The URL can be used to link to this page

2018-297-Minutes for Meeting June 04,2018 Recorded 7/18/2018• w•''D OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541)388-6570 1:30 PM Recorded in Deschutes County CJ2018-297 Nancy Blankenship, County Clerk Commissioners' .journal 07/18/2018 8:33:39 AM ![!Jill 11111111111111111111111111 2018-2 FOR RECORDING STAMP ONLY ALLEN CONFERENCE ROOM Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. No representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 1:38 p.m. ACTION ITEMS 1. 9-1-1 Update - Radio Discussion Sara Crosswhite, Interim Director noted the new temporary tower at Overturf went live and the number of tickets received has decreased. Bend Police Department Captain Paul Kansky commented on the number of tickets and issues seen with transmissions. Ms. Crosswhite noted the missed audio will be reviewed by a technician this week. The temporary site will be assessed for 30 days. On Tuesday, June 14 Crosswhite has a meeting to evaluate how the Overturf tower is working and what adjustments need to be made. Commissioner Baney noted if there are BOCC WORK SESSION JUNE 4, 2018 PAGE 1 OF 8 expenditures that are needed to get the best service available, the Board would need to know that. County Administrator Anderson noted as weak spots are identified in the system, the needs can be addressed. Ms. Crosswhite reviewed the plans for an audit. Commissioner Henderson commented on the audit proposal and wondered where the concept came from and what was decided to audit. Commissioner DeBone noted this is not just a public safety radio item and feels the need to include all of the technology. Commissioner Baney looks at this as a lessons learned and how to move forward. Commissioner DeBone also notes we could offer expertise around the country with our audit services. Commissioner DeBone inquired if we have decided on the dollar amount to spend on an audit. The Board inquired on the dollar amount that should be spent and asked for guidance from the County Internal Auditor for a recommendation. The siting of lands for the permanent tower was discussed and the coverage provided with Overturf will be reviewed. Commissioner Henderson requested that the Board be invited to the meetings to discuss the permanent tower site. Coign y Administrator Anderson commented on the candiriatP selectins fnr the technical manager position and that the offer was not accepted. Mr. Anderson spoke on the skill level and experience required for this position. The Board expressed some interest in speaking with the candidate. However, if the candidate is not interested the recruitment will be reopened. Ms. Crosswhite spoke on the FCC licensing processes and the need for engineering support on site. Ms. Crosswhite noted ADCOMM Engineering needs to be covered through a contract for the extended need. County Administrator Anderson explained the Harris proposal for the Overturf Site and that tower was not a part of the original design. Coverage maps are necessary for showing service coverage and that requires contract authority to pay Harris for that service for Overturf. Commissioner Henderson would like to review the work scope. Commissioner Baney thanked Ms. Crosswhite and the team for everything they have done. BOCC WORK SESSION JUNE 4, 2018 PAGE 2 OF 8 2. Consideration of County Administrator Signature of Document No. 2018-244, Memorandum of Understanding with Brothers -Hampton Rangeland Fire Protection Association Emergency Services Manager Nathan Garibay, County Forester Ed Keith and Kim Vanderford of the Rangeland Fire Protection Association presented this item for consideration for the allocation of funds to the Brothers -Hampton Rangeland fire protection association. The fire protection association started in 2006. They receive vehicles from the federal excess program. Ms. Vanderforth reported on grant opportunities that have been afforded to help with training and equipment by the help of Emergency Services Manager Nathan Garibay. The Board expressed support. BAN EY: HENDERSON: VOTE: BAN EY: Move approval Second HENDERSON: DEBONE: Yes Yes Chair votes yes. Motion Carried 3. Central Oregon Canal Nomination to the National Register of Historic Places Commissioner Baney noted the Teal Road property related to this item is in a family trust so she formally recused herself from this consideration/ involvement. At this time, Commissioner Baney had to leave for another meeting. Zechariah Heck reported on the Central Oregon Canal nomination to the national register of historic places. This topic has been highly controversial with many challenges. Historic Landmarks Commission has met five times to figure out the most appropriate response to send to the state because of it's controversial nature. BOCC WORK SESSION JUNE 4, 2018 PAGE 3 OF 8 Commissioner Henderson noted the difficulty in repairing/maintaining the canal once it is granted Landmark status, due to extra steps and approvals. Mr. Heck reviewed the criteria that the evaluations are considered. Commissioner Henderson wants to look at this and feels there is a bigger issue of public policy here. Commissioner DeBone likes the idea of a letter showing support of providing irrigation and to make statements it needs to be maintained and should not be limited by the historical landmarks process. Written and oral testimony has been received from both sides and has been recorded. Commissioner DeBone would like something written to note the anger, energy, and intensity of the comments received on this item. There are approximately 40 land -owners affected by this. Mr. Heck noted the nomination will be reviewed by the State Historic Preservation Office on June 22nd agenda. The Board expressed support of a letter. Mr. Heck will come back to the Board on June 13 with a letter for consideration. Commissioner Henderson requested the letter be sent to the Board this week for review. Jeff Wieland, member of Basin Study Work Group asked to comment - the decisions Impact the people and letter Wvv received by SI -IPO saying their comments will not be considered. His comment will be provided to Mr. Heck in Community Development Department for the record. 4. Consideration of County Administrator Signature for Grant Application for Deschutes County Emergency Management Program Nathan Garibay, Emergency Services Manager presented the annual request for emergency management performance grant and is a matching grant. This is a third of the emergency management program including personnel costs. This grant provides federal funds. HENDERSON: Move approval DEBONE: Second BOCC WORK SESSION JUNE 4, 2018 PAGE 4 OF 8 VOTE: HENDERSON: BAN EY: DEBONE: Yes Absent, excused Chair votes yes. Motion Carried 5. Forester Update - Smoke Management Rule Revision Ed Keith, County Forester presented on the smoke management plan. The state of Oregon is currently revising the plan to limit impact on populated areas. Mr. Keith presented a graph of air quality and the impact of smoke. Oregon Department of Forestry and Department of Environmental Quality have drafted a set of rule revisions. The rule is proposing more relaxed attitude toward smoke in populated areas to allow for some entry of smoke. They will track smoke that enters into populated areas and where they could become intrusions to the violation of clean air act. The state proposes to set a limit and the objective would be to avoid those incidents. They are also proposing a one-hour standard. Every burn that occurs will be considered an intrusion based on the new rules with the one-hour standard which will u L...IUr p r74.� it , Dnto r'nIirrl iri r�f rho nlnti ire rnncorvanry ue a LI lapel Ige I VI pl eSCI IUCd fll ea. I ClC %_U11E 11 I u I vu u� i�� vu has done research that shows only 2% of all of the days were due to prescribed fires. These rules are being presented to the Board of Forestry on Wednesday, June 6. Following that, hearings will be set to take the rules out to the public. The DEQ has a permanent air quality monitor in Bend and mobile sites in Sisters and Prineville. Commissioner Henderson noted so many of these people making the rules do not live with forest fire every year and there is push back on the rules because of health issues. Commissioner Henderson feels unless we get to a localized remedy how do we get to the next step. Mr. Keith noted the Deschutes Collaborative has come up with a paper to address the concerns on the one-hour rules to stress we are trying to defend communities from wildfire. A committee has been formed with varies agencies to educate people about prescribed fire to give them information on public health, interactive maps, and what the public can do to protect themselves. This website encompasses information on all fire activity in Central Oregon. There is an opportunity to present to the Board of Forestry on Wednesday. BOCC WORK SESSION JUNE 4, 2018 PAGE 5 OF 8 Commissioner DeBone noted his support for prescribed burns and will advocate for it. Commissioner Henderson would like to go to the meeting and testify. Commissioner Henderson expressed interest in a field tour of prescribed burns. 6. Potential Marijuana Production Appeal, 6829 NW 66th Street, Redmond, Order No. 2018-040 Nicole Mardell presented this item. Two appeals were received on Friday. The applicant proposes to construct a 50x100 agricultural structure for proposed marijuana production use. Ms. Mardell presented timelines and anticipates a number of interest in public testimony. The Board expressed interest in hearing the appeal. HENDERSON: Move approval DEBONE: Second \/l1TC. uCninCocnni• vote V V I L. I ILIV VLI%JVI V. 1 � BAN EY: Absent, excused DEBONE: Chair votes yes. Motion Carried 7. Potential Marijuana Production Appeal, 22126 Bear Creek Road, Bend, Order No. 2018-043 Isabella Liu presented this potential appeal. The applicant proposes to utilize an existing 3,027 square foot greenhouse on the subject property for proposed marijuana production use. The Board expressed interest in hearing the appeal. HENDERSON: DEBONE: Move approval Second BOCC WORK SESSION JUNE 4, 2018 PAGE 6 OF 8 VOTE: HENDERSON: Yes BAN EY: Absent, excused DEBONE: Chair votes yes. Motion Carried 8. Potential Marijuana Production Appeal, 61050 Larsen Road, Order No. 2018-042 Matt Martin presented this potential appeal. The applicant proposes to construct a hybrid agricultural building approximately 16,000 square feet in area containing four connected greenhouses. The Board expressed interest in hearing the appeal. HENDERSON: Move approval DEBONE: Second VOTE: HENDERSON: Yes BAN EY: Absent, excused DEQ!'I�IG rhnir xinfinc wpc Untinn rarrionri UV VL. �.I lull vvL%.a Yom. . iriv�vi vu OTHER ITEMS: • Nick Lelack, Community Development Department Director commented that tomorrow is the deadline for residents to apply for the vacancies on the Planning Commission and asks for the Board's direction for the selection process. Commissioner Henderson expressed interest in participating in the interviews. • Commissioner DeBone inquired on the House District seat and the candidate that had applied for the Audit Committee. Commissioner Henderson noted he would not support the candidate if she is still in the race. This item will be brought back for discussion. BOCC WORK SESSION JUNE 4, 2018 PAGE 7 OF 8 • Commissioner Henderson noted his lack of interest in the membership in the Eastern Oregon Counties Association. He expressed his concerns where Deschutes County doesn't seem to have any benefit from the membership. COMMISSIONERS UPDATES: • Commissioner Henderson attended the National Association of Counties Western InterRegional conference. Commissioner DeBone went to Leadership Bend event and the ODOT Bob Bryant retirement party last week. EXECUTIVE SESSION: None presented. Being no further items to come before the Board, the meeting was adjourned at 3:47 p.m. DATED this Commissioners, Day A, RECORDING SECRETARY 2M 8 for the Deschutes County Board of BOCC WORK SESSION JUNE 4, 2018 PAGE 8 OF 8 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, MONDAY, JUNE 4, 2018 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend Work Session, which are open to the public, allow the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. CALL TO ORDER ACTION ITEMS 1. 9-1-1 Update - Radio Discussion / ADCOMM Contract - Sara Crosswhite, Deputy Director 2. Consideration of County Administrator Signature of Document No. 2018-244, Memorandum of Understanding with Brothers -Hampton Rangeland Fire Protection Association - Nathan Garibay, Emergency Manager 3. Consideration of County Administrator Signature for Grant Application for Deschutes County Emergency Management Program - Nathan Garibay, Emergency Manager 4. Forester Update -Smoke Management Rule Revision -Ed Keith, Forester 5. Central Oregon Canal Nomination to the National Register of Historic Places - Zechariah Heck, Associate Planner Board of Commissioners Work Session Agenda Monday, June 4, 2018 Page 1 of 2 6. Potential Marijuana Production Appeal, Order 2018-040,6829 NW 66Th Street - Nicole Mardell, Associate Planner 7. Potential Marijuana Production Appeal, 22126 Bear Creek Road, Bend. - Isabella Liu, Associate Planner 8. Potential Marijuana Production Appeal, 61050 Larsen Road, Order 2018-042 - Matthew Martin, Long Range Planner COMMISSIONER'S UPDATES EXECUTIVE SESSION Executive Session under ORS 192.660 (2) (i) Employee Evaluation At any time during the meeting an executive session could be called to address issues relating to ORS 192.5660(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 public. OTHER ITEMS These can be any items not included on the agenda that the Commissioners with to discuss as part of the meeting pursuant to ORS 192.640. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar Meeting dates and times are subject to change. All meetings take place in the Allen Room at 1300 NW Wall St. Bend unless otherwise indicated. If you have question, please call (541) 388-6572. Board of Commissioners Work Session Agenda Monday, June 4, 2018 Page 2 of 2 N o CL)Yi N Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 4, 2018 DATE: May 29, 2018 FROM: Sara Crosswhite, 9-1-1 Operations, 541-322-6111 TITLE OF AGENDA ITEM: 9-1-1 Update - Radio Discussion / ADCOMM Contract ATTENDANCE: Sara Crosswhite SUMMARY: 9-1-1 Update Radio Discussion / ADCOMM Contract TO: Board of Commissioners FROM: Tom Anderson, County Administrator Sara Crosswhite Interim 911 Director DATE: May 25, 2018 SUBJECT: 911 Update - Radio System Status/Commissioner Questions This memorandum is intended to provide an update on the current status of issues associated with the 911 radio system, and is also in response to the questions posed at the BOCC work session on May 21, 2018. We are also scheduled to deliver an update in person at the 6-4-18 work session. 1. Evaluation steps for radio system after "go live" of Overturf Butte Although pre -testing has occurred this week associated with Overturf Butte, go -live has been delayed until after the holiday weekend, due to some functionality issues that have come up this week — see #6 below and attached. Once the system is turned on for all users, including Bend PD, the following testing protocols will be followed. The testing will be done in conjunction with Harris, ADCOMM and users. Be n 'n also M .d n�cn +ee+ina fnr which e have offered assistance. DClld rD will aIJV be ldoI independent , e a........a••.....• Testing Method: • Adjust the power and timing at all the sites in the simulcast cell. • Follow site testing procedure in the Harris Master V installation and testing manual. • Drive test coverage area and note RSSI on one radio while placing calls on another. • Drive test coverage area and use a Harris radio to log RSSI and site adjacency list • Drive test area and log BER • Use the STI software/hardware to log coverage map based on RSSI. • Use data to compare audio and RSSI over coverage area. • Other test instruments used when needed during configuration and testing. o Anristu LMR Master o Bird Power Sensor o Freedom R8100 service monitor o Laptop computer running various software programs • Monitor system performance for 30 days post go -live — RNM, Call Activity reports and drive testing. During pre -testing, RSSI and audio was tested at the identified locations (COCC, Monterey Pines) and other locations to verify existing coverage had not changed (downtown, NW Crossing and Costco/Forum). RSSI and audio was great, 20 dB improvement at COCC with no site flopping. 2. Audit goals/procedures/proposal for what went wrong with Harris radio system implementation Draft criteria for the external review (attached) was prepared and sent to all users 05/23/18 for review. We are attempting to set up a meeting the first or second week of June with user agencies to discuss the criteria, consultant selection and timelines. 3. Siting and plans for permanent tower Minutes from User Board, PSRT, and Radio meetings are attached regarding past discussions on the Overturf Site. The final decision to adopt Overturf as a permanent site is still pending, and will be done after review of the local bend simulcast radio cell system performance after the temporary site go -live, and user agency agreement. Design and construction of the permanent site is included in the proposed FY 2019 budget. In anticipation of Overturf providing the necessary additional coverage, work has continued on both the temporary and permanent siting so that staff and resource time is used efficiently and that minimal time will be lost in transitioning to a permanent facility. We are proposing to continue to use ADCOMM for the design and permitting work for the permanent site - see #5 below. 4. Hiring process for a Technical Assistant Director A job offered was extended to the top applicant for the position in early May, based on positive feedback from 911 staff, County Administration, Bend PD and Bend Fire. The applicant declined, but after additional conversation, indicated that he would consider a revised offer. The 911 Director, County Administrator and HR Director worked to craft a counter offer, which was presented to the BOCC for feedback and approval. We are awaiting BOCC direction. If and when the job offered is accepted by the applicant, a background check will begin in accordance with County policy. If the job offer is not approved by BOCC or declined by the applicant, a review of the job description will occur and a subsequent reposting of the job will be done. In the meantime, we are continuing to rely on 911 leadership to oversee administrative aspects of the technical division, -and ADCOMM for technical oversight and direction. 5. Amount spent to date and budgeted for work on technical assistance from ADCOM Since FY 2016, $489,109 has been paid to ADCOMM Engineering. This includes work on both the radio project and the CAD project. A portion of those expenses were paid to ADCOMM as pass thru to DeltaWRX. Since January of 2018, ADCOMM Engineering has been paid $68,018, for both Overturf site engineering and technical consulting associated with diagnosis of and response to the radio system problems. A more detailed breakdown of ADCOMM expenses will be available at the 6-4-18 work session. A new contract with ADCOMM will be discussed with the BOCC at the 6-4-18 work session, and consideration of formal approval is scheduled for the 6-6-18 business meeting. The covered work will include continuing technical advive on the radio system, and a separate component for the Overturf permanent site. 6. Other On Wednesday 5/23, during Overturf pre -testing, new radio performance issues were experienced by Bend PD and 911 technical staff, including missed transmissions and sound quality. These issues were outside of the "normal' issues that have been seen over the last several months. It is believed that a coding issue associated with Overturf is causing the problem. A fix is being prepared. As a result, go -live has been delayed until after the busy holiday weekend. The attached email string provides the details. We will update the BOCC as new information becomes available. Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 4, 2018 DATE: May 29, 2018 FROM: Ed Keith, Natural Resources - Forestry, 541-322-7117 TITLE OF AGENDA ITEM: Forester Update - Smoke Management Rule Revision ATTENDANCE: Ed Keith SUMMARY: Over the past year the Oregon Department of Forestry and Department of Environmental Quality have led a process to review Oregon's Smoke Management plan that sets the policy for forestland burning in Oregon related to air quality. Draft rules are being proposed for approval by the Board of Forestry and Enviornmental Quality Commission this fall following public hearings which are to be held over the summer. A summary of the draft rules will be presented. < a0 LLAB0RA.LIVE FOREST PROJECT Unintended Consequences of DEQ/ODF Proposed Smoke Management Rules • The science is clear that we can no longer delay the inevitable. The fire -prone dry forests of southwest, central, and eastern Oregon will burn sooner or later. Our choice is when and how they will burn: in a controlled way during carefully planned and implemented prescribed fire or during out -of -control wildfires. The science on fuel treatment effectiveness is clear: thinning followed by prescribed fire has been shown to significantly reduce future wildfire severity, even under extreme fire weather conditions. • Reducing wildfire severity reduces the amount of material burned per acre, which has been linked to the higher concentrations of a wider range of pollutants found in wildfire smoke than prescribed fire smoke. Wildfire poses a far more significant risk to our forests, communities, and firefighters than prescribed fire. o Asa result of the 2017 wildfires and smoke in Oregon, iconic events such as the Sisters Folk Festival, Cycle Oregon, and the Oregon Shakespeare Festival were cancelled, and untold small businesses lost weeks of their critical summer tourist revenue. o In 2017, the Northern California wildfires killed 44 people and hospitalized another 185. Over 8,000 structures were destroyed. The cities of Bend, Sisters, La Pine and countless others across southwest, central, and eastern Oregon are no better situated, with thousands of houses at risk in the wildland urban interface. o For example, since 2002, over 50% of the Sisters Ranger District of the Deschutes National Forest has burned, causing a loss of timber and recreational resources, forcing the evacuation of more than 6,000 homes, and burning 20 homes. data t:_ a 999 Ann firefighters have been killed directly by Wildfire. but O Since Data was Inst collected in iSt�i, over -r V .i�ciI _11 only 3 fatalities have been linked to prescribed fire. • For these reasons, the Deschutes Collaborative and other collaborative groups across southwest, central, and eastern Oregon agreed upon four key recommendations sent to ODF and DEQ that would enable increased use of prescribed fire while also increasing proactive public health messaging and mitigation: 1. Incorporate language reflecting differences between dry and wet forests and their respective fire regimes. 