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2018-178-Minutes for Meeting April 11,2018 Recorded 5/22/2018• BOAROF D COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541 ) 388-6570 9:00 Alii Recorded in Deschutes County CJ2018-178 Nancy Blankenship, County Clerk Commissioners' Journal 05/22/2018 9;44;36 AM Yw,,I L'� II I I I II I I�III II I I IIIIII � II I I III 2018-178 III i Jill Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. No representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 9:00 a.m. PLEDGE OF ALLEGIANCE CITIZEN INPUT: Commissioner Baney mentioned the Board's attendance on Friday at the annual 911 awards banquet and expressed her gratitude for the dedication and service of the staff. She noted it is National Public Safety Communicator's Week and she reported on the awards and those that received them. Commissioners DeBone and Henderson concurred. r r 40KOI&I, CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. Commissioner Henderson requested to pull Consent Agenda Item 1 for discussion. HENDERSON: Move approval of Items 2, 3 & 4. BAN EY: Second. VOTE: HENDERSON: Yes. BAN EY: Yes. DEBONE: Chair votes yes. Motion Carried Consent Agenda Items: 1. SDC Installment Payment Agreement 2. Approval of Notes of the Round III Site Visit to the Sheriff's Office on October 18, 2017 3. Approval of Minutes of the March 21, 2018 Work Session 4. Approval of Minutes of the March 26, 2018 Business Meeting ACTION ITEMS Consent Agenda Item #1 as pulled for discussion. SDC Installment Payment Agreement. Chris Doty, Public Works Director presented this item. A System Development Charge allows, per Code, a 10 -year payment plan and places a lien on the property. Mr. Doty reviewed the penalties per Deschutes County Code if payments are not made. BAN EY: Move approval HENDERSON: Second VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried PAGE 2OF5 5. PUBLIC HEARING: Appeal of an Administrative Determination Approving a Marijuana Production Facility at 4725 NE ONeil Way, Redmond Commissioner Baney noted she will need to leave the hearing for a previously scheduled speaking engagement at 11:00 a.m. but will review the testimony through the video recording of the hearing. Isabella Liu, Associate Planner outlined hearing procedures. At this time, the Commissioners did not have any conflicts to disclose and no challenges were made by the audience. Commissioner DeBone opened the hearing. Ms. Liu reviewed the application. Commissioner DeBone reviewed the expectations of the time for the testimony. Jeremy Dickman attorney representing Kurt Rodgers owner of the property and Brody Tricky, business partner. Mr. Rodgers is currently a resident of South Carolina. At least one of Mr. Rodgers children are expected to move to the property permanently. Mr. Dickman reviewed the property design. Larry Sharp, mechanical engineer spoke on the design elements of the odor and noise control systems. Discussion held on the system designs. Commissioner Baney feels it would be beneficial to add practical application information regarding the systems to the record for the Board to review. Commissioner Henderson inquired if there were issues with the utilities coming into the property. Mr. Dickman noted a misunderstanding with a neighbor on a potential easement. Commissioner Baney also inquired on water usage. Mr. Dickman noted they have a will -serve letter from Avion water. Ed Fitch, attorney for the appellant was not present but provided a letter to the Board. Deon Gervais and Virginia Sanders owner of the property that borders the subject property gave testimony stating Mr. Rodgers is not forthwith and she claims the water consumption proposed is not accurate. They are concerned with power coming to the property as well and do not want that to come through their property. Ms. Sanders noted utility workers have to cross her property to access the subject property. There was confusion and change in property ownership during the application process. Will Groves, Community Development Department Planner spoke on the application process and owner representation. Ms. Gervais asked the Board PAGE 3OF5 why they would approve any marijuana facilities with the excess of marijuana production in our state. Commissioner Baney thanked her for the question and noted the saturation in the state and the Board has jurisdiction over just the land use element. Commissioner DeBone thanked them for providing testimony. Romona Hulick is within a short distance of the subject property and noted concern for the rural area and keeping it livable. This type of property brings undesirable concerns to the area. She spoke on Avion water and wondered where that water is coming from. Toni April read her letter to the Board into the record. She spoke on the neighborhood and the reason why they live in the country and stated this grow is not a good fit in our neighborhood. Lindsey Pate noted she supports the application and is a medical cannabis producer and processer. She said she is proud to see how this industry has grown. Ms. Pate spoke on new technology of odor control and assumes if there is a failure with any system they would change systems. Ms. Pate commented on water usage and the possibility of using less water than proposed. lennifer Clifton spoke on her support of the cannabis industry. Ms. Clifton stated they don't want to have over -regulations in the area where they are in full compliance and the legal cannabis industry wants to have open visitation on their properties. Andrew Anderson spoke on support of the application and of his involvement in the cannabis industry. He stated that the appellant's comments and concerns are completely contradictory. Commissioner DeBone noted any additional written testimony can be submitted. At the time of 11:12 a.m. Commissioner Baney had to leave the hearing for another meeting. Mr. Dickman provided additional information on the application regarding comments heard from testimony. At this time, Commissioner DeBone closed the oral portion of the hearing. Ms. Liu reviewed the calendar for the hearing. The applicant was asked for their opinion on tolling the clock and was agreed by Mr. Dickman. The written record will be open through 5:00 p.m. on April 18 and May 2 is deadline for final argument. OTHER ITEMS: None were offered. #11fls o gi a k Being no further items to come before the Board, the meeting was adjourned at 11:22 a.m. RECORDING SECRETARY TAM ��`q AN E � p S g ER PAGE 5OF5 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 9:00 AM, WEDNESDAY, APRIL 11, 2018 Barnes and Sawyer Rooms - Deschutes Services Center — 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be considered or discussed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Business Meetings are usually recorded on video and audio, and can be viewed by the public live or at a later date; and written minutes are taken for the record. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card (provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to speak. PLEASE NOTE. Citizen input regarding matters that are or have been the subject of a public hearing not being conducted as a part of this meeting will NOT be included in the official record of that hearing. If you offer or display to the Board any written documents, photographs or other printed matter as part of your testimony during a public hearing, please be advised that staff is required to retain those documents as part of the permanent record of that hearing. CONSENT AGENDA 1. SDC Installment Payment Agreement, Kluge 2. Approval of Notes of the Round III Site Visit to the Sheriff's Office on October 18, 2017 3. Approval of Minutes of the March 21, 2018 Work Session 4. Approval of Minutes of the March 26, 2018 Business Meeting Board of Commissioners Business Meeting Agenda Wednesday, April 11, 2018 Page 1 of 2 ACTION ITEMS 5. PUBLIC HEARING: Appeal of an Administrative Determination Approving a Marijuana Production Facility at 4725 NE ONeil Way, Redmond, OR 97756 - Isabella Liu, Associate Planner OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public, however, with few exceptions and under specific guidelines, are open to the media. ADJOURN To watch this meeting on line, go to: www.deschutes.orq/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. ®® Deschutes County encourages persons with disabilities to participate in all programs and M® activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.orcl/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Business Meeting Agenda Wednesday, April 11, 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 Business Meeting of April 11, 2018 DATE: April 6, 2018 FROM: Chris Doty, Road Department, 541-322-7105 TITLE OF AGENDA ITEM: SDC Intallment Payment Agreement, Kluge RECOMMENDATION & ACTION REQUESTED: Board approval of an SDC Installment Payment Agreement with Rustin Kluge in the amount of $12,635. CONTRACTOR: Rustin Kluge AGREEMENT TIMEFRAME: Starting Date April 15, 2018 Ending Date: October, 2027 INSURANCE: Insurance Certificate Required: No Insurance Review Required by Risk Management: No BACKGROUND AND POLICY IMPLICATIONS: Per Deschutes County Code Section 15.12.060, whenever a System Development Charge is due, an owner of real property may make an application to pay the SDC in installments. The Board shall then enter an order approving the application, describing the property and owner, setting forth the principal amount of the lien imposed on the real property, the interest rate, and the time period over which payments shall be made. The details and terms of the above are provided in the application document submitted by the applicant. The SDC is due pursuant to the applicant's Findings and Decision for a $10,000 sf marijuana production facility. FISCAL IMPLICATIONS: The $12,635 SDC will be paid over a period of 10 years at an interest rate of 5.85% as prescribed by Code and Resolution 2013-020. ATTENDANCE: Consent Agenda (Chris Doty) TRANSPORTATION SYSTEM DEVELOPMENT CHARGE APPLICATION AND INSTALLMENT PAYMENT AGREEMENT TO: Deschutes County Board of Commissioners c/o Deschutes County Road Department Director 61150 SE 27th St. Bend, OR 97702 Pursuant to Deschutes County Resolution 2013-020, i (we) (hereafter referred to as "Applicant(s)") apply to finance the Transportation System Development Charge (hereafter referred to as "SDC') imposed on property (see legal description) located in the unincorporated area of Deschutes County, Oregon. Applicant(s) own(s) the Property on which the SDC has been imposed. The Property is described as follows: Legal Description: SUBDIVISION: Tax Lot Number: Per Deed 2015-001647 1714230001300 Ownership information on the Property is as follows: Owner's name: Rustin David Kluge Owner's address: 915 SW Rimrock Way, Suite #201-186 Applicant(s) acknowledge(s) that the amount of the SDC imposed on the property is $12,635 and was imposed when Applicant developed the property. Applicant(s) hereby requests County approval and agree(s) to pay the SDC over a period of 10 years, as outlined in this document. The interest rate shall be set at 150 basis points above the rate in effect at the time of application as quoted by Bloomberg; Market Data, Key Rates, Mortgage (National Average), 30 -year fixed. Applicant(s) acknowledge(s) that the interest rate set by the County has been established at a rate sufficient to pay a proportionate part of the costs of administering the SDC financing program under Deschutes County Code and Oregon law. Applicant(s) agree(s) to pay such interest rate. Applicant(s) acknowledge(s) that financed SDC amounts are a first lien and encumbrance against the Property. Applicant(s) Page 1 of 3 acknowledge(s) that the County will record this document in the property records of the County Clerk. In applying to finance payment of the SDC, Applicant(s) agree(s) to make installment payments under the following terms: 1. Basis of Payment Terms. The payment schedule set forth in this document is based upon the Applicant's request that the entire amount of the $12,635 SDC will be financed at the fixed rate of 5.85% per annum over a ten-year period with 20 equal semi-annual installment payments. Terms. Installment payments of $843.39 shall be due and payable beginning on the 15th day of April, 2018 and thereafter the 15th day of the next following October and April until all outstanding amounts and interest thereon are paid. Unless the County directs otherwise, payment shall be made to the Deschutes County Finance Department, Deschutes Services Building, 1300 NW Wall St., Suite 200, Bend, OR 97701. 3. Prepayment. Prepayments will be accepted at any time without penalty, applied first to accrued interest and then to principal. Upon request, prepayments may be applied to meet the next installment payment due. 4. Payment on Delinquent Accounts. This account will be delinquent if full payment of any semi-annual installment has not been received by the due date. Delinquent amounts shall accrue interest at the rate of 1% per month without proration for a fraction of a month. County is under no obligation to furnish notice of delinquency or demand for payment. Payments on accounts with delinquencies shall be applied to accrued interest first. 5. Enforcement and Collection. If any scheduled semi-annual installment payment, or any amount thereof, remains unpaid for more than one year after it is due, the County may undertake actions against the Property to collect such delinquencies, including without limitation, foreclosure for the entire outstanding SDC amount, plus accrued interest and costs, as allowed by applicable state law. Failure of the County to assert any rights it may have under law and this agreement regarding enforcement and collection shall not constitute a waiver of any of County's rights to enforce and collect the SDC. 6. Terms Binding on Applicant's Successors in Interest. The terms of this installment application and agreement run with the Property and bind any of the Applicant(s)'s successors in interest. This application and agreement is submitted in accordance with the provisions of Deschutes county Resolution 2013-020 and Chapter 15.12.060 of the Deschutes County Code. In consideration of and pursuant to these legal considerations, the Applicant(s) as owner(s) of the Property, does (do) hereby expressly waive all irregularities or defects, jurisdictional or otherwise. Page 2 of 3 ALL OWNERS WHOSE NAME APPEAR ON THE COUNTY PROPERTY RECORDS MUST SIGN THIS APPLICATION. 11 Dated this day of �G �201 Applicant(s): nature Signature �.. Signature Owner's address to which invoices are to be sent: State of Oregon ) County of Deschutes ss. Subscribed and sworn to before me this 'Zl_ day of O= t ouc-h otary Public for Oregon 4,s:it'/�a�Y.irr �i �1Gtl Title My Commission Expires 61 a � 11 Signature 20 1% by Aif� io VAt in e Page 3 of 3 QFFICIA7321 VERONICA Y PUBLICNI COMt�IS5I0N MY COMMISsIoN EXPIRES 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 Business Meeting of April 11, 2018 DATE: April 5, 2018 FROM: Isabella Liu, Community Development, TITLE OF AGENDA ITEM: PUBLIC HEARING: Appeal of an Administrative Determination Approving a Marijuana Production Facility at 4725 NE ONeil Way, Redmond, OR 97756 RECOMMENDATION & ACTION REQUESTED: Conduct a public appeal hearing and render a decision to uphold the decision, uphold the decision with Board modifications, or to deny the application. BACKGROUND AND POLICY IMPLICATIONS: Swamp Fox Farm, LLC received approval to establish a marijuana production facility in the EFU Zone. The applicant proposed a mature plant canopy of 4,000 square feet. A timely appeal was filed challenging several aspects of the proposal. FISCAL IMPLICATIONS: None. ATTENDANCE: Izze Liu, Associate Planner. F` Community Development Department { I Planning Division Building Safety division Environmental Soils Division P.O. Box 6405 117 NW Lafayette Avenue Bend, Oregon 97748-6045 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd STAFF MEMORANDUM TO: Board of County Commissioners ("Board") FROM: Izze Liu, Associate Planner HEARING DATE: April 11, 2018 RE: Public Hearing on an appeal of an Administrative Determination for Marijuana Production. File Nos. 247-18-000206-A, 207-A (appeal of 247 -17 -000936 -AD). APPLICANT: Swamp Fox Farm, LLC OWNER: Lee Property Management, LLC APPELLANTS: Bart Brown & Mary Ferguson Virigina Sanders et al PROPOSAL: An application for an Administrative Determination to establish a marijuana production facility within the Exclusive Farm Use (EFU) Zone. The applicant proposes a maximum mature plant canopy of 4,000 square feet. STAFF COMMENT: This memorandum does not replace previous findings in the Administrative Determination (Findings and Decision), but only provides clarification from staff for the Board to consider with respect to the appellant's objections listed in the Notice of Appeal. PURPOSE The Deschutes Board of County Commissioners will hold a public hearing to consider appeals, filed by Bart Brown, Mary Ferguson and Virginia Sanders et al, in response to an Administrative Determination approving a marijuana production facility proposed by Swamp Fox Farm, LLC. The subject property is located at 4725 NE ONeil Way, Redmond (Attachment 1). The appeal materials identify concerns regarding the following: • Crime • Potential law suits • Water consumption • Impacts to livestock Quality Services Perl6nned with Prude • Risk of spreading fertilizer • County supervision of approved grow facilities • Overproduction of marijuana in Oregon. The Board issued an order' on February 28, 2018 to call up the matter for their review if an appeal was filed. Two appeals were timely filed before the deadline on February 28, 2018. This memorandum supplements the Administrative Determination for the above -referenced land use application (Attachment 2) and summarizes the concerns raised in the Notice of Appeal (Attachment 3 and 4). PUBLIC COMMENTS RECEIVED The Planning Division mailed a written notice of this action to property owners within 750 feet of the subject property on March 6, 2018. Staff did not receive any additional comments. Applicable criteria of the DCC are included as Attachment 5 and are also detailed in the Administrative Determination with the associated findings. 