2019-122-Minutes for Meeting March 06,2019 Recorded 4/11/2019BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
10:00 AM
Recorded in Deschutes County CJ2019-122
Nancy Blankenship, County Clerk
Commissioners' Journal 04/11/2019 3:56:35 PM
o���r.es.ra��< ll I l l �l ll IIII II l I ll I ll I ll l l I'll
2019-122
110
FOR RECORDING STAMP ONLY
Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Erik
Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive
Assistant. Several citizens and identified representatives of the media were in attendance.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair Henderson called the meeting to order at 10:00 am
PLEDGE OF ALLEGIANCE:
CITIZEN INPUT:
• Yon Olsen, Tumalo resident, approached the Board regarding Hemp
Production Seed and wanted to request the Board consider regulations for
hemp production.
• Eileen White, Bend resident, approached the Board as a private citizen and as
a member of the National Alliance on Mental Illness (NAMI) and commented
on the importance of the proposed Deschutes County Stabilization Center.
BOCC BUSINESS MEETING MARCH 6, 2019 PAGE 1 OF 5
CONSENT AGENDA: Before the Board was Consideration of Approval of the
Consent Agenda. Commissioner Henderson requested pulling the meeting
minutes for further review so all Commissioners can finish review.
Consent Agenda Items:
1. Consideration of Board Signature of Ordinance No. 2019-005 as Second
Reading of Title Only, to Amend DCC 17.16.105 Regarding Entities Besides
the County Road Department Which Can Maintain Roads Which Provide
Direct Access to Subdivisions
2. Approval of Minutes of the January 28, 2019 Work Session
3. Approval of Minutes of the January 29, 2019 Planning Session
4. Approval of Minutes of the January 30, 2019 Business Meeting
5. Approval of Minutes of the January 30, 2019 Work Session
6. Approval of Minutes of the February 6, 2019 Work Session
7. Approval of Minutes of the February 8, 2019 Work Session
8. Approval of Minutes of the February 13, 2019 Business Meeting
DEBONE: Move approval of Consent Agenda Item 1
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
Commissioner Henderson read Ordinance No. 2019-005 by title only.
VOTE:
Move adoption of Ordinance No. 2019-005
Second
ADAIR: Yes
DEBONE: Yes
HENDERSON:
Chair votes yes. Motion Carried
BOCC BUSINESS MEETING MARCH 6, 2019 PAGE 2 OF 5
ACTION ITEMS:
9. PUBLIC HEARING: Appeal of Marijuana Production Approval at 70355
McKenzie Canyon Road, Terrebonne
Matt Martin, Community Development Department presented the item.
Commissioner Henderson read the hearing outline. Commissioner
Henderson inquired if there were any conflicts or challenges to be made
against the Commissioners. Commissioners DeBone and Henderson
declared no conflict. Commissioner Adair reported she had been to the
subject property.
David Mullan is a business partner in McKenzie Canyon Farm and reported
he did hold a meeting with neighbors last fall 2018 and stated Commissioner
Adair expressed comments of opposition to marijuana at the meeting.
County Counsel Doyle noted that at the time of the meeting, Commissioner
Adair was a candidate for office but not a Commissioner. Commissioner
Adair declared that she can be impartial and acknowledged that she
attended the meeting due to the community's concern with the subject
property not able to be served by a fire district due to its remote location.
Commissioner Adair stated she is able to participate in the hearing and
remain impartial and fair. Commissioner Henderson also pointed out
Commissioner Adair attended in support of public safety. Mr. Mullan stated
that issues noted on the appeal were covered during that meeting.
Mr. Martin gave the staff report. The applicant proposes establishing a
marijuana production at 70355 McKenzie Canyon Road with a maximum
4,960 square feet of mature marijuana plant canopy and the development of
multiple structures. Commissioner Henderson commented on utility service
to the property. Commissioner Henderson also inquired about concerns
voiced on eagle nests located on the property. Staff has correspondence
with US Fish and Wildlife in the record; the property will be subject to federal
standards/regulations specific to eagle nesting.
