway or Federal wild and scenic river corridor and all areas within 660 feet of rivers and streams otherwise identified a landscape management corridors in the comprehensive plan and the County Zoning Map. The distance specified above shall be measured horizontally from the centerline of designated landscape management roadways or from the nearest ordinary high water mark of a designated landscape management river or stream. The limitation in this section shall not unduly restrict accepted agricultural practices. FINDING: Highway 20 is identified on the County Zoning Map as a landscape management feature. Therefore, the provisions of this chapter are applicable. 2. Section 18.84.040. Uses Permitted Conditionally. Uses permitted conditionally in the underlying zone with which the LM Zone is combined shall be permitted in the LM Zone, subject to the provisions in DCC 18.84. FINDING: The proposed accessory structure, which will contain the proposed marijuana operation, is a use permitted conditionally. The applicable criteria and findings for the conditional use permit are addressed below. 247 -17 -000925 -CU, 926 -LM Page 5 3. 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: The applicant proposes to construct a 1,888 -square -foot accessory structure, which requires a building permit. Therefore, compliance with DCC 18.84 is required. B. Structures which are not visible from the designated roadway, river or stream and which are assured of remaining not visible because of vegetation, topography or existing development are exempt from the provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks). An applicant for site plan review in the LM Zone shall conform with the provisions of DCC 18.84, or may submit evidence that the proposed structure will not be visible from the designated road, river or stream. Structures not visible from the designated road, river or stream must meet setback standards of the underlying zone. FINDING: The subject property is within the LM Zone associated with Highway 20. The proposed structure will be partially visible from the highway. The provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks) apply. 4. Section 18.84.080. Design Review Standards. The following standards will be used to evaluate the proposed site plan: A. Except as necessary for construction of access roads, building pads, septic drainfields, public utility easements, parking areas, etc., the existing tree and shrub cover screening the development from the designated road, river, or stream shall be retained. 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 applicant proposes to construct the accessory structure in an area of the parcel that has few trees. The applicant states all vegetation, excepting a few trees that need to be removed to construct the building pad, will remain. The following condition of approval will ensure compliance with this criterion. Vegetation: Except as necessary for construction of building pads, the existing tree and shrub cover screening the development from the designated road shall be retained. B. It is recommended that new structures and additions to existing structures be finished in muted earth tones that blend with and 247 -17 -000925 -CU, 926 -LM Page 6 reduce contrast with the surrounding vegetation and landscape of the building site. FINDING: The applicant has submitted colors that staff finds are muted earth tones and blend well with the surrounding natural vegetation. The proposed structure will be painted "heathered moss" and the roof will be a "dark bronze" color. Staff finds this criterion will be met. C. No large areas, including roofs, shall be finished with white, bright or reflective materials. Rooting, including metal roofing, shall be nonreflective and of a color which blends with the surrounding vegetation and landscape. This subsection shall not apply to attached additions to structures lawfully in existence on April 8, 1992, unless substantial improvement to the roof of the existing structure occurs. FINDING: As noted in a foregoing finding, the exterior of the proposed building will be finished in muted earth tones selected to blend with the natural landscape. The roof will be constructed of metal and will be painted "dark bronze". No bright or reflective materials are proposed. This criterion will be met. D. Subject to applicable rimrock setback requirements or rimrock setback exception standards in DCC 18. 84.O9O(E), all structures shall be sited to take advantage of existing vegetation, trees and topographic features in order to reduce visual impact as seen from the designated road, river or stream. When more than one nonagricultural structure is to exist and no vegetation, trees or topographic features exist which can reduce visual impact of the subject structure, such structure shall be clustered in a manner which reduces their visual impact as seen from the designated road, river, or stream. FINDING: Staff finds the proposed structure is sited to take advantage of existing vegetation to reduce visual impact from Highway 20. Additionally, the structure is clustered near the existing dwelling to reduce visual impact, while still meeting setback requirements. Staff finds this criterion will be met. E. Structures shall not exceed 30 feet in height measured from the natural grade on the side(s) facing the road, river or stream. Within the LM Zone along a state scenic waterway or federal wild and scenic river, the height of a structure shall include chimneys, antennas, flagpoles or other projections from the roof of the structure. DCC 18.84.080 shall not apply to agricultural structures located at least 50 feet from a rimrock. FINDING: The applicant has submitted revised building height diagrams that depict the structure will be 29 feet, 10 inches, in height measured from natural grade on the side of the building facing Highway 20. This criterion will be met. F. New residential or commercial driveway access to designated landscape management roads shall be consolidated wherever possible. 247 -17 -000925 -CU, 926 -LM Page 7 FINDING: The applicant has proposed an emergency access connection to Highway 20. However, if the Oregon Department of Transportation approves this access, it will be gated and only used for emergency purposes. Otherwise, the subject property does not take access from a designated landscape management road. Primary access will be taken from OB Riley Road. This criterion will be met. G. New exterior lighting, including security lighting, shall be sited and shielded so that it is directed downward and is not directly visible from the designated road, river or stream. FINDING: The application materials indicate there will be three exterior lighting fixtures on the proposed structure. Each lighting fixture will be above a door and will be directed downward, not toward neighboring parcels or the highway. Furthermore, the applicant has stated the proposed lights will comply with "dark sky" standards. The following condition of approval will be added to ensure any new exterior lighting on the proposed structure shall meet this requirement. Lighting: New exterior lighting, including security lighting, shall be sited and shielded so that it is directed downward and is not directly visible from the designated road, river or stream. H. The Planning Director or Hearings Body may require the establishment of introduced landscape material to screen the development, assure compatibility with existing vegetation, reduce glare, direct automobile and pedestrian circulation or enhance the overall appearance of the development while not interfering with the views of oncoming traffic at access points or views of mountains, forests and other open and scenic areas as seen from the designated landscape management road, river or stream. Use of native species shall be encouraged. FINDING: Because of the existing vegetation and an elevated rock outcrop between the building site and Highway 20, staff finds no additional landscaping is necessary. This criterion will be met. L No signs or other forms of outdoor advertising that are visible from a designated landscape management river or stream shall be permitted. Property protection signs (No Trespassing, No Hunting, etc.) are permitted. FINDING: The applicant is not proposing any signs or other forms of outdoor advertising as part of the application. This criterion will be met. 5. Section 18.84.090. Setbacks. A. Except as provided in DCC 18.84.090, minimum setbacks shall be those established in the underlying zone with which the LM Zone is combined. B. Road Setbacks. All new structures or additions to existing structures on lots fronting a designated landscape management road shall be set back at least 100 feet from the edge of the 247 -17 -000925 -CU, 926 -LM Page 8 designated road right-of-way unless the Planning Director or Hearings Body finds that: FINDING: The applicant's site plan indicates the proposed structure is to be located 100 feet from the Highway 20 right-of-way. This criterion will be met. C. Rimrock Setback. New structures (including decks or additions to existing structures) shall be set back 50 feet from the rimrock in an LM Zone. An exception to this setback may be granted pursuant to the provisions of DCC 18.84.090(E). FINDING: The subject property does not contain rimrock as defined in DCC 18.04.030. Therefore, this criterion does not apply. 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 has proposed marijuana production in an MUA-10 Zone. This section applies to the proposal. 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 5.47 acres in size. This standard is met. 2. Indoor Production and Processing. a. In the MUA-10 zone, marijuana production and processing shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non -rigid structures is prohibited. b. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. 247 -17 -000925 -CU, 926 -LM Page 9 C. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The subject property is located in the MUA-10 Zone. The proposed marijuana production facility is to be located entirely within one accessory structure which will be conventional or post framed, opaque, with rigid walls and have a roof covering. This standard will be met. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that. L The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. C. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. FINDING: This criterion is not applicable because the subject property is in the MUA-10 Zone. 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. FINDING: The subject property is 5.47 acres in size. The applicant proposes a structure that is 1,888 square feet in size. 