111. APPELLANT'S OBJECTIONS SUMMARY The appellants, Bart Brown and Mary Ferguson, state several reasons for their appeal, which are fully described in the Notice of Appeal (Attachment 3). The appellant's central arguments are summarized below: A. Crime B. County supervision of approved grow facilities C. Overproduction of marijuana in Oregon Crime and concerns regarding the overproduction of marijuana in Oregon are not applicable criteria related to this application. Staff has no comments regarding these concerns. OBJECTIONS & DISCUSSION A. County supervision of approved grow facilities DCC 18.116.330(D). Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: L Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property ' Order Ns 2018-014 247-18-000206-A, 207-A (247 -17 -000936 -AD) Page 2 of 4 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). OBJECTION: The Notice of Appeal states: By the county's own admission there is currently little oversight on pot farms once the permit is issued. Everyone is just expected to be on their own best behavior after the permit process is completed with the rest of us just swinging in the breeze and hoping for the best..." STAFF COMMENT: Compliance with the annual reporting is required. As part of the annual reporting, staff will conduct a site visit to ensure that the marijuana production facility meets the requirements and conditions of approval. A condition of approval was included in the decision to ensure that these requirements will be met. IV. APPELLANT'S OBJECTIONS SUMMARY The appellants, Virginia Sanders et al, state several reasons for their appeal, which are fully described in the Notice of Appeal (Attachment 4). The appellant's central arguments are summarized below: A. Crime B. Risk of law suits C. Impacts to livestock D. Risk of spreading fertilizer E. Water consumption OBJECTIONS & DISCUSSION Crime, risk of law suits, impacts to livestock, risk of spreading fertilizer and water consumption are not applicable criteria related to this application. Staff has no comments regarding these concerns. V. 150 -DAY CLOCK & NEXT STEPS This application was submitted on November 21, 2017 and deemed complete on December 28, 2017. The 150th day on which the county must take final action on this application is May 28, 2018. At the conclusion of the hearing, the Board can choose one of the following options: 247-18-000206-A, 207-A (247 -17 -000936 -AD) Page 3 of 4 1. Close the record and begin deliberations. 2. Leave the record open until a date certain for additional written evidence or testimony. Attachments: 1. Area Map 2. Administrative Determination (Findings and Decision) 3. Notice of Appeal (Bart Brown and Mary Ferguson 4. Notice of Appeal (Virginia Sanders et al) 5. DCC 18.116.330 6. Mechanical Engineer's Report 7. Site Plan 8. Agency Comments 9. Public Comments 10. Will Serve Letters 247-18-000206-A, 207-A (247 -17 -000936 -AD) Page 4 of 4 Attachment 1 —Area Map This page intentionally left blank. This page intentionally left blank. Attachment 2 — Administrative Determination This page intentionally left blank. Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6805 137 NW Lafayette Avenue Bend. Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd FINDINGS & DECISION FILE NUMBER: 247 -17 -000936 -AD APPLICANT: Swamp Fox Farm, LLC OWNER: Lee Property Management, LLC ATTORNEY: Jeremy Dickman, Clifton Cannabis Law PROPOSAL: The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the Exclusive Farm Use Zone. STAFF CONTACT: Izze Liu, Assistant Planner I. APPLICABLE CRITERIA Title 18, Deschutes County Zoning Ordinance Chapter 18.16, Exclusive Farm Use (EFU) Zones Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance 11. BASIC FINDINGS A. LOCATION: The subject property has an assigned address of 4725 NE Oneil Way, Bend; and is identified on County Assessor Tax Map 14-13-25 as tax lot 200. B. LOT OF RECORD: The subject property is a legal lot of record pursuant to County file no. 247 -17 -000480 -LR. C. ZONING: The property is zoned EFU, and is designated Agriculture on the Deschutes County Comprehensive Plan. D. PROPOSAL: The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the EFU Zone with a mature plant canopy size of 4,000 square feet. Quality Services Pel-16rmed with Pride E. SITE DESCRIPTION: The subject property is 39.09 acres in size and rectangular in shape. The property is accessed from NE Oneil Way, a secondary highway. The topography is relatively level with a moderate cover of vegetation. The majority of the property is irrigated pasture and it is developed with an existing dwelling and two accessory farm structures. All structures on the property are located in the southern half of the subject property. F. PUBLIC AGENCY COMMENTS: The Planning Division mailed a Notice of Application and received comments from the following agencies: 1. Deschutes County Building Division: Randy Scheid, Building Official, provided the following comments on November 30, 2017: Notice: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. 247 -17 -000936 -AD Page 2 of 17 2. Deschutes County Assessor: Nora Wallace, Assessment Tech III, provided the following comments on December 4, 2017: I am responding for the Assessor's office to the Notice of Application noted above. This property is in farm deferral. 3. Deschutes County Planning Division: Peter Russell, Senior Transportation Planner, provided the following comments on December 4, 2017: I have reviewed the transmittal materials for 247 -17 -000936 -AD for a 4,000 - square foot marijuana production (growing) operation in the Exclusive Farm Use (EFU) zone at 4725 NE O'Neil Way, aka 14-13-25, Tax Lot 200. 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 4,000 square feet of mature canopy, so the access requirement does not apply. The traffic study requirements of DCC 18.116.310 are not applicable for this 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). 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 2,400 -square -foot building (60 X 40) to produce 4,000 square feet of mature canopy. The County's SDC is based on the building's total square footage related to cannabis production and support and not the square footage of the mature canopy. The 2,400 square feet of greenhouses would produce 0.77 p.m. peak hour trips (2.4 X 0.32). The resulting SDC is $3,031 (0.77 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. 4. Deschutes County Road Department: Cody Smith, P.E., County Engineer, provided the following comments on December 6, 2017: I have reviewed the application materials for the above -referenced file number, proposing the establishment of marijuana production facility with 4,000 sq. ft. of mature canopy at 4725 NE Oneil Way, Redmond. The subject property does not border a County road. As such, Deschutes County Road Department has no comments regarding this application. 5. Central Oregon Irrigation District: Daniel Downing, GIS/Operations Technician, provided the following comments on December 8, 2017: COID FACILITIES: • Subject's property has the K-2-4 delivery ditch within its boundary o It has a 20' canal right of way • A crossing license must first be obtained from the district for any utility or roadway to cross or encroach upon COID's right of way • No permanent structures within COID's right of way are allowed. 247 -17 -000936 -AD Page 3 of 17 COID WATER RIGHTS: • Subject's property has 33.46 acres of COID water rights • COID requests a site plan • Please contact COID concerning use of water rights COID GUIDELINE STATEMENT • Review the following statement on marijuana operations COID response to Community Development Notice for Proposed Marijuana Production: Central Oregon Irrigation District (COID) serves this property with 33.46 acres of irrigation water during the irrigation season of April 1St through October 31St at a rate of up to 6 gallons per minute per acre. This water cannot be used for irrigation during the winter months. An additional source (not COID) of water is necessary to irrigate between November 1St and March 31St. If the recreational marijuana production facility is a greenhouse or other structure proposed to be built on top of the COID water right, land -user must allow COID annual access to the structure to document beneficial use of the water right. Structures on top of a water right for any purpose other than growing plants is not allowed. • Applicant should contact COID to determine status of water rights prior to construction of production facility. • Plot Plan is required to assist COID in determining if the proposed structure will be located on the water right or if a water transfer application is needed to transfer water to it. 6. The following agencies did not respond or had no comments: Deschutes County Environmental Soils Division, Oregon Department of Transportation, Redmond Fire & Rescue. G. PUBLIC _COMMENTS: The Planning Division mailed a written notice of these applications to property owners within 750 feet of the subject property on November 28, 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 12, 2017. Below, staff summarizes issue areas identified by the public in written comments received prior to the date of this decision: Opposition: 1. Odor 2. Noise 3. Water source 4. Waste 5. Traffic Impacts 6. Electrical service to the subject property 7. Increase in crime 8. Negative impact on property values STAFF COMMENT: Applicable criteria of the DCC are addressed below. The Deschutes County Code (DCC) does not include approval criteria related to marijuana production and the issue areas listed in 7 and 8 above. For this reason, staff does not address those issues in this decision. 247 -17 -000936 -AD Page 4 of 17 H. REVIEW PERIOD: This application was submitted on November 21, 2017. It was deemed incomplete on December 19, 2017. After the applicant submitted additional information, the application was accepted and deemed complete on December 28, 2017. The 150th day on which the County must take final action on this application is May 27, 2018. III. FINDINGS: A. CHAPTER 18.16. EXCLUSIVE FARM ZONE Section 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright. S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The applicant is proposing to establish a marijuana production facility on the subject property, a use permitted outright subject to compliance with the applicable provisions of DCC 18.116.330. Compliance with the provisions of DCC 18.116.330 is addressed below. 2. Section 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The applicant proposes to construct a two-story addition to connect the existing two accessory farm structures. This new structure will be the proposed marijuana grow building. The proposed height of the addition is 24 feet. This criterion will be 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. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The subject property has frontage on NE Oneil Way, a secondary highway requiring a 100 -foot front yard setback. The proposal is not for a nonfarm dwelling, therefore, the required 247 -17 -000936 -AD Page 5 of 17 side and rear yard setbacks are 25 feet. The proposed setbacks for the new grow building will be 725 feet from the northern property line, 735 feet from the western property line, 515 feet from the eastern property line and more than 500 feet from the southern property line. These criteria will be met. B. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS Section 18.116.330, Marijuana Production Processing and Retailing A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones. 2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, Rl, 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 EFU Zone. This section applies. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the followingstandards and criteria: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. FINDING: The subject property is 39.09 acres in size. 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 within the EFU Zone. The applicant is proposing to construct a two-story addition connecting the existing two accessory farm structures located on the subject property. All production will occur within this new grow building. As an ongoing condition of approval, marijuana production is prohibited in any outdoor area. Any proposed marijuana processing will require additional land use review. 247 -17 -000936 -AD Page 6 of 17 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. C. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. FINDING: The applicant has proposed 4,000 square feet in mature plant canopy area. The maximum mature canopy size is 10,000 square feet as allowed under Section (c) for properties 20 acres to less than 40 acres in lot area. The subject property is 39.09 acres in size. This criterion will be met. 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. These criteria do 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 proposed use includes one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production site. An ongoing condition of approval will be included to ensure that only one OLCC license shall be allowed per legal parcel for the marijuana production use. 247 -17 -000936 -AD Page 7 of 17 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off-site dwelling: 300 feet For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. C. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. FINDING: The submitted plot plan indicates the proposed grow building will be sited more than 100 feet from all property lines. The proposed setbacks for the new grow building will be 725 feet from the northern property line, 735 feet from the western property line, 515 feet from the eastern property line and more than 500 feet from the southern property line. The application materials also indicate that the proposed grow building will be sited more than 500 feet from any off-site dwelling based on the setbacks from all property lines. These criteria will be met. 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; i% A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and V. National monuments and state parks. b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. C. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana 247 -17 -000936 -AD Page 8 of 17 producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. FINDING: According to the applicant's burden of proof, there are no uses requiring a separation distance located within 1,000 feet from the proposed grow building. Based on the County's GIS mapping tool, staff has confirmed that there are no uses listed above within 1,000 feet of the propose grow building. These criteria will be met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. C. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. FINDING: The subject property takes access from NE Oneil Way, a secondary highway. At this time, the applicant proposes a mature plant canopy size of 4,000 square feet. Therefore, 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. 247 -17 -000936 -AD Page 9 of 17 C. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: The applicant has stated that the proposed marijuana grow building will be an opaque, rigid building and the lighting will not be visible from the outside of the building from 7:00 p.m. until 7:00 a.m. the following day. The applicant is not proposing to construct the addition with any windows and the windows on the existing structures will be filled in and blacked out with black window film. On the exterior, the windows will be covered with metal to match the exterior siding and the interior will be enclosed with gypsum wall board. The doors of the building will be steel, fire -rated and with no glass or openings. The doors will have blackout curtains mounted inside the frame to prevent any light going out or coming in. A condition of approval shall be added to ensure compliance. 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 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 has submitted an odor report by Larry Scharf, P.E., a mechanical engineer licensed in the State of Oregon (#91818), with CEA Consulting Engineers. The report states odor will be controlled using AgriAir purifiers that utilize a photo -catalytic oxidation (PCO) process to remove bio -contaminants and cannabis odor. The applicant proposes to use three types of AgriAir Industrial Control Units described as AGRIAIR 1000-1, PG -1 and PG -3. The AGRIAIR 1000-1 and PG -1 purifiers are rated to control odors in a space up to 8,000 cubic feet. The PG -3 purifier is rated to control odors in a space up to 12,000 cubic feet. Each type of purifier is provided with photocatalytic generators, pleated carbon filters and MERV-11 filters. 247 -17 -000936 -AD Page 10 of 17 The building will be provided with the following AgriAir purification systems: 1. Five AGRIAIR 1000-1 units will be located in the drying, manicure, teens', mothers2, and trim rooms. The combined capacity of 40,000 cubic feet for the air purifiers exceeds the actual volume of 24,000 cubic feet. 2. Two AGRIAIR PGA units will be located in the vegetative rooms. Their combined capacity of 16,000 cubic feet exceed the actual volume of 14,500 cubic feet. 3. Four AGRIAIR PG -3 units will be located in the bloom rooms. The combined capacity of 48,000 cubic feet for the air purifiers exceed the actual volume of 42,120 cubic feet. 4. The PGA and PG -3 units will be utilized in conjunction with a supply fan and sheet metal air ductwork system to insure an even distribution over the entire floor plan. The 1000-1 units will be suspended from the structure and have a self-contained fan system to provide room coverage. Based on the report provided by Mr. Scharf, if the system described above is constructed within the guidelines and maintained per the filter and fan manufacturer's recommendations, the odor control system will control odor so as to not unreasonably interfere with neighbor's use and enjoyment of their property. These criteria will be met. 