Applicants David Mullan and Edwin "Ted" Price, co-owners in McKenzie
Canyon Properties presented testimony on the application and provided
response to the appellants concerns of the application. The applicants have
no intention of exceeding the existing proposed canopy of 4,960 square feet.
BOCC BUSINESS MEETING MARCH 6, 2019 PAGE 3 OF 5
Liz Dickson, attorney representing the appellant noted she would like to
correct the spelling of her clients to DiPaolo throughout the record. Ms.
Dickson reported the subject property is actually owned by someone in
Tennessee and not the business owners that appeared today. Ms. Dickson
presented the Board with a copy of the Deschutes County wildlife
concentration map as well as a map showing the location of the eagle nests
on the subject property. Ms. Dickson requested the Board consider keeping
the record open to allow for review of the applicant's information they have
submitted regarding their opinion on 4H and Future Farmers of America and
youth activity conducted on a neighboring property and presented a youth
activity map for the record. Ms. Dickson also provided the Board with a map
showing both the public and private road surrounding the subject property.
Ms. Dickson also presented a handout relative to water and power service.
Ms. Dickson submitted a packet of letters to the Board from neighboring
properties. Ms. Dickson requested the record remain open.
Commissioner Henderson called up those that wished to provide testimony.
Jacquie Gibbs, presented a handout and read the information into the
record. She spoke on behalf of the residents of McKenzie Canyon regarding
road maintenance. Ms. Gibbs will provide the Board with a map of the public
and private road for the record.
William St. Clair, is a resident of McKenzie Canyon and spoke on the
community of good neighbors. Mr. St. Clair commented on the beauty of
McKenzie Canyon.
Wendy DiPaolo, appellant spoke on the eagles in the area and this facility
would be disruptive to the wildlife.
Tim DiPaolo, appellant pointed out on the map in the room the location of
the eagle nests. Mr. DiPaolo stated there currently is a legal medical grow
operation in the canyon. Mr. DiPaolo reported on concerns of water, power,
and security.
Troy Bliss, presented testimony and attested to the road conditions of
McKenzie Canyon. Mr. Bliss commented on security, wildlife, and farming.
BOCC BUSINESS MEETING MARCH 6, 2019 PAGE 4 OF 5
Commissioner Henderson proposed to leave the oral testimony (hearing)
open and reconvene next week due to the concern of current winter road
conditions.
The Board made a ruling to leave the oral testimony (hearing) period open
and continue this hearing to Wednesday, March 13. Thereafter the record
will be held to the 7-7-7 time frame.
OTHER ITEMS: None reported
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 12:31 pm
DATED this Day of 2019 for the Deschutes County Board of
Commissioners.
PHILIP o ERS , CHAIR
E it
PATTI ADAIR, VICE CHAIR
ATTEST:
IG SECRE RY
BOCC BUSINESS MEETING MARCID 6, 2019 PAGE 5 OF 5
E S COG
-A
i
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, WEDNESDAY, MARCH 6, 2019
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public. To watch it online, visit www.deschutes.org/meetinfs. Business Meetings are
usually streamed live online and video recorded.
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. Item start times are estimated and subject to change without
notice.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CITIZEN INPUT
CONSENT AGENDA
1. Consideration of Board Signature of Ordinance No. 2019-005 as Second Reading of
Title Only, to Amend DCC 17.16.105 Regarding Entities Besides the County Road
Department Which Can Maintain Roads Which Provide Direct Access to
Subdivisions
2. Approval of Minutes of the January 28, 2019 Work Session
3. Approval of Minutes of the January 29, 2019 Planning Session
4. Approval of Minutes of the January 30, 2019 Business Meeting
Board of Commissioners Business Meeting Agenda Wednesday, March 6, 2019 Page 1
of 2
5. Approval of Minutes of the January 30, 2019 Work Session
6. Approval of Mintues of the February 6, 2019 Work Session
7. Approval of Minutes of the February 8, 2019 Work Session
8. Approval of Minutes of the February 13, 2019 Business Meeting
ACTION ITEMS
9. 10:15 AM PUBLIC HEARING: Appeal of Marijuana Production Approval at 70355
McKenzie Canyon Road, Terrebonne - Matthew Martin, Associate
Planner
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations, ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues, or other executive session categories.
