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2018-305-Minutes for Meeting May 07,2018 Recorded 7/24/2018
BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2018-305 Nancy Blankenship, County Clerk 07/24/2018 7:19:36 AM Commissioners' Journal 11111111111111112immminii FOR RECORDING STAMP ONLY WORK SESSION MINUTES 1:30 PM MONDAY, May 7, 2018 BARNES SAWYER 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. Several citizens and representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 1:32 p.m. ACTION ITEMS 1. Marijuana Regulations / Programmatic Changes This item was audio and video recorded. Nick Lelack and Peter Gutowsky of Community Development Department presented. In the packet are two draft letters one to Oregon Water Resources Department to follow-up on concerns from interested parties regarding the draw down on water resources and one to Oregon Health Authority stressing concerns on the medical marijuana grow sites, permits and land use approvals. The letters are for the Board's consideration. PAGE 1 OF 10 Staff explored the questions on density caps. Oregon is a right to farm state. Oregon's program classifies marijuana as a farm crop. A matrix has been designed on the regulatory measures in place today for the Board's further consideration and direction. Commissioner DeBone commented on impacts to ground water rights. Commissioner Baney looks for more details specific to this area to either confirm there are challenges or no impact. Commissioner Henderson noted his concern is with some wording in the letter. One big question would be is our aquifer impacted by the water rights specific to water rights grows. Commissioner Baney also questions if it is an allowed in advance of securing appropriate water rights? Commissioner DeBone asked if the Board's intent is to get the letter out asking for a dune 4th response date. Mr. Gutowsky spoke on the medical marijuana concerns and clarification of what the County wants for a response from the Oregon Water Resources (OWRD). Commissioner Baney wonders if the Board would have access to OWRD's annual report. Mr. Lelack will revise the letter with suggestions for a final letter. The letter to the Oregon Health Authority (OHA) was reviewed and stresses a direct ask for enforcement. Commissioner Baney hopes for the request to be stronger and requests confirmation of active grow sites. Commissioner DeBone requests statistics for grow operations. Commissioner Baney noted law enforcement has the right to access this information and we should have data. Commissioner Henderson questions how OHA is ensuring grow sites do not exceed permits or violate regulations and requests a breakdown of size of sites. How are they assuring the output of the medical grows are being used by medial patients and how do you verify people that didn't re- register aren't still growing. Commissioner DeBone noted this information will help prepare for legislation. Legal Counsel Dave Doyle commented medical grow operations are protected by HIPAA-type confidentiality regulations and that often the operation is at the address of a medical patient holding a medical grow card. Commissioner Baney wants to support the legal side from an information perspective and hopes a registry can be created for law enforcement. Medical marijuana operations need to comply with the same requirements as the recreational grows. The Board is in favor of a strong letter. Mr. PAGE 2OF10 Gutowsky will refine the letters this afternoon and will try to finalize them in the next day or so. Commissioner Henderson suggested reviewing the matrix. Mr. Gutowsky noted the matrix starts with zoning for production and processing. On the standards of cannabis cultivation cap and density limit. The Board suggested reviewing the remaining standards first. On the standard of Zoning: The Board inquired lithe department has seen any issues. CDD doesn't have any issues with zoning and Mr. Lelack spoke on the history. The three zones where production and processing are allowed are rural industrial, MUA-10, and Rural. Commissioner Baney commented the canopy size could be reviewed that may be more beneficial than density. Commissioner Henderson expressed his concern of the impact to the neighbors. One question is how many of the medical are on MUA10. Commissioner Henderson is interested in the effect of not allowing production and processing in MUA10 zone. Commissioner Henderson looks for clarification on canopy size verses building size and stages of maturity. Zechariah Heck participated in the annual inspections of the marijuana grow sites reviewing the odor, security, and noise mitigation. The staff reviewed the site plan and structures. Commissioner Baney would be happy to just look at square footage. Are they meeting what is required by the law and are they mitigating the impact of odor sight and sound? Commissioner Henderson suggested consistency makes it easier to regulate. For EFU Zone consider maximum square footage instead of mature canopy. On the standard of Limitation on License /Grow Site per Parcel.: Commissioner Henderson noted it makes sense. On the standard of Setbacks: Commissioner Baney suggested a conversation on setbacks. Commissioner Henderson agrees and would like to remove the exception. Commissioner Baney noted leaving this as a point of conversation. On the standard of Separation Distances.: Determine minimum separation of distances from marijuana operations as 1,000 feet from certain property PAGE 3OF10 classifications and could propose with the addition of public lands. CDD staff asks for a definition of public lands. Mr. Lelack asks if there should also be a separation from a jurisdiction that has opted out such as the City of Redmond. The Board feels that should also be in consideration. On the standards of Access: Commissioner Baney inquired if there are points that would help the Community Development Department's review of the applications. Mr. Gutowsky noted the staff haven't seen the transportation standards required for this type of business but it doesn't mean the residents don't have a legitimate perspective. Commissioner Baney noted the County has a responsibility to look at the impact. Commissioner Henderson inquired if it should be treated as greenhouse rather than warehouse. On the standard of Lighting: Commissioner Henderson suggested the clock of lighting hours be different with the change of seasons. Discussion held on the dark sky ordinance. Commissioner Henderson would be in favor of revising this regulation for the Spring and Fall sunrise and sunset. On the standard of Odor: Mr. Gutowsky noted LUBA gave interpretation on our odor measures. Commissioner Henderson would like to see more strict standards and have report defined specifying equipment and systems for odor control. Commissioner Henderson spoke on testing during different times of plant maturity and the requirement of proof that it works. Commissioner Baney suggested the Board go on site to witness the demonstration of the mitigation of odor. CDD staff will review the standards of Clackamas County for their interpretation of the status of order mitigation they are experiencing. On the standard of Noise: Commissioner Henderson noted the issue of the definition of sustained. Mr. Lelack will confirm whether there has been any code violations on noise. On the standard of Screening and Fencing: Mr. Lelack spoke on landscape management zone and does apply to all structures. This item will be clarified for applicability. On the standard of Water: Commissioner Baney suggested waiting for the response from Oregon Water Resources on this standard. LUBA has PAGE 4 OF 10 determined a water hauler can be used as a water resource. Commissioner Baney suggested the Oregon Water Resources also provides an annual report that proves the licensees are operating within their permits. Commissioner DeBone suggested even a confirmation for any changes in their annual reporting. Mr. Gutowsky stated CDD staff will have a challenge in determining or demonstrating compliance consistent with the water rights. On the standard of Fire Protection,: only permitted on properties located within the boundaries of a fire protection district. On the standard of Utility Verification: Discussion held on the statements proving the will serve for utility service. Commissioner Baney looks for proof the utility capacity could be provided and would be a condition of approval. Commissioner Henderson likes it is noted for the specific use. On the standards of Security Cameras,: Required to comply with requirements of Oregon Liquor Control Commission or Oregon Health Authority. Commissioner Henderson inquired on cameras on properties in a public right of way. On the standards of Secure Waste Disposal,: Commissioner Henderson inquired on water run-off. Commissioner DeBone noted this standard is specific to sewer and secured waste. A description of the secured waste will be required to show contents of waste being disposed of. On the standards of Residency: in annual reporting the growers noted they are open to reporting more frequently. Should applicants notify CDD when mature canopy is within a certain phase? Commissioner Baney would push for us to verify. Commissioner DeBone noted the list of operations could be held by the law enforcement. Discussion on inspection schedule with medical grows. And ask OHA how the Board could engage with the licensees to ensure compliance with land use regulations. A provision should be added to the ordinance and a notation in the letter. A letter to OHA would state the amendments in the Deschutes County Code relative to land use and the requirements for medical marijuana operations to comply to avoid potential risk of code PAGE 5OF10 enforcement. Revised letters will be created by CDD staff and the regulations modifications will be summarized. RECESS: A recess was taken at 3:45 p.m. and the Board reconvened in the Allen Conference Room at 3:55 p.m. 2. Overview of Health Services Fund Structure James Wood and Dave Inbody, Health Services reported on the Health Services funding streams. A copy of the presentation is included in this record. Information that will be considered for the budget hearings was reviewed. Commissioner Henderson requested the information to be brought back prior to the budget hearing week. Commissioner Baney suggested having information of funding history through system changes and services provided. County Administrator Anderson noted during budget week there will be five hours set aside specifically for Health Services due to the complexity of the department. Mr. Anderson explained that individual meetings with the Board could also be set if preferred. Commissioner Baney suggested inviting Donna Mills from Central Oregon Health Council to the Budget hearings during Health Services appointed times. Commissioner DeBone thanks Mr. Wood for the data provided. Mr. Anderson noted the new contract negotiations with the CCO will have an impact on Health Services budget. 3. 2018 Personal Health Assessment (PHA) Recommendation Human Resources Director Kathleen Hinman and Human Resources Analyst Trygve Bolken presented by reviewing participation on the personal health assessment program. Feedback was given by the Employee Benefits Advisory Committee on gift for participation and incentive of a one month PAGE 6OF10 waiver on the insurance premium. Participation and expense history was reviewed from 2013 to present. Health risks and data are analyzed to drive the focus of wellness program and initiatives. A survey was done this year and 301 employees participating. The proposal for this year is to increase participation and continue to improve health and quality of life of employee and families. HENDERSON: Move approval BANEY: Second VOTE: HENDERSON: Yes BANEY: Yes DEBONE: Chair votes yes. Motion Carried 4. Possible Marijuana Production Appeal, 21330 Young Avenue and Consideration of Board Order 2018-033 Kyle Collins, Community Development Department presented the potential appeal. Applicant, Evolution Group, LLC, proposes four marijuana production buildings and the conversion of an existing structure to a marijuana processing building. Three letters of opposition were submitted. The 12 -day appeal period ends Monday, May 14, 2018. The Board expressed support of hearing the appeal. BANEY: Move approval of Order No. 2018-033 HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried PAGE 7 OF 10 5. Possible Marijuana Production Appeal, 61795 Teal Road, Bend Nicole Mardell, Community Development Department presented the potential appeal. Applicant Choice Farms proposes an expansion of their operation. This expansion request would be for 10,000 square feet maximum mature canopy area. One comment was received from Bend Parks and Recreation and one comment in support of the application. Commissioner Baney noted her daughter has a parcel of land in that area that is being held in trust and wanted to disclose that information. BANEY: Move approval of Order No. 2018-033 HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried COMMISSIONERS UPDATES: None reported. OTHER ITEMS: • Community Development Director Nick Lelack reported there was a tour scheduled for the Pronghorn Hotel on Wednesday May 16 and Pronghorn is not ready for the tour and is requesting an extension. CDD could offer a few other options for a tour if preferred. The Board decided to use that time for a Work Session instead and will reschedule the tour for a later date. • County Administrator Anderson reported the Round III department visits have been scheduled but are having mixed results. Mr. Anderson reported this Thursday is the tour with Natural Resources. The Board will keep this tour on the calendar. PAGE 8 OF 10 • County Administrator Anderson reported on status of filling the position of the Technology Manager for 911 Operations. The interview panel included members of Bend Fire and Bend Police Departments were involved. The hiring offer was not accepted and a counter offer was presented. At this point the offer would have to be given to the candidate at Step 5 and there is no guarantee he will accept it. Commissioner Henderson would like to talk to the User Board before making a decision. Commissioner DeBone would advocate for starting over with the recruitment to find the person that fits this position. The Board is in agreement. EXECUTIVE SESSION At the time of 5:12 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 5:37 p.m. At the time of 5:41 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Pending Litigation. The Board came out of Executive Session at 6:19 p.m. to make the following motion: BANEY: Move to direct staff as outlined in Executive Session HENDERSON: Second VOTE: BANEY: Yes HENDERSON: Yes DEBONE: Chair votes yes. Motion Carried PAGE 9 OF 10 ADJOURN Being no further items to come before the Board, the meeting was adjourned at 6:19 p.m. DATED this 0,2.7 Day of Commissioners. NG SEC ETARY 2018 for the Deschutes County Board of ANTHtNY DEBONE, CHAIR )j(\ 4 HLUUP G. H NDERSON, VICE CHAIR TAMMY ANEY, C ISSN NER PAGE 10 OF 10 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — www.deschutes.orq WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, MONDAY, MAY 7, 2018 Barnes and Sawyer Rooms - Deschutes Services Center — 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. Marijuana Regulations / Programmatic Changes - Peter Gutowsky, Planning Manager 2. Overview of Health Services Fund Structure - James Wood, Health Services Management Analysit 3. 2018 Personal Health Assessment (PHA) Recommendation - Trygve Bolken, Human Resources Analyst 4. Possible Marijuana Production Appeal, 21330 Young Avenue and Consideration of Board Order 2018-033 - Anthony Raguine, Senior Planner 5. Potential Appeal of a Marijuana Production Application, 61795 Teal Road, Bend - Nicole Mardell, Associate Planner COMMISSIONER'S UPDATES EXECUTIVE SESSION Executive Session under ORS 192.660 (2) (e) Property Negotiations Board of Commissioners Work Session Agenda Monday, May 7, 2018 Page 1 of 2 Executive Session under ORS 192.660 (2) (h) Litigation 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.orq/meetinacalendar 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, May 7, 2018 Page 2 of 2 m } D m 73 C A Z -4 0 O to n CI tolm n T> 73 } 4 0 Z { 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 Mav 7, 2018 DATE: April 27, 2018 FROM: Peter Gutowsky, Community Development, 541-385-1709 TITLE OF AGENDA ITEM: Marijuana Regulations / Programmatic Changes RECOMMENDATION & ACTION REQUESTED: The Board directed staff to schedule a follow-up work session to discuss: Letters to the Oregon Water Resources Department (OWRD) and Oregon Health Authority (OHA) addressing groundwater impacts in greater Alfalfa and Tumalo and medical marijuana inspections. Regulatory concepts relating to capping the number of marijuana permits in Deschutes County and/or density limits in geographic areas such as Alfalfa and Tumalo. MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager DATE: April 27, 2018 SUBJECT: Marijuana Regulatory Assessment / Work Session / Program Options I. BACKGROUND The Board of County Commissioners (Board) conducted a work session on April 16, 2018, to discuss: • Imposing a 45 or 60 -day "pause" for processing marijuana applications to focus on amending the County's marijuana regulations among other issues, such as working with state agencies to obtain well data. • Increasing planning fees to accurately cover the costs of processing marijuana land use applications; and, • Developing a process and timeline to amend the County's marijuana regulations such as imposing a cap on the number of marijuana permits in Deschutes County and/or density limits in geographic areas such as Alfalfa and Tumalo. II. BOARD DIRECTION The Board directed staff to schedule a follow-up work session to discuss: • Letters to the Oregon Water Resources Department (OWRD) and Oregon Health Authority (OHA) addressing groundwater impacts in greater Alfalfa and Tumalo and medical marijuana inspections. • Regulatory concepts relating to capping the number of marijuana permits in Deschutes County and/or density limits in geographic areas such as Alfalfa and Tumalo. III. ITEMS FOR CONSIDERATION A. Letters to OWRD and OHA Attached for the Board's consideration are letters to OWRD and OHA (Attachments 1 and 2). The letter to OWRD includes maps depicting greater Alfalfa and Tumalo (Attachment 3). -1- B. Cannabis Cultivation Caps / Density Limits Cannabis cultivation caps and/or marijuana production density limits represent a new regulatory approach for Deschutes County and Oregon. Statutory conventions make it difficult to apply caps or density limits considered by localities in California and possibly other states to Oregon. Oregon is a right to farm state that recognizes marijuana as a farm crop. Legislation adopted in 1993 and updated in 1995 and 2001, declares farm and forest practices as critical to the welfare of the Oregon economy, and establishes a right -to -farm Iaw.1 While HB 3400 enables Oregon counties to impose reasonable regulations on the time, place and manner of licensed recreational marijuana businesses, caps and density limits require technical, quantitative studies that demonstrate a direct correlation of impacts from marijuana cultivation. For example, establishing a cap or geographic density limit based on cumulative transportation or groundwater impacts from marijuana production sites will require traffic or hydrologic studies from technical experts showing a clear nexus between the regulation and the impact. Staff researched jurisdictions that are contemplating or have recently implemented cannabis cultivation caps. Below is a summary. Staff can provide additional information from each jurisdiction if directed by the Board. Humboldt County is contemplating placing a 5,000 -permit limit on cultivation licenses. The City of Sacramento is contemplating capping the amount of warehouse space in a business district. Santa Barbara County enacted an acreage cap for cultivating marijuana along a 4 -mile stretch of California's coast. Lastly, Monterey County requires all cultivation legally established prior to 2016 to be within an existing warehouse or greenhouse, among other provisions. • Humboldt County Board of Supervisors is considering capping the total number of cannabis cultivation permits available in the county.' The cap would place a 5,000 -permit cap on cultivation licenses. If passed, the resolution would also require that those 5,000 permits be evenly distributed through available land in the county's 12 planning watersheds. To date, nearly 3,000 cultivators have filed permit applications with the county, with almost 70 percent looking to legitimize existing grows, according to the county's final environmental impact report (EIR). Cumulatively, they seek permits for about 1,200 acres of cultivation. The county also currently plans to continue accepting permit applications for pre-existing grows through 2019 and, in its EIR, projects that it will receive about 1,000 permits for new cultivation operations. • Sacramento has emerged as a marijuana capital since the state of California and local governments began issuing permits for companies to cultivate, manufacture and distribute this crop. Some neighborhood leaders and elected officials are nervous as large clusters of marijuana -related businesses are occurring in a handful of areas. They are particularly concerned that marijuana growers are driving up rental prices and pushing out other businesses that may provide more jobs or other benefits to neighborhood residents.' The City Council's Law and Legislation subcommittee voiced its support in February 2018 for capping the amount of warehouse space to 10% of the area 1 The right to farm law protects growers from court decisions based on customary noises, smells, dust, or other nuisances associated with farming. It also limits local governments, and special districts from administratively declaring certain farm and forest products to be nuisances or trespasses (ORS 30.930). 