2018-385-Minutes for Meeting July 11,2018 Recorded 9/19/20181ES
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2018-385
Commissioners' Journal 09/19/2018 8:38:36 AM
1111111111111111111111111111111
WORK SESSION MINUTES
3:00 PM
WEDNESDAY, July 11, 2018 ALLEN CONFERENCE ROOM
Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were
Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board
Executive Assistant. No representatives of the media were in attendance.
CALL TO ORDER: Chair DeBone called the meeting to order at 3:54 p.m.
ACTION ITEMS
1. Letter of Support for ODOT BUILD Grant Application, US 97 S Century
Drive to USFS Boundary Project and Authorization for County BUILD
Application at US 2010B Riley -Cook Avenue
Road Department Director Chris Doty and ODOT representatives Bob
Townsend and Abby presented this item for consideration of a letter of
support from Deschutes County. ODOT is allowed three applications for the
program and the South Century project is listed as a priority. Commissioner
Baney spoke on Highway 97 as a priority for safety. Mr. Doty reported this
has a rural focus and also requests a consideration for the BUILD Application
for the US 20/OB Riley -Cook Avenue project as well.
BOCC VVORK SESSION
JULY 11, 2018 PAGE 1 OF 6
HENDERSON: Move approval of letter of support for the US 97 S
Century Drive to USFS Boundary Project
BANEY: Second
VOTE: HENDERSON: Yes
BANEY: Yes
DEBONE: Chair votes yes. Motion Carried
HENDERSON: Move approval of submittal of the Deschutes County
BUILD application for the intersection of US 20/ OB Riley
Cook Avenue
BANEY: Second
VOTE: HENDERSON: Yes
BANEY: Yes
DEBONE: Chair votes yes. Motion Carried
2. Deschutes Basin Study Response Letter
Nicole Mardell, Associate Planner and Planning Commissioners Steve Swisher
and Jim Beeger presented this item for consideration. Mr. Swisher spoke on
water impacts and the recommendations of the Upper Deschutes Basin
Study Work Group (BSWG). The work of the BSWG is coming to an end and
they are asking for the Board's input. The Planning Commission
recommends an ongoing review should occur and send a letter of support
for continuation by forming a subcommittee. Commissioner Henderson sits
on the Basin Study Work Group and supports the letter. Commissioner
Baney suggested all three commissioners sign the letter. Commissioner
Henderson suggested a few changes to the wording of the letter.
Commissioner DeBone spoke on the goal of the newly formed committee
BOCC WORK SESSION
JULY11,2018 PAGE2OF6
and wonders who will take the lead and would request a report on the
formation. Ms. Mardell will make requested revisions to the letter.
HENDERSON: Move approval
BANEY: Second
VOTE: HENDERSON: Yes
BAN EY: Yes
DEBONE: Chair votes yes. Motion Carried
3. CCBHC Expansion Grant Application
DeAnn Carr, Deputy Director Health Services asked for permission to submit
a grant for the CCBHC. The grant was due on July 9th and apologized as the
department had to submit it prior to bringing it before the Board for
consideration. This is not a continuation grant but is an expansion grant.
Commissioner Henderson asked for clarification of the information provided
at the budget hearings. Dr. George Conway explained the scope of the
services that would be provided. The grant would cover 18 months. The
expansion is different than the continuation. If the grant is not received, the
term appointed staff would not be extended. This grant notification would
come out this fall.
HENDERSON: Move approval of the grant application
BANEY: Second
VOTE: HENDERSON: Yes
BANEY: Yes
DEBONE: Chair vote yes. Motion Carried
• Other: Hiring Freeze of Health Services. Erik Kropp, Deputy County
Administrator presented on behalf of Health Services. Though a hiring freeze
was placed on the Health Services department, the department requests to
BOCC WORK SESSION
JULY 11,2018 PAGE 3OF6
post five positions. The department listed the positions as those that
generate more revenue than it cost to pay for the salary and benefits of the
employee. Commissioner Henderson commented the revenue producing is
not automatic. The services provided was discussed. The positions were
included in the information provided at the budget hearing. The Board
expressed support. Commissioner Henderson asked for a list of positions
filled and open in the department.
BANEY: Move approval of the positions requested.
HENDERSON: Second
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
4. Potential Marijuana Production Appeal, 70820 Indian Ford Road and
Consideration of Order No. 2018-051
Jacob Ripper, Senior Planner noted a hearings officer deposit was not
collected on this application. This was previously and currently a medical
grow operation and the applicant requests to convert to a recreational
marijuana grow site. No expansion is proposed. The Board supports
hearing the appeal.
BANEY: Move approval of Order No. 2018-051
HENDERSON: Yes
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
BOCC WORK SESSION
JULY 11, 2018 PAGE 4 OF 6
OTHER ITEMS:
• Administrative Decision to Hear Potential Appeal:
Isabella Liu, Associated Planner presented this item for consideration. The
subject property is located at 18370 Pinehurst Road, Bend. The applicant
proposes an expansion of their current facility from 3,000 square feet to a
maximum of 5,000 square feet and adding a new processing facility. The
Board supports hearing the appeal.
BANEY: Move approval of Order No. 2018-053
HENDERSON: Yes
VOTE: BANEY: Yes
HENDERSON: Yes
DEBONE: Chair votes yes. Motion Carried
• Upcoming Public Hearing: Peter Gutowsky and Nick Lelack, Community
Development Department were present to request direction to proceed for
the notification of Measure 56 for the public hearing of August 22nd for the
marijuana text amendments. Commissioner Henderson noted the State
Smoke Management Committee is in town that day for a hearing and he has
volunteered to testify. Discussion held on further reviewing the list of
amendments and post pone the hearing date. The notification would be
delayed. A date of August 28 will be considered for the public hearing.
• Joint Meeting with City of Sisters City Council is scheduled for July 25th at
5:00 p.m. The Board suggested adding Growth and Housing Goals to the
agenda.
BOCC WORK SESSION
JULY 11,2018 PAGE5OF6
COMMISSIONERS UPDATES: No reports given
EXECUTIVE SESSION:
At the time of 5:33 p.m., the Board went into Executive Session under ORS 192.600
(2) (e) Real Property Negotiations. The Board came out of Executive Session at 6:12
p.m.
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 6:13 p.m.
DATED this I/
Commissioners.
Day of r 1(12,4 2018 for the Deschutes County Board of
ORD I G SEC ETARY
BOCC WORK SESSION
ANTHONY DE ONE, CHAIR
TAMMY B ?NEY, MMISSIONER
JULY 11, 2018 PAGE 6 OF 6
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
3:00 PM, WEDNESDAY, JULY 11, 2018
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
Work Session, which are open to the public, allow the Board to gather information and give direction to staff.
Public comment is not normally accepted. Written minutes are taken for the record
Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or
discussed. This notice does not limit the Board's ability to address other topics.
Meetings are subject to cancellation without notice.
CALL TO ORDER
ACTION ITEMS
1. Letter of Support for ODOT BUILD Grant Application, US 97 S Century Drive to USFS
Boundary Project and Authorization for County BUILD Application at US 2010B
Riley -Cook Avenue - Chris Doty, Road Department Director
2. Deschutes Basin Study Response Letter - Nicole Mardell, Associate Planner
3. CCBHC Expansion Grant Application - DeAnn Carr, Health Services Deputy Director
4. Potential Marijuana Production Appeal, 70820 Indian Ford Road and Consideration
of Order 2018-051 -Jacob Ripper, Senior Planner
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
Executive Session under ORS 192.660 (2) (e) Real Property Negotiation
Board of Commissioners Work Session Agenda
Wednesday, July 11, 2018 Page 1 of 2
At any time during the meeting an executive session could be called to address issues relating to ORS
192.5660(2)(e); real property negotiations; ORS 192.660(2)(h) litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b); personnel issues; or other executive session categories. Executive sessions
are closed to the public; however ,with few exceptions and under specific guidelines, are open to the public.
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners with to discuss as part of the
meeting pursuant to ORS 192.640.
ADJOURN
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.org/meetingcalendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Work Session Agenda Wednesday, July 11, 2018 Page 2 of 2
(ES
o x ^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 July 11, 2018
DATE: duly 3, 2018
FROM: Nicole Mardell, Community Development,
TITLE OF AGENDA ITEM:
Deschutes Basin Study Response Letter
ATTENDANCE: Nicole Mardell, Associate Planner
Steve Swisher and Jim Beeger, Deschutes County Planning Commissioners
SUMMARY: Planning Commissioners Swisher and Beeger will be in attendance to present
and discuss a draft letter providing encouragement and recommendations for the future of the
Upper Deschutes Basin Study Work Group (BSWG). The letter is in response to a request for
comments from the BSWG.
COMMUNITY D % PNT
MEMORANDUM
TO: Board of County Commissioners
FROM: Nicole Mardell, Associate Planner
DATE: July 11, 2018
SUBJECT: Deschutes Basin Study Response Letter
I. BACKGROUND
On June 14, 2018 the Deschutes County Planning Commission discussed the future of the Upper Deschutes
Basin Study Work Group (BSWG). It was in response to Kate Fitzpatrick, Program Director for the Deschutes
River Conservancy's, June 12 email to interested parties, calling for comments in regard to the future of the
BSWG.
On June 28, 2018 the Planning Commission voted to approve a draft letter providing encouragement and
recommendations for the future of the BSWG. As the Planning Commission serves an advisory role to the
Board of the County Commissioners (Board), the Planning Commission is requesting the letter be considered
by the Board for signature and mailing. Planning Commissioners Steve Swisher and Jim Beeger will be in
attendance to share the letter with the Board and provide additional background information.
Attachment
Draft letter
CO QTY DEVELOP' T
July 11,2018
Mike Relf, Reclamation Study Lead
Bureau of Reclamation, Regional Office
1150 N. Curtis Road
Boise, ID 83706
Kate Fitzpatrick, Program Director
Deschutes River Conservancy
700 NW Hill Street, Suite 1
Bend, OR 97703
Re: Response to the Upper Deschutes Basin Study Group
Mr. Relf and Ms. Fitzpatrick,
The Deschutes County Planning Commission and Board of County Commissioners would like to
extend their recognition and encouragement of the efforts toward producing the Upper Deschutes
Basin Study. In response to your request for comments pertaining to the future of the study, we
offer the following suggestions:
1. In principle, we encourage the study of the Upper Deschutes Basin to continue and
thus capture its full value in developing public policy and further scientific
understanding. We believe a financing plan is needed to ensure the future feasibility
of study operations.
2. We encourage the Study Work Group to form a subcommittee with a focus on
defining the role of the study after this initial phase is completed for publication.
3. We encourage the group to explore user-friendly platforms to allow the models used
in the study and data from the study to be available to the public for information and
further development.
4. We encourage the group to provide the findings and conclusions of the study to the
public, and perhaps OSU Cascades; but also, specifically for use by Deschutes County.
Sincerely yours,
Anthony DeBone, Chair Philip G. Henderson, Vice Chair Tammy Baney, Commissioner
Cc: Deschutes County Planning Commission
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
e, (541) 388-6575 @cdd@deschutes.org L 1 www.deschutes.org/cd
TE
o 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 July 11, 2018
DATE: July 2, 2018
FROM: DeAnn Carr, Health Services, 541-322-7633
TITLE OF AGENDA ITEM:
CCBHC Expansion Grant Application
RECOMMENDATION & ACTION REQUESTED:
Approval to submit grant application
ATTENDANCE: DeAnn Carr, Health Services Deputy Director, Behavioral Health; David
Inbody, Health Services Deputy Director, Administrative Services; George A. Conway,
Health Services Director
SUMMARY: The CCBHC Expansion Grant will allow continuation of CCBHC services to
Deschutes County. The grant's stated purpose is to "increase access to and improve the
quality of community behavioral health services." The grant focuses on services to
individuals without insurance or with insurance that does not fully cover needed services.