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 has submitted a noise report by Larry Scharf, P.E., a mechanical engineer licensed in the State of Oregon (#91818), with CEA Consulting Engineers. The HVAC air handing unit acoustic characteristics were simulated by use of the Trane Acoustics Program (TAP) utilizing the existing site conditions and property lines. The computer simulation indicated that the largest units would operate with a db of 41 at the property line. The AgriAir purification units are located indoors and use small fractional HP motor/fans. The applicant is proposing to construct sound attenuation walls around the four large units on the east wall and two large units on the west elevation. The units will be enclosed with CMU block or wood framing. Each wall partition will be three sided, 10 feet wide, 8 feet tall and the inside of each wall will be attached with an ANC-AB220 quilted fiberglass absorber. The applicant proposes to apply two lapped sections to the interior of each wall to achieve a height of 8 feet and permanently attach each section with grommets and secure to the wall with galvanized hardware. The report states the sound attenuation walls will ensure that the noise from the odor control equipment will not exceed 30 db(A) from all property lines. These criteria will be met. 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: ' "Teens" refers to the stage after the clone stage and prior to the flowering stage. 2 "Mothers" refers to the plant held in the vegetative state. The plant is non -flowering and is used for cuttings to produce clones which are the beginning of new grow. 247 -17 -000936 -AD Page 11 of 17 a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. C. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. FINDING: The subject property is not in a Landscape Management or Wildlife Area Combining Zone. No razor wire is proposed. No additional fencing has been proposed. As an ongoing condition of approval, 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. These criteria will be met. 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 subject property is served with 33.46 acres of irrigation from Central Oregon Irrigation District (COID). COID has stated in their "will serve" letter the surface delivery of irrigation water is provided under State issued primary water right certificate #83571 and supplemental certificate #76714. Delivery of irrigation water is during the irrigation season of April 1St through October 311. For periods of time outside of the irrigation season, the applicant proposes to have water delivered to the property by ABC Lightning, LLC. The applicant submitted a "will serve" letter from ABC Lightning, LLC, stating they are willing and able to serve an estimated 8,000 gallons of water each month for the proposed marijuana production use and their water source is from Avion Water Company, Inc. Avion Water Company, Inc. has quasi -municipal water3 rights. 3 "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 247 -17 -000936 -AD Page 12 of 17 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district FINDING: No processing is proposed. This criterion does not apply. 15. Utility Verification. A statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. FINDING: The Central Electric Cooperative provided a "will serve" letter dated January 22, 2018. The letter states that Central Electric Cooperative has reviewed the provided load information (two 800 amp Single phase services) associated with the cannabis 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: The applicant states the security cameras will be confined to the interior of an opaque building and the security room. The cameras will not be directed to record outside of the property boundaries. An ongoing condition of approval will be included to ensure compliance with DCC 18.116.330(B)(16). 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). FINDING: The applicant proposes to store the marijuana waste inside of a sealed commercial waste receptacle with a locking bar. The secured waste receptacle will be stored inside a ten -foot tall, walled enclosure with a roof and dead bolt locked doors, which will remain locked at all times. The structure is a bear proof structure for odor reduction and barrier to access. The marijuana waste will be mixed with other waste to ensure it is rendered unusable and unrecognizable. The applicant has stated that High Country Disposal will be contacted for pickup as soon as waste is deposited. Based on the submitted site plan, the waste receptacle will be located on the west side of the proposed grow building. As an ongoing condition of approval, 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. 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 streamflow designated in a basin program. 247 -17 -000936 -AD Page 13 of 17 a. An owner of the subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or C. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. FINDING: The subject property is not in the MUA-10 Zone. This section does not apply. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(8)(10-12, 16, 17) by December 8, 2016. FINDING: The subject property was not a lawfully established medical marijuana grow site. This section does not apply. K01 Prohibited Uses. a. In the EFU zone, the following uses are prohibited: L A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0), used in conjunction with a marijuana crop; 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 wit'? 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: As an ongoing condition of approval, the uses listed in DCC 18.116.330(20) shall be prohibited on the subject property so long as Marijuana Production is conducted on the site. 247 -17 -000936 -AD Page 14 of 17 D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: L Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18. 1 16.330(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. As an ongoing condition of approval, the annual reporting requirements of DCC 18.116.330(D) shall be met. IV. CONCLUSION Based on the foregoing Findings of Facts, staff finds that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. DECISION APPROVAL, subject to the following conditions of approval. 247 -17 -000936 -AD Page 15 of 17 VI. ONGOING CONDITIONS OF APPROVAL A. Use & Location: Marijuana production is conditionally approved inside the approved grow building. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. B. Building Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. C. No Outdoor Production: Marijuana production is prohibited in any outdoor area. D. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 4,000 square feet at any time. 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 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. H. Fencing: Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc. 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. 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: The marijuana waste receptacle shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee. L. 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 VII. DURATION OF APPROVAL: 247 -17 -000936 -AD Page 16 of 17 The applicant shall complete all conditions of approval and obtain building permits for the proposed use within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. DESCHUTES COUNTY PLANNING DIVISION Written by: Izze Liu, Assistant Planner Reviewed by: Anthony Raguine, Senior Planner 247 -17 -000936 -AD Page 17 of 17 SECTION 25 T.14S R.13E.WM. DESCHUTES COUNTY 14 13 25 14 13 25 Attachment 3 — Notice of Appeal (Bart Brown & Mary Ferguson) This page intentionally left blank. ,.1 Application COUNTY Land Use ,A,pplication 117 NW Lafayette Avenue PO Box 6005 AAppeal - $OCC Bend,OR 97703 Pp 541-388-6575 ►��:�iIiI�YZi7:'�e1 www.desbutes.org/cd cdd-webmaster@deschutes.org APPLICATION DESCRIPTION Type of Application: Appeal - BOCC Description of Work: LOCATION INFORMATION Property Address: Parcel: Owner. 4725 Ne Onell Way, Redmond, OR 97756 1413250000200 - Primary Address: APPLICANT INFORMATION Applicant: Business Name: Address: city: State: Zip Swamp Fox Farm LLC Swamp Fox Farm LLC APPLICATION FEES Fee Description Quantit Amount Appeals - Administrative Printed on: 02/27/2018 1.00 Qty $250.00 Total Fees: $250.00 Transaction Receipt Record Number: 247-18-000206-A Receipt Number: 428709 www.deschutes.org/cd Address: 4725 NE ONEIL WAY, REDMOND, OR 97756 Parcel Number: 1413250000200 DESCHUTES COUNTY 117 NW Lafayette Avenue PO Box 6005 Bend,OR 97703 Phone: 541-388-6575 cdd-webmaster@deschutes.org Receipt Date: 2/27/18 Fee Items Paid DESCRIPTION ACCOUNT CODE AMOUNT PAID' Appeals - Administrative 2956150 341301 $250.00 $250.00 Payment Summary PAYMENT METHOD PAYER COMMENTS AMOUNT PAID` Check Number - 1102 Bart A Brown $250.00 Printed: 02/27/2010 Page i of 1 Community Development ment Department Planning Division fluilding Safety Division Environmeneal Soils Division ` J S( NNE P.C. Box 6005 ' $ 7 N10 Lafa}vette Avenue etld r c i97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 hftp://www.deschutes,org/cd APPEAL APPLICATION FEE: EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. It is the responsibility of the appellant to complete a Notice of Appeal as set forth In Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must Include the items listed above. Failure to complete all of the above may render an appeal Invalid. Any additional comments should be Included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant Is eligible to file an appeal (DCC Section 22.32.010) or whether an appeal Is valid. Appellants should seek their own legal advice concerning those Issues. IJAppellant's Name (print): '>f i' ? Phone: ( �Zt^�� l� Mailing Address: �i �i+ +� 1 /City/State/Zip: t ,jf Land Use Application Being Appealed: Property Description: Townsh Appellant's Signature: Range_ Section Tax Lot ZD d EXCEPT AS PROVIDED IN SECTION 22.32.024, APPELLANT SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, FOR ON- HE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. ,4iti 11 X 11 f/r:f� e (over) 10/15 y�W�.dn Qualil y Services Performed rvith Pride NOTICE OF APPEAL File Number:347-17-000936-AD Applicant: Swamp Fox Farms, L.L.C. Owner: Lee Property Management, L.L.C. Dear Board, My wife and I find It surreal that we even have to write this letter. The State of Oregon Is awash in pot, law enforcement is vocally and vehemently complaining about the problem, excess dope is continually moving out of Oregon on the black market sales side, the County and State continue to give their blessings to grow permits, no one has a clue about what will happen to property values next to a major grow site, and we have the privilege of paying $250 dollars to voice our opposition. Perfect. 1. Marijuana is now an agricultural crop since it was redefined by the state legislature a few years back (without voter consent) but It is not like growing a potato, carrot, or sugar beet. It is a Drug. It does not make you any smarter. You can not haul it across state lines, it is illegal to grow it next to a school, you sure cannot bank Its proceeds in a normal business manner, it has a long standing criminal element attached to it, marijuana is not something kids should be exposed to, it requires a myriad of state and county security regulations and permits to grow (and why is this A it is illegal federally, and yet, we are being asked to embrace it right in our backyard. If this sounds like a good idea to the board then by all means, please give it your stamp of approval. 2. By the county's own admission there is currently little oversight on pot farms once the permit is issued. Everyone is just expected to be on their own best behavior after the permit process is completed with the rest of us just swing - Ing In the breeze and hoping for the best. So now we have out of state neighbors who we have never met growing drugs, generating possibly millions of dollars a year they cannot bank, probably having to haul cash in a sack to Salem to pay their taxes, producing a federally illegal substance with little or no supervision of the county provisions that are supposed to protect the neighborhood. Seriously? Why wouldn't a grower find this situation appealing? At least Central Oregon Irrigation District said they would inspect the water situation a couple times a year to ensure it was being used correctly. If this is deemed "good enough" for our neighborhood then you may as well give this project your blessing. 3. It is no secret that Oregon is currently producing much more than it can ever possibly consume either recreationally or medically. Presently it looks to be about three times more marijuana than we need if what you read in News- week, The Bulletin, or Capital Press is correct: When you have such gross oversupply, like .water, it runs d3wnhiii into other states supplying the illegal trade. Oregon is a huge exporter of pot (albeit illegally). Is that what we are trying to promote In Deschutes County by continuing to issue grow permits? The County's own Sheriff Nelson has been quite vocal about this problem and has said we need to stop issuing permits until we have time to reevaluate this whole situation. It is getting out of hand. If the Board feels their very own law enforcement agency is just spitting in the wind then of course go ahead and validate this project. 4. We did not purchase property next to a large marijuana grow operation. It seems to have found us. Thus far our new neighbors have been less than forthcoming about the new addition to the neighborhood. Lots of lawyers, intriguing leases, and general hocus pocus. There are, of course, no violations to county code in that. This has not left Mary or me with a warm, fuzzy feeling about what is going to happen next. If the Board has a warm, fuzzy feeling about this proposal then it is, of course, your option to give it a final approval. We unequivocally think this permit should be rescinded posthaste. Remember those halcyon days when the county promoted biking, camping, and fishing? Thank you kindly for your time. Sincerely, Bart Brown and Mary erg `on 6090 N.E. 41 It Street Redmond, Oregon 97756 Attachment 4 — Notice of Appeal (Virginia Sanders et al) This page intentionally left blank. DESCHUTES COUNTY Land Use Application 117 NW Lafayette Avenue to PO Box 6005 0 Bend,OR 97703 Appeal - BOCC 541-388-6575 247-18-000207-A www.deschutos.org/cd cdd-webmrrster@dcaschutes.org APPLICATION DESCRIPTION Type of Application: Appeal - BOCC Description of Work: Sanders Appeal of File No. 247 -17 -000936 -AD (Marijuana Production) LOCATION INFORMATION; Property Address: Parcel: Owner: 4725 Ne Onell Way, Redmond, OR 97756 1413250000200 - Primary Address: APPLICANT INFORMATION Applicant: Business Name: Address: City: State: Zip Swamp Fox Farm LLC Swamp Fox Farm LLC Virginia Sanders 5910 NE 41st St Redmond OR 97756 APPLICATION FEES Fee Description Quantity Amount Appeals - Administrative Printed on: 02/28/2018 1.00 Qty $250,00 Total Fees: $250.00 Transaction Receipt Record Number: 247-18-000207-A Receipt Number: 428746 www.deschutes.org/cd Address: 4725 NE ONEIL WAY, REDMOND, OR 97756 Parcel Number: 1413250000200 DESCHUTES COUNTY 117 NW Lafayette Avenue PO Box 6005 Bend,OR 97703 Phone: 541-388-6575 cdd-webmaster@deschutes.org Receipt Date: 2/28/18 Fee Items Paid DESCRIPTION ACCOUNT CODE AMOUNT PAID Appeals - Administrative 2956150 341301 $250.00 $250.00 Payment Summary PAYMENT METHOD PAYER COMMENTS AMOUNT PAID Check Number - 1104 Virginia B. Sanders $250.00 Printed: 02/28/2018 Page 1 of 1 ? dd -f__;( A, Community Development Department Planning division Building Satety Division EnvironmWal Solis Olvision P.O. Box 6GO5 117 NVQ! Lafayette Avenue Benq'1J,%e�?Ti q3-6045 Phone: (541) 388-6575' .x41)�g5-1764 http://www,deschutes.org/cd APPEAL APPLICATION FEE:, EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. 4. If color exhibits are submitted, black and white copies with captions or shading delineating the color areas shall also be provided. It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal (DCC Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal advice concerning those issues. Appellant's Name (print): \� V-) V) �r --� �� Phone: (Jy) rj�1' ac3 �7 e,4-\-) Ck Mailing Address: ''1 G7 a �� 'rCity/StatelZip:��N�c Land Use Application Being Appealed: �`'� ` r Property Description: Township Ranged Section_ Tax Lot C ? Appellant's Signature: EXCEPT AS PROVIDED IN SECTION 22.32.024, APPELLANT SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, FOR ON -THE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. (over) 10/15 Quality Services I'etfvrtned ujith Pride Deschutes County Community Development Department Page 1 OF 3 Planning Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708.6WS NOTICE OF APPEAL RE: FILE NUMBER: 247-17-OW936-AD LOCATION: The subject. property has an assigned address of 4725 NE O'Neil Way, Redmond, Oregon and Is identified on County Assessor Tax Map 14-13-25, as tax lot 2W. APPUCANT: Swamp Fox Farm, LLC OWNER: Lee Property Management, LLC We are deeply concerned and have several E wmWaroas of concem which are not and will not be addressed by the Deschutes County Planning and Development Department regarding the notice Of the decision to allow Curt Rodgers/Swamp Fox Farm LLC,/Lee Property Management, UC to grow Marijuana on sold property. 1. No criminal or credit check was conducted by Deschutes County Planning DivWon (as Is standard practice) on Curt Rodgers/Swamp Fox Farm, LLC) which on the October application for Intent to grow Marijuana never mentioned Lee Property Management, LLC, which Is actually owned by Brody Trickey and leased to Curt Rodgers through Lee Property Management, I.I.C. The Cole Memorandum of 2014, written by Deputy General James Cole, United States e srtment a a Q D Ieyr E� of a ern r tna M l fel n er n in its RMd ctian. WAW no dMW;di check was;,EOO ucte fart Re�+aers is hQ im.