2019-349-Minutes for Meeting May 21,2019 Recorded 7/31/2019BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
Recorded in Deschutes County
Nancy Blankenship, County Clerk CJ2019-349
Commissioners' Journal 07/31/2019 2:41:50 PM
110191191111111111111111111111
FOR RECORDING STAMP ONLY
BOCC TUESDAY MEETING MINUTES
2:00 PM
TUESDAY, May 21, 2019 ALLEN CONFERENCE ROOM
Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom
Anderson, County Administrator; Erik Kropp, Deputy County Administrator; and Laura Skundrick, Board
Administrative Assistant. Several citizens and one representative of the media were in attendance.
CALL TO ORDER: Chair Henderson called the meeting to order at 2:11 p.m.
ACTION ITEMS
1. Q3 2019 Performance Measure Update
Judith Ure, Management Analyst, presented the third quarter performance
measures.
County Property Manager James Lewis spoke to the goal of economic vitality
with the objective of supporting affordable housing efforts. Mr. Lewis
explained that Deschutes County has donated land to Habitat for Humanity
over the past 3-4 years that is now home to 65 families.
BOCC TUESDAY MEETING
MAY 21, 2019 PAGE 1 OF 6
County Assessor Scot Langton, under the goal of service delivery with the
measure of account managed per FTE, noted the comparisons to other
counties within the materials were made to Lane, Jackson, Clackamas,
Marion, Linn and Benton. Commissioner DeBone inquired about the
trajectory of properties being added, and Mr. Langton replied that most of
the additions are within cities of Bend and Redmond.
District Attorney John Hummel spoke about the goal of safe communities
and objective of reducing crime and recidivism through prevention,
intervention, supervision and enforcement. Mr. Hummel added that
measuring the trial conviction rate for driving under the influence is difficult,
due to certain types of cases that are presented for prosecution.
Human Resources Analyst, Jason Bavuso, discussed the goal of service
delivery through the measure of providing trainings and the percentage of
those completing the program. The training partnership with five other
public sector entities allows the county to provide various trainings. The goal
for participation is 25%, so currently there is opportunity to increase
participation. Chair Henderson inquired how many employees qualify as a
supervisor, Jason replied about 150.
2. April 2019 Treasurers Report and Financial Reports
Mr. Lowry overviewed the Treasurer's Report and Financial Reports, noting
several highlights within the total investment portfolio and departmental
comparisons to last year. He added that room tax is about 6.5% ahead of last
year at this time with May and June remaining within the fiscal year.
Mr. Lowry noted that Deschutes County budget week begins on Tuesday May
28th and will continue throughout the week.
3. Consideration of Board Signature of Resolution No. 2019-014, Adopting
the Corrective Action Plan for Fiscal Year 2018
BOCC TUESDAY MEETING
MAY 21, 2019 PAGE 2 OF 6
Mr. Lowry noted the two prior -period adjustments that were made to the
FY18 budget, items found by Finance staff and worked with the auditors to
correct them. The correction has been made and procedures are now in
place to prevent this from happening again.
ADAIR: Move Board Signature of Resolution No. 2019-014
DEBONE: Second
VOTE: ADAIR: Yes
DEBONE: Yes
HENDERSON: Chair votes yes. Motion Carried
4. CDD 2018 Annual Report & Draft Fiscal Year 2019-20 Work Plan
Mr. Lelack noted this overview of the FY 2019-20 Work Plan is in preparation
for the public hearing scheduled for Wednesday June 12th. He summarized
how the work plan is put together and its purpose.
CDD division staff summarized 2018 accomplishments as explained in the
2018 Annual Report, as well as their work plan for FY 2019-20, explained in
the draft Work Plan.
5. 2019 Flood Plain Amendment Discussion
Ms. Mardell requested the Board's direction on the overall concept of the
Cluster and PUD Amendment that has been presented to you, and will return
to the Board for more detailed feedback after it has been reviewed by the
Planning Commission. All Commissioners are supportive of the concept.
BOCC TUESDAY MEETING
MAY21,2019 PAGE 3OF6
6. Potential Appeal of Marijuana Production Approval and Consideration
of Order 2019-014
Ms. Liu presented the potential appeal of marijuana production facility
located at 60148 Stirling Drive and handed out a zoning map for the
property. An appeal is expected due to known concerns regarding odor,
noise, RV parking and a possible youth activity center. All Commissioners are
supportive of hearing this if appealed.
Ms. Liu handed out a revised version of the Order No. 2019-014
DEBONE: Move Approval of Order No. 2019-014
ADAIR: Second
VOTE: DEBONE: Yes
ADAIR: Yes
HENDERSON: Chair votes yes. Motion Carried
7. Preparation for Public Hearing on Appeal of SDC for Lavender Oils and
Products
Mr. Russell provided background on the public hearing scheduled for
tomorrow's Board meeting, regarding Tumalo Lavendar's appeal of SDCs.
Commissioners requested information regarding SDCs for comparable types
of properties, and Mr. Russell confirmed he would research and bring that
information to the hearing.
RECESS: A recess was taken at 4:06 p.m. and the meeting was reconvened at
4:12p.m.
BOCC TUESDAY MEETING
MAY21,2019 PAGE4OF6
8. Discussion of Resolution Provided by PERS Solutions
County Administrator Anderson discussed a summary as to the status of SB
1049 regarding PERS Reform.
The Commissioners are supportive of making several revisions to the
submitted PERS Solutions Resolution but requested more information about
becoming a part of the coalition, as is written in the proposed Resolution.
The Board will discuss further with more information at tomorrow's meeting
as well as the revised Resolution.
EXECUTIVE SESSION:
At the time of 5:01 p.m., the Board went into Executive Session under ORS 192.660
(2) (s) Labor Negotiations. The Board came out of Executive Session at 5:19 p.m.
and directed staff to proceed as discussed.
OTHER ITEMS: None reported.
COMMISSIONER UPDATES:
• Commissioner DeBone will attend tonight's Forest View Special Road District
Board meeting.
• Commissioner Adair was at the State Capitol building in Friday and was able
to drop off the Commissioners Priority Funding Bill list to about 25 offices
within the House and the Senate. She was also able to speak with Senator
Johnson and Senator Hansell.
• Commissioner Adair provided an update on the AOC County College class
she attended.
• Chair Henderson noted it may be valuable for him to visit Washington D.C.
later in the year to discuss large road projects.
BOCC TUESDAY MEETING
MAY 21, 2019 PAGE S OF 6
• Chair Henderson was in Sisters and visited Laird Superfoods and Metabolic
Maintenance which were good tours and interesting to see the housing
situation and the industrial side of Sisters.
ADJOURN
Being no further items to come before the Board, the meeting was adjourned at 5:20 p.m.
DATED this t
Commissioners.
Day o
RECORDING SECRETARY
BOCC TUESDAY MEETING
2019 for the Deschutes County Board of
PHILIP G. EENDERSON, CHAR
AZ\
PATTI ADAIR, VICE CHAIR
ANTHONY DEBONE, COMMISSIONER
MAY 21, 2019 PAGE 6 OF 6
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BOCC MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
2:00 PM, TUESDAY, MAY 21, 2019
Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend
CALL TO ORDER
ACTION ITEMS
1. 2:00 PM Q3 2019 Performance Measure Update -Judith Ure, Management
Analyst
2. 2:30 PM April 2019 Treasurers Report and Financial Reports - Wayne Lowry,
Finance Director/Treasurer
3. 3:00 PM Consideration of Board Signature of Resolution No. 2019-014,
Adopting the Corrective Action Plan for Fiscal Year 2018 - Wayne Lowry,
Finance Director/Treasurer
4. 3:15 PM CDD 2018 Annual Report & Draft Fiscal Year 2019-20 Work Plan - Nick
Lelack, Community Development Director
5. 3:45 PM 2019 Flood Plain Amendment Discussion - Nicole Mardell, Associate
Planner
6. 4:05 PM Potential Appeal of Marijuana Production Approval and Consideration
Of Order 2019-014 - Isabella Liu, Associate Planner
7. 4:20 PM Preparation for Public Hearing on Appeal of SDC for Lavender Oils and
Products - Peter Russell, Senior Planner
8. 4:35 PM Discussion of Resolution Provided by PERS Solutions
Board of Commissioners BOCC Meeting Agenda
Tuesday, May 21, 2019 Page 1 of 2
COMMISSIONER'S UPDATES
EXECUTIVE SESSION
Executive Session under ORS 192.660 (2) (a) Employment, ORS 192.660 (2) (d) Labor
Negotiations, ORS 192.660 (2) (e) Real Property, and ORS 192.660 (2) (i) Employee
Evaluation
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
Board of Commissioners BOCC Meeting Agenda
Tuesday, May 21, 2019 Page 2 of 2
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BOCC Tuesday Meeting
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Please return to BOCC Secretary.
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 BOCC Tuesday Meeting of May 21, 2019
DATE: May 15, 2019
FROM: Judith Ure, Administrative Services, 541-330-4627
TITLE OF AGENDA ITEM:
Q3 2019 Performance Measure Update
RECOMMENDATION & ACTION REQUESTED:
None, informational only.
ATTENDANCE: Judith Ure and representatives from the Administrative Services Department,
Assessor's Office, District Attorney's Office, and Human Resources Department.
SUMMARY: Selected departments will provide updates on progress made toward Board of
Commissioner goals and objectives during the third quarter of FY 2019. Written documentation
is attached with topics to be highlighted shaded in blue.
Year 2019 l & 0»:
Enhancing the Lives of Citizens by Delivering Quality Services in a Cost -Effective Manner.
SAFE s
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Protect the community through planning, preparedness and delivery of coordinated services.
• Provide Safeend ecu e comm nitres through coordinated,public afety services.
• Reduce crime and recidivism through prevention, intervention, supervision and enforcement.
• Collaborate with partners to prepare for and respond to emergencies and disasters.
HEALTHY E:
Enhance and protect the health and well-being of communities and their residents.
• Support and advance the health and safety of Deschutes County's diverse populations.
• Promote well-being through behavioral health and community support programs.
• Heip torus#a�n na#ural resourcestn ialanQewith other co`rpVitt—
Promote
n
Promote policies and actions that sustain and stimulate economic vitality.
• Support affordable housing options through availability of lands and appropriate regulation.
• Administer land use programs that promote livability and sustainability.
• Maintain a safe efficient and-austairtable transportation systerri.
• Partner with organizations and manage County assets to attract business development, tourism
and recreation.
Provide solution -oriented service that is cost-effective and efficient.
• Ensure quality service delivery through the use of innovative technology and systems.
• Support and promote Deschutes County Customer Service "Every Time" standards.
• Preserve and enhance capital assets and strengthen fiscal security.
• Provide collaborative internal support for County operations.
Administration
Administration
Administration
Administration
Administration
Administration
Administration
Department
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Service Delivery
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Economic Vitality
Economic Vitality
Service Delivery
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Support affordable housing
options through availability of
lands and appropriate
regulation.
Provide solution -oriented
service that is cost-effective
and efficient
Provide solution -oriented
service that is cost-effective
and efficient
Preserve and enhance
capital assets and strengthen
fiscal security.
Partner with organizations
and manage County assets
to attract business
development, tourism, and
recreation.
Maintain a safe, efficient and
sustainable transportation
system.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Objective
Deschutes County
Department Performance Measurements
FY 2019: All Department Updates & Highlighted Measurements (shaded in blue)
Work with non-profit
agencies to increase the
supply of affordable housing.
Number of workplace
accidents that require days
away from work, restricted,
or transferred workers per
100 employees (DART
Rate).
Achieve 95% rating of overall''.
quality of internal audit
reports as compared to
national average for
association of local
govemment auditors.
Maintain Risk reserve at the
80% confidence level of
adequacy, based on actuarial
study.
Contribute to economic
stability and growth through
the number of jobs
committed with the
Economic Development
Loan Program
State and federal funds
secured on behalf of local
public transit providers from
Oregon Department of
Transportation (ODOT) and
Federal Transit Agency
(FTA) for the purpose of
providing transportation
services to seniors and
people with disabilities.
10 -day or fewer wait time for
an appointment at the
Veterans' Service Office.
Measure
Follow-up work with Sunriver La Pine Habitat
for Humanity to convey deed/ownership of two
parcels (1.0 acre and 0.70 acre) in La Pine for
their 19 unit affordable housing project.
The DART Rate is determined later in the
year.
Achieved 93% rating during the first quarter
with one report being issued.
Current reserve level is at the 85% confidence
level (as of the end of FY 2017-18)
No loans made in 01.
$916,721 approved by ODOT for the 2017-19
biennium in Special Transportation Formula
and Discretionary grants to support transit
services to seniors and people with disabilities.
Services will be provided by Abilitree,
Opportunity Foundation of Central Oregon,
and Cascades East Transit through sub -
agreements.
We currently maintain fewer
than a 10 day waiting period
for appointments.
Q1 Update
Deed transferred to Sunriver La Pine Habitat
for Humanity for 1.0 and 0.7 acre parcels in La
Pine. Construction on the infrastructure to
support the development has begun.
The DART Rate is determined later in the
year.
Achieved 100% rating during second quarter
with one report being issued.
No new update since Q1.
No loans made in Q2.
Opened solicitation for 2019-21 biennium.
Process to award grants will take place in Q3
and Q4.
We currently maintain a 10 day or less wait
time for client appointments
Q2 Update
Continuing to monitor the progress of Habitat
for Humanity development of affordable
housing units on County donated land in La
Pine.
The DART Rate is determined later in the
year.
Achieved an overall 92% rating for two reports
issued in this quarter.
No new update since Q1.
No loans made in Q3.
STF Advisory Committee met and
recommended grants as follows: $300,703
Section 5310 Small Urban Program, $914,745
Section 5310 Rural Program, and $865,772.00
Special Transportation Fund Program. Board
of Commissioners approved recommendations
and staff submitted application to ODOT.
Awards are expected to be announced by the
end of Q4.
We are currently at a 12 day wait time due to
increase in client load and being short one
service officer.
Q3 Update
Clerk's Office
Assessor's Office
Assessor's Office
Assessor's Office
Assessor's Office
Assessor's Office
Assessor's Office
Administration
Administration
Administration
Service Delivery
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Service Delivery
Service Delivery
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Service Delivery
Service Delivery
Economic Vitality
Economic Vitality
Ensure quality service
delivery through the use of
innovative technology and
systems.
Preserve and enhance
capital assets and strengthen
fiscal security.
Preserve and enhance
capital assets and strengthen'
fiscal security.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Support and promote
Deschutes County Customer
Service "Every Time"
standards.
Support affordable housing
options through availability of
lands and appropriate
regulation.
Support affordable housing
options through availability of
lands and appropriate
regulation.
Compares recording staff
FTE to the number of pages
recorded
Administrative expenses as a
percentage of taxes imposed
compared to other Oregon
counties
Cost per account managed
compared to other Oregon
counties.
Written certification from the
Department of Revenue
approving the County
Assessment Function
Assistance (CAFFA)
program.
Percentage of tax statements
mailed by October 25th.
Written approval by the
Department of Revenue for
the Assessor's Certified
Ratio Study.
Accounts managed per FTE
compared to other Oregon
counties.
Analyze customer requests
for information (web data,
phone calls and front counter
interaction) and implement
solutions to better connect
residents to County services.
Seek opportunities to partner
with other jurisdictions to
stimulate affordable housing
projects.
Continue to identify asset or
foreclosure properties that
may be appropriate for
housing and/or social
services and assist the
developer in bringing projects
to fruition.
Comparisons provided with Q3 report
Figures not available until 4th quarter
Figures not available until 4th quarter
CAFFA submitted to DOR for approval in 4th
quarter of year
100% of tax statements mailed prior to
October 25
Figures not available until 4th quarter
Figures not available until 4th quarter
Completing analysis of county -wide
,phone/reception structure
Work with City of Redmond on preparation of
their application to the State of Oregon for a
pilot program that allows an expansion of their
Urban Growth Boundary specifcally for the
development of affordable housing - of specific
consideration was a 40 acre tract owned by
Deschutes County along the eastern boundary
of the City of Redmond UGB.
Continue to review properties acquired through
tax foreclosure/tax deed for appropriateness
for conveyance to affordable housing
providers
Comparisons provided with Q3 report
Figures not available until 4th quarter
Figures not available until 4th quarter
CAFFA submitted to DOR for approval in 4th
quarter of year
100% of tax statements mailed prior to
October 26
Figures not available until 4th quarter
Figures not available until 4th quarter
Analysis of phone/reception structure is
complete. Currently analyzing web -related
requests.
(Same as Q1. However, Redmond teamed that
(they did not receive the award for the pilot
program. Continued conversations with City of
Redmond and State DLCD representatives
about potential for expansion of the pilot
'program during 2019 legislative session.
Same as Q1. No new tax foreclosure
properties were taken by tax deed in 2018,
thus no new properties avaialble for affordable
housing review.
Page Count/FTE
Deschutes - 68,599
Clackamas - 72,994
Jackson - 44,376
Lane - 70,160
Marion - 47,638
1.63%. Seven comparision county average
1.63%.
$54.44 per account. Seven comparison
counties $45.61 per account.
CAFFA grant application goes before 8OCC
for approval 4/17/2019, then application sent
to Department of Revenue for approval.
100% of tax statements mailed prior to
October 27.
Figures not available until 4th quarter.
2,864 accounts per FTE. Seven comparison
county average is 2,880.
Communications staff is working closely with
departments and IT staff to ensure rotating
web banners on www.deschutes.org are timely
and relevant.
New legislation is pending that will allow
Redmond to move rd with affordable
housing pilot program to expand UGB. The
program is considering 40 acres of County
owned land adjacent to east UGB/City limit. It
is anticipated that County involvement will
ramp up in Q4.
Same as Q1. New tax foreclosure properties
are acquired in October through December
each calendar year.
Community Development
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Clerk's Office
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Service Delivery
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Administer land use policies
that promote livability, and
sustainability.
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Support and promote
Deschutes County Customer
Service "Every Time"
standards.
Support and promote
Deschutes County Customer
Service "Every Time"
standards.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Coordinate with City of
Redmond to entitle large lot
industrial site.
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Percentage of customers
rating levels of service as
very good to excellent
Election personnel cost
comparison per 1,000 ballots
tallied for countywide
elections
Compares election staff FTE
to voter registration
Coordinated with the City of Redmond
regarding a site owned by the Oregon
Department of State Lands (DSL) adjoining its
Urban Growth Boundary (UGB) as a plausible
location for a large -lot industrial campus. DSL
initiated a City/County UGB plan amendment
in September.
City and County staff are scheduled to meet to
begin the Bend Airport Master Plan Update
and Adoption Process on Dec. 20, 2018
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Comparison not available until billing
completed; deadline is December 22.
Comparisons provided with Q3 report
Staff is coordinating with the City of Redmond
regarding a site owned by the Oregon
Department of State Lands (DSL) adjoining its
Urban Growth Boundary (UGB) for a large -lot
industrial campus. DSL initiated a City/County
UGB plan amendment in September. The Plan
amendment went before bearings Officer on
November 27. The will conduct a joint hearing
with the Redmond City Council on February
12.
Staff continues to coordinate with the City of
Bend to amend the County's Comprehensive
Plan and zoning code to allow new airport -
related businesses at the Bend Airport through
a streamlined permit process. The City
anticipates a 2 -year process (2019-2020) to
update the Bend Airport Master Plan (BAMP),
adopt relevant sections into the County's
Comprehensive Plan, and implement the
BAMP through zoning amendments.
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Date of Election: November 6, 2018
Personnel Costs: 33,610
Ballots tallied/1,000: 97.255
Personnel Cost/1,000 tallied ballots: 346
Total Voter Registration: 135,324
Comparisons provided with Q3 report
The Board adopted ordinances amending
Redmond's Urban Growth Boundary to include
a large lot industrial site, Oregon Military
Department site, and land for fairgrounds
expansion.
CDD conducted a pre -application conference
with City of Bend staff on a conditional use
and site plan application to move helicopters
from the west side of the airport to the east
side. The project is intended to enhance safety
at the busy general aviation airport by
segregating fixed wing and helicopter traffic.
The development of hangars is necessary to
fulfill the commitments the City made to the
FAA for the project and realize the intended
purpose of the project.
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Comparison not available until billing
completed; deadline is July 5.
Reg Voters/FTE
Deschutes - 68,658
Clackamas - 58,243
Jackson - 63,797
Lane - 43,338
Marion - 40,445
Community Development
Community Development
Community Development
Community Development
Community Development
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Support and promote
Deschutes County Customer
Service "Every Time"
standards.
Support and promote
Deschutes County Customer
Service "Every Time"
standards.
Provide safe and secure
communities through
coordinated public safety
services.
Provide safe and secure
communities through
coordinated public safety
services.
Help to sustain natural
resources in balance with
other community needs.
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Issue onsite septic system
permits within 15 days of
complete application.
Issue land use administrative
decisions with notice within
45 days and without notice
within 21 days of completed
application.
Achieve 85% voluntary
compliance in code
enforcement cases.
Resolve 75% of code
enforcement cases within 12
months.
Coordinate with cities for
growth management.
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Achieved. Onsite septic system permits were
issued within 12.74 days of completed
application.
Did not achieve. Land use decisions with prior
notice (and without a public hearing): 84.2
days (down to 53.2 days by December). Land
use decisions without prior notice: 38.1 days
(down to 33.7 days by December).
Achieved. Voluntary compliance in code
enforcement cases: 88.1%.
Achieved. Code enforceemnt cases closed
within 12 months: 96.4%.
Coordinated with the City of Redmond
regarding a site owned by the Oregon
Department of State Lands (DSL) adjoining its
Urban Growth Boundary (UGB) as a plausible
location for a large -lot industrial campus,
Fairgrounds expansion, and Oregon Military
Department training center. DSL initiated a
City/County UGB plan amendment in
September.
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Achieved. Onsite septic system permits were
issued within 11.91 days of completed
application.
Did not achieve. Land use decisions with prior
notice (and without a public hearing): 54.1
days. Land use decisions without prior notice:
29.4 days.
Achieved. Voluntary compliance in code
enforcement cases: 89%.
Achieved. Code enforcement cases closed
within 12 months: 87.3%.
Same as 01. DSL received hearings officer
approval from City and County for the UGB
expansion for large lot industrial, and
Fairgrounds Expansion and Oregon Military
Division projects begun in Q1.
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Achieved. Onsite septic permits were issued
within 6.24 days of completed application.
Did not achieve. Land use decisions with prior
notice (and without public hearing)71.1 days
Achieved. Land use decisions without prior
notice: 9.9 days
Achieved: Voluntary complaince in code
enforcement cases: 88.8%
Achieved. Code enforcement cases closed
within 12 months: 90.4%
Same as Q1. DSL received hearings officer
approval from City and County for the UGB
expansion for large lot industiral, Farigrounds
Expansion and Oregon Military Division
projects begun in Q1.
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Service Delivery
Service Delivery
Service Delivery
Ensure quality service
delivery through the use of
innovative technology and
systems.
Help to sustain natural
resources in balance with
other community needs.
Collaborate with partners to
prepare for and respond to
emergencies and disasters.
Reduce crime and recidivism
through prevention,
intervention, supervision and
enforcement.
Reduce crime and recidivism
through prevention,
intervention, supervision and
enforcement.
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Ensure quality service
delivery through the use of
innovative technology and
systems.
Support and promote
Deschutes County Customer
Service "Every Time"
standards.
Support and promote
Deschutes County Customer
Service "Every Time"
standards.
Complete the Computer
Aided Dispatch system
replacement project.
Maintain or increase the
number of communities
participating in the Firewise
USATM' Program.
Maintain or increase public
participation in Fire Free
events as measured by yard
debris collected.
No more than 10% of low-
risk youth referred for first-
time alcohol and other drug
violation recidivate within one
year of initial referral.
65% of supervised adult
offenders have up to date
criminogenic risk
assessments that drive case
plans.
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Create an interactive and
visual display platform
("Dashboard") in partnership
with county IT that extracts
and analyzes database
inputs, outputs and
outcomes central to
changing offender behavior
and reducing recidivism.
Achieve an average
turnaround time on building
plan reviews of 8-10 days.
Achieve 6-10 inspection
stops per day.
The current CAD replacement project is
continuing progress. Due to further
development needs of the iOS software on the
project, the golive date is TBD.
No changes from the previous quarter,
Firewise communities still total 23.
N/A for first quarter, event will be held in Q2
N/A for first quarter, measure will occur in Q4
P
w
Parole and Probation's primary alcohol and
drug treatment contracted provider recently
performed well and with great improvement,
on a state evidence -based practices program
review. The department has worked closely
with the provider since last year to improve
programming after the provider failed the state
program review.
Parole and Probation with assistance of IT
department has created and currently
operating five dashboards: caseload, sex
offender polygraph, communty service, policy
and procedure and cognitive programming.
Did not acheive. 35.55 days. Reduced to 16.76
days in December.
Achieved 8.80 inspection stops per day.
Due to the developement of the fire iOS
software the project golive has been adjusted
to meet the needs of the software
development/delivery. Our golive date for the
project is now March 2020.
Firewise sites increased by 2 to a total of 25.
Tetherow and Tillicum Village were recognized
as Firewise USA sites.
Fall FireFree generated 14330, a slight decline
from 2017 results of 14857
N/A for second quarter, measure will occur in
Q4
N
The department continues to work with
providers to ensure good quality. A second
provider is under an Action Plan for
improvement. The department is considering
supporting an effort to build sustainable
capacity by bringing high quality, evidence -
based curriculum training to the area to create
local training and practice expertise.
Dashboard development continues. Currently
operating 6 dashboards with several in
development.
Did not achieve. Turnaround time on building
paln reviews: 16.50.
Achieved 8.95 inspection stops per day.
DC911 Staff and Fire Departments have been
working with Tyler during the fire iOS
development. The product is looking good at
this time and we are still on track for our golive
of March 2020.
Firewise sites increased by 4 to a total of 29.
Aspen Lakes and Crossroads were reinstated,
Odin Falls and The Tree Farm are new
additions.
N/A for third quarter, spring event will be held
in Q4.
N/A for third quarter, measure will occur in Q4.
v
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The department has issued solicitations for
substance use disorder (SUD) treatment
services and sober housing provision for
medium and high risk adult offenders for the
upcoming biennium in accordance with best
practices in this area. The department will be
offering targeted funding support for agencies
willing and able to identify and improve
practices that are more likely to contribute to
positive outcomes with the community
corrections population. Will report in Q4 on
awards and strategies that will be funded.
Currently operating 6 dashboards with multiple
reports for executive, manager, supervisor and
line staff purposes.
Did not achieve. Turnaround time on building
plan reviews: 15.76
Achieved 6.48 inspection stops per day.
District Attorney's Office
District Attorney's Office
District Attorney's Office
0
0
DC 911
DC 911
Safe Communities
Service Delivery
Healthy People
Service Delivery
Safe Communities
Safe Communities
Service Delivery
Provide safe and secure
communities through
coordinated public safety
services.
Provide solution -oriented
service that is cost-effective
and efficient
Promote well-being through
behavioral health and
community support
programs.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Provide safe and secure
communities through
coordinated public safety
services.
Provide safe and secure
communities through
coordinated public safety
services.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Participate in Local Public
Safety Coordinating Council
(LPSCC), Central Oregon
Law Enforcement Services
(COLES), Multiple
Disciplinary Teams (MDTs),
and other public safety
organizations.
Provide Civil Commitment
legal representation to
behavioral health and provide
administrative oversight of
the Medical Examiner
program.
Support sheriff and
behavioral health with
implementation of crisis
receiving center program.
Remain open to agreements
with other government
agencies interested in
receiving service from the
new radio system.
For all high priority calls,
obtain and input location and
call nature within 30 seconds
from the time the call was
answered.
Meet the 9-1-1 call
answering standard
established by the National
Emergency Number
Association by answering all
9-1-1 calls within 10
seconds, 90% of the time
during the average busiest
hour.
Complete the digital trunked
radio system replacement
project.
LPSCC Aug 7th- MDT Jul 11th, Jul 12th, Jul
25th, Aug 15th, Sept 12th, Sept 13th, Septl9th-
CCLES Jul 12th, Sept 13th
Mental Hold 48, Civil Commitment 6, ME
Cases 63
We stand ready to assist the Sheriff and the
Health Services Director.
Ongoing. The District is engaged in
discussions with other government partners
about joining the radio system.
On all high priority 911 calls, calltakers obtain
and input call location and call nature within 18
seconds on average.
Goal Met. Deschutes County 911 calltakers
are answering 911 calls within 10 seconds
93% of the time.
This radio project is nearly complete with an
additional permanent tower on Overturf Butte
in process. The District continues to look at
enhancement options with user partners in the
future.
-LPSSC Nov 6th -MDT Oct 3rd, Oct 10th, Oct
17th, Nov 2nd, Nov 7th, Nov 8th, Nov 14th,
Nov 28th, Dec 5th, Dec 19th -COLES Oct
11th, Nov 8th, Dec 13th
Mental Hold 48, Civil Commitment 6, ME
Cases 63
We stand ready to assist the Sheriff and the
Health Services Director.
Ongoing. The District will continue to engage
in discussions and be open to opportunities for
future partnership with other govemement
agencies on the radio system.
Goal Met. On all high priority 911 calls,
calltakers obtain and input call location and
call nature within 9 seconds.
During Q2 our average dipped to 89.84%
within 10 seconds on 911 calls. During this
quarter we experienced departure of three
trained dispatcher/calltakers. We also hired
three new calltakers and started them training
on the phones which could attribute for the
change in percentage.
The Overturf permit application has been
submitted to the City of Bend with a potential
golive between April -June 2019.
LPSSC Feb 5th; MDT Mar 6th; COLES Jan
10th, Feb 14th, Mar 14th.
Mental Hold 36, Civil Commitment 6, ME
Cases 86.
We stand ready to assist the Sheriff and the
Health Services Director.
Same as Q2, no change.
No data reported.
No data reported.
FCC NEPA & Tribal Notification process has
been completed. The FCC licensing will be
completed by April 30. Drawings are currently
being worked on. The final placement of the
power feed & lines are being worked on.
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District Attorney's Office
District Attorneys Office
0
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Safe Communities
Safe Communities
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a s
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Reduce crime and recidivism'
through prevention,
intervention, supervision and
enforcement.
Reduce crime and recidivism
through prevention,
intervention, supervision and
enforcement.
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Average elapsed time to final
disposition (in days) for adult
misdemeanor cases.
Driving under the influence of
intoxicants trial conviction
rate.
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Installation of seismic gas shutoff valves is
planned at (4) facilities to be completed in Q2
The average elapsed time to final disposition
is 110 days for adult misdemeanor cases.
Our conviction rate is 60% for this quarter. We
have had 5 trials and 2 acquittals.
n • v°_ 3 v • m i. v 2 ° 3 0' . -
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Natural gas seismic shutoff valve installations
are planned for spring/summer of 2019 at (4)
facilities in order to avoid winter heating shut
downs: Redmond Services Building
(Community Justice), North County Services
Building (Health Services), South County
Services Building, and the Wall
Street Services Building. Fire sprinkler
bracing reviews and upgrades planned for Q3
include Wall Street Services Building and the
Courthouse Complex.
The average elapsed time to final disposition
is 104 days for adult misdemeanor cases.
Our conviction rate is 60% for this quarter. We
have had 5 trials and 2 acquittals.
J_-omomrz oo o 9D= ? 0O�n 3Dom<o^o D=DS An �O'
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Projects identified in the Q2 update are being
pursued in Q4.
The average elapsed time to final disposition
is 125 days for adult misdemeanor cases.
Our conviction rate is 80% for this quarter. We
have had 5 trials and 1 acquittals.
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Fair & Expo
Fair & Expo
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Fair & Expo
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Facilities
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Service Delivery
Economic Vitality
Economic Vitality
Safe Communities
Healthy People
Service Delivery
Service Delivery
Preserve and enhance
capital assets and strengthen
fiscal security.
Partner with organizations
and manage County assets
to attract business
development, tourism, and
recreation.
Partner with organizations
and manage County assets
to attract business
development, tourism, and
recreation.
Collaborate with partners to
prepare for and respond to
emergencies and disasters.
Support and advance the
health and safety of
Deschutes County's
residents.
Provide solution -oriented
service that is cost-effective
and efficient
Preserve and enhance
capital assets and strengthen
fiscal security.
Work closely with Property &
Facilities to develop a long-
term replacement program
for Fair and Expo facilities.
Have more than 261,000
visitors attend this year's
Fair.
Achieve $40 million in
economic impact generated
from Fair and Expo events
and facilities. This measure
utilizes economic multipliers
established by Travel Oregon
and updated with Travel
Industries of America travel
index.
Continue working with law
enforcement and community
partners on the Emergency
Operations Plan (EOP) and
Memorandum of
Understanding (MOU) with
the Federal Emergency
Management Agency
(FEMA).
Continue to focus on safe
access to County facilities
and services through
inspection, repair, and
replacement of sidewalks
and related infrastructure.
Partner with County
department stakeholders to
further develop, refine, and
implement a facilities master
plan for the Public Safety
Campus.
Provide further development
and implementation of the
facility asset managemet and
replacement plan.
We are continuing to work with P/F for the long
term planning.
292,600
1st Qtr $21,017,369.
Working closely with the Sherriffs office to
refine EOP
A non-compliant section of sidewalk was
replaced at the Mike Maier Service Building.
Additional projects have been identified and
are planned for Q3.
Work continues on the master plan and
options for implementation are being
developed.
In 01, roof replacement specifications for (3)
projects were developed. One is currently
under way with the others planned for Q2 and
Q3.
Same as first quarter.
Same as first quarter.
2nd Qtr $3,647,943.
Continue working and updating EOP plan
Sidewalk replacement projects are being
identified for Q3 and Q4.
Near-term options are continuing to be
developed. Design services RFP was issued
for the Stabilization Center in Q2.
Exterior painting of the DCDC (Annex) was
completed in Q2. Roof replacement, siding
repair, and exterior painting were completed at
the North County Services Building (Health
Services/Antler) in Q2. Roof replacement
specifications are being completed for Health
Services -Courtney and the Deschutes County
Downtown Clinic (Annex). Projects are
expected to be undertaken in Q3 and Q4.
Continue working with PF on long range
planning.
Will remain the same thru end of FY.
3rd Qtr - $11,453,102.
Continuing to update EOP with Sheriffs Dept
Sidewalk replacement and repair projects at
various locations including the Mike Maier
Services Building, DCDC(Annex), and Juvenile
Detention were identified and are scheduled
for replacement in Q4.
Stabilization Center design contract awarded
and schematic design completed. Adult
Parole & Probation/Work Center design
services selection is underway along with
development of the land use application for
public safety campus projects.
Roof replacement projects at the Facilities/IT
(Warehouse and the DCDC (Annex) were bid
out. Contracts are being awarded in Q4 with
expected completion in July of 2019.
Developed exterior painting specifications for
the Deschutes Services Building with bidding
expected to take place in Q4. Health Services-
-Courtney roof replacement as been re-
scheduled to FY 2020 in order to coincide with
a planned HVAC system replacement.
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Finance
Finance
Fair & Expo
Fair & Expo
/
0
Service Delivery
Service Delivery
Service Delivery
Service Delivery
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Ensure quality service
delivery through the use of
innovative technology and
systems.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Support and promote
Deschutes County Customer
Service "Every Time"
standards.
Preserve and enhance
,capital assets and strengthen
fiscal security.
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Complete the implementation
of room tax automation by
June 30, 2019.
Complete the HR/Payroll
software implementation by
January, 2019
Achieve 90 percent customer
satisfaction (or greater)
Increase business with use
of TRT funding and
development of overall
strategic marketing plan.
For period 4/1/18.6/30/18: 23/31 = 74.2%.
Hiring freeze resulted in lack of staffing on
crisis team to devote attention to this metric.
During that period, same-day billable visits
(provided on the day of discharge, which is the
most efficient way our crisis team usually
fulfills this) stopped being counted as falling
within the 7 -day target period. CCO has now
resumed counting date of discharge, so we
expect to see this metric improve.
1) Emergent/Urgent: 53/53 = 100%.
2) Routine: 529/536 = 98.7%.
The Finance department has signed a contract
with Tyler Technologies for their MUNIS
,Business License module and the MUNIS
!Citizens Self Service module. These will allow
our staff to maintain a database of lodging
providers and allow providers to make their
monthly payments of room taxes on-line. The
project is expected to begin in early December
and will be completed by June 2019.
The project continues to move forward towards
the January 2019 go -live target. Payroll and
HR staff continue to work together with staff
from IT to solve implementation issues and to
test parallel payroll runs between our current
system and our new MUNIS system. We are
currently on track or our go -live target.
100% satisfaction.
Utilized TRT funding to complete feasibility
study for expansion/enhancement to
conference centers.
For period 7/1/18-9/30/18: 32/42 = 76.2%.
From May to August we did not have anyone
in the Clinical Case Manager role (the person
responsible for this metric) due to the hiring
freeze. Once we were able to fill that position,
there were several months of training
necessary to learn the role. Our back up to this
position was on leave during that time.
Simultaneously, St. Charles lost their
discharge planner which affected coordination.
1) Emergent/Urgent: 54/54 = 100 %
2) Routine: 312/537 = 58.1%.
The Access team was down 2 full-time
clinicians as of September 2018. 1 FTE was
refilled on December 2nd but the other position
was not allowed to be posted until January
2019. So we were essentially down 2 FTE for
3+ months. We utilized some support from
other teams and on call staff but it was not
enough to manage the volume, especially
since other teams were also short staff due to
the hiring freeze.
The Finance department has signed a contract
with Tyler Technologies for their MONIS
Business License module and the MUNIS
Citizens Self Service module. These will allow
our staff to maintain a database of lodging
providers and allow providers to make their
monthly payments of room taxes on-line. The
project is scheduled to begin in January 2019
and will be completed by June 2019.
The project continues to move forward towards
the January 2019 go -live target. Payroll and
HR staff continue to work together with staff
from IT to solve implementation issues and to
test parallel payroll runs between our current
system and our new MUNIS system. Our final
payroll from our H -T -E payroll system was
completed on December 31, 2018. We will
begin using the new payroll system for all
payroll checks for January 2019.
100% satisfaction.
Hired architect for next steps.
For period 10/1/18-12/31/18: 12/20=60%.
This metric was affected again by the team
being short-staffed/in training and by the
vacancy of the St. Charles discharge planner.
When there are out -of -area admissions, we
are often not notified and have no control over
discharge plan and follow-up (2 of the 12 this
quarter). Another 2 of the 12 were affected by
a discharge plan originally scheduled during
the workweek but rescheduled to a weekend
without notification.
1) Emergent/Urgent: 39/39=100%
2) Routine: 433/438=98.9%
!The Finance department signed a contract
,with Tyler Technologies for their MUNIS
,Business License module and the MUNIS
Citizens Self Service module. These functions
will allow our staff to maintain a database of
lodging providers and loding tax payments and
allow providers to make their monthly
payments of room taxes on-line. The project
began in January 2019 and is expected to be
completed by June 30, 2019.
The project went live on January 1, 2019 as
expected. We have now processed three
payrolls using the new Payroll system. Our
staff and staff in departments continue to
refine the processes and expand their
understanding of how the new system works.
Work will continue to refine processes and
streamline the payroll function to enhance the
performance of the system.
100% satisfaction.
Architect will comple by end of April, target to
present to BOCC by Mid - May.
Information Technology
Human Resources
Human Resources
Human Resources
Human Resources
Health Services
Health Services
Health Services
Health Services
Service Delivery
Service Delivery
Service Delivery
Service Delivery
Service Delivery
co1
coo -
0
0
i
Healthy People
Healthy People
Safe Communities
Provide solution -oriented
service that is cost-effective
and efficient
Provide solution -oriented
service that is cost-effective
and efficient
Provide solution -oriented
service that is cost-effective
and efficient
Preserve and enhance
capital assets and strengthen
fiscal security.
Ensure quality service
delivery through the use of
innovative technology and
systems.
Support and advance the
health and safety of
Deschutes County's
residents.
Support and advance the
health and safety of
Deschutes County's
residents.
Support and advance the
health and safety of
Deschutes County's
residents.
Reduce crime and recidivism
through prevention,
intervention, supervision and
enforcement.
Complete the implementation
of the Human Resources and
Payroll portions of the
financial systems software
update.
Complete phase II of
Classification and
Compensation project.
Percent of job descriptions
completed.
Provide trainings on HR
policies/procedures and
leadership program.
Percentage of supervisors
and managers completing
the program.
Manage health insurance
claim cost per employee.
Maintain claims increase at
or below market trend.
Partner with stakeholders to
complete migration of new
HR system. Percent
complete: 60%.
90% of the pregnant women
in Central Oregon receive
prenatal care beginning in
their first trimester.
----------
Reduce outbreaks and
foodborne illness by
inspecting a minimum of
95% of licensed facilities
(e.g. restaurants,
pools/spas/hotels, etc.) per
state requirements.
Reduce outbreaks and
spread of disease by
completing 95% of
communicable disease
investigations within 10 days,
as defined by the Oregon
Health Authority.
Report semi-annually on
forensic diversion program
including number of clients
served and recidivism rates.
HR/Payroll systems are planned to go -live
January 2019. Progress thus far indicates the
go -live will happen as planned.
Job descriptions finalized: 0%
Job descriptions in draft: 80%
% of DC Leadership who have completed:
• Essential Leader Series (17.4%)
• Supervisor Tool Chest (13.1%)
• Both (6.25%)
2018 Plan Year is running at -5% over prior
year per employee per month. General Market,
Trend for Health Costs are 7%.
Migration to the new HR system is 75%
complete.
This is an annual measure; next report will be
due for period 7/1/18-6/30/19.
This is an annual measure; next report will be
due for period 1/1/18-12/31/18.
This is an annual measure; next report will be
due for period 1/1/18-12/31/18.
Clients served=62
Reduction in recidivism rates=68%
No change since last report. HR is
"technically" live on the new software. Payroll
will be process on the new system at the end
of January.
Job descriptions finalized: 0%
Job descriptions in draft: 80%
No update since 01.
No update since 01.
Migration to the new HR system is 85%
complete. Building out functionality in a few
modules and historical data migration are to
be completed this year.
This is an annual measure; next report will be
due for period 7/1/18-6/30/19.
For period 7/1/18-12/31/18: 97% of required
foodservice inspections were performed.
For period 1/1/18-12/31/18: 97.8%. This is
compared to a statewide average of 68.9%.
Clients served=53
Reduction in recidivism rates=68%
No new update from 02.
Job descriptions finalized: 10%
Job descriptions in draft: 80%
% of DC Leadership who have completed:
• Essential Leader.Series (19.7%)
• Supervisor Tool Chest (15.7%)
• Both (6.7%)
2019 Plan Year is running at 7.9% over prior
year per employee per month. This is due to a
relatively low claims year in 2018. The 4 year
average is running at 3.4% annual increase
per employee per month. General Market
Trend for Health Costs are 7%.
Migration to the new HR system is 90%
complete. Continuing to build out functionality
in a few modules and historical data
migration to be completed this year.
This is an annual measure; next report will be
due for period 7/1/18-6/30/19.
This is an annual measure; next report will be
due for period 1/1/19-12/31/19.
This is an annual measure; next report will be
due for period 1/1/19-12/31/19.
Final numbers will be available 45 days after
quarter end.
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Service Delivery
Ensure quality service
delivery through the use of
innovative technology and
systems.
Collaborate with partners to
prepare for and respond to
emergencies and disasters.
Provide safe and secure
communities through
coordinated public safety
services.
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Provide solution -oriented
service that is cost-effective
and efficient
Increase department
capacity by achieving 100%
electronic case file
creation/maintenance.
Provide comprehensive, real
time legal advice, support
and direction to county
departments engaged in
emergency management
operations
*Rate of collections on fines.
Enforcing payment of fines
and fees holds defendants
accountable and promotes
compliance with traffic laws.
Timely collection and
distribution of fines and fees
supports law enforcement
programs and court
functions.
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Upgrade up to fifty percent
up to fifty percent of the
county phone system.
Remainder to be completed
in fiscal 2020.
ALL case files (100%) are now created and
maintained in Legal Files case management
system. This saves time and increases
efficiencies.
Legal is available at all times to assist Sgt.
Garibay and DCSO Emergency Management
staff both with preparation and review of
emergency manuals and, in the case of an
actual event, providing real time legal advice &
support.
$300,641 in new receivables entered 1st Qtr
2019. $229,940 payments received. Rate of
collections 76%:
186 small claim cases filed 1st Qtr 2019. 13
of these set for trial. Resolution rate 93%.
Work on security program development will
commence Q3 of fiscal 2019.
Deployment planning and testing of the
replacement phone system's configuration is
on going. First live deployments of phones to
department are planned for Q2 of fiscal 2019.
Historic S:drive system is now only utilized to
store discovery documents.
Legal Counsel has real time access to all
emergency documents and forms including
quarantine materials and can essentially
respond 24/7 to any emergency event
$263,002 in new receivables entered 2nd Qtr
2019. $227,724 payments received. Rate of
collections 87%.
213 small claim cases filed 2nd Qtr 2019. 8 of
these set for trial. Resolution rate 93%
•
Program development begins in February of
2019.
As of the end of Q2, all phone in the Mike
Maier building and Communicty Development
have been replaced. The next departments to
get the new phones are the Clerk,
Administration, HR and Legal.
Staff continues to transition from paper -
intensive work product to electronic work
product.
Same as Q2, no change.
$336,032 in new receivables entered in 3rd Qtr
2019. $248,660 payments received. Rate of
collections 74%.
153 small claim cases filed 3rd Qtr 2019. 9 of
these cases set for trial. Resolution rate 94%.
Work has begun on cybersecurity program
development. IT will enlist the assistance of a
qualified vendor to assist in program
development. Internally, IT staff has been
researching program development
requirements and gathering necessary
documentation. Our goal by the end of the
fiscal year is to have a GAP analysis complete
with an "as -is" NIST Framework compatible
documentation on which a "to -be"
documentation can be built. The "to -be"
documentation development is to be
completed by Q2 fiscal 2020. This
documentation will be used as a guide for
decisions regarding future actions to improve
the county cybersecurity posture.