Priority populations are individuals with serious mental illness, substance use disorders,
children with serious emotional disturbances, and individuals with co-occurring disorders
(combination of mental health and substance use disorders). The grant will support core
program activities including treatment services to high need populations across the age
range, coordination of care, and integration with primary care. Staffing and other
associated costs will be limited to funding available through the grant for both fiscal years.
This grant funding will not be used to add new program activities; it will allow for the
continuation of CCBHC activities through Fiscal Year 2019.
Deschutes County Health Services
GRANT APPLICATION REQUEST
Official Grant Title:
FY 2018 Certified Community Behavioral Health Clinic
Expansion Grants
;Federal (Department of Health and Human Services
Substance Abuse and Mental Health Services
Administration)
Source of Grant Funds:
Funding Amount (include amount
per year if multiple years):
$1,619,375 (year #1) and $1,951,451 (year #2), total =
$3,570,826
N/A '
Required Matching Funds (if
applicable):
Application Due Date and
Submission Method:
July 9, 2018 — Electronic submission
FTE Required and Cost of FTE:
No new FTE — retention of 19.00 CCBHC FTE.
Staff Responsible:
Behavioral Health Division: DeAnn Carr, HS Deputy
Director
Grant Administrator (if awarded):
DeAnn Carr, HS Deputy Director
Please answer the following questions:
1. Briefly summarize what work the grant is intended to accomplish:
The CCBHC Expansion Grant will allow continuation of CCBHC services to Deschutes
County. The grant's stated purpose is to "increase access to and improve the quality of
community behavioral health services." The grant focuses on services to individuals
without insurance or with insurance that does not fully cover needed services. Priority
populations are individuals with serious mental illness, substance use disorders, children
with serious emotional disturbances, and individuals with co-occurring disorders
(combination of mental health and substance use disorders).'
2. What priorities in the Health Services Strategic Plan would this grant activity support?
Provide data to describe a documented health need that would be addressed and that is
consistent with the Strategic Plan.
The Year One Action Plan prioritized Health Services — Behavioral Health Division's
implementation of CCBHC. Goal 2, "Assuring needed health and human services," is
Si oiled b this •rant.
3. Would this support core program activities and, if so, which one(s)? Are additional funds
needed to support these activities?
The grant will support core program activities including treatment services to high need
populations across the age range, coordination of care, and integration with primary care.
Staffing and other associated costs will be limited to funding available through the grant
for both years.
Rev. 9/18/2015
4. Does this funding add new program activities? If so, what are the activities? Is it
appropriate to add these new activities at this time?
The funding does not add new program activities. It allows for the continuation of CCBHC
activities. _ _............................................................................._
5. Is there a science base to support delivering the activities and services listed? Please
describe that science base.
Yes, "health home" models of care are considered an evidence based practice which is
why SAMHSA and the National Council for Community Behavioral Health have advocated
for this grant funding. SAMHSA expects CCBHC programs to "improve the behavioral
health of individuals across the nation, advance integration of behavioral health with
physical health care, assimilate and utilize evidence based practices, and promote
improved access to high quay care."
6. How long would the funding be available? If the funding is for less than three years, what is
the plan to transition the work, staffing and expenses after the funding ends?
Two years. Health Services will continue to pursue available Federal funding to support
the program. FTE will continue to be limited duration and in the event additional Federal
or other external source funding is not acquired the FTE will be discontinued.
7. What is the application deadline? Do you anticipate any problems meeting this deadline?
LJuiy 9, 2018 — No problems are anticipated.
8. Do you have the staffing to write a competitive proposal? If not, how will you contract for
these services?
DCHS has contracted with a grant writer who is collaborating with DCHS staff to write the
grant. _.._._...._..
9. Are there any matching requirements?
�mmNo:
10. What other partner organizations could potentially be applying? What is the plan to work
with them?
No.
11. What are the potential political issues that could arise as a result of this application, funding,
and/or activity?
[WNone anticipated. This would be an extension of a current prgram, not a nevv_program
12. What is the fiscal impact to the department if we are awarded this grant? ATTACH fiscal
impact analysis completed with Business Manager approval.
Th e grant will cover all associated costs. No additional financial impact.
Rev. 9/18/2015
13. Will a contract be required if we are awarded this grant? If yes, is there sufficient time to
complete the contract process (estimated timeline: 4-6 weeks) prior to starting the work?
The grant will overlap with the current CCBHC PPS funding from the State so there will be
no issues with attending to grant deliverables as it isa continuation of existing services.
Department Di
ctor Signature
Date
Director to Attend Board Meeting? (check one) IR Yes
Contract Specialist Review:
Board Meeting Date:
Time:
Grant Application Number:
Rev. 9/18/2015
Health Services Requested Hiring Freeze Exemptions
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through this one posting.
o 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 July 11, 2018
DATE: July 2, 2018
FROM: Jacob Ripper, Community Development, 541-385-1759
TITLE OF AGENDA ITEM:
Potential Marijuana Production Appeal, 70820 Indian Ford Road and Consideration of
Order 2018-051
RECOMMENDATION & ACTION REQUESTED:
Staff has prepared Board Order 2018-051 to hear a potential appeal of a marijuana
production application.
ATTENDANCE:
Jacob Ripper, Senior Planner.
SUMMARY:
The applicant requested to convert a lawfully -established medical marijuana grow site to
a recreational marijuana grow site. No expansion is proposed. The maximum canopy is
1,200 square feet and will be located inside an existing structure.
STAFF MEMO
E ... IvNELOPMENT
Date: July 3, 2018
To: Board of County Commissioners
From: Jacob Ripper, Senior Planner
Re: Administrative Decision (File No. 247 -17 -000827 -AD) to Hear Potential Appeal
The Board of County Commissioners (Board) will conduct a work session on July 11 at 3:00 PM and
will consider hearing a potential appeal of an administrative decision (File No. 247 -17 -000827 -AD)
approving a marijuana production application.
I. Application
On October 9, 2017, an application was filed for an Administrative Determination (AD) to establish
a marijuana production facility at 70820 Indian Ford Road, Bend. The applicant requested approval
to establish a marijuana production facility in the Exclusive Farm Use (EFU) zone. The proposal
consists of a maximum mature plant canopy size of 1,200 square feet within an existing building.
I1. Decision
On April 5, 2018, the application was deemed complete after the applicant submitted additional
information. The Planning Division issued a decision (Attachment 1) without a public hearing for
marijuana production on July 3, 2018, determining the applicant met the applicable criteria. 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 July 16, 2018.
III. Appeal
Staff considers an appeal may be likely based on public comments received from a neighbor.
IV. 150 -day Issuance of a Final Local Decision
The 150 -day period for issuance of a final local decision is September 2, 2018.
117 NVV Lafayette Avenue, Bend, Oregon 97703 P.O. box 6005, Bend, OR 97708-6005
$�� (54 I) 388-6575 iia 01 01Jdeschut es .or9 WW/V.desc I u. t s.org1( 9
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 Officer'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 Sunday, July 15, therefore, in accordance
with DCC 22.08.070 an appeal must be filed no later than 5:00 PM on Monday, July 16.
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 -000827 -AD
2. Area Map
3. Board Order 2018-051
247 -18 -000827 -AD Page 2 of 2
Attachment 1:
Administrative Decision for File No. 247 -17 -000827 -AD
1' ES
D EVE. L. . } P,
FINDINGS & DECISION
FILE NUMBER: 247 -17 -000827 -AD
APPLICANT/OWNER: John and Lelia McIntire Trust
c/o John McIntire
70865 Indian Ford Road
Sisters, OR 97759
PROPOSAL: The applicant requests approval of an Administrative Determination to
convert an existing medical marijuana production site to a recreational
marijuana production site in the Exclusive Farm Use Zone. The size of
the canopy will not increase and will have a maximum of 1,200 square
feet of mature plant canopy within an existing structure.
STAFF CONTACT: Jacob Ripper, Senior Planner
I. APPLICABLE CRITERIA
Deschutes County Code (DCC):
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use Zones (EFU)
Chapter 18.88, Wildlife Area Combining Zone (WA)
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 70820 Indian Ford Road, Sisters,
OR 97759; and is further identified on Deschutes County Assessor's Map 14-10-00, as tax lot
308.
B. Lot of Record: The subject property is a legal lot of record as it is Parcel 2 of Minor Partition
file MP -88-16 (County Survey #00040).
1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005
t, (541) 388-6575 @cdd@deschutes.org www.deschutes.org/cd
C. Zoning: The property is zoned Exclusive Farm Use - Sisters -Cloverdale Subzone (EFU-SC),
and is designated Agriculture on the Deschutes County Comprehensive Plan. The property
is also within the Wildlife Area (WA) Combining Zone.
D. Proposal: The applicant requests approval of an Administrative Determination to convert an
existing OHA1-registered medical marijuana production site to an OLCC2-licensed
recreational marijuana production site in the Exclusive Farm Use Zone. The size of the
production site will not increase and will have a maximum of 1,200 square feet of mature
plant canopy within the existing structure used for the existing medical grow. The original
application materials suggested there would be the maximally allowed 40,000 square feet of
mature canopy, but the applicant clarified that the canopy size was an error. The oversight
was corrected in supplemental application materials.
E. Site Description: The subject property is 81.07 acres in size. The property slopes downhill
to the south, fronts on Indian Ford Road, and is developed with a single -dwelling, a
temporary medical hardship dwelling, and several accessory structures. The primary
dwelling and the existing structure to be used for marijuana production are located in the
central portion of the property. The property is surrounded by the Deschutes National Forest
to the east, north, and west. Three privately -owned tax lots are located to the south of and
west of the subject property, and only the property to the west directly abuts the subject
property.
F. Public Agency Comments: The Planning Division mailed the first Notice of Application on
October 17, 2017, and the second Notice of Application on April 16, 2018, to reflect the
decrease in mature canopy size, and received comments from the following agencies:
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 Environmental Soils Division:
Any human wastewater generated with this proposal must [be] treated and disposed in an
approved onsite wastewater treatment system permitted and approved for the proposed use (OAR
340-071).
Deschutes County Senior Transportation Planner (revised comments 04/23/18):
I have reviewed the transmittal materials for 247 -17 -000827 -AD for a marijuana production
(growing) operation in the Exclusive Farm Use (EFU) and Wildlife Area (WA) zones at 70820 Indian
1 Oregon Health Authority
2 Oregon Liquor Control Commission
247 -18 -000827 -AD Page 2 of 22
Ford Road, aka 14-10-00, Tax Lot 308. This is a revised proposal at the same location, reducing
the amount of mature canopy from its original 40,000 square feet to 1,200 square feet.
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 1,200 square feet of mature canopy, so the access requirement does
not apply. The applicant needs to provide a copy of their driveway permit to access Indian Ford
or make obtaining a driveway permit from the County a condition of approval to comply with DCC
17.48.210(A). The traffic study requirements of DCC 18.116.310 are not applicable for a marijuana
production application as no site plan is required for this application. Thus no traffic study can
be required.
Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The County uses
the most recent edition of the Institute of Traffic Engineers (ITE) trip generation manual to assess
SDCs. The ITE manual 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.
The ITE indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The
applicant's materials indicates the building used for production is 2,280 square feet. County SDCs
are based on the building's total square footage related to cannabis production and support and
not the square footage of the mature canopy. Thus the site would generate would generate 0.73
p.m. peak hour trips (2.28 X 0.32). The resulting SDC is $2,874 (0.73 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.