2 https://www.northcoastjournal.com/humboldt/humboldt-board-of-supervisors-to-consider-capping-cannabis-cultivation- licenses/Content?oid=8295635 3 http://www.sacbee.com/news/local/news-columns-blogs/city-beat/article200176144.html -2- in the Power Inn Alliance business district that can be used for marijuana cultivation. During the committee hearing, some council members said they would also support caps in other parts of the city, most notably North Sacramento and Del Paso Heights. • The Santa Barbara County Supervisors last month set a cannabis cap at 186 acres just outside the city limits of Carpinteria and a four mile stretch along California's coast.' The cap restricts the number of licenses in Carpinteria Valley. • Monterey County did not cap the number of permits or licenses, but requires "all cultivation must be within an existing warehouse or greenhouse that was legally established before January 1, 2016, and all operations and development must comply with all relevant County land use and development standards." C. Other Regulatory Approaches to Cannabis Caps and Density Limits The Board may find traditional land use regulations that address the "compatibility" of recreational marijuana production is easier to justify. Examples include: • Greater minimum parcel sizes in certain zones; • Larger setbacks from nearby residences; • Establishing setbacks from the Rural Residential 10 Zone, Urban Growth Boundaries and Urban Reserves, unincorporated community boundaries (i.e., Tumalo, Alfalfa), similar zones with smaller residential lot sizes and population densities, counties that have opted out, etc.; and/or • Separation distances between marijuana production sites. Staff is unclear if such regulatory approaches comply with Oregon law. D. Matrix A matrix below summarizes Deschutes County's marijuana production and processing standards, including recent interpretations from Board decisions. It includes a placeholder for cannabis cultivation caps and/or density limits. Other regulatory approaches under C. above will be added to the matrix as necessary. Attachments: 1. OWRD Letter 2. OHA Letter 3. 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O c 1t0) c °) c E L 0 .3 C O '� ai +O' y c O .5 .co co E o 0 0 L = 'L c c 0 Y , Q 0 O • • • • • -o c c c m iD (0 (a 0) 0 C Q }+ i Y E21) Y (0 Y 0) n O Y_ E o a) c 3 w 4_ Oc O O> aCOs O.o.ca L. c v, c O O_ u OL c Q y., .(..' c O s t c 0 c - " h .. E O O1 0. -0 c > c a-+ O !0 ° O E O > E •i -O' •0 O' LO 10 N 0 c O Q OE w E a>i 2 . -c C !O73 v > 1 !O } c v fO co (0L o CO N •O) I7 N C Other: Site Plan Review for Marijuana Processing ATTACHMENT 1 April 27, 2018 Carole Yann, Oregon Medical Marijuana Section Manager Oregon Health Authority P.O. Box 14450 Portland, OR 97293-9929 Re: Medical Marijuana Grow Inspections Ms. Yann, The Deschutes County Board of Commissioners (Board) respectfully requests the Oregon Health Authority (OHA) describe the process it utilizes to confirm, inspect, and monitor medical marijuana grow sites in rural Deschutes County. It is our understanding that there are currently 984 active grow sites, down by almost 50% from 2017. How is OHA assuring: • Registered medical marijuana grow sites do not exceed their permit? • Sites no longer registered to grow medical marijuana do not violate Oregon Liquor Control Commission and/or Deschutes County marijuana regulations? Please provide a response by June 4, 2018. It will allow the Board to consider further refinements to Deschutes County's marijuana program relating to law enforcement and land use regulations. Sincerely, Anthony DeBone, Chair Philip G. Henderson, Vice Chair Tammy Baney, Commissioner ATTACHMENT 3 N 0 747, to v 0. CN O 13 c V d J -c • .O N • v a 0 1 L■ as a- d c0 a( co a2 d 2 2 .47 �.r 0 ON HONV21 NOSNHOf N 0 co t0 ii A _ N /0 V c d O vI � AN V 0 as as a m a= oco co E as O L 0. • ON A3l1VMS. ON 1381HOS Oa SIIV3 31';1I10 _Oa ONVIH018 IDLAW LN Ilt rj��•� e®nairjElo a3nl �1 I'll nmiooDHP ��� 34\V OOOM —' Oa%1311a 'Da .3)1JVIALONI)1 3O Nl Nla,31O ON NIJ. VW;l119 11108 N5'Ow Nl NVW3S80111 O21831A1`'a::. -Oa N311V CIN o33M1 0 'Oa.SNIIIOO;, April 27, 2018 Tom Byler, Director Oregon Water Resources Department 725 Summer Street NE, Suite A Salem, OR 97301 Re: Groundwater Impacts in Greater Alfalfa and Tumalo Director Byler, The Deschutes County Board of Commissioners (Board) respectfully requests the Oregon Water Resources Department (OWRD) evaluate groundwater impacts in greater Tumalo and Alfalfa. In 2017 and early 2018, Deschutes County convened a series of public and stakeholder meetings, including with Kyle Gorman, South Central Regional Manager, to discuss the regulated marijuana industry. Water impacts associated with marijuana production remain a concern in unincorporated Deschutes County, especially related to medical marijuana grows and possibly, illicit operations. Rural residents in greater Tumalo and Alfalfa continue to express alarm that the water table is dropping, impacting longstanding domestic wells. Attached is a map depicting the two areas. As stewards of the State's water resources, the Board requests OWRD reexamine water rights, study well logs and perform site visits to understand the circumstances affecting groundwater depths in these two areas. Preferably, the results of this assessment can be by June 4, 2018. It will allow us to consider further refinements to Deschutes County's marijuana program relating to law enforcement and land use regulations. Sincerely, Anthony DeBone, Chair Philip G. Henderson, Vice Chair Tammy Baney, Commissioner cc: Kyle Gorman, South Central Regional Manager - Bend ATTACHMENT 2 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of Mav 7, 2018 DATE: April 17, 2018 FROM: James Wood, Health Services, TITLE OF AGENDA ITEM: Overview of Health Services Fund Structure RECOMMENDATION & ACTION REQUESTED: This presentation is for information only; there is no staff recommendation. ATTENDANCE: Health Services staff: James Wood, Business Manager; Dave Inbody, Deputy Director; George A. Conway, Director SUMMARY: As requested, Mr. Wood will discuss Health Services fund structure and why/how funds are placed into other reserve accounts. 00 r -I 0 N T--1 r -I d- 0 Health Services Funding Streams O U O 0 N U U v ca CO 0) 4J LL Govern N N >, c N t =, V 0 U 0 73 U v O J cn a) >- -c t (D C T. 0.; N 5 N 00 N N.. c 0 0 O L m Q, Health Services Department — Revenue (excl. BWC) [All Funds] O 111 O L 1 O V1 0 Ln O LI1 Lt) r d' M M N N SUOipiw 0 N 00 e --i O N N O N M O N 0 N 0 ri 0 N CT) 0 0 N Other Gov't Payments ■ General Fund v U i 4) (1) to 4-' c O V 4u V (r) 0) 0 c c 0� v o o 4 J kr-z p C -0 c O LL = u,: 0 0 raA CO, C 0 a Lo 00 v-4 0 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of May 7, 2018 DATE: May 2, 2018 FROM: Trygve Bolken, Human Resources, 541-317-3154 TITLE OF AGENDA ITEM: 2018 Personal Health Assessment (PHA) Recommendation RECOMMENDATION & ACTION REQUESTED: Staff recommends approval of the 2018 PHA program proposal Shortened PHA program window from June - September. Offer incentives: • Award a one-time financial incentive to eligible participants in November 2018. • Offer an incentive to be given out at the time of the finger stick. Improve overall PHA process and participant experience. • Continue use of Cardiocheck Plus Analyzer (a finger -stick lipid/glucose machine). • Allow blood draw results from approved provider to be used in place of Cardiocheck. • Offer increased on-site sessions at select locations for assessments. • Benefit: Outreach to outlining areas and convenience for employees. • Combine on-line questionnaire with follow up office visit. • Benefit: Reduce additional steps and discuss results in a timely manner. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director, If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 14/20/20181 Department: 1Human Resources' Contractor/Supplier/Consultant Name: 1Medcor1 Contractor Contact: [Susan Myers1 Contractor Phone #: 1541-317-31971 Type of Document: 2018 Personal Health Assessment (PHA) Recommendation Goods and/or Services: Personal health assessments for employees, spouses and adult dependents covered on the county Health Benefits Plan Background & History: This is PHA's for 2018. Agreement Starting Date: Annual Value or Total Pa' Insurance Certificate Insurance Expiratio, 2 proposal to complete the annual f Check all that apply: RFP, Solicitation u. Informal quotes (<$150t\, Exempt from RFP, Solicitation u) _ 111 /30/20181 ee DCC §2.37) Funding Source: (Included in current budget? }Q Yes 1 1 No If No, has budget amendment been submitted? Yes 1 1 No Is this a Grant Agreement providing revenue to the County? Yes X No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: Yes 1 J No Contact information for the person responsible for grant compliance: 5/2/2018 Name: Phone #: Departmental Contact and Title: Trygve Bolken Human Resources Analysti Phone #:1541-317-31541 Department Director Approval: —i /`/ /6' Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one): ❑ BOCC (if $150,000 or more) — BOARD AGENDA Item ❑ County Administrator (if $25,000 but under $150,000) ❑ Department Director - Health (if under $50,000) ❑ Department Head/Director (if under $25,000) Legal Review Document Number Date 5/2/2018 w t --- Vi J 0- 0 c s30 CU 03 4- (13 v▪ ) 4- Vi O i_ ro ti ae ro a) .... a) r0 1 w0 -0 c = ro C CD 0 a) 4100 (DW .c = " Ovj bq' .4-4 0 C > 4..J a) CL E 4- O 0 t.3 0 O I3 C CU r'D E E S., 0 a) 73 CU ro ▪ c CU vi Et I:3 .).-4 .474 E it 5 1 .4.- o .0 ® ..)Z LA CO a.) 0j • <‚3) .).7) 1— 46 ro taxi• o 47: a) ai -0 a) 42 ▪ °00) )... 4:: .0 c c‘i -c a.) 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M - N N Ill C e- ITS e- t1 •N U , 0 so O` PNS• L M M M roa 'al In C --- w'0 o— p 7 0�� CN C • O0 tE Vo. r 0 , l7 f" 2018 (Projected) vt to If) Iff N 0 O O '0 Vf O� In 0' VS d W O N. O O cj CO V} N N t!} 00 N 0' In N N. R 0• O V�1 V1 0 O O VT 0' M 00 V1 N 0' O 00 00 Vf If1 "Zr 00 00N CO 00 N Ifl O� ezt N O07, .O an VI. V1 N VY V? V) V' ^ W O p O N. 000 M p ON. O RN 0 M N. 4./1 4f �' V? VT ail) MN MM O Os O, If) 00 sO D7 M r' ivi e - N CT .O n N Os t%} V) VT V} VI' V1 LU MTti o �v ami v ,c .�.� m a o o r° -IRA Expenses Tonal Staff tive Expense :ionnaire Expenses Cost per participant *Projected participation based on a goat of 15% increase over previous year. o\1 cr) LL, 1 0)c, • a) L( 7:3 C st:523, _C C (13 C 11 4'jo 42 13 0i ...0 0 (O a) o two o °C; -C • 1.- a) -->e E " = E vi ...c s..a.' 3 Z:5 5- /- a) < 0 a) o — t.) • 4_, tko 0 to:3 E '61.1-2 4-, c .c b.° raJ C 0) 6 u03 °— a) 73 ▪ L.) —..c 0 a) VIS... • NE 4— 0 ra 4-4 4,-) rcs o acu 75 Cs4 -C3 E -C 13 cu a) - LI— M Tu. a),.c.' 0 46 C 1.E. tl C CU O 4-, ci 4-, > o C13 8a- +-a V) C o (1) L.)a) .:( -6 1... u..) ro s.. c _c e o ro 0_ CL 4m1 vs 73 us r 4 E 0 0.1 4, "I -j a) = ....• 73 = C s- 1.. 4-8 --, cv w -i ra U4 4J0 ..72 0 C t'Elj (0 0 CU ra im al0 < (3) t).0 0 b.0.- 4,-) .47.# 73 in ›- .Ed; 0 a) C1.5 c 73 • 0 > 0 . .L- 0) 0 4-1 co I- C 1- O 0_ = tol 0) 4--' C3- C o E L.) ...C. 4 ,.., 73 vi. C 0 ,-,0 ..., a. cu a) r° °— r-. tu3 ni (01 c ▪ o o 0 0 *::,-; .) 0 • 4-) 4-/ rcs 0 0_ ra •- c NI 3 c cm c 4...) tWO 73 a) Li O - C CD0v C ) . — -1.-+ 1:3 ..,, h W 0 a) E = tle 0 03 .vs • 57..: C) (0 c • 0 • cu a) 0 tr) C 0CGU ce 0 4 -aro 4_, 3 Lir. LII a) o_ tto I-) a) o 1,- it NI L- CD cro< 0 -.0 c c c • L.- O ro 0 1 ,.c X co 0 • 0 1.-) N E Cohort vs. Non Cohort • • 1 • 1 Euc S13 0 • 0 rE5 CO 0ut.4.-OL-c ro C b-13 c (1) „LJE —s,:m0WMW(J)w uul > Wociaj=w1D-7-1 mc1=4..j.ws(-770 Er21<-07,,-0-47J momcuic—c-E <EEEmmm ro_ 00 aura boa) c CC1 w. ti a JS3 ro 0. 7-5 ro s a) c s 40 — a) ti d -J fo cu co u aJ ra 0 w oo rn ct3 Top outcomes for those who completed the process: Top reasons for going through the PHA process: 0 ro 0 u cu c ro Increase number of on-site PHA clinics. Streamline the steps needed to complete the PHA. Allow recent blood work from providers to be used in place of the PHA finger stick. J�� Y (./O N 0 w' 0 yJs30 a) 16 473 a) o 0i cu b) ® QJ 0... 4'a a) + 2 70 .c s® ® LA a) "0 rri e- a) c Phi c w v Positive comments regarding the DOC staff and their support. 2017 PHA Testimoni -Anonymous, multi-year participant • c 0 E a, Q 1 a h 0 N Increase participation by 15%, for a total of 965 participants. Improve health and quality of life of employee and families. Reduce absenteeism and increase productivity in the workplace. Reduce overall and Tong -term costs to the Health Benefit Fund. Continue same incentive program as 2017. Shortened PHA program window from June - September. Offer incentives: Ueg V CD oC. aJ co o. 0 e 421 1m ro ro 0 2 co 0 CU 2 0 u v) 41 C4-..) 0 D 00 = v) tu3 Resources Kathleen Hinman, HR Director TES G o 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 Mav 7, 2018 DATE: May 2, 2018 FROM: Anthony Raguine, Community Development, 541-617-4739 TITLE OF AGENDA ITEM: Possible Marijuana Production Appeal, 21330 Young Avenue and Consideration of Board Order 2018-033 RECOMMENDATION & ACTION REQUESTED: Staff approved applications to establish a marijuana production and processing facility at 21330 Young Ave. The land use approval was issued on May 1st 2018 and the 12 day appeal period ends on May 14th 2018. Staff asks the Board to determine whether any appeal should be called up pursuant to DCC 22.28.050. ATTENDANCE: Kyle Collins, Assistant Planner EXHIBIT A Staff Memorandum STAFF MEMO Date: May 1St, 2018 To: Board of County Commissioners From: Kyle Collins, Assistant Planner Re: Administrative Decision (File Nos. 247 -17 -000905 -AD, 247 -17 -000938 -LR, 247 -17 -000939 - AD, 247 -17 -000940 -SP) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on May 7th at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File Nos. 247 -17 -000905 -AD, 247 -17- 000938 -LR, 247 -17 -000939 -AD, 247 -17 -000940 -SP) approving a marijuana production and processing application. 1. Application On November 3rd, 2017 an application was filed for an Administrative Determination (AD) to establish a marijuana production facility at 21330 Young Ave, Bend, OR. Subsequently, on November 21st, 2017, an application was filed for an Administrative Determination (AD) and Site Plan Review (SP) to establish a marijuana processing facility at the above property. The applicant requested approval to establish a marijuana production and processing facility in the Exclusive Farm Use (EFU) zone. The applicant proposed to construct four (4) new buildings, each approximately 5,200 square feet in size, and the conversion of an existing 1,200 -square -foot structure to a marijuana processing building. In total, the four (4) new buildings would include 22,000 square feet of production and processing area. The proposed buildings will contain a total of approximately 9,800 square feet of mature canopy area. Additionally, the applicant requested a lot of record verification on the subject property. II. Decision On March 15th, 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 and processing on May 1st, 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 May 14th, 2018. III. Appeal At this time no appeal has been filed. IV. 1 50 -day Issuance of a Final Local Decision The 150 -day period for issuance of a final local decision is July 17th, 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, May 14th Attachment 2 is a Board Order to initiate a de novo review of this file, should a timely appeal be filed. Attachments: 1. Administrative Decision for File Nos. 247 -17 -000905 -AD, 247 -17 -000938 -LR, 247 -17 -000939 -AD, 247 -17 -000940 -SP 2. Site Plan 3. Board Order to Initiate Review Page 2 of 2 BLANK PAGE EXHIBIT B Board Order BLANK PAGE BLANK PAGE EXHIBIT C Staff Decision BLANK PAGE VES Co G a ()_ FA FA f) FINDINGS & DECISION FILE NUMBER: 247 -17 -000905 -AD, 938 -LR, 939 -AD, and 940 -SP APPLICANT: OWNER: PROPOSAL: Evolution Group LLC 915 SE Rimrock Way, #201 Redmond, OR 97756 ATP LLC 21330 Young Ave. Bend, OR 97701 The applicant requests an Administrative Determination and Site Plan approval to establish a marijuana production and processing facility consisting of four (4) new buildings, each approximately 5,200 square feet in size, and the conversion of an existing 1,200 -square -foot structure to a marijuana processing building. In total, the four (4) buildings would include 22,000 square feet of production and processing area. The proposed buildings will contain a total of approximately 9,800 square feet' of mature canopy area. Additionally, the applicant requests a lot of record verification on the subject property. STAFF CONTACT: Kyle Collins, Assistant Planner I. APPLICABLE CRITERIA Deschutes County Code (DCC): Title 18, Deschutes County Zoning Ordinance Chapter 18.16, Exclusive Farm Use Zone Chapter 18.80, Airport Safety Combining Zone Chapter 18.116, Supplementary Provisions Chapter 18.124, Site Plan Review Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS A. Location: The subject property has an assigned address of 21330 Young Ave, identified on County Assessor Tax Map 16-12-11 as Tax Lot 800. B. Lot of Record: Deschutes County recognizes this subject property as two (2) legal pursuant to the findings in Section III (A) below 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 i1 (541) 388-6575 @ cdd@)deschutes .org www.deschutes org/cd Bend, and is lots of record, C. Zoning: The property is zoned Exclusive Farm Use — Tumalo/Redmond/Bend (EFUTRB), and is included in the Airport Safety Combining Zone (AS). Additionally, it is designated Agriculture on the Deschutes County Comprehensive Plan. D. Proposal: The applicant requests an Administrative Determination and Site Plan approval to establish a marijuana production and processing facility consisting of four (4) new buildings, each approximately 5,200 square feet in size, and the conversion of an existing 1,200 -square -foot structure to an accessory operations building. In total, the four (4) buildings would include 22,000 square feet of production and processing area. The proposed buildings will contain a total of approximately 9,800 square feet of mature canopy area. E. Site Description: The subject property is 62.61 acres in size. The property is flat, fronts on Young Avenue, and is currently developed with a dwelling, a large barn, and 4 accessory farm structures. All structures are located in the southwestern portion of the property. Of the remaining land, 44.5 acres in the central portion of the property is used for irrigated pasture and the rest remain as native vegetation. The Pilot Butte irrigation canal passes through the southeastern portion of the property. Subject Property F. Public Agency Comments: As the applicant submitted the marijuana production and marijuana processing applications separately, the Planning Division mailed two (2) Notice of Applications and received comments from the following agencies: Central Oregon Irriaation District: COID FACILITIES: 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 2 • COID has three canals on subject's property o The PBC canal has a 100' canal right of way along with a road right of way of 20' on the east of canal o The A-21 canal has a right of way of 20' along with a road right of way of 20' on the east side of the canal o A-21-2 has a 20' canal right of way • No permanent structures are allowed within COID's right of way • A crossing license is required to cross a COID facility. COID WATER RIGHTS: • Subject's property has 51.0 acres of COID water rights • Please contact COID concerning use of water rights • COID requests a site plan COID GUIDELINE STATEMENT • Review the following statement COID response to Community Development Notice for Proposed Marijuana Production: Central Oregon Irrigation District (COID) serves this property with 51.0 acres of irrigation water during the irrigation season of April lst through October 31st at a rate of up to 6 gallons per minute per acre. This water cannot be used for irrigation during the winter months. An additional source (not COID) of water is necessary to irrigate between November 1st and March 31. 