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 247 -17 -000925 -CU, 926 -LM Page 10 FINDING: The proposed use includes one (1) 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. An Oregon Health Authority registered medical marijuana grow is not permitted on the site, unless a modification of conditions is approved. 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 application materials include a site plan prepared by professional land surveyor James Perry. The submitted site plan depicts a buildable area where the structure is proposed to be located that complies with the 100 -foot setback requirement from all property lines. 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 submitted site plan depicts the proposed structure will be located more than 300 feet from neighboring off-site dwellings. 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 is not applicable. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: L A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; 247 -17 -000925 -CU, 926 -LM Page 11 iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and V. National monuments and state parks. b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. C. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18. 11 6.330(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: 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 26 properties within 1,000 feet of the subject property. The only use found within 1,000 feet from the subject property, which requires a separation distance under this section, is Tumalo State Park. The application materials include a survey performed by a professional land surveyor that indicates the proposed production facility is 1,000 feet away from the nearest property lines of the state park. 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. FINDING: The applicant proposes a maximum canopy size of approximately 1,500 square feet. The maximum allowed for the subject property is 2,500 square feet. Staff finds this section does not apply to the applicant's proposal. 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. 247 -17 -000925 -CU, 926 -LM Page 12 C. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: The applicant states that the interior lights will not be visible from the outside of the building from 7:00 p.m. until 7:00 a.m. the following day because the proposed facility will be contained within an opaque -walled, rigid -framed structure. The applicant's burden of proof explains there will be lighting near the entrances of the proposed building. However, the light fixtures will be directed downward and not projected offsite. The applicant has selected "dark sky compliant" light fixtures. The following condition of approval will be added to ensure compliance. 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 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 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. 247 -17 -000925 -CU, 926 -LM Page 13 FINDING: The application materials include an odor control study from Marshall Hilton, PE, with Hybrid Tech.' Mr. Hilton's analysis, provided in the application materials and referenced herein, details a system that uses a combination of fans with carbon filters. Based on the report provided by Mr. Marshall, if the system described above is constructed within the guidelines and maintained per the manufacturer's recommendations, the odor control system will mitigate any odor exposed from the production facility 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 application materials include an acoustic field analysis performed by Marshall Hilton, PE, with Hybrid Tech. Mr. Hilton's analysis includes sound pressure readings of the equipment to be used on site with the production facility, as well as receiving sound pressure readings from four observation points throughout the subject property. The analysis calculates "sound dissipation over distance, directivity effects, and the effect of sound barriers." According to Mr. Hilton's analysis, the calculated combined sound pressure levels of all the proposed HVAC equipment will be in compliance with the above noise standard. 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. Mr. Hilton is a Registered Professional Mechanical Engineer with the State of Oregon (certificate no. 89725PE). 247 -17 -000925 -CU, 926 -LM Page 14 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 located within the Landscape Management Combining Zone associated with Highway 20. However, the property is not within a Wildlife Area Combining Zone. No razor wire or any other type of fencing is proposed. No vegetation removal is proposed other than what will be required to construct the building pad. The application materials state there is a large rock outcrop between the proposed building site and Highway 20, which will help prevent the building from being seen from the highway. These criteria will be met. However, to ensure compliance, the following ongoing condition of approval will be added to the decision. 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 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 application materials include a water use analysis by Mr. Hilton with Hydro Tech. The analysis by Mr. Hilton concluded the proposed use will require approximately 9,484 gallons per month. However, the applicant will utilize a water recovery system that will allow the operation to recycle water. Also within the application materials is a letter from Avion Water Company that states their company is willing and able to serve the proposed use, with an estimated 10,000 gallons per month. 247 -17 -000925 -CU, 926 -LM Page 15 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. Therefore, staff finds this section 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 Central Electric Cooperative provided a "will serve" letter dated October 11, 2017. The letter states that Central Electric Cooperative has reviewed the 800 amp single phase service associated with the grow facility and is willing and able to serve this location in accordance with the rates and policies of the company. This standard is 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: In the application materials, the applicant has acknowledged this requirement. Staff finds this criterion will be met. The following condition of approval will be 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 proposes to use a secure receptacle. The following condition of approval will be added to ensure compliance with this criterion. Waste: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee. 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; 247 -17 -000925 -CU, 926 -LM Page 16 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 property owner, Charles DiBari, and the OLCC licensee, James DiBari, will live on site. This criterion will be met. 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(6)(10-12, 16, 17) by December 8, 2016. FINDING: The record indicates the subject property has not been a lawfully established medical marijuana grow site. This section does not apply. 20. Prohibited Uses. b. In the MUA-10 Zone, the following uses are prohibited: i. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop. C. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: i. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. V. Public Parks. vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. FINDING: The applicant has indicated that none of the prohibited uses identified in this section are proposed or already in place. To ensure compliance with this criterion, the following condition of approval will be added. 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 247 -17 -000925 -CU, 926 -LM Page 17 following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. C. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). FINDING: Compliance with the annual reporting obligation of this section is required. The following ongoing condition of approval will be added to ensure compliance with this criterion. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. D. CHAPTER 18.128. CONDITIONAL USES Section 18.128.015. General Standards Governing Conditional Uses. Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter: A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; FINDING: The subject property is approximately 5.47 acres and developed with a single-family dwelling and detached accessory structures. The property is accessed by OB Riley Road and 247 -17 -000925 -CU, 926 -LM Page 18 has frontage along Highway 20. The site has a moderate population of trees and native ground cover. The applicant has proposed to maintain existing vegetation as part of this project for screening purposes. The design of the proposed use, a marijuana production facility, includes an approximately 1,888 -square -foot accessory structure that is located over 100 feet from all property lines. The building envelope is located in a topographically -depressed area of the property, which limits the structure from being viewed from Highway 20. The operating characteristics include plant growth and harvesting in an opaque, odor -controlled structure with climate control facilities that have been certified by an engineer to limit noise and odor. Staff finds that the site presents no design or operational constraints and is suitable for the proposed use. 2. Adequacy of transportation access to the site; and FINDING: The subject property is adjacent to Highway 20, however the site is not accessed by the highway. The proposed site plan depicts an emergency ingress/egress driveway connected to the highway. The Oregon Department of Transportation commented on the Notice of Application to inform the applicant the required steps to formalize the proposed emergency access to the highway. The subject property is accessed from OB Riley Road, a paved rural collector road. The application materials state the proposed operation will require two full-time employees, which will reside in the existing single-family dwelling. An additional three employees will work on-site on a temporary basis for harvesting. Based on aerial images and the submitted site plan, there appears to be adequate parking on site. A driveway easement crosses over two properties to access the site from OB Riley Road, tax lots 1400 and 1500. According to the applicant's attorney, there are several properties that have access rights to the easement. The owners of tax lot 1400 have objected to the applicant's proposal because of concerns of increased traffic. Based on comments from the County's Transportation Planner and the Road Department, staff finds the proposed use will create a limited amount of additional traffic, i.e., approximately 6.7 weekday trips. Thus, staff finds the transportation access to the site is adequate. 