2. Align Oregon's smoke management rules with EPA's empirically -based 24-hour air quality standard. 3. Provide maximum flexibility to implement prescribed fire in prioritized high-risk/high-value treatment areas, such as the Wildland Urban Interface. 4. Develop and implement a public health strategy to protect people from short -duration prescribed fire smoke. Over 30 organizations and individuals from around Oregon sent letters urging DEQ and ODF to incorporate these recommendations into the new rules to allow for increased use of prescribed fire, including: Eastern Oregon Counties Association U.S. Forest Service Region 6 Deschutes County Board of Commissioners Ochoco Lumber Company Lake County Board of Commissioners Collins Pine Co. Klamath County Board of Commissioners Lomakatsi Restoration Project Deschutes County Public Health Advisory Board Brooks Resources Corporation Harney County Restoration Collaborative The Tree Farm LLC Deschutes Collaborative Forest Project Jim Neal Southern Oregon Forest Restoration Collaborative Oregon Wild Lake County Resources Initiative Sierra Club Ochoco Forest Restoration Collaborative Upper Deschutes River Coalition Oregon State University College of Forestry City of Bend City of Redmond City of Sisters Bend Chamber of Commerce Sisters Area Chamber of Commerce The Nature Conservancy Deschutes Co. Rural Fire Protection District #2 Black Butte Ranch Rural Fire Protection District Sisters -Camp Sherman Rural Fire Protection District The Confederated Tribes of Warm Springs Central Oregon Visitors Association Visit Bend Central Oregon Trail Alliance The current DEQ/ODF proposal in front of EQC and BOF only partially addresses these recommendations. In fact, the proposed 1 -hour threshold works in direct opposition to the recommendations to align with the EPA's 24-hour air quality standard and to provide maximum flexibility in the Wildland Urban Interface, where wildfire risk to forests, communities, and firefighters is greatest. This is a direct contradiction to local, regional, and national goals and strategies, such as Community Wildfire Protection Plans, the Collaborative Forest Landscape Restoration Act, and the National Wildland Fire Cohesive Strategy. • At first glance the DEQ/ODF proposal reduces the overall number of events considered to be intrusions. For example, Bend had 22 events characterized as intrusions (9 light, 4 moderate, 9 heavy) between 2011-2017. Analysis of hourly air quality data during this period indicates that had the proposed rules been in place, only —60% of those, or 9 events, would be considered intrusions. • The problem with such a cursory synopsis lies in the details of the 9 remaining events. Analysis of the 2011- 2017 hourly air quality and intrusion data for Bend show that: 0 8 of the 9 intrusions resulted from underburning to achieve wildfire risk reduction, community and firefighter safety, and forest restoration goals (the 9th burn was fall pile burning). 0 6 of the 8 (or 75%) were underburns located within 10 miles of the Bend SSRA. 0 2 of the 8 underburning events in Bend exceeded the 24-hour EPA air quality standard. o Yet all 8 events exceeded the 1 -hour threshold proposed by DEQ/ODF. o All 8 underburning events had their highest 1 -hour smoke concentrations from midnight to 6:00am (average time was 2:15am), meaning intrusions into Bend are occurring overnight or early morning when most people are indoors and not active. o In other words, the proposed rules most severely limit prescribed fire in the highest priority location — the wildland urban interface — and our ability to meet forest health, community safety, and firefighter safety goals. The 1 -hour threshold will severely curtail our highest priority prescribed fire and DEQ/ODF did not provide a valid, scientific rationale for its use to define intrusions. In fact, as of 2016 the Environmental Protection Agency stopped using a sub -24-hour standard, stating that "It is not valid to use shorter -term (e.g. hourly) data to calculate an Air Quality Index value." • Between 2011 and 2017 there were 627 days that exceeded the 1 -hour threshold for air quality across the State. Only 12 days (<2%) were the result of prescribed fire smoke. The other 615 days were caused primarily by wildfire, woodstove smoke and winter inversions. Over -regulation of prescribed fire is not the way to fix the particulate problem in Oregon. Alternative Proposal: • Maintain the proposed 24-hour threshold and eliminate the 1 -hour threshold as a metric to define intrusions in the Smoke Management Rules • Or, provide an exception to the 1 -hour threshold in communities where effective and proactive prescribed fire and smoke communication and mitigation strategies are in place. , f DESCHUTESCOLLABORATIVEFOREST.ORG -- m E tto E 52.11 j X2, S2.l1 j 4sl n i N E U Q U V) n a --I N Q ci T r- 71 w c h ci Q Q r- 71 U L ccu G P- l� cuT L L tOD d" 0 O 0 00 O tD t NN ELU/%i S -Z Wd m 2.71 j .12E E own' O Ln 14 I N, � n a O °p L � U crU s® oo W LnN Ln m C o y (D3ae3S uo ® m � a t in L Ncu 0 u c OJ E N !O E \ho i Ln m � N b mM c0 L cO G n i N E U Q U V) n a --I N Q ci T r- 71 w c h ci Q Q r- 71 U L ccu G P- l� cuT L L tOD d" 0 O 0 00 O tD t NN ELU/%i S -Z Wd =nd SS,RA (miles) N W W > A '... :ln Ln Distance to U7 O ' D 0 9 61 y N W F+ W f5 y N r, N W 01 n s ( N N � N 00 n H W .. W � =nd SS,RA (miles) N W W > A '... :ln Ln lP A 61 y W f5 V 5 n N V f 3 Ln v, 0 3 -------------------------------------- Whitewater Fire ■ �o - - - - - - - - - - - - - -_ - Milli & Nash Firer - - - - _ _ s Ni&h Cascades Complex Fires (o N v 3 C N � C N � Ln O N C) 3 --------- ---- ---- -- - - - - --PrescribedFireSeasonStart < —h a w M CL N > Lnr ®o 3 04 V n CU 0 ■ ---- ---- --------- -- - - - - -- - - -Prescribed Fire Season End C :3 r+ _ m v � v 2 - Ln v, 0 3 -------------------------------------- Whitewater Fire ■ �o - - - - - - - - - - - - - -_ - Milli & Nash Firer - - - - _ _ s Ni&h Cascades Complex Fires (o v 3 s � N V1 Ln v C) 3 3 s Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 4, 2018 DATE: May 30, 2018 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: Central Oregon Canal Nomination to the National Register of Historic Places SUMMARY: The Board has an opportunity to participate in the comment process of a local nomination to the National Register of Historic Places. During a work session on May 21, the Board directed staff to schedule a follow up meeting to discuss the specifics of a potential letter to the state. The County needs to submit comments to the state prior to June 22. MEMORANDUM DATE: May 30, 2018 TO: Board of County Commissioners FROM: Zechariah Heck, Associate Planner COMMUNITY DEVELOPMENT RE: Nomination of the Central Oregon Canal to the National Register of Historic Places I. OVERVIEW A nomination to list a segment of the Central Oregon Canal as a historic district on the National Register of Historic Places has been submitted to the Oregon State Historic Preservation Office (SHPO). As shown on the attached vicinity map (Attachment 1), the proposed district is located southeast of the city of Bend and generally bound by Ward Road to the west and Gosney Road to the east. The Historic Landmarks Commission (HLC) has held five public meetings to review the nomination and receive public comments. The nomination received unanimous support from the HLC. However, several concerns were mentioned in the supporting narrative. On May 29, the HLC finalized their comments and directed staff to submit the completed National Register Nomination Evaluation Sheet with attached narratives from each commissioner (Attachment 2). The Board of County Commissioners (Board) conducted a work session on May 21 to determine if comments in addition to those provided by the HLC were appropriate. The Board directed staff to schedule a follow-up work session to continue to discuss how to comment on the nomination. 11. NEXT STEPS The National Register Nomination Evaluation Sheet and any additional comments must be submitted in advance of the State Advisory Committee on Historic Preservation (SACHP) meeting on June 22. The SACHP will make a recommendation to the State Historic Preservation Officer to approve or deny the document, or choose to table the issue for a future meeting, after their meeting on June 22. If recommended for approval or denial, the document will be held by SHPO for a 90 -day comment period. The State Historic Preservation Officer will then make a recommendation to the National Park Service (NPS), the federal agency responsible for the administration of the National Register of Historic Places. The NPS will review the document for 45 calendar days. The Board has discretion on whether to comment on the nomination or not. If the Board decides to comment, there is latitude on how to comment. For example, the Board may hold a public meeting to receive further comments, or simply write a letter to the state regarding to nomination. Attachments: 1. Vicinity Map 2. Comments from the HLC to the State Attachment 1 Proposed Central Oregon Canal Historic District Vicinity Map �` ��:✓� � �q ;F4 " .a '` 3z ; x � L a uw'- � .�:. e'Wc} <.0 _ c' �� .� �« '":'ec,• �.`�� ' Nei § �a ��7. %N ��•� .," �:ih� �^ � � :. "5y� C i`i�-'� �� S ^� r -r � v/ �� A�� H � t - .� -k � . a : �"ti k 'i �aa ,. Y� *� � yz3 4. lc -�' �5� e� c e.. /�^"�, '`c �fi 4. ��R�• FF�� \ F 't � ax W'Y� � \ � `4c �`t"�S�y' �q+�F��*�na� r��.�,'k.Fnf� �:✓N`�- �� 1 Fi'_ S' .�.S .i3`(Wav? ,h�S .� ya .� '9r: f � v� �`�$kFi 'F., ::- `„� �� y,�4 `w^^,��✓ ��3 V �.,*F/='.y 4' .- 4 l '�:� %+ � �. .; P' �� " � ( .',�.;��,� l �8:''':'`f.��.� � Yt �� '�u Y k� �#� `R� �\n2 �'it � � ^h R �r�'i�`€ '• .i�1�t�� 527 ��W , 'y.,, & r Y 38��.G,`n� `�"`5 T c. 4."4yd`�� c�"�'� ,. vu's R `�. ��, Cr `� ' ✓n i�.�.. � ' ' (i Zt aD � �N �� '"r `+. W` ; F'° -'Z ��a'M" _ \rY .t '{ �`"T � "��4 5... Ei3.• s� .`S. � '') .� "2"�`��R�uE�S' g "�'s"�,,,>>� ��""�s'•.�.. ��?�� C45?i2�`��h� 3a� i_?'� F �� l � r 't. �:'�:S �4�� r'.. .. _:i. s'y,�� •w �T�'� "��"4U �' ,t�t��a '£'`'�'}� F�-`:.T-yF*' -� !`"R y, x� f �.i. b �` � . f -:. .�Z Y � �i.. � alb vi•�� 'n. "�: "'�� k �, i. yd2; �� < d°S- k�2i) �, 1T sv fZ.-'}"%. ��ti� ) � J, .._ .y,, � � �C�'o`� �` ,f�1fi ry �� , , � •?Y€ 'TeG � � �' vl y� Y. - ' '.s J -_' .y.a ��2r2,�"4 �y��cS '6 �,u. 'k2� } l 5�:3 7 -�'��'� S' ai y`e"` `u.t 2 ✓ -^.; `ask ?,� 1 { i� JR ,` z ? .`� '. �dy � ':'.. .s f � � )� �� "� �y` ,'. t `_.t ai✓K'�v�`�i"�i5 r��qi Ci�y�"v' �� ; �*` 4'� �� .. � G /\ Z"y�{��a3 1..�� .rx��,Y £�\ �r y �a��`��jS�uY'2"-0 .a:'q iYJ Ru„ "y�'' \ ��r. G' ? �• '. �."' t h` �r'zA-'a'. � �� '�:5 3 �Z Z`nt" �� 2�.,! �.. �T. .." SF F �� l 'CC v�+a` £✓ � P 4��'�y'N'F� ,� ,,�, IN f �'- L Y.Gi• x t C Sir,' ri GeoEye' t to De§eG0-b �e E DRgitaGlobe, `Geogra i��c CSS/A�rk� D6�SDA USG,S,AeroGRID IGNd u9„ 7- `� n DATE: May 29, 2018 Attachment 2 MEMORANDUM TO: State Advisory Committee on Historic Preservation FROM: Deschutes County Historic Landmarks Commission Zechariah Heck, Associate Planner I vp v Ly, spy I`R r p.j r Ido l..U)W� I i VYI.R RE: Central Oregon Canal Nomination to the National Register of Historic Places The State Historic Preservation Office (SHPO) asked the Deschutes County Historic Landmarks Commission (HLC) to review a nomination of a section of the Central Oregon Canal to the National Register of Historic Places. The proposed district is located east of the city of Bend and generally bound by Ward Road to the west and Gosney Road to the east. The HLC held several public meetings to receive public comments, review the nomination and complete the National Register Nomination Evaluation Sheet. On May 14, 2018, the HLC voted unanimously in support of listing the nomination on the National Register of Historic Places. A recording of the May 14 HLC meeting is available here: http://deschutescountyor.igm2.com/Citizens/Default.aspx. Attached to this memorandum is the completed evaluation sheet as well as supporting narratives from several members of the HLC. Furthermore, the following text summarizes the comments provided by the HLC on each review criterion on the National Degi5ter Nomination Evaluation Sheet, it is important to note that while concerns were raised in most categories below, the HLC voted unanimously or with one dissenting vote that each criterion had been met, demonstrating that the evidence to support nominating this segment of the canal outweighed the concerns. Integrity: All commissioners voted "okay" for this criterion. There were concerns about material alterations affecting the historical integrity of the Central Oregon Canal. Nonetheless, while the nomination recognizes canal alterations, its historical integrity remains intact. There was no clear evidence contrary to the nomination that raised concerns of the canal's integrity. The spreadsheet included within the nomination was helpful in understanding its historical integrity. Description: All commissioners voted "okay" for this criterion. There was a concern about references to the Pilot Butte Canal and why it was included in the nomination. Nonetheless, the graphics and referenced documents provided in the nomination adequately describe the Central Oregon Canal's history and reasons it should be listed in the National Register. Significance and Context: Three of four commissioners voted "okay" for this criterion; one voted for "concerns". Sufficient information regarding the historical significance and context of the Central Oregon Canal is provided in the nomination. For example, historic stories of the canal and how it help settle Central Oregon are noted. Further, there are many books available that provide stories speaking to the significant role the canal played in settlement of the area. Overall, the nomination provides a snapshot in time that adequately provides a context of the history of the canal and why it is historically significant. A concern raised regarding the nomination is that it only lists the Ward Road to Gosney Road section of the Central Oregon Canal, instead of the entire canal. Also, the nomination does not identify a clear period of significance; there are references to many periods which leads to confusion. The Multiple Property 11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 QS (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd Document (MPD) provided by the Central Oregon Irrigation District clearly states a period of significance for the entire canal. However, the MPD ignores some of the contributing factors contained within the Ward Road to Gosney Road section. Statements within the nomination that irrigation canals alone led to settlement in Bend also raised concerns. There is more to the settlement history of Bend and Central Oregon than just the irrigation canals. Facts and Sources: Three of four commissioners voted "okay" for this criterion; one voted for "concerns". A majority of the commission stated the nomination contains sufficient facts and sources that support listing of the Central Oregon Canal. However, some contributing factors are not clearly defined. For example, dating of equipment should be verifiable, but the preparer of the nomination did not indicate the process in determining conclusions on contributing factors. There was also confusion about the engineer of the Central Oregon Canal; the nomination does not clearly indicate who the actual engineer was. Lastly, the nomination contains many typographical errors that should be remedied. Supporting Materials: All commissioners voted "okay" for this criterion. One commissioner expressed the nomination could benefit from additional historic photographs. General Comments: Several commissioners expressed concerns about the conflict between historic preservation and community needs like upgrading utilities for efficiency and environmental protection. The HLC indicated the Central Oregon Canal is worthy of preservation, but stated they understood that listing in the National Register creates a management burden. One commissioner encouraged all of the parties involved to come up with a creative solution that would preserve the canal while addressing continual management responsibilities. Another commissioner stated that contrary to Central Oregon Irrigation District's expressed determination and need for efficient management of the canal, there is clearly public support for preserving, rather than piping the canal. Commissioners also commented on a desire for public access to the historic district. It is important to integrate community access with historic preservation for learning and educational experiences. Public access should be subject to applicable right-of-way regulations. Attachments: 1. Completed National Register Nomination Evaluation Sheet 2. Comments from Commissioner Rachel Stemach 3. Comments from Commissioner Bill Olsen 4. Comments from Commissioner Sharon Leighty 5. Comments from Commissioner Dennis Schmidling CC: Board of County Commissioners Tom Anderson, Deschutes County Administrator Ian Johnson, Associate Deputy State Historic Preservation Office 2 NATIONAL REGISTER NOMINATION EVALUATION SHEET Certified Local Governments/ Historic Landmark Commissions The following property is being nominated to the National Register of Historic Places and will be reviewed by the State Advisory Committee on Historic Preservation (SACHP) at its meeting on 6(2212018. PROPERTY NAME: CENTRAL OREGON CANAL HISTORIC DISTRICT {WARD ROAD - GOS ADDRESS: BEND, DESCHUTES COUNTY X OK Concerns INTEGRITY: Major alterations or additions? New materials? Altered setting? Moved? etc. X DESCRIPTION' Is the property adequately described? Have contributing and non-contributing OK Concerns features been clearly identified? X SIGNIFICANCE Has the appropriate criterion been used? Has it been justified? Is the context mOK Concerns and CONTEXT: sufficlent in breadth and depth to support the claims of significance? X FACTS AND Are the appropriate and best sources used? Are key dates and facts OK Concerns SOURCES: accurate? X SUPPORTING Adequate photos, maps, drawings, etc.? — . _. ol< Concerns MATERIALS: X The Commission recommends that the property or properties appear to meet the National Register criteria and should be listed in the National Register. The Commission recommends that the property or properties do riot appear to meet the National Register criteria and should not be listed In the National Register. Return to: Oregon Slate Historic Preservation Office ATTN: National Register Coordinator z.qW 725 Summer Street, N.E., Suite C Signature of Commission Chair (or Designee) Date Salem, OR 97301 Name of Local Historic Preservation Commission Hello, Please see my summarized comments to the five nomination review categories below that the Historic Landmarks Commission followed on the May 14th meeting: Integrity: Vote "OK". Most of the same data is included in the second nomination, but it is still confusing on what is truly 'contributing', due to differing information (from the proposer, COID, and residents). However, as a whole, the Integrity is apparent, and as a non -expert in canal operations, I cannot make that determination of individual components. Description: Vote "OK". There are sections of the canal (and other canal districts), besides the nominated portion, that don't need to be described in so much detail - it detracts somewhat from the segment being nominated. Perhaps the excessive descriptions are there to show as a comparison to the nominated segment? The updated boundary descriptions, taxlot/owner lists, and clarified maps/ visuals have greatly increased the understanding of the segment being nominated. Significance & Context: Vote "OK". There is a lot of emphasis on the claims that irrigation is what created the initial growth of Bend and Redmond, but this nominated portion of the canal was not near the city centers. The railroads (beginning in about 1911) and lumber mills (in about 1914-15) seem to be downplayed as major contributors to the growth and development of the area. Facts & Sources: Vote "Concerns". Multiple engineers are listed on the "#8 Statement of Significance" sheet (page 44), and it seems that Redfield is the primary Engineer of this segment of the Central Oregon Canal. There are several typographical errors to correct or investigate: Pg. 25, second paragraph - confirm spelling of Norman Weyand to be "Wygand". Pg. 51, footnote - number "125" should be 113. Pg. 58, under "Charles Redfield" paragraph, verify correct spelling of Moro, Oregon. Pg. 71, historic photograph - where along the canal is this flume? Within the historic district? Clarify. Pg. 97, last paragraph - change "setter" to settler, after "Benjamin F. Zell. Pg. 104, first paragraph under "Subsequent Owners T1 8S, R13 E, Section 8", Wyand is probably spelled "Wygand". Pg. 107, first paragraph under "Tumalo Irrigation District" Wilmer Flat should be "Weimer". Also, the name Olaf Laurfaard should be spelled "Laurgaard". Pg. 107, footnote - number 397397 - looks like the number was doubled. Supporting Materials: Vote "OK". Would like to see more images, if any exist from the mentioned 1904 D.I.P Company Booklet and the Redmond NOW publication. Pat Kliewer was interested in the typos that I found, so she will definitely want to see the list under "Facts & Sources". I have not send her anything directly regarding this. Let me know if you need any clarification of my comments. Also, moving forward with this Nomination review, if there is any way the County staff can reduce the time with the HLC Commission to finalize this for SHPO/SACHP, it would be greatly appreciated. I've estimated at least 40 hours of my personal time into this (including the first and second round of nomination reviews, emails and various correspondence and side research, Commission work sessions, site visits, etc.). Inevitably, this time dedication to the Nomination has created negative impacts with my professional obligations. I simply cannot afford to carve out much more time for this review, unfortunately. Let me know if there is a way to limit additional HLC Commission time on this. -Rachel Stemach May 7, 2018 TO: Deschutes County Planning Dept (Landmarks Commission), staff FROM: Bill Olsen, Deschutes County Landmarks commission Board Member RE: (Central Oregon Canal Historic District Ward Road —Gosney Road) Regarding this referenced property nomination to the National Register of Historic Places, the action of the Board, 10/2/2017 public meeting, was not to take action in support for or against this request, but rather submit our collective concerns and County Staff would submit our remarks to the State Advisory Committee on Historic Preservation (SACHP) at its meeting on 