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. [STAFF COMMENT]: COID also submitted a color map depicting irrigated lands on the subject property (see Attachment A). Central Electric Cooperative: CEC requests the applicants apply for a new electrical service by calling Bob Fowler at 541-312- 7778 and provide electrical load and demand requirements for this activity's. CEC will determine if capacity is available. Deschutes County Building Division: The Deschutes County Building Safety Divisions code required Access, Egress, Setback, Fire & Life Safety Fire Fighting Water Supplies, etc. will be specifically addressed during the plan review process for any proposed structures and occupancies. All Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Deschutes County Senior Transportation Planner. Peter Russell: I have reviewed the transmittal materials for 247-17-000905 for a marijuana production (growing) and processing operation in the Exclusive Farm Use (EFU) and Airport Safety (AS) zones at 21330 Young Avenue, aka 16-12-11, Tax Lot 800. The proposal will establish four (4) new buildings of 5,964 square feet each and convert an 1,200 -square -foot building to an accessory operations 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP building. As I understand it, this application supplants 247 -17 -000 -939 -AD, which is on the same property. Deschutes County Code (DCC) at 18.116.330(8)(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 9,800 square feet of mature canopy, so the access requirement does apply. The traffic study requirements of DCC 18.116.310 are applicable for this marijuana production and processing operation as the application is going through site plan review and thus does need to show compliance with DCC 18.124.080(J), which references the County's traffic study requirements described below. The most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Handbook does not contain a category for marijuana production. In consultation with the Road Department Director and Planning staff, the County has determined the best analog use is Warehouse (Land Use 150) based on the storage requirements and employees of this activity. Warehouse generates daily trips at a rate of 3.56 trips per 1,000 square feet. The application indicates the site will use 23,856 square - feet of greenhouses for cannabis production (5,964 X 4). The resulting trip rate would be 85 daily trips (3.56 X 23.856). For cannabis processing, the County uses the ITE code for Manufacturing (Land Use 140), which has a daily trip rate of 3.82 trips per 1,000 square feet. The 1,200 -square - foot greenhouse will produce 4.6 daily trips (3.82 X 1.2). The combined production and processing will generate 89.6 daily trips (85 + 4.6). Deschutes County Code (DCC) at 18.116.310(C)(3)(b) states a traffic analysis is needed if there are between 50 and 200 new weekday trips generated from the use. The proposed land use will meet this minimum threshold for additional traffic analysis. The traffic analysis is based on p.m. peak hour trips. Warehouse generates at 0.32 trips per 1,000 square feet, which results in 7.6 p.m. peak hour trips (23.856 X 0.32) for production. Light Industrial generates 0.73 p.m. peak hour trips per 1,000 square feet, which results in 0.88 p.m. peak hour trips (1.2 X 0.73) for processing. The total p.m. peak hour trips for this use would be 8.48 p.m. peak hour trips (7.6 + 0.88). If the property does not already have one, the applicant should be required to obtain a driveway permit for this site. The property lies approximately 24,866 feet to the south-southwest of the Redmond Airport. The proposed buildings are 16 feet in height and the zoning allows 30 feet; this means no buildings will penetrate any imaginary surfaces related to the Redmond Airport. Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $3,937 per p.m. peak hour trip. The ITE rates quoted above are used to determine the SDC. The SDC for growing would be $29,921 ($3,937 X 7.6 p.m. peak hour trips). The SDC for processing would be $3, 465 (0.88 X $3, 937). Thus the total applicable SDC for growing and processing would be $33, 386 ($29,921 + $3,465). 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. Site Traffic Report Evaluation: On December 26, 2017 the applicant submitted a supplemental Site Traffic Report (STR) from a certified engineer to more thoroughly evaluate the traffic impacts and trip generation rate associated with the proposed development. In response to the STR, the County's Senior Transportation Planner provided the following: I have reviewed the requested Site Traffic Report (STR) for 17-940-SP/939-AD, which is a proposed marijuana production (growing) and processing operation in the Exclusive Farm Use (EFU) and 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 4 Airport Safety (AS) zones at 21330 Young Avenue, aka 16-12-11, Tax Lot 800. According to the STR, the operation will result in 20,832 square feet of marijuana production and convert a 1,200 - square -foot building to an accessory operations building for processing. 1 agree with the STR's methodologies, assumptions, and recommendations. If the property does not already have one, the applicant should be required to obtain a driveway permit for this site to conform with DCC 17.48.210(A). The property lies approximately 24,866 feet to the south-southwest of the Redmond Airport. The proposed buildings are 16 feet in height and the zoning allows 30 feet; this means no buildings will penetrate any imaginary surfaces related to the Redmond Airport. Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $3,937 per p.m. peak hour trip. The Board in a policy decision in early 2017 decided to use the ITE rate for Warehouse (LU 150) for marijuana production and Manufacturing (LU 140) for processing. The County has not yet updated its trip generation rates to reflect the 10th edition of the ITE manual. The County's adopted rates are from the 9th edition, hence the discrepancy between the County's SDC rate and the applicant's STR for p.m. peak hour trips. The SDC for growing would be 6.7 p.m. peak hour trips (20.832 X 0.32) for an SDC of $26,378 ($3,937 X 6.7 p.m. peak hour trips). The SDC for processing would be 0.9 p.m. peak hour trips (1.2 X 0.73) for an SDC of $3, 543 (0.9 X $3, 937). Thus the total applicable SDC for growing and processing would be $29,921 ($26,378 + $3,543). 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. Oregon Department of Agriculture: The application does not state what type of marijuana processing will occur. Please be advised that marijuana processing facilities that produce food/beverage items and/or ingredients/extracts that can be consumed are subject to licensing and inspection by Oregon Dept. of Agriculture's Food Safety Program. If any food/beverage items and/or ingredients/extracts that can be consumed are produced at this location then the processing facility must meet minimum construction requirements as specified in 21 CFR 110/117. Proper construction must be verified, products evaluated for any significant food safety risk factors which may be present, and the license fee paid before the food processing firm is approved to operate. The applicant is encouraged to contact Jon Harrang, ODA Food Safety Program for assistance in walking through the plan review and buildout process. Mr. Harrang may be reached by calling 541-923-0754 or by email at iharranqaoda.state.or.us Redmond Fire and 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(d redmondfireandrescue.orq Note: All fire code requirements must be met for the processing facility. Not enough information provided to give accurate comments. WATER: Area without Fire Hydrants: • NFPA 1142 Requirements o 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. o Note: The following information will need to be provided in order to determine accurate water flow requirements. ■ Building height, length and width 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 5 • Use of the building • Type of construction • 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 o 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 o 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. o Separate permits will be required for the aboveground sprinkler system and the underground sprinkler supply line(s). o If there are greater than 20 sprinkler heads, the system is required to have a fire alarm monitoring system. o 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. o 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. o 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 o 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 8, Appendix D o 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. o 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. o 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. o The required turning radius of a fire apparatus access road shall be 30 feet inside and 50 feet outside. o 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 o 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 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 6 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. • Recommended to also (in addition to Fire lane signs) paint fire lane curbs in bright red paint with white letters. o Appendix D Section 103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane signs posted on both sides of a fire lane. o 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 o 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 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 o 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. o 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 o The fire code official is authorized 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 o Minimum 20 feet wide. o Gates shall be swinging or sliding type. o Shall be able to be manually operated by one person. o Electric gates shall be equipped with a means of opening by emergency personnel & approved by fire official. o 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. o Section 503.3: Install a sign on the gate "No Parking -Fire Lane" • Key Boxes — 2014 OFC Section 506.1 o 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 o Buildings exceeding three stories or 30 feet in height shall have at least 2 means of fire apparatus access for each structure. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 7 Where 2 access roads are required, they shall be placed not less than 72 the length of the overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. The following agencies either had no comment or did not respond to the notice: Deschutes County Assessor, Deschutes County Environmental Soils Division, and Deschutes County RoadDepartment. G. Public Comments: The Planning Dvision mailed written notices of thoaeaut|onmtopnopaMyoxvnere within 750 feet of the subject property on November 15th and November 21st, 2017, respectively. The following concerns were expressed in three comment letters which staff received from the public. All three of the letters opposed the subject pvopoaa|, with minor comments related generally to the County's marijuana regulations. In summary, staff has attempted to capture most /nnpaoto, comments, requests, and concerns identified by the public in written comments received prior to the date of this decision: 1. General concerns regarding the subject proposal's impacts, including: • Odor • Noise • Water use • Access • Traffic 2. Owner -occupied versus empIoyeeoccupied use of the subject property for industrial farming operations. 3. Concerns regarding water impacts to shared wells on the subject property. 4. General concerns regarding impacts from other existing marijuana grows, including: • [)dor • Water use • Traffic 5. Lowered property values related to marijuana production. U. Removal of marijuana production facilities and structures after the use has ceased on site. 7. Insufficient separation distances between marijuana production facilities and neighboring residences. 8. Water table dropping due to marijuana producers nearby. B. Lack of air quality standards for marijuana production from federal agencies such as the Environmental Protection Agency (EPA) The Deschutes County Code (DCC) would only allow the Planning Division (and any other Countyhearings body) to approve or deny this application based on the Applicable'Criteria addressed in Section 111 below. In regards to the other comments received, the applicant has requested approval of ma'uana production and processing inthe Emduo�eFarm Use Zone, xvhich/nause pennbtadouthghtin^DCC 18.16.020(S), and subject to the special provisions of DCC 18.16.025(1) and DCC 18.116.330. The County Commissioners constitute the Iegislative branch of Deschutes Countygov ernment and enact applicable law via ond|nmnoeo, which then are codified in the Deschutes County Code. Code. Staif only has the authority to enforce the law as it is currently written. Staff cannot revisit the propriety of the Commissioners' decision to adopt ordinances that allow marijuana production facilities in the EFU zone as an outright permitted use. 247'17 -000906 -AD. 17'938 -LR. 17-93S-AD.arid 17-Q4O-GP 8 H. Review Period: The applications for 17 -905 -AD and 17-938-LR/17-939-AD/17-940-SP were submitted on November 3rd and November 21st, 2017, respectively. The application for 17 -905 -AD was deemed incomplete on November 21t", 2017. The applicant submitted supplemental materials and the application was deemed complete on November 271H 2017. Additionally, on November 27th, 2017, the applicant requested the clock for file 17 -905 -AD be tolled until December 18th, 2017. Subsequently, on December 19th, 2017, the applicant requested that file 17 -905 -AD be placed on hold until files 17-938-LR/17-939-AD/17-940-SP were deemed complete. The application for 17-938-LR/17-939-AD/17-940-SP was deemed incomplete on December 19tH 2017. The applicant submitted supplemental materials and the application for 17-938-LR/17-939- AD/17-940-SP was accepted and deemed complete on December 26t", 2017. As a result of the above actions, day 1 of the 150 -day land use clock would have begun on December 27t", 2017 for all of the subject applications. However, as noted below, the applicant tolled the clock on December 27t" to address a code enforcement issue. The following timeline addresses additional review actions for the subject applications: • December 27th, 2017: the applicant requested the clock be tolled on all the subject applications until a pending code enforcement issue at the subject property was resolved. • January 4th, 2018: the applicant submitted for building permit 18 -068 -AGE, which resolved pending code enforcement issues. At this time, the applicant also requested processing to continue on the subject land use applications. As a result, day 1 of the 150 -day land use clock began on January 4t", 2018. • January 29th, 2018: the applicant requested the clock be tolled on all subject land use applications in order to gather supplementary materials to address ensuing Board of County Commissioners (BOCC) decisions addressing similar marijuana production/processing applications elsewhere in the County. As a result, a total of 25 days elapsed on the clock from January 4t" through January 28tH • March 15th, 2018: the applicant submitted all supplementary materials and requested processing continue on the above land use files. Based on the above timeline, the 150th day on which the County must take final action on these applications is July 17th, 2018. The applicant has also complied with the posted notice requirements of Section 22.24.030(B) of Title 22. The applicant has submitted Land Use Action Sign Affidavits for the applications dated November rand November 30th, 2017, indicating that the applicant posted notice of the land use actions on November 7th and November 30th, 2017 respectively. III. FINDINGS Title 22 Deschutes County Development Procedures Ordinance A. CHAPTER 18.04. TITLE, PURPOSE, AND DEFINITIONS "Lot of Record" means: A. A lot or parcel at least 5,000 square feet in area and at least 50 feet wide, which conformed to all zoning and subdivision or partition requirements, if any, in effect on the date the lot or parcel was created, and which was created by any of the following means: 1. By partitioning land as defined in ORS 92; 2. By a subdivision plat, as defined in ORS 92, filed with the Deschutes County Surveyor and recorded with the Deschutes County Clerk; 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 9 3. By deed or contract, dated and signed by the parties to the transaction, containing a separate legal description of the lot or parcel, and recorded in Deschutes County if recording of the instrument was required on the date of the conveyance. If such instrument contains more than one legal description, only one lot of record shall be recognized unless the legal descriptions describe lots subject to a recorded subdivision or town plat; 4. By a town plat filed with the Deschutes County Clerk and recorded in the Deschutes County Record of Plats; or 5. By the subdividing or partitioning of adjacent or surrounding land, leaving a remainder lot or parcel. B. Notwithstanding subsection (A), a lot or parcel validated pursuant to ORS 92.176 shall be recognized as a lot of record. C. The following shall not be deemed to be a lot of record: 1. A lot or parcel created solely by a tax lot segregation because of an assessor's roll change or for the convenience of the assessor. 2. A lot or parcel created by an intervening section or township line or right of way. 3. A lot or parcel created by an unrecorded subdivision, unless the lot or parcel was conveyed subject to DCC 18.04.030(B). 