2019-174-Order No. 2019-015 Recorded 5/28/2019Recorded in Deschutes County CJ2019-174
Nancy Blankenship, County Clerk
Commissioners' Journal 05/28/2019 3:13:52 PM
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order approving the Road Department
Director's decision to assess an SDC on a
commercial activity in conjunction with a farm
use approved under File 247-18-000526-CU/527-
SP
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ORDER NO. 2019-015
WHEREAS, on April 11, 2019, the Road Department Director received a letter from Gordon Knight,
("Applicant"), protesting the April 4, 2019, Road Department Director's decision applying SDC charges to the
processing of lavender flowers, buds, oils, and floral water into soaps, lotions, and lip balms and on-site sales of
these products at 19825 Connarn Road„ Bend, OR (tax lot 1612190000501, the "Property"). Resolution 2013-
020, Section 4, Applicability, (C) provides for such protests; and
WHEREAS, pursuant to Resolution 2013-020, Section 4, Applicability, (A) the Road Department
Director decided the approved land use will result in the Property producing more peak hour trips post -
development than pre -development, but did reduce the SDC from $3,937 to $1,968 due to the seasonal nature of
the commercial use; and therefore denied the request to excuse the SDC payment on the Property; and
WHEREAS, pursuant to Resolution 2013-020, Section 12, Appeals and Review Hearings, (D), an
applicant may request a hearing before the Board of County Commissioners for the purpose of reviewing all
information and evidence relative to a protest, if the applicant disagrees with the Road Department Director's
decision; and
WHEREAS, the Applicant requested a hearing before the Board of County Commissioners and the
Board conducted said hearing at which time Applicant appeared and testified; and
WHEREAS, the Board having considered Applicant's protest on May 22, 2019, determined that the
Director's decision was correct and that the Applicant's protest be denied; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Resolution 2013-020 states: "A Transportation System Development Charge is hereby
imposed upon all new development for which a building permit is required within all unincorporated areas of
the County outside the urban growth boundaries of the cities of La Pine, Sisters, Redmond and Bend. This
shall include new construction and alteration, expansion or replacement of a building or dwelling unit
if such alteration, expansion or replacement results in an increase in the number of peak hour trips
generated compared to the present number of peak hour trips generated by the development or the
property on which the development is located." (Emphasis added)
Section 2. Prior to the Applicant to applying for a commercial activity in conjunction with a farm use to
voluntarily resolved a code enforcement case, the Applicant received approval for a single-family home on the
property in 2004; the residential use will continue. The combination of the residential use and the approved
commercial activity in conjunction with a farm use, aka "Tumalo Lavender" will result in an increase in the
PAGE 1 OF 2- ORDER NO. 2019-015
number of trips generated by the Property and is
Tumalo Lavender prior to receiving formal land
to the applicability of the SDC to the Property.
Section 3. Based upon the foregoing, the
of the SDC on the Property.
Dated this 72-1 of
20_19
therefore subject to the SDC. The fact that Applicant operated
use approval via File 247-18-000526-CU/527-SP is irrelevant
Board determines that the Applicant is responsible for payment
PAGE 2 OF 2- ORDER NO. 2019-015
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, ORLON
P
ILIP G. HE
ERSON, Chair
AIL
PATTI ADAIR, , Vice Chair
ANTHONY DEBONE, Commissioner