Switching the primary reseller on the phone
systems delayed implementaiton. Switching
vendors has been accomplished. Phone
deploymnet has resumed. By the end of Q3,
HR, Administration, Risk and Legal should
have had their phones replaced.
Solid Waste
Sheriffs Office
Sheriffs Office
Sheriffs Office
co
\
2
Road Department
Road Department
Road Department
Road Department
Healthy People
Safe Communities
Safe Communities
Service Delivery
0
|
IT
Service Delivery
Economic Vitality
Economic Vitality
Economic Vitality
Help to sustain natural
resources in balance with
other community needs.
Provide safe and secure
communities through
coordinated public safety
services.
Provide safe and secure
communities through
coordinated public safety
services.
Preserve and enhance
capital assets and strengthen
fiscal security.
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Preserve and enhance
capital assets and strengthen
fiscal security.
Maintain a safe, efficient and
sustainable transportation
system.
Maintain a safe, efficient and
sustainable transportation
system.
Maintain a safe, efficient and
sustainable transportation
system.
Increase in tons of
recyclables collected by solid
waste service providers
2017 - 60,388 tons
Initiate 42,000 patrol calls for
service.
FY 2018 to Date: 29,251
FY 2019 Target: 42,000
Respond to 37,000 patrol
calls for service.
FY 2018 To Date: 24,566
FY 2019 Target: 37,000
Replace 10 existing HVAC
units in the older section of
the jail.
FY 2018 to Date: 9
FY 2019 Target:10
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Provide a maintenance
treatment or resurface 14.0%
of the County's road
pavement asset.
PCI Sustainability Ratio at
100%. (Reports the ratio of
pavement maintenance
investment divided by
systems needs per the
Pavement Management
Program.)
Sustain the Pavement
Condition Index at 81.
Achieve 96% of roads rated
good or better (Pavement
Condition Index above 70).
Data on tons recycled provided by DEQ which
has not issued its report yet
Initiated 7,968 calls for service
Responded to 10,157 calls for service
Replaced 2 HVAC units in the first Quarter
Four significant Q1 activities:
Two incidents involving multi -agency
coordination
- Cloverdale Fire
-Tepee Fire
Two Readiness Fairs
Annual measurement which will be recorded in
a future quarter.
Annual measurement which will be recorded in
a future quarter.
Annual measurement which will be recorded in
a future quarter.
Annual measurement which will be recorded in
a future quarter.
Data will be collected on March 1.
Initiated 7,191 calls for service
Responded to 7,893 calls for service
Replaced 4 HVAC units in the first Quarter
Four significant Q2 activities:
Three exercises involving multi -agency
coordination
- Functional EOC Exercise in coordination
with State
- Full Scale Active Threat and School
Reunification in Redmond
- Active Threat Exercise at St. Charles -
Redmond
Public Education and Outreach
- Great Oregon Shakeout Earthquake Drill
To be completed in 03
PCI Sustainability ratio exceeds 100%
3
97.3% of roads rated good or better
No data reported.
No data reported.
No data reported.
No data reported.
No data reported.
No data reported.
No data reported.
No data reported.
No data reported.
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 BOCC Tuesday Meeting of May 21, 2019
DATE: May 13, 2019
FROM: Wayne Lowry, Finance, 541-388-6559
TITLE OF AGENDA ITEM:
April 2019 Treasurers Report and Financial Reports
RECOMMENDATION & ACTION REQUESTED:
Discussion of April 2019 Treasurers Report and Financial Reports
BACKGROUND AND POLICY IMPLICATIONS:
Discussion of April 2019 Reports
FISCAL IMPLICATIONS: N/A
ATTENDANCE: Wayne Lowry, Finance Director/Treasurer
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Doschutos County Inveatmonts
Portfolio Managomonl
Portfolio /Mello • Invooimonlo
April 30, 2010
Parch*** Maturity Days To Ratings Coupon Par
CUSIP Sonority 8rokor Dote Dine Maturity Moody* S&P/Fitch Rate YTM 305 Value
Markel
Value
Book Cell
Value Coto
90520EAF8
90520EAF8
06406HBM0
3133EGAV7
62889KAD3
250351E-27
938429866
912828XV7
914120592
76116EFU9
313731501
912828WW6
130340202
MUFG Union Bank CASTLE 12/612017,
IMUFG Union Bank CASTLE 6/6/2018
Bank of New York Mellon Corp CASTLE 11110/2017
'Federal Farm Credit Bank CASTLE 311/2018
National Credit Union Assoc CASTLE 3/29/2018
,Deschutes County Ore Sch Dist P3 8/16/2016
Washington County SD Municipal P,1 5/11/2017
U.S. Treasury
PJ 11/27/2018
Unlversily 01 California CASTLE 11/29/2018
RFSCP STRIP PRIN CASTLE 11/30/2018
Federal Home Loan Mtg Corp CASTLE 7/20/2016
U.S. Treasury DA DAV 11/27/2018
CALIFORNIA ST HOUSING FINAN CASTLE 11/2/2017
313500N33 Federal National Mtg Assn CAS1 LE 8/18/2018
891140836 Toronto Dominion Bank CASTLE 21522018
812//33KW9 U.S Treasury CASTLE 5/24/2018
9128281.37 U.S Treasury CASTLE 3/21/2018
708189686 SAN JOSE EVERGREEN COMM(' 03 6/5/2018
06408HCW 7 Bank of New York Mellon Corp CASTLE 11/312010
88069E404 Tennessee Valley Authority CASTLE 5/2/2018
481251.1309 3PMorgon Chase - Corporate N CASTLE 6/28/2017
48125LRJ3 JPMorgap Chase.- Corporate N CASTLE 4/10/2017,
317705566 FICO Strip CASTLE 12/20/2018
313506RC5 Federal National Mfg Assn CASTLE 12/4/2015
313586RC5 Federal National Mtg Assn CASTLE 3/17/2016
313586RC5 Federal National Mtg Assn CASTLE 8/8/2016
313586RC5 Federal National Mfg Assn CASTLE 1112272017
76116FAA5 RFSCP STRIP PRIN CASTLE 9/21/2017
76116F555 RFSCP STRIP PRIN CASTLE 7/19/2018
76116FAA5 RFSCP STRIP PRIN CASTLE 9/12/2018
313500831/ Federal National Nag Assn CASTLE 11/10/2016 10/24/2019
903310M44 US Bancorp !CASTLE 11/19/2018 10/28/2019
912828E62 US. Treasury sCASTLE 10/11/2016 10/31/2019
961214080 Westpac CASTLE 8130/2017 11119/2.019
867658952 NORTHWEST NATURAL CASTLE 4/25/2019 12/9/2019
912828099 U.S. 'Treasury 'PJ 1/18+2018 12/31/2019
548083517 Wens Fargo Corporalo NoteCASTLE 1/23/2018 1/15/2020
3137E56E5 Federal Home Loan Mtg Corp CASTLE 12/19/2018 1/17/2020
313500578 Federal National Mtg Assn PJ 12121/2018 1/21/2020
3130ACRP1 Federal Home Loan Bank R W 8 12/21/2018 2/7/2020
594918AY0 .Microsoft Corp CASTLE 8/8/2016 2/12/2020
3133EJ000 Federal Farm Credit Bank CASTLE 3/12/2018 2120/2020.
89236TCF0 Toyota Mfr Cred -Corp N CASTLE 12/12/2018 3/12/2020
880591 EVO Tennessee Valley Authority CASTLE 4/25/2019 3/15/202D
912828384 U,S Treasury DA DAV 9/28/2010. 3/31/2.02.0
13063CSO4 Caldornia Sl 'VINISR 9/21/2017 411/2020
06051.GFN4 Bank of America Corp CASTLE 4/10/2019 4/21/2020
3137E5E/07 Federal Horne Loan Nag Corp CASTLE 4/19/2018 4/23/2020
537833859 Apple Inc ,CASTLE 1/15/2019 5/6/2020
981214CP6 ,Westpac CASTLE 8/21/2018 5/26/2020
313409NK4 Federal Home Loan Ml9 Corp 'CASTLE 7/13/2017 5/20/2020
736688002 Portland Community College PJ 11/27/2018 6/1/2020
740189AL0 Precision Castparts Corp CASTLE 2/19/2019 6/15/2020
686053CK3 Oregon School Boards Assoc CASTLE 3/1512017 6/311/2020
5692033/87 Salem-Keizer School District :CASTLE 7/26/2017 6130/7020
6860530019 Oregon School Boards Assoc DA DAV 11/2/2015, 6/30/202.0
680053009 Oregon School Boards Assoc ,CASTLE 6124/2016 6/30/2020
940748GM6 Walls Fargo Corporate Note ' PJ 1110/2017 7/22/2020
94974130M6 Woes Fargo Corporate Note ,CASTLE 2122/2011) 7/22/2020
313604PC1 Federal National Mfg Assn MORETN 12/13/2018 7/24/2020
- , 7/24/2020
313004NP4 Federal National Mtg Assn -NORETN 12!9371.018
90331HNW9 U5 Bank- Corp Note CASTLE 12/18/2018 7/24/2020.
313055777 Federal Home Loan Bank '.MORETN 12/21/2018: 7/29/2020
912828493 U. S- Treasury . MORETN 9728/2018, 8/31/2020
053015505 .AUTOMATIC DATA CASTLE 2/26/2018 9/15/2020_
912820L65 U.S Treasury ;CASTLE 9/17/2018. 9/30/2020
940093825 Washington Una. Higher Ed 03 1/19/2017 10/1/2020
4590511737 International Bonds for Recons CASTLE 2/9/2018 10/5/2020
45905U7J7 International Bonds for Recons CASTLE 10/26/2018 10/5/2020
76116E5E7 RFSCP STRIP PRIN CAST LE 10/4/2018 10/15/2020
4022440V7 3/610 Community College CASTLE 11115/2016, 11/1/2020
5445B7C30 LOS ANGELES MUNI IMP CASTLE 2/11/2019 11/1/2020
3130AF/371 Federal Home Loan Bank CASTLE 11/15/2018 1112/2020
313400056 Federal Home L05011,09 Corp CASTLE 12/13/2017 11/24/2020
313408383 Federal Home Loan Mist Corp CASTLE 12/27/2017 2/17/2021
89236TEV3 Toyota Mir Cred - Corp N CASTLE 1/9/2019 4/13/2021
313004NN9 Federal National Mtg Assn CASTLE 10/1812017, 5124/2021
3195/14CM8 Pacific Corp CASTLE 11/29/2018 6/15/2021
695114CM8 Pacific Corp CASTLE 12/6/2018 6/15/2021
695114CM/1 Pacific Corp CASTLE 2/22/2019 6/15/2021 776 Al
3134GSK79 369018) Home Loan Mtg Corp MAKIN 12/28/2018 6/28/2021 789 Aaa
000511E4103 Tennessee Valley Authority CASTLE 4/18/2019 9/15/2021 868
3133EKDV5 Federal Farm Credit Bank CASTLE 3/21/2019, 0/2112021 874 Aaa
31340SN68 Federal Home Loan Mt9 Corp R W13 12/21/2016 9/21/2021 874 Aaa
45905UC36 International Bonds for Recons CASTLE 7/16/2018, 9/2812021 881 Aaa
695114CP1 Pacific Corp CASTLE 9/25/2018, 211/2022 1007,51
680053601 01e9on School Boards Assoc MORETN 9114/2018 6/3(1/2022; 1156 Aa2
SYS10078 Local Govt Investment Pool 7/1/2000 - • 1
59519084 Feat Interstate _ 7/1/2.000. - - 1,
6/6/2019,
5/6/2019
5/15/2019,
5/17/2019
6/12/2019
6/15/2019
6/15/2019
6/30/2019
7/172019
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7/10/2019
7/31/2019
8/1/2019
8/2/2019
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8/15/2019
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0/15/2019
9/23/2019
9/2372019
9/2612019
10/9/2019
10/9/2019
10/9/2019
10/9/2010
10/15/2019
10/15/2019
10/15/2019
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180 Al 5A-
183 Aaa AA+
202 Aa3 AA -
222 Al AA -
244 Aaa
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261 500 AA.
265 Aan 5A+
282 Aaa AA+
287Aaa AAA
295 Ana AA.
316 Aa3 AA -
319 Aaa
335 Aaa AA+
336 Aa3 AA -
356 A2 A-
358 580 AA+
371 Aat AA+
391 Aa3 AA -
394 Aaa AA+
397 531 AA+
411 A2
426 Aa2 A.
426 Aa2
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426 Aa2 -AA
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488 Aaa AA,
503,593 <AA
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1.665
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1.499
2.506
2.560
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1.500
4.875
7.630
1.625
2.400
1.500
1.625
1.680,
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2.150
2.150
2 250
1.375
1.800
2.250
2.500
2.800
2.300
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1.800
2-831
1.830
2.625
2.250
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2.000
2.000
2.764
2.893
3.146
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2.250
2.500
2.877
2.000
3.850
3.850
3.850
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2 373
2.640
3.030
2.000
2.950
5.490
2,750
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2.185 1,352,000 1,351,919. 1,352,000 - -
2,650 1648.000 1,647,901 1,647,910 - •
1.950 1.000,000 1,001,030 1.001,335 •
2.270 2,000,00(1 1998840 1,090692 - •
2.301 1,240,000 1,240.434 1,240,966
1 360 245,000 244,629 245,000 -
1.488 400,000 390,572 400,000 • -
2.567. 3,000,000 2,994,000 2,993,553 -
2.774 1,500,000, 1,498,105. 1,497,589. -
2.768 3,000,000 2.985,450 2,983,407 • •
0.957 1,000,000 986,550 999,825 • -
2.610 3,000,000 2,993,910 2.992,688 - •
1.850 1.070,000 1,070,000 1,070,0(10 1,070,265 • •
1.000 1600,000 995,900 899,089 - -
2.360 5600,000' 4,984,550 4,087,408 - -
2.494 2,000,000, 1,986,300 1,985,988 - •
2.250 2,000,000, 2,006,560 2,007,028 • •
2.659. 500,000 499,805 500,000 - -
1 532 1,675,000 1,1573,459. 1,678,585 8711/2019
2.555 1,020,000 1,010,555 1,010,598 • •
1.840 1,300,000. 1,205,017 1,299,218 8/23/2019
2.309, 3,000,000 3,004.830 3,003,602 • -
2.709 2,800,000 2,868460 2,865,210 -
2.031 1,400,000 1,384,642 1,388,160 • -
1..774 600,000 593,418 595.532. -
1.318.. 400,000 395.612 397,760 - -
2.030: 3,600,0001 3,500,5081 3,568,958 • -
1572 1,000,000 989,170 993,048 • •
2.636 1,000,000 989.170 988.373 - -
2.688 2,000,000 1,978,340 1,976,251 • •
1.173 2600,000_ 1,986,240 1,998,374
3050 1,600,000 1.595,632 1,592,873 9/28/2019
1.008 2,000,000 1,990,620 2,004,847
1.826 2,000,000 2,023,280 2,032,711
2.798 2,000,000 2,052,900 2,057,575
2.000 2600,000 1,908.760 1,905.106 -
2.444, 3,000,000 2,994,240 2,999,101 - -
2.770 1,500,006 1490,535 1,486,730 -
2.665 2,000,000 1,988,460 1,985,279 -
2.682 2,000,000 1,988,440 1.984.949 •
1298 1,000,000 995,230. 1604,202 1/12/2020
2.360. 925,000 823,400 , 925,000 -
3-301 2,000,000 1,994.960 1,980.049 - -
2.474 3,000,000 2,994,030 2,994,204 • 2.760 2,050,000 1,981,180 1,975,283 -
1.800 780,000 775,671 780,000 • -
2.674 1,500,000 1,494,075 1493,939 - -
2.511 2,000,000 2,001,880 1,999,786 - •
2666 2,000,000 2,005,040 2,003,578 -
3.015 1,009,000 996,180 992,597 - -
1.671 3,000.000 2,976,420 2,099,838 5/20/2019
3.126 516,000 518,703, 515.000 -
2.800 1,000,000 996,600 993,965 5/15/2020
21491 1,000,000. 969,640' 975,927 -
1.778' 2,310,900, 2,299,509 2,318.522 - -
2.050 875,000 904,549 907,111 - -
1.570_. 500,000 516,885 521,366 - -
2.350 1,000,000 997,880 1,002,923 -
2.940 1,000,800 997,880 995,936 - •
2.820 1,2'75,000 . 1,263,997 1,258,687. 7/24/2019
2.820 1,000,000 , 992,650 987,800. 7/24/2019
3.049 1,500,000 1,503,070 1,497,251 6/24/2020
2.691 2,000,000 1,986,320 1,979,150 -
2.818 2,000,000 2,007,120 1,995,011 -
2.570,2,7111,000. 2.701,436,
2,698,535 8/1512020
2.751 2,000,000 1,973,440 1.962,334
1.970 400,000 418.300. 421,533 -
2.471 2,000,000 1,982,620 , 1,982,365 -
3.072 820,000 812,874 806,946 - -
2,951 2.445,000 2,360,745 2,344,943 - -
1.800 500,000 502,715 507,877 - -
2.872 2,310,000 2,332,037, 2,319,134 - -
3.049 3,000,000 3,000,000 3,000,000 5/2/2010
2.172 3,000,000 2,992,950, 3,000,000 - -
1,015 2,000,0001,998,700 1,099,188 21177202.0
3.140 2,000,000. 2,004,580, 1,989,347 - -
2000 1,080,050 1.068,250, 1,080.000 5/24/2019
3.350 1,170,000 1,194,535 1,181,788 3/16/2021
3.351 030,000 847,405 838,357 3115/2021
2.850 2,000,000 2,041,940 2,036,503 3/15/2021
3.030 3.000,000 3,001,740 3600,000 6/20/2019
2.036 1,020,000 960,177 961,632 • -
2.640 3,000,000 3,000,2102,999,570 6/21/2019
3.031 2,090,000 2,000.940, 2,000,000 6/21/2019
2.967 2,000,000 1,941,4001,955,897 - •
3.320 700600 705,603, 693,294 11/1/2021
3.120 925,000 1,010,003. 989,618 - -
2.750 49,273,286 49,273,286 49,273,286 • -
2.750 4,698,784 4,698,784 4,698,7E4 • -
200,912,070 200,656,531 200,646.062
•
•
Countywide Summary
All Departments
Activity thru April of Fiscal Year 2019
RESOURCES
001 - General Fund
030 - Community Justice
160/170 - TRT
220 - Justice Court
255 - Sheriffs Office
274 - Health Services
295 - CDD
325 - Road
355 - Adult P&P
465 - Road CIP
610 - Solid Waste
615 - Fair & Expo
618 - RV Park
670 - Risk Management
675 - Health Benefits
705 - 911
999 - Other
TOTAL RESOURCES
REQUIREMENTS
001 - General Fund
030 - Community Justice
160/170 - TRT
220 - Justice Court
255 - Sheriffs Office
274 - Health Services
295 - CDD
325 - Road
355 - Adult P&P
465 - Road CIP
83.3%
Year Complete
Fiscal Year 2018
Fiscal Year 2019
Budget
Actuals
Ok
Budget
Actuals
%
•
32,265,615
682,536
6,737,000
531,500
36,864,968
34,573,521
7,338,533
19,877,279
5,421,974
125,000
10,657,799
2,097,570
407,198
3,371,531
21,585,803
9,753,844
26,153,016
33,769,079
837,648
6,988,489
575,882
37,936,659
38,363,991
7,776,653
20,528,351
6,042,821
120,460
11,089,132
1,748,860
479,897
3,701,647
22,015,955
9,882,966
28,876,425
105%
123%
104%
108%
103%
111%;
106%'
103%
111%;
96%
104%
83%
118%'
110%;
102%
101%;
110%'
33,938,668
786,286
7,282,600
552,000
39,225,869
35,444,454
8,153,746
22,876,423
6,360,818
959,104
11,868,613
1,499,100
358,600
3,569,944
21,411,563
10,260,013
36,330,641
32,624,933
621,808
6,739,586
501,430
38,272,342
28,429,059
6,378,530
18,753,786
6,361,061
199,589
9,282,275
1,273,810
346,253
2,899,743
18,732,431
9,568,486
32,185,794
96%
79%
93%
91%
98%
80%
78%
82%
100%
21%
78%
85%
97%
81%
87%
93%
89%
218,444,687 230,734,916 106%; 240,878,442 213,170,917 88%
Projection
Ok
34,084,012
816,423
7,514,550
601,715
39,718,438
37,617,523
7,966,572
23,163,970
6,425,518
335,000
11,429,417
1,477,874
465,421
3,630,514
22,452,218
10,391,799
36,198,859
100%
104%
103%
109%
101%
106%
98%
101%
101%
35%
96%
99% ;
130% ;
102% ;
105% ;
101% ;
100%
244,289,824 101%
Fiscal Year 2018
Fiscal Year 2019
Budget
Actuals
Budget
Actuals
15,986,747
6,512,859
3,315,354
628,863
40,755,403
43,292,551
7,032,569
20,105,847
6,299,725
3,395,701
15,378,686
6,375,507
2,915,584
600,334
39,361,408
41,383,026
6,252,475
12,990,350
5,807,233
2,933,626
96%
98% ;
88%
95%
97%
96%
89%
65%
92%
86%
17,410,029
7,040,903
2,335,678
658,081
42,853,022
44,974,364
7,726,157
14,689,753
6,505,128
8,309,501
13,551,835
5,491,851
1,846,800
543,671
33,751,293
33,452,828
6,094,175
8,801,963
5,061,171
4,490,387
78%
78%
79%
83%
79% ;
74%
79%
60%
78%
54% '
Projection
Ok
16,895,627 97%
6,770,465 96% ;
2,199,705 94%
653,102 99% ;
41,921,643 98%
43,222,928 96% ;
7,405,504 96% ;
12,982,127 88% ;
6,176,448 95% ;
7,811,316 94% ;
NOTE: Groupings between the Department Summary and their respective reports can differ due; however, ending fund balance
will agree between the reports.
1
Countywide Summary
All Departments
Activity thru April of Fiscal Year 2019
83.3%
Year Complete
610 - Solid Waste 8,123,785 7,807,819 96% : 8,310,720 5,482,582 66% ; 8,062,938 97% ;
615 - Fair & Expo 2,481,387 2,533,077 102%: 2,688,885 2,312,705 86% ; 2,616,027 97% ;
618 - RV Park 539,644 488,463 91% : 521,971 378,756 73% ; ; 521,971 100% :
670 - Risk Management 2,766,326 2,477,933 90% , 3,858,097 2,197,916 57% : 3,739,699 97% ;
675 - Health Benefits : 22,398,292 22,323,217 100%: 23,144,255 16,062,585 69% ; 21,319,061 92%
705 - 911 12,328,643 11,877,430 96% : 13,379,064 8,748,875 65% ; 11,117,061 83% ;
999 - Other 45,475,827 37,887,487 83% ; 46,636,762 29,836,048 64% ; , 46,191,187 99% ;
TOTAL REQUIREMENTS; 241,439,523 219,393,653 91% ; 251,042,371 178,105,441 71% ; ; 239,606,809 95% ;
Fiscal Year 2018 Fiscal Year 2019
TRANSFERS Budget
001 - General Fund
030 - Community Justice
160/170 - TRT
220 - Justice Court
255 - Sheriff's Office
274 - Health Services
295 - CDD
325 - Road
355 - Adult P&P
465 - Road CIF
610 - Solid Waste
615 - Fair & Expo
618 -RV Park
670 - Risk Management
705 - 911
999 - Other
TOTAL TRANSFERS
Actuals
Budget
Actuals
(17,331,380)
5,528,643
(3,423,509)
70,000
2,879,521
4,093,873
(926,888)
(6,000,000)
407,189
5,275,400
(2,580,000)
580,918
160,000
(1,000)
Projection
(17,361,807) 100% (18,077,559) (14,634,065) 81% ; (18,114,616) 100%
5,528,643 100% , 5,744,015 4,793,932 83% ; 5,744,015 100%
(3,423,509) 100% ; (4,649,866) (3,487,400) 75% ; (4,649,866) 100%
70,000 100% 30,000 25,000 83% ; 30,000 100%
2,879,521 100% 2,981,253 2,638,000 88% ; ; 2,981,253 100%
4,093,873 100% 6,177,535 5,213,339 84% 6,179,235 100%
(1,162,241) 125% (1,152,624) (864,379) 75% ; (1,259,264) 109%
(6,000,000) 100% (14,464,308) (11,348,231) 78% ; (14,464,308) 100%
407,189 100%; 165,189 147,658 89% 165,189 100%
4,578,054 87% ; 13,811,725 9,348,231 68% ; 13,507,292 98%
(2,580,000) 100%; (4,688,023) (3,087,522) 66% ; : (4,705,470) 100%
1,220,994 979,809 80% : 1,147,996 94%
160,000 160,000 100%; 160,000 100%
(3,168) (2,376) 75% ; ; (3,168) 100%
543,196 94%
160,000 100%
(1,000) 100%
- 999%
11,267,233 12,268,080 109% 12,744,837 10,118,004 79%
13,281,712 104%
NOTE: Groupings between the Department Summary and their respective reports can differ due; however, ending fund balance
will agree between the reports.
2
�jt 65
Countywide Summary
Ll� �
""`',"`" All Departments
Activity thru April of Fiscal Year 2019
83.3%
Year Complete
Fiscal Year 2018
1
Fiscal Year 2019
ENDING FUND BALANCE Budget
001 - General Fund
030 - Community Justice
160/170 - TRT
220 - Justice Court
255 - Sheriff's Office
274 - Health Services
295 - CDD
325 - Road
355 - Adult P&P
465 - Road CIP
610 - Solid Waste
615 - Fair & Expo
618 - RV Park
670 - Risk Management
675 - Health Benefits
705-911
999 - Other
TOTAL
Actuals
Budget
Actuals
8,947,488 11, 946, 544 134%
898,320 1,348,881 150%
810,429 1,566,452 193%
57,637 157,990 274%
10,102,086 14,873,445 147%
3,809,316 9,304,552 244%
1,019,462 2,529,615 248%
2,456,021 10,314,842 420%
904,438 2,333,720 258%
8,260,123 9,588,827 116%
569,886 1,938,991 340%
422,101 (60,285) -14%
252,554 443,480 176%
5,501,841 6,582,283 120%
14,187,511 15, 075, 316 106%
7,225,201 8,660,615 120%
46,314,853 58,438,531 126%
Projection
9,341,080 16,385,578 11,020,313 118%
689,399 1,272,769 1,138,855 165%
2,261,401 2,971,838 2,231,431 99%
67,919 140,749 136,603 201% ;
13,191,907 22,032,494 15,651,494 119%
3,850,339 9,494,122 9,878,382 257%
1,478,676 1,949,591 1,831,419 124%
2,416,014 8,918,434 6,032,378 250% ;
2,220,879 3,781,268 ; 2,747,979 124%
14,148,365 14,646,261 15,619,803 110%
600,000 2,651,162 600,000 100%
31,209 (119,370) (50,442) -162%
315,629 570,977 ; 546,930 173%
5,308,679 7,281,735 6,469,930 122%
14,318,894 17,745,162 16,208,473 113%
5,505,949 9,480,226 7,999,499 145%
59,025,233 70,897,191 61,727,916 105%
111,739,267 155,043,801 139%; 134,771,571 190,100,187 159,790,962 119%
NOTE: Groupings between the Department Summary and their respective reports can differ due; however, ending fund balance
will agree between the reports.
3
'Beginning Net Working Capital per FY 2020 Proposed Budget $ 11,090,000'
Revenues
Property Taxes - Current
Property Taxes - Prior
Other General Revenues
Assessor
County Clerk
BOPTA
District Attorney
Tax Office
Veterans
Property Management
Total Revenues
Expenditures
Assessor
County Clerk
BOPTA
District Attomey
Medical Examiner
Tax Office
Veterans
Property Management
Non -Departmental
Total Expenditures
Transfers In
Transfers Out
Total Exp & Transfers
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
General Fund
Schedule of Financial Operating Data
Year to Date July 1,
FY 2018 2018 through April 30,
2019 (83% of the year)
% of
Actual Actual Budget
$ 26,803,012
500,406
3,190, 552
847,520
1,796,418
12,468
226,561
201,617
162,223
99,502
$ 26,925,493
360,399
2,662,061
814,753
1,253,854
12,119
251,511
200,193
127,883
16,667
33,840,279
4,240,703
1,529,074
65,271
6,601,913
158,160
791,044
492,616
253,495
1,259,222
32,624,933
3,759,489
1,322,305
58,575
5,748,633
123,989
645,360
449,419
232,955
1,211,110
15,391,498 13,551,835
224,065
17,420,195 14,858,129
32,811,693 28,185,900
1,028,586
10,917,957
FY 2019
Budget
Projected
Variance
98% a) $ 27,337,385 $ 27,530,754 193,369
370,000 394,000 24000
99% b) 2,685,500 2,785,500 100,000
94% c) 870,658 870,658
70% h) 1,787,270 1,612,270 (175,000)
95% c) 12,700 12,120 (580)
65% 389,782 389,782
101% c) 198,950 202,505 3,555
77% f) 166,423 166,423
14% g) 120,000 120,000 -
96% 33,938,668 34,084,012 145,344
97%
78% d)
71% d)
80% d)
78% d)
72%
74% d)
79% d)
81% d)
86%
78%
69% e)
81%
79%
4,439,034
11,946,543 110%
$ 11,946,543 $ 16,385,577
Expenditures Recap by Budget Category
Personnel 10,617,386
Material & Services 4,606,437
Capital Outlay 167,675
Total by Category
9,506,465
3,989,360
56,010
$ 15,391,498
$ 13,651,836
79%
76%
82%
78%
4,802,452
1,854,397
73,125
7,372,932
173,129
872,020
572,287
287,856
1,401,829
4,665,254
1,801,483
73,004
7,076,053
183,129
846,673
565,892
282,311
1,401,829
137,198
52,915
121
296,878
(10,000)
25,347
6,395
5,547
17,410,029
326,122
18,403,681
16,895,628
289,065
18,403,681
514,401
(37,057)
35,487,588 35,010,244
(1,548,920) (926,232)
10,890,000 11,946,543
$ 9,341,080 $ 11,020,311 $
477,344
622,688
1,056,543
1,679,231
12,089,140
5,252,889
68,000
$ 17,410,029
a) Current year taxes received primarily in November, February and May. TAV came in 0.3% higher than budgeted.
b) PILT payment of $500,000 received in July. Includes $296,958 of Marijuana tax.
c) A & T Grant received quarterly. Q1 - July; 02 - October; Q3 - January; Q4 - April.
d) Savings related to FTE vacancies YTD and forecasted vacancy rates consistent with YTD experience.
e) Repayment to General Fund from Finance for ERP Implementation and Humane Society loan closeout.
f) Oregon Dept of Veteran's Affairs grant reimbursed quarterly.
g) Interfund land -sale management revenue recorded at year-end.
h) Recording fees have been trending at 85% of prior year through March 2019.
4
Revenues
OYA Basic & Diversion
ODE Juvenile Crime Prev
Leases
Inmate/Prisoner Housing
DOC Unif Crime Fee/HB2712
Food Subsidy
Gen Fund -Crime Prevention
Interest on Investments
OJD Court Fac/Sec SB 1065
Contract Payments
Case Supervision Fee
Miscellaneous
Total Revenues
Expenditures
Personnel Services
Materials and Services
Capital Outlay
Total Expenditures
Transfers
Transfers In -General Fund
Transfers Out-Veh Reserve
Total Transfers
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Community Justice- Juvenile
Schedule of Financial Operating Data
FY 2018
Year to Date July 1,
2018 through April
30, 2019 (83% of the
year)
Actual Actual
% of
Budget
FY 2019
Budget
Projected
Variance
$ 417,385 $ 305,407 75% a) $ 407,113
67,130 65,368 72% a) 91,379
86,315 72,905 86% e) 85,000
133,500 64,800 93% b) 70,000
35,220 26,208 75% 35,000
22,206 8,191 44% d) 18,744
20,000 15,000 75% c) 20,000
21,264 25,609 102% 25,000
17,107 22,934 135% b) 17,000
8,075 6,040 75% 8,000
6,087 5,101 73% 7,000
3,359 4,245 207% b) 2,050
$ 407,113 $
91,379 -
86,931 1,931
80,000 10,000
35,000
12,000 (6,744)
20,000 -
35,000 10,000
30,000 13,000
8,000
6,000 (1,000)
5,000 2,950
837,648 621,808 79% 786,286
5,149,243 4,507,007 79% f)
1,226,264 977,279 74% g)
7,566 95% h)
6,375,507 5,491,851 78%
816,423 30,137
5,705,245
1,327,658
8,000
5,476,898
1,286,000
7,566
228,346
41,658
434
7,040,903
6,770,465 270,438
5,597,643 4,859,182 83% 5,831,015
69,000 65,250 75% 87,000
5,831,015
87,000
5,528,643 4,793,932 83% 5,744,015
(9,217) (76,112)
1,358,098 1,348,881 112%
$ 1,348,881 $ 1,272,769
5,744,015
(510,602) (210,027)
1,200,000 1,348,881
$ 689,398 $ 1,138,855 $
•
300,575
148,881
449,456
Beginning Net Working Capital per FY 2020 Proposed Budget
$ 1,090,000
a) Quarterly payments received after reimbursement requested.
b) Projected upward due to year to date revenue received.
c) Quarterly payments.
d) Projected downward due to year to date revenue received.
e) Leases paid month in advance. Increased projection due to short-term lease ending December 2018
f) Projected downward based on detention and community service vacancies experienced to -date.
g) Projected downward due to lower than budgeted offender services expenditures.
h) One-time expense. Projection updated.
5
Sheriff's Office and LEDs
Schedule of Financial Operating Data
Year to Date July 1,
FY 2018 2018 through April 30,
2019 (83% of the year)
Actual
of
Actual Budget
Revenues
LED #1 Countywide
Property Taxes
FY 2019
Budget
Projected
Variance
Current Year $ 22,428,903 $ 24,390,344 98% a) $ 24,792,245 $ 24,922,722 $ 130,477
Prior Year 360,299 279,483 93% 300,000 325,000 25,000
Foreclosed Properties 33,979 - 0% - - -
Interest 157,047 237,600 164% 145,000 240,000 95,000
Total LED #1 Countywide 22,980,228 24,907,427 99% 25,237,245 25,487,722 250,477
LED #2 Rural
Property Taxes
Current Year 10,058,115 9,873,177 98% a) 10,043,598 10,077,740 34,142
Prior Year 163,202 126,065 84% 150,000 146,000 (4,000)
Foreclosed Properties 15,221 - 0% - -
Interest 124,758 159,736 133% 120,000 180,000 60,000
Total LED #2 Rural 10,361,296 10,158,978 99% 10,313,598 10,403,740 90,142
Sheriffs Office Revenues 7,746,923 5,918,369 85% b) 6,929,945 7,081,895 151,950
Total Revenues 41,088,446 40,984,775 96% 42,480,788 42,973,356 492,568
Expenditures
Sheriffs Services
Civil/Special Units
Automotive/Communications
Detective
Patrol
Records
Adult Jail
Court Security
Emergency Services
Special Services
Training
Other Law Enforcement Services
Crisis Stabilization Center
Non -Departmental
Total Expenditures
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
2,604,354 2,385,642 80% 2,997,984 3,072,153 (74,169)
1,364,969 986,791 84% 1,181,695 1,188,216 (6,521)
2,363,693 1,928,458 73% c) 2,644,786 2,606,706 38,080
1,886,714 1,692,906 83% 2,033,077 2,061,896 (28,819)
9,660,880 8,238,373 82% 10,003,953 9,919,557 84,396
793,478 752,420 85% 881,182 930,827 (49,645)
16,858,723 14,195,319 76% d) 18,630,764 18,003,722 627,042
490,186 436,068 79% 551,494 529,949 21,545
388,607 276,900 84% 328,581 332,820 (4,239)
1,570,443 1,170,132 77% e) 1,520,623 1,432,964 87,659
693,517 723,952 108% f) 667,647 862,929 (195,282)
834,610 876,819 86% 1,017,266 1,063,191 (45,925)
71,424 55,007 10% g) 559,308 82,050 477,258
52,077 106,941 99% h) 108,329 108,329 -
39,633,673 33,826,726 78% 43,126,689 42,195,309 931,380
1,454,773 7,159,049 (645,901) 778,047 1,423,948
13,418,672 14,873,445 107% 13,837,807 14,873,445 1,035,638
$ 14,873,445 $ 22,032,494 $ 13,191,906 $ 15,651,492 $ 2,459,586
'Beginning Net Working Capital per FY 2020 Proposed Budget S 14,716,999'
a) TAV came in 0.3% higher than budgeted for LED #1 and 0.2% for LED #2.
b) Prisoner Housing (SB 395) projected to exceed budget.
c) New Vehicle build -outs will occur in Q4
d) Significant savings from vacant FTE, partially offset by higher overtime costs.
e) Savings from lower OT and extra help.
f) Firearms and Ammunition purchases occur at the beginning of the year, plus high OT from new training.
g) Spending for this project is anticipated to occur in FY20 instead of FY19.
h) Includes annual transfers from Fund 701/702 to Fund 256 for Equipment Reserve.
NOTE: Personnel savings are reflected assuming current vacancy rates experienced will be maintained throughout the year.
6
$ 9,881,563'
Revenues
State Grants
CCBHC Grants
OHP Capitation
Environmental Health Fees
Federal Grants
Patient Fees (including State)
Local Grants
Title 19
State Miscellaneous
Liquor Revenue
Divorce Filing Fees
Interfund Contract -Gen Fund
Vital Records
Interest on Investments
Other
Total Revenues
Expenditures
Personnel Services
Materials and Services
Capital Outlay
Total Expenditures
Transfers
Transfers In - General Fund
Transfers In - PH Reserves
Transfers Out
Total Transfers In / Out
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Health Services - All Divisions
Schedule of Financial Operating Data
FY 2018
Year to Date July 1., 2018
through April 30, 2019
(83% of the year)
Actual
Actual
% of
Budget
$ 12,496,729
8,095,540
8,835,600
963,885
477,203
1,944,011
888,375
1,450,730
1,238,534
604,464
131,745
127,000
240,496
114,846
753,233
38,362,392
27,549,618
13,714,180
117,629
41,381,427
4,584,193
490,320
4,093,873
1,074,839
8,229,713
$ 9,304,552
$ 10,986,635
3,468,559
6,208,509
1,005,234
307,324
1,513,518
1,200,828
2,160,452
477,105
87,209
157,603
105,546
196,781
167,812
385,945
28,429,059
24,715,961
8,605,924
130,943
33,452,828
5,065,186
289,669
141,516
5,213,339
189,570
9,304,552
$ 9,494,122
83%
63% a)
72% b)
86% e)
31% c)
109% d)
99%
161% d)
66%
58%
100%
83%
93%
124%
91%
80% 35,444,454 37,617,523 2,173,069
FY 2019
Budget
Projected
Variance
$ 13,262,344
5,509,228
8,652,200
1,169,600
983,961
1,383,668
1,208,623
1,345,100
724,534
151,000
157,603
127,000
212,000
135,000
422,593
$ 13,042,996
5,628,865
8,008,509
1,032,500
1,049,088
1,822,505
1,483,716
3,286,452
971,880
151,000
157,603
127,000
220,972
180,000
454,437
(219,348)
119,637
(643,691)
(137,100)
65,127
438,837
275,093
1,941,352
247,346
8,972
45,000
31,844
78% f) 31,802,065 29,863,596 1,938,469
67% 12,788,299 13,200,232 (411,933)
34% g) 384,000 159,100 224,900
74% 44,974,364 43,222,928 1,751,436
83%
101% h)
75%
84%
129% i)
6,078,223
288,000
188,688
6,078,223
289,700
188,688
1,700
6,177,535
(3,352,375)
7,202,714
6,179,235
573,830
9,304,552
1,700
3,926,205
2,101,838
$ 3,850,339 $ 9,878,381 $ 6,028,043
!Beginning Net Working Capital per FY 2020 Proposed Budget
a) CCBHC wraparound payments are reimbursed on a quarterly basis. Projection updated to include year 1 CCBHC Expansion.
b) Coordinated Care Organization payment received from Pacific Source. New contract effective 01/01/2019 reflects an increase,
adjusted for withhold and less the fee-for-service component that is not capitation.
c) Federal Grants are reimbursed on a quarterly basis.
d) The 2019 contract with the Coordinated Care Organization is comprised of a fee-for-service component corresponding
to patient visits. Revenue in Patient Fees and Title 19 will be higher than budgeted.
e) The majority of Environmental Health Fees are assessed/collected at the end of calendar year 2018.
f) Savings are anticipated from a slow -down in hiring and future vacancy rates forecasted.
g) $350k was budgeted to be spent to furnish a Crisis Stabilization center facility. Construction of the facility and its fumishings expected to
occur in FY20; expenditures in FY19 include permitting and land use costs and four vehicles.
h) Amounts transferred from Public Health Reserves to Public Health Operations per budget deliberations.
i) Both an increase in CCHBC clients served, and an increase to the CCBHC reimbursement rate, during the last few
months of FY18 contributed to larger than projected revenues for FY18.
7
Revenues
State Grants
CCBHC Grants
OHP Capitation
Federal Grants
Patient Fees (including State)
Local Grants
Title 19
State Miscellaneous
Liquor Revenue
Divorce Filing Fees
Interfund Contract -Gen Fund
Other
Total Revenues
Expenditures
Personnel Services 16,306,247 14,751,532 77% f) 19,272,838 17,811,504 1,461,334
Materials and Services 6,632,028 3,568,671 57% 6,264,514 6,461,873 (197,359)
Capital Outlay 32,579 124,892 33% g) 379,000 153,000 226,000
Total Expenditures 22,970,853 18,445,094 71% 25,916,352 24,426,377 1,489,975
Transfers
Transfers In - General Fund 1,734,107 1,902,150 83%
Transfers Out - Dept Admin 5,402,700 5,207,130 83% h)
Total Transfers In / Out (3,668,593) (3,304,980) 83% (3,968,732) (3,968,732)
Change in Fund Balance 3,454,277 (468,340) (2,917,039) 181,377 3,098,416
Beginning Fund Balance 2,174,468 5,628,745 142% i) 3,976,398 5,628,745 1,652,347
Ending Fund Balance $ 5,628,745 $ 5,160,405 $ 1,059,359 $ 5,810,122 $ 4,750,763
Health Services - Behavioral Health Division
Schedule of Financial Operating Data
FY 2018
Year to Date July 1,
2018 through April 30,
2019 (83% of the year)
Actual
Actual
of
Budget
$ 9,727,563
7,422,784
8,835,600
172,019
518,984
11,928
1,450,730
731,145
604,464
131,745
127,000
359,761
30,093,723
$ 8,498,256
2,887,140
6,208,509
104,550
613,174
185,205
2,160,452
6,435
87,209
157,603
105,546
267,655
21,281,734
83%
64% a)
72% b)
20% c)
166% d)
45% e)
161% d)
4% j)
58%
100%
83%
80%
79%
FY 2019
Budget
Projected
Variance
$ 10,187,361
4,522,792
8,652,200
533,057
368,400
412,987
1,345,100
176,000
151,000
157,603
127,000
334,545
$ 9,915,816
4,476,445
8,008,509
602,296
797,466
412,987
3,286,452
309,744
151,000
157,603
127,000
331,168
(271,545)
(46,347)
(643,691)
69,239
429,066
1,941,352
133,744
(3,377)
26,968,045
28,576,486
1,608,441
2,282,708 2,282,708
6,251,440 6,251,440
'Beginning Net Working Capital per FY 2020 Proposed Budget
$ 5,883,1141
a) CCBHC wraparound payments are reimbursed on a quarterly basis. Projection includes revenues from CCBHC Expansion Grant.
b) Coordinated Care Organization payment received from Pacific Source. New contract effective 01/01/2019 reflects an increase,
adjusted for withhold and less the fee-for-service component that is not capitation.
c) Federal Grants are reimbursed on a quarterly basis.
d) The 2019 contract with the Coordinated Care Organization is comprised of a fee-for-service component corresponding to patient visits.
Revenue in Patient Fees and Title 19 will be higher than budgeted.
e) This is a local grant from Pacific Source collected on a quarterly basis, after request is made.
f) Savings anticipated from a slow -down in hiring and future vacancy rate of 6% forecasted.
g) $350k was budgeted to be spent to fumish a Crisis Stabilization center facility. Construction of the facility and its furnishings expected
to occur in FY20; expenditures in FY19 include permitting and land use costs and four vehicles.
h) Amount represents the funding transferred from Behavioral Health to Department Admin for support.
i) Both an increase in CCHBC clients served, and an increase to the CCBHC reimbursement rate, during the last few
months of FY18 contributed to larger than projected revenues for FY18.
j) State matching funds awarded at year-end.