4. A parcel created by the foreclosure of a security interest. For the purposes of DCC Title 18, "lot" or "parcel" means a lot of record as defined DCC18.04.030. FINDING: The subject property, Tax Lot 800 contains 62.61 acres and is approximately 250 -feet wide at the narrowest point. The southern 40 acres of the subject property was first conveyed as a separate parcel via Quitclaim Deed dated August 5th, 1941 recorded in Volume 126, Page 640, Deschutes County Book of Records. Subsequently, one adjacent property to the southwest of the subject property was conveyed as a separate parcel via Quitclaim Deed dated November 16th, 1953 recorded in Volume 105, Page 474, Deschutes County Book of Records. Subsequently, three properties, two which two of which encompass the subject property, were described separately in a single Warranty Deed dated June 24th, 1957 recorded in Volume 116, Page 456, Deschutes County Book of Records. Furthermore, four properties, two of which encompass the subject property, were described separately in a single Bargain and Sale Deed dated April 29th, 1964 recorded in Volume 139, Page 72, Deschutes County Book of Records. Regarding multiple property conveyances and consolidations within a single deed, staff cites Land Use Board of Appeals file no. 2016-056, which found: "Returning to the more familiar realm of land use law, the board of county commissioners found that under the DCC, consolidation of discrete lots or parcel can be accomplished only by means of a county process that requires county land use approval. Petitioner offers no focused challenge to that understanding of the DCC, and provides no basis for LUBA to reject that interpretation, under the deferential standard of review at ORS 197.829(1) that LUBA must apply to a governing body's interpretation of local land use legislation. The 1988 quitclaim deed, whatever else it accomplished, did not serve as a surrogate for any county process, with county approval, which could have led to the consolidation of existing parcels." Staff finds that the above decision applies to the current Lot of Record analysis and that the 1957 and 1964 deeds did not serve to consolidate the referenced properties therein. Additionally, staff notes that the 1957 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 10 deed established the first conveyance of the northern 23.75 acres of the subject property as a separate parcel. Finally, another property to the southeast of the subject property was conveyed as a separate parcel via Bargain and Sale Deed dated October 23rd, 1975 recorded in Volume 225, Page 423, Deschutes County Book of Records. This property was also included in the 1957 and 1964 deeds which conveyed the two tracts comprising the subject property. At the time of these conveyances, no zoning requirements applied to the subject properties. The net result of these actions is the creation of two separate parcels comprising the current subject property via deed conveyance. Therefore, Tax Lot 800 is recognized as two (2) legal Tots of record (see figure below). x 14'4' 21330 Young Ave Legal Lot #2 1 l.:.l: dl11:1t7♦ 21330 Young Ave Legal Lot #1 l / Title 18 of the Deschutes County Code, County Zoning A. Chapter 18.16, Exclusive Farm Use Zones 1. Section 18.16.020. Use Permitted Outriaht. The following uses and their accessory uses are permitted outright: S. Marijuana production, subject to the provisions of DCC 18.116.330. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 11 FINDING: The proposed marijuana production facility is permitted outright in the EFU zones, subject to the provisions of DCC 18.116.330, which are reviewed below. 2. Section 18.16.025. Uses Permitted Subiect to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chanter 18.124 where applicable. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141, if the facility is located on a farm operation that provides at least one- quarter of the farm crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038. FINDING: The applicant has proposed a facility for the processing of marijuana as a farm crop. As a condition of approval, the applicant shall assure that at least one-quarter of the farm crops processed at the facility in any calendar year, measured by weight, are produced at the farm operation on the subject property. In addition, the applicant shall provide to the Planning Division written documentation of compliance with the requirement in paragraph DCC 18.16.025(1) by submitting processed crop summaries to the Planning Division on request, and no less frequently than on an annual basis by January 31st of each year. The following condition of approval has been added to ensure compliance. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. 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: 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. 1. If a building is established or used for the processing facility or establishment, the farm operator may not devote more than 10,000 square feet of floor area to the processing facility or establishment, exclusive of the floor area designated for preparation, storage or other farm use. FINDING: The applicant is proposing up to convert an existing 1,200 -square -foot farm building to be used as a structure for processing marijuana. This criterion will be met. 2. A processing facility or establishment must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 12 FINDING: Staff finds that the processing facility, as proposed and conditioned, can comply with all applicable siting standards identified in this decision and that these applicable standards have not been be applied in a manner that prohibits the siting of the processing facility. 3. The County shall not approve any division of a lot or parcel that separates a processing facility or establishment from the farm operation on which it is located. FINDING: No division of a lot or parcel is proposed. L. Marijuana processing, subject to the applicable provisions of DCC 18.16.025(1) and 18.116.330. FINDING: The applicant is proposing Marijuana Processing on the subject property, a use permitted subject to compliance with the applicable provisions of DCC 18.16.025(1), 18.116.330, additional sections of 18.16 identified below, and relevant sections 18.124. Compliance with these provisions is addressed in this decision. 3. 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. FINDING: The proposed structures are all approximately 16 feet in height. The existing structure that is proposed to be converted is 12 feet in height. This criterion will be met. 4. Section 18.16.070. Yards. A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The subject property consists of two (2) legal lots, which front on and obtain access from Young Ave. The southern property line is the front lot line. Young Avenue is a county -maintained rural local road and the required front yard setback is 40 feet. The proposal is to construct four (4) new structures for marijuana production on the southern legal lot, approximately 50 feet east of the existing agricultural development on site. Additionally, the existing 1,200 -square -foot, northern -most agricultural building on site will be converted to accommodate the proposed marijuana processing facility. The submitted plot plan indicates the structures will be a minimum of 225 feet from the southern front property line. The proposal is not for a non-farm dwelling, therefore, the required side and rear yard setbacks are 25 feet. The submitted plot plan indicates an eastern side yard setback minimum of 460 feet, a western side yard setback minimum 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 13 of 365 feet, and a northern rear yard setback of over 900 feet. The required yard setbacks of subsections A, B, and C will be met. 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 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 within the approach surface of the Redmond Municipal Airport. Therefore, the provisions of this chapter apply. 2. Section 18,80.028. Height Limitations, All uses permitted by the underlying zone shall comply with the height limitations in DCC 18.80.028. When height limitations of the underlying zone are more restrictive than those of this overlay zone, the underlying zone height limitations shall control. [ORS 836.619; OAR 660-013-0070] A. Except as provided in DCC 18.80.028(B) and (C), no structure or tree, plant or other object of natural growth shall penetrate an airport imaginary surface. [ORS 836.619; OAR 660-013-0070(1)] FINDING: The subject property is located under the approach surface of the Redmond Airport. The proposed marijuana production and processing buildings will have a maximum elevation of 3,190 feet above sea level. Per DCC 18.80.022, the approach surface for the Redmond Airport above the subject property has an approximate elevation of 3,712 feet. Therefore, staff finds the proposed development will not penetrate the imaginary surfaces. This criterion will be met. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 14 3. Section 18.80.044. Land Use Compatibility.. 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 applicant does not propose any outdoor lighting with the current development. 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: The application materials did not indicate the proposed building materials. To ensure that compliance is maintained, the following condition of approval has been added. Airport Safety Glare: No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of the proposed structures. 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 industrial use (marijuana processing) will not cause emissions of smoke, dust, or steam that could obscure visibility within the airport approach surface for the Redmond Municipal Airport. This criterion will be met. F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach Surface, and Airport Direct and Secondary Impact Areas. For the Redmond, Bend, Sunriver, and Sisters airports, the land uses identified in DCC 18.80 Table 1, and their accessory uses, are permitted, permitted under limited circumstances, or prohibited in the manner therein described. In the event of conflict with the underlying zone, the more restrictive provisions shall control. As used in DCC 18.80.044, a limited use means a use that is allowed subject to special standards specific to that use. FINDING: The subject property is not within the RPZ for the Redmond Municipal Airport. This criterion does not apply. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 15 4. Section 18.80.050. Uses Permitted Outriaht. Any uses permitted outright in the underlying zone with which the AS Zone is combined shall be allowed except as provided in DCC 18.80.044. FINDING: The applicant is proposing marijuana production and processing in the EFU Zone. The proposed marijuana production is permitted outright in the EFU Zone subject to the provisions of DCC 18.116.330. Additionally, the proposed marijuana processing is permitted subject to compliance with the applicable provisions of DCC 18.16.025(1), 18.116, and relevant sections of 18.124. Compliance with these provisions is addressed in this decision. Therefore, the proposed uses are allowed outright in the AS Combining Zone. C. Chapter 18.116, Supplementary Provisions Section 18.116.020. Clear Vision Areas. A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the grade. B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in DCC 18.116.020(6)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County: 1. In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. 2. In all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows: Right -of -Way Width 80 feet or more 1 60 feet 1 50 feet and less 1 Clear Vision 20 feet 30 feet 40 feet FINDING: The subject property is not located at the intersection of two streets or a street and a railroad. This criterion does not apply. 2. Section 18.116.030. Off -Street Parkin° and Loadina. A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 16 unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. B. Off -Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Berths Required Less than 5,000 0 5,000-30,000 1 30,000-100,000 2 100,000 and Over 3 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Berths Required Less than 30,000 0 30,000-100,000 1 100,000 and Over 2 3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased. FINDING: Staff identifies the processing of marijuana as an industrial use. The applicant proposes marijuana processing in an existing 1,200 -square -foot agricultural building site. Per the table above, the applicant's proposal will not meet the minimum floor area threshold requiring a loading berth. These criteria will be met. 4. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use. FINDING: No elimination of a loading space is proposed. 5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. FINDING: The following condition of approval has been added to ensure compliance. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 17 Off -Street Parking: Any off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. D. Number of Spaces Required. Off-street parking shall be provided as follows: 7. Industrial. Use Manufacturing establishment Storage warehouse, wholesale establishment, rail or trucking freight terminal Requirements 1 space per employee on the largest working shift 1 space per 2,000 sq. ft. of floor area FINDING: The applicant proposes marijuana processing in an existing 1,200 -square -foot agricultural building. Staff finds the proposed processing operations are considered an industrial use requiring 1 space per employee on the largest working shift, as detailed in the table above. The applicant provides the following information related the largest shift sizes proposed on site: "...assuming the maximum seasonal employee count is 15, with no more than 10 on shift, 10 spaces are required. Therefore the required number of parking spaces for the production and processing use has been satisfied as 10 standard parking spaces are shown on the submitted site plan." Additionally, the existing single family dwelling on site is served by two parking spaces within a carport directly adjacent to the dwelling. Staff finds that the applicant's proposal is sufficient to meet the above criteria. To ensure that compliance is maintained, the following condition of approval has been added Maximum Shift Size for the Proposed Use: The maximum number of employees allowed on site to support the proposed marijuana production and processing use shall not exceed 10 persons on any given shift. E. General Provisions. Off -Street Parking. 1. More Than One Use on One or More Parcels. In the event several uses occupy a single structure or parcel of land, the total requirement for off- street parking shall be the sum of requirements of the several uses computed separately. FINDING: The existing dwelling does not have parking requirements. The only other use proposed on site is marijuana production, which also does not have parking requirements. Additionally, no other uses or businesses will be sharing the proposed off-street parking spaces. Therefore, these criteria are not applicable. 2. Joint Use of Facilities. The off-street parking requirements of two or more uses, structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 18 by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap at any point of time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidence by a deed, lease, contract or other appropriate written document to establish the joint use. FINDING: As noted above, no existing or proposed uses other than the processing facility, have parking requirements. Therefore, this criterion is not applicable 3. Location of Parking Facilities. Off-street parking spaces for dwellings shall be located on the same lot with the dwelling. Other required parking spaces shall be located on the same parcel or another parcel not farther than 500 feet from the building or use they are intended to serve, measured in a straight line from the building in a commercial or industrial zone. Such parking shall be located in a safe and functional manner as determined during site plan approval. The burden of proving the existence of such off -premise parking arrangements rests upon the applicant. FINDING: All required parking spaces are located on the same parcel and are located no more than 500 feet from the proposed processing area on site. 4. Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use. FINDING: A condition of approval has been added to ensure compliance. 5. Parking, Front Yard. Required parking and loading spaces for multi- family dwellings or commercial and industrial uses shall not be located in a required front yard, except in the Sunriver UUC Business Park (BP) District and the La Pine UUC Business Park (LPBP) District and the LaPine UUC Industrial District (LPI), but such space may be located within a required side or rear yard. FINDING: No parking is proposed in a required front yard. 6. On -Street Parking Credit. Notwithstanding DCC 18.116.030(G)(2), within commercial zones in the La Pine Planning Area and the Terrebonne and Tumalo unincorporated communities, the amount of required off-street parking can be reduced by one off-street parking space for every allowed on -street parking space adjacent to a property up to 30% of the required off-street parking. On -street parking shall follow the established configurations in the parking design standards under DCC 18.116.030 Table 1. To be considered for the parking credit, the proposed parking surface, along the street frontage under review, must have a defined curb line and improved as required under DCC 17.48, with existing pavement, or an engineered gravel surface. For purposes of establishing credit, the following constitutes an on -street parking space: a. Parallel parking (0 degree), each 20 feet of uninterrupted curb; b. Diagonal parking (60 degree), each with 11 feet of curb; 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 19 c. Perpendicular parking (90 degree), each with 10 feet of curb; d. Curb space must be connected to the lot that contains the use; e. Parking spaces that would not obstruct a required clear vision area, nor any other parking that violates any law or street standard; and f. On -street parking spaces credited for a specific use may not be used exclusively by that use, but shall be available for general public use at all times. No signs or actions limiting general public use of on -street spaces are permitted. FINDING: No on -street parking credit under this section is proposed. F. Development and Maintenance Standards for Off -Street Parking Areas. Every parcel of land hereafter used as a public or private parking area, including commercial parking lots, shall be developed as follows: 1. Except for parking to serve residential uses, an off-street parking area for more than five vehicles shall be effectively screened by a sight obscuring fence when adjacent to residential uses, unless effectively screened or buffered by landscaping or structures. FINDING: The applicant proposes a 10 -vehicle parking area. Adjacent residential uses lie approximately 475 feet southwest, 1,100 feet west, and 1,800 feet southeast of the proposed marijuana processing on the subject property. The applicant proposes a 5 -foot wide landscaping strip consisting of trees and shrubs along the western edge of the parking area. Additionally, several existing agricultural buildings, the single family dwelling onsite, and existing vegetation adjacent to the residence provide screening to the south and south east of the proposed parking area. These features will provide sufficient buffering to the adjacent residential uses. This criterion will be met. 2. Any lighting used to illuminate off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in a residential zone. FINDING: The applicant does not propose outdoor lighting to illuminate the off-street parking area. This criterion does not apply. 3. Groups of more than two parking spaces shall be located and designed to prevent the need to back vehicles into a street or right of way other than an alley. FINDING: The applicant's proposed parking area is located over 200 feet from the nearest street or right of way. Staff finds this distance will preclude the need for vehicles to back onto Young Avenue. This criterion will be met. 4. Areas used for standing and maneuvering of vehicles shall be paved surfaces adequately maintained for all weather use and so drained as to contain any flow of water on the site. An exception may be made to the paving requirements by the Planning Director or Hearings Body upon finding that: a. A high water table in the area necessitates a permeable surface to reduce surface water runoff problems; or b. The subject use is located outside of an unincorporated community and the proposed surfacing will be maintained in a manner which will not create dust problems for neighboring properties; or 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 20 c. The subject use will be in a Rural Industrial Zone or an Industrial District in an unincorporated community and dust control measures will occur on a continuous basis which will mitigate any adverse impacts on surrounding properties. FINDING: The subject property is located outside of an unincorporated community. The applicant proposes to develop the parking area with a 6 -inch layer of compacted aggregate which will provide all weather access and minimize dust produced on site. The following condition of approval has been added to ensure compliance. Paving and Aggregate: The applicant shall maintain areas used for standing and maneuvering of vehicles with 6 inches of aggregate and in a manner which will not create dust problems. 