10/20/2017. Subsequent action resulted and resubmittal of the same was set for this date. Our Board, established at the pleasure of the Deschutes County Board of Commissioners, to make representations on behalf of said commissioners and staff relating to DESCHUTES COUNTY LANDMARKS and HISTORIC SITE SELECTION and to "safeguard historic sites". Subject site was constructed between 1902 and 1923, this irrigation canal structure allowed for homesteads and productive land development. Irrigation canals and access to water allowed farming, crop production, which supported animal production in the region, which in turn provided commerce within the developing Deschutes County area. Most Historians believe, in part, the cause for the development of Deschutes County was the creation of this unique and historic water delivery system. Crook County area had water with a natural water delivery system, to an extent, and the area which became Deschutes County had limited water and no delivery system. The Carey Act of 1902 changed all, because it allowed Irrigation projects for the benefit of the homesteaders opened the entire Central Oregon Region to Homesteaders. One needs to merely read some of the many historic accounts from our early settlers and historians to understand and realize the importance of these many historic sites, and structures which makes Deschutes County what it is today: THE OREGON DESERT, EAST OF THE CASCADES, DESERT SAGE MEMORIES, THE RIVER FLOWS AS THE MOUNTAINS WATCH, THE PIONEER SPIRITS OF BEND, AND IT IS TOO COLD TO SNOW to name a few local publications. Therefore, for the Record: I vote "OK" on Integrity: this portion of the Hca al, I believe, is historic with regard to construction, materials, design and location, based documented and recorded history t�. I vote "OK" on Description: in reviewing the referenced documents the property is adequately described with contributing and non-contributing features clearly identified and supported with described documented history I vote "OK" on Significance: Again, one needs to merely reference the above books and memories written by Central Oregon Homesteaders, Settlers and Historians who described their lives, living, raising families, working and surviving in Deschutes County I vote "OK" on Facts and Sources: the data presented appears clearly stated, believable and supported with historic photographs and referenced materials from this early homestead period supported by the above referenced historic accounts, published books and litature May 5, 2018 TO: Advisory Committee on Historic Preservation and Deschutes County Commissioners FROM: Bill Olsen (Deschutes County Histoic Landmarks Commission) RE: Nomination of the proposed Central Oregon Historic District (COIR) to the National Register fo Historic Places This COID section is an existing Hisoric community resource that has been in continual use by the citizens of District County for more than one -hundred (100) years. Our task today is the consideration of our support of the subject Nomination to th National Register of Historic Place. Based on public sentiment, there appears a preponderance of evidence of commnity support of this National Register Nonimation. It appears this portion of the COID canal system was constructed between 1902 and 1923 (excerpts from Phil Brogan's EAST OF THE CASCADES), as a result of the Carey Act of 1902. This particular portion is representive of an approximate 700 miles of irrigation canals throughout the Deschutes County portion of the high desert, flowing east. It suggests this particular portion began flowing in May 19041 and utilized as a "public" irrigation delivery system for the benefit of Deschutes County Homesteaders and residence to date. "with water on its way in 1904, teams were used in plowing lands about as fast as brush and trees could be removed and news of the development spread fast." We support the vitality of this community utility system and recognize how important this system was and is today, connecting our downtown core area with all the surrounding developed areas. Representing the interests of many individuals and several segments of Bend's citizenry, influenced by having grown up in Bend, I support historic preservation and land conservation. I am a volunteer member of this Board and the City of Bend Landmarks Commission, Pioneers Association and the Deschutes County Historical Society. All four of these organizations, collectively, are concerned with Historic Preservation and Conversation of Deschutes County's special places such as the Drake Park Neighborhood Historic District, the Old Town Historic District, Troy Field, Mirror Pond, Pioneer Park and river trail system, Pilot Butte State Park and many other identifiable Historic and Community resources and native sites that contribute to our local Pioneer History and the quality of life we all cherish and must preserve. Contrary to the COID express determiniation and need, their is concern and acknowledgement for public sentiment and Historic Preservation for this particular portion of the canal system. Clearly, as this aproximate 2.5 mile section presently exists, by a prepondance of public support, it appears to be of more value to the community as it exists, in comparison to the proposed closure, by piping, this same 2.5 miles section. Therefore, like many of the supporting citizens who took the time to write and email their support of preserving this Historic site, I believe the public outcry against the demolition of this particular canal section is heartfelt and sincerely meaningful. Historic Preservation is important to all, it is the basis for who we are as a community and our local hertiage. 1 F NATIONAL REGISTER NOMINATION EVALUATION SHEET Certified Local Governments / Historic Landmark Commissions The following property is being nominated to the National Register of Historic Places and will be reviewed by the State Advisory Committee on Historic Preservation (SACHP) at its meeting on 6/2212018- PROPERTY /2212018. PROPERTY NAME: CENTRAL OREGON CANAL HISTORIC DISTRICT {WARD ROAD - GOS ADDRESS: BEND, DESCHUTES COUNTY X INTEGRITY: Major alterations or additions? New materials? Altered setting? Moved? etc. OK Concerns The only question is whether the alterations to the canal have significantly altered the original character. This is subjective. X DESCRIPTION` Is the property adequately described? Have contributing and non-contributing OK Concerns features been clearly identified? All the questions or missing information in the original application have been corrected. X SIGNIFICANCE Has the appropriate criterion been used? Has it been justified? Is the context OK Concerns and CONTEXT: sufficient in breadth and depth to support the claims of significance? Criterion A - The canal tells an important part of Central Oregon's history. The question is whether this is the only section of the canal that tells this history or if if the canal historical story should be preserved in a different way. Criterion D - The reamining elements of the original canal tell an important pW.&r W torr. X re the appropriate and best sources used? Are key dates and facts OK Concerns SOURCES: accurate? The nomination presents the appropriate and best sources to support this nomination. The facts and sources seem accurate as pesented. X SUPPORTING Adequate photos, maps, drawings, etc.? OK Concerns MATERIALS: Excellent supporting material on the revised applicatoin. X The Commission recommends that the property or properties appear to meet the National Register criteria and should be listed in the National Register. The Commission recommends that the property or properties do not appear to meet the National Register criteria and should not be listed in the National Register. �� '� 5/7/18 Return to: Oregon State Historic Preservation Office ATTN: National Register Coordinator 725 Summer Street, N.[., Suite C Signature of Commission Chair (or (designee) Date Salem, OR 97301 Sharon Leighty, Deschutes Landmarks Commission, Vice Chair Name of Local Historic Preservation Commission IPacket Pg. 7 May 18, 2018 To: Deschutes County Commissioners, the State Historic Preservation Office, and all who may advise on this National Register application From: Dennis Schmidling — Deschutes County Historic Landmarks Commissioner In my view, the resubmittal of this application for National Register of Historic Places recognition of the Central Oregon Canal Historic District (Ward Road to Gosney Road) in Deschutes County, Oregon, meets the five requirements for acceptance. The application establishes an historic context, demonstrates sufficient integrity, offers clear and progressive documentation of contributing and non-contributing features against an historic timeline, identifies and defends a period of significance that is historically accurate, provides correlated factual data to support the contextual premise of the application and offers sufficient supporting materials to merit approval of this application. Summarizing my review of several hundred pages of documents related, or in opposition, to this application, including the MPD submitted on behalf of COID, I conclude that the application has successfully established and supported a context and detail sufficient for acceptance. I was unable to find clearly documented evidence that would accurately refute the claims made by the application. Although it is clear that time has imposed a range of changes and modifications to the original condition of the canal Its essential into Iii chcllacter, engineering, technical g g -I y, g._ g, function and community use have endured with continuity for more than one hundred years. The sentiments expressed by the public, clearly support a multi -generational use, appreciation and affection for the function and historical value of this canal segment. As such, my vote is "OK" to all five conditions for acceptance of this application. My personal hope is for a collaborative and creative solution, worked through in a positive manner by all property owners, concerned citizens, participating agencies, corporations and governing bodies to preserve the historical value and context of this canal segment while meeting the needs and demands of modern conservation and mindful utilization of natural resources. Dennis Schmidling Deschutes County Historic Landmarks Commissioner DATE: Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 4, 2018 FROM: Nathan Garibay, Sheriff's Office, TITLE OF AGENDA ITEM: Consideration of County Administrator Signature of Document No. 2018-244, Memorandum of Understanding with Brothers -Hampton Rangeland Fire Protection Association RANGELAND FIRE PROTECTION ASSOCIATIONS: AN ALTERNATIVE MODEL FOR WILDFIRE RESPONSE EMILYJANE DAVIS, JESSE ABRAMS, KATHERINE WOLLSTEIN, JAMES E. MEACHAM, ALETHEA STEINGISSER, AND LEE K. CERVENY Wildfires are growing in size, frequency, and severity across rangelands in the U.S. West. Although Mire is a natural component of sagebrush steppe ecosystems, it can also threaten values such as G i' esy- sage -grouse habitat, forage for grazing, and residential and commercial structures and encour- age invasive plant establishment. Wildfire suppression responsibilities have historically been divided among resident ranchers, some rural fire districts, and government agencies. But wildfire, and interest in managing it, crosses ownership boundaries. Since the 1990s, numerous Rangeland Fire Protection Associations (RFPAs) have emerged in Oregon and Idaho, and a recent law authorizes RFPAs in Nevada as well. RFPAs organize and authorize rancher par- ticipation in fire suppression alongside government agency firefighters, typically from the Bureau of Land Management (BLM). These all -volunteer crews of ranchers have training and legal authority to respond to fires on private and state lands in landscapes where there had been no existing fire protection, and can become authorized to respond on federal lands as well. There has been growing policy interest in better understanding the RFPA model. Approach Our study analyzed RFPA establishment, function- ing, successes, and challenges through four case studies of individual RFPAs and their respective state programs in Oregon and Idaho during 2015- 2016. Findings • Ranchers' advantages for fire response are put into practice through the RPFA model. These include in-depth local knowledge, their own resources and equipment, spatial distribution across large landscapes, and strong motivation to protect their and their neighbors' properties from fire. They can respond quickly, keeping fires small and preventing the impacts of larger events. RFPA-BLM relationships were challenged by histories of conflict, differences between state and federal standards (in Oregon), cultural dif- ferences between ranching communities and formal firefighting institutions, and specific negative incidents or experiences. RFPA-BLM relationships were improved by experience and time spent together on and off the fireline, which built common understand- ings and allowed for informal and interper- sonal interactions. RFPA members increased their understanding of federal fire management decisions, and BLM personnel developed re- spect for RFPA members' local knowledge and skills. iUNIVERSITY OF .... Oregon State 0� Universi OREGON tar ECOSYSTEM WORKFORCE PROGRAM BRIEFING PAPER NUMBER 78, FALL 2017 The RFPA model has focused on suppression, but many ranchers view fire management more holistically and the potential may exist for RFPA engagement in a wider range of activi- ties. One RFPA has participated in a fuel break project, and several others have participated in prescribed burns on private and state lands. • Establishment of research on avoided costs and other benefits of RFPAs would help better quan- tify their advantages and inform policy. Lrnpliiicatiions for pracfice and pollity • Collaboration for wildfire response may be improved by: • Ride-alongs and working side-by-side during fire events; • Time spent together off the fireline during trainings, meetings, social events, and in the community; • Collective after -action review; • Local BLM staff liaisons when non -local incident management teams come in; • Transition memos and time allocated for new BLM staff to obtain institutional memo- ry and introductions to RFPAs. • RFPA program design should take into account: O Roles of state agencies relatlVe tU d-nd be- tween RFPAs and the BLM, which may include mediator, advocate for RFPA needs, guarantor of compliance with federal stan- dards, grantor, convener, pass-through, or program manager; • Importance of informal and interpersonal communications and relationships; • Provision of both equipment and training. The organizational capacity of RFPAs may be enhanced with: • Strong leadership from a chairperson, board, or other leader(s) willing to do organization- al and administrative work and set the tone for positive relationships within the RFPA and with the BLM; • Well -organized and maintained systems for functions such as bookkeeping, member training records, and tracking in-kind and volunteer contributions. • Other implications for working lands com- munities to increase their participation in fire preparation and response, and become more "fire -adapted" include: • Multiple issues must be addressed, includ- ing safety, liability, interfaces with agency and contractor fire personnel, and organiza- tional structures through which participation could be legally and operationally feasible. Learning and adaptation can help ease ten- sions between volunteer and professional institutions, even if volunteer partners may begin with relatively limited understandings of fire management. Experience, repeated interactions, and being given responsibil- ity may help local participants gain broader understanding of professional firefighting techniques, and in turn increase professional comfort with and regard for local knowledge and values. More informalUon To learn more about this research and findings, visit: https://tinyurl.com/RFPAstudy This research was funded by a grant from the Joint Fire Science Program (agreement #14-2-01-29). We thank the interviewees who took time to participate in this project. Photos by Emily Jane Davis. The University of Oregon is an equal -opportunity, affirmative -action institution committed to cultural diversity and compliance with the Americans with Disabilities Act. This publication will be made available in accessible formats upon request. 0 2017 University of Oregon. Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 4, 2018 DATE: May 22, 2018 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: Potential Marijuana Production Appeal, Order 2018-040,6829 NW 66Th Street ATTENDANCE: Nicole Mardell, Associate Planner. SUMMARY: On May 22, 2018, planning staff issued an approval to allow Cascade Estate Farms LLC to establish a marijuana production facility at 6829 NW 66th Street, Redmond. The decision becomes final on June 4, 2018 at 5 pm if not appealed. The Board will consider Order No. 2018-040 and decide if the Board will call up the matter for review if the decision is appealed. See the attached Findings & Decision for further background information. STAFF MEMO Date: May 23, 2018 To: Board of County Commissioners From: Nicole Mardell, Associate Planner Re: Administrative Decision (File No. 247 -18 -000047 -AD) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on June 4, 2018, at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File No. 247 -18 -000047 -AD) approving a marijuana production application. Application On January 17, 2018, an application was filed for an Administrative Determination (AD) to establish a marijuana production facility with a maximum mature canopy area of 5,000 square feet. The property is located at 6829 NW 66th Street, Redmond and is within the Exclusive Farm Use (EFU) Zone. The proposal includes the construction of a 50' x 100' (5,000 -square -foot) agricultural structure for the marijuana production use. II. Decision On March 9, 2018 the application was deemed complete after the applicant submitted additional information. The Planning Division issued an administrative decision without a public hearing for marijuana production on May 22, 2018, determining the applicant met the applicable criteria (Attachment 1). Notice of the decision was sent to neighboring property owners and those that provided comments. The decision becomes final if not appealed by 5:00 PM on June 4, 2018. Appeal Although no appeal has been filed yet, staff considers an appeal is likely based on public comments. IV. 150 -day Issuance of a Final Local Decision The 150 -day period for issuance of a final local decision is August 13, 2018. V. Board Options Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12th day following the mailing date of this decision falls on a Sunday, therefore, in accordance with DCC 22.08.070 an appeal must be filed no later than 5:00 PM on Monday, June 4, 2018. Attachment 2 is a Board Order (2018-040) to initiate a de novo review of this file, should a timely appeal be filed. Attachments: 1. Administrative Decision for File No. 247 -18 -000047 -AD 2. Board Order to Initiate Review 3. Site Plan Attachment 1: Administrative Decision Community Development Department Planning Division Building Safety Division Environmental Soils Division mow.. aw..3:, , �``w„�. _ . , • .: ., _ i ;; ,' P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97748-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd FINDINGS & DECISION FILE NUMBER: 247 -18 -000047 -AD APPLICANT: Brett Richwine, Cascade Estate Farms LLC 6829 NW 66th Street Redmond, OR 97756 OWNER: Isaac Babani 6829 NW 66th St Redmond, OR 97756 AGENT: Michael Hughes, Hughes Law and the Hughes Companies P.O. Box 7619 Bend, OR 97708 PROPOSAL: The applicant requests approval of an Administrative Determination to establish a marijuana production facility in the Exclusive Farm Use Zone with a maximum mature canopy area of 5,000 square feet. STAFF CONTACT: Nicole Mardell, Associate Planner APPLICABLE CRITERIA Title 18, Deschutes County Zoning Ordinance Chapter 18.16, Exclusive Farm Use Zone Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS A. LOCATION: The subject property has an assigned address of 6829 NW 66th Street, Redmond and is identified on Deschutes County Assessor's Map 14-12-23 as Tax Lot 300. B. LOT OF RECORD: The property was verified as a legal lot of record per file no. 247-17- 000979-1-R. Quality Services Perfc)rtned with Pride C. ZONING: The property is zoned Exclusive Farm Use — Terrebonne Subzone (EFU-TE) 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 with a maximum mature plant canopy area of 5,000 square feet. The applicant proposes to construct a 50' x 100' (5,000 -square -foot) agricultural structure for the marijuana production use. E. SITE DESCRIPTION: The subject property is 20.0 acres in size and rectangular in shape. The property gains access from NW 66th Street via a private driveway through a Bureau of Land Management parcel to the east of the subject property. There is a small irrigated field on the western portion of the site, with juniper trees and rock outcroppings throughout. The property contains a single family dwelling and several accessory structures. F. PUBLIC AGENCY COMMENTS: The Planning Division mailed a Notice of Application and received comments from the following agencies: Deschutes County Building Division: Notice: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review, 2. Deschutes County Transportation Planner: I have reviewed the transmittal materials for 247 -18 -000047 -AD for a marijuana production (growing) operation of 5,000 square feet of mature canopy in the Exclusive Farm Use (EFU) zone at 6829 NW 66th Place, aka 14-12-23, Tax Lot 300. Deschutes County Code (DCC) at 18.116.330(B)(8) only requires proof of legal direct access to the property or access from a private easement for a grow of more than 5, 000 square feet of mature canopy. The proposal is for 5, 000 square feet of mature canopy, so the access requirement does not apply. The traffic study requirements of DCC 18.116.310 are not applicable for this marijuana production operation as the application is not going through site plan review and thus does not need to show compliance with DCC 18.24.080(J), which references the County's traffic study requirements. Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The Board has made a policy decision in early 2017 to use the ITE Warehouse category for marijuana grow operations. The applicant's materials indicate one enclosed building of 5, 000 square feet (50'x 100) will be used. 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 5,000 -square -foot building 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 2 of 20 would produce 1.6 p.m. peak hour trips (5 x 0.32). The resulting SDC is $6,299 (1.6 x $3,937). The SDC is due prior to issuance of certificate of occupancy, if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. 