8
Revenues
State Grants
Environmental Health Fees
Patient Fees (including State)
Federal Grants
Local Grants
State Miscellaneous
Vital Records
Other
Total Revenues
Expenditures
Personnel Services
Materials and Services
Capital Outlay
Total Expenditures
Transfers
Transfers In - General Fund
Transfers In - PH Reserves
Transfers Out - Dept Admin
Total Transfers In / Out
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Health Services - Public Health Division
Schedule of Financial Operating Data
FY 2018
Year to Date July 1,
2018 through April 30,
2019 (83% of the year)
Actual
Actual
% of
Budget
$ 2,769,165
963,885
1,425,027
305,185
876,447
507,389
240,496
374,434
$ 2,488,379 81%
1,005,234 86% a)
900,344 89% b)
194,273 51% c)
1,015,623 128% i)
470,670 86% j)
196,781 93%
103,665 131% d)
7,462,028
6,512,999
1,833,637
74,995
6,374,970 88%
5,860,911
1,412,220
6,051
8,421,631
2,850,086
2,009,844
79% e)
73%
0% k)
7,279,182 78%
3,163,036
289,669
1,728,450
840,242
(119,361)
933,059
1,724,255
820,042
813,698
$ 813,698
$ 1,633,741
83%
101% f)
83% g)
86%
139% h)
FY 2019
Budget
Projected
Variance
$ 3,074,983
1,169,600
1,015,268
382,000
795,636
548,534
212,000
79,048
$ 3,127,180
1,032,500
1,025,039
382,000
1,070,729
662,136
220,972
104,966
52,197
(137,100)
9,771
275,093
113,602
8,972
25,918
7,277,069 7,625,522 348,453
7,462,095 7,094,400
1,923,694 2,018,980
6,100
367,695
(95,286)
(6,100)
9,385,789 9,119,480 266,309
3,795,515
288,000
2,074,366
3,795,515
289,700
2,046,816
1,700
27,550
2,009,149 2,038,399
(99,571) 544,441
583,802 813,698
29,250
644,012
229,896
$ 484,231 $ 1,358,139 $ 873,909
Beginning Net Working Capital per FY 2020 Proposed Budget
$ 1,337,617
a) The majority of Environmental Health Fees are assessed/collected at the end of calendar year 2018.
b) Patient fees include fee-for-service payments from the State, Commercial Insurance, and Patients.
c) Received on a quarterly basis, after request is made.
d) An unanticipated donation of $11k to maternal/child health was received during the year.
e) Savings are anticipated from a slow -down in hiring and future vacancy rate of 4% forecasted.
f) Amounts transferred from Public Health Reserves to Public Health Operations per budget deliberations.
g) Amount represents the funding transferred from Public Health to Department Admin for support.
h) Savings from a hiring slow -down around the previous budget development provided additional savings in FY18, over projected.
i) Local grants are paid out in semi-annual, or annual, amounts toward the beginning of the year.
j) Funding from House Bill 3391 (Family Planning Exp Project) coming in higher than anticipated. Quarterly collections.
k) Purchase of equipment to perform LEEP procedures in the Reproductive Clinic.
9
Revenues
CCBHC Grants
Federal Grants
Interest on Investments
Other
Total Revenues
Expenditures
Personnel Services
Materials and Services
Capital Outlay
Total Expenditures
Transfers
Transfers In - General Fund
Transfers In - Dept Admin
Transfers Out
Total Transfers In / Out
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Health Services - Administration Division
Schedule of Financial Operating Data
FY 2018
Year to Date July 1,
2018 through April 30,
2019 (83% of the year)
Actual
Actual
% of
Budget
FY 2019
Budget
Projected
Variance
$ 672,756 $ 581,419 59% a) $ 986,436 $ 1,152,420 165,984
8,500 12% b) 68,904 64,792 (4,112)
114,846 167,812 124% 135,000 180,000 45,000
19,038 14,625 163% c) 9,000 18,303 9,303
806,640 772,356 64% 1,199,340 1,415,515 216,175
4,730,372
5,248,515
10,056
9,988,943
4,103,518
3,625,034
728,552
81% d)
79% g)
5,067,132 4,957,692 109,440
4,600,091 4,719,379 (119,288)
0% 5,000 - 5,000
80% 9,672,223 9,677,071 (4,848)
0%
7,412,544 6,935,580 83% e) 8,325,806 8,298,256 (27,550)
490,320 141,516 75% 188,688 188,668
6,922,224 6,794,064 83% 8,137,118 8,109,568 (27,550)
(2,260,079) (162,132) (335,765) (151,988) 183,777
5,122,187 2,862,108 108% 2,642,514 2,862,108 219,594
$ 2,862,108 $ 2,699,976
$ 2,306,749 $ 2,710,120 $ 403,371
Beginning Net Working Capital per FY 2020 Proposed Budget
$ 2,660,832
a) CCBHC wraparound payments are reimbursed on a quarterly basis 60 days after quarter end. Amounts received are for
CCBHC-related staff, and additional expenditures under the CCBHC Expansion Grant.
b) Includes funding from Crisis Co -responder grant, funds reimbursed quarterly.
Portion of anticipated Oregon Meaningful Use Program awarded.
c) Payments for leased space from medical professionals. Utilities reimbursements from Mosaic medical.
d) Savings anticipated from a slow -down in hiring and future vacancy rate of 3% forecasted.
e) Amount represents the funding required from Behavioral Health & Public Health for Department Admin.
f) This Division included 47.6 FTE in the Adopted Budget.
g) Includes intrafund payment from Admin to Behavioral Health for a FY18 Sanctuary Model contract expense that was incorrectly
expended solely to Behavioral Health.
10
Revenues
Admin- Operations
Admin- Code Enforcement
Building Safety
Electrical
Env Health- On Site Prog
Planning- Current
Planning- Long Range
Total Revenues
Expenditures (by Division)
Admin -Operations
Admin -Code Enforcement
Budding Safety
Electrical
Env Health -On Site Pgm
Planning -Current
Planning -Long Range
Total Expenditures
Net from Operations
Transfers Out
To CDD Reserve Funds
Net Transfers In/ Out
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Community Development
Schedule of Financial Operating Data
FY 2018
Year to Date July 1,
2018 through April 30,
2019 (831 of the year)
Actual
Actual
% of
Budget
$ 134,969
581,209
3,113,439
765,399
809,187
1,813,228
559,223
FY 2019
Budget
Projected
Variance
$ 125,717 110% a) $ 114,500 $ 152,800 $ 38,300
533,502 80% b) 664,291 646,950 (17,341)
2,549,578 77% b) 3,312,714 3,206,054 (106,660)
590,670 73% b) 804,849 732,024 (72,825)
640,147 82% a) 782,984 841,202 58,218
1,501,490 77% b), c) 1,945,453 1,869,672 (75,781)
662,426 80% 828,955 817,870 (11,085)
7,776,653
2,105,543
412,921
1,364,198
339,953
471,314
1,301,029
360,795
6,603,530 78% 8,453,746 8,266,572 (187,174)
1,978,522 80% d) 2,480,694 2,383,092 97,602
383,411 82% 466,550 470,314 (3,764)
1,329,763 77% d) 1,717,925 1,630,935 86,990
371,094 81% d) 455,905 447,779 8,126
463,523 75% d) 621,107 568,303 52,804
1,218,240 78% c), d) 1,560,577 1,485,141 75,436
409,580 81% d) 503,344 499,885 3,459
6,355,753
6,154,134 79% 7,806,102 7,485,449 320,653
1,420,900
449,396 69% 647,644 781,123 133,479
1,058,963
1,029,420 75% e) 1,372,679 1,479,319 (106,640)
(1,058,963)
(1,029,420)
361,937
2,167,678
(580,024)
2,529,616 115%
2,529,616
1,949,591
(1,372,679) (1,479,319) (106,640)
(725,035) (698,196) 26,839
2,203,711 2,529,616 325,905
$ 1,478,676 $ 1,831,420 $ 352,744
(Beginning Net Working Capital per FY 2020 Proposed Budget
$ 1,982,004'
a) Projection increased due to higher than expected volume.
b) Projection decreased due to lower than expected volume.
c) Change in accounting procedure for hearings officer deposits (Deposits held as liability instead of passing through budget),
d) Projection decreased due to year to date unfilled positions.
e) Year end projections revised to reflect ORS requirements to account for surplus building safety and electrical revenues separately.
11
Road
Schedule of Financial Operating Data
FY 2018
Year to Date July 1,
2018 through April 30,
2019 (83% of the year)
Actual
Actual
% of
Budget
Revenues
Motor Vehicle Revenue $ 14,111,188
Federal - PILT Payment 1,574,248
Other Inter -fund Services 1,069,766
Federal Reimbursements 509,127
Cities-Bend/Red/Sis/La Pine 537,224
State Miscellaneous 721,797
Forest Receipts 882,985
Sale of Equip & Material 378,623
Mineral Lease Royalties 59,341
Assessment Payments (P&I) 91,803
Interest on Investments 116,447
Miscellaneous 73,077
Total Revenues
Expenditures
Personnel Services
Materials and Services
Capital Outlay
Total Expenditures
Transfers
Transfer In- Solid Waste Payment
Transfers Out
Total Transfers
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
FY 2019
Budget
Projected
Variance
$ 13,849,996 85% a) $ 16,234,849 $ 16,791,895 $ 557,046
2,153,308 113% b) 1,900,000 2,153,308 253,308
230,886 22% c) 1,044,353 1,119,591 75,238
363,910 67% d) 544,000 363,910 (180,090)
152,745 24% e) 635,000 406,076 (228,924)
681,695 92% f) 739,811 725,177 (14,634)
751,455 78% g) 963,410 751,455 (211,955)
235,227 64% h) 365,000 370,646 5,646
69,422 40% i) 175,000 69,423 (105,577)
8,675 12% 70,000 70,000
184,884 116% j) 160,000 220,000 60,000
71,583 159% k) 45,000 122,489 77,489
20,125,626
5,852,960
6,995,505
141,885
18,753,786 82% 22,876,423 23,163,970 287,547
5,198,975 79% I) 6,595,561 6,254,011 341,550
3,602,989 45% m) 8,094,192 6,728,115 1,366,077
0% - -
12,990,350
402,725
6,000,000
8,801,963 60% 14,689,753 12,982,126 1,707,627
0%
11,348,231 78% 14,464,308 14,464,308
(5,597,275)
1,538,001
8,776,841
(11,348,231) 78% (14,464,308) (14,464,308)
(1,396,408) (6,277,638) (4,282,464)
10,314,842 119% 8,693,653 10,314,842
$ 10,314,842
$ 8,918,434
1,995,174
1,621,189
$ 2,416,015 $ 6,032,378 $ 3,616,363
'Beginning Net Working Capital per FY 2020 Proposed Budget $ 6,001,989
a) Motor vehicle revenue is higher than anticipated
b) A reduction to timber revenue received in FY18 resulted in a positive impact to the FY19 PILT amounts received
c) Anticipated increase in transfer from Fund 328 and 329, due to increae in Survey and Corner Preservation work
d) All reimbursable projects have been competed
e) City reimbursements for work performed by the County are received towards the end of the FY, after work is completed
Anticipated receipts from City of Bend and City of Redmond are less than budgeted. They have postponed work until after July 1
f) Actual reimbursable services provided
g) Forest receipts are anticipated to be received from the State in May 2019
h) Updated based on actual receipts to date
i) Updated based on actual receipts to date. No further revenues are anticipated.
j) Updated based on actual receipts to date
k) Anticipated restitution for accident damage to La Pine State Rec Road guardrail
I) Savings from unfilled positions and associated benefits of $366k. Additional expense of $25k anticipated for unplanned retirement
m) $1.2 million reduction in paving materials due to materials purchased at end of FY 18; $160k reduction in Engineering expenses; $46k
increase in fuel reimbursements, $18k reduction in signs; $28k reduction in shop supplies and tools
12
Revenues
State Miscellaneous
Interest on Investments
Total Revenues
Expenditures
Materials and Services
Capital Outlay
Total Expenditures
Transfers
Transfer In
Total Transfers
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Road CIP
Schedule of Financial Operating Data
FY 2018
Year to Date Jury 1,
2018 through April 30,
2019 (83% of the year)
Actual
Actual
% of
Budget
0%a)
120,460 199,589 188%
120,460 199,589 21%
35,701
2,897,925
2,933,626
4,578,054
4,578,054
1,764,889
7,823,938
$ 9,588,827 $ 14,646,261
FY 2019
Budget
Projected
Variance
853,104
106,000
120,000
(733,104)
215,000 109,000
959,104
60,961 83% 73,153
4,429,426 54% b) 8,236,348
4,490,387 54% 8,309,501
9,348,231 68% c)
9,348,231 68%
5,057,434
9,588,827 125%
335,000 (624,104)
73,153
7,738,163 498,185
7,811,316 498,185
13,811,725 13,507,292
13,811,725 13,507,292
6,461,328 6,030,976
7,687,037 9,588,827
(304,433)
(304,433)
(430,352)
1,901,790
$ 14,148,365 $ 15,619,803 $ 1,471,438
Beginning Net Working Capital per FY 2020 Proposed Budget
$ 15,616,536
a) Majority of reimbursable work will not be completed in FY 19.
b) Work not completed in FY 18, will be completed in FY 19. Part of this work is reimbursable.
c) Revised projection based on anticipated transfer for eligible SDC projects
Capital Outlay Summary - by Project
Burgess Road / Day Road intersection
Deschutes Market / Dale Road Intersection
Erickson Road Paving
Old Bend Redmond Highway Phase 11
3rd Street Drainage Extension
US 20 at Tumalo
Paving Knott Rd
S. Canal / Helmholtz Way
S. Canal - "Six" Corners
six Corners Irrigation
Tumalo Road /Tumalo Place
Quail Road Improvements
La Pine Guardrail Repair
C Avenue: Hwy 97 to 6th St Improvement
Solar Drive Bridge
Old Bend Rdm/Tumalo Rd Inter
Sisemore Bridge
Projects not started
IActual
$ 651,428
1,279,400
468,544
100,427
112,655
1,100,000
1,980
66,360
207,187
159,876
18,244
100,000
40,099
34,393
70,334
13,371
5,129
Budget
Projected
Variance
$ 900,106
1,500,000
300,000
300,000
850,286
714,937
798,699
406,879
100,000
180,746
160,000
346,426
220,000
1,458,269
$ 657,429
1,284, 810
468,544
112,655
1,100,000
1,007,238
292,830
821,648
129,880
137,263
100,000
12,588
168,241
75,000
115,036
120,000
1,135, 001
$ 242,677
215,190
(468,544)
187,345
(800,000)
(156,952)
422,107
(22,949)
(129,880)
269,616
(12,588)
12,505
85,000
231,390
100,000
323,268
$ 4,429,426 $ 8,236,348
13
$ 7,738,163
$ 498,185
Revenues
DOC Grant in Aid SB 1145
CJC Justice Reinvestment
DOC Measure 57
Electronic Monitoring Fee
Probation Superv. Fees
DOC -Family Sentence Alt
Interfund - Sheriff
Gen Fund/Crime Prevention
DOJ/Arrest Grant
Alternate Incarceration
State Subsidy
Interest on Investments
Probation Work Crew Fees
State Miscellaneous
Miscellaneous
Total Revenues
Expenditures
Personnel Services
Materials and Services
Capital Outlay
Total Expenditures
Transfers
Transfers In -General Fund
Transfer Out - Vehicle Repl/Maint
Total Transfers
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Adult Parole Probation
Schedule of Financial Operating Data
Year to Date July 1,
FY 2018 2018 through April 30,
2019 (83% of the year)
Actual Actual
of
Budget
$ 4,333,329
844,831
233,900
149,997
191,722
114,683
50,000
50,000
11,684
6,908
16,336
36,963
1,966
503
4,781,604
844,831
233,900
63,630
156,786
114,683
41,667
37,500
16,337
63,925
2,280
3,920
6,042,821 6,361,061
4,226,603
1,548,670
31,960
3,749,656
1,311,515
5,807,233 5,061,171
451,189 237,658
44,000 90,000
407,189
642,777
1,690,943
147,658
1,447,548
2,333,720
$ 2,333,720 $ 3,781,268
FY 2019
Budget
Projected
Variance
100% a) $ 4,781,604
100% b) 844,831
100% b) 233,900
636% c) 10,000
75% e) 210,000
100% b) 114,683
83% 50,000
75% d) 50,000
0%
0% -
96% a) 17,000
160% h) 40,000
57% e) 4,000
0% e) 4,300
784% h) 500
$ 4,781,604 $
844,831
233,900
70,000
180,000
114,683
50,000
50,000
17,000
76,000
2,500
5,000
60,000
(30,000)
36,000
(1,500)
(4,300)
4,500
100% 6,360,818
81% 0 4,656,363
72% g) 1,828,765
0% i) 20,000
6,425,518
4,521,448
1,650,000
5,000
64,700
134,915
178,765
15,000
78% 6,505,128
83% 285,189
75% 120,000
6,176,448 328,680
285,189
120,000
89% 165,189
20,879
106% 2,200,000
165,189
414,259
2,333,720
393,380
133,720
$ 2,220,879
$ 2,747,979 $ 527,100
Beginning Net Working Capital per FY 2020 Proposed Budget
$ 2,590,000
a) Quarterly payment in advance.
b) One-time/annual payment.
c) Prior electronic monitoring arrangement was budgeted to expire July 1st, 2018, but activity extended thru August 2018 and
payments have continued in FY19. Anticipate this revenue to cease in FY20.
d) Quarterly payments.
e) Projected downward due to a steady decline in fee payments and no longer receiving State Misc. revenue.
f) Savings from unfilled vacancies YTD.
g) Projected downward due to lower than budgeted offender services expenditures.
h) Projected upward due to higher than anticipated interest payments, refunds and FOIA fees.
i) Pending purchase of auction vehicle from Sheriffs office.
14
Operating Revenues
Franchise Disposal Fees
Private Disposal Fees
Commercial Disp. Fees
Franchise 3% Fees
Yard Debris
Recyclables
Sale of Equip & Material
Special Waste
Interest
Leases
Miscellaneous
Total Operating Revenues
Operating Expenditures
Personnel Services
Materials and Services
Capital Outlay
Debt Service
Total Operating Expenditures
Transfers Out
SW Capital & Equip. Reserve
Total Transfers Out
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Solid Waste
Schedule of Financial Operating Data
FY 2018
Year to Date July 1,
2018 through April 30,
2019 (83% of the year)
Actual
Actual
% of
Budget
$ 6,091,577
2,502,365
1,905,165
273,532
203,247
15,833
8,952
23,143
8,101
57,217
$ 5,193,235
1,842,520
1,657,403
282,309
187,792
8,556
21,480
47,412
1
41,568
11,089,132
2,173,108
4,684,108
89,501
861,102
9,282,275
80%
68%
81%
107% a)
87%
48% b)
143% c)
108%
0% d)
83%
78%
FY 2019
Budget
Projected
Variance
$ 6,497,675
2,709,370
2,042,050
265,000
216,761
18,000
15,000
44,000
10,801
49,955
$ 6,250,000 $ (247,675)
2,349,000 (360,370)
2,187,000 144,950
287,000 22,000
216,761
12,000 (6,000)
22,000 7,000
55,700 11,700
1 (10,800)
49,955 -
11,868,612 11,429,417
1,926,098 77% e) 2,504,623 2,420,000
3,133,391 66% f) 4,772,158 4,667,000
112,669 65% g) 173,000 115,000
310,425 36% h) 860,938 860,938
7,807,819
2,580,000
(439,195)
84,623
105,158
58,000
5,482,582 66% 8,310,719 8,062,938
247,781
3,087,522 66% i) 4,688,023 4,705,470 (17,447)
2,580,000
701,313
1,237,677
3,087,522
712,171
1,938,991
1,938,991
$ 2,651,162
66% 4,688,023 4,705,470
(1,130,130) (1,338,991)
112% 1,730,130 1,938,991
$ 600,000 $ 600,000 $
(17,447)
(208,861)
208,861
(0)
Beginning Net Working Capital per FY 2020 Proposed Budget $ 600,000
NOTE: Revenue projections, as a whole, still reflect management's best estimate of revenues to be collected. Disposal fees,
although greater than prior year, are anticipated to be lower than originally budgeted.
a) Received the annual fees due April 15, 2019. Projecting the remaining Wilderness Garbage monthly installments.
b) Pricing is lower than expected in the recycling markets.
c) Revenue source is unpredictable; dependent on special clean-up projects.
d) No longer leasing the Rickard Rd property.
e) Savings from unfilled vacancies YTD. Posted an open 1.0 FTE attendant position in April, expecting OT with fire free and
summer hours 5/1, and projecting TML sell backs will meet budget.
f) Anticipating spending less than budgeted in Environmental, Bank Charges, and other Materials & Services costs.
g) Capital purchases are in process; extended the life of an existing vehicle so not purchasing a second pick-up; enlargement of
the recycle compost pond moved to FY 20/21.
h) Principal and interest payments due in Nov and May.
i) Anticipating transferring slightly more funds to Solid Waste Capital for Cell 8 construction and other capital projects.
15
$ 6,100,000
Risk Management
Schedule of Financial Operating Data
FY 2018
Year to Date July 1, 2018
through April 30, 2019
(83% of the year)
Actual
Actual
% of
Budget
Revenues
Inter -fund Charges:
General Liability $ 1,051,283
Property Damage 391,542
Vehicle 195,085
Workers' Compensation 1,242,317
Unemployment 356,545
Claims Reimb-Gen LiablProperty 336,022
Process Fee-Events/Parades 1,800
Miscellaneous 1,548
Skid Car Training 39,382
Interest on Investments 86,122
TOTAL REVENUES
Direct Insurance Costs:
GENERAL LIABILITY
Settlement / Benefit
Defense
Professional Service
Insurance
Repair / Replacement
Total General Liability
PROPERTY DAMAGE
Property Damage Charges
Insurance
Repair / Replacement
Total Property Damage
VEHICLE
Professional Service
Insurance
Loss Prevention
Miscellaneous
Repair / Replacement
Total Vehicle
WORKERS' COMPENSATION
Settlement / Benefit
Professional Service
Insurance
Loss Prevention
Miscellaneous
Total Workers' Compensation
UNEMPLOYMENT - Settlement/Benefits
Total Direct Insurance Costs
Insurance Administration:
Personnel Services
Materials & Srvc, Capital Out. & Tranfs.
Total Insurance Administration
Total Expenditures
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
FY 2019
Budget
Projected
Variance
$ 886,396 83% $ 1,063,675 $ 1,063,675 $ -
328,576 83% 394,291 394,291 -
162,708 83% 195,250 195,250
1,056,999 85% 1,247,279 1,247,279
272,814 97% 280,921 280,921
30,885 11% 269,198 269,198
1,350 75% 1,800 1,800
35 7% 530 100 (430)
40,500 127% 32,000 42,000 10,000
119.480 141% 85,000 136,000 51,000
3,701,647
2,899,743 81% 3,569,944 3,630,514 60,570
69,537
78,349
12,545
212,132
20,247
27,700
289,276
5,000
252,159 a)
4,238
392,809
558,374 62%
235
173,873
30,900
200
148,323 b)
109,709
205,008
900,000 900,000
256,232 35% 728,398 900,000 (171,602)
5,101
1,717
109,130
876
7,505
14,673
168
56,965
116,948
80,167 67%
860,322
40,999
168,955
57,266
51,236
566,932
15,220
145,019
61,518
37,187
1,178,778
120,000
130,000 (10,000)
825,875 64% c) 1,300,000 1,100,000 200,000
30,960
32,634 22% 150,000 50,000 100,000
1,923,503
1,753,301 55% 3,198,398 3,080,000 118,398
360,138
195,293
309,730 80% 387,349 387,349
137,261 50% 275,518 275,518
555,431
448,991 67% 662,867 662,867
2,478,933
2,200,292
1,222,713
5,359,570
57%
699,451
6,582,283 118%
6,582,283
7,281,735
3,861,265 3,742,867 118,398
(291,321)
5,600,000
(112,353) 178,968
6,582,283 982,283
5,308,679 $ 6,469,930 $ 1,161,251
'Beginning Net Working Capital per FY 2020 Proposed Budget
a) Annual insurance premiums are paid at the beginning of the fiscal year.
b) Annual insurance premiums have been paid, Fair/Expo roof replacement costs expected this FY.
c) Current projection of $1.1M is reasonable per discussion with management. Pending claims and outside legal costs factor into this decision.
16
Revenues
Property Taxes - Current
Property Taxes - Prior
Property Taxes - Jefferson County
State Reimbursement
Telephone User Tax
Data Network Reimb,
User Fee
Police RMS User Fees
Contract Payments
Miscellaneous
Interest
Total Revenues
Expenditures
Personnel Services
Material and Services
Capital Outlay
Total Expenditures
Transfers
Transfers In
Transfers Out
Total Transfers
Change in Fund Balance
Beginning Fund Balance
Ending Fund 705 & 707 Balance
Ending Bal. DC Reserve (710)
Total of Funds 705, 707 and 710
DC 9-1-1 (Funds 705 and 707)
Schedule of Financial Operating Data
Year to Date July 1, 2018
FY 2018 through April 30, 2019
(83% of the year)
% of
Actual Actual Budget
$ 7,950,397
126,401
32,003
162,900
911,753
67,875
104,939
351,987
18,647
98,838
8,166,603
96,862
32,454
132,900
481,352
92,723
77,184
300,166
175
19,460
122,056
9,825,738 9,521,934
6,766,806
3,301,199
1.797,372
5,571,181
2,747,451
430,243
11,865,377 8,748,876
1,300,000
(493.863)
806,137
98% f)
88%
108%
106% g)
54% a)
185%
43% b)
100%
0% b)
278%
88%
93%
FY 2019
Budget
Projected
Variance
$ 8,316,033
110,000
30,000
125,000
890,000
50,000
180,000
300,680
51,300
7,000
138,000
$ 8,350,160 $ 34,127
110,000 -
33,600 3,600
147,900 22,900
890,000 -
101,013 51,013
180,000
300,680
51,300
25,000 18,000
138,000
10,198,013 10,327,663 129,640
73% e) 7,646,307 6,793,060 853,247
82% c) 3,370,357 3,125,000 245,357
18% d) 2,362,400 1,199,000 1,163,400
65% 13,379,064 11,117,060 2,262,004
0%
0%
0%
(1,233,502) 773,060 (3,181,051)
7,261,002 6,027,500 100% 6,000,000
6,027,500 $ 6,800,560
2,633,115
2,679,666
$ 8,660,616
9,480,226
(789,408) 2,391,643
6,027,500 27,500
$ 2,818,949 5,238,093 $ 2,419,144
2,687,000
2,761,407 74,407
$ 5,505,949 $ 7,999,500 $ 2,493,551
(beginning Net Working Capital per FY 2020 Proposed Budget
$ 7,753,706I
a) The State distributes payments quarterly, after the month ends.
b) Billings sent at the end of March, revenue expected in early May.
c) Annual maintenance agreements paid towards the beginning of the fiscal year.
d) Capital budget available for Technology Improvements expenditures. Reduced due to CAD hold -back & radio progress delays.
e) Savings are anticipated from FTE vacancies YTD and forecasted vacancies. Effective vacancy rate for year is estimated at 11%,
f) Current year taxes received primarily in November, February and May. TAV came in 0.3% higher than budgeted.
g) Revenues projected to come in higher than budget due to an increase for GIS reimbursement.
17
Revenues:
Internal Premium Charges
Part -Time Employee Premium
Employee Monthly Co -Pay
COIL
Retiree / COBRA Co -Pay
Prescription Rebates
Claims Reimbursements & Misc
Interest
Total Revenues
Expenditures:
Materials & Services
Admin & Wellness
Claims Paid -Medical
Claims Paid -Prescription
Claims Paid -Dental
Claims Paid -Vision
Stop Loss Insurance Premium
State Assessments
Administration Fee (TPA)
Preferred Provider Fee
Other - Administration
Other - Wellness
Admin & Wellness
Deschutes On-site Clinic
Contracted Services
Medical Supplies
Other
Total DOC
Deschutes On-site Pharmacy
Contracted Services
Prescriptions
Other
Total Pharmacy
Total Expenditures
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Health Benefits Fund
Statement of Financial Operating Data
FY 2018
Year to Date July 1, 2018
through April 30, 2019
(83% of the year)
Actual
Actual % of
Budget
$ 17,573,923
2,303
960,340
1,823,503
1,255,725
64,110
116,243
219,809
$ 14,997,202
1,454
825,802
1,500,358
975,692
95,295
40,318
296,310
22,015,955
14,108,678
1,304,662
1,722,019
426,862
440,144
10,585
681,958
80,523
177,758
156,884
18,732,431
9,764,141
832,677
1,344,394
269,187
418,394
399,253
71,526
181,932
134,662
19,110,074
928,621
88,436
34,416
13,416,165
733,005
47,470
27,640
1,051,474
308,693
1,750,513
102,463
FY 2019
Budget
Projection
$ Variance
88% a) 17,052,000
57% a) 2,563
86% a) 963,000
82% a) 1,834,000
76% a) 1,280,000
159% 60,000
N/A d)
135% a) 220,000
87%
17,996,600
1,700
990,900
1,800,400
1,170,800
96,000
40,318
355,500
944,600
(863)
27,900
(33,600)
(109,200)
36,000
40,318
135,500
21,411,563 22,452,218 1,040,655
66% c) 14,900,000 13,267,500 1,632,500
61% c) 1,375,000 1,130,000 245,000
82% c) 1,632,000 1,765,000 (133,000)
59% c) 458,000 360,000 98,000
93% b) 450,000 460,000 (10,000)
0%
92% b) 435,000 438,550 (3,550)
94% b) 76,000 80,000 (4,000)
78% 233,777 233,777
73% 184,870 184,870
68% 19,744,647 17,919,897 1,824,950
75% e) 975,000 970,500
59% e) 80,000 80,000
46% 59,864 41,864
808,115 72% 1,114,864 1,092,364
246,480
1,509,085
82,741
2,161,669
1,838,306
22,323,217
16,062,585
(307,262)
15,382,578
2,669,846
15,075,316
$ 15,076,316
$ 17,745,162
73% e)
82%
84%
80%
336,000
1,850,000
98,744
319,000
1,891,000
97,000
4,500
18,000
22,500
17,000
(41,000)
1,744
2,284,744 2,307,000 (22,256)
69% 23,144,255
(1,732,692)
94% 16,051,586
$ 14,318,894
21,319,061
1,133,157
15,075.316
$ 16,208,473
1,825,194
2,865,849
(976,270)
$ 1,889,679
Beginning Net Working Capital per FY 2020 Proposed Budget
$ 16,106,294
a) Year to date annualized
b) Year to date actual plus purchase orders and contracts outstanding. Contract paid 1 month in advance.
c) Current projected amounts in claims paid are compared against a rolling annual total for reasonableness.
Amounts may fluctuate significantly due to unanticipated cost -intensive diagnoses/treatments.
d) Current year FSA forfeiture was $13,840
e) Amounts are paid 1 month in arrears.
18
Revenues
Court Fines & Fees
Interest on Investments
Total Revenues
Expenditures
Personnel Services
Materials and Services
Total Expenditures
Transfers
Transfers In- General Fund
Total Transfers
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Justice Court
Schedule of Financial Operating Data
FY2018
Year to Date July 1, 2018
through April 30, 2019
(83% of the year)
Actual
Actual
% of
Budget
$ 574,364
1,518
FY 2019
Budget
Projected
Variance
$ 499,041 91% a) $ 550,000 $ 598,849 $ 48,849
2,388 119% 2,000 2,866 866
575,882
501,430 91% 552,000 601,716 49,716
462,655
137,679
423,651 83% 508,650 508,426 224
120,020 80% 149,431 144,676 4,755
600,334
543,671 83% 658,081 653,102 4,979
70,000
25,000 83% 30,000 30,000
70,000
25,000 83% 30,000 30,000
45,548
112,442
(17,242)
(76,081) (21,387) 54,694
157,990 110% 144,000 157,990 13,990
$ 157,990
$ 140,749
$ 67,919 $ 136,604 $ 68,685
(Beginning Net Working Capital per FY 2020 Proposed Budget $ 165,000)
a) Year to date annualized for projected amounts.
19
REVENUES
Room Taxes
Interest
Total Revenues
EXPENDITURES
Administrative
Auditing Services
Temporary Help
Interfund Contract
ISF
Public Notices
Printing
Office Supplies
Postage
Software
Total Administrative
Current Distributions
Sheriffs Office
Sunriver Chamber (1)
Sunriver Chamber (2)
Sunriver Service Dist
COVA (20% of the 6%)
COVA (100% of the 1%)
Grants
Third Party Grants
Inter -fund Transfers
Fair & Expo Center
F&E Reserve Fund
Total Distributions
Total Expenditures
Change in Balance
Beginning Balance
Ending Balance
Room Taxes (Funds 160 and 170)
Schedule of Financial Operating Data
July 1, 2018 thru April 30, 2019
160
- 7% of TRT
Fund 170 - 1% of TRT
Combined - 8% TRT
IFund
Budget
1 Actual
Budget 1 Actual
Budget
Actual
%of Budget
$ 6,352,500
$ 5,851,046
$ 907,500
$ 835,867
$ 7,260,000
$ 6,686,913 92.1%
14,000
46,039
8,600
6,634
22,600
52,672
233.1%
6,366,500
5,897,085
916,100
842,500
7,282,600
6,739,586
92.5%
10,938
3,063
1,563
438
12,501
3,500
7,875
1,767
1,125
252
9,000
2,020
50,675
42,229
8,446
7,038
59,121
49,268
38,485
32,071
602
502
39,087
32,573
2,713
1,335
388
191
3,101
1,526
1,925
-
275
-
2,200
-
875
-
125
-
1,000
-
2,625
664
375
95
3,000
759
52,500
29,490
7,500
4,213
60,000
33,703
168,611
110,619
20,399
12,728
189,010
123,347
3,151,787
2,363,840
-
-
3,151,787
2,363,840
200,000-
-
200,000
-
1,062,651
939,208
-
1,062,651
939,208
884,017
784,244
-
884,017
784,244
25,744
19,308
642,252
481,689
667,996
500,997
830,083
622,562
830,083
622,562
5,324,199
4,106,601
1,472,335
1,104,251
6,796,534
5,210,852
5,492,810
4,217,219
1,492,734
1,116,980
6,985,544
5,334,199
873,690
1,679,866
(576,634)
(274,479)
297,056
1,405,386
1,387,711
1,204,818
576,634
361,634
1,964,345
1,566,452
$ 2,261,401
$ 2,884,683
$ -
$ 87,155
$ 2,261,401
$ 2,971,838
20
Operating Revenues
Events Revenues
Storage
Camping at F & E
Horse Stall Rental
Food & Beverage Activities, net
Annual County Fair (net)
Interfund Contract
Miscellaneous
Total Operating Revenues
Operating Expenditures, net of TRT:
General F & E Activities
Personnel Services
Materials and Services
Total Operating Exp, net of TRT
Other:
Park Acq/Dev (Fund 130)
Rights & Signage
Interest
Total Other
Fair Expo Center
Schedule of Financial Operating Data
FY 2018
Year to Date July 1, 2018
through April 30, 2019 (83%
of the year)
Actual
Actual
% of Budget
$ 455,732
81,588
15,325
23,541
67,964
287,452
30,000
4,822
477,630
76,735
2,700
39,329
109,700
400,000
26,667
5,884
966,424
1,028,508
978,354
FY 2019
73%
92%
15%
69%
67% a),
85% b)
89% c)
70%
1,138,645 76%
1,057,389 82%
758,949 83%
2,006,862
30,000
111,499
486
1,816,338 82%
22,500 75%
98,050 93%
(109)
141,985
-5%
120,441 88%
' Results of Operations
(898,453)
Transfers In / Out
Transfer In -General Fund
Transfers In - TRT -1 %
Transfer In -Room Tax - (Fund 160)
Total Transfers In
Non -Operating Rev & Exp
Debt Service
Total Non -Operating Expenditures
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
200,000
533,514
25,744
Budget
Projected
Variance
655,000
83,100
18,200
57,000
164,204
472,998
30,000
8,400
$ 644,631
76,735
17,300
52,029
164,700
400,000
32,000
7,284
$ (10,369)
(6,365)
(900)
(4,971)
496
(72,998)
2,000
(1,116)
1,468,902 1,394,678 (94,224)
1,293,082 1,250,987
918,871 898,949
2,211,953 2,149,936
30,000
105,000
2,400
30,000
118,350
(109)
42,095
19,922
62,017
137,400
148,241
13,350
(2,509)
10,841
(557,253) (585,651) (607,017) (21,366)1
166,667
368,189
21,453
759,258
101,824
557,309
83%
75% d)
83%
56,103 55%
101,824
(241,020)
180,735
56,103 55%
(56,047)
(60,285) N/A
(69,2851
200,000
60285t-
200,000
492,252
25,744
200,000
492,252
25,744
717,996 717,996
101,136 101,136
101,136 101,136
31,209
9,843
(21,366)
(60,285) (60,285)
(116,332) e) $ 31,209 $ (50,442) $ (81,651)
Beginning Net Working Capital per FY 2020 Proposed Budget
$ 80,000
a) See "Food & Beverage Activities Schedule"
b) Revenues and Expenses for the annual County Fair are recorded in a separate fund and the available
net income is transferred to the Fair & Expo Center Fund
c) Reimbursement from RV Park for personnel expenditures recorded in F&E
d) FY 2018 includes $100,000 originally planned to be received in FY 2019
e) Amounts will differ slightly from the Summary by Department due to adjustments on inventory.
21
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N
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w
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1/1
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22
Revenues
RV Park Fees < 31 Days
RV Park Fees > 30 Days
Washer / Dryer
Vending Machines
Room Tax Collection Fee
Good Sam Discounts
Good Sam Membership Fee
Cancellation Fees
Total Revenues
Expenditures
Materials & Services
RV Park (Fund 618)
Statement of Financial Operating Data
FY 2018
Year to Date July 1,
2018 through April
30, 2019 (83% of the
year)
% of
Actual Actual Budget
$ 409,658 $ 317,954
11,900 11,600
4,456 3,315
1,561 1,333
2,205 1,526
(7,959)
1,616
8,936 6,890
438,716 336,276
266,328 217,023
FY 2019
Budget
Projection
$ Variance
93% a) $ 340,200 428,000 87,800
232% 5,000 12,000 7,000
95% 3,500 4,500 1,000
89% 1,500 1,700 200
N/A 2,000 2,000
N/A (10,700) (10,700)
N/A 1,616 1,616
172% 4,000 9,200 5,200
95% 354,200 448,316 94,116
73% 298,870 298,870
Total Expenditures 266,328 217,023 73% 298,870 298,870
Net from Operations
Other Resources/Expenditures
Interest on Investments
Transfers In - Park Fund (130)
TRT Grant
Debt Service
Net Other
Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
172,388 119,252
6,094
160,000
35,088
(222,136)
55,330 149,446 94,116
9,978 227% 4,400 17,105 12,705
160,000 100% 160,000 160,000
N/A
72% (223,101) (223,101)
(161,733)
(20,954) 8,245 (58,701) (45,996) 12,705
151,434
127,497
(3,371) 103,450 106,821
292,046 443,480 139% 319,000 443,480 124,480
443,480 $ 570,977
$ 315,629 $ 546,929 $ 231,300
(Beginning Net Working Capital per FY 2020 Proposed Budget $ 560,000 I
a) 9,416 RV spaces, 29% utilization YTD. Prior year comparable was 8,708 RV spaces, 27% utilization YTD.
23
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 BOCC Tuesday Meeting of May 21, 2019
DATE: May 13, 2019
FROM: Wayne Lowry, Finance, 541-388-6559
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Resolution No. 2019-014, Adopting the Corrective
Action Plan for Fiscal Year 2018
RECOMMENDATION & ACTION REQUESTED:
Staff recommends approval of Resolution 2019-014 adopting the Corrective Action Plan
for Fiscal Year 2018.
BACKGROUND AND POLICY IMPLICATIONS:
In December 2018, the attached Corrective Action Plan was received and reviewed by the
County's Audit Committee. The Audit Committee approved of the Corrective Action Plan, as
outlined by the Finance Department. The Corrective Action Plan was implemented immediately
and the related error was corrected during the Fiscal Year 2018 Audit.
Pursuant to State statute ORS 297.466, the Board of County Commissioner's must formally
adopt the Corrective Action Plan via resolution. The need for formal adoption by the BOCC
was not known until recently through a review of the FY 2018 CAFR by the Secretary of States
office.
FISCAL IMPLICATIONS: None
ATTENDANCE: Wayne Lowry, Finance Director/Treasurer
'CES C
DESCHUTES COUNTY FINANCE DEPARTMENT
Wayne Lowry, Finance Director/Treasurer
Management's Response to Auditor's Findings:
Corrective Action Plan
June 30, 2018
Prepared by Management of
Deschutes County
1300 NW Wall Street, Ste, 203 Bend, Oregon 97703 0,0, Box 6005 Bend, Oregon 91708005
(54 1) 017-4721 www-deschutes.org/Finance
-TES
0
Corrective Action Plan
DESCHUTES COUNTY FINANCE DEPARTMENT
Wayne Lowry, Finance Director/Treasurer
Finding 2018-A
Finding Summary:
The County Finance team found in February 2018, documents requesting that
Health Services related funds be returned to the Coordinated Care Organization
due to a reconciliation that was performed for calendar year 2016. The
adjustment to the accounting records was made in FY 2018 and resulted in a
prior period adjustment for FY 2017. In addition, the County Finance team
found during FY 2018 that rental assistance payments received from the state for
FY 2016 and FY 2017 were recorded as revenue when they should have been
deferred due to lower than actual expenditures of those funds. As a result, an
adjustment to the June 30, 2017 net position and fund balance on the Statement
of Activities and Statement of Revenues, Expenditures, and Changes in Fund
Balance of Governmental Funds was made.
Responsible Individuals; Wayne Lowry, Finance Director
Corrective Action Plan;
The County Finance staff will continue to work with department staff to develop
flows of financial information to ensure that material items of expenditures and
unearned revenues are identified so that they can be reported properly in the
financial statements.
Anticipated Completion Date: Completed with ongoing monitoring.
1300 NW 1Na11 Street, Ste. 20 Bend, Oi egon 97703 9.0. BON 6005 Bend, Oregon 977023-6005
Q(541) 617-4721 www.deschules.or /Finance
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 BOCC Tuesday Meeting of May 21, 2019
DATE: May 15, 2019
FROM: Nick Lelack, Community Development, 541-385-1708
TITLE OF AGENDA ITEM:
CDD 2018 Annual Report & Draft Fiscal Year 2019-20 Work Plan
RECOMMENDATION & ACTION REQUESTED:
Discussion Item.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners (BOCC) adopts a Work Plan for the Community
Development Department (CDD) annually after considering Planning Commission and Historic
Landmarks Commission recommendations and public input. CDD then allocates resources to
implementing the adopted Work Plan throughout the fiscal year (July 1 -June 30).
The purpose of this work session is to prepare the BOCC for a public hearing on Wednesday,
June 12, 2019 on the draft Work Plan for FY 2019-20.
Each spring, CDD prepares an annual report describing accomplishments from the prior
calendar year and proposed work plan for the next fiscal year. The work plan describes the
most important objectives and proposed projects in each CDD division based on:
1. Board annual goals and policies;
2. Carry-over projects from current or prior years;
3. Public comments;
4. Changes in state law; and
5. Grants/funding sources.
It also serves as the context within which new projects that arise during the course of the year
are prioritized and undertaken. CDD division managers will briefly highlight 2018
accomplishments and 2019-20 work plan projects at this work session.
FISCAL IMPLICATIONS: None. If projects or services in the adopted Work Plan create fiscal
implications, staff will seek BOCC approval separately prior to initiating such services or
projects.
ATTENDANCE: CDD Director Nick Lelack and Management Team
Community Deve
Department
Introduction
Overview
Performance Measures
Divisions & Services
Appeals & Public Hearings
Coordination & Collaboration
Community Involvement
2
4
5
12
52
56
58
3
Purpose
The Annual Report highlights the department's 2018 accomplishments and is developed to:
• Report on the department's achievements and performance.
• Implement the Board of County Commissioners (BOCC) goals and objectives.
• Implement the Deschutes County Customer Service "Every Time" Standards.
• Effectively and efficiently manage organizational assets, capabilities, and finances.
• Fulfill the department's regulatory compliance requirements.
• Enhance the County as a safe, sustainable, and highly desirable place to live, work,
learn, recreate, visit, and more.
• Address changes in state law.
Adoption
The BOCC adopts the Annual Report after considering public, stakeholder and partner
organization input, and Planning Commission and Historic Landmarks Commission
recommendations.
4
The Community Development Department (CDD) consists of
Administrative Services and five divisions which provide coordinated
planning and development services. The divisions include the following:
ADMINISTRATIVE SERVICES
Provides oversight for all departmental operations and facilities, human
resources, budget, customer service, technology and
performance measures. Systems Analyst staff are responsible
for the integration of technology across all CDD divisions and
coordinates with the cities as well as providing direct service
to the public via application training and support, web -based
mapping, reporting services and data distribution.
COORDINATED SERVICES DIVISION
Provides coordination of permitting and "front
line" direct services to customers at the main
office in Bend and at the Sisters and La Pine City
Halls.
ENVIRONMENTAL SOILS DIVISION
Regulates on-site wastewater treatment systems
(septic) and monitors environmental factors for
public health and resource protection.
PLANNING DIVISION
The Planning Division is separated into two
operational areas, Current and Long Range
Planning. Current Planning processes individual
land use applications and provides information to the public on all land
use related issues. Long Range Planning addresses the future needs of the
community through updates to the comprehensive plan, changes to County
Code and other special projects.
BUILDING SAFETY DIVISION
Provides construction plan reviews, consultation and inspections to assure compliance with
federal and state building codes in the rural County and cities of Sisters and La Pine,
CODE ENFORCEMENT DIVISION
Code enforcement is responsible for investigating code violation complaints to ensure
compliance with each of the codes and statutes administered by CDD, and provides direct
service on contract to the City of La Pine for solid waste violations.
5
The Community Development Department's 2018-19 goals are reflected in the performance
measures below. These performance measures strategically and comprehensively align CDD's
operations with the Board of County Commissioners' (BOCC) 2018-19 Goals and Objectives and
the County's Customer Service "Every Time" Standards.
The performance measures address service delivery expectations from the perspective of CDD's
customers; ensures the department fulfills its regulatory compliance requirements; effectively
manages the organization's assets, capacities, and finances; and preserves and enhances the
County as a safe, sustainable, and desirable place to live, visit, work, learn and recreate.