Executive sessions are closed to the public; however, with few exceptions and under specific guidelines,
are open to the media.
ADJOURN
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 Business Meeting Agenda Wednesday, March 6, 2019 Page 2
of 2
o BOARD OF COMMISSIONERS' MEETING
REOUEST TO SPEAK
Citizen Input or Testimony
Subject: i _.C., U c)
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Name 81 L_V�
Address (o /x (AA�L,�Jq))
Phone #s Z • 06 d 5 4,
E-mail address '' 0 A-
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In Favor ❑ Neutral/UndecidedOpposed
Are you submitting written documents as part of testimony? F-] Yes
If so, please give a copy to the Recording Secretary for the record.
SUBMIT TO
RECORDING SECRETARY BEFORE MEETING BEGINS
w=s
o BOARD OF COMMISSIONERS' MEETING
REOUEST TO SPEAK
Citizen Input or Testimony
Subject:: iA
Date:
Name J `
Address
Phone #s
E-mail address M CC-A_Ck_ v A,t -T
In Favor �eutral/Undecided Opposed
Are you submitting written documents as part of testimony? F] Yes
If so, please give a copy to the Recording Secretary for the record.
** SUBMIT TO
RECORDING SECRETARY BEFORE MEETING BEGINS,
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of March 6, 2019
DATE: February 27, 2019
FROM: Matthew Martin, Community Development, 541-330-4620
TITLE OF AGENDA ITEM:
PUBLIC HEARING: Appeal of Marijuana Production Approval at 70355 McKenzie Canyon
Road, Terrebonne
BACKGROUND AND POLICY IMPLICATIONS:
On April 27, 2018, the applicant, Ted Price of McKenzie Canyon Farms LLC, filed an
administrative determination (AD) application to establish marijuana production at 70355
McKenzie Canyon Road, Bend. Attached is a regional map of the subject property (Attachment
1) for reference. The subject property is located within the Exclusive Farm Use (EFU), Flood
Plain (FP), and Wildlife Area Combining (WA) zones. The proposed marijuana production
consists of a maximum 4,960 square feet of mature marijuana plant canopy area and the
development of multiple structures.
The Planning Division issued an administrative decision without a public hearing on August 31,
2018, determining the application met the applicable criteria. On September 17, 2018, the
Board approved Order No. 2018-061 to serve as the hearings body if an appeal was filed. A
timely notice of appeal (file no. 247-18-00754-A) was filed by Liz Dickson on behalf of Tim and
Wendy DiPaolo.
On October 11, 2018, David Mullan of McKenzie Canyon Farms LLC, requested a 215 -day
extension of the review time period. Based on the maximum 150 day time review time period
(ORS 215.427) and the 215 day extension of the review time period, the final day on which the
County must take final action on this application is currently June 6, 2019.
ATTENDANCE: Matthew Martin, Associate Planner
IES
MEMORANDUM
DATE: March 6, 2019
TO: Board of County Commissioners
FROM: Matthew Martin, Associate Planner
I�L>�3 i1'1i►illtl<`�1 !i i'�`7 �`1f�iilll��111�
RE: Public Hearing: Appeal of Marijuana Production Approval
(File Nos. 247 -18 -000379 -AD / 754-A)
I. PURPOSE
On March 6, 2019, the Board of County Commissioners (Board) will hold a public hearing to consider
an appeal, filed by Liz Dickson on behalf of Tim and Wendy DiPaolo, in response to approval of an
Administrative Determination for marijuana production proposed by Ted Price of McKenzie Canyon
Farms LLC. The appeal materials identify several objections listed in Section IV below.