�y ,wi#h a crEminaE Page 2 of 3 2. We are all farmers/ranchers and produce cattle and/or hay which for some of us border The prospective Marijuana property "Swamp Fox Farm." During the year we may spread air - Born fertilizer on our properties and the fertilizer can possibly spread, with the wind, to the "Swamp Fox Farm Property." It Is a fact that "Swamp Fox Farm, LLC," will grow eventually "HEMP" as a crop outside on the rest of the 40 acres while growing Marijuana Inside the 4000 Square foot canopy. This is standard practice by Marijuana growers since the HEMP crop is Quite lucrative financiallyl 3. LEGAL ISSUES/LAW SUITS which could and will result if any fertilizer Infiltrates "Swamp Fox Farre, LLC, Initiated by Curt Rodgersl 4. WATER CONSUMPTION BY SWAMP FOX FARM, LLC cannot be closely monitored by Deschutes County employees on a regular basis! We can and will be Impacted through our Well water running dry eventually, simply because water will not be available during off Irrigation season, (10/15-4/15). Trucking In water cannot be regulated on a daily basis! Who from your office will be monitoring said water consumption? Marijuana Is a water and light Intensive cropl S. Future applications for permits will be approved by Deschutes County Community Develop - Ment for refining and production of Marijuana and numerous other related productsl Subsequently, smell, noise, environmental impact issues with livestock and wildlife will be Impacted! B. What Is the intended use for the other $5 acres of land where "Swamp Fox Farm, LLC," is Is currently conducting Its business? County tax records show Brody Trickey/Lee Property Management owns the land purchased from Randy Schoaff and is leasing it to Curt Rodgers/ "Swamp Fox Farm, LLC," for a period of five (5) years. He Is leasing the house, shop and 4000 Square feet of canopy where he Is growing Marijuana What about the other 35 acres? My Guess Is a HEMP will probably be cultivated on the remaining acres. We do not want Issues Regarding HEMP growth that could and will affect our cattle and hay production! The following neighbors are involved in this appeall VIRGINIA SANDERS 5910 NE 41, Redmond, Oregon 97756`` DEON M. GERVAIS 5910 NE 41", Redmond, Oregon 97756 DARLENE M. GERVAIS 5910 NE 41'x, Redmond, Oregon 97756 Page 3 of 3 piRIS1"MlE L F/1lMtFISiNOR1'H $M NE 4:0; RodWmW, Ongpon 97756 LEONARq FAANSWORTH -e S97S NE 4e, Redmond, f nMpn 97756 / /I, n(-� /I/ 6040 W W P4WMo bd, IMARY FENUSON // I 6080 NE 4e, Rakn*W, Organ 97M 1v _ , CMERIE CARR CAMPMM SM WE 40, Redmond, Orson 97758 %NLUAM SKY MW (41 (,,! /,- GM NE W, Redmond, Or on 97756 a 7ONM M. APRILL 4521 NE o mm Way, Redmond, omo m- 97758 PLLi P -11J.. F L; P /) COUGLAS 1. 5DUOkM zf w,u� t1IM�On 1Ttili Attachment 5 — DCC 18.116.330 This page intentionally left blank. Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.330. Marijuana Production, Processing, and Retailing A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones. 2, Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, TuI, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, TuI, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. 2. Indoor Production and Processing. a. In the MUA-10 zone, marijuana production and processing shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non -rigid structures is prohibited. b. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. c. In all zones, marijuana production and processing are prohibited in any outdoor area. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. C. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. 5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal Chapter 18.116 (2/2017) .13 parcel or lot. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off-site dwelling: 300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. c. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child-care center or - preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and v. National monuments and state parks. b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; Chapter 18.116 (2/2017) iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light - emitting part. c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15. 10, Outdoor Lighting Control. 10. Odor. As used in DCC 18.116.330(B)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. 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. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. Chapter 18.116 (2/2017) b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district. 15. Utility Verification. A statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. 16. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). 18. Residency. In the 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. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; Chapter 18.116 (2/2017) ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and iv. Agri-tourism and other commercial events and activities in conjunction with a marijuana crop. b. In the 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. C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be subject to the following standards and criteria: 1. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 p.m. on the same day. 2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped to prevent detection of marijuana plant odor off premise by a person of normal sensitivity. 3. Window Service. The use shall not have a walk-up or drive-thru window service. 4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant. 5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion thereof, occupied by the marijuana retailer, except as allowed by state law. 6. Co-Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co-located on the same lot or parcel or within the same building with any marijuana social club or marijuana smoking club. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any 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 Chapter 18.116 (2/2017) appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed family child care which occurs at or in residential structures; iv. A youth activity center; v. National monuments and state parks; and vi. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary registered with the OHA. b. For purposes of DCC 18.116.330(B)(7), distance shall be measured from the lot line of the affected property to the closest point of the building space occupied by the marijuana retailer. For purposes of DCC 18.116.330(B)(7)(a)( vi), distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer. c. A change in use to another property to a use identified in DCC 18.116.330(B)(7), after a marijuana retailer has been licensed by or registered with the State of Oregon shall not result in the marijuana retailer being in violation of DCC 18.116.330(B)(7). D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a)_shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as 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). (Ord. 2016-015 § 10, 2016) 18.116.340. Marijuana Production Registered by the Oregon Health Authority (ORA) Chapter 18.116 (2/2017) A. Applicability. Section 18.116.340 applies to: 1. All marijuana production registered by OHA prior to June 1, 2016; and 2. All marijuana production registered by OHA on or after June 12016 until the effective date of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at which time Ordinances 2016-015 through Ordinance 2016-018 shall apply. B. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by September 15, 2016: 1. Lighting. Lighting shall be regulated as follows: d. 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. e. 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. E Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15. 10, Outdoor Lighting Control. C. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by December 15, 2016: 1. Odor. As used in DCC 18.116.330(B)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at 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. 2. 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 not subject to the Right to Farm Chapter 18.116 (2/2017) Q 5. protections in DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming practices is however permitted. 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: e. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. f. 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. g. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. h. 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. Water. The applicant shall provide: d. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or e. 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 f. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. 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. 6. 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). D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply DCC 18.116.340(A -C) and the following standards: 1. Shall only be located in the following zones a. EFU; b. NWA -10; or c. Rural Industrial in the vicinity of Deschutes Junction. 2. Minimum Lot Area. b. In the EFU and MUA-10 zones, the subject property shall have a minimum lot area of five (5) acres. 3. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with medical marijuana production on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. Chapter 18.116 (2/2017) 4.. Setbacks. The following setbacks shall apply to all marijuana production areas and buildings: c. Minimum Yard Setback/Distance from Lot Lines: 100 feet. d. Setback from an off-site dwelling: 300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. c. Exception: Reductions to these setback requirements may be granted at the discretion of the Planning Director or Hearings Body provided the applicant demonstrates that the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. 5. Indoor Production and Processing. d. In the MUA-10 zone, marijuana production 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. e. In the EFU zone, marijuana production shall only be located in buildings, including greenhouses, hoop houses, and similar structures. f. In all zones, marijuana production is prohibited in any outdoor area. 6. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: f. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. g. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. h. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. i. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. j. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care 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. Chapter 18.116 (2/2017) 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 manjuana processor. c. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(7) if the use is: iv. Pending a local land use decision; v. Registered by the State of Oregon; or vi. Lawfully established. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. d. Have frontage on and legal direct access from a constructed public, county, or state road; or e. Have access from a private road or easement serving only the subject property. f. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: v. Be on a form provided by the County and shall contain the following information; vi. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; vii. Include a description of the proposed marijuana production or marijuana processing operation; and viii. Include a legal description of the private road or easement. 9. 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; or b. 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. 10. Annual Reporting. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: iv. Land use decision and permits. v. Fire, health, safety, waste water, and building codes and laws. vi. 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. Chapter 18.116 (2/2017) 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). 11. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: v. A new dwelling used in conjunction with a marijuana crop; vi. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; vii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and viii. Agri -tourism and other commercial events and activities in conjunction with a manjuana crop. b. In the MUA-10 Zone, the following uses are prohibited: i. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop. c. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: i. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. v. Public Parks. vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. (Ord. 2016-019 § 1, 2016) Chapter 18.116 (2/2017) This page intentionally left blank. Attachment 6 — Mechanical Engineer Report This page intentionally left blank. CEA CONSULTNG ENCai(,NEEC\S October 26, 2017 Brodie Trickey Lee Property Management Re: New Grow Facility Odor and Noise Control Plan Dear Brodie: 1506 (`�Il 1. - °', ` 1 t ( is . B[ -,ND, OREGON 97701 54,1318-0/10/1 (0), 4119-41-677-9921 We have reviewed your proposed plans for a new marijuana grow facility at 4725 Oneil Way, Redmond, Oregon for compliance with Deschutes County Odor and Noise Control requirements. The following documents your approach and our findings: Project Description Two existing single story buildings will be connected by a new 2 story addition. The first floor contains approximately 8,404 sf and the second floor is 2,386 sf for a total of approximately 10,790 sf. The building will contain grow rooms, offices, lockers and associated support areas The closest distances from the building to the 4 property lines are approximately 450 ft., 525 ft., 725 ft. and 750 ft. The closest neighboring residence is approximately 1050 ft. from the buildings. Proposed Odor Control System The proposed odor control system is to be designed, constructed and operated in compliance with Deschutes County Code 18.116.330, Odor Section. It is the intent to control odors by means of a photo catalytic oxidation process with equipment manufactured specifically for this use by AgriAir. An abridged description of this process from AgriAir's technical literature is as follows: "AgriAir purifiers utilize a photo -catalytic oxidation (PCO) process to remove bio -contaminants and strong cannabis odors in commercial grow areas. This oxidation process utilizes dual wavelength UV elements that are targeted onto a tri -metallic catalyst surface. This surface is coated with a proprietary TiO2, Ag, Cu, and hydrophilic coating. UV energy (254nm) striking the target surface activates production of hydroxyl radicals, super oxide ions, and ionized hydro -peroxides (IHP) on the generator cell surface. The hydrophilic surface absorbs humidity from the air which is split into OH radicals in the advanced oxidation process. The dual wavelength lamp also emits UV energy at 185 nm. The photon energy at this wavelength is sufficient to split oxygen molecules. These ozone molecules are then reduced back to oxygen by the 254 CEA CONSUILANG E.NGNEEE 1506 X41 0" S -'f RI F -f, S I,..f.E 3 BEND, OREGON 977/01 nm UV energy that is also emitted from the UV element (another type of advanced oxidation reaction). The results from this reaction process also produce OH• radicals, super -oxide ions and ionized hydro- peroxides (IHP) similar to the surface reactions discussed earlier. PCO not only treats the air passing over the cell with germicidal UV light, it also continues to treat the surrounding environment with additional ionized hydro -peroxides and super -oxides. This purification process is effective at reducing both microbes and odors, something conventional UV systems cannot do. These powerful oxidizers destroy microbes, pathogens and other volatile organic compounds by changing their molecular structure and rendering them harmless. The lifespan of generated oxides is about 15 minutes, after which the unused oxides convert back to H2O and 02." It is intended to use 3 types of AgriAir purifiers. The AgriAir Air Purifier Industrial Odor Control Units, Model AGRIAIR 1000-1 and PG -1 are rated to control odors in a space up to 8,000 cubic feet. The AgriAir Air Purifier Industrial Odor Control Unit, Model AGRIAIR PG -3 is rated to control _odors =in -a space up to 12,000 cubic feet. Each type of unit is provided with photocatalytic generators, pleated carbon filters and MERV-11 filters. The building will be provided with the following AgriAir purification systems: 1. Five AGRIAIR 1000-1 units located in the following rooms: Drying, Manicure, Teens, Mothers and Trim. Their combined capacity of 40,000 cubic feet exceeds the actual volume of 24,000 Cubic feet. 2. Two AGRIAIR PG -1 units located in the Vegetative rooms. Their combined capacity of 16,000 cubic feet exceed the actual volume of 14,500 cubic feet. 3. Four AGRIAIR PG -3 units located in the Bloom Rooms. Their combined capacity of 48,000 cubic feet exceed the actual volume of 42,120 cubic feet. 4. The PG -1 and PG -3 units will be utilized in conjunction with a supply fan and sheet metal air ductwork system to insure an even distribution over the entire floor plate. The 1000-1 units will be suspended from structure and have a self-contained fan system to provide room coverage. Noise Control The proposed building conditioning and purification systems are to be designed to meet the Deschutes County Code 18.116.330 Noise Section requirements. This Section states that the HVAC and Odor Control systems shall not exceed 30db(A) at any property line between 10:00pm and 7:00am. The building HVAC air handling unit acoustic characteristics were simulated by use of the Trane Acoustics Program (TAP) utilizing the existing site conditions and property lines. The computer simulation indicated that the largest units would operate with a db of 41 at the property line. Therefore, CEA CONSULTING ENGINEERS 1506 NE I", STREET, SUFFE :3 BEND, OREGON 977011 541.:31.8-0404 (0), 419 467-9921. (M) a sound attenuation wall enclosure equal in height to the air handlers will be utilized in the final design to meet the Code requirements. In addition, the AgriAir purification units are located indoors and use small fractional HP motor/fans. We do not anticipate that noise from any of the odor control equipment will exceed the County requirements. Refer to attached schematic drawing M-1 "Mechanical First and Second Floor Plans" for equipment and enclosure locations. Summary If the system is selected and constructed within the guidelines described above and if the system is maintained per the filter and fan manufacturer's recommendations, the odor control system will control odor so as to not unreasonably interfere with neighbor's use and enjoyment of their property. ,o F'RoFi\ 1818 JQ REGON L (D L c N 0 0 0 •L L a) O N m CA N O t� N d' N tom- to 00 LO r r 00 N LO r GO to N r N N t• d7 Ln N M N O r 07 Lo r M Lo N a0 LSA CA Lo ' M 00 N t'- m co CD LSA ' CO $ i co N O O U ? p� N -J W W WHIL N 2 O j OTU=o Uw CL cv Ln NWWCo U W N O V � Q � ._o C N C ZOOS UJ �o O in V1 N C tl m A, 04 N AV, v1I N U) N r N L (D L c N 0 0 0 •L L a) O N m CA N O t� N d' N tom- to 00 LO r r 00 N LO r GO to N r N N t• d7 Ln N M N O r 07 Lo r M Lo N a0 LSA CA Lo ' M 00 N t'- m co CD LSA ' CO $ i co N All Noise Control, LLC 2731 Vista Parkway Suite # D-8 WPB, Florida 33411 561-964-9360 (tel) 561-964-9359 (fax) lnto@alinolsecontral.com www.alinoisecontrol.com STC rating 19 ANC-AB220 Quilted Fiberglass Absorber All Noise Control Exterior Grade Quilted Fiberglass Absorbers reduce the reflection of sound waves by covering reflective surfaces with a suitably protected porous, open -celled material. ANC-AB220 consists of an exterior grade, UV resistant heavy-duty VCP facing on both sides of a 1" thick quilted fiberglass. Modular panels are constructed with grommets across the top and bottom and are sewn with Gore Tenara exterior grade thread. The product is also available in roll form with edges bound or unbound Superior UV and weather resistance Available facing colors on quilt: gray, tan, black, off-white NRC rating 0.85 Noise Control Applications: Exterior Grade faced quilted fiberglass absorbers are used to reduce reverberant noise on permanent outdoor applications such as enclosing HVAC equipment, dust collectors or similar machinery behind a manufacturing plant where UV resistance is required. It is commonly installed over wood fencing or on brick or masonry walls of buildings adjacent to a job site or a noisy piece of machinery, Description Vinyl Coated Polyester (VCP) facing / 1" fiberglass batt, Vinyl Coated Polyester (VCP) facing Nominal thickness 1,0 inches Temperature range -40" to +180° F Standard width 48" wide Roll length 25' long Weight 0,35 lb psf Arnuctirnl Porfnrrnance[ This page intentionally left blank. Attachment 7 — Site Plan This page intentionally left blank. SITE PLAN - 4725 NE O'NEIL HIGHWAY, REDMOND, OREGON LOCATED IN THE SE114 OF THE NE1/4 OF SECTION 25, T14S, R13E, W.M., DESCHUTES COUNTY, OREGON TAX LOT: 1413250000200 xz o� z o w SCALE 1" = 40' �a py MO J BARN "q FF FF 12947:3 / J/ --� -��- 735 TO WEST --r---1 PROPERTY LINE CENTRAL ELECTRIC COOP RA RIGHTS-OF-WAY OR OTHER ENCUMBRANCES MAY EXIST ON f /A� z 3, EASEMENTS, THESE LANDS. A CURRENT TITLE REPORT SHOULD BE OBTAINED AND �I ( )R RECORD DATA PER COUNTY SURVEY CS18146. SHOP r I FF ±2947.2 �a �1 --------- EXISTING EDGE OF GRAVEL ROAD OR PARKING. ( EXISTING UTILITY POLE. CAR PORT E EXISTING UTILITY POLE ANCHOR. sZI - U - EXISTING OVERHEAD UTILITY LINE, SEPTIC AREA NOTES RESIDENCE POND PREPARED FOR: PROPOSED STRUCTURE SEE NOTE 2 515 TO EAST y� PROPERTY LINE (S89 -59'11'W - 1332.86)R TAX LOT: 1413250000200 SCALE 1' = 400' N I h lkI o SEE DETAIL -t u LEFT ^l r r (N89 -50'28Y ";h7325.60)R CENTRAL ELECTRIC COOP RA RIGHTS-OF-WAY OR OTHER ENCUMBRANCES MAY EXIST ON LEGEND 3, EASEMENTS, THESE LANDS. A CURRENT TITLE REPORT SHOULD BE OBTAINED AND �I ( )R RECORD DATA PER COUNTY SURVEY CS18146. REVIEWED PRIOR TO ANY DEVELOPMENT. r I -- EXISTING CONTOUR LINE - SEE NOTE 1. �a �1 --------- EXISTING EDGE OF GRAVEL ROAD OR PARKING. ( EXISTING UTILITY POLE. CAR PORT E EXISTING UTILITY POLE ANCHOR. sZI - U - EXISTING OVERHEAD UTILITY LINE, oZI t WELL NOTES RESIDENCE PREPARED FOR: 1, VERTICAL DATUM FOR THIS SURVEY WAS ASSUMED. 