CDD performance measures implement the BOCC's FY 201 8-1 9 goals and objectives. Each
performance measure references the applicable BOCC goal and objective. For example, the
CDD performance measure to "achieve 85% voluntary compliance in Code Enforcement cases"
implements the BOCC's Safe Communities Objective 1 to provide safe and secure communities
through coordinated public safety and services, and includes the reference "SC -1"
6
All CDD
Complete single family dwelling permit process from Application Acceptance to Ready -to -Issue
in 30 days. (SD -1)
Complete commercial structural permit process from Application Acceptance to Ready -to -
Issue in 35 days. (SD -1)
Achieve a customer feedback rating of 2.7 (out of 3.0) or better, (SD -2)
Coordinated Services
• Complete structural permit Ready -to -Issue turnaround time of 4 days. (SD -1)
Code Enforcement
o Achieve 85% voluntary compliance in Code Enforcement cases. (SC -1)
o Resolve 75% of Code Enforcement cases within 12 months, (SC -1)
• Complete Code Enforcement Procedures Manual amendments. (SC -1)
Building Safety
• Achieve an average of 6-10 stops at different construction job sites per day for each Building
Inspector. Each stop may consist of multiple inspections. (SD -1)
• Achieve an average turnaround time on building plan reviews of 8-10 days. (SD -1)
Environmental Soils
• Issue new onsite septic system permits within 15 days of receiving a complete application. (SD -1)
• Achieve compliance with the ATT Operation and Maintenance (0 & M) reporting requirements of
95%. (HP -3)
Planning
• Issue all administrative (staff) decisions for land use actions requiring prior notice within 45
days of determination of complete application. (SD -1)
• Issue all administrative (staff) decisions for land use actions that do not require prior notice
within 21 days of determination of complete application. (SD -1)
• Coordinate with cities regarding growth management. (EV -1, EV -2, EV -3, EV -4, HP -1)
o Coordinate with the City of Bend to implement the Bend Airport Master Plan, (EV -2, EV -4)
o Coordinate with the City of Redmond to entitle a large lot industrial site. (EV -4)
o Re-evaluate agricultural land designations. (EV -2, SD -3)
o Complete Sisters Country Vision Plan in coordination with the City of Sisters and Central
Oregon Intergovernmental Council. (EV -2)
7
8
Meeting Target
) VVithin Range
Not Meeting Target
Code Enforcement
Ler
iirtlit
Target
Upper
Unlit
Compfiance
Rate
Score
Achieving Voluntary Compliance
Resolving Cases within 12 Months
75%
75%
85%
85%
100%
100%
85.7%
85,7%
' I
Building Division
Lower
Limit
Target
Upper
tint
A. Stops
Per Day
Score
Residential Building Inspections - Number of Stops Per Day
6/ Day
8 / Day
10 / Day
9.18
' I
Building Division
I -0702f
Limit
Target
Upper
Limit
Plan Reviews
Per Day
Score
Residential Plan Review - Average Number of Plan Reviews Per Examiner Per Day
2 i Day
3 / Day
4 / Day
2.5
' I
Environmental Soils Division
Lower
Limit
Targ
Upper
Limit
Days Toet
Issue Permit
Score
New System Permit Process Control - Turn Around Time in Days
5 Days
10 Days
15 Days
12.5
' I
Meeting Target
Within Range
Not Meeting Target
Coordinated Services
Lamer
Limit
Target
Upper
L'rm t
% Applied For
At Perrot Counter
Sadie
Percentage of Permits Applied For At The Permit Counter
605`.
40%
20%
70.1%
T
Building Division
Later
Limit
Target
Upper
Lir it
14 Applied Far
online
score
Percentage of Permits Applied For Electronically
20%
40%
60%
29.9'.1,
T
Building Division
Limit
Target
Limit
Electrons ^
a
Score
Percentage of Building Division Inspections Scheduled Electronically
50%
65%
3O%
63.7%
ns
Environmental Soils DivisioLOW
Limiter
Target
Upper
Limit
°e Applied For
°Nine
cadre
Percentage of Environmental Soils Division Permits Applied For Electronically
15%
35%
50%
8.5%
Environmental Soils Division
Law
Limit
UpperUFRer
Limit
F°Sdieduied
Electtonica ly
Score
Percentage of Environmental Soils Division Inspections Scheduled Electronically
35%
50%
6C%
54.9%
9
Meeting Target
ithin Range
Not Meeting Target
Planning Division
I-C4W1
Limit
Target
Upper
Limit
Number of Days
To Process
seem
Days To Process Administrative Determination Applications Without Prior Notice
Days To Process Administrative Determination Applications With Prior Notice
14 Days
30 Days
21 Days
45 Days
35 Days
60 Days
30.5
68.8
0
Building DivisionTarget
LOWer
Limit
Target
UppeT
Limit
NUM:el' Of Days
Ta Process
Sc.ce
Residential Plan Review Turnaround Time - Number of Days
2 Days
5 Days
8 Days
27.68
Building Division
Lower
Limit
Target
Upper
Limit
% Completed
On Time
Score
Inspection Request Completed By Inspector On Day Requested By Customer
90%
95%
100%
99.0%
Environmental Soils Division
Lover
Limit
Ta
Upper
Limit
% Competedrget
On Time
Score
Pre -Cover Inspection Request Completed By Inspector On Day Requested By Customer
90%
95%
100°A
97.4%
10
11
12
The Administrative Services Division provides oversight for all departmental operations and
facilities, human resources, budgets, customer services, technology and performance measures,
Administrative Services consists of the Community Development Director, Senior Management
Analyst, two Systems Analysts, and one Administrative Assistant.
13
14
15
16
The Coordinated Services Division provides services to customers at the main office in Bend, as
well as in the La Pine and Sisters City Halls. Staff work to ensure minimal wait times, provide
accurate information to the public and ensure the efficient operation of the front counter and
coordination among all divisions. Staff also perform basic building plan reviews. The Division
consists of an Administrative Manager, eight Permit Technicians and an Administrative Support
Technician°
17
18
19
20
The Code Enforcement Division is responsible for investigating code violation complaints associated
with land use, onsite wastewater disposal, building, and solid waste codes (by contract with the
Solid Waste Department). The program's overriding goal is to achieve voluntary compliance. If
necessary, citations are issued for prosecution in Circuit Court or before a Code Enforcement
Hearings Officer. The Code Enforcement program consists of three Code Enforcement Specialists
and one volunteer. The program is managed by the Coordinated Services Administrative Manager
and is supported by a law enforcement technician from the Sheriff's Department and operating
divisions.
The program continues to adapt to the County's challenges of growth and diversification,
incorporating new measures to ensure timely code compliance and the legalization of marijuana.
While voluntary compliance is the primary objective, an ever-growing number of cases require
further code enforcement action because of lagging correction or non-compliance. Through the
continuing development and refinement of Procedures for Administrative Civil Penalty, Code
Enforcement is obtaining expedited compliance from citations rather than court adjudication
resulting in greater cost recovery.
A disconcerting trend is the necessity for County abatement in some cases, In abatement, the
County affects the cure of violations with prioritization on cost recovery. Abatement action is
reserved for matters of chronic nuisance and public health and safety. In response to this trend,
Code Enforcement is closely coordinating with other County departments in the development and
enactment of abatement plans.
21
1000
900
800
700
600
500
400
Legend
00 Dense
Sparse
22
23
100%
90%
80%
70%
60%
50% -
40%-
30%
t Voluntary
Warning
Citation
9 Injunction
24
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
_86%__ �.
82%
2012
2013
2014
2015
2016
2017
2018
":130 Days
60 Days
is 180 Days
1 Year
25
26
27
28
r
The Building Safety Division administers and implements the state -mandated building codes
through a process of education and a clear and consistent application of the specialty codes, The
Division provides these services throughout the rural county, in the Cities of La Pine and Sisters,
and various services to Lake, Jefferson, Klamath and Crook counties, the Cities of Bend and
Redmond, and the State of Oregon Building Codes Division on an as -needed basis. The Division
consists of the Building Safety Director, Assistant Building Safety Official, three Commercial -
Residential Plan Reviewers and eleven Building Safety Inspectors.
29
1,600
1,400
1,200
1,000
800
600
400
200
2012 2013 2014 2015 2016
30
600
500
400
300
200
100
2012 2013 2014 2015 2016 2017 2018
Legend
NADense
Sparse
31
'
;
32
33
34
The Environmental Soils Division provides site evaluations, design review, permitting, inspection,
education and coordination with the Oregon Department of Environmental Quality (DEQ) for onsite
wastewater treatment and dispersal systems. Staff inspects sewage pumper trucks, reports on
the condition of existing wastewater systems, maintains an Operations and Maintenance tracking
system, provides the public with information on wastewater treatment systems and regulations,
and investigates sewage hazards. Staff are also engaged in the proactive pursuit of protecting the
groundwater in Deschutes County. The division consists of one Environmental Health Supervisor,
one Environmental Health Specialist II, two Environmental Health Specialist I Trainees, one On-call
Inspector and one Permit Technician,
35
36
1,800
1,600
11 1,400
1,200
1,000
800 -
600 -
-13%
2012 2013
+15%
2014
+27%
+4%
2015
2016
+15%
2017 2018
ammaszvamasomassammissommessassmsammmalvskassommemosamengsmassnammunnemmoss
Legend
Dense
Sparse
kA
37
',',(‘-(,—„,,',.- , ,l's, i ''',, -s•-,' , ,- ,/ i - z'' f; , ' , i , , ,.' L ', ,' :
, ( /
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38
(..‘f PH L.. (
39
40
6"1
The Planning Division consists of two operational areas: Current Planning and Long Range
Planning. The Division consists of 16 employees: a Community Development/Planning Director,
one Planning Manager, three Senior Planners, one Senior Transportation Planner, six Associate
Planners, four Assistant Planners, and one Administrative Assistant.
=
°
41
Current Planning
Responsible for reviewing land use applications for compliance with Deschutes County Code
(DCC) and state law, including zoning, subdivision and development regulations, and facilitating
public hearings with Hearings Officers and the BOCC. Staff is also responsible for verifying
compliance with land use rules for building permit applications and septic permits; coordinating
with Code Enforcement to respond to complaints and monitor conditions of approval for land
use permits; performing road naming duties and assisting with addressing; providing assistance
at the public information counter, over the telephone and via email; and addressing in the rural
County and City of Redmond, under contract.
t'l
, .
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/
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/
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•
Deschutes County
Comprehensive Plan
Comprehensive Plan Designations
Long Range Planning
Responsible for planning for the future of Deschutes County, including developing and
implementing land use policy with the BOCC, Planning Commission, community and partner
organizations. It is in charge of updating the County Comprehensive Plan and zoning regulations,
coordinating with cities and agencies on various planning projects taking place in the region,
including population forecasts with Portland State University and cities. Staff also monitors and
participates in annual legislative sessions, and serves on numerous local, regional and statewide
committees primarily focusing on transportation, natural resources, growth management and
economic development.
42
Transportation Planning
Provides comments and expertise on land use applications, calculates System Development
Charges (SDC's) as part of land use application review process or upon request; provides
comments to the County's Risk Management Department regarding traffic issues for permitted
events; participates in the annual County Capital Improvement Plan (CIP) process with the Road
Department; applies for grants for enhanced bicycle and pedestrian facilities in coordination
with the Bicycle and Pedestrian Advisory Committee (BPAC); participates in Oregon Department
of Transportation (ODOT) funded refinement planning; coordinates road issues with Bureau of
Land Management (BLM) and the United States Forest Service (USFS) for urban interface plans;
and serves on several local and regional transportation committees, most notably BPAC, the Bend
Metropolitan Planning Organization Technical Advisory Committee, and Central Oregon Area
Commission on Transportation Technical Advisory Committee (TAC),
*1111a
1*,041,
Floodplain & Wetlands Planning
Responsible for providing comments and expertise on land use applications, code enforcement,
and general property inquiries that require development, fill, or removal in mapped floodplain
and wetland areas. Staff maintains certification as an Association of State Floodplain Managers
(ASFPM) Certified Floodplain Manager to provide customers with up-to-date and accurate
information regarding FEMA regulations, surveying requirements, and construction requirements.
Coordination is frequently required with external agencies including FEMA, US Army Corps of
Engineers, Oregon Department of State Lands, Oregon Department of Fish and Wildlife, and the
US Forest Service.
43
1000
900
800
700
600
500
400
300
200
100
0
2012 2013 2014 2015 2016 2017 2018
Legend
Dense
Sparse
44
Highest Volume Applications
Lot Of Record Verifications (180)
Permit Sign -Offs (150)
Landscape Management (126)
Conditional Use Permits (96)
Landscape Management (128)
Property Line Adjustments (88)
Administrative Determinations (98)
Conditional Use Permits (88)
Administrative Determinations (84)
Property Line Adjustments (71)
Permit Sign -offs (80)
Lot of Record Verifications (78)
45
46
( c
'",-•,• . -•- '.•:' - 1 •••-\,. g
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47
FY 2018 Marijuana Land Use Applications
Number of Applications Application Type
r ucti
48
Applicant -Initiated Plan Amendment and Zone Change Applications
amendmentTwa and:Ione change Opp itationere7 eSignating,propertiee'zorie
,
Xeitisiye..,Farrn Use to Mtdtipe Lise;-14.griettlture:riaar-the.eastside-of Bend,
.:-.X•:.platt..,aMendtrientatittaconing!changer zoned
t 'd Transect
Zoneamendment, zone change, an ext amen rnent creating a es e
one west of Bend,
A Plan amendment re
. , Use
to Redolood,t
-d es
ignating a property zoned Exclusive Farm
UG8 for a large -lot industrial site
A.'.,Pirartamendryient rei4esignatirig::aprOpertyonett4CKIaiYe:,'.faren:,.'.--tieeto;Redrnorrdf'..
UGB for County Fairgrounds expansion and the Oregon Mifltary Department
49
50
51
Rig Sky Park Expansion
rewery and Tasting Room
Church (2 applicatins)
on -Farm Dwelling
Partition
Declaratory Ruling (2 applicati ns)
Partition / Ntn-Farm Dwelling
Plan mendment / Zone Changes (4
applications)
Farm Dwelling
Lot Line Adjustment / Replat
Marijuana Retail Operation
Medical Hardship Dwelling
eplacement Dwelling
Thornburgh Destination Resort Tentative
Plat / Site Plan
Utility Facility
West Side Transect
52
Board of County Commissioners L Land Use Hearings
Application Type Appeals
Big Sky Park Expansion
Caldera Springs Destination Resort LUBA Remand
Churches (2 applications)
Marijuana Pr. duction (10 applications)
Minor Partition / Non -Farm Dwelling
Non -Fara Dwelling
Nan Amendment / Zone Change (SM t. MUA®10)
Sisters Airport Taxiway / Dy:claratory Ruling
Water Ski Lake / Cluster Development
Noise Variance
Outdaor Mass Gathering Permits (2 applications)
Plan Amendment / Zone Change (EFU to MUA-10)
Westside Transect Zone
53
Applications Appealed to LUBA
Bed and Breakfast and Campground
Caldera Springs Destinati n Resort LUBA Rema
Church
Lot of R - cord
Flood Plain Amendments (staff initiated)
Marijuana Code Amendments (staff initiated)
Marijuana Production (subsequently withdrawn)
Non -Farm Dwelling (2 applicatins)
Rural Commercial / Rural Industrial Plan Amendments (staff initiated)
Thornburgh Destinatin Resort Final Master Plan
Thornburgh Destination Resort Tentative Plat ! Site Plan
Water Ski Lke / Cluster D velpment
Wildlife Area Combining Zone Text Amendments (staff initiated)
54
55
Bicycle and Pedestrian Advisory Committee
• BPAC met ten times, commenting on regional Transportation System Plan updates, Oregon
State Park master plans, and Oregon Department of Transportation projects.
Oregon Department of Transportation
• Participated in Terrebonne Refinement Plan TAC; Parkway Refinement Plan TAC, Wickiup
Junction Refinement Plan (with City of La Pine)
City of Bend
• Participating with Transportation System Plan (TSP) Update; Bend MPO Regional
Transportation Plan (RTP) Update.
• Discussed with City staff the West Side Transect, a cluster development concept for lands
located west of Bend adjoining the Urban Growth Boundary (UGB). The Board approved the
Transect in January 2019.
City of La Pine
• Reviewed land use applications for effects on county road system.
• Participated in Wickiup Junction Refinement Plan (review Review Request for Proposals), work
to begin in 2019).
56
1;)
Kyt
City of Sisters
• Coordinated with the City of Sisters, Oregon Department of Aviation, Sisters Airport and Eagle
Air Estates regarding the taxiway and the process related to a State "recognized" airport.
• Coordinated with the City of Sisters, consultants, and community members in the
development of the Sisters Country Vision Plan.
• Coordinated with the City of Sisters regarding updates to their TSR
City of Redmond
• Coordinated with the City of Redmond regarding a site owned by the Oregon Department of
State Lands (DSL) adjoining its UGB as a plausible location for a regional large -lot industrial
campus. DSL initiated a City/County UGB plan amendment in September.
• Coordinated with the City of Redmond, Property and Facilities and DSL regarding a site owned
by DSL adjoining its UGB as a plausible location Fairground expansion and Oregon Military
Department training site. DSL initiated a City/County UGB plan amendment in September.
. Coordinated with the City of Redmond regarding updates to their TSP.
6 Coordinated with the City of Redmond and Property and Facilities on an application adjusting
the Redmond UGB. An application is expected in 2019.
57
Background
Statewide Planning Goal 1, Citizen Involvement, requires cities and counties to create a citizen
involvement program that provides opportunities for community participation in land use
planning processes and decisions. Land use legislation, policies and implementation measures
made by Oregonians over 40 years ago helped shape Oregon's urban and rural environments.
Likewise, choices made today will ultimately shape these areas in the future. Successful land
use planning occurs through an open and public process that provides room for information
gathering, analysis and vigorous debate Deschutes County's Community Involvement program
is defined in Section 1.2 of the Comprehensive Plan. This chapter identifies the County Planning
Commission as the committee for citizen involvement. It also contains the County's Community
Involvement goal and corresponding five policies that comply with Goal 1.
This report briefly discusses the noteworthy community involvement actions undertaken by the
Planning Division in 2018. The report is intended to provide county residents and stakeholders
with a tool to assess its effectiveness and offer additional suggestions the County can utilize to
ensure that its diverse communities remain actively involved in land use planning discussions.
58
Marijuana Regulatory Assessment
Meetings that informed the content of the report included:
• BOCC panel discussions (noticed public meetings)
• Staff focus groups
• Stakeholder interviews
• Public comments, written and online survey
• Marijuana operations annual reporting
Historic Landmarks Com
fission
The Historic Landmarks Commission convened 9 times in 201 8 to consider:
• Alterations to Historic Structures (Sottong House)
• Central Oregon Canal Nomination to the National Register of Historic Places
• Certified Local Government Grant
• Cline Falls Power Plant Kiosk
• Historic Preservation Month
o Heritage Barn Workshop with Restore Oregon
o Paulina Lake Cabins Restoration
o Planning Division Draft FY 2018-2019 Annual Work Plan
o Sisters Country Historic Resources Inventory
o Vandevert Cabin
59
Planning Commission
The Planning Commission convened 15 times in 201 8 to consider:
• Code Enforcement and Land Use
• Destination Resort Overnight Lodging Unit Tracking
• Flood Plain Amendments
• Housekeeping Amendments
• Marijuana Amendments
• Non -Resource Lands Draft Scope of Work
• Planning Division Draft FY 2018-2019 Annual Work Plan
• Rural Commercial and Rural Industrial Designation Text Amendments
• Subdivision Access Text Amendments
• Water Resource Panels (Hydrology of Upper Deschutes Basin, Environmental Impacts,
Agricultural Water Consumption and Efficiency and Projections and Planning)
• Wildfire Mitigation Standards
60
61
Community Development
Department.
Introduction
Elected & Appointed Officials
Office Locations
Overview
Organization & Budget
Key Issues
Population Growth
Goals & Objectives
Performance Measures
Divisions & Services
Staff Directory
3
4
5
7
8
3
10
12
13
32
Mission Statement
The Community Development Department facilitates orderly growth and development in
the Deschutes County community through coordinated programs of Land Use Planning,
Environmental Soils, Building Safety, Code Enforcement, education and service to the public.
Purpose
The FY 2019-20 Work Plan highlights the department's goals and objectives and is developed to:
• Implement the Board of County Commissioners' (BOCC) goals and objectives.
• Implement the Deschutes County Customer Service "Every Time" Standards.
• Effectively and efficiently manage organizational assets, capabilities, and finances.
• Fulfill the department's regulatory compliance requirements.
• Enhance the County as a safe, sustainable, and highly desirable place to live, work, learn,
recreate, visit, and more.
• Address changes in state law.
Summaries of CDD's performance measures are provided in each division's section.
Adoption
The BOCC adopts the Work Plan after considering public, stakeholder and partner organization
input, and Planning Commission and Historic Landmarks Commission recommendations. The
Work Plan often includes more projects than there are resources available. CDD coordinates
with the BOCC throughout the year to prioritize and initiate projects. Projects not initiated are
often carried over to future years.
3
Board of County Commissioners
Philip G. Henderson, Chair
Patti Adair, Vice Chair
Tony DeBone
County Administration
Tom Anderson, County Administrator
Erik Kropp, Deputy County Administrator
Planning Commission
Dale Crawford - At Large (Chair)
Maggie Kirby - Bend Area (Vice Chair)
Jim Beeger - Bend Area
Les Hudson - At Large
Jessica Kieras - Redmond Area
Hugh Palcic - South County
Steve Swisher - Sisters Area
Historic Landmarks Commission
Chris Horting-Jones, Chair - Unincorporated
Sharon Leighty, Vice Chair - Unincorporated
KeIIy Madden - Ex -Officio
Bill Olsen - Pioneer Association
Dennis Schmidling, Secretary - City of Sisters
Rachel Stemach - Unincorporated
Hearings Officers
Liz Fancher
Gregory J. Frank
Stephanie Hicks
Dan Olsen
Will Van Vactor
Bicycle and Pedestrian Advisory Committee
Dave Thomson - Chair
Christopher Cassard - Vice Chair
Morgan Crowell
Katie Hammer
Sam Handelman
Wendy Holzman
Katrina Langenderf
Ann Marland
Rick Root
David Roth
Mark Smith
4
Main Office
117 NW Lafayette
Avenue
Bend, OR
Mon, Tues, Thurs, Fri,
8:00AM - 5:00PM
Wed, 9:OOAM - 5:OOPM
Sisters City Hall
520 East Cascade
Avenue
Sisters, OR
Tuesday,
9:00AM - 4:00PM
La Pine City Hall
16345 Sixth Street
La Pine, OR
Thursday,
9:OOAM - 4:OOPM
5
The Community Development Department (CDD) consists of Administrative
Services and five divisions which provide coordinated planning and development
services. The divisions include the following:
ADMINISTRATIVE SERVICES
Provides oversight for all departmental operations and facilities, human
resources, budget, customer service, technology and performance
measures. Systems Analyst staff are responsible for the integration of
technology across all CDD divisions and coordinates with
the cities as well as providing direct service to the public via
application training and support, web -based mapping, reporting
services and data distribution.
COORDINATED SERVICES DIVISION
Provides coordination of permitting and "front
line" direct services to customers at the main
office in Bend and at the La Pine and Sisters City
Halls,
ENVIRONMENTAL SOILS DIVISION
Regulates on-site wastewater treatment systems
(septic) and monitors environmental factors for
public health and resource protection.
PLANNING DIVISION
The Planning Division is separated into
two operational areas, Current and Long Range
Planning° Current Planning processes individual
land use applications and provides information to
the public on all land use related issues. Long Range
Planning addresses the future needs of the community through updates to the
comprehensive plan, changes to County Code and other special projects.
BUILDING SAFETY DIVISION
Provides construction plan reviews, consultation and inspections to assure compliance with
federal and state building codes in the rural County and cities of La Pine and Sisters.
CODE ENFORCEMENT DIVISION
Code enforcement is responsible for investigating code violation complaints to ensure
compliance with each of the codes and statutes administered by CDD, and provides direct
service on contract to the City of La Pine for solid waste violations.
6
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Administration
Planning
DWision
Building Safety &
Electrical Division
Environmental Soils
Division
Coordinated
Services
101111112
Year FY 2016 FY 2017 FY 2018 FY 2019 FY 2020
Total FTE's
FY 20161 FY 20172 FY 20183
Resources
Requirements
$7,213,683 $8,420,357
$7,213,683
$8,420,357
$8,978,919
$8,978,919
$10,657,457
$10,750,824
$10,657,457
$10,750,824
7
Key CDD fiscal issues and operational challenges in FY 2019-20 are summarized below, as well as
emerging departmental and community issues.
Operational Challenges and
Opportunities
• Maintaining high customer
service levels with appropriate
staffing levels.
• Responding to new regulations
and laws as outcome of 2019-20
legislative sessions.
• Processing complex and
controversial land use
applications and decisions and
code enforcement cases.
• Preparing for workforce turnover
through succession planning and
staff retention strategies.
• Addressing affordable housing.
• Improving website, development
statistics, and other reports.
8
Fiscal Issues
o Ensuring costs are accounted for and recovered
through fees and other revenue sources, per
the adopted budget.
• Ensuring financial stability and ongoing
operations through establishing a long term
financial plan.
Emerging Issues
o Managing population growth and demographic
changes.
• Addressing a growing need for affordable
housing.
• Preserving and protecting natural resources,
water quality and quantity.
• Improving transportation systems.
• Anticipating new economic and agricultural
opportunities.
• Maintaining and enhancing a high quality of life.
• Reducing natural hazard risks and preparing for
disaster resilience.
• Planning for healthy and safe communities.
o Regional planning, coordination, and
partnerships.
• Expanding recreational opportunities.
• Facilitating access to health care and higher
education.
500,000
450,000 -
400,000
350,000
300,000
250,000 -
200,000
150,000
100,000
50,000
432,930
385,803
334,042
289,225
244,018
115,367
62,142 74,958
•
23,100 30,442
1960 1970 1980 1990 2000 2010 2018 2020 2030 2040 2050 2060 2068
2000 2010 *AAGR
(2000-2010)
Deschutes
County
116,277 157,905 3.1 %
*AAGR 2043 2068
(2010-2018)
188,980 2.3%
432,930 432,930
Bend
52,163
77,010
4.0%
89,505
1.9%
162,336
255,291
Redmond
15,524
26,508
5.5%
29,190
1.2%
51,617
82,575
Sisters
961
2,038
7.8%
2,725
3.7%
5,169
8,431
La Pine
899
1,653
63%
1,840
1.3%
3,954
5,894
Unincorporated
45,280
AAGR: Average Annu;
50,524
1.0%
65,720
3.3%
79,236
80,739
9
Board of County Commissioners: Fiscal Year 2019-20 Goals & Objectives
040111111111111,101fingittionagembionmammingWANESAWNENOMERSIONSINSIMIORN,,,,,,,,,,,z
ECONOMIC VITALITY (EV)
Promote policies and actions that sustain
and stimulate economic vitality.
1. Support affordable housing options
through availability of lands and
appropriate regulation.
2. Administer land use programs that
promote livability, and sustainability.
3. Maintain a safe, efficient and sustainable
transportation system.
4. Partner with organizations and manage
County assets to attract business
development, tourism, and recreation.
SERVICE DELIVERY (SD)
Provide solution -oriented service that is
cost effective and efficient.
1. Ensure quality service delivery through
the use of innovative technology and
systems.
2. Support and promote Deschutes County
Customer Service "Every Time" Standards.
3. Promote community participation and
engagement with County government.
4. Preserve and enhance capital assets and
strengthen fiscal security.
5, Provide collaborative internal support for
County operations.
10
SAFE COMMUNITIES (SC)
Protect the community through
planning, preparedness and delivery
coordinated services.
1. Provide safe and secure communities
through coordinated public safety
services.
2. Reduce crime and recidivism through
prevention, intervention, supervision
and enforcement.
3. Collaborate with partners to prepare
for and respond to emergencies and
disasters.
gaggsgissingegm,;igionmeggeolsomogNIP!!!!!!!!!!!!!!Etttlialp
HEALTHY PEOPLE (HP)
Enhance and protect the health and
well being of communities and their
residents.
1 Support and advance the health
and safety of Deschutes County's
residents.
2. Promote well-being through
behavioral health and community
support programs.
3. Help to sustain natural resources
in balance with other community
needs.
11
The Community Development Department's FY 2019-20 goals are reflected in the performance
measures below. These performance measures strategically and comprehensively align CDD's
operations with the Board of County Commissioners' (BOCC) FY 2019-20 Goals and Objectives
and the County's Customer Service "Every Time" Standards.
The performance measures address service delivery expectations from the perspective of CDD's
customers; ensures the department fulfills its regulatory compliance requirements; effectively
manages the organization's assets, capacities, and finances; and preserves and enhances the
County as a safe, sustainable, and desirable place to live, visit, work, learn and recreate.
Each CDD performance measure implements the BOCC's FY 2019-20 goals and objectives.
For example, the CDD performance measure to "achieve 85% voluntary compliance in Code
Enforcement cases" implements the BOCC's Safe Communities Objective 1 to provide safe and
secure communities through coordinated public safety and services coordinated public safety
and services and will include the reference "SC -1". Specific performance measures for each
individual division within CDD are listed in the following sections.
The following performance measures are related to all Community
Development Department Divisions:
12
Administrative Services
The Administrative Services Division provides oversight for all departmental operations and
facilities, human resources, budgets, customer services, technology and performance measures.
Administrative Services consists of the Community Development Director, Senior Management
Analyst, two Systems Analysts, and one Administrative Assistant.
Complete CDD lobby security camera installation to improve safety
and customer service.
• Implement CDD Information Technology strategic plan.
• Update CDD website, including division and project webpages.
• Expand CDD's new weekly and monthly reporting, including a new
web -based Monthly Summary Report to communicate department
news, development statistics and performance measure results.
• Develop statistical and performance related dashboards for a web -
based display of key performance indicators of the department.
• Implement a new customer queue management software for tracking
CDD customer wait times, purpose of visit and performance metrics.
13
6
14
Explore expanding the Planning Division's webpage to provide more
information about land use public nearings and opportunities for
the public to submit comments on pending applications.
Develop a response plan to accommodate a major disaster and
facilitate recovery.
Construct an application to display alert messages received when
online permits have been submitted, payments have been applied
or documents have been uploaded to online oermits.
Initiate a Master Electrical Permit Program for commercial and
industrial construction. This program will promote electrical safety
and implement a more efficient procedure for handling repair,
alteration or replacement of existing electrical products in qualified
facilities.
Coordinated Services
The Coordinated Services Division provides services to customers at the main office in Bend, as
well as in the La Pine and Sisters City Halls. Staff work to ensure minimal wait times, provide
accurate information to the public and ensure the efficient operation of the front counter and
coordination among all divisions. Staff also perform basic building plan reviews. The Division
consists of an Administrative Manager, eight Permit Technicians and an Administrative Support
Technician.
(i.Lr`k0
Continue to coordinate and conduct public outreach and education
on Accela and related elements to increase customer use of
ePermitting and encourage online submittal of applications for
participating jurisdictions.
• Continue to monitor customer and permit volumes in the City of La
Pine and City of Sisters to ensure resources are allocated to those
locations ensuring customers are served in a timely and
efficient manner.
• Increase customer and public education on Accela and online permi
applications in coordination with System Analyst staff to achieve
performance measures.
• Continue to explore options to improve efficiencies for permit
application submittals.
• Work with the City of La Pine Community Development Director
to improve efficiencies for reviewing building permit applications,
issuance of complex permits, and issuance of Certificates of
Occupancy for properties located within the city limits.
15
)
Continue to cross train permit technicians to perform simple plan
reviews and participate in statewide Permit Technician training
programs and Central Oregon Planners Network Training.
Utilize the Alert Report App in order to increase efficiency in
processing online submittals.
Implement the Master Electrical Permit Program and provide
education to electrical professionals regarding the updated process.
• Continue to work with the City of Sisters to improve efficiencies in
review of permit applications and issuance of those permits.
• Serve on statewide and regional ePermitting committees, participate
in the national Accela conference, and pursue other opportunities to
ensure Acceta meets Deschutes County's needs.
16
Code Enforcement
The Code Enforcement Division is responsible for investigating code violation complaints
associated with land use, onsite wastewater disposal, building, and solid waste codes (by
contract with the Solid Waste Department). The program's overriding goal is to achieve voluntary
compliance. If necessary, citations are issued for prosecution in Circuit Court or before a
Code Enforcement Hearings Officer. The Code Enforcement program consists of three Code
Enforcement Specialists and one volunteer, The program is managed by the Coordinated Services
Administrative Manager and is supported by a law enforcement technician from the Sheriff's
Department and operating divisions.
The program continues to adapt to the County's challenges of growth and diversification,
incorporating new measures to ensure timely code compliance and the legalization of marijuana.
While voluntary compliance is the primary objective, an ever-growing number of cases require
further code enforcement action because of lagging correction or non-compliance. Through the
continuing development and refinement of Procedures for Administrative Civil Penalty, Code
Enforcement is obtaining expedited compliance from citations rather than court adjudication
resulting in greater cost recovery.
A disconcerting trend is the necessity for County abatement in some cases. In abatement, the
County affects the cure of violations with prioritization on cost recovery. Abatement action is
reserved for matters of chronic nuisance and public health and safety. In response to this trend,
Code Enforcement is closely coordinating with other County departments in the development and
enactment of abatement plans,
Administer the Volunteer Program, focusing on reviewing temporary
land use approvals for medical hardships, which require the submittal
of annual reports, and similar cases.
In cooperation with the Building Safety Division, participate in the
development of a text amendment on the County Outdoor Lighting
Ordinance. The amendment will update tables to include compact
florescent lighting and LED options.
17
1'1,1 rt
Consider proactive review and enforcement of non-compliance with
land use decision's conditions of approval.
Create a tracking system for code enforcement cases submitted and
i
processed as part of the land use application process. Submit report
to the BOCC n early 2019.
Refine property abatement process to cure violations.
Continue proactive efforts to investigate illegal second dwellings,
review temporary use permits, and follow up on
replacement dwellings.
Continue to establish relationships with homeowners' associations
or other interested groups, including offering to speak at meetings
to share information and enforcement operating procedures.
Survey other jurisdictions and incorporate innovative enforcement
practices where appropriate. This effort includes direct involvement
with the Oregon Code Enforcement Association (OCEA) conference
participation and networking.
Continue to utilize the inmate work crews to resolve solid waste
cases where the property owner is unable to comply with County
Code due to medical issues.
18
)
Continue to coordinate with the Sheriff's Office, District Attorney,
Legal Counsel, and Planning staff to track, process, and resolve
marijuana complaints in a timely fashion and revisit the approach to
marijuana code violations with the BOCC.
Update the Code Enforcement Policy and Procedure Manual and
County Code, if applicable, to implement:
- BOCC direction on the approach to marijuana code enforcement and
associated procedures to process violations.
- Land Use procedures code amendments.
- Other housekeeping amendments to reflect business practices.
19
Building Safety
The Building Safety Division administers and implements the state -mandated building codes
through a process of education and a clear and consistent application of the specialty codes. The
Division provides these services throughout the rural county, in the Cities of La Pine and Sisters,
and various services to Lake, Jefferson, Klamath and Crook counties, the Cities of Bend and
Redmond, and the State of Oregon Building Codes Division on an as -needed basis. The Division
consists of the Building Safety Director, Assistant Building Safety Official, three Commercial -
Residential Plan Reviewers and eleven Building Safety Inspectors.
Manage staffing resources to meet increased business demands,
particularly in plan review.
Continue succession planning, cross -training, and technology
investments to maintain and improve efficiencies.
Coordinate with State and County staff to promote and educate
customers on how to apply for permits and inspections online.
Participate in public, community, and customer -specific education and
outreach efforts.
Continue to serve in regional and statewide leadership positions to
support Deschutes County and Central Oregon interests.
20
21
Enviornmental Soils
The Environmental Soils Division provides site evaluations, design review, permitting, inspection,
education and coordination with the Oregon Department of Environmental Quality (DEQ) for
onsite wastewater treatment and dispersal systems. Staff inspects sewage pumper trucks,
reports on the condition of existing wastewater systems, maintains an Operations and
Maintenance tracking system, provides the public with information on wastewater treatment
systems and regulations, and investigates sewage hazards. Staff are also engaged in the
proactive pursuit of protecting the groundwater in Deschutes County. The division consists of
one Environmental Health Supervisor, one Environmental Health Specialist II, two Environmental
Health Specialist I Trainees, one On-call Inspector and one Permit Technician.
Increase electronic permit submittal and inspection scheduling
through outreach and education of customers, particularly
licensed professionals.
• Continue working with the DEQ on permitting protective onsite
wastewater systems in South Deschutes County. Re -visit current
policies with DEQ staff including a hydrologist, and determine best
protective policies moving forward.
• Participate as a member of the Technical Review Committee for the
DEQ onsite wastewater treatment system program and provide
advice on rulemaking proposals, particularly advanced treatment
systems that will have impacts to environmentally sensitive areas of
Deschutes County.
• Continue coordination with the City of Bend and DEQ regarding the
southeast sewer interceptor and sewer expansion, and the impact on
homeowners with onsite wastewater systems.
22
Participate in the Upper Deschutes Agricultural Water Quality
Management Area Local Advisory Committee.
• Prioritize addressing sewage health hazards and protecting public
health and the environment.
• Increase staff involvement in a broader variety of Environmental
Health related conferences, seminars and workshops to provide
new learning opportunities and encourage professional
development and new connections beyond the onsite program.
• Participate with DEQ in the pursuit of groundwater protection
solutions and possible implementation of the Southern
Deschutes/Northern Klamath Groundwater Protection Steering
Committee recommendations.
• Provide financial assistance opportunities to South Deschutes
County property owners who do not qualify for conventional
loans to upgrade onsite systems to nitrogen reducing pollution
reduction systems (Nitrogen Reducing System Rebates and the
Neighborlmpact Non -conforming Loan partnership).
• Develop and publish a quarterly newsletter for Installers.
• Participate in the City of Bend Storm Water Public Advisory Group.
• LONG TERM PROJECT:
- Update the DEQ contract for the Onsite Wastewater Treatment
System Program to be more consistent with current rules and
requirements (the current contract dates from 1981).
23
24
Planning
The Planning Division consists of two operational areas: Current Planning and Long Range
Planning. The Division consists of a Community Development/Planning Director, one Planning
Manager, three Senior Planners, one Senior Transportation Planner, six Associate Planners, four
Assistant Planners, and one Administrative Assistant.
25
26
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,,,,,,,,,,,:t!.,ma,„!ry!ymsp,,,F,,x,,,,N,!usmsmgagsksisasnss,ssoggmmtsmstggtgKefftanig$Nfp,ppyklfsggosita.k
LEGISLATIVE TEXT AMENDMENTS:
- Amend county code to allow churches consistent with the federal
Religious Land Use and Institutionalized Persons Act (RLUIPA) and
sign code laws.
- Amend county code to allow day care, nurseries, and childcare
facilities from a conditional use permit to a use permitted outright
(subject to site plan review).
- Amend nonfarm dwelling code to be consistent with state law.
- Amend the minor variance 10% lot area rule for farm and forest
zoned properties.
- Amend county code to define when replatting is required.
TRANSPORTATION:
- Continue to coordinate with the City of Bend to amend the County's
Comprehensive Plan and Development Code to allow new airport -
related businesses at the Bend Airport through a streamlined
permitting process.
- Initiate County Transportation System Plan (TSP) update in
coordination with County Road Dept. if funded by the Oregon Dept.,
of Transportation.
- Serve on the US 97 Parkway facilities management plan technical
advisory committee.
- Participate in the County Road Dept's Transportation Safety Action
Plan (TSAP) process.
- Initiate amendment to DCC 17.16.105 and related code sections
regarding access requirements to rural subdivisions.
- Serve on Wickiup Junction Refinement Plan, Terrebonne
Refinement Plan, US 20/Cook-OB Riley Tumalo, and Redmond
technical advisory committees.
27
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• NONPRIME RESOURCE LANDS: Complete comprehensive plan
amendments to establish eligibility criteria for designating Exclusive
Farm Use or Forest Use zoned properties to Nonprime Resource
(NPR) Lands defined in OAR 660-004-0005(3) as "Non Resource Lands.
Criteria also identify opportunities to re -designate six specific areas
committed to residential uses that were platted or conveyed prior to
State enabling planning legislation taking effect in Deschutes County.
Upon adoption of the NPR Lands policies, Deschutes County will
initiate legislative amendments for two zones: a NPR -10 zone that
applies solely to the six areas committed to residential uses, and a
NPR -20 zone for all other eligible lands subject to a
quasi-judicial application.
• COMMUNITY & AREA PLANS: Participate in the implementation of
Sisters Country Horizons Plan and Redmond Comprehensive Plan
Update. Engage Tumalo, Terrebonne, and Newberry Country residents,
to determine if community plans, goals, and policies meet the current
and future needs of the area, and determine community interest
and readiness for a community plan update. Only one or two such
planning efforts may be initiated each fiscal year.
• GROWTH MANAGEMENT COORDINATION: Coordinate with
cities, County departments, state agencies, federal agencies and
organizations to develop and implement growth management plans,
joint management agreements, natural hazard mitigation planning,
and cooperative agreements.
28
AFFORDABLE HOUSING: Process City of Bend and City of Redmond
UGB amendments to implement Affordable Housing Pilot Project(s)
and amend comprehensive plan. Participate in state legislative
committee(s), and consider implementation if rural ADUs are allowed.
OUTDOOR MASS GATHERING PERMIT AMENDMENTS: Consider
amending Deschutes County Code 8.16 pertaining to Outdoor Mass
Gatherings in coordination with County Legal Counsel if resources
are available.
HISTORIC PRESERVATION --CERTIFIED LOCAL GOVERNMENT (CLG)
GRANT: Administer FY 2019-20 CLG Grant, including coordinating
with the Historic Landmarks Commission and City of Sisters on
prioritized items noted in the grant.
• PLANNING COMMISSION & HISTORIC LANDMARKS COMMISSION
POLICY & PROCEDURES MANUALS: Develop policy and procedures
manuals for the Planning Commission and Historic Landmarks
Commission with sub -committees of each body. The purpose of the
manual is to provide a helpful reference guide pertaining to each
commission's unique purpose, authorities, roles, decision making
processes, applicable laws/regulations and documents, public meeting
requirements, etc.
• RESEARCH AND EVALUATE DUST MITIGATION REGULATIONS: TBD.
• NATURAL, HAZARDS: TBD.
29
••••••' „A,. • • - •
ONGOING ANNUAL PROJECTS:
- Conduct joint meeting / tour(s) with BOCC and
Planning Commission.
- Complete housekeeping and legislative text amendments to ensure ,
County Code complies with state law. Consider implementing
legislative amendments stemming from laws enacted by the
2019/20 Oregon Legislative Session.
- Population Forecast: Coordinate with the County Assessor and
Administration Office to complete the Portland State University,
Population Research Center, annual Housing Unit and
Population Questionnaire.
• TRACKING SYSTEMS: DEVELOP, MAINTAIN, AND IMPROVE
TRACKING SYSTEMS FOR:
- Comprehensive Plan and Community/Area Plan implementation
activities, updates, necessary revisions, and potential areas for
new plans.
- Destination Resort overnight lodging units.
- Limited Use Permits: Agri -tourism and other commercial events
and activities.
- Marijuana Annual Reports.
- Non-farm dwellings.
- Medical Hardships.
- Conditions of Approval, as necessary.
30
31
Name
Title
Phone
Email
32
Name
Title
Phone
Email
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33
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Nick Lelack, AICP, Director
DATE: May 21, 2019
SUBJECTS: Community Development Department (CDD) Work Plan for Fiscal Year (FY) 2019-20
I. SUMMARY / OVERVIEW
The purpose of this work session is to prepare the Board of County Commissioners (Board) for a public
hearing on Wednesday, June 12, 2019 on the draft Community Development Department (CDD) 2018
Annual Report and Work Plan for FY 2019-20. (Attachment 1)
Each spring, CDD prepares an annual report describing accomplishments from the prior calendar year and
proposed work plan for the next fiscal year. The work plan describes the most important objectives and
proposed projects in each CDD division based on:
1. Board annual goals and policies;
2. Carry-over projects from current or prior years;
3. Public comments;
4. Changes in state law; and
5. Grants/funding sources.
It also serves as the context within which new projects that arise during the course of the year are
prioritized and undertaken. CDD division managers will briefly highlight 2018 accomplishments and 2019-
20 work plan projects at this work session.
The Annual Report and Work Plan format and content improves slightly each year. Two notable changes this
year include:
1. The Annual Report and Work Plan are separated into two documents. The reason is to simplify both
documents — summarize all accomplishments in one report and to establish the Work Plan as a stand-
alone document that can be readily referenced when making decisions about projects to initiate when
capacity becomes available.
2. The Annual Report includes performance measure results from the calendar year to inform the Board,
appointed bodies and public, and significantly more photographs, charts and graphs to improve the user-
friendliness of the document.
II. PLANNING COMMISSION REVIEW, OPEN HOUSES & RECOMMENDATION
The Planning Commission conducted three open houses in La Pine, Bend and Sisters last month to invite
public comments on the draft Planning Division Work Plan. Most residents participating in the open houses
provided comments on the proposed Non -Prime Resource (NPR) Lands project. The most common comment
on both the NPR and work plan proposals requested County financial and other assistance in maintaining
rural roads, particularly those in road districts.
In addition to the open houses, the Central Oregon Association of Realtors (COAR) submitted a letter to the
Board supporting several projects and services in the draft Work Plan (Attachment 2). The City of Redmond
submitted an email to staff requesting County participation in its Comprehensive Plan update and
coordination with the implementation of the affordable housing pilot project.
On May 9, the Planning Commission unanimously recommended approval of the Work Plan as proposed with
a notation to correct a couple of typos.' One of the key discussion points was the carrying over of several
existing projects to the new fiscal year, such as the floodplain and marijuana text amendments, NPR Lands
project, Sisters Country Horizons Vision Plan implementation, and ongoing discussions over whether to adopt
wildfire hazard mitigation land use and/or building standards.
The Commission asked when new projects may be initiated. Staff replied that initiating new projects would
depend on the timing of completing the carry over projects (listed above), the Board's decision on whether
to initiate land use and/or building wildfire hazard mitigation standards, and the outcome of the Legislation
Session pertaining to rural ADUs and other Board priorities. The Commission expressed particular interest in
the County initiating the Transportation System Plan (TSP) Update given the current and projected population
growth trends.
Staff also stated that the City of Bend may accelerate its Bend Airport Federal Aviation Administration (FAA)
Master Plan Update and the associated amendments to implement this update in the County's
Comprehensive Plan and Development Code.