The following agencies either had no comment or did not respond to the notice: Central
Electric Co-op, Deschutes County Assessor, Deschutes County Road Department, Deschutes
National Forest, Oregon Department of Fish & Wildlife, Oregon Department of State Lands,
Sisters -Camp Sherman Fire Department, Sisters Ranger District, D.N.F, and Watermaster -
District 11
G. Public Comments: The Planning Division mailed written notice of this action to property
owners within 750 feet of the subject property on October 17, 2017, and April 16, 2018.
The following concerns were expressed in three comment letters which staff received from
the public. Two of the letters were from the same party (Juniper Financial Services LLC, c/o
David Jostad) and opposed the proposal, and one letter generally opposed the County's
marijuana regulations and generally supported marijuana production as a farm use (Matt
Cyrus). In summary, staff has attempted to capture the impacts, comments, requests, and
concerns identified in those comment letters received prior to the date of this decision:
David R. Jostad
1. "Marijuana Production" is not identified as the proposed use (versus processing,
wholesale, or retail).
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2. Current use of the property as a medical marijuana grow site and if the medical grow
is in compliance with DCC 18.116.330(B)(9)-(12), (16)-(17).
3. Size of production area and location of production building is not provided.
4. Outdoor lighting concerns.
5. Odor control concerns.
6. Water source - water delivery quantity and frequency.
7. Electrical utility verification letter.
8. Outside waste disposal receptacle.
9. No screening or fencing proposed.
Matt Cyrus
10. The County's Right to Farm ordinance in Title 9, specifically Section 9.12.080
supersedes marijuana regulations in Title 18, Section 18.116.330.
11. Oregon Revised Statutes (ORS) 475B - Cannabis Regulation prohibits public land use
processes.
12. DCC 18.116.330 violates "reasonable" local time, place, and manner conditions
allowed by ORS 475B.340
The Deschutes County Code (DCC) Title 18 would only allow the Planning Division (and any
other County hearings body) to approve or deny this application based on the criteria listed
in Section I "Applicable Criteria" above. Mr. Jostad's comments address several applicable
criteria which are discussed in the findings of Section III "Findings & Conclusions" below,
along with all other applicable criteria of the DCC Title 18.
In regards to the comments received from Mr. Cyrus, the applicant has requested approval
of marijuana production in the Exclusive Farm Use Zone, which is a use permitted outright
by DCC 18.16.020(S), subject to the provisions of DCC 18.116.330. The County
Commissioners constitute the legislative branch of Deschutes County government and enact
applicable laws via ordinances, which then are codified in the Deschutes County Code. Staff
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 and regulate
marijuana production facilities in the EFU zone as an outright permitted use.
H. Review Period: This application was submitted on October 9, 2017. It was deemed
incomplete on November 1, 2018. After the applicant submitted additional information, the
application was accepted and deemed complete on April 5, 2018. The 150th day on which
the County must take final action on this application is September 2, 2018. The applicant has
also complied with the posted notice requirements of Section 22.23.030(B) of Title 22. The
applicant has submitted a Land Use Action Sign Affidavit for the application dated April 30,
2018, which indicates that the applicant posted notice of the land use action on April 10,
2018.
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I11. FINDINGS & CONCLUSIONS
A. Chapter 18.16, Exclusive Farm Use Zones
1. Section 18.16.020. Use 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 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. 18.16.060. Dimensional Standards.
E. Building height. No building or structure shall be erected or enlarged to exceed 30
feet in height, except as allowed under DCC 18.120.040.
FINDING: The applicant submitted a building elevation for the existing structure, indicating a height
of approximately 17 feet. No modification to the height of the building has been proposed,
therefore, this condition will be met.
3. Section 18.16.070. Yards.
A. The front yard shall be a minimum of: 40 feet from a property line fronting on a local
street, 60 feet from a property line fronting on a collector street, and 100 feet from
a property line fronting on an arterial street.
B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling
proposed on property with side yards adjacent to property currently employed in
farm use, and receiving special assessment for farm use, the side yard shall be a
minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling
proposed on property with a rear yard adjacent to property currently employed in
farm use, and receiving special assessment for farm use, the rear yard shall be a
minimum of 100 feet.
D. In addition to the setbacks set forth herein, any greater setbacks required by
applicable building or structural codes adopted by the State of Oregon and/or the
County under DCC 15.04 shall be met.
FINDING: The subject property fronts on and obtains access from Indian Ford Road. The southern
property line is the front lot line. Indian Ford Road is a county -maintained rural collector road and
the required front yard setback is 60 feet. The proposal is to locate the marijuana production within
an existing accessory structure. The revised plot plan indicates the structure will be approximately
1,190 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 revised plot plan indicates an
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eastern side yard setback of approximately 540 feet, a western side yard setback of approximately
798 feet, and a northern rear yard setback of approximately 1,090 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 18.88. WILDLIFE AREA COMBINING ZONE
1. Section 18.88.030. Uses Permitted Outright.
In a zone with which the WA Zone is combined, the uses permitted outright shall be
those permitted outright by the underlying zone.
FINDING: Marijuana production is a use permitted outright in the EFU Zone, therefore, is also
permitted outright in the WA Combining Zone.
2. Section 18.88.060. Siting Standards.
B. The footprint, including decks and porches, for new dwellings shall be located
entirely within 300 feet of public roads, private roads or recorded easements
for vehicular access existing as of August 5, 1992...
FINDING: The proposal is not for a dwelling, therefore, this criterion does not apply.
3. Section 18.88.070. Fencing Standards.
A. New fences in the Wildlife Area Combining Zone shall be designed to permit
wildlife passage. The following standards and guidelines shall apply unless
an alternative fence design which provides equivalent wildlife passage is
approved by the County after consultation with the Oregon Department of
Fish and Wildlife:
1. The distance between the ground and the bottom strand or board of
the fence shall be at least 15 inches.
2. The height of the fence shall not exceed 48 inches above ground level.
3. Smooth wire and wooden fences that allow passage of wildlife are
preferred. Woven wire fences are discouraged.
8. Exemptions:
1. Fences encompassing less than 10,000 square feet which surround or
are adjacent to residences or structures are exempt from the above
fencing standards.
2. Corrals used for working livestock
FINDING: The applicant's proposal does not include new fencing with this development. However,
the applicant can comply with this criterion through the following condition of approval. Staff notes
247 -18 -000827 -AD Page 6 of 22
that there are additional fencing standards related to marijuana -specific uses, which are reviewed
below.
Fencing (Wildlife): Any fences constructed on the subject property as part of the proposed
development shall meet the standards of the Wildlife Area Combining Zone (DCC 18.88.070).
C. Chapter 18.116, Supplementary Provisions
1. Section 18.116.330, Marijuana Production, Processing, and Retailing.
A. Applicability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU, MUA-10, and RI zones.
2. Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tul, RI, and SUBP
zones
3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and
SUBP zones.
4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones.
FINDING: The applicant has proposed marijuana production in the EFU zone. This section applies.
8. 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 a legal lot of record and is 81.07 acres in size. 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 will occur within an existing structure, complying with these criteria. Mr. Jostad's
comments discuss a proposal for outdoor growing in several sections of his objections, however,
the application materials clearly demonstrate that all current and future production is to occur
within an existing building and no marijuana plants will be located outdoors. Staff includes the
following condition of approval to ensure compliance with the requirements of this section.
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No Outdoor Production: Marijuana production is prohibited in any outdoor area.
3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy
area for mature marijuana plants shall apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square
feet.
b. Parcels equal to or greater than 10 acres to less than 20 acres in lot
area: 5,000 square feet. The maximum canopy area for mature
marijuana plants may be increased to 10,000 square feet upon
demonstration by the applicant to the County that:
i. The marijuana production operation was lawfully established
prior to January 1, 2015; and
ii. The increased mature marijuana plant canopy area will not
generate adverse impact of visual, odor, noise, lighting, privacy
or access greater than the impacts associated with a 5,000
square foot canopy area operation.
c. Parcels equal to or greater than 20 acres to less than 40 acres in lot
area: 10,000 square feet.
d. Parcels equal to or greater than 40 acres to less than 60 acres in lot
area: 20,000 square feet.
e. Parcels equal to or greater than 60 acres in lot area: 40,000 square
feet.
FINDING: The property is 81.07 acres in size, therefore it qualifies for up to 40,000 square feet of
mature plant canopy. The applicant has proposed a maximum of only 1,200 square feet of mature
plant canopy area. Mr. Jostad's comments claim a lack of specificity in the size of the proposal in his
objections. Staff clarifies that the applicant states they incorrectly identified the canopy as 40,000
square feet in the original application materials and that the actual mature canopy will be 1,200
square feet. In the revised application materials, the applicant provided a floor plan of the
production building which shows two grow rooms for mature plants that are 600 square feet each,
one seedling and cloning (immature plants) room at 480 square feet, and a 600 square foot room
for trimming and drying harvested plants. This criterion will be met.
Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall
not exceed 1,200 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.
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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 property is currently used as an OHA-registered grow site and the proposal is to
transition to an Oregon Liquor Control Commission (OLCC) licensed marijuana production site. The
OHA operations will cease once an OLCC license is obtained. 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 demonstrates the reduced setbacks afford equal or greater
mitigation of visual, odor, noise, lighting, privacy, and access impacts.
FINDING: The revised plot plan indicates the existing structure to be used for marijuana production
is 540 feet to the closest property line, which is the eastern property line that abuts the Deschutes
National Forest. The closest privately -owned properties are tax lots 309 to the southwest and 306
to the south. Those properties are approximately 1,100 and 1,200 feet from the production building,
respectively. The application materials state the closest off-site dwelling is located over 3,000 feet
away. The County's GIS online mapping tool3 indicates that the closest off-site dwelling may be
located approximately 1,600 feet from the production building on tax lot 300 to the southwest. It
can be difficult to distinguish on any aerial photo which building on a property is a dwelling,
however, what can be confirmed for certain is that no matter which dwelling is the closest to the
production building, it is substantially further than the required 300 feet. 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;
3 http://dial.deschutes.org/Real/InteractiveMap/166196
247 -18 -000827 -AD Page 9 of 22
iii. A licensed child care center or licensed preschool, including any
parking lot appurtenant thereto and any property used by the
child care center or preschool. This does not include licensed or
unlicensed child care which occurs at or in residential
structures;
iv. A youth activity center; and
v. National monuments and state parks.
b. For purposes of DCC 18.116.330(8)(7), all distances shall be measured
from the lot line of the affected properties listed in DCC
18.116.330(8)(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(8)(7) shall not result in the marijuana producer or
marijuana processor being in violation of DCC 18.116.330(8)(7) if the
use is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
FINDING: The applicant states the subject property greatly exceeds these separation distance
requirements. There are four (4) tax Tots wholly or partially within 1,000 feet of the subject property.
According to staff's review of Deschutes County records, none of these properties appear to be in 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. lithe 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;
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.
247 -18 -000827 -AD Page 10 of 22
FINDING: As discussed above, the applicant proposes a maximum mature plant canopy size of
1,200 square feet, therefore, these criteria do not apply. Notwithstanding applicability, the property
has frontage on and direct legal access from Indian Ford Road, a constructed County road, as
evidenced by Driveway Access Permit SW1469 issued in 1988.
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 application materials indicate that the marijuana production building contains three
grow rooms. Two rooms are for mature plants and one is for immature plants. The building also
contains a room for drying and trimming harvested marijuana and office operations. The floor plan
for the building and photographs show the rooms used for growing do not contain windows and
no light can escape from those rooms at any time. The drying/trimming/office room does have two
windows on the north side of the building but is separated from the growing rooms by solid walls
and a single closing door. The applicant did not identify if there are existing or proposed exterior
Tight fixtures. These lighting requirements are standards that are both objective and ongoing. Staff
finds compliance with these standards can be ensured with the following condition of approval.