2. EXISTING OVERHEAD UTILITIES TO BE RELOCATED AT THE DIRECTION OF E TVE CENTRAL ELECTRIC COOP RA RIGHTS-OF-WAY OR OTHER ENCUMBRANCES MAY EXIST ON 3, EASEMENTS, THESE LANDS. A CURRENT TITLE REPORT SHOULD BE OBTAINED AND - REVIEWED PRIOR TO ANY DEVELOPMENT. 4. OTHER UNDERGROUND UTILITIES OR IMPROVEMENTS, NOT NOTED HEREON, MAY EXIST ON THESE LANDS. CONTACT THE OREGON UTILITY NOTIFICATION CENTER PRIOR TO ANY EXCAVATION. sZI oZI PREPARED FOR: FREGISTERED PROFESSIONAL CURT ROGERS R LAND SURVEYOR 2235 SHORELINE DRIVE EL = 1 10/16/17 JOHNS ISLAND, SC 2945 PREPARED BY: OREGON PRECISION LAND SURVEYING, t \ rp JULY m 1291 P.O. BOX 2062 REDMOND, OREGON 97766 JEl'IRY D. STICH'ER (641) 548-6082 (641) 923-E 1 2687 OCTOBER 16, 2017 SHEE1 RENEWS 6/30/18 DRAWN av: as. aoa rlo. En. ROGF.RS SREPUN ACRD: 17 This page intentionally left blank. Attachment 8 — Agency Comments This page intentionally left blank. Isabella Liu From: Randy Scheid Sent: Thursday, November 30, 2017 11:49 AM To: Isabella Liu Su bject: 2474 -17 -000936 -AD Izze, Please use my standard comments on the AD referenced above. Thanks, Randy. Rgnjy Scljeid I Building Official Deschutes County Community Development { 117 NW Lafayette Ave. I Bend, Oregon 97703 Tel: {541} 317-3137 Enhancing the lives of citizens by delivering duality services in a cost effective manner. Every Time Standards VVe respond in a timely and courteous manner; identifying customer needs and striving for solutions. We .set honest and realistic expectations to achieve optimum results. We provide knowledgeable, timely, professional, respectful service. We take ownership of customers' needs and follow through. We value our customers and approach them with an open mind. NOTICE: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Randy Scheid November 30, 2017 Isabella Liu From: Nora Wallace Sent: Monday, December 04, 2017 11:18 AM To: Isabella Liu Su b ject: 247 -17 -000936 -AD Izze, I am responding for the Assessor's office to the Notice of Application noted above. This property is in farm deferral. Nora Wallace Assessment Tech III Deschutes County Assessor's Office 541-388-6516 Nora.Wallace@deschutes.org Isabella Liu From: Peter Russell Sent: Monday, December 04, 2017 3:01 PM To: Isabella Liu; Chris Doty; Cody Smith Cc: Peter Russell Subject: MJ grow by O'Neil Way/NE 41st (17 -936 -AD) Izzie, I have reviewed the transmittal materials for 247 -17 -000936 -AD for a 4,000 -square foot marijuana production (growing) operation in the Exclusive Farm Use (EFU) zone at 4725 NE O'Neil Way, aka 14-13-25, Tax Lot 200. 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 4,000 square feet of mature canopy, so the access requirement does not apply. The traffic study requirements of DCC 18.116.310 are not applicable for this 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). 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 2,400 -square -foot building (60 X 40) to produce 4,000 square feet of mature canopy. The County's SDC is based on the building's total square footage related to cannabis production and support and not the square footage of the mature canopy. The 2,400 square feet of greenhouses would produce 0..77 p.m. peak hour trips (2.4 X 0.32). The resulting SDC is $3,031,(0.77 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. Please let me know if you have any further questions. Thanks. Peter Russell Senior Transportation Planner Deschutes County peter.russeil@deschutes.org (541) 383-6718 Isabella Liu From: Cody Smith Sent: Wednesday, December 06, 2017 1:24 PM To: Isabella Liu Cc: Peter Russell Su bject: 247 -17 -000936 -AD Izze, I have reviewed the application materials for the above -referenced file number, proposing the establishment of marijuana production facility with 4,000 sq. ft. of mature canopy at 4725 NE Oneil Way, Redmond. The subject property does not border a County road. As such, Deschutes County Road Department has no comments regarding this application. Thank you, Cody Smith, P.E., County Engineer Deschutes County Road Department 61150 SE 27" St, Bend, OR 97702 Phone: (541) 322-7113 Email: Codv.Smith!2deschutes.org CENTRAL OREGON In 6l -,gat i 1. DISTRICT S nes 1975 ATTENT: Izze Liu FROM: COID REGARDING: 247 -17 -000936 -AD DATE: 12-08-2017 COID COMMENTS FOR DEVELOPMENT COID FACILITIES: • Subject's property has the K-2-4 delivery ditch within its boundary o It has a 20' canal right of way • A crossing license must first be obtained from the district for any utility or roadway to cross or encroach upon COID's right of way • No permanent structures within COID's right of way are allowed. COID WATER RIGHTS: • Subject's property has 33.46 acres of COID water rights • COID requests a site plan • Please contact COID concerning use of water rights COID GUIDELINE STATEMENT • Review the following statement on marijuana operations Daniel Downing GIS/Operations Technician 1055 SW Lake CT Redmond, OR 541.504.7579 direct 541.548.6047 office CENTRAL OREGON Y : DISTRICT Bike 1915 COID response to Community Development Notice for Proposed Marijuana Production: Central Oregon Irrigation District (COID) serves this property with 33.46 acres of irrigation water during the irrigation season of April 1St through October 31St at a rate of up to 6 gallons per minute per acre. This water cannot be used for irrigation during the winter months. An additional source (not COID) of water is necessary to irrigate between November 11t and March 31St. If the recreational marijuana production facility is a greenhouse or other structure proposed to be built on top of the COID water right, land -user must allow COID annual access to the structure to document beneficial use of the water right. Structures on top of a water right for any purpose other than growing plants is not allowed. • Applicant should contact COID to determine status of water rights prior to construction of production facility. • Plot Plan is required to assist COID in determining if the proposed structure will be located on the water right or if a water transfer application is needed to transfer water to it. C t- This page intentionally left blank. Attachment 9 — Public Comments This page intentionally left blank. December 3, 2017 To: Deschutes County Planning Division 11, g . A, $ Late last week we received notification from the county that one of our contiguous neighbors (Randy Schoaff) was seeking a permit to grow commercial marijuana. We knew that his property was under contract for sale. It turns out the prospective buyer, Curt Rodgers from North Carolina, was initiating the application process. We had not heard a whisper of any of this from anyone until the county's letter so we were a little surprised to say the least. Mr. Rodgers did call us after he heard the cat was out of the bag and was very contrite and apologetic about us finding out this way. He also assured us that we would not ever have the slightest inkling there was a commercial pot farm next door. On the phone he sounds like a very nice fellow who is sincere in this belief but, by his own admission, he has never grown marijuana in his life. This raises some concerns for us that we would like addressed and nailed down so we can avoid any negative impacts to our property, life style, and future relationships with our new neighbor. 1. Marijuana is a drug that is now legal in Oregon. It can be used for altered states of consciousness, pain relief, anxiety disorders, sleep aids, nausea relief, and probably a host of things I know nothing about. Drugs can be used for positive purposes just as they can be very deleterious in their effects. Drugs can also attract a cast of characters that most of us would not want in our homes or lifestyles. It is not uncommon for people to want to steal drugs. Can we be assured that this undertaking will not introduce unwanted consequences into a neighborhood that is currently pretty darn safe, secure, and serene? 2. Most of us on farms in this area rely on canal/ surface water to irrigate our crops during the growing months. As I understand it, a cannabis growing operation will not be able to use COI water since it is federal water and cannabis is not a legal entity on a federal level. This would mean the sole use of ground water to irrigate the crop. Would the water draw from this farm affect our domestic well / water table? 3. Is there any adverse smell associated with the growing, drying, and processing of marijuana? In my limited contact, the odor of pot (unless you enjoy skunk) during certain times of the process can be horrendous How do you keep it contained and limited as much as possible? Would a strong continuous skunk smell affect my quality of life and property values? 4. Like any agricultural product there will be a waste factor. Do you haul that to the landfill? Do you burn it out back behind the shed? Do you spread on your fields? Do you feed it to the chickens and hogs? Do you invest in a high-grade composter? Is there any residual effects if it goes into the soil and then ground water? Just asking. 5. Does this grow permit, if granted, allow processing at the site? If so, that will raise additional concerns. 6. Are marijuana operations required to be bonded? I would guess that normal liability insurance would be tough to come by. What would be the financial recourse for folks if they were severely affected by this operation? 7. O'Neil Highway in this area is a very busy with lots of car and especially gravel truck traffic. Will there be a significant amount of traffic going in and out of this operation? Will it be safe? The current driveway set up for the property is not well suited for this. 8. Deschutes County has likely granted/sold many permits such as this. How is it working out for the neighbors in those areas? What is the County's feedback? In my brief conversation with Curt Rogers he tried to assured me that none of my concerns listed here would be an issue. I really want to believe him since he sounded like an upstanding sincere guy especially after the county letter came out. (He knows this was not the ideal platform to inform his prospective neighbors of his intentions.) My question though, if this permit is granted, what recourse options for us as neighbors are available if things are not as promised and the horse is already out the gate? Thank you for everyones attention in this matter. Sincerely, . 0 • 6090 NE 41 st Street E.: December 6, 2017 RE: Swamp Fox Farm LLC, File Number: 247 -17 -000936 -AD Deschutes County Planning Division We, Gary & Toni Aprill, are opposed to the proposed change in our neighbor's application to grow marijuana. It will become a draw for the criminal element. (There are news articles of farms and stores that have been broken into since the law has been in effect.) The resale of our property will become harder. (Who will want families to live next to a marijuana farm?) And our property value will decline. As we look at the "Pros & Cons" for our property and way of life for us, we do not see any Pros, just Cons. Since we did not receive this notice until yesterday, December 5th, there is not enough time to mail our response to you.. I'm going to send this by email to the Assistant Planner, Izze Liu. Then I will have to take time to go to the post: office to mail this letter. Dccclri or 8, 2017 VIA FACVI;141LE ONLY. 541¢3$5-M4 Deschutes County Community Development 117 NW Lafayette Ave. Bend OR 97701 lac➢,` Swamp Fox Fdrrna Applicartrarr,far u Marijuana Praaluctiarx F"aacilit), L rle Nay. 247 -17 -000936 -AD i'o Whorn it may Concern: This office represents Virginia Sanders, Trxlstee of the Virginia Sanders `frust who owns the property immediately adjacent to the, property subject to this application. Virginia Sandef's is opposed to this .application, We believe the application is deficient in the, following partiCulars and request additional opportunity to review the application and submit additional colnnjents, The deficiencies are; J . Odor — "E'here trust be accompanying any application, a detailed maintenance plan to ensure that anv odor control system, not only works at the initial point ofoperation, but that there is a maintenance pltul to ensure that the odor is contained in accordance with they code. There are too many instances where odor facilities have not been mainmined and odor has become a significant issue, particularly ill the Tunnalo area. 2, Noise -- There needs to be evidence, before operation, that the noise is being contaiaaed in ticcordanc.e v�Itl, the code. That must be a pre -condition of any operation. 3. Electrical Service -- Electrical service is not going to be provided to C I.,C and its Ctarrent configuration. CEC and the oAvner of the property, subject to this application, misled Virginia Sanders as to the nature of this grid across her property. They advised her that it would be Cora machine shop and slid not disclose that it would be fora marijaaana operation. Attached hereto is a copy of the letter to CEC to rescind that easement which would negate the ability of CEC to serve this property unless other arrangements were made. 210 Sw 5"' St., Ste. �d2 l I ccdmond OR 97756 I'luine. 541.11€1.15$8 Fax: 541,3166943 Fitch Law Group, PC "i d , o I, Y- f S 1J. ". tll C 4.. Wab3r -- There is significruit question as to whether Bond water can deliver water to tris property during the off - irrigation season. The Oregon Administrative Rules provide that municipal water cannot be used for this purpose, Very truly yours, ........ . . . EIDWARD P. FITCH E111-7:141 Enclosure Cc: Client GACl wnIM MS aaoczs, Vi rILiwiVSandcrs, Vi i gin i a CIA2017- 12-08 I,(rtoDCCD,docx 210SW5"'St.,Ste,W2 j Redmond OR 97756 Phone: "AL316AUS j Fax: 54r 1.316.1943 V1 Fitch Law Group, PC J.L. ommitced, to 'Excelleric, December 7, 2017 V[4 FA CSIMIL E ONL -Y. 54J-548-0366 Central Electric, Coo.perative, Inc, Attn: Parneli J. Perkins PO Box 846 Redmond OR 97756 Re. Virgina B. Sanders Dear Mr, Perkins: This office represents Virginia B. Sanders and her Trust. I am enclosing a copy of an casement that was recorded on or about October 12, 2017. This easement needs to be rescinded, We can either do it amicably or we will file a suit next week in Deschutes County Circuit Court, The basis for the rescission is fraud and misrepresentation, This easernent was represented to Virginia B, Sanders as necessary for a machine shop, It was also represented to her that no road would be associated with this easement, Virginia Sanders is 87 years old. She believed what she was told. Subsequent to that however, we discovered that the casement was actually to supply power to a marijuana operation, She would never have consented to that. Unless the Cooperative agrees to rescind this easement, on or before December 11, 2017, we will be filing suit in Deschutes County Circuit Court asking for a temporary restraining order wid preliminary injunction to prohibit any use of this easement. if you have any questions, please advise, Thank You, Very truly yours, EDWARD P. FITCH EPF:Ijn Enclosure Cc: Client Virigina\Sandcrs, Virginia C.L\2017-1207 2108W5"'St--Ste. #2 I Redmond OR 97756 Phone: 541.316.1588 1 Fax: 541.316A943 ......