III. HISTORIC LANDMARKS COMMISSION REVIEW & RECOMMENDATION
The HLC conducts a work session on the proposed Planning Division work plan each year. On April 1, the
HLC recommended approval of the proposed 2019-20 Work Plan. The historic preservation element of
the work plan is generally captured in the Certified Local Government (CLG) grant projects.
IV. BOARD DECISION/DIRECTION
This is a discussion item only to prepare the Board for their June 12 public hearing.
Attachments:
1. 2018 Annual Report and draft FY 2019-20 Work Plan
2. Central Oregon Association of Realtors Letter
1 Staff will make these typos in the public hearing draft to be submitted to the Board the week of June 3, 2019.
-2-
ii
VUUR VOICE IN REAL ES ATE.
April 29, 2019
Deschutes County Board of Commissioners
1300 NW Wall Street
Bend, OR 97703
Re: CDD Work Plan for Fiscal Year (FY) 2019-20
Dear Chair and Commissioners,
Central Oregon Association of EfEALLORSiE &
Multiple Listing Service of Central Oregon
2112 NE frifll Street, Benci C)R 97701
Phone: 541.382.60::7
Fax: 54 1. ;113.3020
Email: info@coar.CO0I
On behalf of the Central Oregon Association of REALTORS® (COAR) — representing nearly 1,800
real estate professionals in Deschutes County — thank you for the opportunity to comment on
the Community Development Department (CDD) Work Plan for Fiscal Year (FY) 2019-20.
We are writing to express support for the following projects and objectives for FY 2019-20:
• [Environmental Soils] Continue coordination with the City of Bend and DEQ regarding
the southeast sewer interceptor and sewer expansion, and the impact on homeowners
with onsite wastewater systems - The state's "300 -foot rule" has the potential to burden
homeowners with significant conversion costs. The City of Bend's Citywide Septic -to -
Sewer Conversion Program has provided needed flexibility and options to affected
homeowners, while remaining compliant with DEQ's rules. We support the County's
ongoing efforts to work with the City of Bend around fair solutions that minimize the
impact on homeowners.
• [Planning] Nonprime Resource Lands: Complete comprehensive plan amendments to
establish eligibility criteria for designating Exclusive Farm Use or Forest Use zoned
properties to Nonprime Resource (NPR) Lands defined in OAR 660-004-0005(3) as "Non -
Resource Lands..." - In an environment in which demand is outstripping supply and
significant housing needs exist, it is prudent to re-evaluate agricultural and forest lands
that are not viable for their designated purpose to determine if they represent
opportunities for other uses. We support the County's proposal to re -designate six
specific areas committed to residential uses that were platted or conveyed prior to State
enabling planning legislation taking effect in Deschutes County.
• [Planning] Process City of Bend and City of Redmond UGB amendments related to
implementation of Affordable Housing Pilot Project(s) and amend our comprehensive
plan. Participate in state legislative committee(s). Consider implementation in FY 2019-
20 if rural ADUs are allowed - COAR is an advocate for sound policies and incentives to
n:
Central Oregon Association of REALTORS" 1 2112 NE 4- Street Bend OR, 97701 1 Phone: 54 382.6027
YOUR VOICE IN REAL ESTATE.
Central Oregon Assodation of REALTORS' " &
Multiple Listing Service of Central Oregon
2112 NE:.4' Street, Bend OR 97701.
Phone: 541.382.4027
Fax: 541 383.2020
F -u1il. infoMcoar.con;
improve the availability of affordable housing in Central Oregon. As such, we supported
HB 2336 and look forward to the housing opportunities it will create in Redmond. We also
support SB 88, and commend the County and its staff for leading in both the development
of rural ADU policy and advocating for its passage in the legislature. If enacted, SB 88 will
offer another housing option in the rural county — contributing to supply and providing a
legal pathway for ADUs outside city limits.
• [Planning] Coordinating with the cities of Bend and Redmond to expand urban growth
boundaries to provide new affordable neighborhoods - We fully support this work plan
item. We also encourage the County in its role as a partner to support and encourage
Bend to expeditiously establish an urban area reserve.
• Maintaining fast turnaround times for processing permit applications.
Thank you for your service to Deschutes County, as well as your consideration of the local real
estate community's input.
Should you have any questions, please feel free to contact us at 541-382-6027 or info@coar.com.
Sincerely,
Anthony Levison
2019 President
Central Oregon Association of REALTORS® &
MLS of Central Oregon
Jason Boone
Chair, Government Affairs Committee
Central Oregon Association of REALTORS® &
MLS of Central Oregon
cc: Nick Lelack, Director, Deschutes County Community Development
Central Oregon Association of REALTORS'` I 2112 NE 4" Street Bend OR, 07701 I Phone: 541.382.6027
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 BOCC Tuesday Meeting of May 21, 2019
DATE: May 16, 2019
FROM: Nicole Mardell, Community Development,
TITLE OF AGENDA ITEM:
2019 Flood Plain Amendment Discussion
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct a work session on May 21, 2019 to discuss the initial concept for new
amendments to the Deschutes County Zoning Code and Comprehensive Plan relating to the
Flood Plain Zone.
FISCAL IMPLICATIONS: None.
ATTENDANCE: Nicole Mardell, Associate Planner, Peter Gutowsky, Planning Manager.
MEMORANDUM
TO: Deschutes County Board of County Commissioners ("Board")
FROM: Nicole Mardell, Associate Planner
DATE: May 16, 2019
SUBJECT: 2019 Flood Plain Amendments - Work Session
The Board will conduct a work session on May 21, 2019 to discuss proposed amendments to the
Deschutes County Comprehensive Plan and Zoning Code relating to the Flood Plain Zone.
I. BACKGROUND
On May 8, 2019 the Board voted to repeal Ordinance 2018-005 - Comprehensive Plan and Zoning
Text Amendments relating to the Flood Plain Zone. Following the repeal, the Board requested a work
session to discuss the process and approach for a revised set of amendments.
11. PROPOSED AMENDMENTS
The Flood Plain (FP) Zone in Deschutes County currently operates in two ways:
(1) Hazard Mitigation: the FP Zone provides special standards, and limitations on division and
development of property within the mapped Flood Insurance Rate Map (FIRM) Flood Plain.
The Flood Plain area is defined and monitored by the FEMA National Flood Insurance Program.
(2) Goal 5 Resource: land within the mapped FEMA Flood Plain adjacent to perennial streams
such as the Deschutes River and its tributaries', are identified as part of an inventoried Goal
52 Resource referred to as "Riparian Area"3. This resource - also including mapped wetlands
and land within 100 feet of a stream's ordinary high water mark - is protected from conflicts
by a variety of measures, including the FP Zone, as it allows few uses outright.
1 Note: Not all properties containing Flood Plain zoned land in Deschutes County are located adjacent to
inventoried perennial streams and tributaries.
2 Goal 5 relates to Natural Resources, Scenic and Historic Areas, and Open Spaces
3 Added to Goal 5 Inventory in 1994.
The intermingling of the FP Zone as a hazard mitigation measure, a Goal 5 resource, and a Goal 5
protection tool hampers opportunities for rural residential development. Updated findings for the
revised amendments will demonstrate compliance with Statewide Planning Goal 5 by identifying
wildlife habitat (Goal 5 resource), conflicting uses, and when necessary, an Economic, Social,
Environmental, and Energy (ESEE) analysis that balances development with conservation objectives.
Three sets of amendments are proposed. They are largely the same in concept as the 2017-2018
Flood Plain text amendments. The overarching purpose of the amendments is to codify past
practices, mitigate development in the Flood Plain Zone, and provide greater consistency between
local land and state requirements.
1. Flood Plain Model Code
The first set of proposed amendments, further described in Attachment 1, incorporate terminology
related to current best practices included in the 2014 Oregon Model Flood Damage Prevention
Ordinance. These amendments include language related to flood proofing for accessory structures,
location of critical facilities, and storage of materials and equipment, among other DLCD
recommended items. They are supported by state land use planning Goal 7: Areas Subject to Natural
Hazards as it codifies language needed to mitigate flood hazards in Deschutes County. Additionally,
the proposed amendments do not allow any new uses in the Flood Plain Zone, nor does it remove
any previously described Goal 5 protections for sensitive resources.
2. Split Zone Divisions and Development
The second set of proposed amendments, further described in Attachment 2, would allow for a
limited set of split zoned properties to become eligible for land divisions under special acreage
calculation and parcel configuration criteria. Specifically, those Flood Plain, split zoned properties that
have only one additional base zone and only one single comprehensive plan designation would be
eligible. This approach significantly limits the complexity of these amendments and potential adverse
impacts. Although not common, there are a variety of properties in Deschutes County that contain 3
or more base zones, and often contain both resource and residential zoning (ex. EFU, F1, RR -10). This
approach avoids the need to analyze potential impacts from all possible combinations of split zoned
properties. By limiting the amendments to Flood Plain, split zoned properties with only a single non -
Flood Plain base zone, the amendment avoids having to determine which non -Flood Plain zone
acreage standards of many, apply to land divisions. By requiring that the property only has a single
comprehensive plan designation, the amendment precludes the possibility of resource lands being
divided under non -resource zone standards.
The Flood Plain is identified as an implementing program as well as a riparian area in the Deschutes
County Goal 5 resource inventory for many sensitive wildlife populations including deer, waterfowl,
and furbearer habitats. Specifically, the limited uses and Targe parcel sizes of the zone prevent
impacts from rural residential development and other conflicting uses. As the County would be
amending this Zone, a Goal 5 ESEE analysis is required to demonstrate adequate protections remain
in place for these sensitive populations.
Page 2 of 4
Under the proposed amendments, the Flood Plain zoned portion of a parent parcel would not be
divided and would be required to remain within a single partition parcel or subdivision lot and remain
in single ownership. This requirement would limit conflicts associated with the relevant Goal 5
resource because the Flood Plain area would remain intact consistent with today's code.
Figures 1 and 2- Split Zoned Property / Land Division Example
Base Zone: Flood Plain
Lot size. 5 acres
Figure 1: Split Zone Parcel Prior to
Land Division
Figure 2: Split Zone Parcel After Proposed
Land Division
*New Parcel meets EFU minimum lot size
3. Flood Plain as Open Space - Cluster and Planned Unit Developments
The third set of amendments shown in Attachment 3 will codify the long-standing County practice
relating to the use of Flood Plain Zoned land in cluster and planned unit development calculations.
Cluster and planned unit developments would be added as conditional uses in the Flood Plain Zone,
Flood Plain zoned land could be used only as dedicated open space as a singularly owned tract, and
developers would be required to identify habitat protections for the dedicated open space, through
a Riparian Area Management Plan. This amendment does not allow new or different development of
Flood Plain zoned lands consistent with the County's long-standing practice.
As noted above, the Flood Plain is identified as an implementation program and a riparian area in the
Deschutes County Goal 5 resource inventory for many sensitive wildlife populations including deer,
waterfowl, and furbearer habitats. Specifically, the limited uses and large parcel sizes of the zone
prevent impacts from rural residential development and other conflicting uses. Although it's been
allowed per Hearings Officer interpretations in the past, the County would be codifying a new
conditional use in the zone. Therefore, a Goal 5 ESEE analysis is required to demonstrate this new
conflicting use balances conservation objectives.
Page 3 of 4
Under the proposed amendments, the Flood Plain zoned portion would be required to be singularly
owned designated open space tract under the management of a homeowner's association.
Additionally, a Riparian Area Management Plan would be prepared by a Wildlife Biologist identifying
specific mitigation measures and protections for the open space parcel. Uses on the parcel such as
golf courses, walking paths, or ski runs would be prohibited. These requirements would limit conflicts
consist with Goal 5.
Figure 3 - Cluster Development with Flood Plain Zoning Example
III. NEXT STEPS / BOARD DIRECTION
Staff seeks Board direction to initiate the amendments. The first evidentiary hearing with the Planning
Commission can be scheduled in July to account fora 35 -day notice of the proposed amendments to
the Oregon Department of Land Conservation and Development.
Attachments:
1. Attachment 1: Model Flood Text Amendment Summary
2. Attachment 2: Split Zone Text Amendment Summary
3. Attachment 3: Cluster and Planned Unit Development Text Amendment Summary
4. Chapter 18.96 - Revised Flood Plain Zone Chapter
5. Chapter 18.128 - Revised Conditional Use Chapter - Cluster and Planned Unit Development
Page 4 of 4
Attachment 1: Model Flood Code Amendment Summary
Text Amendment to Comprehensive Plan, Chapter 2, Section 2.5 - Water Resources.
Chapter 2, Section 2.5 - Water Resources, previously did not include a purpose statement for
the Flood Plain zone. This amendment includes adoption of the "Statement of Purpose" from
the 2014 Oregon Model Flood Damage Prevention Ordinance. The adoption of the model code
provisions, including this purpose statement, was recommended by DLCD. The Flood Plain
zone is intended to be responsive to National Flood Insurance Program (NFIP) requirements
as well as state guidance and recommendations on the implementation of these
requirements.
Deschutes County Title 18, Zoning Code
Chapter 18.96 Flood Plain Zone
• Section 18.96.070. Application for Conditional Use
o 18.96.070(A): Clarifies Base Flood Elevation data shall not be required for
subdivision proposals and other proposed development that expressly preclude
residential and non-residential construction in a Special Flood Hazard Area.
• Section 18.96.080. Criteria to Evaluate Conditional Uses
o 18.96.080(D)(3): Provides reference that on-site waste disposal systems shall be
located consistent with the Oregon Department of Environmental Quality as
specified in Oregon Administrative Rule (OAR) 340-071.
o 18.96.080(E)(4): Provides exception to the submission of flood elevation data if the
proposal expressly precludes residential and non-residential construction in the
flood plain area.
o 18.96.080(G)(2): Requires a comprehensive Maintenance Plan for nonresidential
construction and an Emergency Action Plan (EAP) for the installation and sealing
of the structure.
o 18.96.080(G)(3): Provides relief from elevation or floodproofing requirements for
small accessory structures that are less than 200 square feet in area, one story,
not temperature controlled, not used for human habitation, and several other use
and design standards. This recognizes that the risk to human safety and property
loss is relatively low for these structures and the additional design and cost
associated with elevation and floodproofing is not warranted under these specific
conditions and criteria.
o 18.96.080(G)(4) Reformats the standards applicable to manufactured dwellings
and the section is renumbered due to addition of new section (G)(3).
o 18.96.080(G)(5),(6): Renumbered due to addition of new section (G)(3).
o 18.96.080(G)(7): Requires construction of new critical facilities shall be, to the
extent possible, located outside the limits of the Area of Special Flood Hazard.
"Critical Facility," as proposed, means a facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to
schools, nursing homes, hospitals, police, fire and emergency response
installations, installations that produce, use or store hazardous materials or
hazardous waste. The purpose of this amendment is to prevent Toss of or damage
to these critical facilities due to flooding and increase likelihood the facilities are
available during and after a flood event.
o 18.96.080(G)(8): Relocates standards applicable to incidental storage of materials
or equipment from section 18.96.040 and regulates the use as "flood plain
development," a conditional use.
Attachment 2: Split Zone Amendment Summary
Text Amendment to Comprehensive Plan, Chapter 2, Section 2.5 - Water Resources.
Adds language describing the purpose of the proposed amendments to provide context
and adequate record keeping of the intent and purpose of the amendments.
Deschutes County Title 18, Zoning Code
Chapter 18.04 Title, Purpose, and Definitions
o 18.04.030: Adds a definition for "Split Zoned Properties"
Chapter 18.12 Establishment of Zones
o 18.12.040: Removes sentence that incorrectly states DCC Title 18 does not apply
to areas zoned flood plain.
Chapter 18.96 Flood Plain Zone
• Section 18.96.150. New Section: "Partition or Subdivision of Certain Split Zoned
Properties Containing Flood Plain Zoned Lands
o 18.96.150: Adds a section outlining procedures for review of division and
development of split -zoned properties. In summary the following items are
added:
o The minimum lot size for the land division shall be determined by the non -
Flood Plain base zone on the property.
o Land divisions shall include all flood plain zoned land in a lot or parcel along
with split -zoned property to meet the minimum lot size of the adjoining zone.
Attachment 3: Cluster and PUD Amendment Summary
Text Amendment to Comprehensive Plan, Chapter 2, Section 2.5 - Water Resources.
Adds language describing the purpose of the proposed amendments to provide context and
adequate record keeping of the intent and purpose of the amendments.
Deschutes County Title 18, Zoning Code
Chapter 18.96 Flood Plain Zone
• Section 18.96.040. Conditional Uses Permitted
o 18.96.040(0): Specifies Planned Unit Development as a Conditional Use in the
zone.
o 18.96.040(P): Specifies Cluster Development as a Conditional Use in the zone.
Chapter 18.128 Conditional Use
• Section 18.96.080. Criteria to Evaluate Conditional Uses
o 18.128.200(B)(15): Requires a management plan for the "Riparian Area" as part of
any cluster development of property adjacent to a river, lake, or stream. The
riparian area management plan provides additional preservation, protection, and
enhancement for these sensitive areas by limiting development, uses, and
alterations to the land. A wildlife biologist shall prepare the plan.
o 18.128.200(B)(16): Requires area requiring a Riparian Area Management Plan
contained in one or more lots designated as open space on the plat of the
subdivision and held in common ownership of a homeowner's association of the
development. The amendment also specifies the open space can count towards
any open space requirements for Cluster Developments.
o 18.128.210(B)(9): Requires a management plan for the "Riparian Area" as part of
any planned development of property adjacent to a river, lake, or stream. The
riparian area management plan provides additional preservation, protection, and
enhancement for these sensitive areas by limiting development, uses, and
alterations to the land. A wildlife biologist shall prepare the plan.
o 18. 128.210(B)(10): Requires area requiring a Riparian Area Management Plan
contained in one or more lots designated as open space on the plat of the
subdivision and held in common ownership of a homeowner's association of the
development. The amendment also specifies the open space can count towards
any open space requirements for Planned Developments.
Chapter 18.96. FLOOD PLAIN ZONE - FP
18.96.010. Purposes.
18.96.020. Designated Areas.
18.96.030. Uses Permitted Outright.
18.96.040. Conditional Uses Permitted.
18.96.050. Prohibited Uses.
18.96.060. Limitations on Conditional Uses.
18.96.070. Application for Conditional Use.
18.96.080. Criteria to Evaluate Conditional Uses.
18.96.085. Elevation Certification.
18.96.090. Yard and Setback Requirements.
18.96.100. Stream Setback.
18.96.110. Dimensional Standards.
18.96.120. Warning and Disclaimer of Liability.
18.96.130 Interpretation of FIRM Boundaries
18.96.140 Use Variances.
18.96.040. Conditional Uses Permitted.
The following uses and their accessory uses may be allowed subject to applicable sections of this title:
A. A roadway, bridge or utility structure, except a landfill, that will not impede the waters of a base flood
subject to DCC 18.128.
B. Incidental storage of material or equipment that is either not subject to damage by flood, or is mobile
and readily removable from the area within time available after flood warning. If such material is not
readily removable, it shall be anchored to prevent flotation and shall not obstruct water flow. Material
or equipment stored shall include only items which will not create a hazard to the health or safety of
persons, property, animals or plant life should the storage area be inundated.
C. Single-family dwelling, or a manufactured home subject to DCC 18.116.070, on an individual lot. In
addition to the other requirements of DCC 18.96, single-family dwellings proposed to be sited in areas
of the Flood Plain Zone designated "Agriculture" on the Comprehensive Plan Map may be approved
only as uses identified by DCC 18.16.030(A), (B), (D) or (E) and subject to the applicable provisions of
DCC 18.16 governing those uses. In addition to the other requirements of DCC 18.96, single-family
dwellings proposed to be sited in areas of the Flood Plain Zone designated "Forest" on the
Comprehensive Plan Map may be approved only as uses identified by DCC 18.36.030(Y), 18.40.030(X)
or 18.40.030(Y) and subject to the applicable provision of DCC 18.36 and 18.40 governing those uses.
D. Agricultural accessory buildings.
E. Hydroelectric facilities subject to DCC 18.116.130 and 18.128.260.
F. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland,
subject to DCC 18.120.050 and 18.128.270. Excavation, grading and fill within any area of special
flood hazard identified in DCC 18.96.020.
G. Recreational uses requiring only structures having an insignificant effect on flood waters outside the
Floodway, such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, wildlife or nature preserves, game farms, fish hatcheries, shooting
preserves and hunting or fishing areas subject to DCC 18.128, except in areas designated "Forest" or
"Agriculture" on the Comprehensive Plan Map.
H. Subdividing or partitioning of land, including cluster developments and planned developments where
permitted in the underlying primary zone, any portion of which is located in a flood plain, subject to the
provisions of DCC Title 18 and DCC Title 17, the Subdivision/Partition Ordinance.
Chapter 18.96 1 (9/2007)
I. All new construction, expansion or substantial improvement of an existing dwelling, an agricultural
related structure, a commercial, industrial or other non-residential structure, or an accessory building.
J. A boat dock or pier, either individual or community, on private property which lies in the following
areas:
1. On the Deschutes River between river miles 226.4 and 224.5. This area is identified in the Scenic
Waterway Management Plan as the Wickiup River Community Area;
2. On the Deschutes River between river miles 217.5 and 216.5. This area is identified in the Scenic
Waterway Management Plan as the Pringle Falls River Community Area; and
3. On the Deschutes River between river miles 207 and 192. This area is identified in the Scenic
Waterway Management Plan as River Community Areas and Recreational River Area respectively.
K. Those recreational uses described in DCC 18.36.030, "F-1 - Conditional Uses," having an insignificant
effect on flood waters where the subject Flood Plain -zoned site is designated by the Comprehensive
Plan Map as "Forest" and is adjacent to land zoned F-1.
L. Those recreational uses described in DCC 18.40.030, "F-2 - Conditional Uses," having an insignificant
effect on flood waters where the subject Flood Plain -zoned site is designated by the Comprehensive
Plan Map as "Forest" and is adjacent to land zoned F-2.
M. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC
18.116.250(A) or (B).
N. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance
of irrigation systems operated by an Irrigation District, including the excavation and mining for
facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material.
(Ord 2019-0xx §1, 2019; Ord. 2007-019 §2, 2007; Ord. 2001-039 §11, 2001; Ord. 2001-016 §2, 2001; Ord.
97-063 §3, 1997; Ord. 96-032 §1, 1996; Ord. 95-075 §1, 1995; Ord. 95-022 §1, 1995; Ord. 93-045 §1,
1993; Ord. 93-002 §4, 1993; Ord. 91-038 §1, 1991; Ord. 91-005 §37, 1991; Ord. 89-009 §4, 1989; Ord.
88-030 §4, 1988)
18.96.070. Application for Conditional Use.
All records of any application for a conditional use permit and all certification of elevations shall be
maintained in the records of the Community Development Department for public inspection. An
application for a conditional use permit in the Flood Plain Zone shall, at a minimum, contain the following
information:
A. A detailed explanation of why it is necessary to conduct the proposed use in the Flood Plain Zone.
Where base flood elevation data is not available from the Flood Insurance Study or from another
authoritative source, it shall be generated and submitted with the application for subdivision proposals
and other proposed developments which contain at least 50 lots or five acres (whichever is less).
Generation of Base Flood Elevation data shall not be required for subdivision proposals and other
proposed developments that expressly preclude residential and non-residential construction in a Special
Flood Hazard Area.
B. A site plan, drawn to scale and accompanied by drawings, sketches and descriptions which describe and
illustrate the proposed use. This site plan shall include, at a minimum, existing and proposed site
contours in relation to the base flood elevation, existing and proposed structures, drainage facilities, and
an explanation of how erosion will be dealt with during and after construction of the use.
C. The location of the property relative to the channel of the river or stream.
D. The location of existing and proposed diking or abutments, if any.
E. The elevation of the lowest habitable floor and of any basement floor for any dwelling unit or structure.
F. The elevation to which the structure is to be floodproofed, if applicable.
G. Elevations on the site plan shall be established by a licensed surveyor or engineer, and shall be in
relation to mean sea level.
Chapter 18.96 2 (9/2007)
H. Certification by a registered professional engineer or architect that the floodproofing methods for any
structure meet the floodproofing criteria established by the Federal Emergency Management Agency
and the applicable standards in DCC 18.96.
I. All other elements or information which will assist in the evaluation of the proposed development and
conformance with the applicable criteria.
(Ord. 2019-0xx §1, 2019; Ord. 95-022 §1, 1995; Ord. 93-043 §15A, 1993; Ord. 91-020 §1, 1991; Ord.
88-030 §4, 1988)
18.96.080. Criteria to Evaluate Conditional Uses.
A. A conditional use permit in a Flood Plain Zone shall not be approved unless all standards established by
the Federal Emergency Management Agency and DCC Title 18 are addressed and findings are made by
the Hearings Body or Planning Director that each of the standards and criteria are satisfied.
B. Approval to alter or relocate a water course shall require notification to adjacent communities, the
Department of Land Conservation and Development and Department of State Lands, prior to any such
alteration or relocation and submit evidence to the Federal Insurance Administration. Maintenance shall
be provided within the altered and relocated portion of said watercourse so that the flood carrying
capacity is not diminished.
C. A conditional use permit shall be based upon findings which relate to the property and existing and
proposed structure(s). They shall not pertain to the property owner, inhabitants, economic or financial
circumstances.
D. All structures in the flood plain shall meet the following standards.
1. Anchoring.
a. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
b. All manufactured homes must be anchored to prevent flotation, collapse or lateral movement,
and shall be installed using methods and practices that minimize flood damage. Anchoring
methods may include, but are not limited to, use of over -the -top or frame ties to ground
anchors.
2. Construction Materials and Methods.
a. All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
c. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
3. Utilities.
a. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
b. New and replacement sanitary systems shall be designed to minimize or eliminate infiltration of
floodwaters into the system and discharge from the system into flood waters.
c. On-site waste disposal systems shall be located to avoid impairment to them or contamination
from them during flooding consistent with the Oregon Department of Environmental Quality as
specified in OAR 340-071-0100 et seq.:
4. Below -grade crawlspace is allowed subject to the standards in FEMA Technical Bulletin 11-01.
E. Subdivision and Partition Proposals.
1. All subdivision and partition proposals shall be consistent with the need to minimize flood damage.
2. All subdivision and partition proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
Chapter 18.96 3 (9/2007)
3. All subdivision and partition proposals shall have adequate drainage provided to reduce exposure to
flood damage.
4. Where Base Flood Elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or 5 acres (whichever is less). Generation of Base
Flood Elevation data shall not be required for subdivision proposals and other proposed
developments that expressly preclude residential and non-residential construction in a Special Flood
Hazard Area.
F. Review of Building Permits. Where elevation data is not available either through the Flood Insurance
Study or from another authoritative source, applications for building permits shall be reviewed to assure
that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local
judgment and includes use of historical data, high water marks, photographs of past flooding, etc.,
where available. (Failure to elevate at least two feet above grade in these zones may result in higher
insurance rates.)
G. Specific Standards. In the Flood Plain Zone, the following requirements must be met:
1. Residential Construction.
a. New construction, including replacement, and substantial improvement of any residential
structure shall have the lowest floor of the entire structure, including basement, elevated at least
one foot above base flood elevation.
b. Fully enclosed areas below the lower floor that are subject to flooding are prohibited unless
they are designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement must
satisfy the standards in FEMA Technical Bulletin 11-01 and must either be certified by a
registered professional engineer or architect and Of must meet or exceed the following criteria:
i. A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers or other coverings or devices, provided
that they permit the automatic entry and exit of floodwaters.
2. Nonresidential Construction. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including basement,
elevated at least one foot above the level of the base flood elevation, or, together with attendant
utility and sanitary facilities, shall:
a. Be flood proofed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water.
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy.
c. Be certified by a registered professional engineer or architect that the design and methods of
construction are subject to accepted standards of practice for meeting provisions of DCC
18.96.080, based on their development and/or review of the structural design, specifications and
plans. Such certifications shall be provided to the County as set forth in DCC 18.96.070(H).
d. Nonresidential structures that are elevated, but not flood proofed, must meet the same standards
for space below the lowest floor as described in DCC 18.96.080(F).
e. Applicants for floodproofing nonresidential buildings shall be notified that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g. a building
constructed to the flood level will be rated as one foot below that level).
f. Applicants shall supply a comprehensive Maintenance Plan for the entire structure that shall
include but not limited to: exterior envelope of structure; all penetrations to the exterior of the
structure; all shields, gates, barriers, or components designed to provide floodproofing
protection to the structure; all seals or gaskets for shields, gates, barriers, or components; and,
Chapter 18.96 4 (9/2007)
the location of all shields, gates, barriers, and components as well as all associated hardware,
and any materials or specialized tools necessary to seal the structure.
g. Applicants shall supply an Emergency Action Plan (EAP) for the installation and sealing of the
structure prior to a flooding event that clearly identifies what triggers the EAP and who is
responsible for enacting the EAP.
3. Exception for Small Accessory Structures. Relief from elevation or floodproofing as required in
(G)(1) or (G)(2) above may be granted for small accessory structures that are:
a. Less than 200 square feet and do not exceed one story;
b. Not temperature controlled;
c. Not used for human habitation and are used solely for parking of vehicles or storage of items
having low damage potential when submerged;
d. Not used to store hazardous or toxic material, oil or gasoline, or any priority persistent pollutant
identified by the Oregon Department of Environmental Quality unless confined in a tank
installed in compliance with this ordinance or stored at least one foot above Base Flood
Elevation;
e. Located and constructed to have low damage potential;
f. Constructed with materials resistant to flood damage;
g. Anchored to prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the
base flood;
h. Constructed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic
entry and exit of floodwater. Designs for complying with this requirement must be certified by
a licensed professional engineer or architect or:
i. Provide a minimum of two openings with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one foot above the higher of the exterior
or interior grade or floor immediately below the opening; and
iii. Openings may be equipped with screens, louvers, valves or other coverings or devices
provided they permit the automatic flow of floodwater in both directions without manual
intervention.
i. Constructed with electrical, and other service facilities located and installed so as to prevent
water from entering or accumulating within the components during conditions of the base flood.
44. Manufactured Dwellings.
a. Manufactured dwellings supported on solid foundation walls shall be constructed with flood
openings that comply with (G)(1)(b) above;
b. The bottom of the longitudinal chassis frame beam in A zones shall be at or above the Base
Flood Elevation and the lowest floor of the manufactured dwelling shall be at least one foot
above the Base Flood Elevation;
c. The manufactured dwelling shall be anchored to prevent flotation, collapse, and lateral
movement during the base flood. Anchoring methods may include, but are not limited to, use of
over -the -top or frame ties to ground anchors (Reference FEMA's "Manufactured Home
Installation in Flood Hazard Areas" guidebook for additional techniques); and
d. Electrical crossover connections shall be a minimum of 12 inches above Base Flood Elevation.
above the base flood elevation. Such manufactured homes shall be securely anchored to an
adequately anchored foundation system subject to the provisions of DCC 18.96.080(C)(1).
54. Docks, Piers and Walkways.
a. No individual boat dock or pier shall be allowed on any lot with less than 200 feet of river
frontage.
Chapter 18.96
5
(9/2007)
b. No community boat dock or pier shall be allowed on any lot with less than 100 feet of river
frontage.
c. No individual boat dock or pier shall be more than 20 feet in length or more than eight feet in
width. The total surface area shall not exceed 160 square feet.
d. No community boat dock or pier shall be more than 20 feet in length. The total surface area
shall not exceed 320 square feet.
e. A boat dock or pier shall not extend into or over the water more than 20 feet as measured from
the ordinary high water mark (OHM), or five percent of the distance between the ordinary low
water mark (OLM) on each river or stream bank measured at right angles to the shoreline,
whichever is less, unless it can be shown that a greater extension:
i. Is necessary to allow access to the OHM;
ii. Will not increase flood hazard; and
iii. Will not cause the deterioration or destruction of marine life or wildlife habitat. When the
lines of ordinary high or low water cannot be determined by survey or inspection, then such
lines shall be determined by a registered professional engineer using the annual mean high
or low water for the preceding year, using data from the State of Oregon Watermaster.
f. Individual boat docks and piers shall have a minimum five foot setback from adjoining property
boundaries projected over the water surface.
g. Dock, pier and walkway structures shall not be covered or enclosed.
h. All materials used in dock, pier or walkway construction must be in compliance with all DEQ
and EPA regulations.
i. Docks, piers and walkways shall use either pilings or Styrofoam floats if such floats are fully
enclosed and sealed.
j. Docks, piers and walkways shall not impede water movement or cause deposition on waterway
beds.
k. Docks, piers and walkways containing concrete or wood preservatives shall be fully cured or
dried prior to placement in the water.
1. No walkway shall be more than four feet in width. The length of the walkway shall be no more
than the minimum required to allow access to a dock.
m. Walkways shall include at least one handrail if the structure is elevated 30 inches or more from
ground level.
n. All docks, piers and walkways shall meet the test of noninterference with navigation.
65. Parking Facilities. No parking facility shall be located within 20 feet (measured at right angles) of
the ordinary high water mark (OHM).
7. Construction of new critical facilities shall be, to the extent possible, located outside the limits of
the Area of Special Flood Hazard (100-year floodplain). Construction of new critical facilities shall
be permissible within the Area of Special Flood Hazard if no feasible alternative site is available.
Critical facilities constructed within the Area of Special Flood Hazard shall have the lowest floor
elevated three feet above Base Flood Elevation or to the height of the 500-year flood, whichever is
higher. Access to and from the critical facility should also be protected to the height utilized above.
Floodproofing and sealing measures must be taken to ensure that hazardous or toxic substances, oil
or gasoline, or any priority persistent pollutant identified by the Oregon Department of
Environmental Quality will not be displaced by or released into floodwaters. Access routes elevated
to or above the level of the Base Flood Elevation shall be provided to all critical facilities to the
extent possible unless deemed impractical by the Hearings Body or Planning Director.
8. Storage of material or equipment, incidental to an established primary use on the property, that is
either not subject to damage by flood may be permitted. If such material is not readily removable, it
shall be anchored to prevent flotation and shall not obstruct water flow. Material or equipment
stored shall include only items which will not create a hazard to the health or safety of persons,
property, animals or plant life should the storage area be inundated.
Chapter 18.96 6 (9/2007)
H. Floodways. In floodways the following provisions shall apply:
1. Encroachments, including fill and removal, replacement of a dwelling lawfully in existence on the
effective date of Ordinance 88-030 and other development are prohibited unless certification by a
registered professional engineer is provided demonstrating that the proposed encroachments will
not result in any increase in flood levels during a base flood discharge.
2. The applicant must demonstrate that all necessary federal, state and local government agency
permits have been or can be obtained and that all other applicable sections of DCC Title 18 have
been satisfied.
3. Replacement of a dwelling shall not increase the square footage or footprint of the structure by
more than 20 percent of the square footage or footprint of such dwelling as of the effective date of
Ordinance 88-030.
4. No replacement of a dwelling shall be allowed if the use of the preexisting dwelling has been
abandoned or otherwise terminated for a period of over one year.
((Ord. 2019-0xx §1, 2019; Ord. 2007-019 §2, 2007; Ord. 2000-033 §6, 2000; Ord. 95-075 §1, 1995; Ord.
95-022 §1, 1995; Ord. 93-043 §15B, 1993; Ord. 93-002 §§6-8, and 9, 1993; Ord. 91-020 §1, 1991; Ord.
89-009 §7, 1989; Ord. 88-030 §4, 1988)
18.96.120. Warning and Disclaimer of Liability.
The degree of flood protection required by DCC Title 18 is considered reasonable for regulatory purposes
and is based upon scientific and engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes. DCC Title 18 does not imply
that land outside the areas of special flood hazards or uses permitted within such areas will be free from
flooding or flood damages. DCC Title 18 shall not create liability on the part of Deschutes County, any
officer, agent or employee thereof, or the Federal Insurance Administration, for any flood damages that
result from reliance on DCC Title 18 or any decision lawfully made hereunder.
(Ord. 88-030 § 4, 1988)
18.96.150. Partition or Subdivision of Certain Split -Zoned Properties Containing Flood Plain
Zoned Lands
Split -zoned properties are those lots or parcels that include more than one zone. However, combining
zones shall not count as additional zones for the purposes of determining if a property is split -zoned.
Partitions or subdivisions of split -zoned properties that contain both Flood Plan zoned lands and exactly
one other zone, exclusive of combining zones, and have only one comprehensive plan designation are
subject to the following area calculation and configuration standards.:
1. The minimum lot size for new lots or parcels shall be determined by the requirements of the non -
Flood Plain zone and any applicable combining zones. The Flood Plain and non -Flood Plain
zoned acreages shall be combined for the purposes of acreage calculation.
2. All Flood Plain zoned lands from the parent lot or parcel must be contained within a single
subdivision lot or partition parcel.
Chapter 18.96 7 (9/2007)
Chapter 18.128. CONDITIONAL USE
18.128.200. Cluster Development (Single -Family Residential Uses Only).
B. The conditional use shall not be granted unless the following findings are made:
15. For Cluster Developments containing or adjacent to rivers, lakes or streams, in addition to
compliance with other applicable zone development restrictions, uses and activities must be
consistent with a required Riparian Area Management Plan. The Riparian Area Management
Plan shall preserve and protect riparian resources, be prepared by a wildlife biologist, and
include the following:
a. An inventory of riparian resources within or adjacent to the Cluster Development;
b. A map showing the inventoried riparian resources that identifies the area subject to the
Riparian Area Management Plan;
c. A prohibition on golf courses, tennis courts, swimming pools, marinas, ski runs or other
developed recreational uses of similar intensity within the area subject to the Riparian
Area Management Plan. Low intensity recreational uses such as bicycle, equestrian and
pedestrian trails, and wildlife viewing areas located to minimize impact to the identified
riparian resources may be permitted;
d. A prohibition on off-road motor vehicle use within the area subject to the Riparian Area
Management Plan.
e. Measures to preserve and protect the identified riparian resources shall include:
i. A description of the required measure and its purpose;
ii. Performance standards for the measure's success;
iii. Contingent mitigation if monitoring reveals that performance standards are not
satisfied;
iv. Who is responsible for implementin. the actions required by the measure;
v. Where the measure is to take place;
vi. When must each measure be implemented; and
vii. Who will monitor the measure and how and when monitoring will occur.
16. For those Cluster Developments that include a Riparian Area Management Plan, the area
requiring a Riparian Area Management Plan shall be contained in one or more lots designated
as open space on the plat of the subdivision and held in common ownership of a
homeowner's association of the development. This open space shall count towards any
open space requirements for Cluster Developments.
(Ord. 2018-005 §15, 2018; Ord. 2015-016 §8, 2015; Ord. 2004-024 §2, 2004; Ord. 95-075 §1,
1995; Ord. 93-005 §11, 1993; Ord. 91-020 §1, 1991)
18.128.210. Planned Development.
B. The conditional use may be granted upon the following findings:
9. For Planned Developments containing or adjacent to rivers, lakes or streams, in addition
to compliance with other applicable zone development restrictions, uses and activities
must be consistent with a required Riparian Area Management Plan. The Riparian Area
Page 1 of 2 EXHIBIT "0" TO ORDINANCE 2018-005
Management Plan shall preserve and protect riparian resources, be prepared by a wildlife
biologist, and include the following:
a. An inventory of riparian resources within or adjacent to the Planned Development;
b. A map showing the inventoried riparian resources that identifies the area subject to
the Riparian Area Management Plan;
c. A prohibition on golf courses, tennis courts, swimming pools, marinas, ski runs or
other developed recreational uses of similar intensity within the area subject to the
Riparian Area Management Plan. Low intensity recreational uses such as bicycle,
equestrian and pedestrian trails, and wildlife viewing areas located to minimize
impact to the identified riparian resources may be permitted;
d. A prohibition on off-road motor vehicle use within the area subject to the Riparian
Area Management Plan.
e. Measures to preserve and protect the identified riparian resources shall include:
i. A description of the required measure and its purpose;
ii. Performance standards for the measure's success;
iii. Contingent mitigation if monitoring reveals that performance standards are not
satisfied;
iv. Who is responsible for implementing the actions required by the measure;
v. Where the measure is to take place;
vi. When must each measure be implemented; and
vii. Who will monitor the measure and how and when monitoring will occur.
10. For those Planned Developments that include a Riparian Area Management Plan, the area
requiring a Riparian Area Management Plan shall be contained in one or more lots
designated as open space on the plat of the subdivision and held in common ownership of
a homeowner's association of the development. This open space shall count towards any
open space requirements for Planned Developments.
(Ord. 2018-005 §15, 2018; Ord. 96-003 §9, 1996; Ord. 95-075 §1, 1995; Ord. 93-005 §11, 1993;
Ord. 91-020 §1, 1991)
Page 2 of 2 EXHIBIT "0" TO ORDINANCE 2018-005
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 BOCC Tuesday Meeting of May 21, 2019
DATE: May 13, 2019
FROM: Isabella Liu, Community Development,
TITLE OF AGENDA ITEM:
Potential Appeal of Marijuana Production Approval and Consideration Of Order 2019-014
Attendance: Izze Liu, Associate Planner
Summary: On May 13, 2019, staff issued an approval of a marijuana production facility located
at 60148 Stirling Drive, Bend. The 12 -day appeal period ends on May 27, 2019. Attached is
Order 2019-014 that would allow the Board to review any timely filed appeal of file no. 247 -18-
000915 -AD.
STAFF MEMORANDUM
COMMUNITY' DEVELOPMENT
Date: May 21, 2019
To: Board of County Commissioners
From: Izze Liu, Associate Planner
Re: Administrative Decision (File No. 247 -18 -000915 -AD) to Hear Potential Appeal
The Board of County Commissioners (Board) will conduct a Board Meeting on May 21, 2019 at 2:00
PM and will consider hearing a potential appeal of an Administrative Decision (File No. 247 -18-
000915 -AD) approving a marijuana production application.
1. Application
On December 3, 2018, an application was filed for an Administrative Determination (AD) to establish
marijuana production at 60148 Stirling Drive, Bend. The subject property is located within the
Exclusive Farm Use (EFU) zone. The proposed marijuana production consists of a maximum 1,800
square feet of mature marijuana plant canopy area.
II. Decision
On February 22, 2019, the application was deemed complete. The Planning Division issued an
Administrative Decision without a public hearing on May 13, 2019, determining the applicant met
the applicable criteria (Attachment 2). Notice of the decision was sent to neighboring property
owners within 1,000 feet and those that provided comments. The decision becomes final if not
appealed by 5:00 PM on May 27, 2019.
III. Appeal
Although no appeal has been filed yet, staff considers an appeal is likely based on public comments.
IV. 150 -day Issuance of a Final Local Decision
The 150 -day period for issuance of a final local decision is currently July 22, 2018.
V. Board Options
Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to
initiate review of any administrative action or a Hearings Body's decision within 12 days of the date
of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12th day
following the mailing date of this decision is May 27, 2019.
Attachment 1 is a Board Order to initiate a de novo review of this file, should a timely appeal be
filed.
Attachments:
1. 2019-05-13 - Board Order 2019-014
2. 2019-05-13 - Administrative Decision for File No. 247 -18 -000915 -AD
3. 2019-05-13 - Notice of Decision
4. 2019-04-04 - Revised Plot Plan
5. 2019-02-22 - Applicant Incomplete Response
6. 2019-02-18 - Stob Comment
7. 2019-01-30 - Petition
8. 2019-01-30 - K. Adams Comment
9. 2019-01-28 - K. Adams Comment
10.2019-01-22 -Applicant Incomplete Response
11.2019-01-15 - R. Young Comment
12.2019-01-10 - C. Martini Comment
13.2019-01-08 - Weber Comment
14.2019-01-08 - J. Intlekofer Comment
15.2019-01-07 - G. Blocker Comment
16.2019-01-07 - Department of State Lands Comment
17.2019-01-05 - D. Melhase Comment
18.2019-01-02 - E. Musgrove Comment
19.2019-01-01 - J. Jensen Comment
20.2019-01-01 - E. Winn Comment
21.2019-01-01 - D. Swanson Comment
22.2018-12-31 - Dick Comment
23.2018-12-28 - Richardson Comment
24.2018-12-28 -Jones Comment
25.2018-12-28 - E. Lawrence Comment
26.2018-12-28 - D. Laird Comment
27.2018-12-28 - C. Garvie Comment
28.2018-12-28 - A. McAboy Comment
29.2018-12-27 - Stob Comment
30.2018-12-27 - R. Jones Comment
31.2018-12-27 - D. Lorensen Comment
32.2018-12-26 - Myers Comment
33.2018-12-26 - M. Bilton-Smith Comment
247 -18 -000915 -AD Page 2 of 4
34.2018-12-26 - D. Dumas Comment
35.2018-12-24 - E. Hollister Comment
36.2018-12-22 - Lovejoy Comment
37.2018-12-21 - Webre Comment
38.2018-12-21 - Schultheis Comment
39.2018-12-21 - Lee & Frostenson Comment
40.2018-12-21 - J. Kook Comment
41.2018-12-21 Incomplete Letter
42.2018-12-21 - Hollister Comment
43.2018-12-21 - E. Hagan Comment
44.2018-12-21 - D. Poplin Comment
45.2018-12-21 - D. Forth Comment
46.2018-12-21 - B. Schulze Comment
47.2018-12-21 - Adams Comment
48.2018-12-20 - T. Kane & N. Braun Comment
49.2018-12-20 - S. Linden Comment
50.2018-12-20 - S. Kirk Comment
51. 2018-12-20 - S. Brisken Comment
52.2018-12-20 - R. Crabtree Comment
53.2018-12-20 - R. Brooks Comment
54.2018-12-20 - Miller Comment
55.2018-12-20 - M. Morgan & E. Foster Comment
56.2018-12-20 - M. Kirk Comment
57.2018-12-20 - L. Huget Comment
58.2018-12-20 - K. Brooks Comment
59.2018-12-20 - Bridget Murdock Comment
60.2018-12-20 - B. Murdock Comment
61.2018-12-20 - Ambjor Comment
62. 2018-12-19 - Weller Comment
63.2018-12-19 - Scott Comment
64.2018-12-19 - Petsch Comment
65.2018-12-19 - Notice of Application
66.2018-12-19 - Moyerman Comment
67.2018-12-19 - L. Hunter & R. Kopish Comment
68.2018-12-19 - K. Mollohan Comment
69.2018-12-19 - Hain Comment
70.2018-12-19 - Detweiler Comment
71.2018-12-19 - Daniels Comment
72.2018-12-19 - C. Rorabeck Comment
73.2018-12-19 - Arnold Irrigation Dist. Comment
74.2018-12-19 - Wolfe Comment
75.2018-12-18 - V. Hayton Comment
76.2018-12-18 - Richardson Comment
77.2018-12-18 - R. Dewitt Comment
78. 2018-12-18 - Hollister Comment
247 -18 -000915 -AD Page 3 of 4
79. 2018-12-18 - E. Schwarzenberger Comment
80. 2018-12-17 - Stob Comment
81. 2018-12-17 - Sheriff Nelson Comment
82. 2018-12-17 - R. Deems Comment
83. 2018-12-17 - Lewis Comment
84. 2018-12-17 - K. Donaldson Comment
85. 2018-12-17 - B. Meltzer Comment
86. 2018-12-16 - M. Burkhardt Comment
87. 2018-12-15 - Wierzba Comment
88. 2018-12-15 - Sundance Meadows Inc. Comment
89. 2018-12-15 - R. Brannin Comment
90. 2018-12-15 - E. Thompson Comment
91. 2018-12-15 - A. Bond Comment
92. 2018-12-12 - R. Scheid Comment
93. 2018-12-12 - Land Use Action Sign Affidavit
94. 2018-12-11 - P. Russell Comment
95. 2018-12-11 - Notice of Application
96. 2018-12-03 - Application Ex. G - Road Access Permit
97. 2018-12-03 - Application Ex. F - Partition Decision
98. 2018-12-03 - Application Ex. E - Central Electric Will Serve Ltr.