3. Deschutes County Sheriff Our concern lies in the odor, sights, sounds and setback of the property in this type of request and how it affects the livability of our community members; in conjunction with the issue that marijuana is illegal on a federal level. In addition, we are finding the calls for service related to marijuana grow operations are increasing. 4. Central Electric Cooperative, Inc. CEC requests the applicant apply for a new electric service by calling Bob Fowler at 541-312-7778 and provide the electrical load and demand requirements for this activity. CEC will determine if capacity is available. 5. Redmond Fire & Rescue If there are questions regarding Fire Code issues, please contact the Redmond Fire and Rescue Deputy Fire Marshal at 541-504-5016 or email at clara.butler@redmondfireandrescue.org. Note: If processing occurs, the following fire codes will be required to be met. WATER Area without Fire Hydrants NFPA 1142 Requirements • If the structure is being built in an area without a public water supply system, then the water flow requirements will come from NFPA 1142. • Note: The following information will need to be provided in order to determine accurate water flow requirements. o Building height, length and width o Use of the building o Type of construction o Whether the structure 100 sq ft or larger and within 50 feet of any other structures Structures with Automatic Sprinkler systems — 2012 NFPA 1142 Chapter 7 • The authority having jurisdiction shall be permitted to waive the water supply required by this standard when a structure is protected by an automatic sprinkler system that fully meets the requirements of NFPA 13 Fire Safety during Construction — 2014 OFC 501.4 • Approved fire department access roads, required water supply, fire hydrants, and safety precautions shall be installed and serviceable prior to and during the time of construction. Fire Sprinkler Systems shall be installed per NFPA 13 • Separate permits will be required for the aboveground sprinkler system and the underground sprinkler supply line(s). 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 3 of 20 • If there are greater than 20 sprinkler heads, the system is required to have a fire alarm monitoring system. • 2014 OFC 903.3.7 Fire Department Connections: The location of fire department connections shall be approved by fire code official. The FDC/PIV shall not be under any combustible projections or overhangs. • NFPA 14 — 6.4.5.4 Fire department connections shall be located not more than 100 ft from the nearest fire hydrant connected to an approved water supply. • NOTE — If the Building is sprinklered, the sprinkler system will need to be designed to the specific use that will be occurring in the building. If the sprinkler system is not designed appropriately it will limit the types of businesses that can occupy the space. This also includes the height of storage in the building. In order to have high piled storage (greater than 12 ft), the sprinkler system shall be designed accordingly. ACCESS Premises Identification — 2014 OFC 505.1 • Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background and visible at night. Number/letter shall be a minimum of 4" high and a 0.5" stroke width. Fire Apparatus Access Roads — 2014 OFC Section 503 & Appendix D • Fire apparatus access roads shall extend to within 150 ft of all portions of the building as measured by an approved route around the exterior of the building. • Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. • Fire apparatus roads shall be designed and maintained to support the imposed loads of 70,000 lbs and shall be surfaced so as to provide all-weather driving capabilities. • The required turning radius of a fire apparatus access road shall be 30 feet inside and 50 feet outside. • The grade of the fire apparatus access roads shall be within the limits established by the fire code official (10%). Fire Lanes — 2014 OFC 503.3 & Appendix D • Approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Such signs or notices shall be kept in legible conditions at all times. The stroke shall be 1 inch with letters 6 inches high and read "No Parking Fire Lane". Spacing for signage shall be every 50 feet. o Recommended to also (in addition to Fire lane signs) paint fire lane curbs in bright red paint with white letters. • Appendix D Section 103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane signs posted on both sides of a fire lane. • Appendix D Section 103.6.2 Roads more than 26 Ft. Wide: Roads 26-32 ft wide shall have a Fire Lane signs posted on one side of the road as a fire lane. Aerial Access Roads — 2014 OFC Appendix D, Section 105 • Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads and capable of accommodating fire 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 4 of 20 department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadways. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, all access roads shall have an unobstructed width of not less than 26 feet and shall be positioned parallel to one entire side of the building. Dead -Ends — 2014 OFC Section 503.2.5 • Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Contact Redmond Fire & Rescue for requirements. • OFC Table D103.4 Dead Ends over 750 Feet- Require special approval. If approved, there shall be a turn -around no more than every 1000 feet with a bulb of 60 feet across and the width of the road shall be a minimum of 26 ft clear for fire apparatus. Additional Access — 2014 OFC Section 503.1.2 • The fire code official is authorize to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, conditions or terrain, climatic conditions or other factors that could limit access/ Emergency Access Road Gates — 2014 OFC Appendix D 103.5 • Minimum 20 feet wide. • Gates shall be swinging or sliding type. • Shall be able to be manually operated by one person. • Electric gates shall be equipped with a means of opening by emergency personnel & approved by fire official. • Locking devices shall be fire department Knox Key Switch purchased from A- 1 Lock, Safe Co., Curtis Safe & Lock, on line at www.knoxbox.com, or contact Redmond Fire & Rescue for an order form. • Section 503.3: Install a sign on the gate "No Parking -Fire Lane" Key Boxes — 2014 OFC Section 506.1 • An approved key box shall be installed on all structures equipped with a fire alarm system and /or sprinkler system. Approved key boxes can only be purchased at A-1 Lock Safe Co., Curtis Safe and Lock, on line at www.knoxbox.com, or contact Redmond Fire & Rescue for an order form. Commercial & Industrial Development — 2014 OFC Appendix D 104 • Buildings exceeding three stories or 30 feet in height shall have at least 2 means of fire apparatus access for each structure. • Where 2 access roads are required, they shall be placed not less than % the length of the overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. 6. Bureau of Land Management (BLM)— Prineville Office Upon recent review of the project area, BLM does have concern on a number of issues regarding the location of this proposal. A recent review of the land status near the property indicates that the property is accessed by travel across BLM lands (via what is indicated as 66th Street on the map). The portion of the road indicated as 66th Street that passes through public lands does not have a right -of - 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 5 of 20 way granted to Deschutes County for it to be a public road. Our records show that no legal access has been granted through public lands for the parcel in question. Our records also do not indicate that the applicant has applied for a right-of-way across public lands for commercial purposes. Access across public lands for commercial purposes requires a right-of-way grant issued by the BLM. The location of the project area abuts to Public Land. BLM recommends that the applicant have a boundary survey of the parcel conducted to ensure no unintentional future trespass onto public lands occurs. Additionally, the BLM has concerns over the use of pesticides and herbicides and chemical residue migration onto public lands. It is requested that if chemicals are used in the operation, that protocols are required to ensure that chemical residue is contained and does not migrate onto public lands. 7. The following agencies did not respond or had no comments: Deschutes County Assessor, Deschutes County Environmental Soils, Deschutes County Road Department, Oregon Water Resources Department. G. PUBLIC COMMENTS: The Planning Division mailed a written notice of these applications to property owners within 750 feet of the subject property on January 26, 2018. In addition, the applicant submitted a Land Use Action Sign Affidavit indicating a proposed land use action sign was posted on the property on January 24, 2018. Staff received several letters and a petition in opposition to the application. The concerns identified in those letters to date are summarized below. 1. Traffic 2. Crime and safety 3. Pesticide use 4. Decrease in property values 5. Overproduction of marijuana in Oregon 6. Rural residential character of the area 7. Recreational uses on BLM land near the property 8. Road access and maintenance 9. Water 10. Odor 11. Noise 12. Electricity use STAFF COMMENT: Applicable criteria of the DCC are addressed below. The Deschutes County Code (DCC) pertaining to marijuana production does not include approval criteria related to the issue areas listed in items 1-6 above. For this reason, staff does not address those issues in this decision. Items 7-12 are addressed in the findings below. H. REVIEW PERIOD: This application was submitted on January 17, 2018 and was deemed incomplete on February 16, 2018. The applicant submitted additional information and the application was deemed complete and accepted for review on March 9, 2018. The applicant tolled the clock for 7 days to gather additional information. The 150th and final day for the County to issue a final local land use decision is August 13, 2018. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 6 of 20 111. FINDINGS: Title 18 DESCHUTES COUNTY CODE, COUNTY ZONING A. CHAPTER 18.16. EXCLUSIVE FARM ZONE Section 18.16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright. S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The applicant is proposing to establish a marijuana production facility on the subject property, a use permitted outright subject to compliance with the applicable provisions of DCC 18.116.330. Compliance with the provisions of DCC 18.116.330 is addressed below. 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 did not provide the height of the proposed agricultural structure in the application materials. The following condition of approval has been added to ensure compliance with this criterion. Building Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 3. Section 18.16.070. Yards. A. The front yard shall be a minimum of.• 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 7 of 20 FINDING: The subject property does not have frontage on a roadway, therefore the front yard setback will be measured from the south property line'. To the south is NW 69'" Place, which is classified as a rural local road. Therefore the required front yard setback is 40 feet. The proposal is not for a nonfarm dwelling, therefore, the required side and rear yard setbacks are 25 feet. The applicant is proposing a southern front yard setback of 272 feet, a northern rear yard setback of 293 feet, a western side yard setback of 545 feet, and an eastern side yard setback of 426 feet. This criterion 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, Rl, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant is proposing to establish a Marijuana Production facility in the EFU Zone. This section applies. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. FINDING: The subject property is 20.0 acres in size. This criterion is met. 2. Indoor Production and Processing. a. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. b. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The applicant is proposing to construct an agricultural building for the marijuana production use. Staff has added the following ongoing condition of approval to ensure compliance with this criterion. Indoor Production: As an ongoing condition of approval, marijuana production is prohibited in any outdoor area. Any proposed marijuana processing will require additional land use review. 'DCC 18.04.030 Definitions: In the case of a lot that does not front directly on any street, the front lot line shall be that lot line parallel to and facing the same direction as the front lot lines of the majority of other properties in the immediate area. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 8 of 20 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: C. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. FINDING: The applicant is proposing 5,000 square feet of mature canopy area for the 20.0 -acre property. Staff has added the following condition of approval to ensure compliance with this criterion. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 5,000 square feet at any time. 5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot. FINDING: The proposed use includes one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production site. The following ongoing condition of approval has been added to ensure compliance with this criterion. OLCC License: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. FINDING: The applicant is proposing to construct a 5,000 -square -foot agricultural building for the marijuana production use. The applicant is proposing a southern front yard setback of 272 feet, a northern rear yard setback of 293 feet, a western side yard setback of 545 feet, and an eastern side yard setback of 426 feet. This criterion will be met. b. Setback from an off-site dwelling: 300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. FINDING: The applicant's site plan shows the closest off-site dwelling, on Tax Lot 1700 to the south, to be 426 feet from the proposed marijuana production site. The applicant also stated in the application materials that no off-site dwelling is located within 300 feet of the proposed operation. Staff utilized the Dial property information system to confirm this distance. This criterion will be met. C. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 9 of 20 Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. FINDING: The applicant is not requesting a setback exception. Staff finds this criterion does not apply. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon 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. Ayouth activity center. and V. National monuments and state parks. b. Forpurposes 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. FINDING: In the burden of proof, the applicant stated there are no schools, licensed child care facilities, youth activity centers, national monuments, or state parks within 1,000 feet of the subject property. Letters of opposition cited recreation on neighboring BLM land to the east to be of concern. BLM land is not considered a national monument or state park, therefore the separation distance does not apply to the property. Staff utilized the Deschutes County Dial interactive property map to verify the uses of properties within 1,000 feet of the use. Staff found there are 10 properties wholly or partially within 1,000 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 10 of 20 feet of the proposed marijuana production use, none of which have received approval for the uses listed above. This criterion will be met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. C. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall. L Be on a form provided by the County and shall contain the following information; 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: Staff received comments regarding access from the BLM — Prineville District and from neighboring property owners. The applicant is proposing 5,000 square feet of mature canopy area. The above criterion relates to production of over 5,000 square feet of mature canopy area, and therefore is not applicable. 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7.00 p.m. to 7.00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. C. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: The applicant is proposing to use a completely enclosed structure with no windows for the marijuana production operation. The applicant stated that the lights used in the operation will not be visible from the exterior of the structure. Staff has added the following condition of approval to ensure compliance with this criterion. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 11 of 20 Lighting: The following lighting standards shall be met. Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15. 10, Outdoor Lighting Control. 10. Odor. As used in DCC 18.116.330(6)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably 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. L Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. FINDING: The applicant submitted an odor report by Rob James, P.E. of Colebreit Engineering, a mechanical engineer licensed in the State of Oregon (#65108PE). The report provides the following description of the structure and equipment to be used: Building Description • The space considered in this letter, is a 100'x 50' building used for an indoor grow. • Within the building are seven flowering rooms, a drying room, two veg rooms, a clone room, and a trim room. • HVAC system 1. Temperature conditioning is controlled by six ductless mini -splits with two indoor heads each. The indoor heads will not contribute to outside noise. 2. The grow spaces will have circulation fans inside them. These will not contribute to outside noise. 3. There is no exhaust from the building. 4. Odor control will be accomplished with carbon filters and in-line fans inside each space that houses plant material. These fans will not contribute to outside noise. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 12 of 20 5. The in-line carbon (charcoal) filters will scrub and remove the odors from the grow room atmospheres. 6. The carbon filters will be maintained and replaced per the manufacturers suggested service intervals. 7. The only outdoor noise will be generated by six condensing units located on the west side of the building. The report goes on to say odor for the proposed structure will be mitigated as described below: The building will use carbon filtration for odor mitigation purposes in each room described below. This system is designed to manage any odor to not unreasonably interfere with neighbor's use and enjoyment of their property. This system consists of multiple in-line fans with attached carbon filters. 1. The 7 flower rooms and the drying room each have a volume of 3,000 CF, which will require a carbon -filtered air flow of 1,000 CFM. Each of these rooms will have (2) Can -Fan 12" HO (925 CFM @0.5) in-line fans, or similar, with an attached Can 150 carbon filter, or similar. The carbon -filtered air flow will be 1,850 CFM in each space, thus meeting the code requirement. 2. The 2 veg rooms each have a volume of 2,600 CF, which will require a carbon - filtered air flow of 867 CFM. These rooms will have (1) Can -Fan 12" HO (925 CFM @ 0.5') in-line fans, or similar, with an attached Can 150 carbon filter, or similar. The carbon -filtered air flow will be 925 CFM, thus meeting the code requirement. 3. The clone and trim rooms each have a volume of 1,700 CF, which will require a carbon -filtered air flow of 567 CFM. The drying room will have (1) Can -Fan 12" HO (925 CFM @0.5) in-line fans, or similar, with an attached Can 150 carbon filter, or similar. The carbon -filtered air flow will be 925 CFM, thus meeting the code requirement. Based on the report provided by Mr. James, if the system described above is constructed within the guidelines and maintained per the manufacturer's recommendations, the odor control system will control odor so as to not unreasonably interfere with neighbor's use and enjoyment of their property. The following ongoing condition of approval has been added to ensure compliance with this criterion. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. FINDING: The applicant submitted an engineer's report by Rob James, P.E. of Colebreit Engineering, a mechanical engineer licensed in the State of Oregon (#65108PE). The report states noise will be mitigated as follows for the proposed structure. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 13 of 20 • The structure is located approximately 293' from the north property line, 426' from the east property line, 272' from the south property line, and 545' from the west property line. Our calculations indicated that the sound level at the nearest (south) property line will be under 9 dBA with no special sound dampening measures. Therefore the building will comply with DCC 18.116.330(B)(11)(a). Based on the report provided by Mr. James, if the system described above is constructed within the guidelines and maintained per the manufacturer's recommendations, the noise control system will control noise so as to not unreasonably interfere with neighbor's use and enjoyment of their property. The following ongoing condition of approval has been added to ensure compliance with this criterion. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. C. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. FINDING: The subject property is not located in the Landscape Management Combining Zone. No new fencing is proposed. The applicant is not proposing to remove any existing trees or shrub cover as part of the proposal. The following ongoing conditions of approval have been added to ensure compliance. 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. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. Screening: The existing tree and shrub cover screening the development from the public right-of- way or adjacent properties shall be retained to the maximum extent possible. This provision does 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 14 of 20 not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or C. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. FINDING: The applicant initially stated in the burden of proof that they are in the process of obtaining water rights to use for the marijuana production use. The applicant stated in an email dated April 30, 2018, that they are no longer seeking water rights and will instead only use water hauled to the site by Bend Water Hauling LLC. The applicant provided two letters from Bend Water Hauling LLC. The first dated December 20, 2017 states the following: Cascade Estate Farms, LLC have requested that Bend Water Hauling, LLC deliver potable water to the address mentioned above. We have set up an account to deliver 15,000 gallons a month for agriculture. A second letter dated February 6, 2018 includes more detail on the source of the water: The water we have as part of our delivery service is from either municipal or quasi -municipal sources. Our sources of water are Avion Water and City of Redmond. On May 16, 2018, the applicant submitted a Marijuana Producer Exempt Water form from the Oregon Department of Water Resources. This form states that the water being provided via Bend Water Hauling is legal for the proposed use. Staff has added the following ongoing condition of approval to ensure compliance with this requirement. Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district. FINDING: No processing is proposed. This criterion does not apply. 15. Utility Verification. A statement from each utility company proposed to serve the operation, stating that each such 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 15 of 20 company is able and willing to serve the operation, shall be provided. FINDING: The applicant provided a "will serve" letter from Central Electric Cooperative (CEC), Inc. dated December 19, 2018. The letter states the following: Central Electric Cooperative has reviewed the provided load information (600 amp Single phase service) associated with the submitted Cannabis Grow Facility and is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative. Staff finds this criterion will be met. 16. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights- of-way, except as required to comply with requirements of the OLCC or the OHA. FINDING: The applicant states the site will use security cameras that only record activity on the subject property as required by OLCC. The following condition of approval has been added to ensure compliance with this criterion. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). FINDING: The applicant stated in the burden of proof that all waste will be stored in a secure receptacle, within a limited access area, and under the control of the OLCC licensee. The receptacle will be located within the proposed agriculture structure and any odor will be controlled by the system described in the aforementioned mechanical engineer's letter. Staff has added the following condition of approval to ensure compliance with this criterion. Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee at all times. 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property. a. An owner of the subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or C. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. FINDING: The subject property is not in the MUA-10 Zone. This section does not apply. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 16 of 20 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. FINDING: The subject property was not a lawfully established medical marijuana grow site. This section does not apply. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: 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 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: L Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. V. Public Parks. Vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. FINDING: The applicant stated that none of the above uses are proposed on the property. Staff has added the following condition of approval to ensure compliance with this criterion. Prohibited Uses: The uses listed in DCC 18.116.330(8)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 17 of 20 ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. C. Other information as maybe reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f This information shall be public record subject to OILS 192.502(17). FINDING: Compliance with the annual reporting obligation of this section is required. The following ongoing condition of approval has been added to ensure compliance with this criterion. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. IV. CONCLUSION Based on the foregoing findings, staff concludes that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. TRANSPORTATION SYSTEM DEVELOPMENT CHARGES (SDCs): Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The Board has made a policy decision in early 2017 to use the ITE Warehouse category for marijuana grow operations. The applicant's materials indicate one enclosed building of 5,000 square feet (50'x 100) will be used. 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 5,000 -square -foot building would produce 1.6 p.m. peak hour trips (5 x 0.32). The resulting SDC is $6,299 (1.6 x $3,937). The SDC is due prior to issuance of certificate of occupancy, if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 18 of 20 VI. DECISION APPROVAL, subject to the following conditions of approval. VII. ONGOING CONDITIONS OF APPROVAL A. Use & Location: Marijuana production is conditionally approved inside the approved grow building. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. B. Building Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. C. Indoor Production: Marijuana production is prohibited in any outdoor area. D. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 5,000 square feet at any time. E. OLCC Licensee: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. F. 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. G. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. H. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. I. 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. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. J. Screening: The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 19 of 20 K. 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. L. 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. M. Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee at all times. N. Prohibited Uses: The uses listed in DCC 18.116.330(6)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. O. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. VII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and obtain building permits for the proposed use within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. DESCHUTES COUNTY PLANNING DIVISION V Written by: Nicole Mardell, Associate Planner Reviewed by: Peter Gutowsky, Planning Manager 247 -18 -000047 -AD Cascade Estate Farms, LLC Page 20 of 20 Attachment 2: Board Order Attachment 3: Site Plan 1356' Rol Im ABOVE GROUND POWER eVs' 665' 6829 NW 66th St. Redmond, OR 97756 Property 4 ode: 14-12-23-300_ � �an' r�- r r. 0 a � o E ri P rt wmU Ch U �Lf) O '040- Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 4, 2018 DATE: May 30, 2018 FROM: Isabella Liu, Community Development, TITLE OF AGENDA ITEM: Potential Marijuana Production Appeal, 22126 Bear Creek Road, Bend. BACKGROUND AND POLICY IMPLICATIONS: Before the Board of County Commissioners is a possible appeal of an administrative decision approving a marijuana production facility in the Exclusive Farm Use Zone proposed by Ekena Farm. The Board will consider Order No. 2018-043 and whether to call up the matter for review if the decision is appealed. See attached staff administrative decision for further background information. FISCAL IMPLICATIONS: None ATTENDANCE: Izze Liu, Associate Planner J STAFF MEMO Date: May 30, 2018 To: Board of County Commissioners From: Izze Liu, Associate Planner Re: Administrative Decision (File No. 247 -18 -000075 -AD) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on June 4th at 1:30 PM and will consider hearing a potential appeal of an Administrative Determination (File No. 247 -18 -000075 - AD) approving a marijuana production application. I. Application On January 26, 2018, an application was filed for an Administrative Determination (AD) to establish a marijuana production facility at 22126 Bear Creek Road, Bend. The applicant requested approval to establish a marijuana production facility in the Exclusive Farm Use (EFU) zone. The proposal consists of a maximum mature plant canopy size of 3,072 square feet. The applicant is proposing to utilize an existing 3,072 -square -foot greenhouse on the subject property for the proposed marijuana production use. II. Decision On February 27, 2018, the application was deemed complete after the applicant submitted additional information. The Planning Division issued an Administrative Determination without a public hearing for marijuana production on March 30, 2018, determining the applicant met the applicable criteria (Attachment 1). Notice of the decision was sent to neighboring property owners and those that provided comments. The decision becomes final if not appealed by 5:00 PM on June 11, 2018. III. Appeal Although no appeal has been filed yet, staff considers an appeal is likely based on public comments. IV. 150 -day Issuance of a Final Local Decision The 150 -day period for issuance of a final local decision is July 27, 2018. V. Board Options Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12th day following the mailing date of this decision is June 11, 2018. Attachment 3 is a Board Order to initiate a de novo review of this file, should a timely appeal be filed. Attachments: 1. Administrative Decision for File No. 247 -18 -000075 -AD 2. Site Plan 3. Board Order to Initiate Review Page 2 of 2 Attachment 1 - Administrative Determination for File No. 247 -18 -000075 -AD This page intentionally left blank. FINDINGS & DECISION FILE NUMBERS: 247 -18 -000075 -AD OWNER: Ashley BC Tebault Trust APPLICANT: Ekena Farm AGENT: Greg Blackmore, Blackmore Planning & Development Services, LLC PROPOSAL: The applicant is requesting approval of an Administrative Determination to establish a marijuana production facility in the Exclusive Farm Use Zone. STAFF CONTACT: Izze Liu, Associate Planner I. APPLICABLE CRITERIA: Title 18 of the Deschutes County Code, County Zoning Chapter 18.16, Exclusive Farm Use (EFU) Zone Chapter 18.80, Airport Safety (AS) Combining Zone Chapter 18.84, Landscape Management (LM) Combining Zone Chapter 18.116, Supplementary Provisions Title 22 of the Deschutes County Code, the Development Procedures Ordinance II. BASIC FINDINGS: A. LOCATION: The subject property has an assigned address of 22126 Bear Creek Road, Bend; and is further identified on Assessor's Map 17-13-31 C as Tax Lot 2000. B. ZONING: The property is zoned EFU and is within the LM Combining Zone associated with Highway 20 and the AS Combining Zone associated with the Bend Municipal Airport. C. LOT OF RECORD: The subject property is a legal lot of record as it was platted as Parcel 1 of MP -92-56 (PP1994-18). 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q� (541) 388-6575 @ cdd@deschutes .org @ www.deschutes.org/cd D. SITE DESCRIPTION: The subject property is approximately 19.82 acres in size and rectangular in shape. The property is accessed from Bear Creek Road, a rural collector road. The topography is relatively level and the existing vegetation is clustered around the southern and northern property boundaries. It is developed with a 1900 dwelling, a 1949 dwelling and four accessory structures. Both dwellings have been established lawfully as they were built prior to the County's building permit requirements. E. SURROUNDING LAND USES: The subject property is surrounded by properties zoned EFU and Multiple Use Agricultural. The properties to the north, south and east are zoned EFU. The EFU zoned parcels to the north and east are receiving special farm assessment. The majority of the EFU properties in this area are residentially developed with some farm use. The properties to the west are part of the Misty Meadows subdivision and zoned Multiple Use Agricultural. The Misty Meadows properties are residentially developed. F. PROPOSAL: The applicant is proposing to establish a marijuana production facility (grow) within an existing 3,072 -square -foot greenhouse on the subject property. G. PUBLIC COMMENTS: The Planning Division mailed a written notice of these applications to property owners within 750 feet of the subject property on January 31, 2018. In addition, the applicant submitted a Land Use Action Sign Affidavit indicating a proposed land use action sign was posted on the property on February 7, 2018. Staff has attempted to summarize requests and concerns identified by the public in written comments received prior to the date of this decision: Opposition: 1. Setback from property line and closest off-site dwelling 2. Odor 3. Noise 4. Visual impacts 5. Property values 6. Federal law should supersede state and local laws 7. Crime and safety 8. Overproduction of marijuana STAFF COMMENT: Applicable criteria of the DCC are addressed below. The Deschutes County Code (DCC) does not allow the Planning Division to approve or deny this application based on the concerns listed under 5 through 8 above. Support: 1. If this application is denied, neighbors might complain about similar farm use impacts, such as odor or noise from animals. 2. Farm and Forest Management Easement acknowledges that farming activities produce noise, dust, smoke, and other conditions. 3. Government should not control type of farm crops produced on a property. 247 -18 -000075 -AD Page 2 of 28 H. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies and received the following comments: Deschutes County Building Division: Randy Scheid, Building Official, provided the following comments on February 6, 2018: Notice: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. 2. Deschutes County Sheriffs Office: Sherriff L. Shane Nelson, provided the following comments on February 7, 2018: Here is my testimony on the attached application. I recommend denial of the application based on: • Marijuana production is against Federal Law. • There are several rural residents who have issues with smell, sound, and sight issues related to marijuana grows and how these affect quality of life. • According to U. S. Attorney Bill Williams and OSU Professor Seth Crawford, there is three times the amount of marijuana being produced in Oregon than the State can consume in the "legal" market. • According to the draft OSU Marijuana Analyst report, there is $4 billion to $9 billion worth of street value marijuana that is unaccounted forgiven the "legal" consumer market in the State of Oregon. It is highly probable this is being diverted to the black market industry. 3. Central Oregon Irrigation District: Daniel Downing, GIS/Operations Technician, provided the following comments on February 8, 2018: COID FACILITIES: • COID has its B-1-1-3 delivery ditch to the south of the property o A crossing license is required to cross a COID facility. o No permanent structures with COID's right of way are allowed COID WATER RIGHTS: • Subject's property has 15.2 acres of COID water rights • COID requests a site plan • Please contact COID concerning use of water rights COID GUIDELINE STATEMENT 247 -18 -000075 -AD Page 3 of 28 Review the following statement Central Oregon Irrigation District (COID) serves this property with 15.2 acres of irrigation water during the irrigation season of April 15` 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 15t and March 315`. 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. 4. Bend Fire & Rescue: Larry Medina, Deputy Chief of Fire Prevention, provided the following comments on February 10, 2018: FIRE APPARATUS ACCESS ROADS.- Approved OADS. Approved vehicle access for fire fighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent access roads are available. 2014 OFC 3310.1 Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 2014 OFC 503.1.1 Fire apparatus roads shall have an unobstructed width of not less than 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where afire hydrant is located on afire apparatus road, the minimum width shall be 26 feet, exclusive of shoulders. Traffic calming along afire apparatus road shall be approved by the fire code official. Approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus roads to prohibit parking on both sides of fire lanes 20 to 26 feet wide and on one side of fire lanes more than 26 feet to 32 feet wide. 2014 OFC 503.2.1, D103.1, 503.4.1, 503.3 247 -18 -000075 -AD Page 4 of 28 Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds GVW) and shall be surfaced (asphalt, concrete or other approved driving surface) as to provide all weather driving capabilities. Inside and outside turning radius shall be approved by the fire department. All dead-end turnarounds shall be of an approved design. Bridges and elevated surfaces shall be constructed in accordance with AASHTO HB -17. The maximum grade of fire apparatus access roads shall not exceed 10 percent. Fire apparatus access road gates with electric gate operators shall be listed in accordance with UL325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. A Knox® Key Switch shall be installed at all electronic gates. 2014 OFC D102.1, 503.2.4, FIRE PROTECTION WATER SUPPLIES.- An UPPLIES. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Fire flow requirements for buildings or portions of buildings shall be determined by an approved method. Documentation of the available fire flow shall be provided to the fire code official prior to final approval of the water supply system. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on afire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. For Group R-3 and Group U occupancies the distance requirement shall 600 feet. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.3.1.2, the distance requirement shall be 600 feet. Fire hydrants shall be provided along required fire apparatus roads and adjacent public streets. The minimum number of fire hydrants shall not be less than that listed in table C105.1 of the 2010 OFC. Existing fire hydrants on public streets are allowed to be considered as available. Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. The average spacing between fire hydrants shall not exceed that listed in table C105.1 of the 2010 OFC. ORS 811.550(16) prohibits parking within 10 feet of afire hydrant. Provide approved signs or other approved markings to prohibit parking within 10 feet of a fire hydrant. ORS 860-024-0010 limits the placement of afire hydrant a minimum of 4 feet from any supporting structure for electrical equipment, such as transformers and poles. Maintain a minimum 4 foot clearance of fire hydrants to any supporting structure for electrical equipment. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312 of the 2010 OFC. OTHER FIRE SERVICE FEATURES.- 247-18-000075-AD EATURES. 247-18-000075-AD Page 5 of 28 New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum 4 inches high with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address numbers shall be visible under low light conditions and evening hours. Provide illumination to address numbers to provide visibility under all conditions. Address signs are available through the Deschutes Rural Fire Protection District #2. An address sign application can be obtained from the City of Bend Fire Department website or by calling 541-388-6309 during normal business hours. A KNOX-BOX® key vault is required for all newly constructed commercial buildings, facilities or premises to allow for rapid entry for emergency crews. A KNOX@ Key Switch shall be provided for all electrically operated gates restricting entry on afire apparatus access road. A KNOX@ Padlock shall be provided for all manually operated gates restricting entry on a fire apparatus road and security gates restricting access to buildings. Additional Comments: The comments below address specific requirements of the Bend Fire Department for marijuana production. General Safety Provisions Hazard Communication Material Safety Data Sheets shall be on property and made easily accessible to the fire code official. Containers andlor packages related to hazardous materials shall be properly labeled and warning signage shall be properly displayed and easily visible. All persons shall be trained on what to do in the event of an emergency involving hazardous materials on the property. Buildig and Equipment Design Features Interior Finishes • Interior finishes (Visqueen® or Mylar® type plasticlpolyethylene or polyester to cover walls and ceilings) must comply with flame spread ratings in accordance with Table 803.3 of the 2014 Oregon Fire Code. Exits and Exit Signage, Egress 247 -18 -000075 -AD Page 6 of 28 Security measures shall not conflict with the maintenance and operation of exiting and a r� ess• Means of egress shall not be concealed in any way. Section 1008.1 of the 2014 Oregon Fire Code. Exit doors and their function shall not be eliminated or modified in any way without prior approval of the Building Official. Section 1001.2 of the 2014 Oregon Fire Code. Locks and Key Box Gates across fire apparatus access road shall be approved by the fire code official. Section 503.6 of the 2014 Oregon Fire Code. The installation of a Knox Box® and/or Knox® Key Override shall be installed to provide rapid entry. Section 506.1 of the 2014 Oregon Fire Code. Slide bolts and security bars installed on emergency egress doors are prohibited. Section 1008.1.9.4 of the 2014 Oregon Fire Code. Provide 10 lb. ABC 4A:80B: C portable fire extinguishers throughout the facility to achieve a maximum "travel distance of no more than 75 feet to each fire extinguisher. Section 906.1 of the 2014 Oregon Fire Code. Buildings/facilities associated with the production of marijuana shall have at least one all- weather road 20 feet wide and supporting fire apparatus up to 60,000 GVW. Section 503.2 of the 2014 Oregon Fire Code. Provide information to the are code official on the use of Carbon Dioxide and Carbon Dioxide generators related to the madjuana production operation. The use of Carbon Dioxide or Carbon Dioxide Generators creating an asphyxiation hazard shall require monitoring detection and an audible alarm. Chapter 50 of the 2014 Oregon Fire Code. 5. Central Electric Cooperative, Inc.: Parneli Perkins, Lands Specialist, provided the following comments on February 12, 2018: CEC requests the applicant apply for a new electrical service by calling Bob Fowler at 541-312- 7778 and provide the electrical load and demand requirements for this activity. CEC will determine if capacity is available. [STAFF COMMENT]: The applicant provided a "will serve" letter from Central Electric Cooperative, Inc. dated February 14, 2018. 6. Deschutes County Planning Division: Peter Russell, Senior Transportation Planner, provided the following comments on September 25, 2017. 247 -18 -000075 -AD Page 7 of 28 I have reviewed the transmittal materials for 247 -18 -000075 -AD for a marijuana production (growing) operation of less than 5,000 square feet of mature canopy in the Exclusive Farm Use (EFU), Airport Safety (AS), and Landscape Management (LM) zones at 22126 Bear Creek Road, aka 17-13-31C, Tax Lot 2000. 