-i hiilct, s 10fbT _2 ; 11 CENTRAL ELECTRIC Jv. COOPERATIVE, INC. Deschutes County Official Records ii0rding return to: Nancy Blankenship, County Clerk 2017-40929 %C,&-r1vrt,aEJectric Cooperative, Inc, P.O. RON, 846, Redmond, OR, 97756 $63,00 W.O. 418,174 01139)412017004 3 8.0. XXXXXX D -EAS Cntcl Stn�4 SRB 10112/2017 03:19:02 PM AT -L.: 1413250000500 $115.00 $11,00$21.00$10.00$6.00 POWER LINE EASEMENT The undersigned, VIRGINIA B, SANDERS REVOC.ABLF LIVING TRUST, DATED TUNE 5, 2001 Grantor(s), hereby conveys to CENTRAL ELECTRIC COOPERATIVE, INC., an Oregon Electrical Cooperative Corporation, n Grantee, an easement on tile following described real property in Deschutes County, State of Oregon: A 20' strip of land lying in the Northeast Quarter (NE 1/4) of Section 25, Township 14 South, Range 13 East, of the Willamette Meridian, Deschutes County, Oregon; being a portion of that property described in that Bargain and Sale Deed recorded 06/12/200 1, in Deschutes County Records Volume 2001, Page 27777, said casement more particularly described as follows: As depicted in Exhibit "A" (Page 2 of 3), and described in Exhibit "B" (Page 3 of3), attached and rnade a part hereof This casement is granted on the following terms and conditions, 1. SCOPE, This easement shall be of a width reasonably necessary for the installation, construction, reconstruction, maintenance and operation of an electric transmission or distribution line Of One Or more wires and all necessary or desirable appurtenances (including, but not limited to ,res, props, guysi guy stubs, anchors and other supports); and includes the right to place all or any part of such lines underground arid the right 10 place guys and guy Stubs and anchors outside of the easement, Central Electric Cooperative shall also have the right to permit other utilities such as telephone. and T.V. cable io use, the facilities installed in this casement. This easement also gives Central Electric Cooperative the right to go upon adjacent lands of the grantor for the pUrPOSC Of Constructing, reconstructing, stringing new wires on, maintaining, inspecting and removing such lines and appurtenances, Central Electric Cooperative has the right to clear the easement of brush, trees and structures; and the right to top, trim, clear or cut away trees outside Ofthe easement which might endanger such lines, 2. LOCATION, The centerline of said easement shall be located as depicted and described in Exhibit "A" and 3, GRANTOR'S WARRANTIES. Grantor warrants that grantor has, the right, title and ability to convoy valid title to this easement. 4, GRANTOR'S RIGHTS, Grantor shall have the right to use the land subject to this casement so long as grantor's use does not interfere with this easement' provide.d that grontor Anil n, nt ,jace arY Crum, .,Pon the casementvfthot ! -�u'e prior VVI-Irtell collserii of — t, Central Electric Cooperative. 5. CONSIDERATION, The consideration for this transfer is for value other than monetary value. Dated this -)-L- day of 2017 Grantor, VIRGINIA B, SANDERS REVOCABLE LIVING TRUST, DATED ,TUNE 15, 2001 By; �rrostc:c\14poia B- Sanders State of Oregon: County of This instrument was a,krl . 11 ow "e Before inv2i this day of _017 by Virginia R—Sanders as Trustee of the Virginia B, r Sanders Revocable," 1vin, ated 3 urje7 2001, 01FICIAL STAMP Notary c. PERKINS Notal 0 A_ky P(JBIJ C. OPLEGON �y Public Orepon No: No. 926197 ;MISS 0� lyly Commission Expires: _C2_4� �5 KARCH IL 2018 9 06 - al I n.rlQ- 17 (inr rjno� 1 of I NF 41ST 57 N00'0 30"lla 700.26a c� L 1' �\ u Rs a Mag r ivy v, coir CS ld? Imo ?r ;CD: vi r��i rte* r ~ C? dti) "q Ieq�,J Cti �s� n°i L> hn�i ni �J i\5 K 1 rn Z" irz ') < sok q ...107YP. CIO Z �( r N-_ T.L. 1413250000200 RANDY J. SC140AFF � UA7E: PajD2f17 ACAD: I7Fi5FAS� E iIBIT 'A'fpr ctararr a arm sv v v , INC. PROPOSED CENTRAL. ELECTRIC COOPERATIVE, EASEMENT P.O. BOX 2062 A PORTION OF THE SW /4 OF THE NEI/4 OF SECTION 25, REDMOND,541)5OREGON092a776s / � (548) dQ8-6afla TI.4S, R13E, I .M., DESCHUTES COUNTY, OREGON (641) e22--0673 FAX I Precision 10,10. li'li., IneCt Professional Land Sunte)(Ors PROPOSED CENTRAL ELECTRIC COOPERATIVE EASEMENT A PORTION OF THE SW1/4 OF "ME NEI M OF SI 25,'1-14S, RIM, W.M. CURRENTTAX LOT 1413250000500 EXHIBYT'B' A STRIP OF LAND 20.00 FEET WIDE BEING A PORnoN OF THI--'SOIJ'J.'H%�IES'i'ONE-QUART17R OF THE NORTI-1EAST ONE-QUARTER (SWI/4 NEI/4) OF SECTION 25, TOWNSHIP 14 SOUI H, RANGL 13 EAST OF THE, WILLAMETTE tv/iERJDIAN IN DES(.11UTES COUNTY; OREGON, THE BOUNDARY OF WHICH BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNIER OFTHE SAll/4 OF TI -MINT -1/4 OF SECTION 25,'T14S, R13E, WM,- THENN(T!, N00 -01'00"W- 700,26 FEET ALONG THE WEST LINE OF SAID SWIM NEI/4 1-0 THEjNT OE j�(LNL\TL41�,G, LQ BEINLOCAl-F-1) ON THE WESTERLY BOuNDAP, Y LINE. OF 'MAT — B TRACT OF LAND AS DESCRIBED BY BARGAIN AND SALE DEED VOLUME 2001, PAGE 27777 RECORDED ON JIUNE 12, ?(lfl I I' DESCHUTES COUNTY OFFICIAL RECORDS; THEM ' E NOOM 11 I'00W - 20M FEET ALON(-j THE WESTERLY BOUNDARY LINE, OF SAID TRACT OF LAND; THENCE N87'25*39"E-258.56FEET; 'Fi-IFNCI--983'58'29"E- 1076.69 FEE -I' TOTHE EASTENLY BOUNDARY LINE OF SAID TRACT OF LAND; MENCE SOOIJ 8'04"W - 20.10 FEET ALON(3 THE EASTERLY BDUNDARV LINE OF ISAII.) TRACT OF LAND; '!`HENCE N83'58'29"W -- 1077.19 FEET; THENCE 987-25'38"W - 257.93 FEET TO THE TRI POINT OF BEGINTNiNG. STRIP OF LAND IS SUBJEC,r TO ALL OTHER EASEMENTS, RESTRICTIONS, AND RIGHTS -017 -WAY OF RECORD PERTAINING TOTIME ABOVE. Dl:-.,SCR.IB ED LAIA)S, RMSTERED PROFESSIONAL LAND SUMVEYOR OREGON JULY M I JERRY D. SnCHLER 2527 RE. NF -,W S 6/30/18 PO Box 2062 Redmond, Oregon 97756 10/02/17 (541) 548-6092 (541) 923-8973 FAX pisiirveying@gn,iail.coni llxi-k-ia .1 ux, k;obc.rtS "ai all-'Ctl December 21, 2017 VIA EMAIL AND FIRST PLASS MAIL Jeremy Dickman Clifton Cannabis 1-mv UC: 1735 Chandler Ave Ste 1 Bend, OR 97702 Email:: iei-ea.ii), cr;cliftoneaniiabislaw.coni Roberti:., _Maloney Jr. Lane PoweIl PC" 601 SW2" a Ave. Ste 2100 Portland, OR 97204 EniaiI: nialoncyr!ci laiicljoww-ell.coiii Jeremy and Bob: Enclosed Blease tinct a draft of the Complaint that we will he filing on behalf o1' Vir<tiinia Sander's "I rust. PLII-S L1111 to ORS 210. 18(}, 20 082 and 20.081, yve will lir: seeking recovery of ani- client's reasonable attorney's fees. This suit can be avoided upon. an agreement reached that this powwlerline can only be used for the purposes originally consented to, to writ: residence and a water wvell. Ifww e call resolve it on that basis, then niy client will be ww'illing to enter into that agreement and not file this litigation. Otherwise. the suit will be filed on or about January ?-Oil'. Thank you. Very truly Fours, r-" c_ Jy EDWARD P. FITCH EPT':1atr cc: client 4j: Glioit F1'F:Sim i .'Viii_imt 5a+dev Virginia('—Ation)vp lt3, t23l17.&'Ccv 21f,} SW 5;" St. Sic, "? RCClmoii t OR 97756 I'honee 541.310.15SS ', Fw,': 541.310,1 t>13 1 -i 3 4 5 6 7 ti 10 11 12 14 15 16 17 i's 19 20 21 22 23 24 27 2� IN THE CHRC'UlT('OtJTT OF THE STATE, 01- OP. EGON FOR THE COUNTY OF DESCI-IL-TITES VIR(ANJA SANDERS, Tmswe of the Virgina Sanders Revocable. Living'frust PlainOff' RANDY SCHOAFT, SWAMP FOX FARNIL LLC', an Oregon limited liability conipciny and CENTRAL ELECTRIC COOPERATIVE, INCI- an Oregon corporation, DeRmiclan Cpsi, No, CON14PLAINT (Fraud, Rescission. Dceiaratory Judgment and Injunctive. Abef) Clailn: Filing Fee: CLA I M NOT S UBJ ECT TO MANDATORY ARBITRATION' EMAND FOR JC ...... - - ----- (Background Fads) PATH is resident in Deschutes County, Oregon. Plaintiff owns the propeay located at 5910 NE 41`1 Street. Redmond. Urgon (-PRVvQ"j hming a QaAksattion Rmther Ualed on EAU A amiched licretoand incorporated by rel'orence herein. Rwidy SchoaKis as mident of Deschutes Counoq Oregon vith wi address at 4725 14E O'Neil '�Vay. ReclmondOregon. schoaff, is (lic cmncr ofthe pi-operty described on Exhibit 13 auadwd hemlo and incorporfled by reference herein, P. 61 -I , COMPLAIN-! (FRAUDRf�.CISSION- 1)I=;CLARAI ORY FITCH LA\\ GROCV, PC JUDGMENTAND 1114JUNNCTIVF? RIA -11"T NOW50snSWN? VIRIG);NA SANDI RS, VIRGIN [A CUt-2-017- I.', I j RaWw? OR 9756 CDMKMNT Wxx 1'hono: 541-31(,,-15* rim 541610043 2 3 4 5 14 15 22 23 25 26 2 IS 3. Swarnp Wx LLC Kmmmp FAA-) is an W9011 linlited hahiljl�, company. Fox Icurrowly has an applicaUon in Deschutes (`011ntYt0 conduct a marijuana operation oil the property, owiwd by SdwaM Swamp Fox also has cratered into a pumbue agvemenl RY die SMQRTerty, a copy of which A smadwd havo as ExWWt C, 4, Central F'.leoric Cooperative. Inc. (47W] is a Why cooperative pj-()\ iding electricity to vadous pads of Deschutes County, The Pr(Terties owned by plaintiff and defendant Schoall'rare= Nvithin the service area loo CI -C', 5. In apprtmirmAdy 1979 IWAT Vilinia Sandel-r s jIncl he,, Jjt.jsj,)ajjAj gave c.Cmsent to C -EC 10 PLa in two poles aCrOSS thCiJ_ ))roperly and an electric. Inc to the SchoaUpropoly There was n1l FccOrded casement for Inat powerline. The maintenance ofthic utility line. on the Sanders property has been by Emnscm. 6. I% pwpme oFle line was to pro%lde cletricitY to enable the owner of the Schoaff p"Terly, at that tinic, W umisuvet a residence aml to (Tame a well. There were no other 111.11 -poses consented to by the plaintiff and her husband. FIRST CLAIM OF RE'LIET (Fraud) PlainUrcalle,g),os paragraphs I through 6 oftbis complaint. PAGE?. COMPLAIN I (YRAU'D, RECESSION, DF(TNR,,VMRY FI a€'14 I ANVG Rol 11, PC' NOSW50Y.Saw: JUDGMY-N I -AND INJUNC-1 1071 IFT Mmm& OR 975n, (WAUTNTH SAND17% VREN&MADMR VW61MA CUMT I 2W Phonc: C0',,13l1.AlN'l.D0('X Fav 54111,1943 l 4 '7 6 c� 10, 1I 1 1.=. 14 1 1 E, 17 I 18 19 _)0 21 22 25 jf ,4 1 2, 26 S. (".tri or <:il om' October 12, 2017, cic:findatHs Sclw,al'f`and Ae pttnapal of Swwnp Foo 011-t Rogers ("Rogers'). niet AT L'it•ginia Sancic.rs at her property, .}'Ii.cy told her that ji-le �� a�s4il I <:pprechUe Ilea giving there an e:asemeM to CLEC so Mat Oink c.ottltl ni ake <aaltli orral 11 mit roN 1'ments to Me pow rlttne so 'Hut they "'47uld have mflicient pow-ci— to operate ai 1"31faC:Iline I 1 ;illi:?l7 A mpresentaative Som CI C' � aas also on the property bn( not present during that conversation. filer that cony rsa3tton.. `zchoaaft, Rogers, and a tepresent,.ttive ficom C 'C., t at ', . tac.l.t Perkins, mW in tlac Sanders rc sicicatc (_ Sclmaf't'and I2tl�t rs reiterated their icpre eratat oat ilaa<i aciclition.al poNver wotilcl be neeclecl c}ta1;5- f it the pitMose of operahn.L, at machine slit n. Basel LIpC7il. That 10presen.taation, pltaindff signed can c ast:i3lmh with '1 C , a copy of'' which is attached d ]ger o as Exhibit D, 10, The representation made by Schoall'aantl Rogers � aas false. I }at, to tte intent \vas to get addiii mal pciwe o operate; a nmr§mna f tt:ility uAbll 17hihitif'('oppose—s. C EC' was awmv or a beCyne aware that this ri;ptlsentiatim vvas Else, , TltC;'.av "as no toimWetatton paaW to }71a111t111 lot' dw eaasl.trifl n. The i 1bC'1?]k;-;1t 4ms Imcumd t lroupll the Use l'tl"t7"t sentittion wh1 h p13iIi1tll rC:lied Upon. That relian'c \'4as C'asona le. PAW t COMPLAIN! (FRAUD. I? 6 t_'I5SIt7N DECLARATORY s'iTr,. it t.MV caxOUK Pc- .'s%J1: (Al I`:lI AND INC;NC'At'L RE EF No SW 30 U. sour Cr f;`lai TS.l PF SAN [lEii`_V1R'a: J e?, $WDEAZS t`1R ii 0 C t „0,?_IM aedd"O. OR 97W f'(3mt't,:aitir.CxXX 11.0 SHIItrtW 33 _1 14 i5 t 17 18 19 0 'l. 2 23 4 2 26 j 2 Q 12. Ila.intlff has been dania ed. by the mi srq7eesGts-t3xini by the Il„ti:{)i"d<:lioll oftho ei.ise liejlt' Plaintilf huts. also beers damaged by haWng to proceed w0h litigation to remove ths cloud on 1 ei— ddea, `i -he: llrsttirr -un) <,motint of dar1lages that 1)l lintiff is entitled to, as a resuit of be Mud colltralrtted by def`endaltis Sebo:Iff and Swamp Fox is $ I ().t?t}fi:N or suc11 anlotll?t as shall be proved at tE'iA foes. 13, Pursuant to ORS 21081 I:rla,NUT "All be untitlod to 14 cot ;Iy diel, tet:tso.rl Ih,e attornQy's 14. (Declaratory Judg,,It,e'nt) Plaintiff reciller'e;s paragraphs 1 fliror.lg)lel 13 of chis complaint, Iint, IN As the easement v,as' procured h 3smi on Ir<a d and 1717 CIi.1'f f+t llt ItIt`.I?, Laid no c:onMdowdon was paid, pJ llititt seeks a declaratory judgment Awn this Court that.1he c8scIllent is rlull and void and haus rio fllt'thei f ."'C nd Lfteo THIRD CLAIM FOR RELIEF 16. (Declaratory Judgment) F'Jai ndA'realleges paragraphs I -I3 and 15 F'AGE 4 - L'6)',MPI- _AIN I {I R.- LM. RE-ClSSION. Dt C'LARAIOICY I:19( Et 1_.i\i r'R€- T.K o KUDO' IFNI AND INiUNC "3 ib'E: R1 1._If=:3 $d ` tis " [Ft'(iW'IS'f-a'FSANDIATMI(i-`tiNSWI)I= VVIliM4C :[ii --l"" Mm.: 50 3 16.1 U'P I Pursuant to ORS 20M82 and MOM plaintif'f sl,:;ll 1v entitled to. recovery their I it'asonable willne -4 fees, 18. PlahsH ameds that be po o ile ;s lir- consent and only [ora ?iriiitcd purpose. that is,,to serve a home and ;7;d1, Dct'i`ildhints assert that they have a EI'.lit to utilize that powedinc tf}F I 1}urt7 ses not consnuec:l to by the; Id Iinii f 11is would include a inarijiaana opc.3{ctit}ic tivloc�,li is iliegal CII7der Weral law. 19. 1'lairltiffsecks a judgment fr rn dos coin dedal• ng Matt the 1}o"Trhne can ori,, he used t()I' he lawki j)U]-j)0sCS 01-i!-Jllally Consented stinted bv ofaintiff 23nd not f6r 2 It 1}ich k ille)nl under- foc[e.ra.l jilly . In the tallCC'tlsitliv, f77s' ntiff'se i� s a 1tidgnient Poni this court - 1'{;tluirino GLC to I'cnlot e th s l>ow a line Poin her Property as thei-C is no t lSmliw for said line, The lines was p ic r:d inere.1: consent (d* be plait}titf; witch consent as I,c:ang «iMown. 2s. F01.)RTVI CLAIM FOR REIAUT (hijuncit e Ree i) Plaintilt rcEallcges paragraphs 1 through 13, 15 tlxre;l;gh ori of dos t:c;tagA ahr 13l=firlti l'seclzs ii}jt:u}crl�c rcfie.f' fi°or}a tliis COLIFt 1-e.quil'ing C_f C to remove: the ;.}owerline !Ci IS, plamull`s I-it'aperty on in the altowative, to prohibit C C' firo i Litilir.ing that existing line i'ACri , C0 -N-11'1 AIN 1 RUAUR REM S SION. DF 1 Mt,aMIT' FI'KM LAW t:;9t.MA' IT (11E VIS EPE S_l;vC EM, t IM(AN 1 5;1ND PS, b'11 GV-,jA (1-2M . 12-19 lZedinmid, Ok 9!",;50 MdPLANT.LOCN" Po 4I -+1t IS^Ifi I a x- 5-11-316-1943 2 3 4 J«o- oil -ler llmln to to-o,,ide electricity to a rcsidence and a well on dcfendant propt;,rty. VVHERF,FOR:, plaintiffprays lor.judgm-,ent as i6ollow--,: 1. For it judpnent agabmi defendants SMIT and Swamp Fox I to anwum of S I (100CIN or as such sum is Imxwen at WOL I A j gn,ient of Ohs court deda&g ka be ememcnt descril%,d on Exhibit D -is Wd and has no Rose or AM, 3, For a declaraWryjudgrnent that the easernent. is )inhied to pri-m ide clectriciiy only for purposes that are klwful under state anti federal loo or in the alternative Im- Mm declaratory Judgrrient that the casement is (N)nsensual ordly zj. For 'IjUdgInClIt requiring Kklo rmwwe the Powerlines tieross Sanders properly orl . r] tile. alternative prohibiting from INK&, any elcoricky aun" the lines ON mv to any purpose other than a resiCictice and a water welt. 5. -Ploindil's reasonable worney's fees cogs and disbirrstnnents incurred herein. I -Dated this day of Janum, 2018, FITCH LAW GROLR PCI 13 Y. Ed„ard 1. Fitch, OSB 782026 'Attorney for Plaintiff "Trial Attorney: Ed,,vard 11. Fitch.. OS13 J,'782026 PAUE 0 - COMPIAINI (FRAUD. RHASTUNI Dill AIRAII)RY R I IV I IT F)C J�I 11�'I t-.'flP,%'NTT AND N,JUI'NNC'F, r . -- -- VfR6,\,A(I.--)0I e-12-19 F! I (A LAM CRMA PC No SW 51 0, saw " RM"mj OR 9V�r, Isabella Liu From: Ed Fitch <ed@fitchlawgroup.com> Sent: Tuesday, January 09, 2018 3:44 PM To: Isabella Liu Subject: Swamp Fox application Attachments: SKM_C224e18010916460.pdf, SKM_C224e18010915300.pdf I am working with the Sanders family Please note there are serious issues with power and water concerning this application. Please see the attached Edward P. Fitch Attorney 210 SW 5th St., Suite 2 Redmond, OR 97756 541-316-1588 541316-1943 fax ed@fitchlawarouD.com www.fitchlawgroup.com CONFIDENTIALITY NOTICE: This email transmission,, and any documents,, files or previous email messages =attached -to-it, may contain confidential information that is legally privileged. If you are riot the intended recipient or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you have received this transmission in error, please notify us be reply at info@fitchlawroup.com or by telephone at 541316-1588, and destroy the original transmission and its attachments without reading them or saving them to a disk. fdariivana-related water use is sub;ect to the same water -use regulations as any other irrigated crop t:hWer the {?Iegml Water Code of] 909, aril water belongs to the public. "Th a 1W exceptions, cities, in igNors, hu toes ,s, and officr water users must oW aW a mater right from the Wter Resources I)epartiment to use water fram any source -- w=hether h is mcla tr'otnad, tTr from JAGS or aI`tarns. Generally 9caking., landowners with wami flowing past, through, or tinder dwir property do not. autonratically We be right to use that eater From the L7epartment. New water permits arenot available in many areas of 0regm , so incliAdt.tals ate strongly encouraged to investigate their eater-r.^sources options before investing in a proyject that requires a water supply. Violations of (Oregon Water laves can result its civil penalties or prnSectt6011 401'a Class 13 misdemeanor. The best way to Mentif� your legal waiter resmucesoptions is to speak with your local wnerrnaster (see Ire b i page! For u olr iirformmhn, you can contact the L)cpartntent at 5031860901 or visit our weh he at pop What are the watermuse authorizaHon options? 1. A w titer right may almady be assochad "ith your property; however, you will treed tet contirur that the right is still valid, and that it can be used for your purposes. Ski larly. waster may be obtained Brom a water purveyor such as a city or as wzawr disult that delivers ia':ater trader an existing w Wa right. Z if available, water may be acquired by e'tbtaaining 4a new water-rjht permit for un -face water or gmundwater. 3. Certain water uses are authorized through Oregmi law ats"exern t " Ron be Beed fora water right. More int wmation about exemlrst, uses is provided below. ('heck with ymw waters amen to mAc sue your us : duailifi s, d. T'hel-e can be other options to obtain tearer aside ham Wading al ne.0 right to surkwe water or groundwamn In some cases. with Department approval, a water right from another property can be transferred to as new paarcel, or stored water that is c "turgid during the winterand spring can help pi o ide a supply. Talk to your w -atom ssr about op imB. 4'4 hat else shoals you know about the use of your meter right' Chwe you ]bile at waterright, make sue that )"u UmTly",a0h thecoaiditions on the rig''`ht__ it 3s ailn';,y 1i � ota(t Ldea,t6 check "virh your walernlaste r to understandW emstions. Water ri<_�=hts are inucd for a patrtVular place of u.w, type of use, and point of diversr,on, seater rteltts also have hours ti i the amount of water that can he used, and may include limbtions on the season of use.. Your watermaster call help you to understand the terms of usC rin your w-atcr right: If you w=ant to change how the water is being used (for example, ham field irrigation to a greenhouse). check with your w atennaster 17 make Suri that the change lits within yottrex ging Wtiter right. In some inSlal)CCS YOU May need to obtain appro al front the Deprunent Mnnrdrh a pneawn called a imnst-er, In additioi the're may tie limits on the months Mat the water can be used. Watcr thhts mm- be subject to 11orfeillit— if la(A usc;d fol° fire 0011secutil C vear.