5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering. FINDING: The applicant proposes an access aisle 24 -feet wide. Staff finds this aisle will allow adequate space for vehicle maneuvering and turning. This criterion will be met. 6. Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the minimum that will accommodate and serve the traffic anticipated. Service drives shall be clearly and permanently marked and defined through the use of rails, fences, walls or other barriers or markers. Service drives to drive in establishments shall be designed to avoid backing movements or other maneuvering within a street other than an alley. FINDING: The applicant proposes to use the existing single drive approach from Young Avenue. Staff finds the existing access drive will provide adequate safety to any pedestrians on site, while also maximizing vehicular traffic access. The access drive is defined by existing agricultural structures, the single family dwelling, and fencing on the western boundary. There are no proposed pedestrian crosswalks through the parking area as pedestrian access to the remaining portions of the property is provided north and east of the proposed parking site. As no additional traffic access points are proposed, staff finds the minimum number which can accommodate the anticipated need has been met. 7. Service drives shall have a minimum vision clearance area formed by the intersection of the driveway centerline, the street right of way line and a straight line joining said lines through points 30 feet from their intersection. FINDING: Through review of the submitted site plan, staff finds that the existing driveway for the subject property has a minimum clear vision area exceeding 30 feet from the intersection of the driveway centerline and the right of way for Young Avenue. This criterion will be met. 8. Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail placed to prevent a motor vehicle from extending over an adjacent property line or a street right of way. FINDING: The applicant's proposed parking area is not adjacent to the subject property lines or a street right of way. This criterion does not apply. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 21 G. Off -Street Parking Lot Design. All off-street parking lots shall be designed subject to County standards for stalls and aisles as set forth in the following drawings and table: (SEE TABLE 1 AT END OF CHAPTER 18.116) 1. For one row of stalls use "C" + "D" as minimum bay width. 2. Public alley width may be included as part of dimension "D," but all parking stalls must be on private property, off the public right of way. 3. For estimating available parking area, use 300-325 square feet per vehicle for stall, aisle and access areas. 4. For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls do not exceed 30 percent of the total required stalls. A compact stall shall be eight feet in width and 17 feet in length with appropriate aisle width. FINDING: The applicant's 10 proposed parking spaces will each be 9 -feet wide, 20 -feet deep, and will be accessed via a 24 -foot access aisle. Staff finds that these proposed dimensions will be sufficient to meet the standards addressed in DCC 18.116.030(g)(1). This criterion will be met. 3. Section 18.116.031. Bicycle Parking. New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031. A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. c. When the proposed use is located outside of an unincorporated community, a destination resort, and a rural commercial zone, exceptions to the bicycle parking standards may be authorized by the Planning Director or Hearings Body if the applicant demonstrates one or more of the following: i The proposed use is in a location accessed by roads with no bikeways and bicycle use by customers or employees is unlikely. ii. The proposed use generates less than 50 vehicle trips per day. Hi. No existing buildings on the site will accommodate bicycle parking and no new buildings are proposed. iv. The size, weight, or dimensions of the goods sold at the site makes transporting them by bicycle impractical or unlikely. v. The use of the site requires equipment that makes it unlikely that a bicycle would be used to access the site. Representative examples would include, but not be limited to, paintball parks, golf courses, shooting ranges, etc. FINDING: Staff finds that the applicant's proposal is outside an unincorporated community, in a location where bicycle access by employees is unlikely and the proposed facility will not be accessible to the general public or customers. Additionally, staff notes the applicant submitted a supplementary Site Traffic Report which found that the proposed uses will generate less than 50 vehicle trips per day. For these reasons, bicycle parking is not required. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 22 4. Section 18.116.035. Bicycle Commuter Facilities. A. Each commercial or public building having a work force of at least 25 people shall have bicycle commuter facilities consisting of shower(s) and changing rooms(s). For facilities with more than one building (such as a college), bicycle commuter facilities may be located in a central location. B. This provision shall apply to (1) new development requiring off-street parking and (2) any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for after the effective date of Ordinance 93-005. FINDING: The criteria of these two sections are not applicable because the facility does not require bicycle parking pursuant to DCC 18.116.031(A)(1)(c). 5. Section 18.116.330. Marijuana Production. Processing, and Retailing A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones. 2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant has proposed Marijuana Production and Processing 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 subject property consists of two (2) legal lots of record, 40 acres and 23.75 acres in size respectively. The proposed marijuana production and processing facilities will be located on the southern 40 -acre parcel. This standard is met. 2. Indoor Production and Processing. .•. 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 and processing will occur within four planned agricultural structures and one existing agricultural structure, complying with these criteria. Staff includes the following condition of approval to ensure compliance with the requirements of this section. No Outdoor Production: Marijuana production is prohibited in any outdoor area. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 23 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: 1. The marijuana production operation was lawfully established prior to January 1, 2015; and 11. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. FINDING: The applicant has proposed a maximum of 9,800 square feet of mature plant canopy area, as allowed under section (c) for properties 20 to 40 acres in lot area. 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 not located in the MUA-10 Zone. This criterion does not apply. 5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot. FINDING: The proposal includes only one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production site. This criterion will be met. 6. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. 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 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 24 demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. FINDING: The plot plan indicates the existing structures to be used for marijuana production and processing are more than 100 feet from all property lines and more than 300 feet from all dwellings on neighboring properties. This criterion will be met. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 feet from: 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; A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and v. National monuments and state parks. b. For purposes of DCC 18.116.330(6)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(6)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(6)(7) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or Lawfully established. FINDING: The applicant states the subject property exceeds these separation distance requirements. There are 24 tax lots wholly or partially within 1,000 feet of the subject property. According to staff review of Deschutes County records, none of these properties appear to have a use described in this section or are subject to subsection (c). These criteria will be met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: 1. Be on a form provided by the County and shall contain the following information; 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 25 ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; 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: As discussed above, the applicant proposes a maximum mature plant canopy size of 9,800 square feet, therefore, these criteria apply. The property has frontage on and direct access from Young Avenue, a constructed County road. The applicable criterion above is met. 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 states the proposed marijuana production and processing facility will utilize five (5) buildings which will be fully enclosed and will not omit any light during any hour of the day or night. The main access doors to a staging area will be fitted with translucent panels to allow natural light to penetrate, but this area will not host lighting which may exit the structure. The applicant further states that any external lighting will be provided by "sconce" style fixtures and will be shielded in compliance with DCC 15.10. Staff finds these criteria will be met and adds the following condition to ensure compliance with the requirements of this section. Lighting.: The following lighting standards shall be met: (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; and (c) 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(B)(10), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall: 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 26 i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by (i) above. e. The system shall be maintained in working order and shall be in use. FINDING: The applicant submitted a site-specific report prepared by Oregon -licensed Mechanical Engineer Rob James, PE of ColeBreit Engineering. The report states the following in regards to the odor control systems proposed for the subject property: The odor control system will consist of activated carbons filters attached to inline fans that recirculate air within each structure. The capacity of this carbon filtration system will be no less than the volume of the space divided by three, in accordance with DCC 18.116.330(8)(10)(d). Space volumes and fan recommendations are tabulated below. Any similar carbon filtration system with equal or greater capacity may be used. Several sizes of Can -Filter will suffice, although we recommend Can 150 filters. Room Flower 1 Flower 2 Vegetation Staging Length (ft) 41 41 24 18 Room Req -d CFM Flower 1 Flower 2 Vegetation Staging 7,462 7,462 4,160 3,120 Width (ft) 42 42 40 40 Fan Selection 12" Max -Fan 12" Max -Fan 12" Max -Fan 12" Max -Fan Avg. Height (ft) 13 13 13 13 # of Fans 5 5 3 2 Volume 22,386 22,386 12,480 9,360 Total CFM 7,975 7,975 4,785 13,190 Surplus CFM 513 513 625 70 This system will satisfy code and mitigate all odor leaving the building. Maintenance for this system will be in accordance with manufacturer instructions: "The life of a filter is determined by the concentration of the contaminant, the relative humidity and the volume of air being cleaned. Unfortunately, there is no indicator light on the filter that tells you when it is ready to be replaced. Typically 12-18 months is expected of the Original Can -Filter, although many of them have lasted much longer." Staff finds these criteria will be met when the applicants install the odor control systems as specified in the mechanical engineer's report, and adds the following condition to ensure ongoing compliance with the requirements of this section. Odor: The proposed odor control system must at all times prevent unreasonable interference with neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 27 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 site-specific report prepared by Oregon -licensed Mechanical Engineer Rob James, PE of ColeBreit Engineering. The report states the following in regards to the noise control systems proposed for the subject property: Based on a TRANE 4TWA4 5 -ton heat pump, the sound power level of each outdoor unit is 74 dBA. By staggering the 12 -on, 12 -off operation schedule of these structures, 26 of these units will be running simultaneously, 13 on each side. The calculated sound pressure level of 26 units running simultaneously is 88 dBA. Under the assumptions of an 88 dBA point source of noise from the closest point of the structure to each property line, and a ground factor of 1 due to sand and light vegetation, the table below shows approximate sound pressures at each property line as calculated with the MAS Environmental Sound Calculator, with no sound mitigation. Property Line South West North East Distance from Sound Pressure at Sound Barrier Structures Property Line (dBA) Required 225 39.0 I As Shown 635' 29.1 I None 1,000' I 24.6 1 None 460' 1 32.2 1 As Shown Additionally, the east and west property lines will be protected by the buildings themselves acting as soundbarriers, lowering sound pressures further. A sound barrier 9.5' tall, spanning between the structures with no gaps will be required as follows: 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 28 >-- EXISTING BUILDINGS Proposed Equip Locations 460 Proposed Sound Barriers With this sound barrier in place, the calculated sound pressure at the south property line drops to 29.2 dBA. By considering the structures themselves as sound barriers, the calculated sound pressure at the east line drops to 16.5 dBA. Staff finds these criteria will be met when the applicants install the mechanical equipment as specified in the mechanical engineer's report, and adds the following condition to ensure ongoing compliance with the noise requirements of this section. Noise: Sustained noise from mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. 12. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 29 c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of-way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. FINDING: The subject property is not in the Landscape Management or the Wildlife Area Combining Zone. No fencing or razor wire is proposed as a part of the development. The property is flat and is mostly comprised of irrigated pasture. It has few, if any, trees or vegetated areas to retain that would to screen the proposed structures from view from the public right of way and adjacent properties. Staff finds these standards can be met and adds the following condition to ensure compliance with the requirements of this section. 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. 13. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. FINDING: The subject property is served with 51.0 acres of irrigation from COID (see Attachment A). The applicant has included the water right certificate for this irrigation right, which highlights the irrigation season as April l st to October 31st. For periods of time outside of the irrigation season, the applicant proposes to have water delivered to the property by ABC Lightning LLC and stored on site in an existing cistern. The applicant submitted a letter from ABC Lightning stating they are willing and able to serve the farm use on this property with up to 12,000 gallons of water per month, which will be delivered in weekly increments of 3,000 gallons. The water delivered by ABC Lightning will be provided by Avion Water Company. The applicant submitted a letter from Avion which states the following: Avion Water Company, Inc. is willing and able to provide potable water to the above described production, provided all requirements by Avion Water Company are met and all monies due are paid in accordance with Avion's approved tariff. Avion is aware that the applicant intends to construct a cannabis production/processing facility and that the water will be used for agriculture purposes. Avion is also aware that the applicant plans on having Avion water delivered by ABC Lightning Water during the non -irrigation season months. The water usage for the above described production is estimated at 4,000 gallons per month. Avion has the capacity to meet the potential demand. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 30 In the recent Tewaltl decision, the Board clarified expectations regarding the water source that water suppliers are using: The record contains materials demonstrating the property may be served by Bend Water Hauling, LLC. The Board found that the application thereby met subpart b above. However, the record also contains materials questioning if Bend Water Hauling, LLC has the appropriate water rights to serve the proposed marijuana production use. The Board interpreted that the intention of verifying the public or private water provider as required by subpart b above is in part to ensure that applicant has access to a legal source of water that complies with all applicable state statutes and regulations. The Board thereby voted in favor of adding the following condition of approval to ensure ongoing compliance with DCC 18.116.330(8)(13): As an ongoing condition of approval, 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. In light of this Board decision, staff accepts Avion Water Company as an acceptable water source secondary to irrigation from COID, subject to the same condition of approval imposed in the Tewalt decision. Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district FINDING: The subject property is within the boundaries of the Redmond Fire and Rescue District. This criterion will be met. 15. Utility Verification. A statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. FINDING: The applicant submitted a "will serve" letter from the Central Electric Cooperative (CEC) dated July 27'h, 2017, including information identifying the use as marijuana production and that the electrical load can be provided for. The letter from CEC states: In response to your Inquiry, please be advised that the property located at T.16., R.12., Section 11, Tax Lot 800 in Deschutes County, Oregon, is within the service area of Central Electric Cooperative, Inc. Central Electric Cooperative has reviewed the provided load information (New 3,000 amp Three phase 480 volt service) associated with the submitted recreational marijuana 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. This is the only utility the proposal will utilize besides water, which is addressed above. As a condition of approval, the applicant shall establish the system upgrades identified by the Central Electric Cooperative prior to initiation of use. ' BOCC Document NW 2017-718, Planning Division File Ne 247-17-000723-A 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 31 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 agrees to comply with this standard. Staff adds the following condition to ensure compliance with the requirements of this section. Security Cameras: Security cameras shall be directed to record only the subject property and public rights- of-way, except as required to comply with requirements of the OLCC. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). FINDING: The applicant states that the site will be provided with 1-2 appropriate locking storage containers (see Attachment B) that will remain under the maintenance and supervision of the designated OLCC permit holder. Additionally, the applicant states the storage containers will be stored inside the production and processing buildings which are subject to the above mentioned odor mitigation requirements and additional security measures. Staff finds this criterion can be met and adds the following condition to ensure ongoing compliance with the requirements of this section. Waste: The marijuana waste buildings, and shall be in the receptacle shall be stored within the limited access areas within the production possession of and under the control of the OLCC licensee. 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: An owner of the subject property; A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or 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. a. b. c. FINDING: The subject property is not in the MUA-10 zone. This section does not apply. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. FINDING: The site is not currently used as a medical grow site. This criterion does not apply. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: 1. 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)(o), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 32 c. In the EFU, MUA-10, and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: 1. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. v. Public Parks. vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. FINDING: None of the prohibited uses have been proposed by the applicant. Staff adds the following condition to ensure ongoing compliance with the requirements of this section. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of 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. 11. 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 applicant has agreed to file the annual report each year in a timely manner. Staff adds the following condition to ensure compliance with the requirements of this section. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 33 D. Chapter 18.124, Site Plan Review 1. Section 18.124.030. Approval Reauired. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. B. The provisions of DCC 18.124.030 shall apply to the following: 1. All conditional use permits where a site plan is a condition of approval; 2. Multiple family dwellings with more than three units; 3. All commercial uses that require parking facilities; 4. All industrial uses; 5. All other uses that serve the general public or that otherwise require parking facilities, including, but not limited to, landfills, schools, utility facilities, churches, community buildings, cemeteries, mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards; and 6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining Zones (SMIA). FINDING: Marijuana Processing is an industrial use2, however the proposed processing represents a small fraction of the total use at the site, which is dominated by the existing farm use and the proposed Marijuana Production facility. Therefore, staff finds that the use of land is not primarily for the manufacture, processing, storage or wholesale distribution of products, goods or materials. The use is not a commercial use3. However, since the proposed processing is a use that requires parking facilities, site plan review is required for the processing use only. 2. Section 18.124.060. Approval Criteria. Approval of a site plan shall be based on the following criteria: A. The proposed development shall relate harmoniously to the natural environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features. FINDING: The property is level farmland currently developed with a single-family dwelling and 5 existing farm buildings. Views to the east from the subject property include portions of the Pilot Butte Canal along with smaller scale farm operations. Views north, west, and south of the subject property include some large undeveloped tracts along with smaller scale farm operations and associated agricultural development. No natural or topographic features would be impacted by this proposal as it is clustered near the existing development on site. Additionally, the proposed parking area landscaping will more seamlessly blend the proposed use into the surrounding area. Staff finds that Marijuana Processing within the existing farm building will relate harmoniously to the natural environment and existing development. B. The landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall be protected. 2 DCC 18.04.030 - "Industrial use" means the use of land primarily for the manufacture, processing, storage or wholesale distribution of products, goods or materials. It does not include commercial uses. 3 DCC 18.04.030 - "Commercial use" means the use of land primarily for the retail sale of products or services, including offices. It does not include factories, warehouses, freight terminals or wholesale distribution centers. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 34 FINDING: The property is level farmland currently developed with a single family dwelling and 5 existing farm buildings. The property has native trees and shrubs scattered throughout the site. This vegetation is primarily located in the northeast corner, surrounding the single family dwelling, and along the west property line. None of the existing vegetation will be impacted by this proposal. No alterations to the existing topography are proposed or necessary with this development. C. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities for privacy and transition from public to private spaces. FINDING: The layout of the existing driveway, parking area, and proposed structures, provide appropriate opportunities for privacy and transition from public to private spaces. The parking area is set back approximately 200 feet from the southern property line, which is the nearest property boundary. Additionally, it is screened from view by existing development and landscaping, including the single family dwelling on site. The proposed processing facility is set back from the southern property line by approximately 320 feet, which is the nearest property boundary. Additionally, the facility is screened from the nearest public road, Young Avenue, via existing agricultural structures and landscaping. Marijuana Processing can include unusual levels of fire safety hazard. Redmond Fire and Rescue has provided comments related to this application which are listed above. As a condition of approval, the applicant shall comply with all requirements of Redmond Fire and Rescue at all times to provide a safe environment at the processing facility. D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for wheelchairs and Braille signs. FINDING: At the time of plan check for the building permit, the applicant will be subject to any applicable ADA requirements. E. The location and number of points of access to the site, interior circulation patterns, separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings and structures shall be harmonious with proposed and neighboring buildings and structures. FINDING: The applicant proposes to continue using the existing access from Young Avenue to reach the proposed parking area. Additionally, no changes in the existing circulation patterns on site are proposed. The proposed processing building will be separated from the parking area by approximately 45 -feet as well as an existing well structure. The processing facility will buffered from neighboring properties as the proposed location is a minimum of 200 feet from the closest property boundary. Additionally, staff is unaware of any planned structures on adjacent properties. Based on the site plan submitted by the applicant, staff finds proposed processing building shall be harmonious with neighboring buildings and structures. F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets, or surface and subsurface water quality. FINDING: There is no evidence in the record that the site has a history of adversely impacting the surface water drainage pattern in the area. The site is relatively level with farmland surrounding the building area. Given the relatively small area of the roof associated with the proposed processing building in relation to the large size of the property, staff finds runoff from the building will be contained on-site. Staff finds that the site will not adversely impact on neighboring properties, streets, or surface and subsurface water quality. G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires, and the like), loading and parking and similar 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 35 accessory areas and structures shall be designed, located and buffered or screened to minimize adverse impacts on the site and neighboring properties. FINDING: The parking area proposed on site is located more than 200 feet from the nearest property line. Additionally, existing on-site vegetation and development, including the single family dwelling and multiple agricultural structures, will shield the parking area from public view from the south, east, and north. The applicant also proposes to establish a 5 -foot wide landscaping area on the west side of the parking site to more fully screen the use from neighboring properties and the public. Any proposed waste storage structures will be located inside the proposed marijuana production and processing buildings on site, thereby reducing any potential visual impacts. This criterion will be met. H. All above ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring properties. FINDING: No new utility installations are proposed. 1. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). FINDING: The structure will meet the dimensional standards and setback requirements set forth in DCC 18.16 and 18.116, as described above, as well as the building height standard in DCC 18.16. Based on these findings and the plans submitted by the applicant, the proposal meets this criterion. J. All exterior lighting shall be shielded so that direct light does not project off site. FINDING: The applicant has acknowledged this requirement. As a condition of approval, all exterior lighting shall be shielded so that direct light does not project off-site. K. Transportation access to the site shall be adequate for the use. 1. Where applicable, issues including, but not limited to, sight distance, turn and acceleration/deceleration lanes, right-of-way, roadway surfacing and widening, and bicycle and pedestrian connections, shall be identified. 2. Mitigation for transportation -related impacts shall be required. 3. Mitigation shall meet applicable County standards in DCC 17.16 and DCC 17.48, applicable Oregon Department of Transportation (ODOT) mobility and access standards, and applicable American Association of State Highway and Transportation Officials (AASHTO) standards. FINDING: In reviewing the supplemental Site Traffic Report (STR) provided by the applicant, no transportation infrastructure deficiencies or improvements were identified by the Deschutes County Road Department or the Deschutes County Transportation Planner. 3. Section 18.124.070. Reauired Minimum Standards. A. Private or shared outdoor recreation areas in residential developments. FINDING: No residential units are proposed. This criterion is not applicable. B. Required Landscaped Areas. 1. The following landscape requirements are established for multi family, commercial and industrial developments, subject to site plan approval: 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 36 a. A minimum of 15 percent of the lot area shall be landscaped. All areas subject to the final site plan and not otherwise improved shall be landscaped. FINDING: These criteria only apply to multi family, commercial and industrial developments. As discussed above, the Marijuana Production use is an "industrial use". However, staff finds that the siting of this use in a 1,200 -square foot building does not make the primary use of the 62 -acre property "industrial development". Staff finds that these criteria do not apply to this proposal. 2. In addition to the requirement of DCC 18.124.070(B)(1)(a), the following landscape requirements shall apply to parking and loading areas: a. A parking or loading area shall be required to be improved with defined landscaped areas totaling no less than 25 square feet per parking space. b. In addition to the landscaping required by DCC 18.124.070(B)(2)(a), a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a landscaped strip at least five feet in width. c. A landscaped strip separating a parking or loading area from a street shall contain: 1) Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. 2) Low shrubs not to reach a height greater than three feet zero inches, spaced no more than eight feet apart on the average. 3) Vegetative ground cover. d. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. e. The landscaping in a parking area shall have a width of not less than five feet. f. Provision shall be made for watering planting areas where such care is required. g. Required landscaping shall be continuously maintained and kept alive and attractive. h. Maximum height of tree species shall be considered when planting under overhead utility lines. FINDING: Ten (10) parking spaces are required for the use proposed. The parking area is not adjacent to a property line or roadway, as it is located approximately 200 feet from any such boundary. Additionally, the proposed parking area will be separated from the southern lot line, the closest property boundary, by existing development and vegetation. The applicant proposes to plant a 5 -foot wide landscaping strip along the west edge of the parking site. The proposed dimensions will supply approximately 45 -square -feet of defined landscape area per parking space. The following condition of approval has been added to ensure compliance with this section. Landscaping maintenance: All proposed landscaping shall be continuously maintained and kept alive and attractive. Additionally, provisions for watering planting areas shall be made where such care is required. C. Non -motorized Access, 1. Bicycle Parking. The development shall provide the number and type of bicycle parking facilities as required in DCC 18.116.031 and 18.116.035. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 37 The location and design of bicycle parking facilities shall be indicated on the site plan. FINDING: Compliance with DCC 18.116.031 and 18.116.035 is discussed in findings for those sections, above. 2. Pedestrian Access and Circulation: a. Internal pedestrian circulation shall be provided in new commercial, office and multi -family residential developments through the clustering of buildings, construction of hard surface pedestrian walkways, and similar techniques. FINDING: This criterion does not apply, as the facility is not a commercial, office, or multi -family residential development. b. Pedestrian walkways shall connect building entrances to one another and from building entrances to public streets and existing or planned transit facilities. On site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connections on adjacent properties planned or used for commercial, multi family, public or park use. c. Walkways shall be at least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. Walkways shall be as direct as possible. d. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways, parking areas and loading areas, the walkway must be clearly identifiable through the use of elevation changes, speed bumps, a different paving material or other similar method. e. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway that connects a transit stop to building entrances shall have a maximum slope of five percent. Walkways up to eight percent slope are permitted, but are treated as ramps with special standards for railings and landings. FINDING: Staff believes that (b) through (e) apply to any use subject to site plan review. The applicant did not show pedestrian walkways at the proposed facility. Staff follows the Hearings Officer decision in CU - 14 -7 where the Hearings Officer found that, "...these criteria have limited application to the applicants' proposal inasmuch as there is only one commercial use proposed for the subject property, and there will be a single building for that use. Therefore, I find there is no need to apply these criteria to require particular pedestrian circulation or walkways on the property." Staff finds that the present application is similar in that there is a single building proposed for the Marijuana Processing facility and that no pedestrian walkways under these criteria are required. D. Commercial Development Standards: FINDING: The proposed facility is not a commercial development. These criteria do not apply. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 38 4. Section 18.124.090. Right of Wav Improvement Standards. Any dedications or improvements to the road right of way required under DCC 18.124 shall meet the standards for road right of way improvements set forth in DCC Title 17 and any standards for right-of-way improvements set forth in DCC Title 18 for the particular zone in question. FINDING: No transportation infrastructure deficiencies or requirements were identified by the Deschutes County Road Department or the Deschutes County Transportation Planner. IV. TRANSPORTATION SYSTEM DEVELOPMENT CHARGES:, As noted in previous sections by the Deschutes County Transportation Planner, "Board Resolution 2013- 020 sets a transportation system development charge (SDC) rate of $3,937 per p.m. peak hour trip. The Board in a policy decision in early 2017 decided to use the ITE rate for Warehouse (LU 150) for marijuana production and Manufacturing (LU 140) for processing. The County has not yet updated its trip generation rates to reflect the 10m edition of the ITE manual. The County's adopted rates are from the 9th edition, hence the discrepancy between the County's SDC rate and the applicant's STR for p.m. peak hour trips. The SDC for growing would be 6.7 p.m. peak hour trips (20.832 X 0.32) for an SDC of $26,378 ($3,937 X 6.7 p.m. peak hour trips). The SDC for processing would be 0.9 p.m. peak hour trips (1.2 X 0.73) for an SDC of $3,543 (0.9 X $3,937). Thus the total applicable SDC for growing and processing would be $29,921 ($26,378 + $3,543). 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." IV. CONCLUSION Based on the foregoing Findings, staff finds that the proposed marijuana production and processing facility can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. V. DECISION APPROVAL, subject to the following conditions of approval. VI. ONGOING CONDITIONS OF APPROVAL 1. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 2. 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. Airport Safety Glare: No glare producing material, including but not limited to unpainted metal or reflective glass, shall be used on the exterior of the proposed structures. 4. No Outdoor Production: Marijuana production is prohibited in any outdoor area. 5. Off -Street Parking: Any off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 39 6. Maximum Shift Size for the Proposed Use: The maximum number of employees allowed on site to support the proposed marijuana production and processing use shall not exceed 10 persons on any given shift. 7. Paving and Aaareaate: The applicant shall maintain areas used for standing and maneuvering of vehicles with 6 inches of aggregate and in a manner which will not create dust problems 8. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall not exceed 10,000 square feet at any time. 9. Lighting: The following lighting standards shall be met. a. 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. 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. The light cast by exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10, Outdoor Lighting Control. 10. 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: 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. 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. 13. 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. Utility Upgrades: The applicant shall establish the system upgrades identified by the Central Electric Cooperative prior to initiation of use. 15. 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. 16. Waste: The marijuana waste receptacle shall be stored within the limited access areas within the production buildings, and shall be in the possession of and under the control of the OLCC licensee. 