111. BACKGROUND
On April 27, 2018, the applicant, Ted Price of McKenzie Canyon Farms LLC, filed an administrative
determination (AD) application to establish marijuana production at 70355 McKenzie Canyon Road,
Bend. Attached is a regional map of the subject property (Attachment 1) for reference. The subject
property is located within the Exclusive Farm Use (EFU), Flood Plain (FP), and Wildlife Area
Combining (WA) zones. The proposed marijuana production consists of a maximum 4,960 square
feet of mature marijuana plant canopy area and the development of multiple structures.
The Planning Division issued an administrative decision without a public hearing on August 31, 2018,
determining the application met the applicable criteria. On September 17, 2018, the Board
approved Order No. 2018-061 to serve as the hearings body if an appeal was filed. A timely notice
of appeal (file no. 247-18-00754-A) was filed by Liz Dickson on behalf of Tim and Wendy DiPaolo.
On October 11, 2018, David Mullan of McKenzie Canyon Farms LLC, requested a 215 -day extension
of the review time period. Based on the maximum 150 day time review time period (ORS 215.427)
and the 215 day extension of the review time period, the final day on which the County must take
final action on this application is currently June 6, 2019.
247-18-000128-AD/447-LR/877-LL/899-A
The complete record for the project, excluding the notice of appeal and review time period
extensions, was provided to the Board for the work session on September 12, 20181. The notice of
appeal was provided to the Board for the work session on February 27, 20192.
111. PUBLIC COMMENTS RECEIVED
The Planning Division mailed a written notice of public hearingto parties on February 13, 2019. Staff
has not received any additional written testimony at the time of this memorandum.
IV. APPELLANT'S OBJECTIONS SUMMARY
The appellants, Tim and Wendy DiPaolo, state several reasons for their appeal that are fully
described in the notice of appeal. In summary, the appellant's arguments include:
A. Impact on Metolius Deer Winter Range.
B. Unknown impact on Golden Eagle nesting sites.
C. Separation distance from youth activity center.
D. Motor vehicle access.
E. Water and power feasibility.
V. NEXT STEPS
At the conclusion of the testimony, the Board can consider the following options:
1. Close the public hearing and written record and begin deliberations;
2. Close the public hearing and leave the written record open to a date certain; or
3. Continue the public hearing to a date certain.
ATTACHMENT
1. Regional map of subject property
Sept. 12, 2018, Board work session documents: http://deschutQscQuntyor,iqm2.com/Citizens/Detail Meetine asox?ID=1948
z Feb. 27, 2019, Board work session documents: http://deschutescountyor,iqm2.com/Citizens/Detail Meeting aspx?ID=2105
247-18-000128-AD/447-LR/877-LL/899-A
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WILDLIFE CONCENTRATION
(deer and elk)
Mule deer migration begins Oct. 1
Page 1 of 1
The Oregon Department of Transportation reminds drivers to watch for steer on
Beer, elk and
roadways as migration gets underway. Collision numbers
are from last season.
vehicle collision
.
hot spots
_
Warm Springs
Warne springs
Lowest:
0-3 per square mile
Indlan
Roservatian
;,
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Jelterson^County
3.10 pm tow:
3�io per sq. tniCo
142 collisions
Medium.
Madras
Metolius
10-20 per sq. mile
Culver
Medium high,
20.36 per sq. «tile
em Highest:
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36-84 per sq. mile
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Deer or elk and
vehicle collisions
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1"110 Bulfeti 1111 la map
Exhibit
IT Of
https://www.bendbulletin.com/esp/mediapool/sites/dt.common.streams.StreamServer.cls?S... 3/5/2019
Matt Martin
From: Weidner, Emily <emily_weidner@fws.gov>
Sent: Wednesday, March 6, 2019 8:39 AM
To: Matt Martin
Subject: Deschutes Co. Land Use Proposal - Appeal
[EXTERNAL EMAIL]
Hello Matthew,
Our office received a Notice of Public Hearing from Deschutes County Community Development
Department on February 15, 2019 (file numbers 247 -18 -000379 -AD & 247-18-000754-A). We
appreciate the County's coordination and the opportunity to provide feedback. I wanted to reiterate
the Service's comments per the original notice of application, received August 27, 2018. Any activity
that might result in disturbance would require a permit.