99. 2018-12-03 - Application Ex. D - Avion Will Serve Ltr.
100. 2018-12-03 - Application Ex. C - Odor and Noise Report
101. 2018-12-03 - Application Ex. B - Plot Plan
102. 2018-12-03 - Application Ex. A - Deed
103. 2018-12-03 - Application
247 -18 -000915 -AD Page 4 of 4
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Accepting Review of Administrative
Decision in File No. 247 -18 -000915 -AD * ORDER NO. 2019-014
WHEREAS, on May 13, 2019, staff issued an Administrative Decision on Application No. 247 -18 -000915 -AD;
and
WHEREAS, Section 22.28.050 of the Deschutes County Code authorizes the Board of County
Commissioners ("Board") 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; and
WHEREAS, the Board has given due consideration as to whether to review this application; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. Should a timely appeal of Administrative Decision on Application No. 247 -18 -000915 -AD be
filed, the Board of County Commissioners will serve as the hearings body for the appeal consistent with applicable
provisions of DCC, including DCC 22.32.027(B)(4).
Section 2. The review shall be heard de novo in order for the Board to interpret DCC 18.116.330 and
other applicable provisions.
Section 3. Staff shall set a hearing date and cause notice to be given to persons or parties entitled to notice
pursuant to DCC 22.24.030 and 22.32.030.
Section 4. The Board, as the appeal hearings body, waives the requirement that the appellant provide a
complete transcript for the appeal hearing pursuant to DCC 22.32.024(D).
Dated this 21' of May, 2019 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PAGE 1 OF 1- ORDER NO. 2019-014
PHILIP G. HENDERSON, Chair
PATTI ADAIR, Vice Chair
ANTHONY DEBONE, Commissioner
FINDINGS & DECISION
CC MUMTY Y DEVEL P E6 R
FILE NUMBER: 247 -18 -000915 -AD
APPLICANT: Tommy Nehmzow
OWNER: Gary & Lori Gore
ATTORNEY: Michael Hughes
PROPOSAL: An Administrative Determination to establish a marijuana production
facility in the Exclusive Farm Use Zone.
STAFF CONTACT: Izze Liu, Associate Planner
I. APPLICABLE CRITERIA
Deschutes County Code (DCC):
Title 18, Deschutes County Zoning Ordinance
Chapter 18.16, Exclusive Farm Use Zone
Chapter 18.116, Supplementary Provisions
Title 22, Deschutes County Development Procedures Ordinance
11. BASIC FINDINGS
LOCATION: The subject property has an assigned address of 60148 Stirling Drive, Bend; and is
further identified on County Assessor Tax Map 18-13-30 as tax lot 500.
LOT OF RECORD: The subject property is a legal lot of record because it was platted as Parcel 2 of
P P2017-17.
ZONING: The property is zoned Exclusive Farm Use and is designated Agriculture on the Deschutes
County Comprehensive Plan.
PROPOSAL: The applicant is proposing to establish a marijuana production facility within a new
1,800 -square -foot building.
117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005
(541) 388-6575 cdd@deschutes.org www.deschutes.org/cd
SITE DESCRIPTION: The subject property is 17.08 acres, irregular in shape, and does not have any
irrigation water rights. The property has a varied topography and a moderate cover of vegetation
scattered throughout the property but predominantly on the western half. The property is currently
undeveloped and access is taken from Stirling Drive, a County owned and maintained rural local
road.
PUBLIC AGENCY COMMENTS: The Planning Division mailed a Notice of Application and received
comments from the following agencies:
Deschutes County Planning Division: On December 11, 2018, Senior Transportation Planner Peter
Russell responded:
I have reviewed the transmittal materials for 247 -18 -000915 -AD for a marijuana production (growing)
operation of up to 1,800 square feet of mature canopy on 17.08 acres in the Exclusive Farm Use (EFU)
zone at 60148 Stirling Drive, aka 18-13-30, Tax Lot 500.
The Deschutes County Code (DCC) at 18.116.330(8)(8), which has been adopted but is being appealed,
requires proof of legal direct access to the property or access from a private easement. The burden of
proof states the applicant has applied for a driveway permit under 247 -18 -007538 -DA. The traffic study
requirements of DCC 18.116.310 are not applicable for this marijuana production operation as the
application is not going through site plan review and thus does not need to show compliance with DCC
18.124.080(1), which references the County's traffic study requirements.
Board Resolution 2013-020 sets an SDC rate of $4,240 per p.m. peak hour trip. The Institute of Traffic
Engineers (ITE) trip generation manual indicates Warehouse generates 0.19 p.m. peak hour trips per 1,000
square feet. The Board in a policy decision in early 2017 agreed to use Warehouse for marijuana
production. The applicant's materials indicate a building of 1,800 square feet (36'X 50') will be used for
cannabis production and support. The County's SDC is based on the buildings' total square footage related
to cannabis production and support and not the square footage of the mature canopy. The building would
produce 0.34 p. m. peak hour trips (1.8 X 0.19). The resulting SDC is $1,442 (0.34 X $4,240). 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.
Deschutes County Building Division: On December 12, 2018, Building Official Randy Scheid
responded:
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.
Deschutes County Sheriffs Office: On December 17, 2018, Sheriff L. Shane Nelson responded:
247 -18 -000915 -AD Page 2 of 38
Our concern lies in the odor, sights, sounds and set backs of the property in this type of request and how
it affects the livability of our community members; in conjunction with the issue that marijuana is illegal
on a federal level.
In addition, we are finding the calls for service related to marijuana grow operations are increasing.
There should be no deviation or any exceptions made to any state or county regulations on the books. No
new grows or retail operations should be approved.
• Marijuana production is against Federal Law
• There are several rural residents who have issues with smell, sound and sight issues related to
marijuana grows and how these affect quality of life.
• For the last 2 years there has been an overproduction of marijuana in our state.
Our Sources are:
• U.S Attorney's Office for the District of Oregon, former OSU Professor Seth Crawford, Draft OSP
Marijuana Analysts report and the recent marijuana report from the Oregon/Idaho HIDTA.
Arnold Irrigation District: On December 19, 2018, Field Supervisor Colin Wills responded:
The District monitors construction or building activities near or around mapped water right areas. Tax
Map 18-13-30, as tax lot 500 does not have a water right with Arnold Irrigation District. There is an Arnold
Irrigation District (AID) canal running through the northwestern portion of tax lot 500 called the Sundance
Lateral, part of the Districts conveyance system. No permanent structure will be allowed within the 50'
easement of the canal.
The following agencies did not respond to the notice: Avion Water Company, Deschutes County
Assessor, Deschutes County Environmental Soils Division, Bend Fire Department, Oregon Liquor
Control Commission, Oregon Water Resources Department - Watermaster District 11, Oregon
Department of Agriculture, and the Bureau of Land Management.
PUBLIC COMMENTS: The Planning Division mailed written notice of this application to all property
owners within 1,000 feet of the subject property on December 11, 2018 and December 19, 2018.
The first notice that was mailed out on December 11, 2018 was sent to properties within 750 feet
as an error and the second notice was mailed to capture the remaining properties within the 1,000 -
foot noticing radius. In addition, the applicant submitted a Land Use Action Sign Affidavit indicating
a proposed land use action sign was posted on the property on December 12, 2018. Below, staff
summarizes issue areas identified by the public in written comments received prior to the date of
this decision:
Opposition:
1. Odor
2. Noise
3. Water source
247 -18 -000915 -AD Page 3 of 38
4. Light pollution
5. Access
6. Proximity to Sundance Meadows Ranch
7. Traffic impacts
8. Impact to wildlife
9. Increase in crime
10. Negative impact on property values
11. Negative impact to the character of the area
12. Proximity to Sundance East Phase 11 subdivision
13. Overproduction
14. Federally illegal
15. Concerns related to the character of the operator and employees
16. Subject property is not appropriately zoned
STAFF COMMENT: Applicable criteria of the Deschutes County Code (DCC) are addressed below.
The DCC does not include approval criteria related to marijuana production and the issues areas
listed in 8 through 16.
REVIEW PERIOD: This application was submitted on December 3, 2018. It was deemed incomplete
on December 31, 2018. After the applicant submitted additional information, the application was
accepted and deemed complete on February 22, 2019. The 150th day on which the County must
take final action on this application is July 22, 2019.
III. FINDINGS
ORS 197.625. ACKNOWLEDGEMENT OF COMPREHENSIVE PLAN OR LAND USE REGULATION
CHANGES; APPLICATION PRIOR TO ACKNOWLEDGEMENT
(1) A local decision adopting a change to an acknowledged comprehensive plan or a
land use regulation is deemed to be acknowledged when the local government has
complied with the requirements of ORS 197.610 and 197.615 and either:
(a) The 21 -day appeal period set out in ORS 197.830 (9) has expired and a notice
of intent to appeal has not been filed; or
(b) If an appeal has been timely filed, the Land Use Board of Appeals affirms the
local decision or, if an appeal of the decision of the board is timely filed, an
appellate court affirms the decision.
(2) If the local decision adopting a change to an acknowledged comprehensive plan or
a land use regulation is affirmed on appeal under ORS 197.830 to 197.855, the
comprehensive plan or the land use regulation, as modified, is deemed to be
acknowledged upon the date the decision of the board or the decision of an
appellate court becomes final.
(3) Prior to acknowledgment of a change to an acknowledged comprehensive plan or a
land use regulation:
247 -18 -000915 -AD Page 4 of 38
(a) The change is effective at the time specified by local government charter or
ordinance; and
(b) If the change was adopted in substantial compliance with ORS 197.610 and
197.615, the local government shall apply the change to land use decisions,
expedited land divisions and limited land use decisions unless a stay is
granted under ORS 197.845.
(4) Approval of a land use decision, expedited land division or limited land use decision
that is subject to an effective but unacknowledged provision of a comprehensive
plan or a land use regulation must include findings of compliance with land use
statutes, statewide land use planning goals and administrative rules of the Land
Conservation and Development Commission implementing the statutes or goals
that apply to the decision and that the unacknowledged provision implements.
(5) If an effective but unacknowledged provision of a comprehensive plan or a land use
regulation fails to gain acknowledgment, a permit or zone change approved, in
whole or in part, on the basis of the change does not justify retention of the
improvements that were authorized by the permit or zone change.
(6) If requested by a local government, the Director of the Department of Land
Conservation and Development shall issue certification of the acknowledgment
upon receipt of an affidavit from:
(a) The local government, attesting that the change to the acknowledged
comprehensive plan or the land use regulation was accomplished in
compliance with ORS 197.610 and 197.615; and
(b) The Land Use Board of Appeals, stating either:
(A) That no notice of appeal was filed within the 21 days allowed under
ORS 197.830(9); or
(B) The date the decision of the board or the decision of an appellate
court affirming the change to the acknowledged comprehensive plan
or the land use regulation became final.
(7) The board shall issue an affidavit for the purposes of subsection (6) of this section
within five days after receiving a valid request from the local government.
FINDING: On October 24, 2018, the Board of County Commissioners ("Board") adopted
amendments to DCC 18.116.330, however, these amendments have not yet been acknowledged by
the state. The amendments were adopted in substantial compliance with ORS 197.610 and 197.615.
This application was submitted on December 3, 2018, therefore, the adopted amendments are
applicable. Staff believes ORS 197.625 applies and under subsection 4, the applicant was required
to address the applicable state land use laws and statewide planning goals as part of their
application materials. The applicant's attorney identified the applicable state laws and statewide
planning goals and stated that the pending application is in compliance with these requirements.
The applicable requirements are identified below.
ORS 475B. CANNABIS REGULATION
ORS 4756.063. DUTY TO REQUEST LAND USE COMPATIBILITY STATEMENT.
247 -18 -000915 -AD Page 5 of 38
(1) Prior to receiving a license under ORS 4758.070, 4758.090, 4758.100 or 4758.105, an
applicant shall request a land use compatibility statement from the city or county
that authorizes the land use. The land use compatibility statement must
demonstrate that the requested license is for a land use that is allowable as a
permitted or conditional use within the given zoning designation where the land is
located. The Oregon Liquor Control Commission may not issue a license if the land
use compatibility statement shows that the proposed land use is prohibited in the
applicable zone.
(2) Except as provided in subsection (3) of this section, a city or county that receives a
request for a land use compatibility statement under this section must act on that
request within 21 days of
(a) Receipt of the request, if the land use is allowable as an outright permitted
use; or
(b) Final local permit approval, if the land use is allowable as a conditional use.
(3) A city or county that receives a request for a land use compatibility statement under
this section is not required to act on that request during the period that the
commission discontinues licensing those premises pursuant to ORS 4758.968 (4)(b).
(4) A city or county action concerning a land use compatibility statement under this
section is not a land use decision for purposes of ORS chapter 195, 196, 197, 215 or
227. (2015 c.614 §34(4); 2016 c.24 §11]
FINDING: The applicant will be required to submit a Land Use Compatibility Statement (LUCS) in
order to obtain a license through the Oregon Liquor Control Commission. In order to approve the
LUCS, the subject property must have a final land use decision allowing the proposed marijuana
production facility.
ORS 475B.486. LOCAL TIME, PLACE AND MANNER REGULATIONS.
(1) For purposes of this section, "reasonable regulations" includes:
(a) Reasonable conditions on the manner in which a marijuana producer that
holds a license issued under ORS 4758.070 may produce marijuana or in
which a researcher of cannabis that holds a certificate issued under ORS
4758.286 may produce marijuana or propagate immature marijuana plants;
(b) Reasonable conditions on the manner in which a marijuana processor that
holds a license issued under ORS 4758.090 may process marijuana or in which
a researcher of cannabis that holds a certificate issued under ORS 4758.286
may process marijuana;
(c) Reasonable conditions on the manner in which a marijuana wholesaler that
holds a license issued under ORS 4758.100 may sell marijuana at wholesale;
(d) Reasonable conditions on the manner in which a marijuana retailer that
holds a license issued under ORS 4758.105 may sell marijuana items;
(e) Reasonable limitations on the hours during which a premises for which a
license has been issued under ORS 4758.010 to 4758.545 may operate;
247 -18 -000915 -AD Page 6 of 38
(l Reasonable requirements related to the public's access to a premises for
which a license or certificate has been issued under ORS 4758.010 to
4758.545; and
(g) Reasonable limitations on where a premises for which a license or certificate
may be issued under ORS 4758.010 to 4758.545 may be located.
(2) Notwithstanding ORS 30.935, 215.253 (1) or 633.738, the governing body of a city or
county may adopt ordinances that impose reasonable regulations on the operation
of businesses located at premises for which a license or certificate has been issued
under ORS 4758.010 to 4758.545 if the premises are located in the area subject to
the jurisdiction of the city or county, except that the governing body of a city or
county may not:
(a) Adopt an ordinance that prohibits a premises for which a license has been
issued under ORS 4758.105 from being located within a distance that is
greater than 1,000 feet of another premises for which a license has been
issued under ORS 475E1.105.
(b) Adopt an ordinance that imposes a setback requirement for an agricultural
building used to produce marijuana located on a premises for which a license
has been issued under ORS 4758.070 if the agricultural building:
(A) Was constructed on or before July 1, 2015, in compliance with all
applicable land use and building code requirements at the time of
construction;
(8) Is located at an address where a marijuana grow site first registered
with the Oregon Health Authority under ORS 4758.810 on or before
January 1, 2015;
(C) Was used to produce marijuana pursuant to the provisions of ORS
4758.785 to 4758.949 on or before January 1, 2015; and
(D) Has four opaque walls and a roof. (Formerly 4758.3401
FINDING: Deschutes County has imposed reasonable regulations on marijuana production and
recently adopted amendments to clarify Deschutes County code section 18.116.330.
ORS 475B.526. MARIJUANA AS CROP; EXCEPTIONS TO PERMITTED USES.
(1) Marijuana is:
(a) A crop for the purposes of "farm use" as defined in ORS 215.203;
(b) A crop for purposes of a 'farm" and 'farming practice," both as defined in
ORS 30.930;
(c) A product of farm use as described in ORS 308A.062; and
(d) The product of an agricultural activity for purposes of ORS 568.909.
(2) Notwithstanding ORS chapters 195, 196, 197, 215 and 227, the following are not
permitted uses on land designated for exclusive farm use:
(a) A new dwelling used in conjunction with a marijuana crop;
(b) A farm stand, as described in ORS 215.213 (1)(r) or 215.283 (1)(o), used in
conjunction with a marijuana crop; and
247 -18 -000915 -AD Page 7 of 38
(c) A commercial activity, as described in ORS 215.213 (2)(c) or 215.283 (2)(a), carried on in
conjunction with a marijuana crop.
(3) A county may allow the production of marijuana as a farm use on land zoned for
farm or forest use in the same manner as the production of marijuana is allowed in
exclusive farm use zones under this section and ORS 215.213, 215.283 and 4758.063.
(4) This section applies to:
(a) Marijuana producers that hold a license issued under ORS 4758.070;
(b) Persons registered under ORS 4758.810 and designated to produce marijuana
by one or more persons who hold valid registry identification cards issued
under ORS 4758.797; and
(c) For the purpose of producing marijuana or propagating immature marijuana
plants, researchers of cannabis that hold a certificate issued under ORS
4758.286. (Formerly 4758.370]
FINDING: As stated above, the applicant is proposing to establish a marijuana production facility
on the subject property. As stated in subsection 1, marijuana is a crop for the purposes of "farm
use" as defined in ORS 215.203, but nevertheless subject to Deschutes County's "reasonable
regulations" pursuant to ORS 475B.486. The applicant is not proposing to construct a new dwelling,
farm stand or a commercial activity in conjunction with marijuana production.
ORS 215.203.
(2)(a)
ZONING ORDINANCES ESTABLISHING EXCLUSIVE FARM USE ZONES
As used in this section, 'farm use" means the current employment of land for the
primary purpose of obtaining a profit in money by raising, harvesting and selling
crops or the feeding, breeding, management and sale of, or the produce of, livestock,
poultry, fur -bearing animals or honeybees or for dairying and the sale of dairy
products or any other agricultural or horticultural use or animal husbandry or any
combination thereof. "Farm use" includes the preparation, storage and disposal by
marketing or otherwise of the products or by-products raised on such land for
human or animal use. "Farm use" also includes the current employment of land for
the primary purpose of obtaining a profit in money by stabling or training equines
including but not limited to providing riding lessons, training clinics and schooling
shows. "Farm use" also includes the propagation, cultivation, maintenance and
harvesting of aquatic, bird and animal species that are under the jurisdiction of the
State Fish and Wildlife Commission, to the extent allowed by the rules adopted by
the commission. "Farm use" includes the on-site construction and maintenance of
equipment and facilities used for the activities described in this subsection. "Farm
use" does not include the use of land subject to the provisions of ORS chapter 321,
except land used exclusively for growing cultured Christmas trees as defined in
subsection (3) of this section or land described in ORS 321.267 (Lands not eligible for
special assessment) (3) or 321.824 (Lands not eligible for special assessment) (3).
FINDING: The applicant is proposing to establish a marijuana production facility in the Exclusive
Farm Use Zone. The applicant's attorney states that the proposal meets the definition of farm use
247 -18 -000915 -AD Page 8 of 38
used in the section above and states that under ORS 4756.526(1), marijuana is a crop for purposes
of a "farm" 1 and "farming practices" 2 as defined in ORS 30.930. Staff notes that marijuana is
regulated differently from other farm crops and local governments are allowed to adopt reasonable
Time, Place, and Manner restrictions.
ORS 215.243. AGRICULTURAL LAND USE POLICY
The Legislative Assembly finds and declares that:
(1) Open land used for agricultural use is an efficient means of conserving natural
resources that constitute an important physical, social, aesthetic and economic
asset to all of the people of this state, whether living in rural, urban or metropolitan
areas of the state.
(2) The preservation of a maximum amount of the limited supply of agricultural land is
necessary to the conservation of the state's economic resources and the
preservation of such land in large blocks is necessary in maintaining the agricultural
economy of the state and for the assurance of adequate, healthful and nutritious
food for the people of this state and nation.
(3) Expansion of urban development into rural areas is a matter of public concern
because of the unnecessary increases in costs of community services, conflicts
between farm and urban activities and the loss of open space and natural beauty
around urban centers occurring as the result of such expansion.
(4) Exclusive farm use zoning as provided by law, substantially limits alternatives to the
use of rural land and, with the importance of rural lands to the public, justifies
incentives and privileges offered to encourage owners of rural lands to hold such
lands in exclusive farm use zones.
FINDING: The applicant's attorney states that the proposed marijuana production facility complies
with the state's agricultural land use policy and states that indoor marijuana production is one of
the few viable options for farmers in Deschutes County. Utilizing the subject property for indoor
marijuana production complies with the state's intent to preserve agricultural lands for agricultural
purposes. Staff notes that marijuana is regulated differently from other farm crops and local
governments are allowed to adopt reasonable Time, Place, and Manner restrictions.
1 "Farm" means any facility, including the land, buildings, watercourses and appurtenances thereto, used in the
commercial production of crops, nursery stock, livestock, poultry, livestock products, poultry products, vermiculture
products or the propagation and raising of nursery stock.
2 "Farming practice" means a mode of operation on a farm that:
(a) Is or may be used on a farm of a similar nature;
(b) Is a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money;
(c) Is or may become a generally accepted, reasonable and prudent method in conjunction with farm use;
(d) Complies with applicable laws; and
(e) Is done in a reasonable and prudent manner.
247 -18 -000915 -AD Page 9 of 38
OREGON'S STATEWIDE LAND USE PLANNING GOALS
The following statewide land use planning goals are applicable to the proposed marijuana
production facility.
GOAL 1 - CITIZEN INVOLVEMENT
FINDING: Goal 1 requires local jurisdictions to allow the opportunity for citizens to be involved in
all phases of the planning process. The Deschutes County procedures ordinance (Title 22) includes
notification requirements, outlines the public hearing process, and procedures for public testimony.
Notice of the application was mailed to property owners within 1,000 feet of the subject property.
The applicant also posted a land use action sign to notify citizens who may potentially be impacted
by the proposal but are outside of the noticing radius. Staff received written testimony during the
initial comment period which have been included into the record. Notice of the decision will be
mailed to neighbors within the noticing radius and all parties involved. If the decision is appealed, a
public hearing will be scheduled. Notice of the public hearing will be mailed to property owners
within the noticing radius, all parties involved, and will also be published in the local newspaper.
Citizens will have the opportunity to provide oral and written testimony if a public hearing is
scheduled.
GOAL 2 - LAND USE PLANNING
FINDING: Goal 2 requires each local government in Oregon to have and follow a comprehensive
land use plan that also complies with the requirements of each applicable statewide planning goal.
The applicant is proposing to establish a marijuana production facility which is a uniquely -regulated
agricultural use, as demonstrated by the aforementioned findings. The proposal is consistent with
the Deschutes County comprehensive plan as the subject property was designated agriculture.
GOAL 3 - AGRICULTURAL LANDS
FINDING: Goal 3 requires counties to identify farmland, designate it as such in the comprehensive
plan, and in the zoning ordinance by zoning these properties Exclusive Farm Use. The Exclusive
Farm Use section in the Deschutes County zoning ordinance is consistent with state law which
places restrictions on development unrelated to agriculture to ensure that agriculture -related
activities and development have a higher priority on these designated lands.
The subject property is zoned Exclusive Farm Use which allows marijuana production outright
subject to the provisions of DCC 18.116.330 adopted pursuant to ORS 475B.486.
CHAPTER 18.16, EXCLUSIVE FARM USE ZONE
Section 18.16.020. Use Permitted Outright.
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Page 10 of 38
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 (adopted pursuant to ORS 475B.486), which are
addressed below.
18.16.060. Dimensional Standards.
E. Building height. No building or structure shall be erected or enlarged to exceed 30
feet in height, except as allowed under DCC 18.120.040.
FINDING: The applicant did not provide details on the height of the proposed 1,800 -square -foot
structure. Staff includes the following condition of approval to ensure compliance with the
requirements of this section.
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.
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 direct frontage on Stirling Drive, a County owned and
maintained rural local road. The required setbacks in the EFU Zone are as follows: 40 feet from the
western property boundary and 25 feet from all other property boundaries. The applicant provided
a plot plan that shows the proposed building located more than 150 feet from all property
boundaries. The required yard setback criteria will be met. Any greater setbacks required by
applicable building or structural codes will be addressed during building permit review.
247 -18 -000915 -AD Page 11 of 38
CHAPTER 18.116, SUPPLEMENTARY PROVISIONS
Section 18.116.330, Marijuana Production, Processing, and Retailing.
A. Applicability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU and RI zones.
2. Marijuana Processing in the EFU, 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.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection A by deleting reference to
MUA-10 zones. If Ordinance No. 2018-012 is not acknowledged, the previous section 18.116.330
would apply to the application because it is proposed in the EFU zone.
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, the subject legal lot of record shall have a minimum lot
area of five (5) acres.
FINDING: The subject property is 17.08 acres in size and is a legal lot of record because it was
platted as Parcel 2 of PP2017-17. This criterion is met.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(1) by deleting reference to
MUA-10 zones. If Ordinance No. 2018-012 is not acknowledged, the previous subsection B(1) would
apply. In that case, the subject property still complies because it is over five (5) acres in size. This
criterion would still be met.
2. Indoor Production and Processing.
a. In the EFU zone, marijuana production and processing shall only be
located in buildings, including greenhouses, hoop houses, and similar
structures.
b. In all zones, marijuana production and processing are prohibited in
any outdoor area.
FINDING: The applicant has proposed that all production will occur within a new 1,800 square foot
structure on the subject property, complying with these criteria. Staff includes the following
condition of approval to ensure compliance with the requirements of this section.
No Outdoor Production: Marijuana production is prohibited in any outdoor area.
247 -18 -000915 -AD Page 12 of 38
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(2) by deleting reference to
MUA-10 zones and applicable standards for MUA-10 zones. If Ordinance No. 2018-012 is not
acknowledged, the previous subsection B(2) would apply. In that case, the subject application still
complies because, as proposed, all production will occur within a new 1,800 square foot structure
on the subject property. Staff again includes the following condition of approval to ensure
compliance with the requirements of this section.
No Outdoor Production: Marijuana production is prohibited in any outdoor area.
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 17.08 acres in size, therefore it qualifies for up to 5,000 square feet of
mature plant canopy. The applicant has proposed a 1,800 -square -foot mature plant canopy area.
The Oregon Administrative Rules (OAR) Chapter 845, Division 25, Section 845-025-1015 provides
definitions for OAR sections that regulate recreational marijuana through the OLCC.
Section 845-025-1015 provides the following relevant definitions:
(31) "Immature marijuana plant" means a marijuana plant that is not flowering.
(49) "Mature marijuana plant" means a marijuana plant that is not an immature marijuana plant.
Based on the OAR definitions and the DCC code section above, staff understands that mature plant
canopy includes the square footage where flowering marijuana plants are located and does not
include the square footage where non -flowering marijuana plants are located. This criterion can be
met, and staff adds the following condition of approval to ensure ongoing compliance.
247 -18 -000915 -AD Page 13 of 38
Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana plants shall
not exceed 1,800 square feet at any time.
NOTE: Ordinance No. 2018-012 did not change subsection B(3), so no alternative finding is
warranted. It should be noted that Ordinance No. 2018-012 did delete a previous subsection B(4)
applicable only to MUA-10 zone and thereby inapplicable to the current application.
4. 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 lot for the marijuana production use.
Limitation on License/Grow Site per Parcel: No more than one (1) Oregon Liquor Control
Commissioner (OLCC) licensed marijuana production site shall be allowed per legal lot.
NOTE: Ordinance No. 2018-012 did not change subsection B(4) (previously numbered as subsection
B(5)), so no alternative finding is warranted.
5. Setbacks. The following setbacks shall apply to all marijuana production and
processing areas and buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 150 feet.
b. Setback from an off-site dwelling: 400 feet.
c. Setback from Federal public lands: 300 feet.
d. 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.
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 shows the marijuana production facility meeting these minimum
setback requirements. The structure will be 151 feet from the northern property boundary which is
the closest boundary to the proposed structure. The structure will be setback more than 200 feet
from all other property lines. Based on the interactive map and measuring tool on Dial, the County's
property information website, the proposed structure will be more than 700 feet from the closest
dwelling to the west and more than 800 feet from land owned by the Bureau of Land Management
to the southeast. These criteria will be met.
247 -18 -000915 -AD Page 14 of 38
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(5) (previously numbered
as subsection (B)(6)) by increasing two setbacks and adding an additional setback from Federal
Public Lands. Thereby, compliance with the current subsection B(5) likewise ensures compliance
with the reduced setbacks pursuant to the previous subsection B(6). This criterion would still be
met.
6. Separation Distances. Minimum separation distances shall apply as follows:
a. The applicant property line shall be located a minimum of 1,320 feet
from:
i. A public elementary or secondary school for which attendance
is compulsory under Oregon Revised Statutes 339.010, et seq.,
including any parking lot appurtenant thereto and any property
used by the school;
ii. A private or parochial elementary or secondary school, teaching
children as described in ORS 339.030(1)(a), including any parking
lot appurtenant thereto and any property used by the school;
A licensed child care center or licensed preschool, including any
parking lot appurtenant thereto and any property used by the
child care center or preschool. This does not include licensed or
unlicensed child care which occurs at or in residential
structures;
iv. A youth activity center;
v. State, local, and municipal parks, including land owned by a
parks district;
vi. Redmond Urban Reserve Area;
vii. The boundary of any local jurisdiction that has opted out of
Oregon's recreational marijuana program; and
viii. Any other lot or parcel approved by Deschutes County for
marijuana production.
b. For purposes of DCC 18.116.330(8)(6), all distances shall be measured
from the lot line of the affected properties listed in DCC
18.116.330(8)(6)(a) to the closest point of the applicant's property line
of land 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)(6) shall not result in the marijuana producer or
marijuana processor being in violation of DCC 18.116.330(8)(6) if the use
is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
Lawfully established.
FINDING: There are 30 tax Tots wholly or partially within 1,320 feet (quarter mile) of the subject
property which staff was able to identify using the mailing label tool on Dial. The mailing label tool
generates a list of properties within a specific distance buffer from the subject property using the
data provided by the County Assessor's office.
247 -18 -000915 -AD Page 15 of 38
The property to the north and east is Sundance Meadows Ranch, a nonconforming recreational
community which was verified as a lawful use through land use file number 247 -17 -000754 -DR. This
decision identified several nonconforming uses at Sundance Meadows Ranch that constitute a
recreational vehicle parka, campground', farm uses, and commercial residential use' in the current
zoning ordinance. The recreational community includes accessory uses such as fishing, miniature
golf, frisbee golf, golf driving range, horseshoe pit, archery range, remote control car track,
playground, swimming pool, and a tennis court. Members and guests of the Sundance Meadows
Ranch are temporary residents of the recreational community and must adhere to the approved
occupancy limit. According to the decision for file number 247 -17 -000754 -DR, an owner can remain
on the ranch in the designated areas for up to 30 days at one time and then has to leave the ranch
for 7 days, not exceeding 120 days in the calendar year.
The term youth activity center is not defined in the Deschutes County Code. The Board of County
Commissioners determined in the Waveseer decision (File Nos. 247 -18 -000128 -AD, 477 -LR, 877 -LL,
899-A), that a property with "inherent characteristics of a place where activities center around youth
on a regular basis" such as a 4-H group rises to the level of a youth activity center.
Staff believes that "activity", in this context is may be defined as:
(5)(b) a form of organized, supervised, often extracurricular recreation'
3 "Recreational vehicle park" means a park intended, designed, or utilized for temporary occupancy primarily by
recreational vehicles.
4 "Campground" means an area devoted to overnight, temporary use for vacation, recreational or emergency purposes,
but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor amenity
that is accessible for recreational use by the occupants of the campground. It is also where facilities are provided to
accommodate camping for two or more tents, travel trailers, yurts or recreational vehicles. A campground shall not include
campsite utility hook-ups, intensely developed recreational uses such as swimming pools or tennis courts or commercial
activities such as retail stores or gas stations. A private campground may provide yurts for overnight camping. The yurt
shall be located on the ground or on a wood floor with no permanent foundation. No more than one-third or a maximum
of 10 campsites, whichever is smaller, may include a yurt. Overnight temporary use in the same campground by a camper
or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period.
5 "Farm use" means the current employment of land for the primary purpose of obtaining a profit in money by raising,
harvesting and selling crops or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur -
bearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or
animal husbandry or any combination thereof. "Farm use" includes the preparation, storage and disposal by marketing or
otherwise of the products or by-products raised on such land for human or animal use. "Farm Use" also includes the current
employment of the land for the primary purpose of obtaining a profit in money by stabling or training equines, including but
not limited to, providing riding lessons, training clinics and schooling shows. "Farm use" also includes the propagation,
cultivation, maintenance and harvesting of aquatic species and bird and animal species to the extent allowed by the rules
adopted by the State Fish and Wildlife Commission. "Farm use" includes the on-site construction and maintenance of
equipment and facilities used for the activities described above. "Farm use" does not include the use of land subject to the
provisions of ORS chapter 321, except land used exclusively for growing cultured Christmas trees as defined in ORS
215.203(3). Current employment of the land for farm use also includes those uses listed under ORS 215.203(2)(b).
a "Commercial residential uses" means a building, portion of a building or group of buildings designed or used for human
occupancy or lodging for which a fee is charged, such as a hotel, motel or tourist camp, but excluding quarters intended
for permanent occupancy such as a duplex or apartment. A manufactured home park is not included in this definition.
' https://www.merriam-webster.com/dictionary/activity
247 -18 -000915 -AD Page 16 of 38
Youth may be defined as:
(1)(a) the time of life when one is young
especially: the period between childhood and maturity'
Staff finds that this aligns with the Boards decision in Waveseer, in that 4-H is organized, supervised,
extracurricular recreation directed toward the young.
Center' may be defined as:
(2)(a) a point, area, person, or thing that is most important or pivotal in relation to an indicated
activity, interest, or condition
(2)(e) a facility providing a place for a particular activity or service
Staff has previously thought of "center" in the (2)(e) sense, where a "center" has lawfully developed
facilities for a particular activity or service. However, it is clear that in Waveseer the Board has
interpreted this provision to be broader and closer to the (2)(a) definition of "center".
Sundance Meadows Ranch contains a number of regularly -used amenities that are typically enjoyed
by the young, including all the recreational community accessory uses listed above. Staff finds that
the ranch has lawfully developed facilities for recreation and it is likely, particularly under the
Board's Waveseer interpretation of "center", that the ranch is a recreation center for people of all
ages. However, as discussed above, staff also finds that there is no evidence in the record that
organized, supervised, extracurricular recreation directed toward the young occurs on a regular
basis at the ranch. Based on the occupancy limit and the nature of the ranch, it is also likely that
youth are predominantly visiting the ranch on a temporary basis, and/or during holidays or school
breaks. As such, staff concludes that the ranch is not a Youth Activity Center subject to the setback
under this criterion.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(6) (previously numbered
as subsection (B)(7)) by increasing the separation distance to 1,320 feet from new uses that were
not identified in the previous subsection. The separation distance requirement now applies to state,
local, municipal parks, land owned by a parks district, the Redmond Urban Reserve Area, the
boundary of any local jurisdiction that has opted out of Oregon's recreational marijuana program,
and any other lot or parcel approved by Deschutes County for marijuana production. The separation
distance is also required to be measured from the subject property line rather than the proposed
use. If Ordinance No. 2018-012 is not acknowledged, the previous subsection B(7) would apply. In
that case, the subject application still complies because the subject property is more than 1,320
square feet from uses identified in subsection B(6) and the previous subsection B(7).
7. Access. Marijuana production sites shall comply with the following
standards.
8 https://www.merriam-webster.com/dictionary/youth
9 https://www.merriam-webster.com/dictionary/center
247 -18 -000915 -AD Page 17 of 38
a. Have frontage on and legal direct access from a constructed public,
county, or state road; or
b. Have access from a private road or easement serving only the subject
property.
c. If the property takes access via a private road or easement which also
serves other properties, the applicant shall obtain written consent to
utilize the easement or private road for marijuana production access
from all owners who have access rights to the private road or
easement. The written consent shall:
i. Be on a form provided by the County and shall contain the
following information;
ii. Include notarized signatures of all owners, persons and
properties holding a recorded interest in the private road or
easement;
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 has direct frontage on Stirling Drive, a County owned and
maintained rural local road. This criterion is met.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(7) (previously numbered
as subsection (B)(8)) by requiring the access standards for all proposed marijuana production sites
rather than the proposed sites with over 5,000 square feet of mature canopy area. If Ordinance No.
2018-012 is not acknowledged, the application still complies because the subject property has direct
frontage on Stirling Drive and has an approved driveway access permit (247 -18 -007538 -DA).
8. 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 sunset to sunrise.
b. Lighting fixtures shall be fully shielded in such a manner that all light
emitted directly by the lamp or a diffusing element, or indirectly by
reflection or refraction, is projected below the horizontal plane through
the lowest light -emitting part.
c. Light cast by exterior light fixtures other than marijuana grow lights
shall comply with DCC 15.10, Outdoor Lighting Control.
FINDING: The applicant states that the proposed structure will be completely enclosed and no lights
will be visible from the outside. The applicant also states that the proposed structure itself will not
be visible from the road or nearby residences due to the existing trees and topography of the
property. These standards will be met and compliance can be assured with the following condition
of approval.
Lighting: The following lighting standards shall be met at all times:
247 -18 -000915 -AD Page 18 of 38
(a) Inside building lighting used for marijuana production shall not be visible outside the
building from sunset to sunrise;
(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 Tight -emitting part; and
(c) The Tight cast by exterior Tight fixtures other than marijuana growing lights shall comply with
DCC 15.10, Outdoor Lighting Control.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(8) (previously numbered
as subsection (B)(9)) by changing the hours in which lighting cannot be visible from outside of the
building. The new hours are from sunset to sunrise. If Ordinance No. 2018-012 is not acknowledged,
the application still complies because the applicant has stated that the proposed structure will be
completely enclosed and no lights will be visible from the outside and the structure is situated in an
area that will not be visible from the road or nearby residences due to the characteristics of the
subject property. Staff again includes the following condition of approval to ensure compliance with
the requirements of this section.
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 sunset to sunrise;
(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.
9. Odor. 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. As used in DCC 18.116.330(8)(9), building
means the building, including greenhouses, hoop houses, and other similar
structures, used for marijuana production or marijuana processing. Odor
produced by marijuana production and processing shall comply with the
following:
FINDING: As described in detail below, staff finds this criterion will be met when the applicant
installs the 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 systems 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 at all times. Significant modifications to the odor control plan
including but not limited to replacement of one system for another or a change in odor control
methodology shall require a modification of conditions.
247 -18 -000915 -AD Page 19 of 38
a. Odor control plan. To ensure that the standard stated in DCC
18.116.330(8)(9) is continuously met, the applicant shall submit an odor
control plan prepared and stamped by a mechanical engineer licensed
in the State of Oregon that includes the following:
1. The mechanical engineer's qualifications and experience with
system design and operational audits of effective odor control
and mitigation systems;
FINDING: The applicant provided a site-specific odor control plan prepared by Oregon -licensed
mechanical engineer Rob James, PE of ColeBreit Engineering, dated December 3, 2018. ColeBreit
Engineering has provided several dozen odor and noise control reports since 2016. Mr. James
states:
...this has involved extensive research, development of our own techniques, and a deeper understanding
of the factors at play, including:
Common practices and requirements from other jurisdictions, and the effects of these as the
industry matures
Efficiency and required maintenance of various methods, such as carbon filtration and fogging
Demonstration of odor & noise compliance at not -yet -constructed sites
ii. A detailed analysis of the methodology, including verified
operational effectiveness, that will be relied upon to effectively
control odor on the subject property;
FINDING: Mr. James' odor control report provides information on the type of technology and
materials used, case studies, examples from other jurisdictions, volume calculations, maintenance
plan, benefits, and recommended best practices. In place of an extensive quote from the mechanical
engineer's report within this finding, staff references the mechanical engineer's report which is
included in the record.
A detailed description of any odor control systems that will be
utilized, including operational schedules and maintenance
intervals;
FINDING: The applicant is proposing to neutralize cannabis odors using carbon filters attached to
inline fans that will circulate air within five different areas of the proposed 1,800 -square -foot
building. The odor control report states that no air will be mechanically exhausted to the exterior
except for the employee restroom but the restroom will not contain any cannabis. The mechanical
engineer's odor control plan suggests that the filters are installed according to the table provided in
Figure 1.
247 -18 -000915 -AD Page 20 of 38
Room Name
Flower Room #1
Flower Room 142
Veg Rroor
Figure 1
l/W/H, Volume, Suggested Inline
feet cubic feet Fan > Carbon Filter
2?/18,+11,'52 11) 12" Max -Fan w/
Can 1,50 Filter
22/18/12 4,752 11j 12' Max -Fan w/
Can 150 Filter
20/14;'12 3,360 (1) 12" Max -Fan w/
Can 150 Filter
Filtered CFM
Provided
1,440
,440
Filtered Air
Changes Per Hour
18.2
Dry Cure Room 88411.2 1:344
Entry
Irregular " 7,
shape
oii
2
ax -fan w/
Can 125 Filter
(1)1.2 Max -Fart w/
Cara 125 Filter
oorra volumes and suggesrcc f f[r(rt.On copaciry
598 26.7
,44
The odor control report includes maintenance recommendations from three sources:
From the American Society of Heating, Refrigeration and Air Conditioning (ASHRAE), "the life of activated
carbon in odor control system ranges from a few weeks to a year or more, depending on the concentration
of the odorous emission:. 12016 ASHRAE Handbook - HVAC Systems and Equipment, see Appendix F] This
is in-line with the information we have received from the filter manufacturer, "The life of a filter is
determined by the concentration of the contaminant, the relative humidity and the volume of air being
cleaned. Unfortunately, there is no indicator light on the filter that tells you when it is ready to be replaced.
Typically 12-18 months is expected of the Original Can -Filter, although many of them have lasted much
longer."Additionally, Denver Public Health & Environment states that "Depending on the filter load, most
carbon filters will last 6-12 months in a commercial cultivation environment and should be replaced
according to the manufacturer's recommendations."
The applicant is proposing to change the pre -filter every three months and the carbon filter every
six months. Depending on the concentration of the contaminants, the filters may need to be
changed sooner and the facility manager will be responsible for checking for odors which is a sign
of breakdown. The applicant has included in their operational schedule to check for breakdown
daily.
iv. Contingence measures if any aspect of the odor control plan
fails or is not followed, or if it is otherwise shown that the
standard stated in DCC 18.116.330(8)(9) is not met;
FINDING: The applicant's standard operating procedure includes provisions to implement their
odor control plan so that the equipment is operational and functional at all times. The applicant is
proposing to have a backup generator in case of an electrical failure, extra fans and filters on-site
for immediate replacements when necessary, and the applicant will be on-site every day to make
sure the facility is running properly. The applicant has also stated that he is willing to upgrade his
247 -18 -000915 -AD Page 21 of 38
odor control system to new and better technology if and when it becomes available. To address the
remainder of this criterion, staff includes the following conditions of approval.
Failure to Follow Odor Control Plan: The applicant shall ensure that the odor control plan is followed
at all times and in all circumstances. Failure to comply with this condition may result in the County
initiating code enforcement action and/or permit revocation proceedings under DCC 22.36.060.
Failure to Meet Odor Control Objectives: The applicant shall ensure that odor does not unreasonably
interfere with the neighbors' use and enjoyment of their property. If, at any time, the odor control
plan and system are not meeting the aforementioned standard, the applicant shall immediately
address the deficiency, replace filters, conduct necessary repairs, etc., and/or apply for a modification
of the odor control plan or system, the approval of which shall be pursed timely. Failure to comply
with this condition may result in the County initiating code enforcement action and/or permit
revocation proceedings under DCC 22.36.060.
v. Testing protocols and intervals; and
FINDING: The applicant is proposing to test the odor control system at least once per week by
physically checking odor levels from nearby property boundaries. The applicant also states that he
will be on-site daily and will be able to monitor both the inside and outside of the facility. The testing
protocol will include frequent exams of the fans and the filters and the applicant proposes to change
all filters used in the odor control system when they reach 80% of their suggested life span. The
applicant states that no filters will be used in the system that have Tess than 20% of their life span.
Staff finds the proposed testing protocols and intervals to be sufficient for ensuring that the odor
control system is always working properly.
vi. Identification of the responsible parties tasked with
implementing each aspect of the odor control plan.