17. 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. 18. Annual Reportina: The annual reporting requirements of DCC 18.116.330(D) shall be met. 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: 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 40 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. 18. Landscaping maintenance: All proposed landscaping shall be continuously maintained and kept alive and attractive. Additionally, provisions for watering planting areas shall be made where such care is required. VII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and obtain building permits for the proposed use within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. DESCHUTES COUNTY PLANNING DIVISION Written by: Kyle Collins, Assistant Planner Reviewed by: Peter Gutowsky, Planning Manager 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 41 Attachment A • '44,44 . t• 44 xi * '11 11`,311i 161211 00 00800 51.0 Acres Irrigation 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP 42 Attachment B (dont met dal Garlmge ant) Recycling Service ',v'+: understand tlla; diffetCi:1 business types have ttifl'etcnt garbage and iccycling needs. in Uttler to piovidr writer n the most z fileicn,, Lost effective and safe manner, the colisidet several {enols whet: helping you Ao;:7nvtt>c kuru LICA St1t't ict option {:ncIustnC StiZc anti ttcteSS, tylnt: ul ttlt5i11Cs tea IOCutio:1 01 Ihtes, u: meet (Mad pntvel lines., and tilt type of debris Lite 411 tg)ottant to consider wll^a &tc•rmming sol cine We. (0t,sr,t4• a Vattrly t:Cniulrtett•arid nee,rtMM. reill,cliun invrstitxs. Most ctinlr,lcttal ?,u,iu.,,t••. sot/1,1;c a 111111( load ,lylr garh;t c cUntatliti, a faun ItNi0 st} is rnttlhu:::,1 t,cycling tonrrtttel alai +')i• teUon ,maitsumk 1c :y; nl: tilt reit. SW:3nel 1ntSilleSSes, 01111(0'W }tel::loping minsnrll a1tiit1n11, ul t;asli, may Gc crst sc;:n:cd with ;; l;:u Faye ti>I1 cart, :411rr :watt a Clout loads co llar:ct. recycle as.d you should toe! An agrccyciuit! progiasn t'a: keep you: iail>agc coliectta:: cost Mott:l. Make sour you recycle what you con Recommended Garbage Set:Nice bevels On1y you know tit sine Wii:d your needs will be, but tae folio wait?, gtadClittCs sari lira: Blake that cleuareination OIt ll r� 1;`n1I184t• it41l to Once 3S•t!allon cath flet unit per week. 6 cans - ! cubic yard. ('linos Conn 13, 03 of it:1.k;ailon loll r:,:t, nt 1 to 6 cubic ya.d cor,taine:s (test:luta:14i' f•<)Ud tt:t 1e a even y i:c:.\ y ani the pi oper contailun sirs, au<i Lctuency of pick up s t initai f, ?-it,;tiluti cutis I curie y'.ud Cho s,: from 1 to 6 oda e yald Containers, st•rvmd mit:o tv 01114iMe trmes (n.T.ty wool; Aparimelos: Cootie fiord 1 to 6 cu:nc to:a ttnd;i:nil setvicc4 OIICC 01 nuiiupk h: 1 s :temy we: k •1't tick t'lcariincc licquirements ('tont':vad ititekc are 1 + tall \4`it!1 a init.urta Ioieed oveiitr;ul d•,ev air iS't) tail Ilut k length t, 21 feet Wilk funks down, I:.ick iciig h is 3S reel. 1 uiuk two:rig tatlius is .!;t) `cel. Troi: icuuitcs 20 Cert :u miike a 90 degree hd.t Front Load Container Shires capacity 1': ij •;i t yal vind 6,66' 2 yditi 6.64 1kilt' 6b6' 4 yarn 6.66' yin!' 6.66' 6 }.lit{ 6.66' e ;t•t,�i, i 7C' 4 ) 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP {cult ..^,ri< S�u`iw: (.(c1C1 2,5' 6-7 CJIIS .i.O' 10-12 casts 5' 13.15 cans 4 4' 1S-21 cans 4 9' 24.2S rams fi 2' 30-34 cans rim' 36 4tj eaos 43 Commercial Garbage & Recycling Construction Specifications for Enclosures 2 1t —! yd or or 2yd 1011 'h;iTF •d'Wr aek'n eft 1yd - Or e10t 2yd 1 1 f a,la 21t ! 211 3yd +N 3yd 12-14 1t B 'arc 1 1 211 ... 211 0yd sn 4-6 18.201t ,,1017E A n<ilu+ po. wfly �S:r,b 13 yrini oaA`t.,ra ir,e(tevrerea:,rl t). a^d A6^rOb Of t1e ,z,,,,!4,4,41. Our trucks require a 40 foot approach to properly maneuver the garbage containers. The enclosure gate must he at least 10 feet wide to access the container and must swing open a full 180 dt.Trees with a gate stop to hold it open. Container: Front View Side View: 1-3 yd r J 6'8"ft 'NOTE AM 4 ,,,d f, yoed canlarcvan repute alrnlfl 3-.e 14i x+u•sr, Parking Lot 40 11 2411 Best spot 247 -17 -000905 -AD, 17 -938 -LR, 17 -939 -AD, and 17 -940 -SP Side View: 4-6 yd trh wrwe,l ENCLOSURE PLACEMENT! Whenever possible, place enclosures that provide a straight -on approach. • This Iocatinn would he the hest, It allows easy access and would not block parking for customers. ▪ This location would be harder to access and would limit the size of the container. (Smaller containers require more frequent collection at a higher cent.) Please note that backing onto a busy roadway is always a concern.'Ihc safety of our drivers, customers, and pedestrians should always he consid- ered when placing container enclosures. 44 347 -17 -000906 -AD. 17'938 -LR. 17-039'AD.and 17'Q4O-GP 45 BLANK PAGE EXHIBIT D Site Plan BLANK PAGE .Zb +005.0.5 ,SE FOR REVIEW ONLY TENTATIVE SITE PLAN we6i16 - 0(00'10 YJ nyl 0.p 3M4YlN31-ll[9\Z68G-N99WT'\4,,,01\0',\PIPPdo\ux1\$0\J "^1 5/7/2018 le N/ ire{ 21330 SW Young Ave 21330 SW Young Ave - Google Maps Imagery ©2018 Google, Map data ©2018 Google 1000 ft https://www. google.com/maps/place/21330+SW+Young+Ave,+Bend,+OR+97701 /@44.2003105,-121.2533722,2920m/data=!3m 1 ! 1 e3!4m5! 3m4! 1 s0x54b8d2f5d560277b:Ox 12f69e1182d6aa93!8m2!3d44.1992059!4d-121.255742 1/2 Z/Z Z7199Z'LZL.-Pbi690Z666'1717PEiZw8i£6ee9PZ8L6a69JZ6XO:gLLZ099P91ZP8g179XOsi6wEi=e#eP/w0Z6Z`ZZL£E9Z'6Z1•-`906£OOZ' t /LOLL6+210+`Pue9+'any+6un0A+MS+O££IZ/aoeid/sdew/uaoo"ai6006'^mm4//sdJ;y sden ei6000 - any 6unoA MS KSl•Z LOLL6 2Jo `Puo any §unoA MS 0££ LZ 8 60Z/L/9 Tim C:\Users\Tim\oppdata\local\temp\AcPublish_5692\8311—TENTATIVE.dwg Thu Feb 01, 2018 — 9:59om TAX LOT 501 TAX LOT 500 / PP -2007-13 PARCEL 1 5/8° IR NO.CAP PP -2007-13 PARCEL 2 PP -2002-16 PARCEL 1 • PP -2002-16 PARCEL 2 ATP LLC TAX LOT 800 420, PARKING Inn sp 0 PARKING LANDSCAPE EXIST. 40'X30' SUPPORT BUILDING (4) 42' X 124' BUILDINGS 460' FASTING , J UILDINGS TAX LOT 700 EXISTING BUILDINGS 5' IR NO CAP EXIST ACCESS 60' SUN COUNTRY ENGINEERING & SURVEYING, INC. 920 SE ARMOUR ROAD BEND, OREGON 97702 PHONE 382-8882 YOUNG AVENUE Developer: EVOLUTION GROUP LLC 915 NW RIMROCK WY, STE 201 REDMOND, OR 97756 IRR SUNNY VIEW FARMS .._._.......PT. LOT 3 PP-2002-16 PARCEL 3 3brass/deshcty Title: \g-9- TENTATIVE gam TENTATIVE SITE PLAN PROPERTY DATA SITE ADDRESS' TAX LOT: GROSS AREA. ZONE' GENERAL PLAN: SERVICE PROVIDERS WATER: SEWER' POWER: PHONE - GAS. SCHOOL FIRE: IRRIGATION' 41' 35, FLOWERIIJG GROWTH 1 M 1225 sf 1 Drafting Design I Scale I Date W.o, No. 1 V lJ 1 NI !-.1 A C11 e6 1Y1. LOCATED IN THE E 1/2 OF THE SW 1/4 OF SECTION 11, TOWNSHIP 16 SOUTH, RANGE 12 EAST. W.M., DESCHUTES COUNTY, OREGON 21330 YOUNG AVE. BEND OR 97703 16-12-11-00800 62.61 +/- ACRES EFUTRB EFUTRB AVION WATER COMPANY ONSITE SEPTIC PACIFIC POWER CENTURYLINK CASCADE NATURAL GAS REDMOND DISTRICT REDMOND FIRE COID / SWALLEY 5'0" door 7'11 JJ AS SHOWN 12/22/17 8311 10X12 OH DOOR 40 STAGING WASTE °o p _ N air/water/equip V ATAITIV,E PAGE APPLICANT. EVOLUTION GROUP LLC 915 NW RIMROCK WY, STE 201 REDMOND, OR 97756 OWNER: ATP LLC 21330 YOUNG AV1 BEND, OR 97701 SURVEYORS/ENGINEERS: SUN COUNTRY ENGINEERING AND SURVEYING 920 SE ARMOUR RD. BEND, OREGON 97702 (541) 382-8882 5'0" door 124' BUILDING DETAIL NOT TO SCALE VICINITY MAP NOT TO SCALE NO. DATE 1 11/31/18 REVISIONS Add setback dimensions 41' '35' FLOWS ING cn GRA H 1225 FOR REVIEW ONLY sht !of 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 Mav 7, 2018 DATE: April 30, 2018 FROM: Nicole Mardell, Community Development, TITLE OF AGENDA ITEM: Potential Appeal of a Marijuana Production Application, 61795 Teal Road, Bend ATTENDANCE: Nicole Mardell, Associate Planner SUMMARY: Before the Board of County Commissioners is a potential appeal of an Administrative Determination approving a marijuana production facility in the Exclusive Farm Use Zone. The Board will consider Order No. 2018-030 and decide if the Board will call up the review if the decision is appealed. See the attached Findings & Decision for further background information. Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd STAFF MEMO Date: May 7, 2018 To: Board of County Commissioners From: Nicole Mardell, Associate Planner Re: Administrative Decision (File No. 247 -17 -000862 -AD) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on May 7, 2018 at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File No. 247- 17 -000862 -AD) approving a marijuana production application. I. Application On October 17, 2017 an application was filed for an Administrative Determination (AD) to expand an existing marijuana production facility at 61795 Teal Road, Bend. The applicant requested approval to expand the existing operation approved under file no. 247 -16 -000810 -AD from 2,800 square feet of mature canopy area to a total of 10,000 square feet of mature canopy area. II. Decision On January 25, 2018, the application was deemed complete and accepted for review after the applicant submitted additional information. The Planning Division issued an administrative decision for marijuana production without a public hearing on April 30, 2018, determining the applicant met the applicable criteria (Attachment 1). Notice of the decision was mailed to neighboring property owners. The decision becomes final on Monday, May 14th if not appealed. III. Appeal Although no appeal has been filed yet, staff considers the potential of an appeal. IV. 150 -day Issuance of a Final Local Decision The 150th and final day for the County to issue a final local land use decision is June 24, 2018. Quality Services Perprined with Pride V. Board Options Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to initiate review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12th day following the mailing date of this decision falls on a Saturday, therefore, in accordance with DCC 22.08.070 an appeal must be filed no later than 5:00 PM on Monday, May 14th Staff has included a site plan of the operation as Attachment 2. Attachment 3 is a Board Order to initiate a de novo review of this file, should a timely appeal be filed. Attachments: 1. Administrative Decision for File No. 247 -17 -000862 -AD 2. Site Plan 3. Board Order to Initiate Review -2- Community Development Department Planning Division Building Safety Division Environmental Soils Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 Phone: (541) 388-6575 Fax: (541) 385-1764 http://www.deschutes.org/cd FINDINGS & DECISION FILE NUMBER: 247 -17 -000862 -AD APPLICANT: OWNER: PROPOSAL: Chris Mallory Choice Farms 61795 Teal Road Bend, OR 97702 Conrad Walters 1510 NE Locksley Drive Bend, OR 97701 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 10,000 square feet. STAFF CONTACT: Nicole Mardell, 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 61795 Teal Road, Bend and is identified on the County Assessor's Map as 18-13-06 as Tax Lot 1000. B. LOT OF RECORD: The property was verified as a legal lot of record in Lot of Record determination LR -90-200. C. ZONING: The property is zoned Exclusive Farm Use — Tumalo/Redmond/Bend, and is designated Agriculture on the Deschutes County Comprehensive Plan. Quality Services Performed zetitls Pride D. PROPOSAL: The property is currently approved for a marijuana production facility with up to 2,880 square feet of mature canopy area (file no. 247 -16 -000810 -AD). The applicant is proposing to expand the operation to include a total of 10,000 square feet of mature canopy area. The proposal includes the following facilities: Area One -Three (3) 30' x 120' greenhouses totaling 10,000 square feet for mature canopy area (production) and 800 square feet for support space. -One (1) 4,800 -square -foot service building to be used for mechanical components, storage space, and trimming/sorting of plants. -Two (2) 8' x 40' steel structures for drying of whole marijuana plants -Conversion of previously approved 30' x 96' greenhouse from mature marijuana production to immature production area. Area Two -One (1) existing 575 -square -foot accessory structure for vegetative (immature) production space. E. SITE DESCRIPTION: The subject property is 25.66 acres in size and is irregular in shape. The southern portion of the property appears to have been irrigated, contains two irrigation ponds, and a portion of the Central Oregon Canal runs along the western boundary of the property. A dwelling and several accessory structures are located toward the center of the site. The previously approved marijuana production facility is toward the northeast portion of the property. Trees and vegetation are scattered throughout the site. F. PUBLIC AGENCY COMMENTS: The Planning Division mailed a Notice of Application and received comments from the following agencies: 1. Bend Fire Department 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 egress. • Means of egress shall not be concealed in any way. Section 1008.1 of the 2014 Oregon Fire Code. 247 -17 -000862 -AD, Choice Farms Page 2 of 20 • 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: 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. 2. Deschutes County Buildina 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. 3. Deschutes County Transportation Planner: 1 have reviewed the transmittal materials to add several buildings for production (growing) and support of a previously approved grow under 247 -16 -000810 -AD for 247 -17 -000862 -AD, Choice Farms Page 3 of 20 2,880 square feet in greenhouses in Phase I and 10,800 in Phase II for a total of 13,680 square feet. The current application, 247 -17 -000862 -AD, is in the Exclusive Farm Use (EFU) zone at 61795 Teal Road, aka 18-13-06, Tax Lot 1000. The current application would add three greenhouses of 30' x 120' each (10,800 square feet total); 4,800 -square -foot support building; 575 -square -foot for production; two 8' x 40' (320 square feet total), and conversion of a 30' x 96' greenhouse (2,880 square feet). This results in a total (10,800 + 4,800 + 575) of 16,945 square feet of new facilities for the growth and support of marijuana production. Deschutes County Code (DCC) at 18.116.330(8)(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 18.124.080(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 applicant's materials indicate the property has 16,945 square feet of buildings supporting 10,000 square feet of mature canopy. The conversion of the 30' X 96' building is not included in the SDC as the primary use remained related to marijuana production. 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 16,945 square feet of greenhouses would produce 5.4 p.m. peak hour trips (16.945 x 0.32). The resulting SDC is $21,260 (5.4 x $3, 937). The SDC is due prior to issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within 60 days of the land use decision becoming final. 4. Central Electric Cooperative 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. 5. Central Oreaon Irrigation District COID FACILITIES: • The main Central Oregon Canal runs through the subject property o There is a ROW of 100' for the canal and an additional 20' road ROW on the east side of the canal (refer to attached map) • Any construction within COID's ROW must first be approved through COID. COID WATER RIGHTS: • There are 12.0 acres of water rights on subject's property • Please contact COID concerning use of water rights • COID requests a site plan COID GUIDELINE STATEMENT • Review the following guideline statement on marijuana operations: COID response to Community Development Notice for Proposed Marijuana Production: 247 -17 -000862 -AD, Choice Farms Page 4 of 20 Central Oregon Irrigation District (COID) serves this property with 12.0 acres of irrigation water during the irrigation season of April 1 through October 31 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 1 and March 31. If the recreation 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. COID WATER RIGHTS: • COID owns the tax lot to the east of the subject's property o Currently, there is a utility access recorded with Deschutes County on COID's property, allowing the subject's utility and road access from Teal Road. o Contact COID before any alterations to the utility easement are performed. 8. The following agencies did not respond or had no comments: Deschutes County Assessor, Deschutes County Environmental Soils Division, Deschutes County Road Department, Watermaster — District 11. G. PUBLIC COMMENTS: The Planning Division mailed a written notice of the application to property owners within 750 feet of the subject property on January 19, 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 19, 2018. Staff received two comments in response to the application, the first from Quinn Keever, Bend Parks and Recreation requesting that odor and lighting impacts be minimized as much as possible. The second from Matt Cyrus stating a belief that the county's requirements are too restrictive and the applicant should not be subject to said requirements. H. REVIEW PERIOD: This application was submitted on October 18, 2017 and was placed on hold by the applicant on October 25, 2017 (7 days later) to allow the applicant to gather information for the application. On January 4, 2018, the applicant submitted additional information and a written statement that the application was ready for review and should be taken off hold. Staff found the clock had run for 7 days before being put on hold, and the timeline resumed on January 4. Therefore the application was deemed as complete 21 days later, on January 25, 2018. The 150th and final day for the County to issue a final local land use decision is June 24, 2018. III. FINDINGS: Title 18 DESCHUTES COUNTY CODE, COUNTY ZONING A. CHAPTER 18.16. EXCLUSIVE FARM ZONE 247 -17 -000862 -AD, Choice Farms Page 5 of 20 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 did not denote the height of the structures in the application materials. Staff has added the following condition of approval to ensure compliance with this criterion: Building Height: No building or structure, including greenhouses, shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 3. Section 18.16.070. Yards. A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: The property does not have frontage on a roadway, therefore the front yard setback will be measured from the east property line'. The required front yard setback is 40 feet. As the proposal is not for a nonfarm dwelling, the required rear and side yard setbacks are 25 feet. The applicant denoted two areas on the property to be used for marijuana production. The first area includes four greenhouses, the service building, and two steel structures. The second area includes the 575 -square -foot accessory structure. 1DCC 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 -17 -000862 -AD, Choice Farms Page 6 of 20 Area One: The applicant proposes an eastern front yard setback of over 250 feet, a northern side yard setback of 100 feet, a southern side yard setback of over 1,000 feet, and a western rear yard setback of over 600 feet. Area Two: The applicant proposes an eastern front yard setback of over 510 feet, a northern side yard setback of over 530 feet, a southern side yard setback of over 740 feet, and a western rear yard setback of over 245 feet. Staff finds this criterion will be met for both areas being used for the marijuana production use. Any additional setback requirements will be addressed during the building permit review process. B. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS 1. Section 18.116330, Mariivana Production, Processing, and Retailina. A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, MUA-10, and RI zones. 2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant is proposing to establish a Marijuana Production facility in the EFU Zone. This section applies. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. FINDING: The subject property is 25.66 acres in size. This criterion is met. 2. Indoor Production and Processing. a. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. b. In all zones, marijuana production and processing are prohibited in any outdoor area. FINDING: The applicant is proposing to use a combination of greenhouses, storage containers, and stick built structures for the marijuana production use. Staff has added the following 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. 