Lighting: The following lighting standards shall be met at all times:
(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
Tamp 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(8)(10), building means the building, including
greenhouses, hoop houses, and other similar structures, used for marijuana
production or marijuana processing.
a. The building shall be equipped with an effective odor control system
which must at all times prevent unreasonable interference of
neighbors' use and enjoyment of their property.
b. An odor control system is deemed permitted only after the applicant
submits a report by a mechanical engineer licensed in the State of
Oregon demonstrating that the system will control odor so as not to
247 -18 -000827 -AD Page 11 of 22
unreasonably interfere with neighbors' use and enjoyment of their
property.
c. Private actions alleging nuisance or trespass associated with odor
impacts are authorized, if at all, as provided in applicable state
statute.
d. The odor control system shall:
i. Consist of one or more fans. The fan(s) shall be sized for cubic
feet per minute (CFM) equivalent to the volume of the building
(length multiplied by width multiplied by height) divided by
three. The filter(s) shall be rated for the required CFM; or
ii. Utilize an alternative method or technology to achieve equal to
or greater odor mitigation than provided by (i) above.
e. The system shall be maintained in working order and shall be
in use.
FINDING: The applicant submitted a site-specific report prepared by Oregon -licensed Mechanical
Engineer Laura J. Breit, PE of ColeBreit Engineering, dated December 28, 2017. The letter states the
building has already been equipped with a ventilation and carbon filter system that removes odor
from all air being exhausted from the building. The report states this has been demonstrated by a
site visit at this specific building with the equipment running and no odor could be detected
immediately outside of the building.
The report goes on to describe the 30 -foot by 60 -foot office (staff notes that the "office" is labeled
as the "trimming -drying" room on the submitted floor plan). This room does not currently have a
separate ventilation/conditioning system, so the engineer has calculated the cubic footage of the
room and described that installing two (2) 12" Max -Fan with Can 75 carbon filters (or similar) in that
room will further ensure the criteria of this section are met, and will prevent unreasonable
interference of neighbors' use and enjoyment of their own properties.
Staff finds these criteria will be met when the applicants install the additional odor control system
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.
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.
247 -18 -000827 -AD Page 12 of 22
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 Laura J. Breit, PE of ColeBreit Engineering, dated December 28, 2017. The report states
that the cooling fans are located in the wall of the building. The ambient noise at 30 feet from the
east side of the building was measured at 54.5 dBA and with the fans turned on was 57.9 dBA. The
engineer states a 3.4 dBA difference is barely perceptible to the human ear. The engineer goes on
to state that the sound pressure levels from the fans will drop to below 30 dBA at 320 feet from the
eastern side of the building. As previously discussed, the nearest property line to the production
building is approximately 520 feet to the east. The Deschutes National Forest surrounds the
property to the east, north, and west. Other property lines that border either private property or
the public right-of-way are all well over 1,000 feet away. These criteria will be met.
Staff adds the following condition to further 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.
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 Combining Zone but is in the
Wildlife Area Combining Zone. No fencing or razor wire is proposed. In a letter from Mr. Jostad, he
247 -18 -000827 -AD Page 13 of 22
suggested that screening and/or fencing should be required for the outdoor grow. No outdoor grow
is proposed, nor would an outdoor grow be approvable by DCC 18.116.330. Additionally, this
criterion does not require fencing or screening, rather it provides design regulations if fencing or
razor wire are proposed. No fencing or razor wire have been proposed, therefore, subsection (b)
and (c) do not apply, however, if the applicant were to add fencing in the future, these criteria can
be met through the following condition of approval.
Fencing (Marijuana): Any fences constructed on the subject property as part of the proposed
development 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.
The production building is surrounded on all sides by moderate to thick vegetation mostly in the
form of mature pine trees. To ensure ongoing compliance with subsection (d) above, staff adds the
following condition of approval.
Vegetative Screening: The existing tree and shrub cover screening the development from the public
right-of-way and 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 proposes to have water delivered to the property by Bend Water Hauling
LLC and stored on site in a 1,500 gallon reservoir that is separate from the property's residential
water system. The materials indicate an anticipated usage of approximately 1,500 gallons every 90
days. The applicant submitted a letter from Bend Water Hauling dated December 12, 2017, stating
they are willing and able to serve the use on this property with up to 2,000 gallons of water per
month. This "will -serve" letter and the applicant's water estimates were challenged by Mr. jostad as
being inconsistent and lacking proof that enough water is going to be delivered. If the "will -serve"
letter identified fewer quantities of water to be delivered less frequently than needed by the
applicant, staff would agree that additional information would be required, but this is not the case.
If an abundance of water is available for the use, staff understands this will ensure compliance with
this criterion rather than the reverse.
247 -18 -000827 -AD Page 14 of 22
Mr. jostad's letter also questions the impact of water delivery on the neighboring property owners.
With a minimum frequency of one delivery every 90 days and a maximum frequency of one delivery
every month, staff finds no evidence to assume negative traffic impacts. Additionally, traffic from a
water delivery vehicle are not associated with an approval criterion, so this objection is immaterial
as it relates to the subject land use proposal.
In the Tewalt4 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.
The Board's Tewalt decision was appeal to the Land Use Board of Appeals (LUBA), which affirmed
the decision in Robert P. King v Deschutes County'. LUBA implicitly determined that a water hauler can
be a water provider, and that a letter from a water hauler satisfies the "plain language of DCC
18.166.330(B)(13)" requiring "a statement that water is supplied from a ... private water provider,
along with the name and contact information of the water provider." Second, LUBA confirmed that
the only code at issue is DCC 18.116.330(B)(13)(b), and the County thereby is not required "to apply
any provision of the generically -described 'Oregon Water Law' to interveners' application for an
administrative decision from the county and determine whether interveners' application is
consistent with state laws governing water use."
In light of these Board and LUBA decisions, staff accepts Bend Water Hauling LLC as an acceptable
water source. Staff finds the subject condition of approval is not required, as outlined by LUBA, but
is also not prohibited by the criterion, therefore staff carries forward the condition of approval to
this 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
4 BOCC Document No 2017-718, Planning Division File Ns 247-17-000723-A
s LUBA No. 2017-126
247 -18 -000827 -AD Page 15 of 22
within the boundaries of or under contract with a fire protection
district.
FINDING: No processing is proposed. This section does not apply.
15. Utility Verification. A statement from each utility company proposed
to serve the operation, stating that each such company is able and
willing to serve the operation, shall be provided.
FINDING: The applicant submitted a "will serve" letter from the Central Electric Cooperative (CEC)
dated December 18, 2017. Mr. Jostad's comments claim the letter does not identify the use or
electrical load, however, staff clarifies that the letter does contain information identifying the use as
marijuana production, the electrical load, and that the electrical load can be provided for. The letter
from CEC states:
In response to your Inquiry, please be advised that property located in T14S., R10., W.M., Section
00, Tax Lot 308, Deschutes County, Oregon, is within the service area of Central Electric
Cooperative, Inc.
Central Electric Cooperative has reviewed the provided load information (1 -Existing 400 amp
Single phase service) associated with the submitted Cannabis Grow Facility and is willing and
able to serve this location in accordance with the rates and policies of Central Electric Cooperative.
Staff notes this is an existing 400 amp electrical service and the applicant has provided copies of
CEC bills from 2016 and 2017. An electrical permit (247-15-006956-ELEC) was issued December 9,
2015 and received a final inspection on December 11, 2015 with a work description of installing
grow light circuits, wiring ventilation fans, and installing 2 200 -amp panels. This is the only utility the
proposal will utilize besides water, which is addressed above. This criterion is met.
16. Security Cameras. If security cameras are used, they shall be directed
to record only the subject property and public rights-of-way, except as
required to comply with requirements of the OLCC or the OHA.
FINDING: The floor plan identifies a security camera on the existing building. Due to the distance
to any neighboring property, staff finds it is infeasible that a security camera could record anything
besides the subject property. The applicant has agreed 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).
247 -18 -000827 -AD Page 16 of 22
FINDING: The applicant states, "Addressing solid waste, this will be stored in a locking and sealed
metal dumpster with camera security" and provided a photograph of the described dumpster. Mr.
Jostad states, "[the] Applicant should be required to specify standards for outdoor odor prevention
from grow waste from the pictured conventional outdoor dumpster". This criterion does not require
odor control for waste. Subsection (10) above requires odor mitigation for the building in which
marijuana production is occurring. That production building odor must be mitigated so as not to
unreasonably prevent neighbors from using and enjoying their property.
Notwithstanding the applicability of odor control to waste receptacles, staff finds it is highly
improbable that the odor from one closed and locked dumpster temporarily holding the waste from
a 1,200 square -foot marijuana production building will generate enough odor to unreasonably
prevent the owners of property well over 1,000 feet away the use and enjoyment their property.
Staff finds this criterion will be met and adds the following condition to ensure ongoing compliance
with the requirements of this section.
Waste: Marijuana waste shall be stored in a secured receptacle in the possession of and under the
control of the OLCC licensee.
18. Residency. In the MUA-10 zone, a minimum of one of the following
shall reside in a dwelling unit on the subject property:
a. An owner of the subject property;
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(8)(9) by September 8,
2016 and with the provisions of DCC 18.116.330(8)(10-12, 16, 17) by
December 8, 2016.
FINDING: The applicant indicates that the site was lawfully established as an OHA medical
marijuana grow site on December 22, 2015, prior to June 28, 016. Based on a statement from the
applicant, the revised mechanical engineer's report dated December 28, 2017, and the electric
permit for ventilation and lighting issued on December 9, 2015, staff finds the applicant has met
these criteria at least by those dates. Specifically, the applicant has complied with:
• DCC 18.116.330(B)(9) - Lighting: Pursuant to the findings above, the grow rooms within the
building have no windows and the building has solid walls.
247 -18 -000827 -AD Page 17 of 22
• DCC 18.116.330(6)(10) - Odor: Pursuant to the revised mechanical engineer's report dated
December 28, 2017, an odor control system is already in place. The report indicates the existing
grow and the proposed changes have and will comply with the odor control requirements.
Electrical and mechanical permits were issued in 2015 for heating, ventilation, and lighting.
• DCC 18.116.330(B)(11) - Noise: Pursuant to the revised mechanical engineer's report dated
December 28, 2017, the existing grow and proposed changes have and will comply with the
noise control requirements. Electrical and mechanical permits were issued in 2015 for heating,
ventilation, and lighting.
• DCC 18.116.330(B)(12) - Screening and Fencing: Screening and fencing is not used or required.
The property is not within the Landscape Management (LM) Combining Zone.
• DCC 18.116.330(6)(16) - Security Cameras: Due to the distance from the grow site to any
neighboring properties, cameras are not expected to have been able to record neighboring
properties. The applicant has stated they complied with the criterion.
• DCC 18.116.330(B)(17) - Secure Waste Disposal: The applicant states they have had an HCD (High
County Disposal) locked dumpster for waste. This is the same dumpster the applicant provided
photos of in the application materials.
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;
A commercial activity, as described in ORS 215.213(2)(c)
or 215.283(2)(a), carried on in conjunction a marijuana
crop; and
iv. Agri -tourism and other commercial events and
activities in conjunction with a marijuana crop.
c. In the EFU, MUA-10, and Rural Industrial zones, the following
uses are prohibited on the same property as marijuana
production:
i. Guest Lodge.
ii. Guest Ranch.
iii. Dude Ranch.
iv. Destination Resort.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii. Bed and Breakfast.
ix. Room and Board Arrangements.
247 -18 -000827 -AD Page 18 of 22
FINDING: None of the prohibited uses have been proposed by the applicant or currently exist on
the property. 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(6)(20) shall be prohibited on the subject property
so long as marijuana production is conducted on the site.