FINDING: The applicant, Tommy Nehmzow, will be the person responsible for implementing all
aspects of the odor control system described in the odor control report prepared by ColeBreit
Engineering. Mr. Nehmzow will be on-site daily and have 24 hour access to the security system to
be able to monitor the marijuana production facility at any time.
b. Modifications. Significant modifications to the odor control plan,
including but not limited to replacement of one system for another or
a change in odor control methodology shall be approved in the same
manner as a modification to a land use action pursuant to DCC
22.36.040.
FINDING: A condition of approval will be included to ensure ongoing compliance with the
requirements of this criterion.
247 -18 -000915 -AD Page 22 of 38
Odor Control Modification. Significant modifications to the odor control plan, including but not limited
to replacement of one system for another or a change in odor control methodology shall be approved
in the same manner as a modification to a land use action pursuant to DCC 22.36.040.
c. The system shall at all times be maintained in working order and shall
be in use.
FINDING: A condition of approval will be included to ensure ongoing compliance with the
requirements of these criteria.
Odor: The proposed odor control systems 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 at all times. Significant modifications to the odor control plan
including but not limited to replacement of one system for another or a change in odor control
methodology shall require a modification of conditions.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(9) (previously numbered
as subsection (B)(10)) by requiring specific information in the odor control plan such as the
mechanical engineer's qualifications, the mechanical engineer's experiences, details on system
design, operational audits, analysis of the methodology, operational schedules, maintenance
intervals, testing protocols, contingency measures if the plan fails, identification of the responsible
parties tasked with implementing the plan, and modification requirements if the applicant proposes
a change in odor control methodology. If Ordinance No. 2018-012 is not acknowledged, the previous
subsection B(10) would apply. In that case, the subject property still complies because the submitted
odor control plan includes additional details that were not required in the previous subsection. Staff
again includes the following conditions of approval to ensure compliance with the requirements of
this section.
Odor: The proposed odor control systems 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 at all times. Significant modifications to the odor control plan
including but not limited to replacement of one system for another or a change in odor control
methodology shall require a modification of conditions.
Failure to Follow Odor Control Plan: The applicant shall ensure that the odor control plan is followed
at all times and in all circumstances. Failure to comply with this condition may result in the County
initiating code enforcement action and/or permit revocation proceedings under DCC 22.36.060.
Failure to Meet Odor Control Objectives: The applicant shall ensure that odor does not unreasonably
interfere with the neighbors' use and enjoyment of their property. If, at any time, the odor control
plan and system are not meeting the aforementioned standard, the applicant shall immediately
address the deficiency, replace filters, conduct necessary repairs, etc., and/or apply for a modification
of the odor control plan or system, the approval of which shall be pursed timely. Failure to comply
with this condition may result in the County initiating code enforcement action and/or permit
revocation proceedings under DCC 22.36.060.
247 -18 -000915 -AD Page 23 of 38
Odor Control Modification. Significant modifications to the odor control plan, including but not limited
to replacement of one system for another or a change in odor control methodology shall be approved
in the same manner as a modification to a land use action pursuant to DCC 22.36.040.
10. Noise. Noise produced by marijuana production and marijuana processing
shall comply with the following:
a. Standard. To prevent unreasonable interference of neighbors' use and
enjoyment of their property, sustained noise including ambient noise
levels shall not be detectable beyond the applicant's property line
above 45 d8(A) in total between 10:00 pm and 7:00 am the following
day.
i. For purposes of DCC 18.116.330(8)(10), "sustained noise" shall
mean noise lasting more than five continuous minutes or five
total minutes in a one hour period from mechanical equipment
used for heating, ventilation, air condition, odor control, fans
and similar functions associated with marijuana production and
processing.
FINDING: As described in detail below, staff finds this criterion will be met when the applicant
installs the systems as specified in the mechanical engineer's report, and adds the following
condition to ensure ongoing compliance with the requirements of this section.
Noise: At all times, noise lasting more than five continuous minutes or five total minutes in a one
hour period from mechanical equipment used for heating, ventilation, air conditioning, odor
control, fans and similar functions shall not exceed 45 dB(A) measured at any property line between
10:00 p.m. and 7:00 a.m. the following day.
b. Noise control plan. To ensure that the standard stated in DCC
18.116.330(8)(10) is continuously met, the applicant shall submit a
noise control plan prepared and stamped by a mechanical engineer
licensed in the State of Oregon that includes the following:
i. The mechanical engineer's qualifications and experience with
system design and operational audit of effective noise control
and mitigation systems;
FINDING: The applicant provided a site-specific noise control plan prepared by Oregon -licensed
mechanical engineer Rob James, PE of ColeBreit Engineering, dated December 3, 2018. As stated
previously under the findings for the odor -related criteria, ColeBreit Engineering has provided
several dozen odor and noise control reports since 2016 which involved extensive research,
development of their own techniques, and a deeper understanding of common practices, system
efficiency and best practices for maintenance.
ii. A detailed analysis of the methodology that will be relied upon
to effectively control noise on the subject property;
247 -18 -000915 -AD Page 24 of 38
FINDING: The applicant is proposing to install three mini -split air conditioners to maintain
temperature and humidity within each space. The units serving the two flower rooms will operate
from 8:00 am to 8:00 pm, and the third unit in the veg room will operate from 8:00 am to 2:00 am.
According to the mechanical engineer, the one unit that will be operating after 10:00 pm will not
exceed 45 dB(A) since the noise from all units operating at once does not exceed this threshold.
Mr. James' report includes ambient noise measurements taken at approximately 7:00 a.m. on
November 29, 2018. Further, the measurements were taken at the property lines with no equipment
running, and a virtual noise model was performed to estimate noise levels contributed by future
HVAC equipment. The engineer used the DB map tool from MAS Environmental to simulate the
noise generated by the additional proposed mechanical equipment and includes the specification
sheet that the engineer relied on to perform these calculations. As demonstrated in this report, the
final simulated noise levels will be under 45 dB(A). The predicted noise levels are tabulated below.
Propert
North
East
dBA levels contributed by equ
23.1
62
South
West
ToNe 3: Recorded, srrnula
3..2
43
and predicted peak nose levOs
As mentioned previously, the indoor units that scrub the air of cannabis odor will not exhaust air to
the outside of the proposed building. The mechanical engineer states that these indoor units are
quieter and the noise from these fans will be blocked by the building itself. Based on the information
presented in the mechanical engineer's report, staff finds that the proposed mechanical equipment
will comply with the 45 dB(A) noise limit between 10:00 p.m. and 7:00 a.m.
A detailed description of any noise control systems that will be
utilized, including operational schedules and maintenance
intervals;
FINDING: The mechanical engineer's report cites "ground hardness", topography of the subject
property, distance from property lines and the existing cover of vegetation as contributing factors
to the absorption of sound. The three units will be operating at the same time from 8:00 am to 8:00
pm. One unit will continue operating until 2:00 am, but as demonstrated above all units operating
at the same time will not exceed 45 dB(A) at the property boundaries, therefore, the one unit will
not produce noise exceeding 45 dB(A) from any of the property boundaries.
Contingence measures if any aspect of the noise control plan
fails or is not followed, or if it is otherwise shown that the
standard stated in DCC 18.116.330(8)(10) is not met;
FINDING: As previously mentioned, the applicant is proposing to be on-site daily and will be
monitoring all units. The applicant also states that the standard operating procedure is to check
property boundaries for odor and noise at least once a week. Staff finds that these contingency
247 -18 -000915 -AD Page 25 of 38
measures are sufficient. To address the remainder of this criterion, staff includes the following
conditions of approval.
Failure to Follow Noise Control Plan: The applicant shall ensure that the noise control plan is followed
at all times and in all circumstances. Failure to comply with this condition may result in the County
initiating code enforcement action and/or permit revocation proceedings under DCC 22.36.060.
Failure to Meet Noise Control Objectives: The applicant shall ensure that noise does not unreasonably
interfere with the neighbors' use and enjoyment of their property. If, at any time, the noise control
plan is not meeting the aforementioned standard, the applicant shall immediately address the
deficiency, conduct necessary repairs, etc., and/or apply for a modification of the noise control plan,
the approval of which shall be pursed timely. Failure to comply with this condition may result in the
County initiating code enforcement action and/or permit revocation proceedings under DCC
22.36.060.
iv. Testing protocols and intervals; and
FINDING: The applicant is proposing to be on-site daily and will be able to monitor the facility 24
hours a day through security cameras and data. The applicant is also proposing to test the noise
control plan at least once per week by physically checking noise levels from the property
boundaries. Staff finds the proposed testing protocols and intervals to be sufficient for ensuring
that the noise control plan is always working properly.
v. Identification of the responsible parties tasked with
implementing each aspect of the noise control plan.
FINDING: The applicant, Tommy Nehmzow, will be the person responsible for implementing all
aspects of the odor and noise control system described in the report prepared by ColeBreit
Engineering.
c. Modifications. Significant modifications to the noise control plan,
including but not limited to replacement of one system for another or
a change in noise control methodology shall be approved in the same
manner as a modification to a land use action pursuant to DCC
22.36.040.
FINDING: A condition of approval will be included to ensure ongoing compliance with the
requirements of this criterion.
Noise Control Modification. Significant modifications to the noise control plan, including but not
limited to replacement of one system for another or a change in noise control methodology shall be
approved in the same manner as a modification to a land use action pursuant to DCC 22.36.040.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(10) (previously numbered
as subsection (B)(11)) by requiring specific information in the noise control plan such as the
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mechanical engineer's qualifications, the mechanical engineer's experiences, details on system
design, operational audits, analysis of the methodology, operational schedules, maintenance
intervals, testing protocols, contingency measures if the plan fails, identification of the responsible
parties tasked with implementing the plan, and modification requirements if the applicant proposes
a change in noise control methodology. This subsection also defines "sustained noise" and allows
noise levels up to 45 dB(A) from the property boundaries. If Ordinance No. 2018-012 is not
acknowledged, the previous subsection B(11) would apply. In that case, the subject property still
complies because mechanical engineer's report shows predicted noise levels to be under 30 dB(A)
and the report contains additional details that were not required in the previous subsection. Staff
again includes the following conditions of approval to ensure compliance with the requirements of
this section.
Noise: At all times, noise lasting more than five continuous minutes or five total minutes in a one
hour period from mechanical equipment used for heating, ventilation, air conditioning, odor
control, fans and similar functions shall not exceed 45 dB(A) measured at any property line between
10:00 p.m. and 7:00 a.m. the following day.
Failure to Follow Noise Control Plan: The applicant shall ensure that the noise control plan is followed
at all times and in all circumstances. Failure to comply with this condition may result in the County
initiating code enforcement action and/or permit revocation proceedings under DCC 22.36.060.
Failure to Meet Noise Control Objectives: The applicant shall ensure that noise does not unreasonably
interfere with the neighbors' use and enjoyment of their property. If, at any time, the noise control
plan is not meeting the aforementioned standard, the applicant shall immediately address the
deficiency, conduct necessary repairs, etc., and/or apply for a modification of the noise control plan,
the approval of which shall be pursed timely. Failure to comply with this condition may result in the
County initiating code enforcement action and/or permit revocation proceedings under DCC
22.36.060.
Noise Control Modification. Significant modifications to the noise control plan, including but not
limited to replacement of one system for another or a change in noise control methodology shall be
approved in the same manner as a modification to a land use action pursuant to DCC 22.36.040.
11. 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. All marijuana uses, buildings, structures, fences, and storage and
parking areas, whether a building permit is required or not, in the
Landscape Management Combining Zone, shall comply with and
require DCC 18.84, Landscape Management Combining Zone approval.
b. Fencing and screening 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.
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c. Razor wire, or similar, shall be obscured from view or colored a muted
earth tone that blends with the surrounding natural landscape.
d. The existing tree and shrub cover screening the development from the
public right-of-way or adjacent properties shall be retained to the
maximum extent possible. This provision does not prohibit
maintenance of existing lawns, removal of dead, diseased or hazardous
vegetation; the commercial harvest of forest products in accordance
with the Oregon Forest Practices Act; or agricultural use of the land.
FINDING: The subject property is not in the Landscape Management or the Wildlife Area Combining
Zone. No fencing or razor wire is proposed. The applicant states in their burden of proof that the
proposed structure itself will not be visible from the road or nearby residences due to the existing
trees and topography of the property. Furthermore, the structures exceed setbacks from property
lines required by DCC sections 18.16.070 and 18.116.330(B)(5). Staff finds these criteria will be met
and adds the following conditions to ensure compliance with the requirements of this section.
Fencing: Fencing shall be finished in a muted earth tone that blends with the surrounding natural
landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales,
tarps, etc.
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.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(11) (previously numbered
as subsection (B)(12)) by requiring all proposed buildings, structures, fences, storage, and parking
areas to comply with the standards of DCC 18.84 regardless if a building permit is required or not.
If Ordinance No. 2018-012 is not acknowledged, the previous subsection B(12) would apply. In that
case, the subject property still complies because the subject property is not within the Landscape
Management Combining Zone. Staff again includes the following condition of approval to ensure
compliance with the requirements of this section.
Fencing: Fencing shall be finished in a muted earth tone that blends with the surrounding natural
landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales,
tarps, etc.
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.
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12. Water. Applicant shall state the anticipated amount of water to be used, as
stated on the water right, certificate, permit, or other water use authorization,
on an annual basis. Water use from any source for marijuana production shall
comply with all applicable state statutes and regulations. The applicant shall
provide:
a. An Oregon Water Resources Department (OWRD) Certificate(s), permit,
or other water use authorization proving necessary water supply of
proper classification will be available for intended use during required
seasons, regardless of source; or
b. A source water provider Will Serve statement referencing valid Water
Right to be utilized, if any, as well as a Will Haul statement, including
the name and contact information of the water hauler; or
c. In the alternative to (a) and (b) above, proof from Oregon Water
Resources Department that the water supply to be used does not
require a Water Right for the specific application use classification,
volume, and season of use (i.e., roof -collected water).
d. If the applicant is proposing a year-round production facility, the water
right, certificate, permit, or other water use authorization must
address all permitted sources of water for when surface water is
unavailable.
e. In the event that the water source for the facility changes from the use
of an OWRD certificate, permit, or other water use authorization to the
use of a water hauler, or from the use of a water hauler to another
source, a modification to a land use action pursuant to DCC 22.36.040
is required.
FINDING: The applicant is proposing to have water delivered to the subject property by Avion Water
Company, Inc. which has quasi -municipal water rights10. Avion Water Company, Inc. provided a "will
serve" letter stating that they are willing and able to serve the subject property for the proposed
marijuana production use. The "will serve" letter also includes their contact information. Staff
includes the following conditions of approval to ensure ongoing compliance with the requirements
of this section.
Water Source: Water use from any source for marijuana production shall comply with all applicable
state statutes and regulations.
Water Source Modification: In the event that the water source for the facility changes from the use of
a water hauler to another source, a modification to a land use action pursuant to DCC 22.36.040 is
required.
10 "Quasi -Municipal Water Use" means the delivery and use of water through the water service system of a corporation
other than a public corporation created for the purpose of operating a water supply system, for those uses usual and
ordinary to municipal water use, or a federally recognized Indian tribe that operates a water supply system for uses usual
and ordinary to a municipal water use. A quasi -municipal water right shall not be granted the statutory municipal
preferences given to a municipality under ORS 537.190(2), 537.230(1), 537.352, 537.410(2), 540.510(3), 540.610(2), (3), or
those preferences over minimum streamflow designated in a basin program.
247 -18 -000915 -AD Page 29 of 38
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(12) (previously numbered
as subsection (B)(13)) by specifying how the "will serve" letters should be structured. If Ordinance
No. 2018-012 is not acknowledged, the previous subsection B(12) would apply. In that case, the
subject property still complies because the applicant provided a "will serve" letter that meets the
requirements of the previous subsection. Staff again includes the following condition of approval to
ensure compliance with the requirements of this section.
Water Source: Water use from any source for marijuana production shall comply with all applicable
state statutes and regulations.
Water Source Modification: In the event that the water source for the facility changes from the use of
a water hauler to another source, a modification to a land use action pursuant to DCC 22.36.040 is
required.
13. Fire protection for processing of cannabinoid extracts. Processing of
cannabinoid extracts shall only be permitted on properties located within
the boundaries of or under contract with a fire protection district.
FINDING: No processing is proposed. This section does not apply.
NOTE: Ordinance No. 2018-012 did not change subsection B(13) (previously numbered as
subsection B(14)), so no alternative finding is warranted.
14. Utility Verification. Utility statements identifying the proposed operation, or
operational characteristics such as required electrical load and timing of such
electrical loads and 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. The utility shall state that it has reviewed the
new service or additional load request and determined if existing capacity can
serve the load or if a system upgrade is required. Any new service request or
additional load request requiring an upgrade shall be performed per the
serving utility's stated policy.
FINDING: The applicant submitted a "will serve" letter from the Central Electric Cooperative (CEC)
dated October 1, 2018, which included information identifying the use as marijuana production, the
electrical load, and that the electrical Toad can be provided for. The letter from CEC states:
In response to your inquiry, please be advised that property located in T. 18S., R. 13E, W.M., Section 00,
Tax Lot 6007, Parcel 2 Deschutes County, Oregon, is within the service area of Central Electric Cooperative,
Inc.
Central Electric Cooperative has reviewed the provided load information (Existing 600 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.
247 -18 -000915 -AD Page 30 of 38
This criterion is met.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(14) (previously numbered
as subsection (B)(15)) by requiring that the utility statements identify the proposed operation,
operational characteristics and specifies how the utility company should structure their statements.
If Ordinance No. 2018-012 is not acknowledged, the previous subsection B(15) would apply. In that
case, the subject property still complies because the applicant provided a "will serve" letter from the
utility company stating that the company is able and willing to serve the operation.
15. 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 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 the requirements of the OLCC.
NOTE: Ordinance No. 2018-012 did not change subsection B(15) (previously numbered as
subsection B(16)), so no alternative finding is warranted.
16. Secure Waste Disposal.
a. 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).
b. Wastewater generated during marijuana production and/or processing
shall be disposed of in compliance with applicable federal, state, and
local laws and regulations.
FINDING: The applicant states that all marijuana waste will be stored in a secure receptacle within
the proposed building which will be equipped with an odor control system. 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.
NOTE: Ordinance No. 2018-012 did not change subsection B(16) (previously numbered as
subsection B(17)), so no alternative finding is warranted. It should be noted that Ordinance No.
2018-012 did delete a previous subsection B(18) applicable only to MUA-10 zone and thereby
inapplicable to the current application.
17. Nonconformance. All medical marijuana grow sites lawfully established prior
to June 8, 2016 by the Oregon Health Authority shall comply with Ordinance
247 -18 -000915 -AD Page 31 of 38
2016-015 and 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.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(17) (previously numbered
as subsection (BM 9)) by requiring compliance with Ordinance 2016-015. If Ordinance No. 2018-012
is not acknowledged, the previous subsection B(19) would apply. As mentioned above, the subject
property was not a lawfully established medical marijuana grow site.
18. 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.
b. In the EFU 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.
FINDING: None of the prohibited uses have been proposed by the applicant or currently exist on
the property. Staff includes the following condition of approval to ensure ongoing compliance with
the requirements of this section.
Prohibited Uses: The uses listed in DCC 18.116.330(6)(18) shall be prohibited on the subject property
so long as marijuana production is conducted on the site.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection B(18) (previously numbered
as subsection (B)(20)) by deleting reference to MUA-10 zones. If Ordinance No. 2018-012 is not
acknowledged, the previous section 18.116.330 would apply to the application because it is
proposed in the EFU zone. Staff again includes the following condition of approval to ensure
compliance with the requirements of this section.
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Prohibited Uses: The uses listed in DCC 18.116.330(6)(18) shall be prohibited on the subject property
so long as marijuana production is conducted on the site.
19. Compliance.
a. Odor. On-going compliance with the odor control plan is mandatory and
shall be ensured with a permit condition of approval. The odor control
plan does not supersede required compliance with the standard set
forth in DCC 18.116.330(8)(9). If provided in applicable state statutes,
private actions alleging nuisance or trespass associated with odor
impacts are authorized.
b. Noise. On-going compliance with the noise control plan is mandatory
and shall be ensured with a permit condition of approval. The noise
control plan does not supersede required compliance with the standard
set forth in DCC 18.116.330(8)(10). If provided in applicable state
statutes, private actions alleging nuisance or trespass associated with
odor impacts are authorized.
FINDING: On-going conditions of approval have been included above to ensure compliance with
the odor and noise control plan as specified in the mechanical engineer's report.
ALTERNATIVE FINDING: Ordinance No. 2018-012 added subsection B(19).
D. Inspections and 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. An optional statement of annual water 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. As a condition of approval, the applicant must consent in writing to
allow Deschutes County to, randomly and without prior notice, inspect
the premises and ascertain the extent and effectiveness of the odor
control system(s), compliance with the Deschutes County Code, and
applicable conditions of approval. Inspections may be conducted by the
County up to three (3) times per calendar year, including one inspection
prior to the initiation of use.
e. Conditions of Approval Agreement to be established and maintained by
the Community Development Department.
247 -18 -000915 -AD Page 33 of 38
f
g.
h.
Documentation that System Development Charges have been paid.
This information shall be public record subject to ORS 192.502(17).
Failure to timely submit the annual report, fee, and Consent to Inspect
Premises form or to demonstrate compliance with DCC
18.116.330(D)(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.
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.
Inspection: The applicant must consent in writing to allow Deschutes County to, randomly and
without prior notice, inspect the premises and ascertain the extent and effectiveness of the odor
control system(s), compliance with the Deschutes County Code, and applicable conditions of approval.
Inspections may be conducted by the County up to three (3) times per calendar year, including one
inspection prior to the initiation of use.
ALTERNATIVE FINDING: Ordinance No. 2018-012 changed subsection D(1) by requiring a condition
of approval that the applicant will agree to inspections up to three times per calendar year,
documentation that System Development Charges have been paid, and requirement to timely
submit the annual report, fee and Consent to Inspect Premises form. If Ordinance No. 2018-012 is
not acknowledged, the previous section 18.116.330 would apply to the application. Staff again
includes the following condition of approval to ensure compliance with the requirements of this
section.
Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met.
Inspection: The applicant must consent in writing to allow Deschutes County to, randomly and
without prior notice, inspect the premises and ascertain the extent and effectiveness of the odor
control system(s), compliance with the Deschutes County Code, and applicable conditions of approval.
Inspections may be conducted by the County up to three (3) times per calendar year, including one
inspection prior to the initiation of use.
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.
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V. SYSTEM DEVELOPMENT CHARGE
Board Resolution 2013-020 sets an SDC rate of $4,240 per p.m. peak hour trip. The Institute of Traffic
Engineers (ITE) trip generation manual indicates Warehouse generates 0.19 p.m. peak hour trips
per 1,000 square feet. The Board in a policy decision in early 2017 agreed to use Warehouse for
marijuana production. The applicant's materials indicate a building of 1,800 square feet (36' X 50')
will be used for cannabis production and support. The County's SDC is based on the buildings' total
square footage related to cannabis production and support and not the square footage of the
mature canopy. The building would produce 0.34 p.m. peak hour trips (1.8 X 0.19). The resulting
SDC is $1,442 (0.34 X $4,240). 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. CONDITIONS OF APPROVAL
1. Use & Location: Marijuana production is conditionally approved inside the proposed
structures. This approval is based upon the application, site plan, specifications, and
supporting documentation submitted by the applicant. Any substantial change in this
approved use will require review through a new land use application.
2. Under ORS 197.625(5), if the effective but unacknowledged provision of the County's
marijuana land use regulations fails to gain acknowledgment, this permit does not justify
retention of the improvements that were authorized by the permit or zone change. As a
condition of approval, this approval is void if Ord. 2018-012 fails to gain acknowledgement.
3. 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.
4. No Outdoor Production: Marijuana production is prohibited in any outdoor area.
5. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana
plants shall not exceed 1,800 square feet at any time.
6. 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 lamp or a diffusing element, or indirectly by reflection or refraction, is projected
below the horizontal plane through the lowest light -emitting part; and
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(c) The light cast by exterior light fixtures other than marijuana growing lights shall
comply with DCC 15.10, Outdoor Lighting Control.
7. Odor: The proposed odor control systems 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.
8. Odor Control Modification: Significant modifications to the odor control plan, including but not
limited to replacement of one system for another or a change in odor control methodology
shall be approved in the same manner as a modification to a land use action pursuant to DCC
22.36.040.
9. Failure to Follow Odor Control Plan: The applicant shall ensure that the odor control plan is
followed at all times and in all circumstances. Failure to comply with this condition may result
in the County initiating code enforcement action and/or permit revocation proceedings under
DCC 22.36.060.
10. Failure to Meet Odor Control Objectives: The applicant shall ensure that odor does not
unreasonably interfere with the neighbors' use and enjoyment of their property. If, at any time,
the odor control plan and system are not meeting the aforementioned standard, the applicant
shall immediately address the deficiency, replace filters, conduct necessary repairs, etc.,
and/or apply for a modification of the odor control plan or system, the approval of which shall
be pursed timely. Failure to comply with this condition may result in the County initiating code
enforcement action and/or permit revocation proceedings under DCC 22.36.060.
11. Noise: At all times, 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. Failure to Follow Noise Control Plan: The applicant shall ensure that the noise control plan is
followed at all times and in all circumstances. Failure to comply with this condition may result
in the County initiating code enforcement action and/or permit revocation proceedings under
DCC 22.36.060.
13. Failure to Meet Noise Control Objectives: The applicant shall ensure that noise does not
unreasonably interfere with the neighbors' use and enjoyment of their property. If, at anytime,
the noise control plan is not meeting the aforementioned standard, the applicant shall
immediately address the deficiency, conduct necessary repairs, etc., and/or apply for a
modification of the noise control plan, the approval of which shall be pursed timely. Failure to
comply with this condition may result in the County initiating code enforcement action and/or
permit revocation proceedings under DCC 22.36.060.
14. Noise Control Modification. Significant modifications to the noise control plan, including but
not limited to replacement of one system for another or a change in noise control
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methodology shall be approved in the same manner as a modification to a land use action
pursuant to DCC 22.36.040.
15. Fencing: Fencing shall be finished in a muted earth tone that blends with the surrounding
natural landscape and shall not be constructed of temporary materials such as plastic
sheeting, hay bales, tarps, etc.
16. 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.
17. Water Source: Water use from any source for marijuana production shall comply with all
applicable state statutes and regulations.
18. Water Source Modification: In the event that the water source for the facility changes from the
use of a water hauler to another source, a modification to a land use action pursuant to DCC
22.36.040 is required.
19. Security Cameras: Security cameras shall be directed to record only the subject property and
public rights-of-way, except as required to comply with the requirements of the OLCC.
20. Waste: Marijuana waste shall be stored in a secured receptacle in the possession of and
under the control of the OLCC licensee.
21. 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.
22. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be met.
23. Inspection: The applicant must consent in writing to allow Deschutes County to, randomly and
without prior notice, inspect the premises and ascertain the extent and effectiveness of the
odor control system(s), compliance with the Deschutes County Code, and applicable
conditions of approval. Inspections may be conducted by the County up to three (3) times per
calendar year, including one inspection prior to the initiation of use.
VIII. DURATION OF APPROVAL:
The applicant shall initiate the 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.
247 -18 -000915 -AD Page 37 of 38
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: Izze Liu, Associate Planner
Reviewed by: Peter Gutowsky, Planning Manager
247 -18 -000915 -AD Page 38 of 38
tY.IS t213 WAS AW pAREn POft�
(ASSESS EST PURPOSE ONLY'
SECTION 30 T18S. R.13E. W.M.
DESCHUTES COUNTY
400'
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1813 30B
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File Number: 247 -18 -000915 -AD
60148 Stirling Drive
Bend, OR 97702
SEE MAP
1813 30D
535 UAP 1511
18 13 30
& INDEX
Return to:
lzze Liu, Associate Planner
Community Development Department
117 NW Lafayette, P.O. Box 6005
Bend, Oregon 97708-6005
CONDITIONS OF APPROVAL AGREEMENT
THIS AGREEMENT, made and entered into by and between Deschutes County, a political
subdivision of the State of Oregon, ("County"), and Lori & Gary Gore ("Developer"), owner/s of
certain real property described as Parcel 2 of PP2017-17, Deschutes County, Oregon, as set forth
in that certain Statutory Warranty Deed dated November 14, 2018, as recorded in the Official
Records of Deschutes County as instrument number 2018-45547.
WITNESSETH:
WHEREAS County has granted approval of a land use permit 247 -18 -000915 -AD
("Permit") for the Real Property upon the condition that Developer construct and maintain certain
requirements as specified therein; now, therefore,
IT IS HEREBY AGREED, by and between the parties, for and in consideration of the
mutual covenants and agreements herein, as a condition precedent to the granting of final
approval or occupancy, as follows:
Scope of Agreement. This Agreement affects the Real Property described above. This
Agreement shall cover those improvements and requirements described in the section of this
Agreement entitled "Conditions of Final Approval." Nothing in this Agreement shall require
Developer to construct any improvements under the Permit, but if Developer undertakes the
construction of buildings or structures, the division of real property or otherwise exercises the
Permit, Developer shall be required to complete and maintain all improvements, as defined
herein, in accordance with applicable County Ordinances and the Permit.
Definition of Improvement. As used herein, "improvement" means any private or public
facility or service such as roadways, bike paths, access ways, pedestrian walkways, landscape
areas, sewage collection and disposal systems, water systems, lighting systems, parking lots,
cable utilities, circulation areas, outdoor storage areas, service and delivery areas, outdoor
recreation areas, retaining walls, signs and graphics, cut -and -fill areas, buffering and screening
measures, street furniture, drainage facilities, or other similar improvements as approved and
required in the Permit.
Definition of Permanent Maintenance. As used herein, "permanent maintenance"
generally means maintenance of the structures, improvements, and landscaping that are the
subject of this Agreement in a manner that will keep such structures, improvements, and
landscaping in good repair or good condition and in a condition that is not a hazard to public
safety. With respect to landscaping, Developer's obligations shall include, without limitation,
continued irrigation of landscaping and, where applicable, pruning of landscaping to guarantee
required sight distances and to otherwise protect against hazardous conditions. With respect to
drainage facilities, Developer's obligations shall include, without limitation, periodic cleaning of
drainage ponds, drywells, or other drainage facilities of obstructions or silt that would limit the
performance or effectiveness of drainage facilities. With respect to improvements, such as
pavement and sidewalks, Developer's obligations shall include, without limitation, maintenance of
the impervious nature of impervious surfaces, maintenance of evenness of surfaces so that such
surfaces are not hazardous to the operation of vehicles or use by pedestrians.
Construction and Permanent Maintenance. If Developer is required under the Permit
to construct improvements of any kind or to install landscaping or plantings and Developer elects
to proceed with development under the permit, Developer agrees: (1) to undertake the
construction and landscaping required under the land use permit, as more specifically set forth in
the conditions set out herein and in the land use permit; and, (2) in the event that this Agreement
and the Permit do not expire as set forth herein, to the permanent maintenance of required
landscaping and improvements.
Enforcement. This Agreement shall be enforceable against any person bound by this
Agreement in possession of or having fee title to the property. if any party bound by this
Agreement defaults on the obligations set forth herein, the County shall be entitled to enforce this
Agreement in equity. The prevailing party at trial or on appeal in any enforcement action shall be
entitled to reasonable attorney fees and costs. This provision shall not limit County's rights to use
other means provided by law, including but not limited to issuing a civil citation, to enforce the
conditions of the Permit.
Authority of Signatories. By their signatures, all signatories to this Agreement signing
in a representative capacity certify that they are authorized to sign on behalf of and bind their
respective principals.
Expiration. This Agreement and the Permit shall expire on its expiration date or by the
revocation of the Permit or by the explicit release by the County from this Agreement granted as
part of an approval for a change of use of the Real Property. Additionally, this Agreement and
the Permit shall automatically expire upon the foreclosure of any prior encumbrance upon the
Real Property which results in the extinguishment of this Agreement.
No Partnership. County is not, by virtue of this Agreement, a partner or joint venture of
Developer in connection with activities carried on under this Agreement, and shall have no
obligation with respect to Developer's debts or any other liabilities of each and every nature, and
is not a guarantor of the Developer, the project, or the work to be performed.
Limitations. Should this Agreement violate any constitutional or statutory provision, it
shall be void.
Persons Bound by Agreement. The original of this Agreement shall be recorded with
the Deschutes County Clerk and shall run with the land. It is the intent of the parties that the
provisions of this Agreement shall be binding upon the parties, the parties' successors, heirs,
executors, administrators, and assigns, or any other parties deriving any right, title or interest or
use in or to the Real Property, including any person who holds such interests as security for the
payment on any obligation, including the Mortgagee or other secured party in actual possession
of the Real Property by foreclosure or otherwise or any person taking title from such security
holder.
Conditions of Final Approval. The following are the required conditions of final approval
for the Permit:
1. Use & Location: Marijuana production is conditionally approved inside the proposed
structures. This approval is based upon the application, site plan, specifications, and
supporting documentation submitted by the applicant. Any substantial change in this
approved use will require review through a new land use application.
File: 247 -18 -000915 -AD 2
2. Under ORS 197.625(5), if the effective but unacknowledged provision of the County's
marijuana land use regulations fails to gain acknowledgment, this permit does not justify
retention of the improvements that were authorized by the permit or zone change. As a
condition of approval, this approval is void if Ord. 2018-012 fails to gain acknowledgement.
3. 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.
4. No Outdoor Production: Marijuana production is prohibited in any outdoor area.
5. Maximum Mature Plant Canopy Size: The maximum canopy area for mature marijuana
plants shall not exceed 1,800 square feet at any time.
6. 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 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.
7. Odor: The proposed odor control systems 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.
8. Odor Control Modification: Significant modifications to the odor control plan, including but
not limited to replacement of one system for another or a change in odor control
methodology shall be approved in the same manner as a modification to a land use action
pursuant to DCC 22.36.040.
9. Failure to Follow Odor Control Plan: The applicant shall ensure that the odor control plan
is followed at all times and in all circumstances. Failure to comply with this condition may
result in the County initiating code enforcement action and/or permit revocation
proceedings under DCC 22.36.060.
10. Failure to Meet Odor Control Objectives: The applicant shall ensure that odor does not
unreasonably interfere with the neighbors' use and enjoyment of their property. If, at any
time, the odor control plan and system are not meeting the aforementioned standard, the
applicant shall immediately address the deficiency, replace filters, conduct necessary
repairs, etc., and/or apply for a modification of the odor control plan or system, the
approval of which shall be pursed timely. Failure to comply with this condition may result in
the County initiating code enforcement action and/or permit revocation proceedings under
DCC 22.36.060.
11. Noise: At all times, 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. Failure to Follow Noise Control Plan: The applicant shall ensure that the noise control plan
File: 247 -18 -000915 -AD 3
is followed at all times and in all circumstances. Failure to comply with this condition may
result in the County initiating code enforcement action and/or permit revocation
proceedings under DCC 22.36.060.
13. Failure to Meet Noise Control Objectives: The applicant shall ensure that noise does not
unreasonably interfere with the neighbors' use and enjoyment of their property. If, at any
time, the noise control plan is not meeting the aforementioned standard, the applicant shall
immediately address the deficiency, conduct necessary repairs, etc., and/or apply for a
modification of the noise control plan, the approval of which shall be pursed timely. Failure
to comply with this condition may result in the County initiating code enforcement action
and/or permit revocation proceedings under DCC 22.36.060.
14. Noise Control Modification. Significant modifications to the noise control plan, including but
not limited to replacement of one system for another or a change in noise control
methodology shall be approved in the same manner as a modification to a land use action
pursuant to DCC 22.36.040.
15. Fencing: Fencing shall be finished in a muted earth tone that blends with the
surrounding natural landscape and shall not be constructed of temporary materials such
as plastic sheeting, hay bales, tarps, etc.
16. 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.
17. Water Source: Water use from any source for marijuana production shall comply with all
applicable state statutes and regulations.
18. Water Source Modification: In the event that the water source for the facility changes from
the use of a water hauler to another source, a modification to a land use action pursuant to
DCC 22.36.040 is required.
19. Security Cameras: Security cameras shall be directed to record only the subject property
and public rights-of-way, except as required to comply with the requirements of the
OLCC.
20. Waste: Marijuana waste shall be stored in a secured receptacle in the possession of and
under the control of the OLCC licensee.
21. Prohibited Uses: The uses listed in DCC 18.116.330(B)(20) shall be prohibited on the
subject property so long as marijuana production is conducted on the site.
22. Annual Reporting: The annual reporting requirements of DCC 18.116.330(D) shall be
met.
23. Inspection: The applicant must consent in writing to allow Deschutes County to, randomly
and without prior notice, inspect the premises and ascertain the extent and effectiveness
of the odor control system(s), compliance with the Deschutes County Code, and
applicable conditions of approval. Inspections may be conducted by the County up to three
File: 247 -18 -000915 -AD 4
(3) times per calendar year, including one inspection prior to the initiation of use.
Dated this day of , 20_ DESCHUTES COUNTY COMMUNITY
DEVELOPMENT DEPARTMENT
Nick Lelack, Director
STATE OF OREGON )
) ss.
COUNTY OF DESCHUTES )
On this day of , 20_, before me, a Notary Public, personally
appeared Nick Lelack, Director of the Deschutes County Community Development Department,
who executed the foregoing document on behalf of Deschutes County, Oregon.
Notary Public for Oregon
My commission expires:
Dated this day of , 20_ DEVELOPER
Gary Gore
Lori Gore
STATE OF OREGON )
) ss.
COUNTY OF DESCHUTES )
On this day of , 20_, before me, a Notary Public, personally
appeared Gary & Lori Gore, known to me to be the person/s described in the above document, who
acknowledged to me that she/he/they executed the same freely and voluntarily.
File: 247 -18 -000915 -AD
Notary Public for Oregon
My commission expires:
5
Deschutes County Property Information - Dial
Zoning Map for account 275713
ita10kthe: GeoEye
_ S� l.e+roGRdD 'iGN.,anththe GIS tJs�rOommunity_,
Map and Taxiot: 1813300000500
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 BOCC Tuesday Meeting of May 21, 2019
DATE: May 9, 2019
FROM: Peter Russell, Community Development, 541-383-6718
TITLE OF AGENDA ITEM:
Potential Appeal of SDC for Lavender Oils and Products
RECOMMENDATION & ACTION REQUESTED:
N/A, no decision needed at this time.
BACKGROUND AND POLICY IMPLICATIONS:
Briefing of an appeal of a transportation system development charge (SDC) which will come
before the Board on May 22. File 247-18-000526-CU/527-SP approved a commercial activity
in conjunction with a farm use at 19825 Connarn Road. The approval allowed processing of
lavender flowers, buds, oils, and floral water into soaps, lotions, lip balms, etc. In addition, the
products will be sold on-site Monday through Saturday from 9 a.m. to 5 p.m. The original SDC
was $3, 937. Due to the seasonal nature of the business, the Road Department Director
lowered the SDC by 50% to $1,968. Gordon Knight, the applicant, is appealing that decision
to the Board, stating no SDC is warranted. Staff disagrees as the approved use will increase
the amount of traffic to/from the site and SDCs are collected in such situations. Board
Resolution 2013-020(8)(1) states if peak hour trips from a development or property are higher
post -development than pre -development, then an SDC shall be applied.
FISCAL IMPLICATIONS: If the Board upholds the SDC, then the Road Department will collect
the funds and use them, along with other SDC funds, to improve elements of the County -
maintained system of roads. If the Board upholds the appeal, then the Road Department will
not receive any funds.
ATTENDANCE: Peter Russell, Senior Transportation Planner, CDD
FILE NUMBERS:
Mailing Date:
Wednesday, March 27, 2019
COMMUNITY DEVELOPMENT
REVISED FINDINGS AND DECISION
247 -18 -000526 -CU and 247 -18 -000527 -SP
APPLICANT/OWNER: Gordon Knight
Tumalo Lavender
19825 Connarn Road
Bend, Oregon 97703
APPLICANT'S AGENT:
PROPOSAL:
STAFF COMMENT:
STAFF CONTACT:
I. APPLICABLE CRITERIA:
Paul Blikstad
144 SE Dorrie Court
Bend, Oregon 97702
The applicant requests a Conditional Use permit and Site Plan
review to establish a commercial activity in conjunction with the
existing lavender farm use in the Multiple Use Agricultural Zone.
This is a corrected decision based on the discrepancy regarding the
commercial activity hours of operation and accessibility
requirements. The initial decision was approved on March 21, 2019.
The revised sections are noted in Section II, Basic Findings, Proposal
section and Section III, Findings and Conclusions, Sections
18.128.015(A)(1), 18.128.015(B), 18.116.030(F)(6), 18.116.030(F)(4),
and 18.124.070(C)(2)(c), and in Section VII, Conditions of Approval,
Conditions 8, 9 and 14, in this decision.
Cynthia Smidt, Associate Planner
Title 18, Deschutes County Zoning Ordinance
Chapter 18.04. Title, Purpose and Definitions
Chapter 18.32. Multiple Use Agricultural Zone
Chapter 18.80. Airport Safety Combining Zone
Chapter 18.128. Conditional Uses
Chapter 18.124. Site Plan Review
Chapter 18.116. Supplementary Provisions
Title 22, Deschutes County Procedures Ordinance
117 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005
'(541)388-6575 @cdd@deschutes .org ®www.deschutes.org/cd
II. BASIC FINDINGS:
LOCATION: The subject property has an assigned address of 19825 Connarn Road, Bend and
is identified on Deschutes County Assessor's Tax Map 16-12-19 as Tax Lot 501. The property is
shown in the following map:
LOT OF RECORD: Deschutes County recognizes the subject property as a legal lot of record
pursuant to file no. LR -02-25.
ZONING: The subject property is within the Multiple Use Agricultural (MUA-10) Zone. The
property is also within the Airport Safety (AS) Combining Zone.
SITE DESCRIPTION: The subject property is approximately 9.7 acres has relatively level terrain. A
majority of the property is in farm use consisting primarily of lavender plant production and some
(approx. 2.5 acres) pasture grasses. Some introduced landscaping exists around the on-site
development. In the southern portion of the property, the site is developed with a single-family
dwelling that is within the larger agricultural structure'. The dwelling/barn structure has an
attached greenhouse on its south side and there are three large detached greenhouses in the
areae. In the southeast region, development includes an irrigation pond, detached garage, and a
' County building permit 859977 allowed for the central portion of an existing barn (originally reviewed under
permit AG -04-3) to be converted into the primary residence (approximately 1,080 square feet).
2 The attached and detached greenhouses were established around 2006. These structures do not appear
meet the required 25 -foot rear setback for the MUA-10 Zone. The land use decision made herein does not
247 -18 -000526 -CU and -000527-5P, Revised Page 2 of 44
manufactured home used as a medical hardship home (see below for land use history). The site
is developed with other small accessory structures, including a 504 square foot building used for
displaying lavender products available for purchase (permit AG -13-12). Connarn Road, which
provides access to the site, is adjacent to north property boundary. The subject property is served
by an on-site septic disposal system, with domestic water provided by a private well. The subject
property has at least 8.7 acres of irrigation water rights and includes an irrigation pond. According
to the Flood Insurance Rate Map (FIRM) and National Wetlands Inventory for Deschutes County,
the property is not located in the 100 -year flood plain nor does it contain wetlands.
SURROUNDING LAND USES: The area surrounding the subject property consists of a mix of
farm and rural residential properties. To the north, south, and east are properties primarily
developed with residences and zoned for residential use. To the west are properties, developed
and undeveloped, zoned for farm use. A majority of the properties in the area exhibit some
level of farm or agricultural use. The Deschutes River is approximately 0.5 miles to the east of
the subject property. Zoning in the area is a mixture of Exclusive Farm Use (EFU), Multiple Use
Agricultural, Surface Mining (SM), and Flood Plain (FP).
LAND USE HISTORY: The applicant submitted the land use permit application in response to
code enforcement case, file no. 247 -18 -000072 -CE. In summary, the applicant established the
commercial use without proper land use permits. The applicant is requesting an after -the -fact
approval for the business. Although the business may have been operational on the subject
property for a few years, staff reviews it as new and thus refers to it as such in this decision.
The subject property has the following land use and development permit history:
LR -02-25
Lot of Record Verification
SMA -04-4
Surface Mining Impact Area (SMIA) Zone review for single-family
dwelling
TU -10-8
Temporary Use Medical Hardship dwelling
247 -15 -000238 -TU
Temporary Use Medical Hardship dwelling3
PROPOSAL: The applicant requests a Conditional Use permit and Site Plan review to establish
a commercial activity in conjunction with the existing lavender farm use on the property. The
lavender farm (primary farm use) includes the growing and selling of lavender plants. This also
includes delivery vehicles that come to the site as part of the farm use (not the commercial
activity), according to the applicant. The proposed commercial activity will include the
review or approve these nonconforming setbacks. Furthermore, the proposed commercial activity in
conjunction farm use will occur in lawfully established structures and not in the above noted greenhouses.
3 The dwelling approved through file 247 -15 -000238 -TU utilizes the same dwelling approved through file TU -
10 -8. The requirement for a new land use - 247 -15 -000238 -TU - was based on the change of circumstances
(change in family member using the dwelling).
247 -18 -000526 -CU and -000527-SP, Revised Page 3 of 44
processing of the lavender oil and floral water and using the oil, water, and buds to make other
products. The applicant will have storage and marketing (on-site retail sales) of such products
and will include access, parking, landscaping, and loading areas associated with the use.
The applicant provides the following description of the proposal:
The applicant proposes to establish some commercial activity in conjunction with the existing
lavender farm, consisting of a distillation area within the existing garage for the applicant's
lavender farm, as well as an existing small accessory building (504 square feet) used for
displaying lavender products available for purchase.... The distillation production occurs for
no more than 3-4 weeks in a calendar year.
The proposed distillation portion of the commercial activity will be established within the
garage attached to the dwelling on the subject property.... The garage is approximately 1200
square feet, and the distillation area/storage will take up approximately 480 square feet. The
display building is 504 square feet. Hours of operation will be Monday through Saturday 9:00
AM. to 5:00 PM. The proposed commercial activity will include some on-site sales, typically for
the lavender products produced at the site.