247 -17 -000862 -AD, Choice Farms Page 7 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 10,000 square feet of mature canopy area for the 25.66 - acre property. Staff has added the following condition of approval to ensure compliance with this criterion: Maximum Mature Plant Canoov Size: The maximum canopy area for mature marijuana plants shall not exceed 10,000 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 denoted two areas on the property to be used for marijuana production. The first area includes four greenhouses, a service building, and two steel structures. The second area includes a 575 -square -foot accessory structure. Area One: The applicant proposes an eastern front yard setback of over 250 feet, a northern side yard setback of 100 feet, a southern side yard setback of over 1,000 feet, and a western rear yard setback of over 600 feet. Area Two: The applicant proposes an eastern front yard setback of over 510 feet, a northern side yard setback of over 530 feet, a southern side yard setback of over 740 feet, and a western rear yard setback of over 245 feet. Staff finds this criterion will be met. b. Setback from an off-site dwelling: 300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes 247 -17 -000862 -AD, Choice Farms Page 8 of 20 County prior to submission of the marijuana production or processing application to Deschutes County. FINDING: The applicant stated in the burden of proof that there are no dwellings within 300 feet of the subject property. Staff utilized the Dial property information system to confirm this distance. This criterion will be met. c. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. FINDING: The applicant is not requesting a setback exception. 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; H. 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; Hi. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and v. National monuments and state parks. b. For purposes of DCC 18.116.330(6)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 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(6)(7) if the use is: 1. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. 247 -17 -000862 -AD, Choice Farms Page 9 of 20 FINDING: The applicant stated in the burden of proof that the closest use requiring a separation distance is A Lil Institute— For Little People, a childcare facility. A Lil Institute is located over 8,976 feet from the marijuana production use. Staff utilized the Deschutes County Dial interactive property map and Deschutes County records to verify the uses of properties within 1,000 feet of the use. South of the property is Eastgate Natural Area, a Bend Parks and Recreation District property. As the property is not a national monument or a state park, the separation distance would not apply to this property. Staff found there are six properties within 1,000 feet of the subject property, none of which have received approval for the above listed uses. Staff finds these criteria will be met. 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. FINDING: The applicant is proposing 10,000 square feet of mature canopy area, therefore this criterion is applicable. The applicant stated in the burden of proof that access to the property is provided via a private easement, serving only the subject property. The 20 -foot access and utility easement was record as document number 1990-20251 and platted as part of FPA -08-27. Staff finds this condition is met. 9. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. 247 -17 -000862 -AD, Choice Farms Page 10 of 20 c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. FINDING: The applicant states in the burden of proof that lighting will not be visible from outside the greenhouses from 7:00 p.m. to 7:00 a.m. due to the use of light deprivation technology via Tight -proof blackout curtains. The applicant goes on to describe the curtains as completely sealing the greenhouses on all four sides plus the roof, from any natural light, as well as preventing light produced through the use of supplemental lamps from escaping. The existing support structure and service building will be fully enclosed with no windows, and the storage containers are also fully enclosed. Additionally, all lighting will be projected downward to reduce visibility. Staff has added the following condition of approval to ensure compliance with this criterion: Lightinci: 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 Tight -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: 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 provided four separate odor control reports completed by Norm Taylor, PE with By Design Engineering. 247 -17 -000862 -AD, Choice Farms Page 11 of 20 Area One: In the March 30, 2018 report for the existing greenhouse and service building, the engineer provides a series of drawings, calculations, and diagrams as well as the following summary of study findings: The purpose of the design package is to demonstrate the equipment being supplied by Nexus is in compliance with the Deschutes County odor abatement and sound mitigation guidelines. The odor control system consists of a proven aromatic solution that is sprayed into the greenhouse fan exhaust. The system is supplied by Ecolo, see the following sheets. The solution is injected at each fan via a dispersion ring that is mounted down stream of the fan. It is planned to have three greenhouses that include two 54 inch and one 36 inch exhaust fans. The fans will run as required for ventilation of the greenhouse, based on the study of the sounds produced at the property line. The November 4, 2017 report provides analysis for the mature canopy greenhouses. The engineer states that the odor control system to be used is the ECOLO pneumatic AirStream Misting Control System Model ACU .87, using Xstreme Vapor Solution 8016. The engineer provided information from Nexus Corporation which includes the following details regarding the proposal: • A system consist of one ACU .87 Air Control Unit, connected to one or more XStreme Vapor Units (VAP1005), a manifold, a colorflow needle valve, with some tubing & fittings, all installed on an HPDE panel to be attached to the wall beside your exhaust fans, as shown in figure -2. • Each of the 2 greenhouses equipped with 3 x 48" and 1 x 36" exhaust fans shall require 1 of the systems with the following equipment: One (1) ACU .87 Air Control Units and Four (4) VAP1005 XStreme Vapor Units • Each of the greenhouses equipped with 2 x 48" and 1 x 36" exhaust fans shall require 1 of the systems with the following equipment: One (1) ACU .87 Air Control Units and Three (3) VAP1005 XStreme Vapor Units • Based on the conclusion above no additional sound attenuation walls are necessary. The equipment includes housing that act as attenuation devices which have been considered. The engineer confirmed the information and equipment from Nexus would be used and would mitigate odor in compliance with the Deschutes County Code. The November 1, 2017 report provides analysis for the "drying/shipping container[s)". The engineer states that no heating equipment or ventilation equipment is planned for the structures. Dehumidifiers would be used to reduce humidity to approximately 50% for cannabis drying and would also circulate air within the container. Lighting is planned, and the shipping container door would be open during loading and unloading of the product while providing habitable air. The engineer found that the structures would not have mechanical or natural ventilation for the purpose of the drying system, and that condensate from the dehumidifier system would be drained to the outdoors and evaporates. Area Two: The September 8, 2017 report provides analysis for the 575 -square -foot existing support building. The engineer found that odor would be mitigated with the following equipment: • Three Max -Fan 14 inch. At 0.75 in we the flow range is 1150/1630 cfm each • Three Max -Filter 2500. Flow at 0.1 second contract time is 1250 cfm 247 -17 -000862 -AD, Choice Farms Page 12 of 20 The following ongoing condition of approval has been added: 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 provided four separate noise control reports completed by Norm Taylor, PE with By Design Engineering. Area One: In the March 30, 2018 report for the existing greenhouse and service building, the engineer provides a series of drawing, calculations, and diagrams as well as the following summary of study findings: • The nearest property line is 100 feet from the location of the equipment, see site survey drawing by Sun Country Engineering & Surveying, Inc. • The fan is rated at 70 DB at 25 feet.. • Following the sound reduction is per the AHRI standard 275-2010., Page 7. The calculation shows at 100 feet the sound is 26 dB (fan rated at 25 feet, fan location opposite the nearest property line). • Conclusion: the equipment meets the Deschutes County sound criteria. • Based on the conclusion above no additional sound attenuation walls are necessary. The equipment includes housing that act as attenuation devices which have been considered. The November 4, 2017 report provides analysis for the mature canopy greenhouses. The engineer states that the odor control system to be used is the ECOLO pneumatic AirStream Misting Control System Model ACU .87, using Xstreme Vapor Solution 8016. The engineer provided information from Nexus Corporation which includes the following information regarding the proposal: • A system consist of one ACU .87 Air Control Unit, connected to one or more XStreme Vapor Units (VAP1005), a manifold, a colorflow needle valve, with some tubing & fittings, all installed on an HPDE panel to be attached to the wall beside your exhaust fans, as shown in figure -2. • Each of the 2 greenhouses equipped with 3 x 48" and 1 x 36" exhaust fans and shall require 1 of the systems with the following equipment: One (1) ACU .87 Air Control Units and Four (4) VAP1005 XStreme Vapor Units 247 -17 -000862 -AD, Choice Farms Page 13 of 20 • Each of the greenhouses equipped with 2 x 48" and 1 x 36" exhaust fans shall require 1 of the systems with the following equipment: One (1) ACU .87 Air Control Units and Three (3) VAP1005 XStreme Vapor Units • Based on the conclusion above no additional sound attenuation walls are necessary. The equipment includes housing that act as attenuation devices which have been considered. The engineer found that the nearest property line to the proposed greenhouses is 100 feet, and that the proposed fans are rated at 53 dB at 20 feet. Based on a calculation completed by the engineer, the equipment for the marijuana production facility would amount to 16 dB at 100 feet, and would meet the county's noise requirements. The November 1, 2017 report provides analysis for the "drying/shipping container[s]". The engineer states that no mechanical or natural ventilations systems are planned, therefore noise analysis is not required. Area Two: The September 8, 2017 report provides analysis for the 575 -square -foot existing support building. The engineer found that noise would be mitigated because the odor control fans and carbon filters will be located inside the building, and the fan operates at a noise level of 61.20 dB. At 110 feet from the structure, the equipment would produce 12.2 dB meeting the Deschutes County standards in (11)(a) above. The following ongoing condition of approval has been added: 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 247 -17 -000862 -AD, Choice Farms Page 14 of 20 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 is proposing new fencing which is described as "a muted earth tone and will be constructed of metal and wood". The applicant also stated razor wire fencing will be used. The applicant is not proposing to remove any existing trees or shrub cover as part of the proposal. Staff has added the following ongoing conditions of approval to ensure compliance with the fencing and screening requirements: 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 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 stated in the burden of proof that they are proposing year round marijuana production supplemented by two sources of water. The seasonal water right will be used during the irrigation season (April 1 through October 31) and Avion water will be used between November 1 and March 31. The applicant provided a letter from Central Oregon Irrigation District (COI D) dated November 21, 2017 that discusses the water rights on the property. This information was confirmed in the agency comments received from COID described in Section I above. Central Oregon Irrigation District ("District) serves this property with a total of 12.0 acres of Irrigation water (surface delivery) provided under State issued primary water right certificate #83571 (priority date 10/31/1900) and supplemental certificate #76714 (priority date February 28, 1913). These certificates allow delivery during the irrigation season of April 1st through October 31St and cannot be used for irrigation during the winter months. Water is currently delivered at a rate of up to 6 gallons per minute per acre. The applicant plans to use 1,000 gallons of Avion water per day outside of the irrigation season (November — March).The applicant also provided a letter from Avion dated April 18, 2018 stating the following: 247 -17 -000862 -AD, Choice Farms Page 15 of 20 Avion Water Company, Inc. is willing and able to serve potable water to the above described project, provided all requirements by Avion Water Company are met and all monies due are paid in accordance with Avion's approved tariff. We understand they estimate 1,000 gallons per day (30,000 gallons per month). Staff has added the following condition of approval to ensure compliance with this requirement: Water: The use of water from any source for marijuana production shall comply with all applicable state statutes and regulations including ORS 537.545 and OAR 690-340-0010. 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district. FINDING: No processing is proposed. This criterion does not apply. 15. Utility Verification. A statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. FINDING: The applicant provided a "will serve" letter from Central Electric Co -Operative (CEC), Inc dated February 2, 2018. The letter states the following: Central Electric Cooperative has reviewed the provided load information (New 3,200 amp single phase, 240/480 volt three-phase 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 criterion will be met. 16. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights- of-way, except as required to comply with requirements of the OLCC or the OHA. FINDING: The applicant states the site will use security cameras that only record activity on the subject property as required by OLCC. Staff finds this criterion will be met. The following condition of approval has been added to ensure compliance with this criterion. Security Cameras: Security cameras shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC. 17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). 247 -17 -000862 -AD, Choice Farms Page 16 of 20 FINDING: The applicant stated in the burden of proof that all waste will be stored in secure receptacles on site and maintained under the possession of the OLCC licensee. Staff has added the following condition of approval to ensure compliance with this criterion. Waste: The marijuana waste receptacle shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee at all times. 18. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit on the subject property: a. An owner of the subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or c. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. FINDING: The subject property is not in the MUA-10 Zone. This section does not apply. 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. FINDING: The subject property was not a lawfully established medical marijuana grow site. This section does not apply. 20. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. 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. 247 -17 -000862 -AD, Choice Farms Page 17 of 20 vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. FINDING: The applicant stated that none of the above uses are proposed on the property. Staff has added the following condition of approval to ensure compliance with this criterion. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long as marijuana production is conducted on the site. D. Annual Reporting 1. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. II. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. This information shall be public record subject to ORS 192.502(17). FINDING: Compliance with the annual reporting obligation of this section is required. The following ongoing condition of approval has been added to ensure compliance with this criterion: Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met. 247 -17 -000862 -AD, Choice Farms Page 18 of 20 IV. CONCLUSION Based on the foregoing Findings of Factsstaff finds that the proposed marijuana production facility can comply with the applicable standards and criteria of the Deschutes^ County � zoning ordinance if conditions of approval are met. V. DECISION APPROVAL, subject to the foliowing conditions of approval. VI. ONGOING CONDITIONS OF APPROVAL A. Use & Location: Marijuana production is conditionally approved inside them approved structures. 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 and use appiication. B. Building Height: No building or o1ructuns, including gmaenhoumea, 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 CanoDv Size: The maximum canopy area for mature marijuana plants shall not exceed 10.OU0square feet atany Urne. E. OLCC Licensee: Only one OLCC license shall be allowed per legal parcel for the marijuana production use. F. LiahUnq: The following lighting standards shall be met. Inside building lighting used for marijuana production �hoshallnot bevisible 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 pjmcteUbe/oxvthehnr}zmnta|p/anathroughthm|oxvmst/iQht-ernittingpad.Tha/ightoost by exterior Iightfixtures otherthan 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 neihbons use and ejertofUleirpropedv The odor control shall be maintained in working order and shall be in use. system H. Noise: Sustained noise from mechanical equipment used for heaUnQ, venU|otion, air measured atony property line between 10:00 p.m. and 7:OOe.nn. the following day. dB(A) V' Fencina: 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 sheeUng, hay bo/eo, tarps, etc. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. 24717 -000862 -AD Choice Farms Page 19 of 20 Screeninq: The existing tree and shrub cover screeningthe develoment from the public right-of-way or adjacent prorties shall be retained to the maximu.extandpooab|a.Thio provision does not prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vetati the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. K. Water: The use of water from any source for marijuana production shall comply with aU appIicabe state statutes and regulations including ORS 537.545 and OAR 0SO-8.O-0O1O. � Security Cameras: torecord un' only the subject�propertypropertyond public rights-of-way, except as required to comply with requirements of the OLCC. M. Waste: The marijuanavvomta receptacle shall be stored in a secured wastereceptacle in d the possession of and under the control of the OLCC|icall an�eaothnneo. N. Prohibited Uses: The uses Iisted in DCC 18.116.330(6)(20) shall be prohibited on the subject property so long as marijuana production is condu' . on the site. O. Annual Reportina: The annual reporting requirements of DCC 18.116.330(D) shall be met. VII. DURATION OF APPROVAL: The applicant shall complete all conditions of approval and obtain building permits for the proposed use within two (2) years of the date this decision becomes final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this approval shall be void. This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. DESCHUTES COUNTY PLANNING DIVISION Written by: Nicole Mardell, Associate Planner Aatv Reviewed by: Anthony Raguine, Senior Planner 247 -17 -000862 -AD, Choice Farms Page 20 of 20 I \ \ 11 \ tl