>, Its addition, there may be tithes whery there is not enowgh water for evei), water user who holds a tauter right, In times of sh.Ctrtagc, the Senior user in croitled to recciv till of his or her wamr, bCi.Qre a:lunjor User. For example. a senior user x -with a pdority slate of 1910 can make a call for water, Land users with a _junior date (after 19 10 for this example) nia), be regulated_ o,lf in order to satisfy that Suits right, YOU should Calls With your local w aterrt SM' to understand how frequently regulation is likely tet occur, so that you can Man your operations aaccortiitigly. AW..'ftrlaxnWh rwrrqat r7rr?iurrtt,Wwr Ms's ?10 not fif'C uirt" at ])Pi'I ik the 'v<'11 iwily he SCftrt)al It) 7't'CAfiAn Rr anY othn- a1wlcl-! ght ill limes of tl-alel- b'1']Y1r/a,Ti'. I o)v eta I obtain it er,ater right permit in the State of Orego"? NAGS t water dghts are oN aired in a Mt-ccwstep proccss. The apphc:ant Arm must apply to the Department t'or a perridt to use nwr. Unce a permit is granted. the applicant must c:e:rnvruci a inattet symern and begin using waiter. ruler water is applied, the hermit holder' must hie ai cc;rtified water -right ezartiinea' to .(ataapiek, a survey of was use (aa niaap aDd is rcliort detailing how and where water has been appliedy If w Mer ha;, been used accordia_to the provisions of dw permit, the 1. yepati'tluentwill issue_ t water -right certificate. 10iD9%2o'i 5 t' "hat sources ofwater are exempt from the permitting proeess and 1mv can the `eater be cued? • Naturalspr'ings: Use ofa spring Am Lnlder natural conditions, does pat Orm a natural channel and I -low oil' tile Property "here it originates at any tittle- of the year: is conAdere d mempt fi-c m the need obtain a wpetrigltf. Check with yoln watcimmmer to detenkne if your spring qualifics for the cxcnlption • PmWwaWim Collection and use of rainwater froman artificial i.nlpca•vious sttdlace. uch as a roof, is considered exempt Rom needing a water -right. For nmv inA mEttion, Teter -to ORS 537.141, Chec,k with -yo ur waterimste.r to male sure- that your raitrwAter system is propedy so up to meet this exemption. You may also need to check oil local regulations with You CO Ll al Id,"Or City, lb Exempt arse arf groundivatcr for non -irrigation -related commercial/industrial jim-poses: L?ltdc-t- the excIllplionu up to +100 galkms her da} could be used I'c)r commercial or industrial use, Without a iNatcr right. 'Phis would include - pro ess ig mari u m 3; however &is e.xcnlption dotes n-ol-include water to pronloic plant growt,,11/c 7ltivatioil. 0 ExmWt use of grouWwakr Wr one -hath' acre ofnon-commercial lawn -------- and garden: %tet for of marijuana, vdi thet in a r 31(�II' 7Jus is rat>1 n ctrtrrj,ietc' 91-cenhousc or riot, sloes not requite, a water ri,W permit ptovWed Out the lot 0C' )cear>!pli,' nsbill rather irrtratimz-ts no mmv than one-half anyin area AA7) be rulti mini is „()t,- cominejvial. Use gl,grouncht'atcr to gor,1> _magjircrnErplalas whelz-, tho'' is lots Mose r?tc_sl 1wi,tm to irrl�,tl lt� lxt�ffl rl��.c,ar�7 clttczlrJi`,Ir�r rr ttrrl �tc�s�utc�r i�z<rr��t?trc�rt: Nate- the gi-m 'ih candl.)rocluclion of conunerchl indudes hmilegrown mcmationdl nuri oma and medical 19 cwFjiiona. Lik-etnYy ei-op; Me rnariitlana fol- liersonal ltse, tri wirers there is 110 intent to profit. I Iedical A'r[lrath Of J7uoluana An- 9i'"wers MW sock to mane a l,mht Roll, illedical or recreational rnarijuantt "•/7emer- are not eligible for this cNeniption, For cxampie. an individutll that gm%v rrlahad lir reOrWcrlAtad A not inarijLtana and donates it to patients and drspensuries torrid qualify th the eliigibl !or gr0tnr<lii c)t€ r exemption. Conversely, in indiVidual that guns marijuana and is c.�hrrz lir�ns- rcinlburscd for the casts ofthe production and labor-- intending to make moncy--- irnrrlrl`ma gmhQ. Chu =ter he ob(ained from a federal water project? Tile f4derral government is respolt ibie for determining= wholler Water froill their projects can be used to g-roti*v marijuana. Previmm smemmus by the federal gl» vmmem hNicate that use of Bureau of Itecfannation water Or the pinpose of prQ1i-bg mR7,1 ana is pi-ohibtted• %Outast dw Bucau of 1 edarrivion lir you inigat-ion WWI Ar morc ittl+?nn titbit, Who is my waternlaster;r District 1 ko 5018151967 District _G i `. 541-(y47- 620 Distrie:t 3 541-506-2652 District 4 541-575-01 19 Di trica 5 541-? Ifs 5456 DKOW ;; t ti 54106MR131 thstiict 7 ¢ 541-420-4=164. Dis(rict8 541.5 5224 Dis met Ci 1 541-473-5136 DWI _< ..., _' � �� 541-573-2591 C3is Het I I So 1 lon 541-306095 Astrk 12 A Wy Awn 1 54K947403t Disiriri 13 54 1-7746'sU Dkirio 1�4 'I 54.1-479-2401 District 15 541-4,40- 255 ITsti A 16 SON9864W) 1.Ji trit,t 17 0, at, , 541583 41 R"' Dkirict IS 503-S46-7780 511-39,.1905 District20 503-722-1410 I. imri,t 21 5 41- 31+4-4)07 :1.0(09pm Nhp of W,ittnmswr L?WActs l I: f l Isabella Liu From: Alidene Doherty <alidene.doherty@gmail.com> Sent: Tuesday, January 30, 2018 5:05 PM To: Isabella Liu Subject: Marijuana Grow Operation I am writing this letter to document my concerns regarding the marijuana grow operation at 4725 NE ONEIL WAY REDMOND OR 97756. Although my family and I are contiguous neighbors, share an irrigation ditch and own property is less than 550 feet from the proposed grow operation building, 1 was not informed of the owners intent to grow marijuana on the property at 4725 NE ONEIL WAY .After observing a land use sign posted on the property yesterday, January 29th, I contacted Deschutes Co. and was informed that since I reside in Crook County, there was no reason to notify my family of the land use change. Sadly things that happen in Deschutes Co, like this grow operation, will affect my property, business and lifestyle. Odors and Sounds will not stop at the county line and will encroach on my property. One of my family livelihoods is our high-end registered Angus cattle operation. We have invested thousands of dollars and will have to explain to potential customers about the local grow operation that they drove past before reaching our property. i will also have to explain how the marijuana grow operation doesn't have an impact on the health of my cattle. My recent research did not find any expert who would specify to the safety of cattle when exposed to marijuana, The irrigation system in place on 4725 NE ONEIL WAY is not a closed system. We have seen fish planted by Mr Schoaff, previous owner of 4725 NE O'neil Way . migrate down to our property and pond. With the proposed grow operation less than 120ft. from my irrigation water source, I'm concerned of the handling of waste and runoff. I have shared my concerns regarding water contamination with the irrigation system management. I also have concerns regarding the security risk this business will bring to the area. The location of this property at the outskirts of two counties, adds additional security implications. We often see suspicious vehicles and individuals in the adjacent gravel pit and have concerns regarding the remoteness of this area and the limited patrols by police. In addition, the BLM land just south of the proposed site has been in the news frequently due to inhabitants of homeless and criminal individuals. . Like other neighbors have voiced, I share the concerns in terms of security, water use, contamination, and impact to my property value, business and lifestyle. The reason I have zero confidence that the land use code will be followed by the individual running this grow facility is the lack of regard they have already shown. Per document 247 -17 -000936 -AD created 11/28/2017, The notice of land use sign was "ready to be picked up by Wednesday, November 29th, 2017" and Swamp Fox Farms had within 10 days to post a land use sign. Upon further research of the DIAL program document 247 -17 -000936 -AD I noticed the sworn affidavit from Mr Rogers saying the sign was placed on December 12, 2017. As previously stated, i noticed the land use sign on January 29th, 2018, the same day I contacted Deschutes Co.. Either the date on the affidavit was incorrect or the sign was not place in a location where it was visible to drivers on O'neil Hwy. This alone makes me question the compliance that will be shown, along with the fact that due to the date of the application, this operation will not be inspected by Deschutes County again till Feb 2019. I believe Deschutes Co needs to fully investigate if this organization will be good stewards of our land and good members of our community In addition I am requesting that I be added to the notification list for any future correspondence involving the proposed marijuana grow operation at 4725 NE O'neil Way, Redmond OR.. Sincerely; Alidene Doherty 20701 NW O'neil HWY Redmond, OR This page intentionally left blank. Attachment 10 —Will Serve Letters This page intentionally left blank. CENTRAL OREGON Irrigatioll 6 DISTRICT s„,, nn. 14-13-25 00 00200 4725 NE Oneil Way Central Oregon Irrigation District ("District") serves this property with a total of 33.46 acres of Irrigation water (surface delivery) provided under State issued primary water right certificate #83571 (priority date 10/31/1900) and supplemental certificate #76714 (priority date February 28, 1913). These certificates allow delivery during the irrigation season of April 11t through October 311 and cannot be used for irrigation during the winter months. Use of COID winter stockwater runs for irrigation purposes is not allowed. An additional source (not from COID) of water is necessary to irrigate November 1st through March 311t. Water is currently delivered at a rate of up to 6 gallons per minute per acre. If crop is proposed to be grown inside a structure, land -user must allow COID annual access to the structure to document beneficial use of the COID water right. A Plot Plan is required to assist COID in determining if a proposed structure will be located on the COID water right. Structures built on top of a mapped water right for any purpose other than starting/growing plants during the irrigation season is not allowed. Water rights are subject to the laws and rules of the State of Oregon, the federal government, and the policies of the District. 1055 SW Lake Ct. Redmond, OR 97756 541-548-6047 coid.org ABC Lightning, LLC 19724 Nugget Ave Bend, OR 97702 ph: 541-420-0882 fax: 775-890-9513 I Name /Address I Swamp Fox Farm, LLC 4725 NE ONeil Way Redmond, OR 97756-8770 Estimate Date Estimate # 2/5/18 60 Customer Signature Project Description Oty Cost Toted ABC LIGHTNING LLC is able and willing to deliver to: SWAMP FOX `FARM, `LLC 4725 NE ONeil Way Redmond, OR 97756-8770 An estimated 8000 Gallons ofwater each month for the intended purpose of use in an indoor marijuana production facility. Avion Water Company, Inc. 60813 Parrell Rd Bend Oregon 97702 541-382-5342 Regulated by PUC (Public Utilities Commision) Total $000 Customer Signature ,CENTRAL ELECTRIC COOPERATIVE, INC. www.cec.coop • P.O. Box 846, Redmond, OR 47756 • Office: 541.548.2144 • Fax: 541.548,11366 January 22, 2018 Curt Rogers 2235 Shoreline Dr Johns Island SC, 29455 RE: will Serve Letter for 4725 NE Oneil way Redmond, OR. in response to your inquiry, please be advised that property located in T.14S, R.13E., W.M., Section 25, Tax Lot 200, Deschutes County, Oregon, is within the service area of Central Electric Cooperative, Inc. Central Electric Cooperative has reviewed the provided load information (Two SOLI amp Single phase services) associated with the submitted Cannabis Grow Facility and is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative Sincerely, Robert E Fowler Engineering Service Rep This page intentionally left blank. �I o CO qE- O �O ^I W Q E -i W Qw 0 a C) C12 F"UCY) r a MOM.-;, - M. - ME I 3Nn kLa3ciq&i y� WHON Ol b9L ri O N o Q Q o it CQ M u t Wd U) OZ Z Cl - q y� \ n LO o woo CL a cwn 3Nn kLa3ciq&i y� WHON Ol b9L I a w L Q w 0 to N 8(L S'60f d — 3.9G. fT.00N) C) ri O N o Q o Y CQ M u t Wd U) OZ Z Cl - q y� \ n LO o woo CL a cwn n I a w L Q w 0 to N 8(L S'60f d — 3.9G. fT.00N) C) ri O o C7 o Y CQ M u t Wd U) q y� °b LO o woo I a w L Q w 0 to N 8(L S'60f d — 3.9G. fT.00N) C) O o C7 o Y CQ M u t Wd U) q " 'Z� 0 LO o woo l7t LLf Gii L '� !Y`,L �,Y s.VVJ/ U � � � o U') Z w z CL Qq Cc) 2 :3 ZS 0 cc S -n � H: cc w wcc W k1 w zz 0 0 ow¢ zo Lj z � 0 w z Ex U0 CVic� zw z wQ q wa vii¢ �Q wo V)C3 U) w I< CLof OCCt10Z0 Ln-=�}X 'zJs,o``-w�z§c=l�w wa Oq f�-Uo�W� x rr- Qfl-w oofwOQ CQ ,owcwa?4 zatz} i --ao9U N M 'd h P Q� R N O —n ;t1AH _. 3Nft .U213dO?id �— HltlOS Oi z n a U 11 L C7 o Y CO Wd U) Al " 'Z� 0 .n woo h P Q� R N O —n ;t1AH _. 3Nft .U213dO?id �— HltlOS Oi z n a U 11 L Fitch Law Group, PC "Con -.bitted to Excellence" March 23, 2018 VIA FIRST CLASS MAIL Deschutes County Board of Commissioners PO Box 6055 Bend OR 97708-6055 Re: Marijuana Applieation of Swamp Fox Farni File ,No. 247 -17 -000936 -AD Dear Commissioners, Edward P. Fitch ed@fitch I <I%k Lliida J. Nichols parale�ual I inda @ fi I C h! awvgnou' I I, Co [I) This office represents Virginia Sanders who is the Trustee of the Virginia Sanders Revocable. Living Trust. She owns the 40 -acre parcel immediately adjacent to the property subject to this application. This application should be denied for several reasons. 1. PoNver. There is a dispute between the parties regarding the provision of power by CEC. CEC had hoped to provide power through the Sanders property. That was the basis for their letter of September 22, 2018. That representation, however, was premature and was based on fraud. CEC and the owner of the property, subject to this application, misled Virginia Sanders as to the nature of this grid across her property. When CEC and the owner of the property asked Virginia Sanders to sign an easement they advised her that it Would be for a machine shop and did not disclose that, instead, it would be for a marijuana operation. CEC has since rescinded the easement which negates the ability of CEC to serve this property unless other arrangements are made. 2. Water. The applicant has again promoted the use of quasi -municipal water for the non -irrigation months. As noted in previous applications the use of quasi -municipal water to grow an agricultural crop outside the service area of Avion water is not permitted wider state law. 210SW51"St.,Ste. 92 I Redmond OR 97756 Phone: 541.316.1588 1 Fxv 541,316.1943 Fitch Law Group, PC Edward P. Fitch "Coll-in-litted to Excelletice" Liida J. Nichols Parale�al nda @ Ili tch I a wgrov P� c0n I The availability of water from a municipal system for an agricultural crop is clear. Under the Oregon Administrative Rules, municipal water is defined as the delivery and use of water throug,17 the water service system ofa municipal corporation fir all water uses, usual and ordinary to such sj)sleins. I The use of this municipal water, on an agricultural cash crop, in an area miles away from Avian. is not water delivered through its water service system. The definition of municipal water goes on to note that for irrigation purposes, municipal water use, appears to be limited to "lawns and gardens". These are similar to the restrictions of groundwater on a domestic water well or an exempt water well. The use of municipal water for agricultural operations, outside of municipalities would be a fundamental shift in water law; one not supported by any logical reading of this definition. The, second issue on water is the accuracy of the amount of water to be used by the applicant. There is ample evidence in the record that each marijuana plant will use anywhere between 3 to 6 gallons of water per &tj� The mathematical analysis for the number of plants within the mature canopy would be as follows: Mature canopy in each greenhouse 4 greenhouses (4 x 2,450 sq. ft.) divided by 5 ft. diameter for each plant 2,450 sq. ft. 9,800 sq. ft. 1,960 plants within a mature canopy. If each plant only took 3 gallons of water per day rather than the 6 gallons noted by sonic research, the total amount just for the mature canopy would be 5,880 gallons of water per day or over 150,000 gallons per month. At the higher end, as suggested by the research, the water use could C, be as high is 288,000 gallons per month. This does not include the areas inside the greenhouses for vegetative starts nor does it include the water requirements for the processing facility. This use of municipal water falls within an industrial or commercial category not irrigation for lawns and gardens, The County has already determined that the grow facilities are never a commercial or industrial use. The use of municipal water for an agricultural cash crop, miles away from the municipal service system, is simply not legally available. The applicant has failed to satisfy. Section 18.1 t6.330 of the Code requiring proof of a legally available water source. The amounts of water described above, which opponents believe is a much more accurate representation of what will occur, will also impact the traffic analysis .for this operation. I Kyle Gorman, the Water Master in Bend confirmed that Avian, even though it is quasi -municipality entity, its waterfalls under this definition of municipal water. ?IO $W5111S1,,Ste. #2 Redmond OR 97756 Phone: 541.316A588 I Fax: 541,316,1943 Fitch Law Group, PC "C ozxli7nitted to Excellence" 3, Domestic Water Well, Edw,ird P. Pitch Linda J. Nichols Parale til h ntl a @ fi lch! a �° group.com There is a domestic water well on the property and the opponents fear that if the applicants are not able to use quasi -municipal water they will use the domestic eater well which will have an adverse effect on the 'wells in the area. The opponents respectfully request that if this application is approved thatthe applicant be required to meter the well and that it be read every year to ensure that the water is not being used Bor agricultural purposes. Very truly yours, Dictated but not read EDWARD P. FITCH EPF:Ijn Cc: Client GACUen1,A1TnSandcrs,_Viirigina\Sanders, Virginia CLL018-03-23 Lir toBoCC.docx 210 SW 51" St., Ste. #2 1 Redmond OR 47756 Phone: 541.316.1585 1 Prix: 541.316.1943 Statement to be read on 4-11-2018 @9.00 about application #247-17-000936 (Swamp Fox Farm). Thank you, Commissioners, for hearing our opinions and concerns about this pending marijuana grow in our neighborhood. Our neighborhood may consist of more livestock, more acreage, more "elbow room", more quiet, more wildlife and less people than is in the cities and towns, but it is "our" neighborhood. It is what we want. It is the reason we live "out" in the country. And the neighbors within a half mile of this pending marijuana grow knows — this grow is not a good fit for our neighborhood. Because of the notification of the proposed marijuana grow on the property next to our fence, I have been forced to research and learn about that industry — how to grow the plant, the affects upon the neighbors, what are the truths and false rumors that surround the industry, and etc. And what I have learned is way beyond what I ever wanted to know. But, here is some facts I have seen or learned. 