2018-463-Minutes for Meeting October 03,2018 Recorded 11/2/2018�w (C S COG
�`' - ?� BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
Recorded in Deschutes County CJ2018-463
Nancy Blankenship, County Clerk 11/02/2018 9:58:48 AM
Commissioners' Journal
2018-463
FOR RECORDING STAMP ONLY
1:30 PM WEDNESDAY, October 3, 2018 ALLEN CONFERENCE ROOM
Present were Commissioners Phil Henderson and Anthony DeBone, Commissioner Tammy Baney was
absent. Also present were Torn Anderson, County Administrator; Erik Kropp, Deputy County
Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant, Several
citizens and representatives of the media were in attendance.
CALL TO ORDER: Chair DeBone called the meeting to order at 1:32 p.m.
ACTION ITEMS
1. Public Hearing Preparation - Appeal of Marijuana Production Approval
Matt Martin, Community Development Department presented the information
regarding the public hearing that is scheduled for October 10. The applicant is
Andrew Anderson for the subject property located within the Exclusive Farm
Use. Mr. Martin highlighted the timeline elements of the file.
BOCC WORK SESSION OCTOBER 3, 2018 PAGE 1 OF 4
OTHER ITEMS:
• Meeting Minutes
From this morning's Business Meeting the following minutes were
considered for approval:
o September 12, 2018 Business Meeting
o September 17, 2018 Business Meeting
o September 17, 2018 Work Session
HENDERSON: Move approval
DEBONE: Second
VOTE: HENDERSON: Yes
BAN EY: Absent, excused
DEBONE: Chair votes yes. Motion Carried
COMMISSIONER UPDATES
• Commissioner DeBone reported on a request received for a letter of support
for tiny homes on federal lands.
• Commissioner Henderson reported on the Basin Study Work Group meeting
last week.
• Commissioner Henderson and Tom Anderson met with John Allen, USFS and
Kevin Larkin, BLM this morning regarding the Harper Bridge.
• Commissioner Henderson noted proposals for the audit of the radio project
have been narrowed down to five companies.
• County Administrator Anderson reported on the radio testing currently being
done.
BOCC WORK SESSION OCTOBER 3, 2018 PAGE 2 OF 4
• County Administrator Anderson reported on the upcoming joint meeting
with the City of La Pine. A ballot for Redmond Chambers of Commerce was
sent noting five candidates and the ballot is for three members.
• Commissioner DeBone received a draft watershed management plan and
public meeting notification.
EXECUTIVE SESSION:
At the time of 2:21 p.m., the Board went into Executive Session under ORS 192.660
(2) (h) Pending Litigation. The Board came out of Executive Session at 3:14 p.m. to
make the following motion.
HENDERSON: Move to direct staff as discussed
DEBONE: Second
VOTE: HENDERSON: Yes
BAN EY: Absent, excused
DEBONE: Chair votes yes. Motion Carried
EXECUTIVE SESSION:
At the time of 3:20 p.m. the Board went into Executive Session under ORS 192.660
(2) (F) to consider information or records that are exempt by law from public
inspection. The Board came out of Executive Session at 4:16 p.m.
BOCC WORK SESSION OCTOBER 3, 2018 PAGE 3 OF 4
l
Being no further items to come before the Board, the meeting was adjourned at 4-:16 p.m.
DATED this -_
Day of _ 2018 for the Deschutes County Board of
Commissioners.
ME�
BOCC WORK SESSION OCTOBER 3, 2018 PAGE 4 OF 4
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o Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, WEDNESDAY, OCTOBER 3, 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. Public Hearing Preparation - Appeal of Marijuana Production Approval - Matthew
Martin, Associate Planner
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
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
Board of commissioners Work Session Agenda Wednesday, October 3, 2018 Page 1
of 2
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, October 3, 2018 Page 2
of 2
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of October 3, 2018
DATE: September 25, 2018
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
Public Hearing Preparation - Appeal of Marijuana Production Approval
ATTENDANCE: Matthew Martin, Associate Planner
SUMMARY: The Board of Commissioners will conduct a work session to prepare for a public
hearing for the appeal of an administrative decision (File No. 247 -18 -000361 -AD) approving a
marijuana production application. A focus of this discussion will be the schedule following the
hearing because there is currently limited time to render a final decision within the 150 -day
period.