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. FINDING: The subject property is approximately 5.47 acres and developed with a single-family dwelling and detached accessory structures. The property is accessed by OB Riley Road and has frontage along Highway 20. The site has a moderate population of trees and native ground cover. The applicant has proposed to maintain existing vegetation as part of this project for screening purposes. According to the application materials, the location of the proposed building is designed to take advantage of natural features of the site. Approximately two juniper trees will need to be removed to construct the building pad, however the rest of the existing vegetation will remain intact for screening purposes. 247 -17 -000925 -CU, 926 -LM Page 19 Staff finds the site presents no topographical constraints, is not subject to any unusual natural hazards, contains no natural resources, and, therefore, is suitable for the proposed use. B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). FINDING: The subject property is located in an area consisting primarily of rural residential properties, with irrigated pastureland and some hobby farms, and large parcels in public ownership, i.e., Oregon Parks and Recreation Department. Staff finds the projected uses in the area include additional single-family dwellings on any vacant properties zoned MUA-10, agricultural uses, as well as recreational use of the state park property. Staff is unaware of any other projected uses on surrounding properties. Site, Design and Operating Characteristics Staff finds that the proposed use would not directly impede the use of surrounding properties for residential and agricultural use, as it would not prevent or restrict development of otherwise lawful uses in the surrounding zones. Several comment letters were received and made part of the record. The prominent concerns and objections include odor, noise, increased crime, lighting impacts, decreased home values, transportation impacts, and general incompatibility with residential uses. Staff acknowledges these impacts, depending on the magnitude, could adversely affect surrounding residential uses. This would result in the proposed use being incompatible with the surrounding residential uses. Staff evaluated the identified potential impacts below. Visual: Staff finds that the structure is visually similar to typical residential accessory structures and observes a setback in excess of the 20 -foot setback typically required for such structures. Most of the existing vegetation will continue to exist on site. No grow lights will be visible off-site, due to the use of an opaque building, and all other lighting will comply with the lighting requirements of DCC 15.10. The proposed structure will be painted with a muted green color, which staff finds will blend in with the surrounding vegetation. Odor: All air leaving the structure will be carbon -filtered, as described above. This system does not rely on distance to attenuate or dissipate odor. While staff understands concerns regarding odor, the record includes the statement of a registered professional engineer that the proposed system will, "prevent unreasonable interference of neighbors' use and enjoyment of their property" and "comply with the odor mitigation requirements of Deschutes County Code." Staff finds compliance with this standard is sufficient to demonstrate the proposed use will be compatible with surrounding residential uses. There is no evidence in the record the proposed odor control system cannot accomplish this requirement. Were the system to fail to meet this requirement, the standard is included as a condition of approval and any violation would be subject to code enforcement. Noise: The record indicates up to seven outdoor heat pump units will comprise the HVAC system. The proposed cooling system will run intermittently, as needed. According to the engineer's calculations submitted within the application materials, the HVAC system will not achieve a sound pressure level above 30 dBA measured from the property lines. No other components of the proposed use are anticipated to produce a sustained noise. Staff notes 30 247 -17 -000925 -CU, 926 -LM Page 20 dBA is the typical background noise level in a quiet residential neighborhood. Additionally, the neighborhood is near Highway 20. Staff finds the use would not be incompatible with surrounding residential uses. Staff also notes the use is subject to Chapter 8.08, Noise Control, which is not a development code criteria and enforced by the County Sheriff. Specifically prohibited is: "Unreasonably loud or raucous noise "' means: A. Motor vehicle noise which is louder or heard for a longer period than that produced by use in direct transportation by motor vehicles with mufflers supplied by the manufacturer with the vehicle, which disturbs, injures or endangers the comfort, repose, health, peace or safety of persons 30 or more feet away, if such noise is not emitted in order to make the motor vehicle move up to the maximum speed limit on public streets, roads, and/or highways for the purpose of direct transportation; or B. Noise, which violates the standards of the Environmental Quality Commission, adopted pursuant to ORS 467.030 which are not exempt under ORS 467.035 or permitted by a variance issued under ORS 467.060, C. The sounding of any horn or signaling device on any automobile, motorcycle, bus or other vehicle except as a reasonable signal required by the exigencies of vehicular or pedestrian traffic, the creation by means of any such signaling device of any sound which disturbs the sleep, peace, quiet, comfort or repose of other persons; the sounding of any such device for an unnecessary or unreasonable period of time; 1. The use of any automobile, motorcycle or other vehicle so out of repair, so loaded, or in such a manner as to disturb the sleep, peace, quiet, comfort or repose of persons more than 30 feet away, J. The loading or unloading of any vehicle or the opening, closing or destruction of bales, boxes, crates and containers, so as to disturb the sleep, peace, quiet, comfort or repose of persons more than 30 feet away, O. The operation of any blower, power fan, internal combustion engine, electric motor or compressor, or the compression of air, unless the sound from each machine is sufficiently muffled so as not to disturb the sleep, peace, quiet, comfort or repose of persons more than 30 feet away. Privacy: Staff finds the structure is visually similar to typical residential accessory structures and observes a setback in excess of the 20 -foot setback typically required for such structures. Most of the existing vegetation will remain to help screen the structure. Staff finds the combination of screening and buffering, due to the distance to the nearest property line, will adequately mitigate any privacy concerns. Incompatibility with residential uses: Staff finds this public concern, as well as concerns regarding potential impacts to property values, are secondary impacts that would result from one of the other identified primary impacts (e.g. noise, odor, etc.) resulting in an incompatibility with surrounding residential uses. There is no evidence in the record the proposed use is likely to cause incompatibility with residential uses or impacts to property values, without first causing other identified primary impacts (e.g. noise, odor, etc.). Increased crime: While this is a common neighbor concern regarding the proposed use, staff finds there is no evidence in the record that small-scale marijuana production increases crime in 247 -17 -000925 -CU, 926 -LM Page 21 surrounding residential neighborhoods. The licensee will be subject to strict OLCC security requirements that monitor the entire operations on a consistent basis. Staff is not aware of any crime issues that have been directly attributed to a licensed marijuana production site. Transportation Access As previously mentioned, the site is accessed by a driveway easement across two neighboring properties. However, the proposed use is of a limited size and scale such that no traffic impacts are anticipated. No infrastructure deficiencies were identified by public agencies. Public comment has expressed concern the proposed use could impose negative impacts on the shared driveway easement and the transportation network in general. Staff finds there is no evidence in the record that the small-scale facility would generate a significant number of additional trips or ongoing heavy truck traffic. Again, the County's Transportation Planner has calculated the proposed use will incur 6.7 average weekday trips. This amount is less than the traffic generated from a single- family residence, which incurs 10 average weekday trips. Natural and Physical Features Based on staff's review of aerial photographs of the area, staff finds the surrounding lands to have similar characteristics as the subject property: generally level, moderately vegetated with sage brush and juniper trees, some irrigated pasture land or hobby farms, no apparent natural hazards and no unique or significant physical features. Given the low intensity of expected use, staff finds the proposed use will be compatible with the natural and physical features on surrounding lands. C. These standards and any other standards of DCC 18.128 may be met by the imposition of conditions calculated to insure that the standard will be met. FINDING: Staff finds any approval of the proposed use shall be subject to the conditions of approval set forth at the end of the final decision. IV. CONCLUSION Based on the foregoing findings, staff finds the proposed application for marijuana production can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. Other permits may be required. The applicant is responsible for obtaining any necessary permits and meeting the requirements of the Deschutes County Building Safety Division, the Deschutes County Environmental Soils Division, and the Deschutes County Road Department, as well as obtaining any required state and federal permits. V. DECISION APPROVAL, subject to the following conditions of approval. VI. SYSTEM DEVELOPMENT CHARGE Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The ITE indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant proposes 1,888 square feet of greenhouse. The County's SDC is based on 247 -17 -000925 -CU, 926 -LM Page 22 the buildings' total square footage related to cannabis production and support and not the square footage of the mature canopy. The 1,888 square feet of greenhouses would produce 0.6 p.m. peak hour trips (1.88 X 0.32). The resulting SDC is $2,362 (0.6 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. VII. CONDITIONS OF APPROVAL A. Use & Location: This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. ONGOING CONDITIONS OF APPROVAL B. Vegetation: Except as necessary for construction of building pads, the existing tree and shrub cover screening the development from the designated road shall be retained. C. Lighting: New exterior lighting, including security lighting, shall be sited and shielded so that it is directed downward and is not directly visible from the designated road, river or stream. D. OLCC License: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. An Oregon Health Authority registered medical marijuana grow is not permitted on the site, unless a modification of conditions is approved. E. 