1. The Land Use Action Sign It was to be placed on the property, at least 10 days before the date set for receipt of comments. The affidavit stated that Curt Rogers placed the sign on December 12, 2017 where it can be clearly seen from NE O'Neil. It is dated 12 of December 2017. It is signed by Curt Rogers. The notary stamp and signature is dated 12 of December 2017. Alidene Doherty, who lives on the East side of the North Unit Irrigation ditch (which is on the east side of the proposed grow property and is the Crook Co. line) and she thus lives in Crook Co., did not see that sign until January 29th (per her letter that was emailed January 30th to the county). I can say that the sign was not posted as of January 14th, the last time I was by there until February, when I first saw it. And I had been watching for it. It was not posted on the day he said he did it. The sign was suppose to be posted with a "sturdy backing" and "advisable to cover it with protective material". The sign was tied to the fence in the center of the paper, under tree branches, about halfway (give or take 200 ft.) between his west property line and his driveway. When I first saw the sign, it was just a white piece of paper, half the size of the poster, on the fence line. I walked over to it and had to unfold the sign to read it. How can he be expected to be in compliance with all the regulations from Deschutes County and the state, when his actions and statements are different? 2. Power usage. I asked my power company how much power does a grow use? Their reply was "usuallyI maga watt and can be up to 2 maga watts". A large box store would use 1 maga watt and a hospital closer to 2 maga watts. A study done in 2011 with peer -review of scientific report stated that legal indoor marijuana grows accounted for I% of all the electricity used in the United States. Electricity does not grow on trees! As the supply lesses, the demands increases, the costs will go up for everyone, quicker because of the number of grows, like this, is being approved all over the country. We live on a fixed income. 3. Property Value. I asked a real estate friend is it true that property value drops near grows? I found out that in Deschutes Co., a property that bordered next to a grow, did sell in 2017 for about $20,000 less than the property's asking price. That amount included about $5,000 lower than the assessor's Real Market Value listed on the property taxes. Our property shares the fence with the proposed marijuana grow. How much value in our home and acreage, plus the other two properties, will we lose? How long will it take to sell it when we need the funds? All because it is next to a cannabis/marijuana grow. 4. Environmental impact. Water: How much domestic well water will be needed for this grow? When we talked to COID a couple of years ago about our irrigation water, we were told that it is illegal to use the half acre of well water on land that has been designated for irrigation water. So, if this grow has transferred water rights from one place on their property to the solid side building for the grow, then they can not use well water to help irrigate their plants. In the Findings & Decisions, on page 12, says that the applicant will get water hauled in from ABC Lightning, LLC, using 8,000 gallons of Avalon water. Is this even legal? It's water does not come from the same source as COID. How will this be monitored? Is there a way to put a meter on the domestic well before the grow begins so there will be a base line and then another check of it later. Our neighborhood does not want to worry about spending thousands of dollars to drill a new or deeper well? Air quality: Skunk odor — After the black & white critters go by, the odor is gone. Not so with the length of maturity of the plant's cycle. No matter how much venting, fans circulating the air, filters will eliminate the odor when there is an allowance for some to escape. Noise — Having a constant equipment running, droning on and on, day after day, does not make for a quiet neighborhood. 5. Monitoring for compliance. Because of the explosion of the marijuana industry in the state of Oregon and Deschutes Co., there is no one to keep an eye on this grow. According to the state audit of OLCC, their computer programs are not up to date to handle the needed information, the annual self reporting of the industry is not working, and not enough inspector (audit says 1 for 83 ratio) to keep up with all the needed inspections, so some producers and others are not even seen on a once a year inspection. 5. The stigma of a marijuana grow next door. When we have told other people about this pending marijuana grow next door, we are the butt of the jokes. "Don't have to go far to get your weed!" Since that first notification came in December 2017, our personal lives have changed. We now have to discuss or deal with the marijuana issues (Federal says illegal, State says legal, water is Federal control says no while state says yes, cash Federal says can't be spent on and state says something else, state says its an agriculture that only fit for marginal lands like those east of the Cascades and so on and so forth). All of this have caused a great deal of stress, concern, what ifs, within ourselves and our neighborhood. All because of this pending grow, our life style has changed forever. 6. Voters impact upon our neighborhood. The state of Oregon voted to legalized recreational marijuana by 56%. There are 36 counties in Oregon. Twenty two counties voted "no". Only thirteen counties voted "yes". They won the vote because of their larger cities within their boundaries. Including Deschutes Co. with a "yes" vote of 51.9%. Bend, Redmond, and Sisters had 55% say "yes". What was the rural count? 47% said "yes". So the majority of the rural count said "no". The three properties that share the wire fence around this proposed grow say "no". That is 100%, a majority vote. Our neighborhood says "no". We do not want a marijuana grow within our neighborhood. We do not want what the cannabis/marijuana grow represents, nor the stigma that goes with it. The bottom line is this: In this instance, I do believe that just because it is lawful doesn't mean that it is the right thing to do. If the majority of the population wants recreational marijuana, then let it be grown in their industrial area of their cities, not out in our rural neighborhoods. After all, this grow will be using an artificial environment, the plants will never see daylight. So, it can be grown in the industrial area of the cities and towns, after all it is called cannabis or marijuana "industry". Let them use solar power and LED lights to cut down on the energy usage and cost. There is a producer in Bend that is doing just that and trying to lead the way with "Going Green". I realize that you folks, the Board of Commissioners, is stuck between the evolving laws and rural citizens rights. Your decision is not easy. No matter how you decide, no one will win. Once more, let me say thank you for listening to one more rural neighborhood state their opinion on this very difficult subj ect. End of verbal statement. Some Additional Notes: The affects of marijuana is intangible, in the sense of measuring what it does to the body and within the communities. But it can be measured by the affects of what happens afterwards. Not only in the body. Case in Point: A man woken up in the middle of the night, thinking that death was knocking at his door. He was taken to Legacy Emanuel ER and he kept telling his son that he loved him, because he thought this was his last day. And he kept thinking that he would never be able to say goodbye to the rest of his family and friends. He was left alone and was confused, scared and ashamed. Why? Because the doctor told him that he had a high dose of THC in his blood stream. Where did it come from? Unknowingly, he had eaten a marijuana edible cookie. He was not a cannabis user, and his life was changed in that moment. (Source — Letter to the editor — Oregon Live/Oregonian) What about the effects on the communities and neighborhoods. There was a study done for the Governors Highway Safety Association. It reported: The seven states (Alaska, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington) and DC that legalized recreational use of marijuana between 2012 and 2016 reported a collective 16.4 percent increase in pedestrian fatalities for the first six months of 2017 versus the first six months of 2016, whereas all other states reported a collective 5.8 percent decrease in pedestrian fatalities. Oregon had 20.7% increase. Case in Point: In Portland, March 2018, a driver struck a woman in a cross walk. He had admitted to the police that he had smoked marijuana and had one beer. The police did a field sobriety test and found that the driver was impaired by stimulants and cannabis. The woman was expected to recover from her serious injuries, but the doctor thought she would have to be in an assisted living home for the rest of her life. (Source — KATU March 2, 2018) What other effects does the marijuana industry have on the communities and neighborhoods? The growth of the industry has been so quick that the state audit reported that the OLCC can not keep up with all the law changes for its computer systems. That the industry is self regulating from "seed - to -sale", that means that the owners, managers, so forth are responsible to "call" in their reports to the OLCC. The audit also said that the OLCC has one inspector for 83 approved recreational marijuana operations. Alaska and Nevada has one inspector for 18. As of December 2017, OLCC had received over 3,100 license applications and had approved over 1,600. Of those, over 50% are for producer licenses to grow marijuana and 31% are for retailer licenses to sell marijuana products. What about Deschutes County? As of March 19, 2018, those that are licensed and active: 26 producer, 23 retailer, 12 processor, 9 wholesaler and 2 laboratories. This also means that there is more marijuana in production in the state of Oregon, including Deschutes County, than can be sold. Where is the surplus going? To illegal markets. The state passed a bill to send 1.5 million dollars over a 6 year period to help law enforcement combat the problem. And yes, it is a war if you look at it from that perspective. Water is a big concern. Yes, COID is providing the water rights (rights only, they do not own the water) for this "grow" operation. So, there is no thought about how much water will be used from their domestic well to help with the operation. From the State of Oregon Water Resources Department says that ground water (wells) can not be used to grow marijuana. We are a part of the Upper Deschutes Basin and our water comes from the main rivers and from the Cascades (in our area it also comes from the North Unit Irrigation Ditch). The US Geological Survey keeps a check on certain wells to see about the water level. It depends on the weather conditions, how much drought, how much usage, and so forth. The location of this grow is on a plateau and the wells in this area is, give or take a 100 feet, between 300 to 400 feet deep. So, if one of the neighbor's well goes dry after a grow is allowed and there has been no state inspectors to over see the operation, then where is the effected homeowner going to come up with the 20 to 50 thousand dollars to drill a new deeper well? Water should be a huge concern for everyone who lives in Deschutes County, because we live in a desert, and without water, it will return to desert. What does it take to grow marijuana? Lots of work. Following all of the state's regulations. The cost of everything needed to make the right environment inside of a building. Cannabis comes from the Asia area. It has been around for thousands of years. The ideal temperature is between 75 to 85 degrees. The pH range is 6.3 to 6.8. The grower has to keep the humidity level correct and have to have air circulation. So, there is a range of grow lights, from LED's, which is at the bottom of the line because they do not have the full color spectrum needed to make them the best choice, to the best in the market that does have the best grow color spectrum, but they eat up energy and produce tremendous amount of heat. These lights have to be on for 24 hours a day for several months. It is about a 6 month growing season. Then they need to gradually reduce the amount of light until the bud form and maturity to harvest. The plants need to have CO2 to grow. That means, if they do not get enough from outdoors, then it will have to be pumped into the building. The required vent system can not stop all of the excessive heat, gases, and odor from escaping the building. A peer-reviewed scientific report stated that legal indoor marijuana growing accounted for I% of all the electricity used in the US. Let's bring it down to a single grow operation in Deschutes County. The operation will use 1 to 2 maga watts of electricity. What can use that much power? A large box store. A hospital. Times the maga watts with the number of grows already approved in Deschutes County and it is 30 to 60 maga watts. Now, where is the extra amount of power coming from when it is 100 degrees outside, all of the AC are on (including keeping the marijuana plants cool)? The supply of electricity will cost more when it is found and the cost will have to be divided by everyone. So, we all are paying extra just to keep the power on for the growers? Is there a real fear about property values dropping? Yes! I found the address for 26 grows in Deschutes County. For properties next door to grows, for the last 3 years (when the state approved), all areas but one had no recent activities. The one did lose money on its sale. It lost about $20,000 from the asking and $5,000 of that was below assessor's Real Market Value from the property tax statement. There has not been enough time go by to see for certain, but it does show that the fear of reduced value is very real. Is there a real fear of the stigma associated with the cannabis industry? Yes! Why? Because we came through the `60s and `70s where marijuana was smoked openly out of defiance to the law. The hippy generation used it all the time. The Vietnam War soldiers used it to deal with the terrible things that they saw and did. The law really did not do much at that time. Then the people went on to more powerful stuff to get a better "high". They admitted that it was the marijuana that got them started, then the LSD, on to coke and heroin. Then the law enforcement started to crack down on the industry to try to keep the people from getting hooked on the worse drugs. That does not even mention that the hard criminals that have involved themselves in it to get rich at the expense of others, their domains is like a cancer that grows. That is well documented. Where is the extra surplus coming from? It is coming from the whole cannabis industry (legal or illegal). Oregon and Deschutes County is getting a bad name all over the United States. They are picking up the news reports and their headlines are not positive for the county. The LA Times had an article about the youth on the tribal council of the Warm Springs. They have no industry for their people to get jobs. Right now, they are in the process of getting the OK to have marijuana grows. They are the first tribe to do this. Even though the retired Chief of Police says he is against it because there is already a substance abuse problems. This will just add to it. The supply has out run the demands. What does the future look like? The way the state has set it up, it is pitting the rural communities against the wants and desires of the heaviest population areas. Look at how the voters decided. How can 13 counties over rule 22 counties? How can the cities and towns within Deschutes Co. over rule the rural areas? In the 2010 census, there were 157,000 in the county. Only 50,000 lived in the rural area. The state agriculture said that cannabis needs water and thus it is suited for rural areas, because of the irrigation. Yet, it can not be "farmed" like any other agriculture because it is not suited for large farms. Think in terms of huge corn fields. So, it would be better for the marginal lands (which is not suited for large farms) like east of the Cascades. Thus, it ends up out where there is irrigation waters. But the state says it has to be hidden from view, and here in the dessert that means greenhouse or solid sided building because of the lack of vegetation. The plant is too sensitive to the short growing season to survive in the dessert. Most of this information I searched out before I attended the work session on 4-2-2018. It was very informative about what is happening and the struggle the county is having, since the state is not very helpful. I too agree that everything needs to stop, revisit the laws in both state and county and see if there is a better way to make things fit without all of this commotion among the citizens of Deschutes County. The Genie is out of the bottle! Never to return. The rest of the United States will too start accepting the fact that cannabis will overtake each state. It is now, a matter as to how to regulate it so it will not pit neighbor against neighbor, rural against towns and cities, as it already has in many areas. Mine included. Toni Aprill