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 less than 5,000 square feet of mature canopy, so the access requirement does not apply. The traffic study requirements of DCC 18.116.310 are not applicable for this marijuana production operation as the application is notgoing through site plan review and thus does not need to show compliance with DCC 18.124.080 a), which references the County's traffic study requirements. Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The Board in a policy decision in early 2017 agreed to use Warehouse for marijuana production. The applicant's materials indicate one enclosed building of 3,072 square feet (32'x 96) will be used. 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 3,072 -square -foot building would produce 1 p.m. peak hour trip (3.076 x 0.32). The resulting SDC is $3,973 (1 x.$3,937). The SDC is due prior to the 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. 7. The following agencies did not respond or had no comments: Deschutes County Assessor, Deschutes County Environmental Soils, Deschutes County Road Department, Oregon Liquor Control Commission, Oregon Water Resources Department, Avion Water Company, and Bend Municipal Airport. I. REVIEW PERIOD: This application was submitted on January 26, 2018. The Planning Division deemed this application incomplete on February 20, 2018. Upon submission and review of additional materials, the Planning Division deemed the application complete on February 27, 2018. The 150th day on which the County must take final action on this application is July 27, 2018. III. FINDINGS & CONCLUSIONS: A. CHAPTER 18.16. EXCLUSIVE FARM ZONE 1. Section 18 16.020. Uses Permitted Outright. The following uses and their accessory uses are permitted outright. 247 -18 -000075 -AD Page 8 of 28 S. Marijuana production, subject to the provisions of DCC 18.116.330. FINDING: The applicant is proposing to establish a marijuana production facility on the subject property, a use permitted outright subject to compliance with the applicable provisions of DCC 18.116.330. Compliance with the provisions of DCC 18.116.330 is addressed below. 2. Section 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The applicant is proposing to use an existing greenhouse on the subject property for the marijuana production use. The applicant states in their burden of proof that the greenhouse is 13.5 feet tall. 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, anygreater 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 Bear Creek Road, a rural local collector requiring a 60 -foot front yard setback. The proposal is not for a nonfarm dwelling, therefore, the required side and rear yard setbacks are 25 feet. The applicant is proposing to utilize an existing greenhouse located on the subject property. The greenhouse is setback more than 100 feet from the northern, southern, eastern property lines and 25 feet from the western property line. Based on the submitted application materials, these criteria will be met. Any greater setbacks required by DCC 18.116.330 will be addressed below. Any greater setbacks required by applicable building or structural codes will be addressed during building permit review. B. CHAPTER 18.80. AIRPORT SAFETY COMBINING ZONE 247 -18 -000075 -AD Page 9 of 28 1. Section 18.80.020. Application of Provisions. The provisions of DCC 18.80.020 shall only apply to unincorporated areas located under airport imaginary surfaces and zones, including approach surfaces, transitional surfaces, horizontal surfaces, conical surfaces and runway protection zones. While DCC 18.80 identifies dimensions for the entire imaginary surface and zone, parts of the surfaces and/or zones do not apply within the Redmond, Bend or Sisters Urban Growth Boundaries. The Redmond Airport is owned and operated by the City of Redmond, and located wholly within the Redmond City Limits. Imaginary surface dimensions vary for each airport covered by DCC 18.80.020. Based on the classification of each individual airport, only those portions (of the AS Zone) that overlay existing County zones are relevant. Public use airports covered by DCC 18.80.020 include Redmond Municipal, Bend Municipal, Sunriver and Sisters Eagle Air. Although it is a public -use airport, due to its size and other factors, the County treats land uses surrounding the Sisters Eagle Air Airport based on the ORS 836.608 requirements for private -use airports. The Oregon Department of Aviation is still studying what land use requirements will ultimately be applied to Sisters. However, contrary to the requirements of ORS 836.608, as will all public -use airports, federal law requires that the FAA Part 77 surfaces must be applied. The private -use airports covered by DCC 18.80.020 include Cline Falls Airpark and Juniper Airpark. FINDING: The subject property lies under the conical surface of the Bend Municipal Airport. Therefore, the provisions of this chapter apply. 2. Section 18 80 028. Height Limitations. All uses permitted by the underlying zone shall comply with the height limitations in DCC 18.80.028. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall control. [ORS 836.619, OAR 660-013-0070] A. Except as provided in DCC 18.80.028(B) and (C), no structure or tree, plant or other object of natural growth shall penetrate an airport imaginary surface. [ORS 836.619, OAR 660-013-0070(1)] FINDING: The subject property is situated under the conical surface of the Bend Municipal Airport. The existing greenhouse is 13.5 feet tall and does not penetrate the conical surface. This criterion will be met. B. For areas within airport imaginary surfaces but outside the approach and transition surfaces, where the terrain is at higher elevations than the airport runway surfaces such that existing structures and permitted development penetrate or would penetrate the airport imaginary surfaces, a local 247 -18 -000075 -AD Page 10 of 28 government may authorize structures up to 35 feet in height. FINDING: As discussed above, the existing greenhouse will not penetrate the conical surface. The applicant is not requesting a height exception to 35 feet. This criterion will be met. C. Other height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation and the FAA. Applications for height variances shall follow the procedures for other variances and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA (for Redmond, Bend and Sunriver.) FINDING: No height exception or variance is requested by the applicant. This criterion does not apply. 3. Section 18.80.044. Land Use Compatibility. Applications for land use or building permits for properties within the boundaries of this overlay zone shall comply with the requirements of DCC 18.80 as provided herein. When compatibility issues arise, the Planning Director or Hearings Body is required to take actions that eliminate or minimize the incompatibility by choosing the most compatible location or design for the boundary or use. Where compatibility issues persist, despite actions or conditions intended to eliminate or minimize the incompatibility, the Planning Director or Hearings Body may disallow the use or expansion, except where the action results in loss of current operational levels and/or the ability of the airport to grow to meet future community needs. Reasonable conditions to protect the public safety may be imposed by the Planning Director or Hearings Body. [ORS 836.619; ORS 836.623(1); OAR 660-013-0080] A. Noise. Within airport noise impact boundaries, land uses shall be established consistent with the levels identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC 18.80). Applicants for any subdivision or partition approval or other land use approval or building permit affecting land within airport noise impact boundaries, shall sign and record in the Deschutes County Book of Records, a Declaration of Anticipated Noise declaring that the applicant and his successors will not now, or in the future complain about the allowed airport activities at the adjacent airport. In areas where the noise level is anticipated to be at or above 55 Ldn, prior to issuance of a building permit for construction of a noise sensitive land use (real property normally used for sleeping or as a school, church, hospital, public library or similar use), the permit applicant shall be required to demonstrate that a noise abatement strategy will be incorporated into the building design that will achieve an indoor noise level equal to or less than 55 Ldn. [NOTE. FAA Order 5100.38A, Chapter 7 provides that interior noise levels should not exceed 45 decibels in all habitable zones.] FINDING: The subject property is not located within the noise impact boundary associated with the 247 -18 -000075 -AD Page 11 of 28 Bend Municipal Airport. This criterion does not apply. B. Outdoor lighting. No new or expanded industrial, commercial or recreational use shall project lighting directly onto an existing runway or taxiway or into existing airport approach surfaces except where necessary for safe and convenient air travel. Lighting for these uses shall incorporate shielding in their designs to reflect light away from airport approach surfaces. No use shall imitate airport lighting or impede the ability of pilots to distinguish between airport lighting and other lighting. FINDING: The proposed marijuana production use is a farm use'. This criterion does not apply. C. Glare. No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of structures located within an approach surface or on nearby lands where glare could impede a pilot's vision. FINDING: No exterior changes to the existing greenhouse is proposed. The existing greenhouse does not produce glare. This criterion is met. D. industrial emissions. No new industrial, mining or similar use, or expansion of an existing industrial, mining or similar use, shall, as part of its regular operations, cause emissions of smoke, dust or steam that could obscure visibility within airport approach surfaces, except upon demonstration, supported by substantial evidence, that mitigation measures imposed as approval conditions will reduce the potential for safety risk or incompatibility with airport operations to an insignificant level. The review authority shall impose such conditions as necessary to ensure that the use does not obscure visibility. FINDING: The proposed marijuana production grow structure is not an industrial, mining or similar use. This criterion does not apply. E. Communications Facilities and Electrical Interference. No use shall cause or create electrical interference with navigational signals or radio communications between an airport and aircraft. Proposals for the location of new or expanded radio, radiotelephone, and television transmission facilities and electrical transmission lines within this overlay zone shall be coordinated with the Department of Aviation and the FAA prior to approval. Approval of cellular and other telephone or radio communication towers on leased property located within airport imaginary surfaces shall be conditioned to require their removal within 90 days following the expiration of the lease agreement. A bond or other security shall be required to ensure ' Reference ORS 475B.526. 247 -18 -000075 -AD Page 12 of 28 this result. FINDING: The proposed use is not a communications facility and will not create electrical interference. This criterion does not apply. F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach Surface, and Airport Direct and Secondary Impact Areas. For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1, and their accessory uses, are permitted, permitted under limited circumstances, or prohibited in the manner therein described. In the event of conflict with the underlying zone, the more restrictive provisions shall control. As used in DCC 18.80.044, a limited use means a use that is allowed subject to special standards specific to that use. FINDING: The subject property is not located in the RPZ, Approach Surface, and Airport Direct2 and Secondary Impact3 Areas associated with the Bend Airport. This criterion does not apply. C. CHAPTER 18.84. LANDSCAPE MANAGEMENT COMBINING ZONE 1. Section 18.84.050. Use Limitations. A. Any new structure or substantial alteration of a structure requiring a building permit, or an agricultural structure, within an LM Zone shall obtain site plan approval in accordance with DCC 18.84 prior to construction. As used in DCC 18.84 substantial alteration consists of an alteration which exceeds 25 percent in the size or 25 percent of the assessed value of the structure. FINDING: The northern portion of the subject property is within the LM Combining Zone associated with Highway 20. The applicant is not proposing to construct a new structure and the existing greenhouse is not within the LM overlay. This chapter does not apply to the proposed use. D. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS 1. Section 18.116.330, Mariouana 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 2 The area located within 5,000 feet of an airport runway, excluding lands within the runway protection zone and approach surface. (Redmond, Bend, and Sunriver) 3 The area located between 5,000 and 10,000 feet from an airport runway. (Redmond, Bend, and Sunriver) 247 -18 -000075 -AD Page 13 of 28 3. Marijuana Retailing in the RSC, TOC, TeCR, TUC, Tut, RC, Rl, SUC, SUM and SUBP zones. 4. Marijuana Wholesaling in the RSC, TOC, TeCR, TOC, 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 following standards and criteria. 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. FINDING: The subject property is 19.82 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 has proposed that all production will occur within an existing 3,072 -square -foot greenhouse. As an ongoing condition of approval, marijuana production is prohibited in any outdoor area. Any proposed marijuana processing will require additional land use review. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels 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 247 -18 -000075 -AD Page 14 of 28 associated with a 5,000 square foot canopy area operation. C. Parcels equal to orgreater than 20 acres to less than 40 acres in lot area. 10,000 square feet. d. Parcels equal to orgreater 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 subject property is 19.82 acres in size which allows a maximum mature plant canopy area of 5,000 square feet. The applicant is proposing to utilize an existing greenhouse on the subject property for the marijuana production use. The applicant has not proposed an exact mature plant canopy area but has indicated that the mature plants will be located within the existing greenhouse. The square footage of the existing greenhouse is 3,072. 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 orgreater than 10 acres: 5,000 square feet. FINDING: The subject property is not located in the MUA-10 Zone. These criteria do not apply. S. 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. 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 247 -18 -000075 -AD Page 15 of 28 greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. FINDING: The submitted plot plan indicates the existing greenhouse is sited more than 100 feet from the northern, southern, and eastern property lines and 25 feet from the western property line. The existing greenhouse is sited approximately 205 feet from the closest off-site dwelling (tax map 17-13-31 C, tax lot 1100). To utilize the existing greenhouse, the applicant is requesting an exception to the 100 -foot setback requirement from the western property line and an exception to the 300 - foot setback from the closest off-site dwelling. The applicant must demonstrate the reduced setbacks will afford equal or greater mitigation of the following impacts: 1. Visual 2. Odor 3. Noise 4. Lighting 5. Privacy 6. Access The applicant proposes several reasons for the setback exceptions to be approved which are summarized below: Visual/Privacy The applicant proposes to utilize an existing greenhouse on the western portion of the subject property as shown in Figure 1. 247 -18 -000075 -AD Page 16 of 28 To mitigate the visual and privacy impacts, the applicant is proposing to build an 8 -foot screening fence along the western property line from the existing greenhouse to the existing pole barn as shown in Figure 2. The applicant is also proposing to plant juniper hedge or Aspen trees between the proposed fence and greenhouse to provide additional screening as shown in Figure 3. Fi�ure22 25_E3UILDING SETBACK --- 7-1 -------- Screen planting: type to be determined Property Line 8' High screen fence (-275 LF.) LOTS Greenhf Fid G LOT 7 Screen planting', Type to be determined 8' High sexeen fence A condition of approval will be included to ensure that the applicant construct an 8 -foot fence combined with a landscape buffer to afford greater mitigation of visual and privacy impacts to the properties to the west. Odor The applicant proposes to use a high pressure ring -type fogger installed at all exhaust fan outlets. The fogger will be wired into the exhaust fan control system to turn on whenever the exhaust fan control system is energized. A mechanical engineer licensed with the State of Oregon has certified that the proposed odor control system will meet the requirements for odor control (DCC 247 -18 -000075 -AD Page 17 of 28 EXISTING BARN (SEE ORAVANG5E;v.� f � � O U W r .. AAVHU—S5 HOUE(SEE F�(�TtlV(i POLE Greenhouse{ BARN EK.IS ' O'er. N -t L_ - —1--_------ Fid G LOT 7 Screen planting', Type to be determined 8' High sexeen fence A condition of approval will be included to ensure that the applicant construct an 8 -foot fence combined with a landscape buffer to afford greater mitigation of visual and privacy impacts to the properties to the west. Odor The applicant proposes to use a high pressure ring -type fogger installed at all exhaust fan outlets. The fogger will be wired into the exhaust fan control system to turn on whenever the exhaust fan control system is energized. A mechanical engineer licensed with the State of Oregon has certified that the proposed odor control system will meet the requirements for odor control (DCC 247 -18 -000075 -AD Page 17 of 28 18.116.330(B)(10)). Staff finds that because the odor control is designed in a way to eliminate all odor, the location of the greenhouse will not affect the odor in any way. Furthermore, odor control systems are required to be in use at all times marijuana production is occurring and will be a condition of approval required in the findings addressing DCC 18.116.330(B)(10) below. Staff concurs with the applicant that the existing location of the greenhouse will afford equal mitigation of odor impacts. Noise A mechanical engineer licensed with the State of Oregon has certified that noise will not be generated from the automated exhaust fans during the hours of 10 pm and 7 am. The exhaust fans in the greenhouse will have automatic controls that prevent them from operating during these hours. When the exhaust fans are not operating, there will be no air or odor being exhausted outside of the greenhouse. Staff concurs with the applicant that the proposed location will afford equal mitigation of noise impacts. Lighting The applicant has stated in the burden of proof that the lighting in the greenhouse will be set on a timer to only operate between the hours of 7:00 a.m. to 7:00 p.m. and all exterior lighting have been installed in conformance with DCC 15.10. A condition of approval will ensure compliance. Staff concurs with the applicant that the existing location of the greenhouse will afford equal mitigation of lighting impacts. Access The subject property has two driveway accesses off of Bear Creek Road. A new access is not proposed for the greenhouse and the existing driveways provide access to the residential and farm structures on the subject property. The existing greenhouse will not block sight distances for vehicles nor are they located in a required Clear Vision Area (DCC 18.116.020). Staff concurs with the applicant that the existing greenhouse location will afford equal mitigation of access impacts. For the above reasons, staff finds the reduced setbacks from the western property line and from the closest off-site dwelling are approved because the applicant has established that the location with the addition of a fence and vegetation screening can afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: 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)(0), including any parking lot appurtenant thereto and any property used by the school, 247 -18 -000075 -AD Page 18 of 28 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. FINDING: Eighteen properties are wholly or partially within 1,000 feet of the subject property according to the applicant's burden of proof. The applicant has stated that none of these properties are in a use described in this section or are subject to subsection (c). The applicant has confirmed this through site visits to neighboring properties and searched the Deschutes County's records for related conditional use or site plan approvals. No property within 1,000 of the subject property has been identified in the record as having one of the uses identified in these criteria. Therefore, these criteria are met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. 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. hall.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; 247 -18 -000075 -AD Page 19 of 28 in. Include a description of the proposed marijuana production or marijuana processing operation, and iv. Include a legal description of the private road or easement. FINDING: The applicant is not proposing a mature plant canopy area over 5,000 square feet. These criteria do 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. 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 existing lighting will be set on a timer to only operate between the hours of 7:00 am to 7:00 pm. The exterior lighting already exists and have been installed in conformance with DCC 15.10. The applicant is not proposing any new exterior lights on the greenhouse. A condition of approval will ensure compliance. 10. Odor. As used in DCC 18.116.330(8)(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 fans) 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 247 -18 -000075 -AD Page 20 of 28 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 and noise report by Robert E. James, P.E. (65108P), a mechanical engineer licensed in the State of Oregon with ColeBreit Engineering. The report states odor will be mitigated using high pressure ring -type foggers. The existing greenhouse will be equipped with foggers installed at the exhaust fan outlets so that the foggers are operating while the fans are running. This method ensures that all exhaust air leaving the greenhouse will be treated for odor control. An ongoing condition of approval will be included to ensure compliance with DCC 18.11 6.330(B)(1 0). 