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. F. 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. G. Noise: 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. H. 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. I. 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. 247 -17 -000925 -CU, 926 -LM Page 23 J. 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. K. Waste: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee. L. Prohibited Uses: 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. M. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. VIII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and initiate 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: Zechariah Heck, Associate Planner Reviewed by: Jacob Ripper, Senior Planner 247 -17 -000925 -CU, 926 -LM Page 24 Attachment 2 Attachment 3 A I HHdOHd IHV9IQ =10 _ w "i zsce IIZI-l5 Z(SZa) y to NVIA 31JS TlVd3AO iavaia S3wvr " ° ztoe6 rx 'u 3r �► p gyyg� ;mayao=l„,,., funos 3nw3nv a+z� sizes SnbH��D �a na �\ t W� ooa�. I �4 v \ i i a 0 S 2 8863 Location Map 17 -925 -CU (Di Bari) AV C T ii 35 AV C T 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 April 16, 2018 DATE: April 12, 2018 FROM: Wayne Lowry, Finance, 541-388-6559 TITLE OF AGENDA ITEM: March 2018 Treasurer's Report and Financial Reports RECOMMENDATION & ACTION REQUESTED: Discussion of March 2018 Treasurer's Report and Financial Reports ATTENDANCE: Wayne Lowry, Finance Director/Treasurer SUMMARY: Monthly Report Fa�� )into �0) \C5 ��. ;t� > )R3 V@ �f0 o_ 7 • E 2 0 F i = oZN co in /-/ 2,. 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ZW, VW O gioz/UV UOULVIL AV0 V0 A)ettol atel8 u06ai0 96VA10999 • 000'004 000'006 000'002 OL6"0 C9C t ZVV WV 0 9t0UF/V 910Z1£I/9 AVO VO' A,apol alalS uo6aj0 96VA10999 0190 enIeA enieA OnIaA 59t W1A elea O•ApooW d6S 41n10W 0100 O190 di9nD limo Xoog 104jew Jed uodnoD' eeuil9a Ol who AlpnleW Osvgojnd ' aIOL'4e 40-W Oluewl9enul • 9110100 01I01NOd ' - tuMuDdOu9W 01101pod . - qu9wi9ueul Alu.03 9O1n4O1e0 General Fund Schedule of Financial Operating Data Year to Date July 1, 1 r Beginning Net Working Capital per FY 2019 Requested Budget $10,890,000 a) Historically, 95% of the current year taxes are received by the end of March. b) Includes $500,000 Federal PILT. HB 3400 not incuded in budget. $365,655 received in October and $76,991 in December Projected is YTD actual plus two more quarters at $76,991. Other revenues in excess of budget are: MH tax $70,000; interest $45,000; tax on electrical co-ops $34,000; and property tax PILT $14,000. c) A & T Grant received quarterly. Q1 received July; Q2 received October; 03 in January; Q4 in April. d) Projected to be less than budgeted due to YTD unfilled positions. Page 1 FY 2017 2017 through March 31, 2018 (75% of the year) FY 2018 o Actual Actual Budget Budget Projected Variance Revenues Property Taxes - Current $ 25,816,331 $ 25,856,440 98% a) $ 26,296,000 $ 26,800,000 $ 504,000 Property Taxes - Prior 465,085 429,515 123% 350,000 480,000 130,000 Other General Revenues 2,499,968 2,501,737 107% b) 2,345,822 3,095,822 750,000 Assessor 860,861 686,935 81% c) 848,867 898,867 50,000 County Clerk 1,952,209 1,254,737 66% 1,896,945 1,776,945 (120,000) BOPTA 12,546 10,052 81% c) 12,480 13,000 520 District Attorney 253,480 28,762 15% 187,400 187,400 - Tax Office 196,203 159,869 81% c) 196,200 206,200 10,000 Veterans 96,889 81,112 50% 162,223 162,223 - Property Management 94,500 12,750 13% 97,000 97,000 - Total Revenues 32,248,072 31,021,909 96% 32,392,937 33,717,457 1,324,520 Expenditures Assessor 3,993,958 3,135,251 73% 4,291,041 4,291,041 - County Clerk 1,684,783 1,047,702 58% d) 1,820,344 1,620,344 200,000 BOPTA 65,175 50,840 75% 68,138 68,138 - District Attorney 6,095,393 4,713,424 70% d) 6,701,724 6,451,724 250,000 Medical Examiner 146,817 84,921 49% 172,184 172,184 - Tax Office 785,346 601,120 71% 849,312 849,312 - Veterans 403,775 343,927 70% 492,630 492,630 - Property Management 247,568 187,708 68% 276,097 276,097 - Non -Departmental 1,268,363 937,663 71% 1,328,089 1,328,089 - Total Expenditures 14,691,178 11,102,557 69% 15,999,559 15,549,559 450,000 Transfers Out 17,856,310 12,807,536 73% 17,445,890 17,445,890 - Total Exp & Transfers 32,547,489 23,910,093 71% 33,445,449 32,995,449 450,000 Change in Fund Balance (299,416) 7,111,816 (1,052,512) 722,008 1,774,520 Beginning Fund Balance 11,217,374 10,917,957 109% 10,000,000 10,917,957 917,957 Ending Fund Balance $ 10,917,957 $ 18,029,773 $ 8,947,488 $ 11,639,965 $ 2,692,477 Personnel 9,965,553 1 7,824,907 72% 10,841,612 Material & Services 4,544,700 3,268,041 65% 5,030,152 Capital Outlay 180,925 9,609 96% 10,000 Total Expend by Category $ 14,691,178 1 $ 11,102,557 70% 15,881,764 Beginning Net Working Capital per FY 2019 Requested Budget $10,890,000 a) Historically, 95% of the current year taxes are received by the end of March. b) Includes $500,000 Federal PILT. HB 3400 not incuded in budget. $365,655 received in October and $76,991 in December Projected is YTD actual plus two more quarters at $76,991. Other revenues in excess of budget are: MH tax $70,000; interest $45,000; tax on electrical co-ops $34,000; and property tax PILT $14,000. c) A & T Grant received quarterly. Q1 received July; Q2 received October; 03 in January; Q4 in April. d) Projected to be less than budgeted due to YTD unfilled positions. Page 1 Community Justice- Juvenile Schedule of Financial Operating Data FY 2018 Projected I Variance Revenues Year to Date July 1, 2017 through FY 2017 March 31, 2018 (75% of the year) $ 355,586 % of 61% a) $ Actual Actual Budget FY 2018 Projected I Variance Revenues OYA Basic & Diversion $ 355,586 $ 209,454 61% a) $ 346,046 $ 407,113 $ 61,067 ODE Juvenile Crime Prev 86,497 42,274 59% a) 71,982 91,379 19,397 !_eases 84,121 71,909 85% b) 85,000 80,000 (5,000) Inmate/Prisoner Housing 74,700 90,750 165% c) 55,000 95,000 40,000 DOC Unif Crime Fee/HB2712 36,045 26,483 72% 36,658 36,658 - Food Subsidy 18,744 13,578 68% 20,000 20,000 - Gen Fund -Crime Prevention 20,000 10,000 50% d) 20,000 20,000 - Interest on Investments 17,512 15,225 102% h) 15,000 20,000 5,000 OJD Court Fac/Sec SB 1065 18,438 14,847 87% c) 17,000 24,000 7,000 Contract Payments 10,920 5,632 70% 8,000 8,000 - Case Supervision Fee 5,964 4,368 73% c) 6,000 6,000 - Miscellaneous 3,170 2,850 154% g) 1,850 3,500 1,650 Total Revenues 731,697 507,370 74% 682,536 811,650 129,114 Expenditures Personnel Services 5,005,247 3,797,365 72% e) 5,242,613 5,180,000 62,613 Materials and Services 1,204,317 888,529 70% 1,270,246 1,270,246 - Total Expenditures 6,209,564 4,685,894 72% 6,512,859 6,450,246 62,613 Transfers Transfers In -General Fund 5,464,591 4,198,232 75% 5,597,643 5,597,643 - Transfers Out-Veh Reserve 44,000 51,750 75% f) 69,000 69,000 - Total Transfers 5,420,591 4,146,482 75% 5,528,643 5,528,643 - Change in Fund Balance (57,276) (32,041) (301,680) (109,953) 191,727 Beginning Fund Balance 1,415,374 1,358,098 113% 1,200,000 1,358,098 158,098 Ending Fund Balance 1,358,098 1,326,057 898,320 1,248,145 349,825 Beginning Net Working Capital per FY 2019 Requested Budget $ 1,200,000 a) Grant was increased by legislature subsequent to budget adoption. b) Rim rock Trails no longer leasing space. c) Inmate housing trending at greater than budgeted. Other counties utilizing DC facility more than planned after another regional facility became focus of a negative investigation. d) Internal grant funded quarterly e) Projection decreased due to staff vacancies in Q1 and new hires who started at a lower salary step range in beginning of fiscal year. Includes expected Class/ Comp increase and a retirement leave payout f) Transfer to Reserve includes $25,000 to cover estimated costs of vehicle repair and maintenance. g) Projection based on YTD Actual. h) Projection based on annualizing year to date. Page 2 Sheriff's Office and LEDs Schedule of Financial Operating Data Beginning Net Working Capital per FY 2019 Requested Budget $ 13,837,807 a) Historically, 95% of the current year taxes are received by the end of March. b) $25,000 contribution to suicide/substance abuse hotline. Open Civil Tech position in Civil/Special Units division reclassified as HR Analyst in Sheriff Services division c) Unfilled FTE. Overtime is expected to exceed budget. d) Open Records Admin Supervisor position will be converted to a Sergeant position. e) Projection includes $8,000 reimbursement for Solar Eclipse expenditures. f) Grant of $50,000 for purchase of $67,500 boat. g) Projection increased due to an unbudgeted rifle purchase. h) Projection based on YTD actual adjusted for one-time transactions I) Includes the $50,000 transferred from Fund 701/702 to Fund 256 Communication Reserve Page 3 Year to Date July 1, 2017 FY 2017 through March 31, 2018 FY 2018 (75% of the year) 00 Actual Actual Budget Budget Projected Variance Revenues LED #1 Countywide Property Taxes Current Year $ 21,137,803 $ 21,669,377 98% a) $ 22,045,228 $ 22,450,000 $ 404,772 Prior Year 308,837 298,891 75% 400,000 350,000 (50,000) Interest 110,368 113,946 142% 80,000 150,000 70,000 Total LED #1 Countywide 21,557,009 22,082,215 98% 22,525,228 22,950,000 424,772 LED #2 Rural Property Taxes Current Year 9,474,144 9,717,888 98% a) 9,916,642 10,050,000 133,358 Prior Year 141,704 135,331 73% 185,000 161,000 (24,000) Interest 90,261 87,487 143% 61,300 100,000 38,700 Total LED #2 Rural 9,706,109 9,940,706 98% 10,162,942 10,311,000 148,058 Sheriff's Office Revenues 8,249,855 5,375,168 73% e) f) 7,386,585 7,212,477 (174,108) Total Revenues 39,512,973 37,398,088 93% 40,074,755 40,473,477 398,722 Expenditures Sheriffs Services 2,386,420 1,858,561 69% b) 2,689,023 2,748,297 (59,274) Civil/Special Units 1,117,489 1,001,570 74% b) h) 1,352,886 1,413,163 (60,277) Automotive/Communications 2,601,537 1,443,417 58% h) 2,481,701 2,156,992 324,709 Detective 1,796,143 1,410,779 71% 1,995,351 1,919,934 75,417 Patrol 8,822,794 6,913,748 71% h) 9,724,673 9,592,374 132,299 Records 695,956 521,539 69% d) 761,258 721,823 39,435 Adult Jail 16,236,326 12,316,495 70% h) 17,488,887 16,862,731 626,156 Court Security 270,173 364,851 89% c) h) 410,659 510,327 (99,668) Emergency Services 284,009 258,150 68% e) 379,092 341,811 37,281 Special Services 1,500,791 1,198,299 78% f) 1,543,848 1,512,030 31,818 Training 590,962 526,225 80% g) 654,646 687,771 (33,125) Other Law Enforcement Services 904,547 619,486 66% c) 935,144 856,520 78,624 Crisis