Per 2018 golden eagle nest location shapefile, there are two nests in the vicinity of the proposed
project. The eagles within that territory had a successful nest attempt in 2015, with one fledgling
documented. The nest was occupied in 2018 with evidence of eggs but had an unknown outcome. At
this point, the assumption is the nest(s) are occupied until surveys conclude otherwise. Occupancy
surveys occur March through August and document egg laying, incubation/hatching, nestling period,
and fledgling period.
The property falls within a 0.5 -mile nest disturbance buffer. No construction activities can occur
within the buffer zone during the nesting season until chicks have fledged. If nesting birds are
present, restricting project activities to outside the nesting season is a way to avoid disturbance and
minimize impacts. This means restricting project activities during the nesting season (January 1
through August 31). If project activities cannot occur outside the nesting season, then a permit will be
required.
You noted that the owner plans to use a light -deprivation system in the evening from 18:40 - 07:20 to
block any light transmission outside of the structure. Is that still part of the plan? We also have
concerns about whether or not anticoagulant rodenticides will be used in conjunction with crop
production. Additionally, will there be tree or vegetation removal as a part of the project?
Once again, we would appreciate additional coordination between the Service and the project
applicant. Please let me know if you have any additional questions.
Best,
Emily Weidner
Emily Weidner I Fish & Wildlife Biologist
U.S. Fish & Wildlife Service - Bend Field Office
Bend, Oreg®n 97702
Direct: 541.312.6423 1 Cell: 971.334.1822
WILDLIFE HABITAT
(uoiden tagie Nests)
Bertotti/Price TL 100
Proximity to BLM
FOR�Ys ?a cvx
�TATE t�F
;ORE;GON.
.Exhibit
Page of
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BOARD OF COMMISSIONERS' MEETING
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: Date: - r
Name 7r`
Address z) i c
I
-T 71�
Phone #s �- 7
E-mail address 61,6 , ' • L at Jd ro .
In Favor ❑ Neutral/Undecided Opposed
Are you submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the record.
** SUBMIT TO
RECORDING SECRETARY BEFORE MEETING BEGINS
March 6, 2019
Hello Deschutes County Commissioners,
Thank you for allowing the time for our Community of McKenzie Canyon to speak
on our behalf regarding the proposed development for our community.
My name is Jacquie Gibbs and I wish to speak to the sense of true community
which is a major part of the Community of McKenzie Canyon — especially in
maintaining reasonable "driving" conditions for our six miles of private road.
It is my opinion that the "for" or "against" support of growing a crop of marijuana
is not a factor in regard to the proposed development. Having had a variety of
conversations I have determined residents of McKenzie Canyon come from many
and varied positions in this regard.
My husband and I are in our 25th year of "life in McKenzie Canyon" residing at
70177 McKenzie Canyon Road.@ When we moved here there were 13 living -on-
site residences. Currently there are 22 living -on-site residences.
Basically, the first efforts in maintaining our private road was accomplished by
those who had appropriate equipment to do so. To my knowledge, the first time
it was believed additional resources were needed, three or four residents
contributed financially to have an outside business grade the road — this was
brought about by the sense of contributing one's "fair share".
Today, being one of the primary persons facilitating having an outside business
grade our private road once a year, I can attest that all living -on-site residents
contribute toward road upkeep in some way. This is brought about by providing
equipment, fuel, labor, and/or monetary contributions. Even some who are not
living -on-site residents, but who own property bordering our private road, very
willingly make monetary contributions.