D. Annual Reporting
1. An annual report shall be submitted to the Community Development
Department by the real property owner or licensee, if different, each
February 1, documenting all of the following as of December 31 of the
previous year, including the applicable fee as adopted in the current County
Fee Schedule and a fully executed Consent to Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
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 -18 -000827 -AD Page 19 of 22
IV. CONCLUSION
Based on the foregoing findings, staff concludes that the proposed marijuana production facility
can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if
conditions of approval are met.
V. SYSTEM DEVELOPMENT CHARGE
Board Resolution 2013-020 sets an SDC rate of $3,937 per p.m. peak hour trip. The County uses the
most recent edition of the Institute of Traffic Engineers (ITE) trip generation manual to assess SDCs.
The ITE manual 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. The
ITE indicates Warehouse generates 0.32 p.m. peak hour trips per 1,000 square feet. The applicant's
materials indicates the building used for production is 2,280 square feet. County SDCs are based
on the building's total square footage related to cannabis production and support and not the
square footage of the mature canopy. Thus the site would generate would generate 0.73 p.m. peak
hour trips (2.28 X 0.32). The resulting SDC is $2,874 (0.73 X $3,937). The SDC is due prior to issuance
of certificate of occupancy; if a certificate of occupancy is not applicable, then the SDC is due within
60 days of the land use decision becoming final.
VI. DECISION
APPROVAL, subject to the following conditions of approval.
VII. ONGOING CONDITIONS OF APPROVAL
1. Use & Location: Marijuana production is conditionally approved inside the existing structure.
This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use will
require review through a new land use application.
2. Fencing (Wildlife): Any fences constructed on the subject property as part of the proposed
development shall meet the standards of the Wildlife Area Combining Zone (DCC 18.88.070).
3. No Outdoor Production: Marijuana production is prohibited in any outdoor area.
4. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana
plants shall not exceed 1,200 square feet at any time.
5. Lighting: The following lighting standards shall be met at all times:
247 -18 -000827 -AD Page 20 of 22
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; and
c. The light cast by exterior light fixtures other than marijuana growing lights shall comply
with DCC 15.10, Outdoor Lighting Control.
6. 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.
7. 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.
8. Fencing (Marijuana): Any fences constructed on the subject property as part of the proposed
development 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.
9. Vegetative Screening: The existing tree and shrub cover screening the development from the
public right-of-way and 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.
10. 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.
11. 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.
12. Waste: Marijuana waste shall be stored in a secured receptacle in the possession of and
under the control of the OLCC licensee.
13. Prohibited Uses: The uses listed in DCC 18.116.330(6)(20) shall be prohibited on the subject
property so long as marijuana production is conducted on the site.
14. 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:
247 -18 -000827 -AD Page 21 of 22
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.
VIII. DURATION OF APPROVAL:
The applicant shall complete all conditions of approval and obtain building permits for the proposed
use (if required) 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: Jacob Ripper, Senior Planner
Reviewed by: Peter Gutowsky, Planning Manager
247 -18 -000827 -AD
Page 22 of 22
Attachment 2:
Area M a p
247 -17 -000827 -AD
70820 Indian Ford Road
Deschute
Nations
Forest
Deschutes County GIS, Sources: Esri, USGS, NOAA
Attachment 3:
Board Order 2018-051
STAFF MEMO
Date: July 9, 2018
To: Board of County Commissioners
From: Izze Liu, Associate Planner
Re: Administrative Decision (File Nos. 247 -17 -000577 -AD, 578 -SP, 692 -AD) to Hear Potential
Appeal
The Board of County Commissioners (Board) will conduct a work session on July 11th at 3:00 PM and
will consider hearing a potential appeal of an administrative decision (File No. 247 -17 -000577 -AD,
578 -SP, 692 -AD) approving a marijuana production and processing application.
I. Application
On July 14, 2017, an application was filed for an Administrative Determination (AD) to establish a
marijuana production facility at 18370 Pinehurst Rd, Bend. The applicant requested approval to
expand an existing marijuana production facility and establish a new marijuana processing facility
within an existing accessory structure in the Exclusive Farm Use (EFU) zone. The mature plant
canopy area is proposed to be increased from 3,000 square feet to the maximum of 5,000 square
feet. The applicant is proposing to build a new greenhouse next to the existing greenhouse on the
subject property for the marijuana production expansion. For the marijuana processing use, the
applicant will be utilizing the first floor of an existing 900 -square -foot accessory structure.
H. Decision
On December 20, 2017, the application was deemed complete after the applicant submitted
additional information. The applicant tolled the clock for a total of 102 days: January 12, 2018 to
March 13, 2018, May 15, 2018 to June 12, 2018, June 14, 2018 to June 28, 2018. The Planning Division
issued an administrative decision without a public hearing for marijuana production and processing
on July 3, 2018, determining the applicant met the applicable criteria (Attachment 1). Notice of the
decision was sent to neighboring property owners and those that provided comments. The decision
becomes final if not appealed by 5:00 PM on July 16, 2018.
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 OP cdd@deschutes.org www.deschutes.org/cd
III. Appeal
Although no appeal has been filed yet, staff considers an appeal could be likely based on the
comments received.
IV. 150 -day Issuance of a Final Local Decision
The 150 -day period for issuance of a final local decision is August 31, 2018.
V. Board Options
Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to
initiate review of any administrative action or a Hearings Body's decision within 12 days of the date
of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12`" day
following the mailing date of this decision is duly 16, 2018.
Attachment 3 is a Board Order to initiate a de novo review of this file, should a timely appeal be
filed.
Attachments:
1. Administrative Decision for File Nos. 247 -17 -000577 -AD, 578 -SP and 692 -AD
2. Site Plan
3. Board Order to Initiate Review
247 -17 -000577 -AD, 578 -SP, 692 -AD Page 2 of 2
Attachment 1 - Administrative Decision
This page intentionally left blank.
NT
FINDINGS & DECISION
FILE NUMBER: 247 -17 -000577 -AD, 578 -SP, 692 -AD
APPLICANT: Kyle Mills
OWNER: Max and Lori Mills
PROPOSAL: The applicant requests approval of an Administrative Determination to
expand and existing marijuana production facility and an Administrative
Determination and Site Plan review to establish a new processing facility in the
Exclusive Farm Use Zone.
STAFF CONTACT: Izze Liu, Associate Planner
I. APPLICABLE CRITERIA
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use (EFU) Zones
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 18370 Pinehurst Road, Bend;
and is identified on County Assessor Tax Map 16-11-34 as tax lot 904.
B. LOT OF RECORD: The subject property is a legal lot of record because it was platted as Parcel
1 of MP -77-87.
C. ZONING: The property is zoned EFU.
D. PROPOSAL: The applicant requests approval of an Administrative Determination to expand
an existing marijuana production facility on the subject property to the maximum mature
plant canopy area of 5,000 square feet. The applicant is also requesting an Administrative
117 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Fend, 00 97708-6005
(56I i) 388-6575 ccid@deschutes .org wywv.deschutes.org/cd
Determination and Site Plan review for a new marijuana processing facility within an existing
accessory structure.
E. LAND USE HISTORY: In 2016, the subject property was approved for a marijuana production
facility pursuant to file number 247 -16 -000555 -AD. The approved marijuana production
facility is within a greenhouse and the maximum mature plant canopy area is 3,000 square
feet.
F. SITE DESCRIPTION: The subject property is 10.106 acres in size and rectangular in shape.
The property is accessed from Pinehurst Road, a rural local road. The topography is relatively
level with a moderate cover of vegetation and pasture land. The subject property is
developed with an existing dwelling and four accessory farm structures. All existing
structures are clustered in the center of the property.
Subject Property
G. PUBLIC AGENCY COMMENTS: The Planning Division mailed a Notice of Application and
received comments from the following agencies:
1. Deschutes County Building Division: Randy Scheid, Building Official, provided the
following comments on July 21, 2017:
Notice: The Deschutes County Building Safety Divisions code mandates that Access, Egress,
Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed
during the appropriate plan review process with regard to any proposed structures and
occupancies.
Accordingly, all Building Code required items will be addressed, when a specific structure,
occupancy, and type of construction is proposed and submitted for plan review.
247 -17 -000577 -AD, 578 -SP, 692 -AD Page 2 of 34
2. Central Electric Cooperative, Inc.: Parneli Perkins, Lands Specialist, provided the following
comments on July 21, 2017:
CEC requests the applicant apply for a new electrical service by calling 541-548-2144 and
provide electrical load and demand requirements for this activity. CEC will determine if
capacity is available.
[STAFF COMMENT: The applicant provided a "will serve" letter from CEC dated July 26,
2017, stating that CEC is willing and able to serve the subject property.]
3. Tumalo Irrigation District: Deborah Simenson, Bookkeeper, provided the following
comments on July 21, 2017:
This letter is to confirm that there are 5.74 total acres of water rights appurtenant to the
above referenced property, delivered by Tumalo Irrigation District. Please see the enclosed
aerial map that shows the footprint of where these water rights are mapped.
In the State of Oregon, the irrigation of marijuana is considered a beneficial use for the
District's water rights. Water rights may only be used during the official irrigation season as
documented in certificates 74146 and 74147, issued by the State of Oregon. Tumalo
Irrigation District's water right certificates, 74146 and 74147, allow use from April 1 to Nov.
1. Outside of this time frame, Tumalo Irrigation District water rights cannot be used for
irrigation. Those wishing to grow outside of the specified irrigation season must find
alternate sources, such as water hauling or well water right issued by the State.
OAR 690-300-0010 definition; (26) "irrigation" means the artificial application of water to
crops or plants by controlled means to promote growth or nourish crops or plants. Examples
of these uses include, but are not limited to, watering of an agricultural crop, commercial
garden, tree farm, orchard, park, golf course, play field or vineyard and alkali abatement.
4. Deschutes County Assessor: Nora Wallace, Assessment Tech III, provided the following
comments on July 26, 2017:
1 am responding for the Assessor's office regarding the above application. This property is in
farm deferral.
5. Deschutes County Planning Division: Peter Russell, Senior Transportation Planner,
provided the following comments on July 28, 2017:
I have reviewed the transmittal materials for 247-17-000577-AD/578-SP to expand a
marijuana production (growing) operation approved under 247 -16 -000555 -AD and add 900
square feet of processing in the Exclusive Farm Use (EFU) zone at 18370 Pinehurst Road, aka
16-11-34, Tax Lot 904. The site was previously approved for a single greenhouse under 247-
16 -000555 -AD.
247 -17 -000577 -AD, 578 -SP, 692 -AD Page 3 of 34
Deschutes County Code (DCC) 18.116.330(8)(8)(F) only requires proof of access for marijuana
production and the property accesses Pinehurst, a County -maintained road. The traffic
study requirements of DCC 18.116.310(C) do not apply for marijuana production. Even if the
traffic study requirements applied, 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 have two new
greenhouse for cannabis production measuring Z995 square feet each for a total of 5,990
square feet (2,995 X 2) of new marijuana production. The resulting trips for production
would be 21.3 daily trips (3.56 X 5.99). Deschutes County Code (DCC) at 18.116.310(C)(3)(a)
states no further traffic analysis is needed if there are 50 or less new weekday trips
generated from the use. The proposed marijuana production land use will not meet this
minimum threshold for additional traffic analysis, even if it were applicable.
The ITE manual does not contain a category for marijuana processing; in consultation with
the Road Department and Planning staff the County has determined the best analog is
Manufacturing (LU 140). The applicant has indicated a 30 X 30 building or 900 square
feet. Manufacturing generates 3.82 weekday trips per 1,000 square feet, so the proposed use
will generate 3.4 weekday trips (3.82 X 0.9), which does not exceed the 50 daily trip minimum
for additional traffic analysis.
Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of
$3,937 per p.m. peak hour trip. The ITE indicates Warehouse generates 0.32 p.m. peak hour
trips per 1,000 square feet, which in this instance would result in 1.92 p.m. peak hour trips
(0.32 X 5.99). Thus the applicable SDC for marijuana production would be $7,559 (1.92 X
$3,937). The ITE indicates Manufacturing generates 0.73 p.m. peak hour trips per 1,000
square feet, which results in 0.66 p.m. peak hour trips. The SDC for marijuana processing is
$2,598 (0.66 X $3,937). The total SDC is $10,157 ($7,559 + $2,598). The SDC is due prior to
issuance of certificate of occupancy; if a certificate of occupancy is not applicable, then the
SDC is due within 60 days of the land use decision becoming final.
6. Bend Fire Department: Jeff Bond, Deputy Fire Marshal, provided the following
comments on August 8, 2017:
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.
247 -17 -000577 -AD, 578 -SP, 692 -AD Page 4 of 34
• NFPA 704 hazard identification signs shall be placed on stationary containers and
above ground tanks and at entrances to locations where hazardous materials are
stored, dispensed, used, or handled in quantities requiring a permit and at specific
entrances and locations designated by the fire code official. Section 5003.5 of the
2014 Oregon Fire Code.
• Clearance between ignition sources, such as luminaires, heaters, flame -producing
devices, and combustible materials, shall be maintained in an approved manner.
Section 305.1 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.
• 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 Ib. ABC 4A:80B:C portable fire extinguishers through the facility to
achieve a maximum travel distance of no more than 75 feet to each fire
extinguisher. Section 906.1 of the 2014 Oregon Fire Code.
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.
Fire Protection Water Supplies:
• An approved water supply capable of supplying the required fire flow for fire
protection shall be provided to premises upon which facilities, buildings or portions
of buildings are hereafter constructed or moved into or within the jurisdiction.
Section 507.1 of the 2014 Oregon Fire Code.
247 -17 -000577 -AD, 578 -SP, 692 -AD Page 5 of 34
• Fire flow requirements for buildings or portions of buildings shall be determined by
an approved method. Documentation of the available fire flow shall be provided to
the fire code official prior to final approval of the water supply system.
• In areas without water supply systems, the fire code official is authorized to use
NFPA 1142 in determining fire flow requirements. Appendix B107.1 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.
Electrical:
• Identified electrical hazards shall be abated. Identified hazardous electrical
conditions in permanent wiring shall be brought to the attention of the responsible
code official. Electrical wiring, devices, appliances, and other equipment that is
modified or damaged and constitutes an electrical shock or fire hazard shall not be
used. Section 605.1 of the 2014 Oregon Fire Code.
• Electrical appliances and fixtures shall be tested and listed in published reports of
inspected electrical equipment by an approved agency and installed and
maintained in accordance with all instructions included as part of such listing.
Section 605.7 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. Numbers shall be
a minimum 4 inches high with a minimum stroke width of 0.5 inch. Where access is
by means of a private road and the building cannot be viewed from the public way,
a monument, pole, or other sign or means shall be used to identify the structure.
Address 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.
7. The following agencies did not respond or had no comments: Deschutes County
Environmental Soils Division, Deschutes County Sheriff, and the Oregon Liquor Control
Commission.
H. PUBLIC COMMENTS: The Planning Division mailed a written notice of these applications to
property owners within 750 feet of the subject property on July 18, 2017. In addition, the
applicant submitted a Land Use Sign Affidavit indicating a proposed land use action sign was
posted on the property on July 18, 2017. Below, staff summarizes issue areas identified by
the public in written comments received prior to the date of this decision:
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Opposition:
1. Odor
2. Noise
3. Water source
4. Screening
5. Proximity to neighbor's dwelling
6. Traffic Impacts
STAFF COMMENT: Applicable criteria of the DCC are addressed below. The Deschutes County
Code (DCC) does not include approval criteria related to the issue areas listed in 6 above for
marijuana production. For this reason, staff only addresses those issues under the marijuana
processing proposal in this decision.
REVIEW PERIOD: This application was submitted on July 14, 2017. It was deemed incomplete
on August 11, 2017. After the applicant submitted additional information, the application
was accepted and deemed complete on December 20, 2017. The applicant requested to toll
the clock on May 15, 2018 to submit additional materials for review. The toll ended on June
12, 2018. On June 14, 2018, the applicant requested to toll the clock for an additional two
weeks. The toll was removed on June 28, 2018. The 150th day on which the County must take
final action on this application is August 31, 2018.
III. FINDINGS:
A. CHAPTER 18.16. EXCLUSIVE FARM ZONE
1. Section 18.16.020. Uses Permitted Outright.
The following uses and their accessory uses are permitted outright:
S. Marijuana production, subject to the provisions of DCC 18.116.330.
FINDING: The applicant is proposing to expand an existing marijuana production facility and
establish a new processing 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 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section
18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter 18.124 where
applicable.
1. 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
247 -17 -000577 -AD, 578 -SP, 692 -AD Page 7 of 34
slaughter, processing or selling of poultry or poultry products pursuant to ORS
603.038.
FINDING: The applicant proposes to utilize the first floor of an existing 900 -square -foot agricultural
structure for marijuana processing of marijuana produced on-site. At least one-quarter of the
marijuana processed on-site as measured by weight is to be produced at the facility in any calendar
year. The proposed processing facility is to be located in an existing agricultural building and siting
standards are compliant with this use.
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 31 of each year.
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 to utilize an existing 900 -square -foot agricultural building for
the marijuana processing use. The entire building is less than the maximum allowed floor area for
a processing facility. 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.
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, which is a use
permitted subject to compliance with the applicable provisions of DCC 18.16.025(1), 18.116.330, and
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additional sections of 18.16 identified below. In addition, the proposal is subject to compliance with
relevant sections DCC 18.124. Compliance with these provisions is addressed in this decision.
3. Section 18.16,060. Dimensional Standards.
E. Building height. No building or structure shall be erected or enlarged to exceed 30
feet in height, except as allowed under DCC 18.120.040.
FINDING: The applicant proposes to establish the marijuana processing use within an existing 900 -
square -foot agricultural building and the marijuana production expansion will be established within
a new 1,800 -square -foot greenhouse. The applicant has not indicated the height of the greenhouse.
A condition of approval will be included to ensure that the proposed greenhouses will not exceed
30 feet in height.
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 has frontage on Pinehurst Road, a rural local road requiring a 40 -
foot front yard setback. The proposal is not for a nonfarm dwelling, therefore, the required side and
rear yard setbacks are 25 feet. The proposed agricultural building and greenhouses will be setback
at least 100 feet from all property lines. These criteria will be met.
B. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS
1. 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,
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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(8)(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
Clear Vision
80 feet or more
20 feet
60 feet
30 feet
50 feet and less
40 feet
FINDING: Based on the submitted site plan, no clear vision area will be obstructed with this
proposal. This criterion is met.
2. Section 18.116.030. Off Street Parking and Loading.
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 unqualified continuance and availability of the amount of
parking and loading space required by DCC Title 18
FINDING: The off-street parking requirements for the proposed processing facility are addressed
below.
8. 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:
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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
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: The proposed primary marijuana production use is a farm use and does not require a
loading berth. The proposed marijuana processing use is most similar to an industrial use in nature
and requires compliance with this standard. The proposed marijuana processing will occur within a
900 -square -foot agricultural structure falling below the threshold for requiring a loading berth.
Therefore, no berth is required.
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
Requirements
Manufacturing
establishment
1 space per employee on
the largest working shift
Storage warehouse,
wholesale establishment,
rail or trucking freight
terminal
1 space per 2,000 sq. ft. of
floor area
9. Other uses not specifically listed above shall be provided with adequate
parking as required by the Planning Director or Hearings Body. The above list
shall be used as a guide for determining requirements for said other uses.
FINDING: The applicant is proposing a marijuana processing facility, which is an industrial use. Staff
finds that the siting of this industrial use is a use accessory to the primary farm use of marijuana
production. The proposed marijuana production is a farm use and farm uses are not included on
the uses specifically listed in Section 18.116.030(D). Farm uses are typically not subject to the
parking requirements of this section. Moreover, marijuana processing is not specifically listed in this
section. The use also includes office and storage space. The uses are comparable to what is
described under DCC 18.116.030(D)(7) since the property facilities include an agricultural building
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and greenhouses. However, because the proposed use is a combined facility, staff finds the
application of (D)(9) is applicable here.
The applicant has stated that one space per employee on the largest working shift will be provided
and a parking area has been identified on a revised plot plan. The applicant also states that no more
than five employees will be working during the busiest season. The total size of the existing building
for the proposed marijuana processing use is 900 square feet which requires 1 parking space.
However, the parking area would accommodate more than 1 parking space, therefore, staff finds
this criterion will be met.
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.
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 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: No other uses or businesses will be sharing the proposed off-street parking spaces.
Therefore, these criteria are 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 closer than 500 feet from
the building they are intended to serve.
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.
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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 La Pine UUC Industrial District
(LPI), but such space may be located within a required side or rear yard.
FINDING: The required parking spaces for the proposed marijuana processing facility will be located
outside of the required front yard. This criterion will be met.
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...
FINDING: The applicant is not requesting off-street parking credit. This criterion is not applicable.
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 will have one full time employee and no more than five employees during
their busiest season. The applicant has stated there will be adequate parking for up to five
employees. This criterion is not applicable.
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 subject property is located within the EFU Zone and is bordered by EFU properties to
the east, west and south and properties zoned Multiple Use Agricultural to the north. The subject
property is moderately covered in vegetation on the eastern portion. The applicant has stated that
all lighting is installed with motion sensors and will not project light rays directly on any adjoining
residential properties. This criterion will be met.
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.
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FINDING: Based on staff's review of the parking lot design, vehicle parking is more than 700 feet
from Pinehurst Road. Staff finds the parking spaces are located and designed to prevent vehicles
from backing into a street or right-of-way.
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
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
proposed parking spaces will be graveled and maintained in a manner in which it will not create
dust problems for the neighboring properties. Staff finds this standard can be met through a
condition of approval requiring the areas used for vehicle standing and maneuvering associated
with the marijuana processing use shall be constructed with a surface that is adequately maintained
for all weather use and maintained in a manner that will not create dust problems for neighboring
properties.
5. Access aisles shall be of sufficient width for all vehicular turning and
maneuvering.
FINDING: The access aisles are proposed at a minimum width of 24 feet, allowing for two-way
traffic. Staff finds that this is sufficient width for all vehicular turning and maneuvering.
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 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 existing driveway, access aisles, and parking areas will be sufficient, as conditioned,
to accommodate service vehicles coming to this site. The buildings are located a significant distance
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from public right-of-way, thereby preventing backing movements or other maneuvering within the
street. A condition of approval will be included to ensure service drives be clearly and permanently
marked and defined through the use of rails, fences, walls or other barriers or markers.
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: The driveway connection at Pinehurst Road observes these requirements. This criterion is
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 proposed parking area is not located near any property boundary or street right-of-
way. No curb or bumper rail is required to prevent a motor vehicle from extending over an adjacent
property line or a street right of way.
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 maybe 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 proposed parking area complies with these requirements with a stall width of 9 feet
and stall depth of 20 feet. Access aisles are proposed at a minimum width of 24 feet, allowing for
two-way traffic.
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.
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a. All uses that require off-street motor vehicle parking shall, except as
specifically noted, provide one bicycle parking space for every five
required motor vehicle parking spaces.
b. Except as specifically set forth herein, all such parking facilities shall
include at least two sheltered parking spaces or, where more than 10
bicycle spaces are required, at least 50 percent of the bicycle parking
spaces shall be sheltered.