Stabilization Center - 45,168 8% 558,424 71,424 487,000 Non -Departmental 112,846 1,558 3% i) 52,077 52,423 (346) Total Expenditures 37,319,993 28,479,845 69% 41,027,669 39,447,620 1,580,049 Revenue less Expenditures 2,192,980 8,918,243 (952,914) 1,025,857 1,978,771 Beginning Balance 11,225,692 13,418,672 121% 11,113,000 13,418,672 2,305,672 Ending Balance $ 13,418,672 $ 22,336,915 $ 10,160,086 $ 14,444,529 $ 4,284,443 Beginning Net Working Capital per FY 2019 Requested Budget $ 13,837,807 a) Historically, 95% of the current year taxes are received by the end of March. b) $25,000 contribution to suicide/substance abuse hotline. Open Civil Tech position in Civil/Special Units division reclassified as HR Analyst in Sheriff Services division c) Unfilled FTE. Overtime is expected to exceed budget. d) Open Records Admin Supervisor position will be converted to a Sergeant position. e) Projection includes $8,000 reimbursement for Solar Eclipse expenditures. f) Grant of $50,000 for purchase of $67,500 boat. g) Projection increased due to an unbudgeted rifle purchase. h) Projection based on YTD actual adjusted for one-time transactions I) Includes the $50,000 transferred from Fund 701/702 to Fund 256 Communication Reserve Page 3 Revenues State Grants OHP Capitation Administrative Fee Environmental Health Fees State - OMAP Federal Grants Patient Fees Local Grants Local Government payments Title 19 State Shared -Family Planning State Miscellaneous Liquor Revenue Divorce Filing Fees Interfund Contract -Gen Fund Vital Records Interest on Investments Other Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In -General Fund Transfers Out Total Transfers Change in Fund Balance Beginning Fund Balance Ending Fund Balance Health Services Schedule of Financial Operations Data FY 2017 Actual $ 13,186,170 9,950,347 1,143,411 909,870 938,760 574,848 335,616 1,846,627 510,428 602,998 166,903 206,999 156,399 157,603 127,000 260,545 99,844 31,560,767 Year to Date July 1, 2017 through March 31, 2018 (75% of the Actual I Budget $ 10,936,487 6,616,300 970,000 852,736 853,355 186,322 428,170 459,769 1,062,319 122,601 350,841 85,459 131,745 127,000 158,565 79,553 347,933 23,769,155 FY 2018 Budget Projected I Variance 70% a) e)1 $ 15,632,177 60% b) 11,044,000 75% 1,293,910 88% 964,397 82% 1,037,735 29% 650,866 118% 364,370 48% f) 957,457 N/A - 352% c) 302,170 61% 200,000 38% e) 934,753 57% 151,000 84% 157,603 100% 127,000 80% 198,000 55% 145,000 84% 413,083 69% 34,573,521 $ 18,169,668 8,834,900 1,293,910 965,296 1,066, 003 548,134 509,675 1,435,356 $ 2,537,491 (2,209,100) 899 28,268 (102,732) 145,305 477,899 1,397,200 1,095,030 202,500 2,500 770,287 (164,466) 151,000 - 131,745 (25,858) 127,000 - 210,000 12,000 99,800 (45,200) 429,387 16,304 36,341,861 1,768,340 24,133,045 20,412,418 71% d) 28,922,478 27,570,916 1,351,562 10,989,018 7,642,886 58% 13,270,073 12,957,690 312,383 135,653 136,461 12% 1,100,000 1,232,000 (132,000) 35,257,716 28,191,765 65% 43,292,551 41,760,606 1,531,945 4,684,193 1 3,438,145 75% 4,584,193 4,584,193 - 445,740 367,740 75% 490,320 490,320 - 4,238,453.00 3,070,405 75% 4,093,873 4,093,873 - 541,504 (1,352,205) (4,625,157) (1,324,872) 3,300,285 7,688,209 8,229,714 98% 8,434,473 8,229,714 (204,759) $ 8,229,713 $ 6,877,509 $ 3,809,316 $ 6,904,842 $ 3,095,526 Beginning Net Working Capital per FY 2019 Requested Budget $ 5,896,744 a) Collections from CCBHC have exceeded the amount forecasted for FY 18. Remaining months of FY 18 have been adjusted to reflect this trend. b) Projection based on FY 2017 collections and anticipated withholdings for panel providers. c) Title 19 revenue during the CCBHC demonstration project will be reimbursed at a higher rate than in prior years. d) Projections based on YTD unfilled positions and forecasted unfilled positions during the remainder of the year. e) State Grants reclassed to State Misc for presentation purposes. State Grant projection based on CCBHC wraparound at higher than budgeted. This offsets the reclassification to State Miscellaneous. f) Reclassification from State Grants to Local Grants for presentation purposes of approximately $412k. * Beginning NWC will be increased on the FY 2019 Budget Page 4 Revenues Admin- Operations Admin- GIS Admin- Code Enforcement Building Safety Electrical Env Health- On Site Prog Planning- Current Planning- Long Range Total Revenues Expenditures (by division) Admin -Operations Admin -GIS Admin -Code Enforcement Building Safety Electrical Env Health -On Site Pgm Planning -Current Planning -Long Range Total Expenditures Transfer In/ Out Out CDD Reserve Funds Net Transfers In/ Out Change in Fund Balance Beginning Fund Balance Ending Fund Balance Community Development Schedule of Financial Operating Data FY 2018 Budget I Projected I Variance $ 110,639 Year to Date July 1, 97% 2017 through March FY 2017 31, 2018 (75% of the $ 24,148 year - 0% 00 Actual Actual Budget FY 2018 Budget I Projected I Variance $ 110,639 $ 98,867 97% $ 102,042 $ 126,190 $ 24,148 230 - 0% 150 150 - 451,837 400,005 71% 565,544 571,544 6,000 2,903,075 2,128,782 72% a) 2,948,636 3,007,413 58,777 745,810 534,061 72% 743,927 730,618 (13,309) 678,469 586,058 86% a) 680,460 731,266 50,806 1,530,513 1,336,337 83% a) 1,614,855 1,697,710 82,855 577,420 412,041 5,496,151 60% 75% 682,919 7,338,533 581,052 7,445,943 (101,867) 107,410 6,997,993 1,750,586 1,406,353 66% b) 2,117,813 2,017,144 100,669 136,312 140,107 99% 141,439 201,548 (60,109) 357,992 305,907 68% b) 448,238 443,983 4,255 1,249,842 970,330 64% b) 1,524,982 1,393,285 131,697 320,568 241,871 61% b) 398,758 359,341 39,417 399,914 337,336 74% 456,234 461,894 (5,660) 1,179,944 949,702 64% b) 1,479,295 1,335,095 144,200 390,649 252,866 4,604,472 44% 65% b) 569,088 7,135,847 374,011 6,586,301 195,077 549,546 5,785,807 1,375,000 617,658 (617,658) 274,022 75% 823,610 (823,610) (620,924) 823,610 (823,610) 36,032 - - 656,956 (1,375,000) (162,814) 2,330,492 2,167,678 $ 2,441,700 132% 1,640,386 $ 1,019,462 2,167,678 $ 2,203,710 527,292 $ 1,184,248 $ 2,167,678 Beginning Net Working Capital per FY 2019 Requested Budget $ 2,203,711 a) Projection increased due to higher than expected permit application volume b) Projection decreased due to year to date unfilled positions. Page 5 Revenues Motor Vehicle Revenue Federal - PILT Payment Other Inter -fund Services Federal Reimbursements Cities-Bend/Red/Sis/La Pine State Miscellaneous Forest Receipts Sale of Equip & Material Mineral Lease Royalties Assessment Payments (P&I) Interest on Investments Miscellaneous Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Payment from Solid Waste Transfers Out Total Transfers Change in Fund Balance Beginning Fund Balance Ending Fund Balance Road Schedule of Financial Operating Data FY 2018 Variance $ 12,930,670' $ 10,240,705 77% a) $ 13,260,000 $ 14,300,000 $ 1,040,000 1,323,365 Year to Date July 1, FY 2017 2017 through March 1,623,000 31, 2018 (75% of the (48,752) year) 504,878 34% of Actual Actual IBudget FY 2018 Variance $ 12,930,670' $ 10,240,705 77% a) $ 13,260,000 $ 14,300,000 $ 1,040,000 1,323,365 1,574,248 97% b) 1,623,000 1,574,248 (48,752) 1,065,930 504,878 34% c) 1,501,525 1,474,525 (27,000) - - 0% d) 955,549 591,549 (364,000) 488,114 92,141 13% e) 710,000 534,837 (175,163) 593,969 708,482 109% f) 651,213 728,482 77,269 381,533 384,807 96% g) 400,000 384,807 (15,193) 273,353 262,446 69% h) 381,900 323,700 (58,200) 183,312 18,710 11% 175,000 175,000 - 87,079 74,806 85% 1) 88,000 93,000 5,000 112,444 79,526 88% j) 90,000 107,281 17,281 50,391 51,465 13,992,212 125% 70% k) 41,092 19,877,279 60,000 20,347,429 18,908 470,150 17,490,159 5,877,065 4,350,559 71% 1) 6,161,974 5,911,974 250,000 8,903,281 4,214,831 31% n) 13,715,873 8,095,430 5,620,443 68,721 24,268 8,589,659 11% 43% m) 228,000 20,105,847 46,000 14,053,404 182,000 6,052,443 14,849,067 362,453 ® - - 9,067,643 6,000,000 100% 6,000,000 6,000,000 - (8,705,190) (6,000,000) 100% (6,000,000) (6,000,000) - (6,064,098) 1 (597,447) 10% (6,228,568) 294,025 6,522,593 14,840,939 8,776,841 101% 8,684,589 8,776,841 92,252 $ 8,776,841 $ 8,179,394 $ 2,456,021 $ 9,070,866 $ 6,614,845 Beginning Net Working Capital per FY 2019 Requested Budget $ 8,693,653 a) HB 2017 increase for FY 18: $1.04M. b) PILT payment received in July was less than budgeted. c) Weed spraying and vehicles repairs anticipated to be less than budgeted. d) FLAP reimbursement based on projected completed projects. e) Contracted work is anticipated to be less than budgeted. f) ODOT allocation work more than budgeted. $20k revenue from State TSAP grant was not budgeted. g) Receipts are anticipated to be less than budgeted. h) Sale of weed spray anticipated to be less than budgeted. I) Assessment payments are trending less than budgeted. k) $8k for Nash fire sign rental and $3.8k electric rebate unbudgeted 1) Projections based on YTD actual unfilled positions and remaining months are projected to be the same as March. m) $4.8 million, appropriated in FY 2018 for cost of overlays, will be expended in future periods. Road Striping Materials and Aggregate anticipated to be $365k less than budgeted. Engineering, Contract Road Services and Temp Labor anticipated to be $374k less than budgeted. n) Right of way acquisition and traffic safety budgeted in Fund 325 will be expended from Fund 465. Page 6 Revenues DOC Grant in Aid SB 1145 CJC Justice Reinvestment DOC Measure 57 Electronic Monitoring Fee Probation Superv. Fees DOC -Family Sentence Alt Interfund - Sheriff Gen Fund/Crime Prevention DOJ/Arrest Grant Alternate Incarceration State Subsidy Interest on Investments Probation Work Crew Fees State Miscellaneous Miscellaneous Total Revenues Expenditures Personnel Services Materials and Services Capital Outlay Total Expenditures Transfers Transfers In -General Fund Transfer to Veh Maint Total Transfers Change in Fund Balance Beginning Fund Balance Ending Fund Balance Adult Parole Probation Schedule of Financial Operating Data FY 2018 Variance $ 3,650,168 Year to Date July 1, FY 2017 2017 through March $ 3,940,708 31, 2018 (75% of the $ 392,582 year) 844,831 121% % Of Actual Actual Budget FY 2018 Variance $ 3,650,168 $ 3,249,997 82% a) $ 3,940,708 $ 4,333,290 $ 392,582 845,836 844,831 121% b) 699,506 844,831 145,325 240,315 233,900 100% c) 234,315 233,900 (415) 133,292 102,430 60% d) 170,000 140,000 (30,000) 209,708 140,831 67% d) 210,000 200,000 (10,000) 110,797 114,683 - a) - 114,683 114,683 50,000 37,500 75% 50,000 50,000 - 50,000 25,000 50% j) 50,000 50,000 - 46,736 11,684 106% 11,000 11,684 684 29,985 6,908 34% i) 20,035 6,908 (13,127) 16,367 12,252 78% a) 15,610 17,000 1,390 28,990 25,573 256% f) 10,000 33,000 23,000 5,958 1,188 20% d) 6,000 1,500 (4,500) - - 0% k) 4,300 - (4,300) 1,256 497 99% f) 500 600 100 5,419,408 4,807,273 89% 5,421,974 6,037,396 615,422 4,097,354 3,136,101 70% e) 4,455,860 4,250,000 205,860 1,509,684 1,094,356 