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 provided an odor and noise report by Rob James, P.E. (65108P), a mechanical engineer licensed in the State of Oregon with ColeBreit Engineering. Mr. James states that the exhaust fans inside of the greenhouse will have automatic controls that prevent the fans from operating at night between the hours of 10 p.m. and 7 a.m. When the fans are not operating, there will be no air or odor being exhausted outside of the greenhouse. Therefore, no noise will be generated from the greenhouses between 10 p.m. and 7 a.m. The report also provides recorded sound pressure of ambient noise measurements and active equipment noise measurements as a comparison. See tables below. An ongoing condition of approval will be included to ensure compliance with DCC 18.116.330(B)(11). Ambient Measurements 247 -18 -000075 -AD Page 21 of 28 Active Equipment Measurements s Property Line Distance from greenhouse fans Recorded Sound pressure (dBA) North 675'46 1 Past 0, 4�.6za._r. South 545' 43 'gest 25' i 60.6 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing. a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. C. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation, the commercial harvest of forest products in accordance with the Oregon Forest Practices Act, or agricultural use of the land. FINDING: The northern portion of the subject property is within the LM Combining Zone but the existing greenhouse is not located in this area. The applicant is proposing to construct an 8 -foot fence along the western property line. The fence will be finished in a muted earth tone and will be constructed with permanent materials. No razor wire or similar fencing is proposed. The applicant is also proposing a landscape buffer between the fence and greenhouse, and will not be removing any vegetation. 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. 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 247 -18 -000075 -AD Page 22 of 28 b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider, or C. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. FINDING: The applicant is proposing year-round production and will be using Avion Water Company, Inc. as their water source. Avion Water Company, Inc. provided a "will serve" letter stating that the subject property can be served with approximately 12,000 gallons of potable water for the proposed marijuana production use. This criterion is met. 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 statementfrom 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 September 14, 2017. The letter states that Central Electric Cooperative has reviewed the provided load information (existing 400 amp single phase service) associated with the marijuana grow facility and is willing and able to serve this use in accordance with the rates and policies of the company. This criterion is met. 16. Security Cameras. if security cameras are used, they shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA. FINDING: The applicant states the site does not currently have security cameras but if used in the future, the system will be installed to comply with OLCC regulations and will be directed to record the subject facility and public right of way, as necessary. 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 secure waste receptacle inside of the existing greenhouse which will be maintained and secured as required by OLCC. 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. 247 -18 -000075 -AD Page 23 of 28 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: a. An owner of the subject property, b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property, or C. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. FINDING: The subject property is not in the MUA-10 Zone. This section does not apply. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(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. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited. i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0), used in conjunction with a marijuana crop, iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop, and iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. C. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: i. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. V. Public Parks. A Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. 247 -18 -000075 -AD Page 24 of 28 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. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: L Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code, authorizes 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, staff concludes that the proposed application for marijuana production can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. 247 -18 -000075 -AD Page 25 of 28 V. DECISION APPROVAL, subject to the following conditions of approval. VI. SYSTEM DEVELOPMENT CHARGE The applicant's materials indicate one enclosed building of 3,072 square feet (32' x 96') will be used. 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 3,072 -square - foot building would produce 1 p.m. peak hour trip (3.076 x 0.32). The resulting SDC is $3,973 (1 x $3,937). The SDC is due prior to the issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. VII. ONGOING CONDITIONS OF APPROVAL A. Use & Location: Marijuana production is conditionally approved exclusively inside the existing greenhouse. 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 5,000 square feet at any time. E. Lighting: Any new lighting inside of the existing greenhouse 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. All exterior lighting shall be shielded so that direct light does not project off site. F. Odor: An effective 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. 247 -18 -000075 -AD Page 26 of 28 G. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. H. Fencing: An 8 -foot privacy fence shall be constructed along the western property line from the existing greenhouse to the existing pole barn as shown in the applicant's burden of proof. The fence shall be finished in a muted brown, green, or natural wood color and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc. Screening: A landscape buffer of juniper hedge or Aspen trees shall be planted between the proposed privacy fence and the greenhouse as shown in the applicant's burden of proof. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. J. 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. K. Waste: Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee. L. Prohibited Uses: The uses listed in DCC 18.116.330(20) shall be prohibited on the subject property so long as Marijuana Production and/or Processing are conducted on the site. Marijuana production and processing are prohibited in any outdoor area. M. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. VIII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and obtain any necessary 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. 247 -18 -000075 -AD Page 27 of 28 DESCHUTES COUNTY PLANNING DIVISION Written by: Izze Liu, Assistant Planner roo!oailp Reviewed by: Peter Gutowsky, Planning Manager 247 -18 -000075 -AD Page 28 of 28 �M/4 SEC. 31 T.17S. R.13E. W.M. --------DE9CHUTES COUNTY 17 13 31C y 20 File Number: 247-18-000075-) 22126 Bear Creek Road Bend, OR 97701 Nr STORMY -BEAR CRE -EX - ROAD w|w | 17 13 31C This page intentionally left blank. Attachment 2 - Site Plan This page intentionally left blank. TEBAULT TRUST MARIJUANA PRODCUTIONS DESCHUTESCOUNTY I— 0 m < M m TEBAULT TRUST MARIJUANA PRODCUTIONS DESCHUTESCOUNTY I— This page intentionally left blank. Attachment 3 - Board Order This page intentionally left blank. < Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of June 4, 2018 DATE: May 30, 2018 FROM: Matthew Martin, Community Development, 541-330-4620 TITLE OF AGENDA ITEM: Potential Marijuana Production Appeal, 61050 Larsen Road, Order 2018-042 RECOMMENDATION & ACTION REQUESTED: On May 23, 2018, planning staff issued an approval to allow Michael Hughes to establish marijuana production at 61050 Larsen Road. The 12 -day appeal period ends on dune 4, 2018. Attached is an order which would allow the Board to review any timely filed appeal of 247 -18 -000027 -AD. ATTENDANCE: Matthew Martin, Associate Planner STAFF MEMORANDUM Date: June 4, 2018 To: Board of County Commissioners From: Matthew Martin, AICP, Associate Planner Re: Administrative Decision (File No. 247 -18 -000027 -AD) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on June 4th at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File No. 247 -18 -000027 -AD) approving a marijuana production application. I. Application On January 9, 2018, an application was filed for an Administrative Determination (AD) to establish marijuana production at 61050 Larsen Road, Bend. Staff notes the submitted burden of proof statement indicates the "Applicant requests an Administrative Determination land use review for a Land Use Compatibility Statement approving use for registration as an Industrial Hemp handler with the Oregon Department of Agriculture and for state licensed cannabis production with the Oregon Liquor Control Commission (OLCC) for a 10, -000 -square foot mature canopy." Based on this information staff requested clarification and the applicant confirmed the submitted land use application is a request for an Administrative Determination for "marijuana production" as defined in the Deschutes County Code. This was important to clarify because marijuana (cannabis) production use is the only component of the proposal description that requires land use action review and approval. The applicant further indicated the purpose of applying for land use approval of marijuana production is to ensure the operation has legal protection if the intended hemp cultivation exceeds the legal limit of 0.3% of THC and is, therefore, subject to the applicable standards for marijuana production. The subject property is located within the Exclusive Farm Use (EFU) zone. The proposal includes the construction of one hybrid agricultural building, approximately 16,000 square feet in area, containing four connected greenhouses. The building is constructed with metal walls and clear polycarbonate roofing. II. Decision On February 15, 2018, the application was deemed complete after the applicant submitted additional information. The Planning Division issued an Administrative Decision without a public hearing on May 23, 2018, determining the applicant met the applicable criteria (Attachment 1). Notice of the decision was sent to neighboring property owners and those that provided comments. The decision becomes final if not appealed by 5:00 PM on dune 4, 2018. III. Appeal Although no appeal has been filed yet, staff considers an appeal is likely based on public comments. IV. 150 -day Issuance of a Final Local Decision The 150 -day period for issuance of a final local decision isjuly 15, 2018. V. Board Options Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12th day following the mailing date of this decision isjune 4, 2018. Attachment 4 is a Board Order to initiate a de novo review of this file, should a timely appeal be filed. Attachments: 1. Administrative Decision for File No. 247 -18 -000027 -AD 2. Plot Plan 3. Vicinity Map 4. Board Order to Initiate Review 247 -18 -000027 -AD Page 2 of 2 ATTACHMENT 1 Administrative Decision for File No. 247 -18 -000027 -AD This page intentionally left blank FINDINGS & DECISION FILE NUMBER: 247 -18 -000027 -AD APPLICANT/ OWNER: Michael Hughes PROPOSAL: The applicant requests approval of an Administrative Determination to establish marijuana production in the Exclusive Farm Use Zone. STAFF CONTACT: Matthew Martin, AICP, Associate Planner I. APPLICABLE CRITERIA Title 18, Deschutes County Zoning Ordinance Chapter 18.16, Exclusive Farm Use Zones Chapter 18.116, Supplementary Provisions Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS A. LOCATION: The subject property has an assigned address of 61050 Larsen Road, Bend, and is identified on County Assessor Tax Map 18-12-13 as Tax Lot 302. B. LOT OF RECORD: The property is a legal lot of record as it is Parcel 1 of Land Partition No. 1991-20. C. ZONING: The property is zoned Exclusive Farm Use - Tumalo/Redmond/Bend and is designated Agriculture on the Deschutes County Comprehensive Plan. D. PROPOSAL: The burden of proof statement indicates the "Applicant requests approval of an Administrative Determination land use review for a Land Use Compatibility Statement approving use for registration as an Industrial Hemp handler with the Oregon Department of Agriculture and for state licensed cannabis production with the Oregon Liquor Control Commission (OLCC) for a 10, -000 -square foot mature canopy." The applicant later clarified the submitted land use application is a request for an administrative determination of 117 NVQ/ Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 '� (541) 388-6575 @ cdd@deschutes .org (9 www.deschutes.org/cd $,marijuana production" as defined in the Deschutes County Code. The proposal includes the construction of one hybrid agricultural building, approximately 16,000 square feet in area, containing four connected greenhouses. The building is constructed with metal walls and clear polycarbonate roofing. STAFF COMMENT: It was important to clarify the extent of the proposed use. The proposed marijuana production use is the only component of the proposal description that requires a land use action application and review. First, the noted Land Use Compatibility Statements (LUCS) are requirements for Industrial Hemp Handler registration and OLCC marijuana production licensing. The LUCS is not, in and of itself, a land use action requiring land use review. The County completes review of the LUCS with the submission of a permit sign off application. Second, industrial hemp cultivation is defined as a "farm use" in the State of Oregon' like marijuana production. However, unlike marijuana production, state law does not allow time, place, and manner regulations specific to industrial hemp cultivation. In a letter dated March 23, 2018, the applicant clarified the purpose of applying for land use approval of marijuana production is to ensure the operation has legal protection if the intended hemp cultivation exceeds the legal limit of 0.3% of THC and is, therefore, subject the applicable standards for marijuana production. Lastly, the applicant clarified that at this point, onsite processing includes chipping or shredding of hemp stalks for livestock bedding which staff concludes is an aspect of the farm use and does not require land use review. Other processing that involves the conversion of the farm crop or the processing of crops not grown on site may require additional land use review. E. SITE DESCRIPTION: The subject property is rectangular in shape with frontage on Larsen Road, a rural local road, along the entirety of the west property line. The topography of the property is generally flat with the southwestern portion slightly elevated. Vegetation consists of moderate to dense stands of juniper and ponderosa pine trees to the north, west, and southwest and irrigated pasture grass to the center, east, and southeast. Vehicular access is provided via a driveway off Larsen Road. A small irrigation canal meanders across the property from south to north. Existing development is concentrated to the west and includes a pond, an accessory structure, and two storage containers. Photo 1. Building Site Viewed From South Photo 2. Building Site Viewed From North I Oregon Revised Statute (ORS) 215.203. Zoning ordinances establishing exclusive farm use zones; definitions 247-18-000027-AD/Hughes Page 2 of 23 Photo 3. Building Site View to West Photo 4. Building Site View to East F. PUBLIC AGENCY COMMENTS: The Planning Division mailed a Notice of Application and received comments from the following agencies: 1. Deschutes County Building Division: NOTICE: The Deschutes County Building Safety Divisions code mandates thatAccess, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. 2. Deschutes County Transportation Planner: I have reviewed the transmittal materials for 247 -18 -000027 -AD for a marijuana production (growing) operation of 10,000 square feet of mature canopy in the Exclusive Farm Use (EFU) zone at 61050 Larsen Road, aka 18-12-13, Tax Lot 302. 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 more than 5,000 square feet of mature canopy, so the access requirement does apply. The traffic study requirements of DCC 18.116.310 are not applicable for this marijuana production operation as the application is not going through site plan review and thus does not need to show compliance with DCC 18.124.080Q), which references the County's traffic study requirements. Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant's materials indicate the one enclosed building of 16,128 square feet (168'X 96) will be used. The County's SDC is based 247-18-000027-AD/Hughes Page 3 of 23 on the building's total square footage related to cannabis production and support and not the square footage of the mature canopy. The new 16,128 -square -foot building would produce 5.2 p.m. peak hour trips (16.128 3 X 0.32). The resulting SDC is $20,472 (5.2 X $3,937). The SDC is due prior to issuance of certificate of occupancy, if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. 3. Deschutes County Assessor The property is in farm deferral. 4. Bend Fire General Safety Provisions: Material Safety Data Sheets shall be on property and made easily accessible to the fire code official. Section 5003.4 of the 2014 Oregon Fire Code Containers and/or packages related to hazardous materials shall be properly labeled and warning signage shall be properly displayed and easily visible. Section 5003.5.1 of the 2014 Oregon Fire Code. All persons shall be trained on what to do in the event of an emergency involving hazardous materials on the property. Sections 406 and 407 of the 2014 Oregon Fire Code. Building and Equipment Design Features: • Interior finishes (Visqueen® or Mylar® type plastic/polyethylene or polyester to cover walls and ceilings) must comply with flame spread ratings in accordance with Table 803.3 of the 2014 Oregon Fire Code. Exits and Exit Signage, Egress: Security measures shall not conflict with the maintenance and operation of exiting and eggress. Means of egress shall not be concealed in any way. Section 1008.1 of the 2014 Oregon Fire Code. Exit doors and their function shall not be eliminated or modified in any way without prior approval of the Building Official. Section 1001.2 of the 2014 Oregon Fire Code. Slide bolts and security bars installed on emergency egress doors are prohibited. Section 1008.1.9.4 of the 2014 Oregon Fire Code. Fire Extinguishers: 247-18-000027-AD/Hughes Page 4 of 23 Provide 10 lb. ABC 4A:80B: C portable fire extinguishers through the facility to achieve a maximum travel distance of no more than 75 feet to each fire extinguisher. Section 906.1 of the 2014 Oregon Fire Code. Fire Apparatus and Building Access: Buildings/facilities associated with the production of marijuana shall have at least one all-weather road 20 feet wide and supporting fire apparatus up to 60,000 GVW. Section 503.2 of the 2014 Oregon Fire Code. Gates across fire apparatus access road shall be approved by the fire code official. Section 503.6 of the 2014 Oregon Fire Code. The installation of a Knox Box® and/or Knox® Key Override shall be installed to provide rapid entry. Section 506.1 of the 2014 Oregon Fire Code. Hazardous Materials and Operations: Provide information to the fire code official on the use of Carbon Dioxide and Carbon Dioxide generators related to the marijuana production operation. The use of Carbon Dioxide or Carbon Dioxide Generators creating an asphyxiation hazard shall require monitoring, detection and an audible alarm. Chapter 50 of the 2014 Oregon Fire Code. Other Fire Service Features: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Address signs are available through the Deschutes Rural Fire Protection District #2. An address sign application can be obtained from the City of Bend Fire Department website or by calling 541-388-6309 during normal business hours. Section 505.1 of the 2014 Oregon Fire Code. 5. Oregon State Fire Marshal With regard to your Notice of Application with The Deschutes County Community Development Department, FILE NUMBER: 247 -18 -000027 -AD, please be advised of the following: The 2014 Oregon Fire Code establishes minimum requirements for fire apparatus access and fire protection water supply, which applies to both commercial and residential buildings, and some operations. The information submitted in your application is insufficient to determine if your proposed use, project or operation meets these requirements. Please furnish proof to this office at the time of building permit which indicates how these requirements are satisfied. 247-18-000027-AD/Hughes Page 5 of 23 Proposed Single -Family Dwellings: For legal lots of record that were created on or after July 2, 22001, additional regulation applies: Oregon Administrative Rule (OAR) 918-480- 0125 Uniform Alternate Construction Standards. This additional regulation provides a process for alternate construction methods to be used when afire code official determines there is inadequate fire apparatus access or fire protection water supply. Marijuana Facilities: With exception to facilities which are deemed agricultural exempt as per ORS 455.315, all marijuana facilities shall meet fire apparatus access and fire protection water supply in accordance with the state -adopted 2014 Oregon Fire Code. Marijuana production facilities are not recognized as meeting the agricultural exempt status by the Office of State Fire Marshal. Thank you for the opportunity to make comment. Itis the mission of the Office of State Fire Marshal to protect citizens, their property, and the environment from fire and hazardous materials by providing premier public safety services, and to ensure that facilities are safe for both occupants and emergency responders. 6. Central Electric Co -Op CEC requests the applicant apply for a new electrical service by calling Bob Fowler at 541- 312-7778 and provide electrical load and demand requirements for this activity. CEC will determine if capacity is available. 