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.
iii. 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: The subject property and proposed use are located outside of an unincorporated
community, a destination resort, and a rural commercial zone, thereby eligible for exceptions to the
bicycle parking standards. The subject property has frontage on and legal direct access from
Pinehurst Road. Pinehurst Road does not have bike lanes and is not specifically designated as a
bikeway. In addition, the proposed marijuana production and processing would typically involve
transporting products by truck and transporting them by bicycle would be impractical or unlikely.
Based on this information, staff finds the proposal is allowed an exception to the bike parking
standards.
4. 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.
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FINDING: The applicant has proposed marijuana production and processing in an EFU Zone. This
section applies.
B. Marijuana production and marijuana processing. Marijuana production and
marijuana processing shall be subject to the following standards and criteria:
1. Minimum Lot Area.
a. In the EFU and MUA-10 zones, the subject legal lot of record shall have
a minimum lot area of five (5) acres.
FINDING: The subject property is 10.106 acres in size. This criterion is met.
2. Indoor Production and Processing.
a. In the MUA-10 zone, marijuana production and processing shall be
located entirely within one or more fully enclosed buildings with
conventional or post framed opaque, rigid walls and roof covering. Use
of greenhouses, hoop houses, and similar non -rigid structures is
prohibited.
b. In the EFU zone, marijuana production and processing shall only be
located in buildings, including greenhouses, hoop houses, and similar
structures.
c. In all zones, marijuana production and processing are prohibited in any
outdoor area.
FINDING: The subject property is within the EFU Zone. The applicant is proposing to establish the
marijuana processing use on the first floor of an existing 900 -square -foot agricultural building and
the marijuana production expansion within a new 1,800 -square -foot greenhouse. All production
and processing will occur within these structures. As an ongoing condition of approval, marijuana
production and processing is prohibited in any outdoor area.
3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy
area for mature marijuana plants shall apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
b. Parcels equal to or greater than 10 acres to less than 20 acres in lot
area: 5,000 square feet. The maximum canopy area for mature
marijuana plants may be increased to 10,000 square feet upon
demonstration by the applicant to the County that:
i. The marijuana production operation was lawfully established
prior to January 1, 2015; and
ii. The increased mature marijuana plant canopy area will not
generate adverse impact of visual, odor, noise, lighting, privacy
or access greater than the impacts associated with a 5,000
square foot canopy area operation.
c. Parcels equal to or greater than 20 acres to less than 40 acres in lot
area: 10,000 square feet.
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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 orgreater than 60 acres in lot area: 40,000 square feet.
FINDING: The applicant is proposing to expand their existing marijuana production operation by
increasing the mature plant canopy size from 3,000 square feet to a total of 5,000 square feet. The
maximum mature canopy size is 5,000 square feet as allowed under Section (c) for properties 10
acres to less than 20 acres in lot area. The subject property is 10.106 acres in size. This criterion will
be met.
4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor
area used for all activities associated with marijuana production and
processing on the subject property shall be:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
b. Parcels equal to orgreater than 10 acres: 5,000 square feet.
FINDING: The subject property is not located in the MUA-10 Zone. These criteria do not apply.
5. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon
Liquor Control Commission (OLCC) licensed marijuana production or Oregon
Health Authority (OHA) registered medical marijuana grow site shall be
allowed per legal parcel or lot.
FINDING: The proposed use includes one (1) Oregon Liquor Control Commission (OLCC) licensed
marijuana production site. An ongoing condition of approval will be included to ensure that only
one OLCC license shall be allowed per legal parcel for the marijuana production and processing 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.
b. Setback from an off-site dwelling: 300 feet.
For the purposes of this criterion, an off-site dwelling includes those
proposed off-site dwellings with a building permit application
submitted to Deschutes County prior to submission of the marijuana
production or processing application to Deschutes County.
c. Exception: Any reduction to these setback requirements may be
granted by the Planning Director or Hearings Body provided the
applicant demonstrates the reduced setbacks afford equal or greater
mitigation of visual, odor, noise, lighting, privacy, and access impacts.
FINDING: The submitted plot plan indicates that the existing agricultural building for the marijuana
processing use as well as the proposed greenhouse for the marijuana production expansion will be
sited 100 feet or more from all property lines. These structures will also be sited more than 300 feet
from any off-site dwelling. These criteria will be met.
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7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1000 feet from:
i. A public elementary or secondary school for which attendance
is compulsory under Oregon Revised Statutes 339.010, et seq.,
including any parking lot appurtenant thereto and any property
used by the school;
ii. A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030(1)(a), including any parking
lot appurtenant thereto and any property used by the school;
iii. A licensed child care center or licensed preschool, including any
parking lot appurtenant thereto and any property used by the
child care center or preschool. This does not include licensed or
unlicensed child care which occurs at or in residential
structures;
iv. A youth activity center; and
v. National monuments and state parks.
b. For purposes of DCC 18.116.330(8)(7), all distances shall be measured
from the lot line of the affected properties listed in DCC
18.116.330(B)(7)(a) to the closest point of the buildings and land area
occupied by the marijuana producer or marijuana processor.
c. A change in use of another property to those identified in DCC
18.116.330(8)(7) shall not result in the marijuana producer or
marijuana processor being in violation of DCC 18.116.330(8)(7) lithe use
is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
Lawfully established.
FINDING: According to the applicant's burden of proof, there are no uses requiring a separation
distance located within 1,000 feet from the proposed greenhouse and the processing building.
Based on the County's GIS mapping tool, staff has confirmed that there are no uses listed above
within 1,000 feet of the proposed uses. 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:
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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;
Include a description of the proposed marijuana production or
marijuana processing operation; and
iv. Include a legal description of the private road or easement.
FINDING: The subject property takes access from Pinehurst Road, a rural local road. At this time,
the applicant proposes a mature plant canopy size of 5,000 square feet. Therefore, this criterion
does not apply.
9. Lighting. Lighting shall be regulated as follows:
a. Inside building lighting, including greenhouses, hoop houses, and
similar structures, used for marijuana production shall not be visible
outside the building from 7:00 p.m. to 7:00 a.m. on the following day.
b. Lighting fixtures shall be fully shielded in such a manner that all light
emitted directly by the lamp or a diffusing element, or indirectly by
reflection or refraction, is projected below the horizontal plane through
the lowest light -emitting part.
c. Light cast by exterior light fixtures other than marijuana grow lights
shall comply with DCC 15.10, Outdoor Lighting Control.
FINDING: The applicant has stated that the indoor lighting for the marijuana production and
processing use will not be visible outside the building from 7:00 pm to 7:00 am. The applicant states
that lighting inside of the existing agricultural building will be set on a 12 hour light cycle timer and
the greenhouses will be equipped with a blackout system. A condition of approval shall be added
to ensure compliance.
10. Odor. As used in DCC 18.116.330(8)(10), building means the building, including
greenhouses, hoop houses, and other similar structures, used for marijuana
production or marijuana processing.
a. The building shall be equipped with an effective odor control system
which must at all times prevent unreasonable interference of
neighbors' use and enjoyment of their property.
b. An odor control system is deemed permitted only after the applicant
submits a report by a mechanical engineer licensed in the State of
Oregon demonstrating that the system will control odor so as not to
unreasonably interfere with neighbors' use and enjoyment of their
property.
c. Private actions alleging nuisance or trespass associated with odor
impacts are authorized, if at all, as provided in applicable state statute.
d. The odor control system shall:
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i. Consist of one or more fans. The fan(s) shall be sized for cubic
feet per minute (CFM) equivalent to the volume of the building
(length multiplied by width multiplied by height) divided by
three. The filter(s) shall be rated for the required CFM; or
ii. Utilize an alternative method or technology to achieve equal to
or greater odor mitigation than provided by (i) above.
e. The system shall be maintained in working order and shall be in use.
FINDING: The applicant has submitted a revised odor report dated February 28, 2018, by Robert E.
James, P.E., a mechanical engineer licensed in the State of Oregon (#65108), with ColeBreit
Engineering. The report states odor will be controlled using a drum mounted fogger which injects
an odor neutralizer directly into the exhaust airstream. The foggers will be wired into the exhaust
fan control system and will turn on whenever the exhaust fans are energized. Mr. James states in
the report:
The grow room has a volume of 7,200 CF, which will require a carbon filtered air flow of 2,400 CFM. The
grow room will have (1) 6" Can -Fan (approx. 300 CFM) in-line fan, (1) 8" Can -Fan (approx. 620 CFM) and
(2)12" Can -Fans (approx. 925 CFM each), all with attached carbon filters. The carbon filtered air flow will
be 2,770 CFM, thus meeting the code requirement.
The processing room has a volume of 3,600 CF, which will require a carbon filtered air flow of 1,200 CFM.
The clone room will have (2) 8" Can -Fans (620 CFM @ 0.5') in-line fans, or similar, each with an attached
carbon filter. The carbon filtered air flow will be 1,240 CFM, thus meeting the code requirement.
The curing room has a volume of 1,880 CF, which will require a carbon filtered air flow of 627 CFM. The
clone room will have (1) 10" Can -Fans (690 CFM @ 0.5") in-line fan, or similar, with an attached carbon
filter. The carbon filtered air flow will be 690 CFM, thus meeting the code requirement.
These criteria will be met.
11. Noise. Noise produced by marijuana production and marijuana processing
shall comply with the following:
a. Sustained noise from mechanical equipment used for heating,
ventilation, air condition, odor control, fans and similar functions shall
not exceed 30 dB(A) measured at any property line between 10:00 p.m.
and 7:00 a.m. the following day.
b. Sustained noise from marijuana production is exempt from protections
of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for
accepted farming practices is permitted.
FINDING: The applicant has stated in their burden of proof that the exhaust fans will be set on
timers between the hours of 10:00 pm and 7:00 am, eliminating any sustained noise from the
mechanical equipment used for heating, ventilation, air conditioning, odor control, fans and other
similar systems. These criteria will be met.
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12. Screening and Fencing. The following screening standards shall apply to
greenhouses, hoop houses, and similar non -rigid structures and land areas
used for marijuana production and processing:
a. Subject to DCC 18.84, Landscape Management Combining Zone
approval, if applicable.
b. Fencing shall be finished in a muted earth tone that blends with the
surrounding natural landscape and shall not be constructed of
temporary materials such as plastic sheeting, hay bales, tarps, etc., and
shall be subject to DCC 18.88, Wildlife Area Combining Zone, if
applicable.
c. Razor wire, or similar, shall be obscured from view or colored a
muted earth tone that blends with the surrounding natural
landscape.
d. The existing tree and shrub cover screening the development
from the public right-of-way or adjacent properties shall be
retained to the maximum extent possible. This provision does
not prohibit maintenance of existing lawns, removal of dead,
diseased or hazardous vegetation; the commercial harvest of
forest products in accordance with the Oregon Forest Practices
Act; or agricultural use of the land.
FINDING: The subject property is not in a Landscape Management or Wildlife Area Combining Zone.
No razor wire is proposed. No additional fencing has been proposed. As an ongoing condition of
approval, the existing tree and shrub cover screening the development from the public right-of-way
or adjacent properties shall be retained to the maximum extent possible. This provision does not
prohibit the maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the
commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or
agricultural use of the land. These criteria will be met.
13. Water. The applicant shall provide:
a. A copy of a water right permit, certificate, or other water use
authorization from the Oregon Water Resource Department; or
b. A statement that water is supplied from a public or private water
provider, along with the name and contact information of the water
provider; or
c. Proof from the Oregon Water Resources Department that the water to
be used is from a source that does not require a water right.