59% h) 1,843,865 1,500,000 343,865 15,986 28,434 - 9) 28,434 (28,434) 5,623,023 4,258,891 68% 6,299,725 5,778,434 521,291 451,189 338,392 75% 451,189 451,189 - 22,000 33,000 75% 44,000 44,000 - 429,189 305,392 75% 407,189 407,189 - 225,574 853,774 (470,562) 666,151 1,136,713 1,465,370 1,690,943 123% 1,375,000 1,690,943 315,943 $ 1,690,943 $ 2,544,717 $ 904,438 $ 2,357,094 $ 1,452,656 Beginning Net Working Capital per FY 2019 Requested Budget $ 2,200,000 a) Projection increased due to additional revenue being granted by legislature after budget adoption. b) Legislature increased grant subsequent to adoption of FY 2018 budget. c) Annual payment received in January 2018. Projection decreased due to less than anticipated revenue granted by legislature after budget adoption. d) Projected to be less than anticipated revenue related to electronic monitoring, supervision, and work crew fees e) Projected to be less than appropriated due to vacancies. Includes expected Class/Comp increase. f) Projection based on trending. g) Projection increased due to unanticipated purchases related to security. h) Projected to be less than anticipated expenditure related to offender treatment contract payments and data dashboard. i) State prison transition program elimated. j) General Fund grant received quarterly k) Reimbursement for offender services not expected to be utilized this fiscal year. Page 7 Operating Revenues Franchise Disposal Fees Private Disposal Fees Commercial Disp. Fees Franchise 3% Fees Yard Debris Recyclables Equip & Material Special Waste Interest Leases Miscellaneous Total Operating Revenues Operating Expenditures Personnel Services Materials and Services Capital Outlay Debt Service Total Operating Expenditures Transfers Out SW Capital & Equipment Reserve Total Transfers Out Change in Fund Balance Beginning Fund Balance Solid Waste Schedule of Financial Operation Data 5,459,396 Year to Date July 1, FY 2017 2017 through March 6,188,263 31, 2018 (75% of the 2,095,262 year) 89% 2,012,522 00 Actual Actual Budget 5,459,396 4,542,214 71% 6,391,644 6,188,263 (203,381) 2,095,262 1,797,400 89% 2,012,522 2,532,121 519,599 1,729,096 1,408,221 81% 1,742,832 1,908,459 165,627 254,304 113,680 47% a) 240,000 255,000 15,000 171,470 135,491 81% 168,000 206,439 38,439 13,467 12,417 103% 12,000 17,887 5,887 18,590 - - - - - 28,812 8,952 36% b) 25,000 13,433 (11,567) 31,959 14,708 74% 20,000 20,000 - 10,801 8,101 75% 10,801 10,801 - 59,241 42,992 8,084,177 123% 76% 35,000 10,657,799 56,264 11,208,667 21,264 550,868 9,872,398 2,049,320 1,598,658 70% 2,278,466 2,154,396 124,070 4,334,705 3,014,389 62% d) 4,859,217 5,012,085 (152,868) 127,449 68,173 55% 125,000 108,631 16,369 858,512 310,982 4,992,202 36% c) 61% 861,102 8,123,785 861,102 8,136,214 - (12,429) 7,369,985 1 3,075,000 2,572,500 (572,588) 519,476 1,810,265 1 1,237,677 $ 1,237,677 $ 1,757,153 100% 2,580,000 2,580,000 - 100% 2,580,000 2,580,000 - (45,986) 492,453 538,439 201% 615,872 1,237,677 621,805 $ 569,886 $ 1,730,130 $ 1,160,244 Beginning Net Working Capital per FY 2019 Requested Budget $ 1,730,130 a) Franchise fee payment is due on May 15, 2018. b) Special waste revenues can be unpredictable with fees coming in from special clean-up projects on an as needed basis. c) Debt Service payments are made in November and May. d) Projection includes a contract for solid waste management plan. As the budget was adopted at the program level for Funds 610-614 combined, unlikely that an additional appropriation will be required. Page 8 Revenues Inter -fund Charges: General Liability Property Damage Vehicle Workers' Compensation Unemployment Claims Reimb-Gen Liab/Property Process Fee-Events/Parades Miscellaneous Skid Car Training Interest on Investments TOTAL REVENUES Direct Insurance Costs: GENERAL LIABILITY Settlement / Benefit Defense Professional Service Insurance Loss Prevention Miscellaneous Repair / Replacement Total General Liability PROPERTY DAMAGE Property Damage Charges Insurance Loss Prevention Repair/ Replacement Total Property Damage VEHICLE Professional Service Insurance Loss Prevention Miscellaneous Repair / Replacement Total Vehicle WORKERS' COMPENSATION Settlement / Benefit Professional Service Insurance Loss Prevention Miscellaneous Total Workers' Compensation UNEMPLOYMENT - Settlement/Benefits Total Direct insurance Costs Insurance Administration: Risk Management Schedule of Financial Operating Data $ 931,319 Year to Date July 1, FY 2017 2017 through March 293,657 31, 2018 (75% of the I 197,155 year) 75% 1,228,053 % O Actual Actual I Budget $ 931,319 $ 788,462 75% 389,101 293,657 75% 197,155 146,314 75% 1,228,053 931,289 75% 280,921 266,646 75% 33,863 328,083 1094% a) 1,980 1,395 78% 30 1,548 5160% 43,853 38,392 120% 58,644 59,677 2,855.462 81% 85% 3,164,919 711,705 55,410 27,039 20,913 6,250 12,440 339,723 212,032 1,347 188,829 171 - 33,673 1,166 1,119,908 301,961 - 176 5,101 173,873 12,000 1 122,074 14,779 139,175 188,829 781 $ 1,051,283 $ - 5,101 25,397 1,084 6,985 - 102,994 72,532 136.157 78,717 539,792 573,010 6,250 34,429 159,212 118,900 49,683 46,077 FY 2018 Budget Projected I Variance $ 1,051,283 $ 1,051,283 $ 391,542 391,542 195,085 195,085 1,241,718 1,241,718 354,609 354,609 30,000 335,000 305,000 1,800 1,800 - 30 1,600 1,570 32,000 40,000 8,000 73,464 73,464 3,371,531 3,686,101 314,570 38% 800,000 650,000 150,000 88% b) 215,000 504,199 (289,199) 79% 100,000 120,000 (20,000) 807,875 797,670 89% 900,000 1,100,000 (200,000) 56,497 30,960 21% 150,000 100,000 50,000 259,612 1,398,137 65% 2,165,000 2,474,199 (309,199) Personnel Services 327,505 265,527 77% 345,627 355,000 (9,373) Materials & Srvc, Capital Out. & Tranfs. 146,503 102,915 45% 226,699 226,699 Total Insurance Administration 474,008 368,442 64% 572,326 581,699 (9,373) Total Expenditures 2,733,620 1,766,578 1 65% c) 2,737,326 3,055,898 (318,572) Change in Fund Balance 431,299 1,088,884 634,205 636,576 2,371 Beginning Fund Balance 4,928,271 5,359,570 109% 4,897,636 5,359,570 461,934 Ending Fund Balance $ 5,359,570 1 $ 6,448,454 $ 5,531,841 $ 5,996,146 $ 464,305 Beginning Net Working Capital per FY 2019 Requested Budget $ 5,600,000 a) Claims reimbursement includes insurance payment of $254,199 for Fair/Expo roof damage. b) Projection includes expenditure is for the Fair/Expo roof replacement. c) An appropriation transfer may be required, Page 9 DC 9-1-1 (Funds 705 and 707) Schedule of Financial Operating Data Revenues Year to Date July 1, FY 2017 2017 through March 31, 2018 (75% of the ear $ 7,496,065 $ 7,681,579 70-07- 0Actual Actual Actual Budget Revenues Property Taxes - Current $ 7,496,065 $ 7,681,579 97% a) $ 7,926,725 $ 7,966,725 $ 40,000 Property Taxes - Prior 109,702 104,940 123% 85,000 120,900 35,900 Property Taxes - Jefferson County 32,518 30,752 93% a) 33,000 33,000 - State Reimbursement 869,734 15,000 14% b) 110,000 15,000 (95,000) State Grant 276,510 - N/A - - - Telephone User Tax 865,111 445,421 51% c) 880,000 880,000 - Data Network Reimb. 86,263 - 0% 55,000 55,000 - User Fee 58,981 56,943 63% 90,000 90,000 - Police RMS User Fees 326,030 63,191 25% d) 250,119 250,119 - Contract Payments 130,756 - 0% 193,000 193,000 - Miscellaneous 3,562 14,608 54% 27,000 27,000 - Interest 105,258 71,135 111% 64,000 89,500 25,500 Total Revenues 10,360,491 8,483,569 87% 9,713,844 9,720,244 6,400 Expenditures Personnel Services 5,867,156 5,040,800 71% 7,070,919 6,770,919 300,000 Material and Services 3,254,372 2,433,104 80% b) 3,047,724 2,937,724 110,000 Capital Outlay 4,941,447 1,536,851 70% 2,210,000 2,210,000 - Total Expenditures 14,062,974 9,010,755 73% 12,328,643 11,918,643 410,000 Transfers Transfers In 400,000 1,300,000 100% 1,300,000 1,300,000 - Transfers Out - 493,863 N/A 493,863 493,863 - Total Transfers 400,000 806,137 100% 806,137 806,137 - Change in Fund Balance (3,302,483) 278,952 (1,808,662) (1,392,262) (403,600) Beginning Fund Balance 10,563,485 7,261,002 110% 6,600,000 7,261,001 661,001 Ending Fund 705 & 707 Balance 7,261,002 $ 7,539,954 $ 4,791,338 $ 5,868,739 $1,077,401 Ending Bal. DC Reserve (710) 3,394,078 2,622,583 2,433,863 2,634,583 200,720 8,503,322 Fund 705 & 707 Beginning Net Working Capital per FY 2019 Requested Budget $ 6,000,000 Fund 710 Beginning Net Working Capital per FY 2019 Requested Budget $ 2,625,000 a) Historically, 95% of the current year taxes are received by the end of March. b) Four workstations will not be purchased as the State will not be providing the resources. c) Q3 payment expected by the end of May. Page 10 Health Benefits Fund Statement of Financial Operating Data FY 2018 July 1, 2017 through March 31, 2018 % of Exp covered by Revenues 1 104.3%11 105.3%1 1 97.9%1 103.5% Beginning Net Working Capital per FY 2019 Department Budget 16,051,586 a) Year to Date Annualized b) 12 -Month rolling average with 8% increase over prior year c) Projection: year to date actual plus encumbrances. d) $20,000 Pacific Source for "Wellness/Implement Grant", $22,792 Aetna PPO Rebate, $130 EBMS Rebate, $73,321 Stop Loss Refund Page 11 jrf 4/2/2018 FY 2017 Actual FY 2018 Actual % of Bud et Budget Projection $ Variance Revenues: Internal Premium Charges $ 16,955,229 $ 13,173,323 78% a) 16,865,000 17,564,431 699,431 Part -Time Employee Premium 2,585 1,819 N/A a) - 2,425 2,425 Employee Monthly Co -Pay 923,805 709,605 77% a) 925,000 960,105 35,105 COIC 2,165,312 1,372,883 62% 8) 2,224,000 1,830,511 (393,489) Retiree / COBRA Co -Pay 1,202,895 942,160 78% a) 1,211,803 1,256,213 44,410 Prescription Rebates 52,995 48,655 N/A - 48,655 48,655 Claims Reimbursements & Misc 82,361 116,243 77% d) 150,000 116,243 (33,757) Interest 168,140 157,176 75% a) 210,000 209,568 (432) Total Revenues 21,553,322 16,521,864 77% 21,585,803 21,988,151 402,348 Expenditures: Materials & Services Admin & Wellness Claims Paid -Medical 13,016,901 10,213,904 72% b) 14,125,000 13,449,586 675,414 Claims Paid -Prescription 977,260 944,767 89% b) 1,060,000 1,221,825 (161,825) Claims Paid-Dental/Vision 2,141,054 1,434,379 62% b) 2,315,000 1,975,152 339,848 Stop Loss Insurance Premium 366,633 365,409 86% c) 425,000 446,950 (21,950) State Assessments 6,269 - 0% 6,600 6,600 Administration Fee (TPA) 461,375 468,543 101% c) 465,000 612,897 (147,897) Preferred Provider Fee 91,904 68,250 105% c) 65,000 83,017 (18,017) Other -Administration 221,307 125,352 58% 214,431 214,431 - Other- Wellness 174,028 121,126 68% 178,900 178,900 Admin & Wellness 17,456,731 13,741,730 73% 18,854,931 18,189,358 665,573 Deschutes On-site Clinic Contracted Services 953,281 638,685 66% 975,000 975,000 - Medical Supplies 72,219 50,134 59% 85,000 85,000 Other 45,308 22,523 49% 45,943 45,943 Total DOC 1,070,808 711,342 64% 1,105,943 1,105,943 - Deschutes On-site Pharmacy Contracted Services 382,900 156,995 50% c) 312,000 268,186 43,814 Prescriptions 1,728,845 1,023,187 60% c) 1,700,000 1,618,086 81,914 Other 34,083 58,173 89% 65,418 