7. The following organizations and agencies did not respond or had no comments: Arnold Irrigation District, Deschutes County Environmental Soils, Deschutes County Road Department, Oregon Liquor Control Commission, Oregon Department of Agriculture Land Use Planning Coordinator, and Oregon Water Resource Department. G. PUBLIC COMMENTS: The Planning Division mailed a written notice of these applications to property owners within 750 feet of the subject property on January 22, 2018. In addition, the applicant submitted a Land Use Action Sign Affidavit indicating a land use action sign was posted on the property on January 19, 2018. Staff received seven letters of opposition to or concern with the application as of the date of this decision. The opposition or concerns identified in those letters include: 1. Lot Size 2. Noise 3. Light 4. Water 5. Waste Disposal 6. Security 7. Traffic 8. Visual Impacts 9. Impacts on Wildlife 247-18-000027-AD/Hughes Page 6 of 23 10. Impact on Property Values 11. Violation of Federal Law STAFF COMMENT: Applicable criteria and standards of the Deschutes County Code (DCC) are addressed below. The DCC section pertaining to marijuana production does not include approval criteria or standards related to the issue areas listed in items 6-11 above. For this reason, staff does not address those issues in this decision. H. REVIEW PERIOD: This application was submitted on January 9, 2018. It was deemed incomplete on February 8, 2018. The applicant submitted additional information and the application was deemed complete and accepted for review on February 15, 2018. The 150th and final day for the County to issue a final local land use decision is july 15, 2018. III. FINDINGS Title 18 DESCHUTES COUNTY CODE, COUNTY ZONING A. CHAPTER 18.16. EXCLUSIVE FARM ZONE 1. 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 submitted drawings of the proposed building that identifies an eve height of 14 feet but does not identify the ridge height. The following condition of approval has been added to ensure compliance with this standard: 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. 247-18-000027-AD/Hughes Page 7 of 23 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, anygreater 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 Larsen Road, a rural local road, requiring a front yard setback of 40 feet. The proposal is not for a nonfarm dwelling, therefore, the required side and rear yard setbacks are 25 feet. The applicant provided a site plan that denotes the location of the proposed building will be setback 514 feet from the west property line (front), 143 feet from the east property line (rear), 728 feet from the south property line (side), and 179 feet from the north property line (side). Staff finds these standards are met. B. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS 1. 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. FINDING: The applicant is proposing to establish marijuana production in the EFU Zone. This section applies. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. FINDING: Pursuant to DCC 18.04, Title, Purpose and Definitions: 247-18-000027-AD/Hughes Page 8 of 23 "Lot area"means the total horizontal area contained within the lot lines. Said area shall be computed as gross area for lots larger than 2.5 acres and net area for lots 2.5 acres and smaller. The total horizontal net area within lot lines of a lot is that square footage of a lot that is free from roads, streets, rights of way or easements of access to other property. Provided, however, that the Planning Director or Hearings Body shall include in gross lot areas all streets, roads, and easement of access to other property that would accrue to that lot if the road, street or easement were vacated, and shall treat the gross area of lots that have never been previously described of record as other than fractions of a section as if the section contained 640 acres, in cases where a lot is sought to be partitioned. From the original deed (Recording #1994-3242430) to the most recent deed (Recording #2015- 48651), the subject property is described in fractions of a section as if the section contained 640 acres. Comments received contest the lot area based on the acreage identifies by the County Assessor. The County Assessor's acreage is not based on the definition of "lot area." Based on the information above, the subject property is recognized as a 20 acre parcel. This criterion is met. 2. Indoor Production and Processing. a. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. b. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The applicant is proposing to establish a hybrid agricultural production building for the marijuana production use. The hybrid building has solid metal sidewalls that will look like a typical metal sided building and clear polycarbonate plastic roofing material. Staff has added the following ongoing condition of approval to ensure compliance with this criterion. Indoor Production: As an ongoing condition of approval, marijuana production is prohibited in any outdoor area. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: 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, 247-18-000027-AD/Hughes Page 9 of 23 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 is proposing 10,000 square feet of mature plant canopy area. As previously found, the subject property is 20 -acres in area. Staff finds this standard is met. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 10,000 square feet at any time. 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 zoned EFU, not MUA-10. Therefore, these standards are not applicable. S. 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 applicant is proposing to associate one (1) Oregon Liquor Control Commission (OLCC) marijuana production license with the subject property. The following ongoing condition of approval has been added to ensure compliance with this standard: OLCC License: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings. a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. FINDING: The applicant provided a plot plan that identifies the proposed building site is setback no less than 179 feet from any property line. Staff finds this standard is met. 247-18-000027-AD/Hughes Page 10 of 23 b. Setback from an off-site dwelling. 300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. FINDING: The applicant provided a plot plan that identifies the distance from off-site dwellings in all directions with the closest being 600 feet from the proposed building used for marijuana production. Staff utilized DIAL, the Deschutes County online property information system, to confirm this distance. This standard is met. C. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. FINDING: The applicant is not requesting a setback exception. Staff finds this standard does not apply. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon 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(8)(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. 247-18-000027-AD/Hughes Page 11 of 23 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. FINDING: The applicant indicates there are no schools, licensed child care centers, youth activity centers, national monuments, or state parks within 1,000 of the subject property. As the surrounding properties are zoned EFU, the above uses would require land use approval. Staff utilized DIAL, the Deschutes County online property information system, to verify the uses of properties within 1,000 feet of the use. Staff found there are 14 properties within 1,000 feet of the subject property, none of which have received approval for the above listed uses. This standard is 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 applicant is proposing 10,000 square feet of canopy area for mature marijuana plants. The subject property has frontage on Larsen Road, a public road, and an approved driveway approach permit # A-9132/SW3144. This standard is met. 9. Lighting. Lighting shall be regulated as follows: 247-18-000027-AD/Hughes Page 12 of 23 a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. C. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15. 10, Outdoor Lighting Control. FINDING: The applicant proposes to use a completely enclosed hybrid agricultural production building. The majority of the structure (75%) will be dark with no lights in use from 7:00p.m. to 7:00am. The structure has a clear roof and will be equipped with an automated ceiling blackout curtain that will operate from 7:00 p.m. to 7:00 a.m. There are 16 exhaust fans located on the south side of the building. These fans will be equipped with blackout louvered light traps that prevent light transfer through the fans. The applicant did not specify if exterior light fixtures are proposed. Comments received question how the louvers can be operated without allowing light to escape but do not substantiate but do not provide any evidence to demonstrate the proposed light traps will not function as described. Based on the information above, staff finds this standard is met. Staff has added the following condition of approval to ensure compliance with this standard. Lighting: Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 10. Odor. As used in DCC 18.116.330(8)(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. 247-18-000027-AD/Hughes Page 13 of 23 C. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall. i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. FINDING: The applicant submitted an odor report by Rob James, P.E. of Colebreit Engineering, a mechanical engineer licensed in the State of Oregon (#65108PE). The report states odor will be mitigated as follows for the proposed building: • The greenhouses are each ventilated with (4) sidewall exhaust fans, Coolair model NBFA54L, and (1) Coolair model NBF24K. • All sidewall exhaust fans are equipped with Ecolo fogging equipment for odor control, and are the only exits of air for the facility. • Radiant heating with supplemental hanging propane heaters will be interior to the spaces. • Evaporative coolers are located in conditioned north corridor. Insect -screened double roof vents on each greenhouse act as air intake to the north corridor, which in turn supplies fresh air to cultivation areas. 6 vertical fans provide circulation in each greenhouse. Greenhouse walls are insulated. In the report, Mr. James provided the following summary of the operating characteristics of the odor control system: The greenhouse uses high pressure fog for odor mitigation purposes. This system is designed to manage any odor to not unreasonably interfere with neighbors' use and enjoyment of their property. This system consists of Ecolo vapor diffusers installed at the exhaust fan outlet. These diffusers will activate in tandem with exhaust fans, spraying a neutralizing solution into the exhaust stream. This ensures that all exhaust air leaving the building is treated for odor control. It may be necessary to heat -trace the vapor diffusers to prevent freezing. 247-18-000027-AD/Hughes Page 14 of 23 Comments received express concern with odor. Most comments are general and do not challenge the effectiveness of the proposed system to mitigate odor. Specific comments indicate the application does not include the required mechanical engineer's report. As referenced and quoted above, the applicant did submit the required engineer's report. Comments requested Material Safety Data Sheet (MSDS) information for the proposed odor control system. However, submittal of MSDS information is not a requirement of this standard or land use review. In several previous decisions, the Board of County Commissioners found engineer's report did not provide adequate specificity to determine compliance with this standard. However, in (Robert P. King v. Deschutes County) LUBA No. 2017-126, the Oregon Land Use Board of Appeals (LUBA) affirmed that the engineer's report in that application could be reasonably relied upon to conclude that this standard is met and does not have to include an "as built" or "site-specific demonstration." Based on this information, if the system described above is constructed within the guidelines and maintained per the manufacturer's recommendations, the odor control system will control odor so as to not unreasonably interfere with neighbor's use and enjoyment of their property. The following ongoing condition of approval has been added to ensure compliance with this standard: Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following. a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. FINDING: The applicant submitted a noise report by Rob James, P.E. of Colebreit Engineering, a mechanical engineer licensed in the State of Oregon (#65108PE). The report states noise will be mitigated as follows for the proposed building: All mechanical equipment except south facing exhaust fans are interior to the building, dampening all noise except exhaust fans. All exhaust fans are to be operated primarily during the day. Typically, by 10:00 pm, the greenhouses will be at the appropriate internal temperature and humidity for the rest of the night, however, they may on rare occasions turn on for brief periods. Thus, the only nighttime operation of exhaust fans will be highly intermittent, and will not contribute to sustained sound levels. 247-18-000027-AD/Hughes Page 15 of 23 Comments received requested a decibel meter onsite at all times with an automatic equipment shut off if decibels exceed allotted value. However, this standard does not require or afford opportunity to require the installation of such equipment. Further, based on the report provided by Mr. James, the design and operation of the mechanical equipment for the marijuana production use will comply with this standard. The following ongoing condition of approval has been added to ensure compliance with this standard: Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing.- a. rocessing.a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. C. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act, or agricultural use of the land. FINDING: The subject property is not located in the Landscape Management Combining Zone. The applicant indicates no new fencing is proposed but adds there is an existing 6 -foot deer fence around the existing outdoor hemp plot. The applicant did not specify if existing tree and shrub cover is proposed to be removed. Comments received address fencing and security. This standard does not require fencing. Rather, this standard provides designs standards if fencing is proposed. Comments also reference the fencing requirements of DCC 18.88, Wildlife Area Combining Zone. The Deschutes County Zoning Map shows the subject property is not located in the Wildlife Area Combining Zone and, therefore, is not subject to the provisions of the zone. To emphasize the importance of compliance, the following ongoing condition of approval has been added: 247-18-000027-AD/Hughes Page 16 of 23 Screening: Fencing and retention of existing tree and shrub cover shall comply with the fencing and screening standards of DCC 18.116.330(B)(12). 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department, or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or C. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. FINDING: The applicant stated in the burden of proof that the subject property has 6.5 acres of irrigation rights from Arnold Irrigation. The record includes the associated certificate of water right and a letter from Arnold Irrigation District confirming the allocation of water right to the subject property. The burden of proof also notes the property is served by Turner Water System, a private water provider. Several comments received expressed concern with this reference to the Turner water System noting and providing documentation that this system is for domestic water use only, not agricultural purposes. In response and at the request of staff, the applicant supplemented the record clarifying the Turner Water System is the domestic water supply for the property. The applicant adds that the operation is primarily seasonal and will rely on Arnold Irrigation water for the irrigation of crops and, during periods when Arnold Irrigation water is not available for the operation, water will be hauled from the applicant's property that is served by municipal water from the City of Bend. Additional comments question the location of the allocated water right and proposed building. While this may have merit as it applies to water law, it is not a requirement of these standards. Based on the above information, staff finds the above standard is met. Staff has added the following condition of approval to ensure compliance with this requirement: Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district. FINDING: The processing of cannabinoid extracts is not proposed. Therefore, this standard does not apply. 247-18-000027-AD/Hughes Page 17 of 23 15. Utility Verification. A statementfrom each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. FINDING: The applicant provided a "will serve" letter from Central Electric Co -Operative (CEC), Inc dated December 21, 2017. The letter states the following: Central Electric Cooperative has review the provided load information (New 2000 amp three phase 480 volt service) associated with the submitted Cannabis Grow Facility and has determined that this service will require system upgrades to our facilities in the area. Central Electric cooperative is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative. Staff finds 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 any and all security cameras installed on the subject property will comply with this requirement. The following condition of approval has been added to ensure compliance with this standard. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). FINDING: The applicant stated in the burden of proof that all waste will be stored in secure receptacles, within a limited access area on the property on site and maintained under the possession of the OLCC licensee. Comments received express the proposal does not address how the waste will be disposed of. However, details of how waste is disposed of is not a requirement of this standard. Based on this information, staff finds this standard is met. Staff has added the following condition of approval to ensure compliance with this standard. Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee at all times. 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property.• 247-18-000027-AD/Hughes Page 18 of 23 a. An owner of the subject property, b. A holder of an OL CC 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. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop, ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. C. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: i. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. V. Public Parks. Vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. FINDING: The applicant stated, and staff has confirmed, that none of the above uses are currently authorized on the subject property. Further, the applicant does not propose to engage in any of 247-18-000027-AD/Hughes Page 19 of 23 the above-described uses. Staff has added the following condition of approval to ensure compliance with this standard. Prohibited Uses: The uses listed in DCC 18.116.330(6)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: I. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code, authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. C. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). FINDING: Compliance with the annual reporting obligation of this section is required. The following ongoing condition of approval has been added to ensure compliance with this standard: Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. 247-18-000027-AD/Hughes Page 20 of 23 IV. CONCLUSION Based on the foregoing findings, staff concludes that the proposed marijuana production can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. TRANSPORTATION SYSTEM DEVELOPMENT CHARGES (SDCs) Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The Institute of Traffic Engineers (ITE) trip generation manual indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant's materials indicate the one enclosed building of 16,128 square feet (168' X 96) will be used. 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 new 16,128 -square -foot building would produce 5.2 p.m. peak hour trips (16.128 3 X 0.32). The resulting SDC is $20,472 (5.2 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. VI. DECISION APPROVAL, subject to the following conditions of approval. VII. 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 shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. C. Indoor Production: Marijuana production is prohibited in any outdoor area. D. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 10,000 square feet at any time. E. OLCC Licensee: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. 247-18-000027-AD/Hughes Page 21 of 23 F. Lighting: Inside building lighting used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. G. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. H. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. I. Screening: The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. �. Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. K. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. L. Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee at all times. M. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. N. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. O. Permits: The applicant shall obtain any permits required through the Deschutes County Building Division and Environmental Soils Division. VIII. DURATION OF APPROVAL The applicant shall complete all conditions of approval and obtain building permits for the proposed use within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. 247-18-000027-AD/Hughes Page 22 of 23 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: Matthew Martin, AICP, Associate Planner Reviewed by: Peter Gutowsky, Planning Manager 247-18-000027-AD/Hughes Page 23 of 23 This page intentionally left blank ATTACHMENT 2 Plot Plan This page intentionally left blank NPLOT PLAN 18-12-13-302 892' Nearest Off Property Dwelling To the North 61050 LARSfiN ROAD t_,.,_m... BENZ), OREGON 97702 j i wue®cad aw 833.11' LW x a c ..' i. r i - 514' 8 x r ! yist 1g Over 1000' Nearest ; Oin c ui�ta.�.cr OffProperty 1 ' .i5 Rod. -- Dwelling va_- To the East 60o Nearest Off z Property Dwelling 1 168' x 96' .,,To the West 4 �1� rY3qi"r tDA Proposed PLO PASTURE Hybrid L q � i tcl Aftill viii At OC:i: Agricultural 8'x 20' I I �D (AW )L.',N Production a Existing { ., ,.. _ _ r" j- - Storage { j (;OIlCiilile7 '�' 2 IYx-�3�..>xeis, H,-sSye�zun 12'X 12' i PASTUREf' Existing Shack '1,'' e ; PASTURE 1 1 lC 833.12' {i n 728' Nearest Off Property Dwelling b To the South Property Line Arnold Irrigation Canal Trees Future Shop and Dairy Barn Canal Road 375'X 220' w/ 6' Deer Fence Pond__...:� Slope SCALE: I" = 175' (1:175) This page intentionally left blank ATTACHMENT 3 Vicinity Map This page intentionally left blank This page intentionally left blank ATTACHMENT 4 Board Order to Initiate Review This page intentionally left blank