I believe all of us residing in McKenzie Canyon have a sense of belonging to
something bigger/larger than "ourselves" even if not "belonging" to every facet
involved in maintaining a sense of "belonging"! In other words, we do not all
agree on everything needed in caring for our private road, BUT we all agree in
getting along and supporting life in McKenzie Canyon as a true community — NOT
because "community" is our goal, BUT because "community" is a gift we give each
other. I believe it to be a "gift" because those involved have cultivated a capacity
for connectedness.
My husband and I have questions and concerns regarding a venture being
developed in McKenzie Canyon but not supported by a living -on-site resident of
the McKenzie Canyon Community.
In closing, I vow to lend my support to helping those desiring this development to
find a more suitable place for its development.
Thank you.
yylZG�ti.. �`�tk'Z
�Uw-cEs c4`2
BOARD OF COMMISSIONERS' MEETING
0
REQUEST TO SPEAK
Citizen Input or Testimony
Subject: %�i0AVW-- A%°l�2.1'6 dg -e .r 90� 4&9i9&, PD�Duc�" c k (t e: �01�
Name A&4lim 57 / ,,e
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Phone #s �,5y/) 3 7-:2,34
E-mail address Ae � 43 7"
In Favor ❑ Neutral/Undecided Opposed
Are you submitting written documents as part of testimony? F—] Yes
If so, please give a copy to the Recording Secretary for the record.
** SUBMIT TO
RECORDING SECRETARY BEFORE MEETING BEGINS
J-fEs
?� BOARD OF COMMISSIONERS' MEETING
o �
REQUEST TO SPEAK
Citizen Input or Testimony
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Subject: , Date:
Name
Address n7 Qq re
Phone #sci a 3C f�
E-mail address `' 1'2C 0 c
In Favor F] Neutral/Undecided Opposed
Are you submitting written documents as part of testimony? F—] Yes
If so, please give a copy to the Recording Secretary for the record.
** SUBMIT TO
RECORDING SECRETARY BEFORE MEETING BEGINS
J-ces c
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REOUEST TO SPEAK
Citizen Input or J Testimony
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Subject: � 4 Lt-,r (2z l 4 Date:
Name
Address 7 e l t'rr " cc
Phone #s
E-mail address
In Favor Neutral/Undecided Opposed
Are you submitting written documents as part of testimony? Yes
If so, please give a copy to the Recording Secretary for the recon .
** SUBMIT TO
RECORDING SECRETARY BEFORE MEETING BEGINS
J -TEs QO
BOARD OF COMMISSIONERS' MEETING
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REQUEST TO SPEAK
Citizen Input or Testimony
Subject:Fie X/, .4er 2�r7-� t8 -0007s-/ .4 Date:
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Address 611777GKe�y,�
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Phone #s s`Nl -1-5 3 7 15 s
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In Favor ❑ Neutral/Undecided L,�J Opposed
Are you submitting written documents as part of testimony? F-] Yes lyn
If so, please give a copy to the Recording Secretary for the record.
** SUBMIT TO
RECORDING SECRETARY BEFORE MEETING BEGINS
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a' Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of March 6, 2019
DATE:
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Ordinance No. 2019-005 as Second Reading of Title
Only, to Amend DCC 17.16.105 Regarding Entities Besides the County Road Department
Which Can Maintain Roads Which Provide Direct Access to Subdivisions
RECOMMENDATION & ACTION REQUESTED:
Deliberate on whether to accept language of 247 -18 -000872 -TA as proposed; consider
signature of Board Ordinance 2009-005, which would implement the Board's approval.
BACKGROUND AND POLICY IMPLICATIONS:
The Board currently has a road moratorium (Resolutions 2006-049 and its successor 2009-
118) on accepting new roads into the system of County -maintained roads. Deschutes County
Code (DCC) at DCC 17.16.105 requires a subdivision to either directly access a County
arterial or collector or indirectly via a road which connects to a County arterial or collector. In
this latter case, County code requires the road providing indirect access has been accepted for
maintenance purposes by a unit of state or local government. Post -Resolutions 2006-049 and
2009-118, the Planning Division has approved subdivisions provided a homehowners
association, special road district, or similar entity existed, ensuring compliance with DCC
17.16.105. The language of 247 -18 -000872 -TA codifies this practice.
The Board held a public hearing on January 30, 2018, on file 247 -18 -000872 -TA. Only one
person testified. The Board closed the oral record at the end of the hearing, leaving the written
record open until February 6. In response to a question by the Board and oral testimony, the
Road Department submitted a memo explaining why the County or other small-scale entities
do not have road maintenance standards. No other written testimony was submitted.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD.