FINDING: The subject property is served with 5.74 acres of irrigation from Tumalo Irrigation District
(TID). TID has stated in their "will serve" letter that the surface delivery of irrigation water is provided
under State issued water right certificates #74146 and #74147. Delivery of irrigation water is during
the irrigation season of April 1st through October 31St. For periods of time outside of the irrigation
season, the applicant proposes to have water delivered to the property by Bend Water Hauling, LLC.
The applicant submitted a "will serve" letter from Bend Water Hauling, LLC, stating they are willing
and able to serve an estimated 4,000 gallons of water each month. This criterion has been met.
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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 located within the boundaries of the Rural Fire District #2 (Bend
Fire Department). This criterion is 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 Central Electric Cooperative provided a "will serve" letter dated July 26, 2017. The
letter states that Central Electric Cooperative has reviewed the provided load information (existing
400 amp single phase 240 volt service) associated with the cannabis facility and is willing and able
to serve this location in accordance with the rates and policies of the company. This standard is met.
16. Security Cameras. If security cameras are used, they shall be directed to record
only the subject property and public rights-of-way, except as required to
comply with requirements of the OLCC or the OHA.
FINDING: The applicant states the security cameras will be in a secure location in accordance with
OLCC requirements. The cameras will be directed to record the entrance of the property, all walking
paths on the subject property, and all structures related to the proposed marijuana production and
processing use. The cameras will not be directed to record outside of the property boundaries. An
ongoing condition of approval will be included to ensure compliance with DCC 18.116.330(B)(16).
17. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste
receptacle in the possession of and under the control of the OLCC licensee or
OHA Person Responsible for the Grow Site (PRMG).
FINDING: The applicant proposes to reuse every part of the plant. The stock of the plant will be
ground up into farm animal feed and the rest of the plant will be pressed into rosin. The applicant
states if any waste is leftover, the waste will be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee. As an ongoing condition of approval,
marijuana waste shall be stored in a secured waste receptacle in the possession of and under the
control of the OLCC licensee.
18. Residency. In the MUA-10 zone, a minimum of one of the following shalt 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
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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
toJune 8, 2016 by the Oregon Health Authority shall comply with the provisions
of DCC 18.116.330(8)(9) by September 8, 2016 and with the provisions of DCC
18.116.330(8)(10-12, 16, 17) by December 8, 2016.
FINDING: The subject property was not a lawfully established medical marijuana grow site. This
section does not apply.
20. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
i. A new dwelling used in conjunction with a marijuana crop;
ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(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.
Dude Ranch.
iv. Destination Resort.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii. Bed and Breakfast.
ix. Room and Board Arrangements.
FINDING: As an ongoing condition of approval, the uses listed in DCC 18.116.330(20) shall be
prohibited on the subject property so long as marijuana production and processing 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
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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. As an ongoing
condition of approval, the annual reporting requirements of DCC 18.116.330(D) shall be met.
C. CHAPTER 18.124. SITE PLAN REVIEW
1. Section 18.124.030. Approval Required.
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.
8. 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
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6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area
Combining Zones (SMIA).
FINDING: The marijuana processing is considered an industrial use.1 However, the proposed
processing represents a small fraction of the total use at the site while the proposed marijuana
production is considered the dominate use on the property. Therefore, staff finds that the use of
the land is not primarily for the manufacture, processing, storage or wholesale distribution of
products, goods or materials, which would make it a commercial use2. Nevertheless, since the
proposed marijuana processing use is a use that requires parking facilities and site plan review
pursuant to DCC 18.16.0253, the provisions of this chapter are applicable.
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 subject property is approximately 10.106 acres, rectangular in shape, and is relatively
level. Throughout the property, the vegetation includes juniper woodlands with native groundcover
and irrigated pasture, which includes 5.74 acres of water. The site is developed with a single-family
dwelling and several accessory structures located in the center of the property. Pinehurst Road
abuts the property to the west. Access to the property is taken from an existing access point along
Pinehurst Road.
The subject property is surrounded by farm and residential properties. The majority of the
residentially development properties appear to be engaged in some form of hobby farming such as
irrigated pasture and livestock grazing. Tumalo is the closest unincorporated community which is
approximately 2.5 miles to the east of the subject property.
The applicant is proposing to expand an existing marijuana production use and establish a new
processing facility within an existing 900 -square -foot agricultural building. The processing facility,
which is subject to site plan review, will utilize only the first floor of the existing agricultural building.
The existing agricultural building is over 700 feet east of Pinehurst Road and over 400 feet from the
closest dwelling. The parking area is located to the west of the existing agricultural building and has
already been established for the existing uses on the property.
' 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.
2 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.
3 DCC 18.16.025 - Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC
18.16.042 and Review Under DCC Chapter 18.124 where applicable.
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Based on this information, staff believes the proposed marijuana processing within the existing
building will relate harmoniously to the existing development, minimizing visual impacts and
preserving natural features including views and topographical features.
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.
FINDING: The applicant is proposing a marijuana processing facility on the property within an existing
agricultural building and the parking area has already been established for the existing use on the
property. The proposed marijuana processing facility will not have any impacts to the landscape and
existing topography. This criterion is met.
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 applicant is proposing a marijuana processing facility within an existing agricultural
building located more than 700 feet from Pinehurst Road. Parking and maneuvering areas will be
located between the existing agricultural building and existing dwelling. The layout of the existing
driveway together with the proposed parking areas, loading area, structures, and existing vegetation
provides appropriate opportunities for privacy and transition from public to private spaces.
Marijuana processing of extracts can include unusual levels of fire safety hazard but the subject
property is located in the Bend Fire District, who commented on this application. As a condition of
approval, the use shall comply with the applicable building, fire, and OLCC safety standards. This
standard is met.
D. When appropriate, the site plan shall provide for the special needs of disabled
persons, such as ramps for wheelchairs and Braille signs.
FINDING: The County Building Safety Division will review specific ADA requirements during building
permit review. This criterion will be met.
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 to use the existing access from Pinehurst Road to
reach the proposed facility and parking area, with pedestrian access to the marijuana processing
facility in the existing building. Based on the site plan submitted by the applicant, staff finds that the
circulation pattern and arrangement of parking areas shall be harmonious with proposed and
neighboring buildings and structures.
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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 and the parking area will be
graveled. Surrounding the site is level farmland. The existing runoff from the roof drains onsite.
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 accessory
areas and structures shall be designed, located and buffered or screened to
minimize adverse impacts on the site and neighboring properties.
FINDING: Based on the size of the property, consolidated building footprint, existing vegetation,
topography, and development on the property, the applicant indicates the proposed development
will be adequately buffered and screened. The parking area will be located between the existing
dwelling and the existing agricultural building, and thus the structures provide a buffer from the
neighboring property to the east and west. Natural vegetation, topography, and existing
development provide screening between the facility and all surrounding residences and
neighboring properties. Staff finds that the site layout, as conditioned, will be designed, located,
buffered or screened to minimize adverse impacts on the site and neighboring properties.
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: Each zone affecting the subject property is identified in this decision. The applicable
criteria for each zone are addressed in the findings above.
l All exterior lighting shall be shielded so that direct light does not project off-site.
FINDING: 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.
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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: No transportation infrastructure deficiencies or requirements were identified by the
Deschutes County Road Department or the Deschutes County Transportation Planner.
3. Section 18.124.070. Required Minimum Standards.
A. Private or shared outdoor recreation areas in residential developments.
FINDING: No residential units are proposed. This criterion does not apply.
8. Required Landscaped Areas.
1. The following landscape requirements are established for multi family,
commercial and industrial developments, subject to site plan approval:
a. A minimum of 15 percent of the lot area shall be landscaped.
b. All areas subject to the final site plan and not otherwise improved
shall be landscaped.
FINDING: The applicant is proposing a marijuana processing facility, which is an industrial use.
However, the applicant proposed to establish the marijuana processing use on the first floor of an
existing 900 -square -foot agricultural building on a 10 -acre property. Based on the proposal, staff
finds the use does not make the primary use of the property "industrial development". Moreover,
the primary use of the property will continue to be marijuana production, which is not an industrial
use and is not subject to site plan review. Staff finds that these criteria do not apply to this proposal.
2. In addition to the requirement of DCC 18.124.070(8)(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(8)(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.
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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: The parking area is not adjacent to a property line or roadway and surrounded by native
landscaping and irrigated pasture in excess of the required landscaping above. As a condition of
approval, the landscaping in the vicinity of the parking adjacent to the buildings used for marijuana
processing shall be continuously maintained and kept alive and attractive.
C. Nonmotorized 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. 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 surfaced 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. Onsite 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
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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 walkways 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 makes the following finding:
...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 regards that there is a single building proposed
for the marijuana processing facility and thus 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.
4. Section 18.124.090. Right of Way 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.
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IV. CONCLUSION
Based on the foregoing findings, staff concludes that the proposed marijuana processing facility
and marijuana production expansion 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
A. This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use will
require review through a new land use application.
B. 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 31 of each year.
C. 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.
D. Marijuana production is prohibited in any outdoor area.
E. The maximum canopy area for mature marijuana plants shall not exceed 5,000 square feet
at any time.
F. The following lighting standards shall be met. Inside building lighting used for marijuana
production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the
following day. Lighting fixtures shall be fully shielded in such a manner that all light emitted
directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is
projected below the horizontal plane through the lowest light -emitting part. The light cast by
exterior light fixtures other than marijuana growing lights shall comply with DCC 15.10,
Outdoor Lighting Control.
G. 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 -000577 -AD, 578 -SP, 692 -AD Page 32 of 34
H. 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.
1. 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.
The use of water from any source for marijuana production shall comply with all applicable
state statutes and regulations.
K. Security cameras shall be directed to record only the subject property and public rights-of-
way, except as required to comply with requirements of the OLCC.
L. The marijuana waste receptacle shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee.
M. The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the subject property so long
as marijuana production is conducted on the site.
N. The annual reporting requirements of DCC 18.116.330(D) shall be met.
O. The existing parking area shall be maintained so all access aisles continue to be wide enough
for all vehicular turning and maneuvering.
P. Service drives shall be clearly and permanently marked and defined through the use of rails,
fences, walls or other barriers or markers.
Q.
The marijuana processing facility shall comply with the applicable building, fire, and OLCC
safety standards.
R. The existing vegetation surrounding the parking area shall be continuously maintained and
kept alive and attractive.
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.
247 -17 -000577 -AD, 578 -SP, 692 -AD Page 33 of 34
DESCHUTES COUNTY PLANNING DIVISION
Written by: Izze Liu, Associate Planner
Reviewed by: Peter Gutowsky, Planning Manager
247 -17 -000577 -AD, 578 -SP, 692 -AD Page 34 of 34
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SECTION 34 T.16S. R.11 E. W.M.
DESCHUTES COUNTY
1, 400'
16 11 34
File Number: 247 -17 -000577 -AD, 578 -SP, 692 -AD
18370 Pinehurst Road
Bend, OR 97703
16 11 34
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Attachment 2 - Site Plan
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BOUNDARY SKETCH -�-► N
Pinehurst Rd.
1333.38'
AAAAAAAAAAA AA
1
Tumalo Blooming Farms Pine Tree Line 4ft Electric Fence
w/ Key Code
Access Gate
18370 Pinehurst Rd
Bend, Oregon
Township 16; Range 11/Section 34; Tax Lot 904
Cistern
1320.46'
Residence
Tumalo Blooming Farms
Parking/
Loading/Unloading berth
A-4
ENCLOSED
Grow Room &
Security Room
30'X30'
100' 1--0.
1
Tumalo Blooming Farms Entry
Shop
\1
Greenhouse
30' X 60'
A-1
•
Greenhouse
72'X41'6"
®A-3
Secondary 6ft
Gated Wood
Fence
AA, A-5
A-6 •
Travel Path
1
100'
100'
1 100' H
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Attachment 3 - Board Order
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