65,418 - Total Pharmacy 2,145,828 1,238,355 60% 2,077,418 1,951,690 125,728 Total Expenditures 20,673,366 15,691,426 71% 22,038,292 21,246,991 791,301 Change in Fund Balance 879,955 830,438 (452,489) 741,160 1,193,649 Beginning Fund Balance 14,502,622 15,382,578 103% 15,000,000 15,382,578 382,578 Ending Fund Balance $ 15,382,578 $ 18,213,015 $ 14,547,511 $16,123,738 $ 1,576,227 % of Exp covered by Revenues 1 104.3%11 105.3%1 1 97.9%1 103.5% Beginning Net Working Capital per FY 2019 Department Budget 16,051,586 a) Year to Date Annualized b) 12 -Month rolling average with 8% increase over prior year c) Projection: year to date actual plus encumbrances. d) $20,000 Pacific Source for "Wellness/Implement Grant", $22,792 Aetna PPO Rebate, $130 EBMS Rebate, $73,321 Stop Loss Refund Page 11 jrf 4/2/2018 FAIR AND EXPO CENTER Schedule of Financial Operating Data Year to Date July 1, 2017 through March 31, 2018 (75% of the year) Operating Revenues FY 2017 FY 2018 Year to Date Actual Actual Actual % of Budget Operating Revenues FY 2018 (113,922) Budget General F & E Activities Events Revenues $ 538,512 $ 305,988 56% Storage 66,879 TRT Grant 49,232 76% Camping at F & E 21,148 812,908 5,825 29% Horse Stall Rental 34,953 1 10,869 27% Food & Beverage Activities, net 119,129 0% 69,520 58% a Annual County Fair (net) 440,000 Other: 287,452 67% b Interfund Contract 30,000 30,000 22,500 75% c Miscellaneous 14,198 76,599 3,647 49% Total Operating Revenues 1,264,818 1 755,034 60% Operating Expenditures, net of TRT: FY 2018 (113,922) Budget General F & E Activities Variance 544,000 $ 504,333 Personnel Services 940,667 729,642 69% d TRT Grant (188,255) (156,478) 78% Materials and Services 812,908 698,627 57% TRT Grant (167,827) (190,773) 30% Capital Outlay 30,000 - 0% Total Operating Exp, net of TRT 1,397,493 1,081,018 74% Other: 1,050,695 986,684 64,011 Park Acq/Dev (Fund 130) 30,000 22,500 75% Rights & Signage 116,130 76,599 65% Interest 1,789 315 32% Total Other 147,919 99,414 67% Results of Operations 15,244 (226,571) 110,199 Transfers In / Out 1,000 315 685 Transfer In -General Fund 250,000 150,000 75% Transfer In -Room Tax - (Fund 160) 25,744 19,308 75% Trans In(Out)-Fair & Expo Reserve 55,000 - 0% Total Transfers In 220,744 169,308 120,292 Non -Operating Rev & Exp 105,452 101,824 101,824 Debt Service 102,536 56,660 56% Total Non -Operating Expenditures 102,536 56,660 56% Change in Fund Balance FY 2018 (113,922) Budget Projected Variance 544,000 $ 504,333 $ (39,667) 65,000 79,232 14,232 20,000 25,325 5,325 41,000 41,869 869 120,695 119,107 (1,588) 430,626 287,452 (143,174) 30,000 30,000 - 7,500 9,647 2,147 1,258,821 1,096,965 (161,856) 1,050,695 986,684 64,011 (200,000) (209,578) 9,578 1,223,563 973,627 249,936 (635,070) (259,523) (375,547) 15,000 - 15,000 1,454,188 1,491,210 (37,022) 30,000 30,000 118,000 110,199 (7,801) 1,000 315 685 149,000 140,514 (8,486) (46,367) (253,731) (207,364) 200,000 200,000 - 25,744 25,744 - 105,452 - 105,452 120,292 225,744 105,452 101,824 101,824 - 101,824 101,824 - (27,899) (129,811) (101,912) 225,000 180,735 44,265 $ 197,101 $ 50,925 1 146,176 Change in Fund Balance 133,452 (113,922) Beginning Fund Balance 47,283 180,735 80% Ending Fund Balance 180,735 $ 66,813 Beginning et Working Capitalper Department u get a) See "Food & Beverage Activities Schedule" b) Revenues and Expenses for the annual County Fair are recorded in a separate fund and the available net income is transferred to the Fair & Expo Center Fund c) Reimbursement from RV Park for personnel expenditures recorded in F&E d) Personnel projection based on February actual Page 12 M 0 0) (0 IL N O O O a 00 O O o 00 O LO C) In O o) O O O (D ca O O c0 0 0 O Ln Ln O o) •0 O ' O ' O h O oD OD N aj O O O h pl L CD :3 N N N -0 w N. Ln w h O V 14 Ln M 0) O m r O O N Ln co It N M e} N 00 s- .- N r r U- fR r M 0) Ln a 00 0 O o 00 0) I- N 00 O (tl N M h 0) M r r 0) O d' Ln 0) N o N m 0 0 O O O to K) M OD N T"� Ln Ln O LC) M Ln Ln 0) LO In O (0 (D (D r 0) 00 00 0) o co N O M O N N 0 O U7 r N CA O tD N r r W h0) 03) o M O M M n r O CD Ln leN N N N r CO h Ln 0) r h N Q)O O O U r Mme M N (n f� O O O O MM N M N Cl) M 0 et M LO dam' Cl) CA 00 ftl hH Ln Ln m M o W co to O o V' O Ln d' u) f- Ln M N N M m LO (D LO V N Ch 00 M co of r r Ln N NN CO M 0) N N uj O OD V N �'- M N r tD 0) :3 LO RN N R CN M of O CO MN w .0 M (D LL N d- I-- in Ln o 0) m M 00 o cO 00 h c0 O N tt O Ln In O O N 0) M O N M Cl) 0) It It O m L,ry Cy� M h D) •- V M N nj ' ti ti M (O O CD D Ln 00 �- ?,-N P- co O w 0) et M M N O sY N N N N r r r � !g tl> LO co 00 V N N CO 0) o CA 0) (D 0) of M O Ln Ln (D 00 0) CD fl- LQ' M1 LC) V to O M O le N 7 (D O O V N O M M n r 0) N N M N Lf) O T M r r QV N N O vw fR O N r CO 0) 00 )� a Lo (fl � 'd' j LO N � Ln 00 CO - t-4 V c0 ' 00 Ln O LN (D LL) W .5 75 i 'O CNO c- l7) 0) rj O O O C:� 0) C C Q 0) N O N ~ N N V' tf� LC'I N N M 'st Cl) 0 N 0 U o Z OL j tD ll7 M o Cn (D CO O o Co _ CD (O 11X.I N � 00 M N CO tl' Ln Cl) in M O r m O M (b Cr! r Lf M oD f r Ln M C 70 0 In M N ]C4 co CD N I-- co v r r M OY r Cl) �Y r v O O D to w o r �' (� Ln CO O o O 0) (O M 0) M r OD � (D V' VT Cl) n r O) 0) V' O ef' n ,p E t` O c0 M to 0) 00 N dt CO co co O !� ti M Q) M N V N �-• M O cn r CL Cl)( � CA ti O M00 0 -;t O M mr o (D (D W V M 00 r h Ln Ln N O M co 00 m O) O n rl O N r I` O O 00 (D - Q) 1:11r („) Ln d' O N O 0 n M O { j) M N M N N r d to to OD M co 0) N o (D (O c1' CD o M M Do -.I- N LC) 0) M d O N c0 (D Ln Lli (D c0 co (D Ln N to 7, (D CA OD O M to 00 r d: Cl) ' M Ln d• O t� 5 er Lj) to .-- r M 1.6 •� N N f6 CD 0) M n e N Ln in W) e r CO r 0) V M 0) :3 O N Cl) O LO O N M LO V (O Cl) 0) O N N U V• CA O a! O M oc C7 -: c! n "' O It In N t+ r Q M ;I- Ln O Lr) M Ln 0) IT tF 00 O Ln O Ln 0) P. N N N N N N O N N - N M N r- m ILL 4) d7 CA N V d pi T o 'L °C �' c a Con o -006 ra m oad j N 0) o tU m � d a !220' (n tCn cu 0 d G c o 0 w ` a) to C c V 0 0 a a0i C ai o: °' c ... U vm c O r(n o W w c m .,m�cU u a w w > yr M (n m o R o 0) - E d �'m (a w� 0 0 caU c CL c 0 u tY 0 I- i9 a 0 1- w F- 5 M 0 0) (0 IL Justice Court Schedule of Financial Operating Data Year to Date July FY2017 1, 2017 through March 31, 2018 (75% of the year) % of Actual I Actual I Budget Revenues Court Fines & Fees $ 545,628 $ 434,474 82% a) $ 530,000 $ 579,298 $ 49,298 Interest on Investments 1,348 910 61% 1,500 1,200 (300) Total Revenues 546,976 435,384 82% 531,500 580,498 48,998 Expenditures Personnel Services 467,419 344,569 71% b) 486,471 471,877 14,594 Materials and Services 153,817 106,166 75% c) 142,392 139,811 2,581 Total Expenditures 621,236 450,735 72% 628,863 611,688 17,175 Net from Operations (74,260) (15,351) (97,363) (31,190) 66,173 Transfers Transfers In- General Fund 25,000 52,500 75% 70,000 70,000 - Total Transfers 25,000 52,500 75% 70,000 70,000 - Change in Fund Balance (49,260) 37,149 (27,363) 38,810 66,173 Beginning Fund Balance 161,702 112,442 132% 85,000 112,442 27,442 Ending Fund Balance $ 112,442 $ 149,591 $ 57,637 $ 151,252 $ 93,615 Beginning Net Working Capital per FY 2019 Requested Budget $ 144,000 a) Year to date annualized. b) Based on projected payroll in budget central c) Projected based on outstanding obligations related to rent, utilities, and internal services. Page 14 REVENUES Room Taxes Interest Total Revenues EXPENDITURES Administrative Auditing Services Temporary Help Interfund Contract ISF Public Notices Printing Office Supplies Postage Total Administrative Current Distributions Sheriff's Office Sunriver Service Dist COVA (20% of the 6%) COVA (100% of the 1%) Grants Third Party Grants Inter -fund Grants F&E Center Annual County Fair RV Park Inter -fund Transfers F&E Center F&E Reserve Fund Total Distributions Total Expenditures Change in Balance Beginning Balance Ending Balance Deschutes County Room Taxes (Funds 160 and 170) Budget and Actual - FY 2018 YTD March 2018 Fund 160 - 7% of TRT Fund 170 - 19e. of TRT Combined - 8% TRT Budget I Actual Budget I Actual I udget Actual $ 5,880,000 $ 5,136,936 10,000 16,892 5,890,000 5,9.53,828 10,937 - 7,064 847 48,238 48,238 32,287 32,287 2,669 1,103 1,881 1,212 897 - 2,647 624 106,620 84,311 3,151,787 2,363,840 200,000 - 982,256 824,382 820,164 693,127 25,744 19,308 5,179,951 3,900,657 5,286,571 3,984,969 15,30S 15,305 603,429 1,168,859 407,000 449,923 $ 1,010,429 $ 1,618,782 $ 840,000 $ 733,852 7,000 6,252 847,000 740,104 1,563 - - 113 9,048 8,039 15,30S 15,305 381 158 269 173 128 - 378 89 27,072 23,877 - 8,000 839,242 347,251 70,000 108,193 70,000 27,163 245,978 184,484 1,225,220 675,090 1,252,292 698,967 (405,292) 41,137 405,292 467,133 $ - $ 508,270 $ 6,720,000 $ 5,870,788 17,000 23,144 6,737,000 5,893,931 12,500 2,363,840 7,064 960 57,286 56,277 47,592 47,592 3,050 1,260 2,150 1,385 1,025 108,193 3,025 713 133,692 108,188 3,151,787 2,363,840 200,000 982,256 824,382 820,164 693,127 - 8,000 839,242 347,251 70,000 108,193 70,000 27,163 25,744 19,308 245,978 184,484 6,405,171 4,575, 747 6,538,863 4,683,935 198,137 1,209,996 812,292 917,056 $ 1,010,429 $ 2,127,052 of Budget 87.4% 136.1% 87.5% Page 15 RV Park (Fund 618) Statement of Financial Operating Data YTD March 31, 2018 Other Resources/Expenditures Interest on Investments FY 2017 FY 2018 290% 1,500 FY 2018 Transfers In - Park Fund (130) 160,000 160,000 100% % of 160,000 - TRT Grant 37,871 27,163 39% b) Actual Actual Budget (222,736) Budget Projection $ Variance Revenues Net Other (21,558) 31,713 9,364 13,564 4,200 RV Park Fees < 31 Days $ 364,685 $ 254,660 78% a) $ 325,000 325,000 - RV Park Fees > 30 Days 7,300 11,900 298% 4,000 11,900 7,900 Washer / Dryer 3,497 2,734 91% 3,000 3,000 - Vending Machines 1,515 1,214 101% 1,198 1,198 - Room Tax Collection Fee 2,085 1,286 129% 1,000 1,500 500 Cancellation Fees 5,198 4,821 321% 1,500 4,821 3,321 Total Revenues 384,279 276,616 82% 335,698 347,419 11,721 Expenditures Materials & Services - Marketing 37,871 27,163 39% b) 70,000 70,000 - Interfund Contract - Personnel 30,000 22,500 75% c) 30,000 30,000 - Materials & Services - All Other 176,978 139,957 64% 217,508 217,508 Total Expenditures 244,848 189,620 60% 317,508 317,508 - Net from Operations 139,431 86,995 18,190 29,911 11,721 Other Resources/Expenditures Interest on Investments 3,307 4,344 290% 1,500 5,700 4,200 Transfers In - Park Fund (130) 160,000 160,000 100% 160,000 160,000 - TRT Grant 37,871 27,163 39% b) 70,000 70,000 - Debt Service (222,736) (159,794) 72% (222,136) (222,136) - Net Other (21,558) 31,713 9,364 13,564 4,200 Change in Fund Balance 117,873 118,709 27,554 27,554 15,921 Beginning Fund Balance 174,173 292,046 130% 225,000 292,046 67,046 Ending Fund Balance $ 292,046 $ 410,754 $ 252,554 $ 319,600 $ 82,967 Beginning Net Working Capital per FY 2019 Department Budget 319,000 a) 7,840 RV spaces, 27% utilization. b) Transient Room Tax available for Promotion Expenditures c) Personnel expenditures recorded in F&E which benefit RV Park JRF 