MEMORANDUM
DATE: February 11, 2019
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
RE: February 20 deliberations on amending Deschutes County Code (DCC)
17.16.105 regarding access requirements to subdivisions
The Community Development Department (CDD) has initiated a text amendment (247 -18-
000872 -TA) to ensure Planning Division practice is consistent with Board Resolution 2009-
118, which guides whether to accept new arterials or collectors into the County -maintained
road system. The proposed language codifies existing Planning practice.
BACKGROUND
The Road Department requested CDD begin a text amendment to Title 17, specifically
Deschutes County Code (DCC) 17.16.105, which deals with access to subdivisions. The
County currently does not accept roads into the County -maintained system pursuant to
Board Resolution 2009-118. This resolution does give the Board discretion to accept new
arterials and collectors into the County maintained system. Its predecessor, Res. 2006-049,
allowed no new roads, regardless of classification, to be accepted into the County -
maintained system.
The Board held a public hearing on January 30, closing the oral record at the hearing's end
and leaving the written record open until February 6. The Board set a deliberation date of
February 20. Previously, the Board had held a work session on January 23. The Board
process followed a Planning Commission (PC) public hearing on December 13, 2018, where
the PC unanimously recommended the text amendment be approved as proposed. The PC
had held a work session on November 29.
BOARD HEARING AND WRITTEN RECORD PERIOD.
The Board received one oral comment at the hearing regarding maintenance of the future
roads that would be affected by the text amendment. The Board also had questions on the
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� (541) 388-6575 @ cdd@deschutes.org @ www.deschutes.org/cd
possibility of the text amendment being revised to incorporate maintenance standards into
the proposed text amendment. The Board also asked if the Deschutes County Road
Department had maintenance standards similar to the way the Road Department has
construction standards.
Chris Doty, Deschutes County Road Department Director, submitted a memo dated
February 6, that answered those questions. Briefly, the memo stated why the Road
Department does not have maintenance standards and why it would be impractical to
compel Special Road Districts, Homeowners Associations (HOAs), and similar entities to
have road maintenance standards.
CURRENT AND PROPOSED LANGUAGE
Below is the current language of DCC 17.16.105:
"No proposed subdivision shall be approved unless it would be
accessed by roads constructed to County standards and by roads
accepted for maintenance responsibility by a unit of local or state
government. This standard is met if the subdivision would have
direct access to an improved collector or arterial or in cases where
the subdivision has no direct access to such a collector or arterial,
by demonstrating that the road accessing the subdivision from a
collector or arterial meets relevant County standards and has been
accepted for maintenance purposes."
Note the last sentence in DCC 17.16.105 reads "...the road accessing the subdivision from a
collector or arterial meets relevant County standards and has been accepted for
maintenance purposes." (Emphasis added.) DCC 17.16.105 was never amended to be
consistent with Board Resolutions 2006-049 or 2009-118.
Current planning practice has been to approve subdivisions if the road were built to County
standards and operated/maintained by a special road district or a homeowners' association
or subject to a similar maintenance agreement pursuant to DCC 17.16.040. The text
amendment would align current planning practice with the BOCC policy of not accepting
new roads by adding language to DCC 17.16.105 specifying additional road maintenance
entities (road districts, HOAs, etc.) are acceptable maintenance authorities when
determining access requirements for a subdivision.
The text amendment will ensure planning practice is consistent with BOCC Resolution 2009-
118. Without such language, subdivisions that do not use County -maintained roads for
access may not meet approval criteria.