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STAFF MEMORANDUM
Date: October 3, 2018
To: Board of County Commissioners
From: Matthew Martin, AICP, Associate Planner
Re: Appeal of Marijuana Production Approval (File Nos. 247 -18 -000766 -A/316 -AD)
The Board of County Commissioners (Board) will conduct a work session on October 3, 2018 at 1:30
PM to prepare for a public hearing for the appeal of an administrative decision (File No. 247 -18-
000361 -AD) approving a marijuana production application. A focus of this discussion will be the
schedule following the hearing because there is currently limited time to render a final decision
within the 150 -day period.
I. Background
On April 18, 2018, an application was filed for an Administrative Determination (AD) to establish
marijuana production at 63775 Diamond Forge Road, Bend. The subject property is located within
the Exclusive Farm Use (EFU) zone. The proposed marijuana production consists of a maximum
5,000 square feet of mature marijuana plant canopy area.
The Planning Division issued an administrative decision without a public hearing on September 5,
2018, determining the applicant met the applicable criteria. On September 17, 2018, the Board
approved Order No. 2018-062 to serve as the hearings body if an appeal was filed. A timely appeal
of the approval (file no. 247-18-00766-A) was filed later that day, and is attached hereto. The public
hearing before the Board is scheduled on October 10, 2018.
The complete record for the project, excluding the appeal application, was provided to the Board
for the work session on September 171.
II. 150 -day Issuance of a Final Local Decision
Pursuant to ORS 215.427, the County must take final action on limited land use decisions within 150
days after the application is deemed complete. The application was deemed complete on June 13,
Sept. 17, 2018 Board Work Session Documents: http://deschutescountyor.iqm2.com/Citizens/Detail Meeting.aspx?ID=1912
2018, and, therefore, the final day of the 150 -day period for issuance of a final local decision is
currently November 10, 2018. Due to the limited time remaining to render a final decision, staff has
outlined the following tentative schedule to issue a final local decision by the end 150 -day period:
• October 10
• October 17
• October 24
• October 31
• November 5
• November 7
Attachments:
Public Hearing
7 -Day open record period for any additional testimony
7 -Day period to respond to any new evidence
7 Day period for applicant final argument
Board deliberations
Board approval of final decision
1. Appeal Application
File Nos. 247 -18 -000766 -A/316 -AD Page 2 of 2
0-�Es C
APPEAL APPLICATION
FEE: ZS -.O-
EVERY NOTICE OF APPEAL SHALL INCLUDE:
1. A statement describing the specific reasons for the appeal.
2. If the Board of County Commissioners is the Hearings Body, a request for review
by the Board stating the reasons the Board should review the lower decision.
3. If the Board of County Commissioners is the Hearings Body and de novo review is
desired, a request for de novo review by the Board, stating the reasons the Board
should provide the de novo review as provided in Section 22.32.027 of Title 22.
4. If color exhibits are submitted, black and white copies with captions or shading
delineating the color areas shall also be provided.
It is the responsibility of the appellant to complete a Notice of Appeal as set forth in Chapter
22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the
items listed above. Failure to complete all of the above may render an appeal invalid. Any
additional comments should be included on the Notice of Appeal.
Staff cannot advise a potential appellant as to whether the appellant is eligible to file an appeal
(DCC Section 22.32.010) or whether an appeal is valid. Appellants should seek their own legal
advice concerning those issues.
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Phone:
Appellant's Name (prin�' (�)
e-nd 0a
t :
Mailing Address: (iD tk iG w ural - Rd City/State/Zip:
Land Use Application Being Appealed: r►
Properly Description: Township Range �� Section Tax
Appellant's Signature:
EXCEPT AS PROVIDED IN SECTIOA 22.32.024, APPELLANT SHAM:- PROVIDE "A COMPLETE
TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY
THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE
RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER
THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FORTHE DE NOVO HEARING
OR, FOR ON -THE -RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS.
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1 1 / W/ ! a(ayette Avenue, Bend, Oregon 97/0 1 P.Q Box 6005, Bend, OR 97708-6005
k, (5411)388 6;75 @ cddC?deschutes org ® www.deschutes.org/cd
Rev 5/18
NOTICE OF APPEAL
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