4/3/2018 00 M CO U ) 'C N O v� a Y >, O CU d O C1 ,N 0 E O D �c U U M s v = 3 CD co > r N � N LL ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 O 1- N O CO C) 04 '-q CA C1- 0 0 00 M to N C- r 1- LO (D M LCA 00 It d d Q O N OLl)MON LO4NN N ° =3 U 0 CA ^ r O N r CM M M MT In W I` ti CD Y N M w M C- r r LC) (O co 0 0 0 N 0 'D (o M M M U) r r �- dt M 00 QC (l 61). r r O CDN i LL ` 14.NMMm0lgl* OOI'd'0 0 M to O LC) r Co N r O r ti Ln q O 0 QL() V O� 00 (O � N 00 O O r- v O CD N 1.47 P-: Ln M r N Ln q7 M C\ .1i LL r r r LA � r O O O O O O O O O O O O O C (O O LC) N r Co n O LO 00 1- Mf- M 00 d; 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As you know, the Canal Nomination was modified and resubmitted to the Oregon State Historic Preservation Office ("SHPO") and is thereby being resubmitted to the Deschutes County Historic Landmarks Commission ("HLC") for a subsequent report. Mr. Liday's letter argues, in part, that "the HLC is required to conduct all of its activities in open meetings, pursuant to the quasi-judicial requirements." The Board of County Commissioners believes Mr. Liday's conclusion misinterprets the DCC and overstates the HLC's task, so we respectfully submit this letter to clarify the HLC's authority to both consider the Canal Nomination and provide its requisite report to SHPO. The Board interprets DCC 2.28.040(L), which requires a quasi-judicial land use hearing, as applying only to local desienations. To support the proposition that a quasi-judicial land use hearing is required, Mr. Liday's letter considers in isolation only a portion of Deschutes County Code ("DCC") 2.28.040(L): The [HLC] shall review all information which it has and shall hold hearings as prescribed in DCC22.24.050 through 22.24.160. "DCC 22.24.050 through 22.24.160" are code provisions governing "land use action hearings." Thereby, Mr. Liday argues that the HLC must "conduct all of its activities in open meetings," following "quasi-judicial requirements" applicable to land use hearings. The Board, however, disagrees based on a more harmonious interpretation of DCC 2.28.040(L) in relation to other applicable county code provisions and federal statutes. Notably, DCC 2.28.060(C)(1) clarifies that Deschutes County has different procedures for local designations compared to the subject nomination to the National Register of Historic Places (emphasis added): Upon receipt of an application from a private party or group of people or upon the request from the Landmarks Commission for local designation of a historic district within the unincorporated County or upon direction by the Board or upon its own motion, the Planning Division shall fix a date and time for a public hearing before the Board on a historic district recommended for designation. This section is not qpplicable to nominations for listing historic districts on the National Register of Historic Places. 1300 NW Wall Street Bend, Oregon 97703 (541) 388 6571 @ board@deschutes .org www.deschutes.org/cd 6 0 A R 0 C 0 I'Y C 0 M M i S S 10 N E R 5)' Likewise, DCC 2.28.080 reinforces the distinction by clarifying that local designations made pursuant to DCC Chapter 2.28 do not qualify for federal tax credits that instead only apply to buildings listed on the National Register of Historic Places. Last, the Board has no intention of requiring the HLC to conduct a quasi-judicial land use hearing for the Canal Nomination when federal law clearly does not require such a process. As opposed to being a decision - maker, the HLC's role is simply to "prepare a report as to whether the property, in the [HLC's] opinion, meets the criteria of the National Register." 54 USCS § 302504(b). Rather than the complexities of a quasi-judicial land use hearing, federal law instead imposes the far -less onerous requirement that the HLC should prepare its report after providing a "reasonable opportunity for public comment." 54 USCS § 302504(b). Pleased by advised that pursuant to this letter, the Board formally interprets DCC 2.28.040(L) to apply only to local designation. Pursuant to DCC 2.28.040(R), the Board requests that the HLC review the subiect nomination and provide a report to SHPO pursuant to procedures the HLC deems most appropriate. As discussed above, DCC Chapter 2.28 is intended primarily to apply to local designations with very few provisions applying to "other duties" such as the subject Canal Nomination to the National Register of Historic Places. Under such circumstances, DCC 2.28.040(R) provides the following guidance: The [HLC] shall perform such other duties relating to historical matters as the Board of County Commissioners may request. The Board hereby requests that the HLC follow 54 USCS § 302504(b) and, after providing reasonable opportunity for public comment, prepare a report detailing the HLC's opinion as to whether the subject nomination meets the criteria of the National Register. Beyond noting state statues regarding public meetings (ORS 102.610 et seq.), the Board leaves to the HLC's discretion all other determinations as to how best to perform the aforementioned tasks, including whether or not to request written public comments or instead host a public meeting. Thank you for your individual participation on the HLC and your attention to this matter. Sincerely, Anthony DeBone, Chair Philip G. Henderson, Vice Tammy Baney, Commissioner Chair 1300 NW Wall Street Bend, Oregon 97703 ' (54'1) 388 6571 @ boardC�deschutes .org (@)\/vvvvv.deschutes.org/cd February 27, 2018 Tom Anderson County Administrator Deschutes County 1300 NW Wall Street, Suite 200 Bend, OR 97701 Dear Tom, Enclosed is an invoice showing your jurisdiction's assessment for COIC membership dues for FY 2018-2019, as well as, a memo detailing the justification behind the dues increase. 1 Everywhere Central Oregon Works The invoice is provided at this time to allow for inclusion as a line item in your upcoming budget cycle. Annual membership dues will be payable to COIC by July 27, 2018. These membership dues allow COIC to continue to serve the Central Oregon region. Only projects approved by the COIC Board will be funded with these monies. Please call me at (541)504-3306 if you have any questions or if you would like any additional information. Sincerely, —) N\ \- Karen Friend Executive Director cc: Wayne Lowry, Finance Director Enc, 334 NE Hawthorne Avenue, Bend, OR 97701 (541)548-8163 — Fax: (541) 923-3416 Office Locations: Bend, Klamath Palls, Lakeview, La Pine, Madras, Prineville, Redmond t Please make checks payable to: Central Oregon Intergovernmental Council 334 NE Hawthorne Ave. Bend, OR 97701 Deschutes County Attn: Wayne Lowry 1300 NW Wall Street, Suite 200 Bend, OR 97701 COO' Invoice Date: 2/27/2018 Amount Due: $19,516.00 Please remit payment by July 27, 2018 Please contact Michelle Williams, Fiscal Services Manager (541) 504-3303 with billing questions. Thank You! Amount Jurisdiction Membership Dues $19,516.00 *Adjusted to reflect PSU 2017 Certified Population Est. TOTAL$19,516.00' COO' Invoice Date: 2/27/2018 Amount Due: $19,516.00 Please remit payment by July 27, 2018 Please contact Michelle Williams, Fiscal Services Manager (541) 504-3303 with billing questions. Thank You! CENTRALOREGON M71 Ce tral Oregon Intergovern ental council334 NE Hawthorne Ave. Bend, OR 97701 541-548-81b3 www.coic.org INTEB00YERNMENrAL C 0 9 N C I L To: Tom Anderson From: Karen Friend, Executive Director Date: February 27, 2018 Re: Jurisdictional Dues Increase Background: The COIC Board approved a jurisdictional dues framework in February of 2007. Dues have been collected from each city and county since July, 2007. A total of $50,000 has been collected each fiscal year, with each jurisdiction contributing pro rata based on their percentage of regional population. The basis for this source of funding was an understanding that due to funding restrictions COIC has limited capacity to initiate new projects that can benefit the region and further COIC's mission. Unlike other government entities, COIC does not have any form of general fund to obligate for needs identification, project scoping, partnership building and grant writing or other resource development. Additionally, some grant funding applications require a local match contribution, which can be difficult for COIC to generate given the restricted use for most funding sources. The COIC Board set up a capacity fund structure to assure best use of these resources. Purpose and Structure of the Capacity Fund: The Board approved the following parameters for funding allocation: Allocations must be approved by the COIC board. In approving the recommended projects, the Board will consider if: o the proposed project is appropriate for COIC; o the project falls within the scope of the COIC purpose statements; o the project is of regional significance. Other criteria that may be considered by the Board, include, but are not limited to: o creates economies of scale (regional scale efficiencies); o leverages additional resources; o supports regional coordination. Summary of Projects: The capacity fund provides capacity and support for a wide range of community development, transportation, and economic development activities. A total of 62 separate allocations have been approved by the Board Average allocation amount: $8,686 Breakdown by program area: o CET infrastructure (buildings, etc.): 2 projects, $36,215 o CET operations, planning, and outreach: 19 projects, $216,985 • New roles — COIC is increasingly being asked to play new roles in the region, including; o Project/program development (current example = DWA) o Integrated regional policy needs identification and advocacy (example includes the 2017 regional Joint Resolution on transportation funding) Expending staff time on these activities is not supportable by o restricted funding sources. Table 1 demonstrates the impact of the increase for each me er jurisdiction of the increase of $20,000, and the cost to each jurisdiction before the new ann al amount of $70,000; Table 1. Impact to each jurisdiction of increasing dues from $50-$70K Population cosi a@ $SDK cost c@ $70K net change "Bend 86,765 $19,009 $26,612 $7,603 Redmond 28,265 $6,192 $8,669 $2,477 Sisters 2,540 $556 $779 $223 LaFine 1,730 $379 $531 $152 Deschutes Cnty-Net 63,680 $13,940 $19,516 $5,576 Prineville 9,880 $2,165 $3,0311 $865 Crook Cnty-Net 12,226 $2,678 $3,750 $1,072 Cuiuer 1,420 $311 $436 $125 Madras 6,300 $1,380 $1,932 $552 Metolius 740 $162 $227 $65 Jefferson Cnty-Diet 14,730 $3,227 $4,518 $1,291" totals 228,225 $50,000.00 $70,000.00 $20,000 The methodology chosen in 2007 by the COIC Board to assess membership dues to member jurisdictions was Population. That consistent methodology has been used for the previous 10 years. That same methodology is being used to assess the dues for the upcoming year and is reflected above in Table 1. 3