Page 2 of 3
Here is the proposed language with deletions shown as striket"r^- ug" and additions shown
with underline:
"No proposed subdivision shall be approved unless it would be
accessed byroads constructed to County standards and byroads
under one of the following conditions:
A. Public roads with maintenance responsibility accepted fsr
MGintenGnee -es pencihilitii by a unit of local or state
government or assigned to landowners or homeowners
association b -V covenant or agreement,or
B. Private roads as permitted by DCC Title 18, with maintenance
responsibility assigned to landowners or homeowners
associations by covenant or agreement pursuant to ORS
105.175.
C. This standard is met if the subdivision would have direct access
to an improved collector or arterial or in cases where the
subdivision has no direct access to such a collector or arterial,
by demonstrating that the road accessing the subdivision from a
collector or arterial meets relevant County standards and that
maintenance responsibility for the roads has been assigned as
required by this section. h^'s bean a-c-cented fnr mGintenGn�a
• ee
NEXT STEPS:
Board will deliberate on the proposed language and consider signature of Board Ordinance
2019-005, which is the ordinance that would implement the text amendment proposed in
file 247 -18 -000872 -TA.
Staff is available to answer any questions.
Page 3 of 3
To: Peter Russell, Senior Transportation Planner
From: Chris Doty, Road Department Director
Cody Smith, County Engineer
Date: January 31, 2019
Re: Maintenance standards in relation to DCC 17.16.105
The purpose of this memorandum is to address the question regarding the application of maintenance standards
to roads not maintained by Deschutes County in context of the proposed Title 17 amendments.
The purpose of the proposed Title 17 amendments are to align the standards for subdivision access with current
County planning practice. Road Department and Community Development Department staff presented a
concept for the proposed text amendment to the Board at their September 13, 2017 Work Session meeting, and
the Board expressed support for the amendment.
The existing DCC 17.16.105 language can imply that properties cannot subdivide unless they have direct access
to a County maintained road. As the County no longer accepts local roads for maintenance (per Resolution
2009-118, i.e. the Road Moratorium), parcels capable of subdividing were potentially not eligible for development
as connecting roads could not be improved by the developer and accepted for maintenance by the County. In
reaction to the Road Moratorium, staff afforded the interpretation of "accepted for maintenance" to include roads
which were maintained by Road Districts, Homeowners Associations, or other maintenance agreements or
covenants. The proposed changes to DCC 17.16.105 clarify and codify this interpretation by staff.
The Board inquired about the possibility of amending the proposed text amendment to include a road
maintenance standard being required by code for roads not part of the County -maintained system. The subject
roads would provide indirect access from a proposed subdivision to a County -maintained arterial or collector.
Deschutes County has clear, concise and measureable standards for new construction. Maintenance activity,
however, does not have a clear, concise and measureable standard in which to supply as a reference to others.
Once constructed, an asset is maintained through the application of best practices in which the correct
maintenance treatment is specified at the appropriate time to extend the life of an asset and minimize life -cycle
costs. Deschutes County utilizes the Pavement Condition Index (PCI) as a measurement of the condition of
pavement which assists in determining the timing of maintenance treatments. The same process the County
61 150 SE 27th Street Bend, Oregon 97702
(541) 388-6581 road@deschutes.org www.deschutes.org
uses to measure conditions of a 700 mile paved system is not practical for a small subdivision with roads
maintained via a homeowners association.
Whereas the County provides road maintenance for county maintained roads under the supervision of the Board
of County Commissioners, the maintenance requirements imposed by County Code require maintenance - in
most cases via Homeowners Associations — which also have boards and other leadership in place to oversee
their maintenance activities aligned with the desires of their membership.
In summary, Deschutes County does not have any "maintenance standards" available for reference and it would
be very difficult to impose a maintenance standard for roads constructed and maintained under the provisions of
DCC 17.16.105.
61 150 SE 27th Street Bend, Oregon 97702
(5 41 ) 388-6581 road@deschutes.org www.deschutes.org