The applicant clarified that the hours of operation stated above is intended for the display/retail
aspect of the proposal when the customer visitation is higher at the site. However, the
processing the lavender occurs at random times during the 3-4 weeks of harvest and distillation.
The applicant indicates that because the distillation occurs the same day the lavender is
harvested, sometimes the distillation occurs well into the evening (the applicants are the farmers
who conduct a majority of the lavender processing). Moreover, the distillation process does not
involve noise that will adversely impact the area.
The oil and water that will be extracted from the plant will be "added to all of the on-site produced
products, such as soaps, lotions, lip balm, etc." that are identified on their website. According to
the applicant, a majority of lavender products produced on-site are orders that are taken to local
shipping companies for mailing, or sold at places such as Bend's Northwest Crossing Farmers
Market, Summerfest, and Fall Festival; Sister's Harvest Festival; and Sunriver's Traditions Market.
Otherwise, the public come to the site primarily to experience a lavender farm but may purchase
lavender products. The applicant continues with the following information:
These items are made both at the site and can come partially made from other sources, such
as lotions, where the lavender oil is added. Items, such as the ingredients for scone mix, herb
mixes and bread mixes, are bought locally and also have lavender added. Items such as
bottles for the lotions, and canisters to hold bath gels and bath salts, and bags for sachet -like
packets come from other sources. The items from beyond the subject property where lavender
oil is added can vary, but would still be considered a product of the subject property. The
items that come from other sources/places transformed into lavender products would not be
considered 'farm products."
247 -18 -000526 -CU and -000527-SP, Revised Page 4 of 44
Because the production of lavender is seasonal in nature, the farm is open to the public based on
the season. The applicant provided the following regarding when the farm is open to the public:
• End of April / Early May - Some customers come to farm to purchase plants
• June to August - Approximate peak blooming season, higher customer visitation
• Early September - Harvest season begins, limited customers visitation
• September to October - Processing of lavender, limited customer visitation
• Winter season - Farm closed
During the peak season for planting, growing, and harvesting, there will be approximately five
farm workers/employees with two at any one time. However, the applicant conducts a majority
of the processing with one part-time employee providing assistance (primarily at farmer's
markets). The application materials are incorporated herein by reference.
PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several agencies and
received the following comments:
Central Electric Cooperative: Parneli Perkins, Lands Specialist, submitted the following
comments on July 10, 2018.
CEC requests the applicant apply for a new electrical service by calling Bob Fowler at 541-
312-7778 and provide electrical load and demand requirements for this activity.
CEC will determine if capacity is available.
Deschutes County Building Safety Division: Krista Appleby, Plans Examiner, states that the
504 square foot retail building will require a "Change of Use permit to an M -Occupancy
(mercantile)." This change of use may trigger some Americans with Disabilities Act (ADA)
requirements.
Staff Comment: This will be made a condition of approval.
Deschutes County Transportation Planner: On September 5, 2018, Peter Russell, Senior
Transportation Planner submitted the following comments.
1 have reviewed the transmittal materials for 247-18-000526-CU/527-SP to establish a
commercial activity in conjunction with a farm use on a 9.7 -acre parcel in the Multiple Use
Agricultural (MUA-10) and Airport Safety (AS) zones at 19825 Connarn Road, aka 16-12-
19, Tax Lot 501. The intent is to do distilling for lavender oils and soaps in 480 square feet
of an existing 1,200 -square -foot garage and sell these and additional items in a 504
square foot building.
The most recent edition of the Institute of Traffic Engineers (ITE) Trip Generation Handbook
has no specific category for this use; the closest analog appears to be Arts and Crafts Store
(Land Use 879), but the ITE manual only had two studies in the 9th edition and one study
in the 10th edition. Interpolating between the trip generation rates (9th edition, 6.21 p.m.
peak hour trips per 1,000 square feet; no weekday trip rate provided; 10th edition, 56.55
247 -18 -000526 -CU and -000527-SP, Revised Page 5 of 44
weekday trips per 1,000 square feet and 6.21 p.m. peak hour trips per 1,000 square feet),
and the small size of the retail store, staff is confident the proposed use will generate less
than 50 new weekday trips. Under DCC 18.116.310(C), no further traffic analysis is
required for a use of less than 50 new weekday trips. Staff recognizes in many ways the
use is more closely described as a Type 3 Home Occupation, but recognizes as the use does
not occur in the home this land use process is not available.
Staff is concerned the applicant has not provided sufficient information about the access
to Connarn Road. Whereas before this access served the home and farm, the driveway will
now provide access to a commercial operation and the general public. The applicant needs
to provide actual width and sight distance measurements as well as either produce an
approved access permit to Connarn or be required to obtain one as a condition of
approval to comply with DCC 17.48.210(A).
The property is approximately nine miles west-southwest of the Redmond Airport. Between
the distance to the airport and the height limit in the zone, the use will not penetrate any
imaginary surfaces related to Roberts Field.
Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of
$3,937 per p.m. peak hour trip. (The application was submitted June 28, 2018, therefore
this rate applies and not the $4,240 rate which became effective July 1.) From an SDC
perspective, staff finds the Type 3 Home Occupation makes the most sense when assessing
an SDC due to the poor correlation between the proposed use and the categories available
in the ITE Trip Generation Manual. The Type 3 assumes one p.m. peak hour trip, therefore,
the applicable SDC is $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.
Staff Comment: As part of the applicant's supplemental application information submitted
on August 16, 2018 (page 2), the applicant indicated that the sight distance from the driveway
entrance to the east and west was approximately 500 feet and 520 feet, respectively. The
applicant believes the "sight distances are more than adequate to serve the limited amount
of traffic" generated from the on-site commercial activity. In addition, the applicant
addressed on-site parking requirements. In response, Mr. Russell provided the following
comments on September 5, 2019.
The applicant has not indicated if the provided sight distance measurements on Page 2 meet
the requirements set forth in the most recent American Association of State and Highway
Officials (AASHTO) "Green Book"for a left turn or a right from a minor approach onto a rural
55 mph highway from a stop -controlled condition, aka Case B in the Green Book. While the
applicant says traffic from the site could vary from zero to 50 trips, there are still, according
to the most recent count in 2016, 204 vehicles a day on Connarn Road that drivers exiting
the property must see before pulling onto the roadway. In discussion with the Road
Department, given the change in use of the activity on the property (residential to commercial
activity), the applicant will need to apply for a new access permit.
247 -18 -000526 -CU and -000527-SP, Revised Page 6 of 44
The updated site plan describes the surface used for parking and maneuvering as "dirt or
grass" which are not surfaces allowed under DCC 18.116.030(F)(4). CDD will have to
determine if the subject property qualifies for an exception to the paving requirements
under 18.116.030(F)(4)(b). If not, the surfaces used for parking and maneuvering should
be either paved or graveled.
Staff Comment: After further discussion between the applicant and Mr. Russell, it was
agreed to make it a condition of approval that when the applicant applies for a new driveway
permit for the change of use to commercial4, the County Road Department will analyze the
sight distance requirements at that time.
In addition, staff consulted Mr. Russell regarding access width at Connarn Road. Mr. Russell
indicated that the commercial activity will increase the use of the property and traffic going
to/from the property from Connarn Road. Mr. Russell agreed that the current driveway
width is inadequate for safe two-way vehicle travel, which would cause stacking (or queueing)
on Connarn Road, because vehicles could not enter the site until the driveway was clear. He
suggests widening the driveway to 20 feet for a distance of 75 feet from Connarn into the
property. This width is consistent with Deschutes County Code (DCC) 17.48.220(A) and it is
a County practice to obtain 75 feet on a property before an entering vehicle reaches a
potential conflict point. The 75 feet distance provides maneuvering room on-site for the
length of approximately three vehicles and help alleviate queuing onto the roadway.
Oregon Department of Aviation (ODA): Jeff Caines, Aviation Planner states that with the main
focus of the business is to process the lavender into oil and to make products from the
lavender crop with retail only a small portion of the overall operation, "ODA would consider
the project compatible with State Airport Compatibility standards." This is also taking into
account the distance of the site from the Redmond airport and recognizing that Redmond
Airport has an air traffic control tower, which guides aircraft into and out of the airport's
controlled airspace (e.g., aircraft altitude).
The followin a encies did not res.ond or had no si:nificant comments: Bend Rural Fire
Protection District, Deschutes County Assessor, Deschutes County Building Safety Division,
Deschutes County Code Enforcement, Deschutes County Environmental Soils Division,
Deschutes County Road Department, Oregon Department of Agriculture, Oregon
Department of Aviation, Pacific Power and Light, Tumalo Irrigation District, and Watermaster
- District 11.
PUBLIC COMMENTS: The Planning Division sent notice of this proposal to all property owners
within 250 feet of the subject property. Six comments were submitted in concern regarding the
proposed commercial activities. The areas of concern are summarized below. Some of the
concerns are addressed in appropriate sections of the decision.
4 In 2004 through permit SW4543, the County approved a driveway access for residential and farm use
purposes only.
247 -18 -000526 -CU and -000527-SP, Revised Page 7 of 44
• Increase of traffic (passenger and truck trailer) and congestion on local roads and the
subject property
• Increased traffic will affect safety of the cyclists using the roadways
• Driveway access width is inadequate for use
• Restroom facilities for public
• Parking facilities for public
• Noncompliant structural setbackss
• Noncompliant business has been operational for years
• High level of worker activity on-site
• Farm workers living on-site in RV/travel trailer6
• Increased use of Conditional Use permits will set a precedent
• Certified organic lavender places additional burden on neighboring properties
• Impacts to rural character of area
NOTICE REQUIREMENT: The applicant complied with the posted notice requirements of
Section 22.24.030(B) of Deschutes County Code (DCC) Title 22. The applicant submitted a Land
Use Action Sign Affidavit, dated July 31, 2018 indicating the applicant posted notice of the land
use action on July 19, 2018.
REVIEW PERIOD: The application was submitted to the Planning Division on June 28, 2018. An
incomplete application letter was sent on July 27, 2018. The applicant responded with additional
information on August 16, 2018 and with final information by December 14, 2018. The Planning
Division deemed the application complete and accepted it for review on December 14, 2018.
Based on this information, the 150th day on which the County must take final action on this
application is May 13, 2019.
HI. FINDINGS AND CONCLUSIONS:
Title 18. Deschutes County Zoning Ordinance
CHAPTER 18.32. MULTIPLE USE AGRICULTURAL
Section 18.32.030. Conditional Uses Permitted.
The following uses may be allowed subject to DCC 18.128:
C. Commercial activities in conjunction with farm use. The commercial activity shall be
associated with a farm use occurring on the parcel where the commercial use is
proposed. The commercial activity may use, process, store or market farm products
produced in Deschutes County or an adjoining County.
5 As indicated in footnote 2 above, this decision is not reviewing or approving any noncompliant setbacks.
Currently there is no code enforcement complaint addressing this issue.
6 Accessory farm -help dwellings are permitted conditionally in the MUA-10 Zone (DCC 18.32.030(G)). The land
use decision made here under file nos. 247 -18 -000526 -CU and 527 -SP reviews only the proposed commercial
activity and does not review or approve secondary farm related dwellings that might be used on the property.
247 -18 -000526 -CU and -000527-SP, Revised Page 8 of 44
FINDING: The applicant is requesting to establish a commercial activity in conjunction with
the existing lavender farm use on the property. The lavender farm is the primary farm use
on the property and includes the growing and selling of lavender plants. The proposed
commercial activity will use, process, and store and market the lavender farm product
produced on the property. The proposed commercial activity is permitted conditionally and
thus can be allowed pursuant to applicable approval criteria. A detailed review of DCC
18.32.030(C) follows. Additionally, compliance with DCC 18.124, Site Plan Review, and DCC
18.128, Conditional Uses, is also addressed below.
As discussed by the Hearings Officer in Tumalo Land Partners, file nos. 247 -18 -000244 -CU,
245 -SP, and 246 -LM, this use category is similar to a similarly described use in the Exclusive
Farm Use zone, which has been the subject of extensive discussion and many LUBA cases.
While those cases involving EFU-zoned lands may be helpful in thinking about the use in the
MUA-10 Zone, the case law on EFU-zoned properties are not dispositive on the MUA-10 use
as, the MUA-10 Zone is a non -resource zone and is not subject to the statutory protections
of the EFU Zone.
In this analysis of commercial activities in conjunction with farm use, staff follows the
Deschutes County Board of Commissioners in Rank (file no. 247 -15 -000472 -MC) and the
Hearings Officer in Tumalo Land Partners by using a 4 -step test. The 4 -step test includes
whether there is a farm use and commercial activity associated with that farm use on the
parcel; whether the proposal is a commercial activity; and whether the farm products
produced in Deschutes County or an adjoining county.
Is there a farm use?
Farm use is defined in Chapter 18.04 as:
"Farm use" means the current employment of land for the primary purpose of obtaining a
profit in money by raising, harvesting and selling crops or by the feeding, breeding,
management and sale of, or the produce of, livestock, poultry, fur -bearing animals or
honeybees or for dairying and the sale of dairy products or any other agricultural or
horticultural use or animal husbandry or any combination thereof. "Farm use" includes the
preparation, storage and disposal by marketing or otherwise of the products or by-products
raised on such land for human or animal use. 'Farm Use" also includes the current
employment of the land for the primary purpose of obtaining a profit in money by stabling or
training equines, including but not limited to, providing riding lessons, training clinics and
schooling shows. "Farm use" also includes the propagation, cultivation, maintenance and
harvesting of aquatic species and bird and animal species to the extent allowed by the rules
adopted by the State Fish and Wildlife Commission. "Farm use" includes the on-site
construction and maintenance of equipment and facilities used for the activities described
above. "Farm use" does not include the use of land subject to the provisions of ORS chapter
321, except land used exclusively for growing cultured Christmas trees as defined in ORS
247 -18 -000526 -CU and -000527-SP, Revised Page 9 of 44
215.203(3). Current employment of the land for farm use also includes those uses listed under
ORS 215.203(2)(b).
A majority' of the subject property is developed with a lavender farm, which includes the
growing and selling of lavender plants. This is the primary use of the property, as indicated
by the applicant, and has been in place for a number of years (approximately 12 years). The
use requires the planting and harvesting of the lavender plants for lavender products, which
includes the sale of individual plants and plant parts (e.g. buds) grown on-site. The applicant
prepares, stores, and disposes by marketing or otherwise of the lavender product or by-
product of the lavender raised on the land. Staff finds that all these activities related to the
growing and harvesting lavender constitute farm uses.
Is the commercial activity associated with that farm use on the parcel?
As noted by the Hearings Officer in Tumalo Land Partners, this criterion requires a finding that
the "farm use" be "associated" with the proposed "commercial activity." It does not provide
a qualifying term indicating the level of association between the farm use and the
commercial use rather it asks whether the farm use and the commercial activity are
associated.
The applicant states that the lavender grown on the property and oil distilled from the plant
is used in making numerous lavender derived products.
The applicant uses the lavender buds, oils, and floral water to make the following products:
Oil and Water
Lavender oil (5 ml, 15 ml, 8 oz., 32 oz., 1 gal.)
Lavender floral water (4 oz., 8 oz., 1 gal., 55 gal.
Health Care Products
'Cotton pillow sachet
Lavender eye pillow
Aromatherapy neck pack
Tumalo Lavender lotion
Tumalo Lavender liquid soap
Lotion and liquid soap duo and gift sets
Lavender bath gels and bath salts
Lavender Hp balm
Various flavors of lavender soaps8
Food Products
Culinary Lavender Buds (.4 oz., 1 oz., 1/2 Ib.)
Lavender Buds (1/2 Ib., 1 Ib.)
' Staff performed a rough calculation and approximately 5 acres of the 9.7 -acre property is in some form of
lavender production.
8 Soap flavors, as identified by the applicant, include the following: dragons blood and lavender, lavender and
chamomile, lavender goats milk, lavender oatmeal, lavender patchouli, lavender (plain), oatmeal orange,
patchouli -orange, juniper sage lavender, and lavender calendula patchouli.
247 -18 -000526 -CU and -000527-SP, Revised Page 10 of 44
Various flavors of lavender tea'
Herbs de Provence Seasoning & Rub
Lavender Gourmet Lemon Pepper
Lavender Scone Mix
Lavender Lemon Pound Cake Mix
Lavender Rosemary Foccacia Bread
Lavender Jelly
Lavender Dryer Bags
Large Lavender Dryer Bags
Mini Lavender Bouquets
Small Wedding Sachet
White Organza Bag
Rosebud Wedding Favor
Wedding Lavender Toss Bags
Miscellaneous
Products
To ensure that all commercial activity is associated with the lavender farm use, staff finds it
necessary to make the following conditions of approval:
To ensure that the commercial activity is in conjunction with the farm use on the property, all
products produced on or marketed from the property as part of the commercial activity shall
include lavender or lavender -derived ingredients.
The commercial activity in conjunction with farm use is allowed only so long as lavender is
grown for-profit on the property and used in the commercial activity.
This condition of approval is intended to prohibit the sale of non -lavender products. It is not
intended to prohibit the use of lavender grown elsewhere in Deschutes County or an
adjoining county, as discussed below.
For the reasons stated above and with adoption of above condition, staff finds that the
making of lavender -enhanced products, as proposed, is associated with the growing of
lavender on the property.
Is the proposal a commercial activity?
Staff notes that while the sale of lavender -enhanced products is certainly a commercial use10
the distilling of lavender is an industrial use". Nonetheless, DCC 18.32.030(C) uses the term
9 Tea flavors, as identified by the applicant, include the following: chamomile lemongrass, lavender butterfly,
lavender -chamomile evening, Provence, and garden party
10 DCC 18.04.030 defines "Commercial use" as the following:
"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.
11 DCC 18.04.030 defines "Industrial use" as the following:
247 -18 -000526 -CU and -000527-5P, Revised Page 11 of 44
"commercial activity," not "commercial use," and thus means something other than
"commercial use" as found by the Hearings Officer in Tumalo Land Partners.12 Moreover, DCC
18.32.030(C) specifically allows the activity to include "process, store or market farm
products..." The Hearings Officer concluded the following regarding the phrasing of the use.
Thus, the Hearings Officer finds the phrase "commercial activity in conjunction with farm
use'; as used in this ordinance, is intended to meld certain aspects of both commercial
uses and industrial uses, to allow the processing, warehousing, and use of farm products
produced onsite (and also elsewhere in the County and adjoining counties).
Regarding DCC 18.32.030(C), the activity must consist of using, processing, storing, and/or
marketing farm products. To make the lavender -enhanced products, the applicant uses the
buds of the lavender (a farm product), processes the lavender and other farm products into
products for sale, and stores and markets the products. (Emphasis added) The marketing
occurs on the internet, on-site in a small display/retail building, and at local farmers markets.
Staff finds the proposal is an allowed commercial activity in conjunction with farm use.
Are the farm !Products produced in Deschutes County or an adjoining County?
Following Rank and Tumalo Land Partners, staff finds that all farm products13 used in the
commercial activity must be grown on site, in Deschutes County, or come from an adjoining
county. Farm products subject to this requirement include any ingredients or components
that are produced through "farm use," as defined in DCC 18.04.030. The following will be
made a condition of approval.
All farm products used in the commercial activity shall originate on the subject property, or
elsewhere in Deschutes County or an adjoining county. Farm products subject to this
requirement include any ingredients or components that are produced through 'farm use," as
defined in DCC 18.04.030.
In this case, the lavender farm includes the growing and selling of lavender plants (farm
product). The lavender plant parts (buds), oil, and floral water used in the other products
produced on-site are derived directly from the plants grown on-site. The applicant does not
bring in other farm products produced in Deschutes County or an adjoining county for use
in products.
However, the intent here, following the Hearings Officer in Tumalo Land Partners, is not to
"prohibit use of such incidentals since that would likely render most commercial activities
"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.
12 In Tumalo Land Partners, the Hearings Officer pointed out that the County could have and would have used
the term "commercial use" if it had intended since the common term is used throughout the zoning ordinance.
13 In Tumalo Land Partners, since the term "farm products" is not defined, the Hearings Officer adopted the same
definition of "farm products" as used in the Rank decision: "products raised (and perhaps processed) on a farm."
247 -18 -000526 -CU and -000527-5P, Revised Page 12 of 44
non-viable" by precluding the use of incidental non-farm products, such as lotions or soaps,
in the processing, use, or marketing the farm products. "Incidentals" may also include
bottles, canisters, and bags used to help store the product. To this end, the Hearings Officer
required that the incidental non-farm products remain a small percentage (25) by volume of
the ingredients used in the processing of the farm products.
In the present case, staff uses the same percentage in a value ratio between the farm products
and the non-farm products to ensure the use of such non-farm products remains incidental14
to the commercial activity. The applicant provided data that shows the value of the lavender
products (lavender oil, water, or buds) and materials in those other products produced at the
farm. The information provided includes a list of all ingredients that go into each product, the
cost or value associated with those ingredients, and a comparison between the farm product
and the other ingredients. According to the applicant, the lavender -enhanced products
produced at the site comprises of approximately 96 percent farm products (oil, water, and
buds) based on the value comparison. The non-farm products amount to 4 percent. Based
on this information, staff finds the percentage by cost of the ingredients in the lavender -
enhanced products is not more than 25 percent. To ensure continued compliance with this
requirement, the following will be made a condition of approval.
However, up to 25 percent, by value, of the ingredients/components in the products produced
by the commercial activity may come from sources other than Deschutes County and adjoining
counties.
With the adopted conditions of approval, staff finds that the applicant meets the standards
set out in DCC 18.32.030(C).
Section 18.32.040. Dimensional Standards.
D. Building height. No building or structure shall be erected or enlarged to exceed 30 feet
in height, except as allowed by DCC 18.120.040.
FINDING: The proposed commercial activity does not include buildings or structures to be
erected or enlarged. Therefore, this criterion is not applicable.
Section 18.32.050. Yards.
A. The front yard setback from the property line shall be a minimum of 20 feet for property
fronting on a local street right of way, 30 feet from a property line fronting on a collector
right of way, and 80 feet from an arterial right of way unless other provisions for
combining accesses are provided and approved by the County.
B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before
November 1, 1979, which are one-half acre or less in size, the side yard setback may be
14 Definition of"incidental" (1)(b) - MINOR sense 1. www.merriam-webster.com/dictionary/incidental
Definition of "minor" (1) - inferior in importance, size, or degree: comparatively unimportant.www.rnerriam-
webster.com/dictionary/minor
247 -18 -000526 -CU and -000527-SP, Revised Page 13 of 44
reduced to a minimum of 10 feet. For parcels or lots adjacent to property receiving
special assessment for farm use, the adjacent side yard for a dwelling shall be a
minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to
property receiving special assessment for farm use, the rear yards for a dwelling shall
be a minimum of 100 feet
D. The setback from the north lot line shall meet the solar setback requirements in DCC
18.116.180.
E. 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 commercial activity in conjunction farm use is proposed to occur within
lawfully established structures. Additionally, the proposed commercial activity does not
include new structures or additions to existing ones. The review of this proposal is based on
the commercial use in conjunction with farm use not occurring in the attached and detached
greenhouses noted above (see footnote 2). Based on this information, thus these criteria
are not applicable.
CHAPTER 18.80. AIRPORT SAFETY COMBINING ZONE
Section 18.80.020. Application of Provisions.
The provisions of DCC 18.80.020 shall only apply to unincorporated areas located under
airport imaginary surfaces and zones, including approach surfaces, transitional surfaces,
horizontal surfaces, conical surfaces and runway protection zones. While DCC 18.80
identifies dimensions for the entire imaginary surface and zone, parts of the surfaces
and/or zones do not apply within the Redmond, Bend or Sisters Urban Growth Boundaries.
The Redmond Airport is owned and operated by the City of Redmond, and located wholly
within the Redmond City Limits.
Imaginary surface dimensions vary for each airport covered by DCC 18.80.020. Based on
the classification of each individual airport, only those portions (of the AS Zone) that
overlay existing County zones are relevant.
Public use airports covered by DCC 18.80.020 include Redmond Municipal, Bend Municipal,
Sunriver and Sisters Eagle Air. Although it is a public -use airport, due to its size and other
factors, the County treats land uses surrounding the Sisters Eagle Air Airport based on the
ORS 836.608 requirements for private -use airports. The Oregon Department of Aviation is
still studying what land use requirements will ultimately be applied to Sisters. However,
contrary to the requirements of ORS 836.608, as will all public -use airports, federal law
requires that the FAA Part 77 surfaces must be applied. The private -use airports covered
by DCC 18.80.020 include Cline Falls Airpark and Juniper Airpark.
FINDING: The subject property lies beneath the Approach Surface of the Redmond
Municipal Airport. Therefore, the provisions of this chapter apply.
247 -18 -000526 -CU and -000527-SP, Revised Page 14 of 44
Section 18.80.028. Height Limitations.
All uses permitted by the underlying zone shall comply with the height limitations in DCC
18.80.028. When height limitations of the underlying zone are more restrictive than those
of this overlay zone, the underlying zone height limitations shall control. [ORS 836.619; OAR
660-013-0070)
A. Except as provided in DCC 18.80.028(8) and (C), no structure or tree, plant or other
object of natural growth shall penetrate an airport imaginary surface. TORS 836.619;
OAR 660-013-0070(1)]
B. For areas within airport imaginary surfaces but outside the approach and transition
surfaces, where the terrain is at higher elevations than the airport runway surfaces
such that existing structures and permitted development penetrate or would penetrate
the airport imaginary surfaces, a local government may authorize structures up to 35
feet in height.
FINDING: The subject property is situated under the Approach Surface associated with the
Redmond Municipal Airport. This surface is at least 100 -feet above the subject property and
no penetrations of this surface are included in this proposal. This criterion is met.
C. Other height exceptions or variances may be permitted when supported in writing by
the airport sponsor, the Department of Aviation and the FM. Applications for height
variances shall follow the procedures for other variances and shall be subject to such
conditions and terms as recommended by the Department of Aviation and the FAA (for
Redmond, Bend and Sunriver.)
FINDING: No height exceptions or variances are sought by this application; therefore, this
criterion does not apply.
Section 18.80.044. Land Use Compatibility.
Applications for land use or building permits for properties within the boundaries of this
overlay zone shall comply with the requirements of DCC 18.80 as provided herein. When
compatibility issues arise, the Planning Director or Hearings Body is required to take
actions that eliminate or minimize the incompatibility by choosing the most compatible
location or design for the boundary or use. Where compatibility issues persist, despite
actions or conditions intended to eliminate or minimize the incompatibility, the Planning
Director or Hearings Body may disallow the use or expansion, except where the action
results in Toss of current operational levels and/or the ability of the airport to grow to meet
future community needs. Reasonable conditions to protect the public safety may be
imposed by the Planning Director or Hearings Body. (ORS 836.619; ORS 836.623(1); OAR 660-
013-0080)
A. Noise. Within airport noise impact boundaries, land uses shall be established
consistent with the levels identified in OAR 660, Division 13, Exhibit 5 (Table 2 of DCC
18.80). Applicants for any subdivision or partition approval or other land use approval
or building permit affecting land within airport noise impact boundaries, shall sign and
247 -18 -000526 -CU and -000527-SP, Revised Page 15 of 44
record in the Deschutes County Book of Records, a Declaration of Anticipated Noise
declaring that the applicant and his successors will not now, or in the future complain
about the allowed airport activities at the adjacent airport. In areas where the noise
level is anticipated to be at or above SS Ldn, prior to issuance of a building permit for
construction of a noise sensitive land use (real property normally used for sleeping or
as a school, church, hospital, public library or similar use), the permit applicant shall
be required to demonstrate that a noise abatement strategy will be incorporated into
the building design that will achieve an indoor noise level equal to or less than 55 Ldn.
NOTE: FAA Order 5100.38A, Chapter 7 provides that interior noise levels should not
exceed 45 decibels in all habitable zones.]
FINDING: The proposed project is not within the noise impact boundary of the Redmond
Municipal Airport. This criterion is not applicable.
B. Outdoor lighting. No new or expanded industrial, commercial or recreational use shall
project lighting directly onto an existing runway or taxiway or into existing airport
approach surfaces except where necessary for safe and convenient air travel. Lighting
for these uses shall incorporate shielding in their designs to reflect light away from
airport approach surfaces. No use shall imitate airport lighting or impede the ability
of pilots to distinguish between airport lighting and other lighting.
FINDING: Staff finds that the significant distance from the Airport is sufficient to ensure that
any lights associated with the commercial use in conjunction with the existing farm use will
impact not airport approach surfaces or impede the ability of pilots to distinguish between
airport lighting and other lighting.
C. Glare. No glare producing material, including but not limited to unpainted metal or
reflective glass, shall be used on the exterior of structures located within an approach
surface or on nearby lands where glare could impede a pilot's vision.
FINDING: The subject property is located within the Approach Surface of the Redmond
Municipal Airport. The applicant is not proposing new development or alteration of existing
development as part of this review. Staff finds this criterion is not applicable.
D. Industrial emissions. No new industrial, mining or similar use, or expansion of an
existing industrial, mining or similar use, shall, as part of its regular operations, cause
emissions of smoke, dust or steam that could obscure visibility within airport approach
surfaces, except upon demonstration, supported by substantial evidence, that
mitigation measures imposed as approval conditions will reduce the potential for
safety risk or incompatibility with airport operations to an insignificant level. The
review authority shall impose such conditions as necessary to ensure that the use does
not obscure visibility.
FINDING: The proposed commercial use will be in conjunction with the existing farm use
on the property and does not include any industrial, mining, or similar use.
247 -18 -000526 -CU and -000527-5P, Revised Page 16 of 44
E. Communications Facilities and Electrical Interference. No use shall cause or create
electrical interference with navigational signals or radio communications between an
airport and aircraft. Proposals for the location of new or expanded radio,
radiotelephone, and television transmission facilities and electrical transmission lines
within this overlay zone shall be coordinated with the Department of Aviation and the
FAA prior to approval. Approval of cellular and other telephone or radio communication
towers on leased property located within airport imaginary surfaces shall be
conditioned to require their removal within 90 days following the expiration of the lease
agreement. A bond or other security shall be required to ensure this result.
FINDING: The proposed commercial use will not cause or create electrical interference with
navigational signals or radio communications between an airport and aircraft.
F. Limitations and Restrictions on Allowed Uses in the RPZ, Approach Surface, and Airport
Direct and Secondary Impact Areas. For the Redmond, Bend, Sunriver, and Sisters
airports, the land uses identified in DCC 18.80 Table 1, and their accessory uses, are
permitted, permitted under limited circumstances, or prohibited in the manner therein
described. In the event of conflict with the underlying zone, the more restrictive
provisions shall control. As used in DCC 18.80.044, a limited use means a use that is
allowed subject to special standards specific to that use.
FINDING: The subject property is located in the Approach Surface of the Redmond
Municipal Airport. The proposal includes a commercial activity in conjunction with farm use
occurring on the property. As identified in DCC 18.80 Table 1, farm use is permitted outright
and commercial uses are allowed under limited circumstances15. The focus of the
commercial activity is to process the lavender into oil and to make products from the
lavender crop. The retail aspect is only a small portion of the overall operation (including a
small building approximately 504 square feet). In addition, the subject property is at the AS
Zone outer boundaries and approximately 8.8 miles from the outer edge of the RPZ Zone.
In the immediate area surrounding the subject property, is farm and residential zoned
properties. Parcels range in size from 1.7 acres to 50 acres with an average of approximately
10 acres. In review of this project, Jeff Caines, Aviation Planner with ODA considered the
primary focus of the business16, location in relationship to the airport, and airport
operations" and concluded, "ODA would consider the project compatible with State Airport
15 DCC 18.80 Table 1, note 9, states the following circumstances:
Public assembly facilities may be allowed in an approach surface only if the potential danger to public safety is
minimal. In determining whether a proposed use is appropriate, consideration shall be given to proximity to
the RPZ; density of people per acre; frequency of use; level of activity at the airport; and other factors relevant
to public safety. In general, high-density uses should not be permitted within airport approach surfaces, and
non-residential structures should be located outside approach surfaces unless no practicable alternatives exist.
16 Jeff Caines refers to the Oregon Airport Land Use Compatibility Guidebook, Table 3-4 that indicates
commercial retail requires a study of impact and thus his review is based on the retail aspect of this proposal.
17 Jeff Caines recognizes that the Redmond Airport has an air traffic control tower, which guides aircraft into
and out of the airport's controlled airspace (e.g., aircraft altitude).
247 -18 -000526 -CU and -000527-5P, Revised Page 17 of 44
Compatibility standards." Based on this information, staff finds the proposed commercial
activity in conjunction with the existing lavender farm use meets this criterion.
Section 18.80.054. Conditional Uses.
Uses permitted conditionally shall be those identified as conditional uses in the underlying
zone with which the AS Zone is combined, and shall be subject to all conditions of the
underlying zone except as provided in DCC 18.80.044.
FINDING: The applicant is proposing a commercial activity in conjunction with the existing
farm use on the subject property. Such a commercial use is permitted conditionally in the
MUA-10 Zone. Therefore, staff finds the applicant's proposal is also permitted conditionally
in the AS Zone. In addition, DCC 18.80.044 does not prohibit the proposed use.
CHAPTER 18.128. CONDITIONAL USES
Section 18.128.015. Gene -al Standards Governing Conditional Uses.
Except for those conditional uses permitting individual single-family dwellings, conditional
uses shall comply with the following standards in addition to the standards of the zone in
which the conditional use is located and any other applicable standards of the chapter:
A. The site under consideration shall be determined to be suitable for the proposed use
based on the following factors:
1. Site, design and operating characteristics of the use;
FINDING: The applicant is proposing a commercial activity in conjunction with the existing
farm use. It is important to note that that those portions of the on-site activities that
constitute "farm use" are not subject to conditional use review. The following analysis
considers the site, design, and operating characteristics of the use.
Site and Design
The subject property is approximately 9.7 acres in size with relatively level terrain. Connarn
Road, which is adjacent to north property boundary, provides access to the site. A majority
of the property is in farm use consisting of lavender plant production and some (approx. 2.5
acres) pasture grasses. Some introduced landscaping exists near residential uses on the
property. Development on-site, which is primarily in the south and southeast regions,
includes two single-family dwellings (one being a medical hardship dwelling), several
accessory or agricultural buildings, pond, driveway, and an access road. The property also
includes at least 8.7 acres of acres of irrigation water rights.
The site is of sufficient size to accommodate the commercial activity (processing, storage,
and marketing of lavender products). There are no significant natural site features, which
would preclude siting of the use on the property. A majority of the 9.7 acres will retain the
247 -18 -000526 -CU and -000527-SP, Revised Page 18 of 44
existing farm use structures, treed areas, and irrigated lands. For these reasons, staff finds
the siting and design of the proposed commercial activity is suitable to the property.
Operating Characteristics
The primary use on the property is the farm use of growing and selling lavender plants. This
will remain the primary use of the property. The proposed commercial activity will include
processing of the lavender oil and floral water and using the oil, water, and lavender buds to
make other products. The distillation or processing of the farm product into oil and water
will be within the existing garage attached to the primary house on the property. The
proposed processing and storage area will use approximately 480 square feet of the 1,200
square foot garage. The distillation production occurs for no more than 3 to 4 weeks in a
calendar year, occurring typically in the fall months (e.g. September and October), and at
random times in the day. A small accessory building (504 square feet) will be used for
displaying and selling the farm product and lavender -enhanced products. Peak season for
the lavender farm is approximately June to August, which is when the farm has the highest
customer visits. Shoulder seasons such as spring (e.g. April and May) and fall (e.g. September
and October) will see less visitation. The farm is closed during the winter months.
Throughout the extended season for planting, growing, and harvesting, there will be
approximately five farm workers/employees with two working at any one time. However,
the applicant conducts a majority of the processing with one part-time employee providing
assistance (primarily at farmer's markets). Hours of operation for the display/retail aspect
will be Monday through Saturday 9:00 a.m. to 5:00 p.m. The applicant will have a parking
area associated with the use in the southwestern region of the property and adjacent to the
small display/retail building. Other areas of the property will remain in active farm use of
lavender and pasture grasses. The existing driveway and access roads will remain in their
current configuration except as discussed below.
Based on staffs review of the site plan, the site is suitable given the operating characteristics
of the proposed use. The site does not present any adverse natural features or hazards,
which would prohibit the proposed operating characteristics.
2. Adequacy of transportation access to the site; and
FINDING: The subject property is adjacent to Connarn Road to the north with access located
in the northeastern region of the property. The County Transportation Planner initially
expressed concern regarding the Connarn Road access width and sight distances for the
existing access as it would relate to a commercial operation and use by the general public.
The submitted site plan illustrates access at Connarn Road is at most 35 feet wide but it
tapers down to no more than 15 feet18 as the driveway travels south. In reviewing on-site
access, discussed below in DCC 18.116.030 and 18.124.060, staff finds the driveway access
18 The applicant states the access is approximately 15 to 20 feet wide. However, staff does not agree as some
areas are measured as having a width less than 15 feet. In the region of the property where the access is
within 100 feet of Connarn Road, the gravel driveway is less than or equal to 15 feet in width, according to
staff observations and measurements.
247 -18 -000526 -CU and -000527-SP, Revised Page 19 of 44
near Connarn Road as insufficient in order to provide safe vehicle ingress and egress. The
existing driveway width prevents two-way traffic and thus can result in congestion during
busy times. As discussed below, it will be made a condition of approval that the first 75 feet
of the driveway, as measured south from the north property, shall be widened to 20 feet and
improved with gravel in order to allow for the stacking of three vehicles on the property.
Regarding the concern of sight distances at the Connarn Road access point, the applicant
provided distances of approximately 500 feet and 520 feet from the driveway entrance to
the east and west, respectively. The applicant believes the "sight distances are more than
adequate to serve the limited amount of traffic" generated from the on-site commercial
activity. After a series of communications, County staff concluded that, given the change in
use of the activity on the property from residential to commercial activity, the applicant will
need to apply for a new access permit to comply with DCC 17.48.210(A). At that time, the
County Road Department will confirm the sight distance requirements. The County
Transportation Planner indicated that a traffic analysis is not required based on the limited
number of trips (less than 50 new weekday trips) generated by the proposed use.
No other deficiencies in infrastructure were identified by the County Transportation Planner
or Road Department. Staff finds that transportation access to the site is adequate under this
proposal, including the proposed conditions
3. The natural and physical features of the site, including, but not limited to, general
topography, natural hazards and natural resource values.
FINDING: The proposed commercial activity, including existing buildings and proposed
parking and maneuvering areas will be located in an area that has relatively level terrain. A
majority of the property is in farm use consisting primarily of lavender plant production and
some pasture grasses. Some introduced landscaping exists around the existing
development. The property is developed with two dwellings and several accessory and
agricultural structures. There are no known natural hazards or distinguishing natural
resource values on property that merit protection (e.g. Goal 5 inventoried natural resources)
that are any different than those experienced by other properties in Central Oregon. Staff
finds there are no natural or physical features on the site that will prevent the proposed
commercial activity in conjunction with the existing lavender farm use.
B. The proposed use shall be compatible with existing and projected uses on surrounding
properties based on the factors listed in DCC 18.128.015(A).
FINDING: Staff incorporates herein by reference the "Surrounding Land Uses" section,
above. The area surrounding the subject property consists of a mix of uses including farm
and rural residential properties. Projected uses on surrounding properties are limited by
the zoning restrictions in the area, which are EFU, SM, and MUA-10. In Father's House (file no.
247 -18 -000061 -CU) the Board of County Commissioners found:
247 -18 -000526 -CU and -000527-5P, Revised Page 20 of 44
The Board finds that to determine whether a proposed conditional use is compatible with
an area as it now exists, or as it is projected to exist in the future, it requires consideration
of a large enough area to reasonably ascertain what the existing uses of properties in a
general area are that might be affected by a proposed conditional use. In addition, it can
require consideration of existing and projected development patterns for such properties.
Staff finds that the immediately adjacent properties are "surrounding properties" as they
could be potentially be directly impacted by visual, noise, odor or similar impacts from the
proposed commercial use. In addition, staff finds those properties taking direct access from
Connarn Road are "surrounding properties" only for the purpose of evaluating potential
transportation access impacts.
The lavender farm is the primary use on the property and is well established in the area,
having been in existence since approximately 2006, growing and selling lavender plants. The
proposed commercial activity that will be in conjunction with the existing lavender farm will
be accessory to the existing farm operation.
The following discussion reviews how the proposed use will be compatible with existing and
projected uses on surrounding properties based on the factors of site, design, and operating
characteristics of the use.
Site, design and operating characteristics of the use
As detailed above, all structures (e.g. garage for processing and small display/retail building)
and parking areas associated with the commercial activity observe substantial setbacks from
property lines and off-site residential uses. The proposal will occur in structures that are
existing on the property. Staff finds these setbacks will help to reduce any potential off-site
visual and noise impacts.
The primary use of the property is the existing lavender farm. The applicant proposes
commercial activity in conjunction with that farm use that will include the processing of
lavender oil and floral water and in turn, use the oil, water, and lavender buds to make other
products. In addition, a minimal amount of marketing and sale of such products will occur
on site in an existing display/retail building. However, most sales occur off-site.
Comments from neighboring property owners express concerns regarding several aspects
of both the existing farm use and the proposed commercial activity connected to the farm
use. Although staff understands these concerns, only the commercial activity in conjunction
with the farm use is subject to conditional use review and that the existing farm use are not
subject to this standard. Specifically, under conditional use review are on-site retail sales,
associated public visits to the site, processing of lavender, and the manufacture of lavender
derived products in existing structures.
Staff finds the following identified concerns pertain to the site, design, and operating
characteristics of the use:
247 -18 -000526 -CU and -000527-SP, Revised Page 21 of 44
• Restroom facilities for public
Restroom requirements are reviewed by Deschutes County Building Division and
Environmental Soils Division. As a condition of approval, the commercial use shall comply
with all requirements of the Deschutes County Building Safety Division and the
Environmental Health Division and any other applicable state or federal laws. Compliance
with the requirements of the Deschutes County Building Safety Division shall include
meeting all building occupancy classification requirements of the state -adopted building
code. If new construction of restroom or other facilities are required, additional site plan
review will be required.
• Parking facilities for public
Staff finds that applicable parking requirements are addressed below and, as conditioned,
will be met.
Noncompliant structural setbacks
Staff finds that noncompliant setbacks have not been documented by survey and that to the
extent noncompliant setbacks may exist, that those structures are not part of the proposed
commercial use.
• Noncompliant business has been operational for years
Staff finds that nothing prevents the applicant from applying for and receiving approval for
after -the -fact permits. As noted above in the Basic Findings section, the applicant submitted
the land use permit application in response to code enforcement case, file no. 247 -18-
000072 -CE
• High level of worker activity on-site
Staff finds that, as described above, labor associated with the conditional use is very limited.
The labor associated with the farm use is an outright us and not reviewed in this decision.
• Farm workers living on-site in RV/travel trailer
Staff notes that any such use is not reviewed or approved by this decision. Staff notes that
code enforcement complaints are the appropriate way to seek review of alleged violations.
• Increased use of Conditional Use permits will set a precedent
Staff finds that each land use permit is reviewed on its own merits and that land use review
is not generally subject to the precedential requirements seen in other types of law.
247 -18 -000526 -CU and -000527-SP, Revised Page 22 of 44
• Certified organic lavender places additional burden on neighboring properties
Staff finds that this issue pertains to the farm use of the property, which is an outright use
and is not under review.
• Impacts to rural character of area
Staff finds that the manufacturing aspects of the commercial activity, conducted in existing
buildings at a farm, are unlikely to adversely impact the rural character of the area. The retail
and public visitation aspects of the commercial use present a closer question. Staff finds
that this criterion would not be met in the event that the commercial use either precluded
or significantly adversely impacted the normal use and development of residences and farm
uses on surrounding properties. To mitigate any such impacts, staff imposes the following
conditions of approval:
Operation of the commercial activity, specifically the on-site retail sales and associated
public visits to the site, shall be limited to 9:00 a.m. to 5:00 p.m. These limits do not pertain
to the processing of lavender and the manufacture of lavender derived products nor do
these limits pertain to the residential or farm use of the property.
Amplified sound is prohibited in association with the commercial use.
External changes to the dwelling, farm structures or any accessory structure in which the
commercial activity would be conducted that would give any building an outward
appearance of a business are prohibited.
In addition, lighting has been raised as a potential issue. Staff finds that under the proposed
conditions listed below off-site Tight impacts will not be significant.
Adequacy of transportation access to the site
Staff finds that the commercial activity would be compatible with existing and projected uses
on surrounding properties with regard to adequacy of transportation access to the site
where the commercial activity adversely impacted transportation access to existing and
proposed uses on surrounding properties. Comments were submitted by neighboring
property owners regarding the following issues:
• Increase of traffic (passenger and truck trailer) and congestion on local roads and the
subject property
• Increased traffic will affect safety of the cyclists using the roadways
• Driveway access width is inadequate for use
No expert evidence or testimony was presented to support these potential impacts. Staff
understands that the traffic generated by the commercial activity is intertwined by the
247 -18 -000526 -CU and -000527-SP, Revised Page 23 of 44
existing farm use traffic and thus has a cumulative impact to the neighborhood as well as
the subject property.
The Deschutes County Transportation Planner did not identify a deficiency in infrastructure
and a traffic analysis is not required. However, staff concurs with the neighbor comment
discussing inadequate width of the driveway access. In reviewing on-site access, discussed
below in DCC 18.116.030 and 18.124.060, staff finds the driveway access near Connarn Road
is insufficient in order to provide safe ingress and egress. Although the access point at
Connarn Road is wide enough for two-way traffic, it tapers down to no more than 15 feet
within a short distance (approximately 12 feet). Staff finds that the commercial activity will
intensify the use of the property and increase traffic going to/from the property from
Connarn Road. The existing driveway width prevents two-way traffic; thus would result in
congestion during busy times. As discussed below, it will be made a condition of approval
that the first 75 feet of the driveway, as measured south from the north property, shall be
widened to 20 feet and improved with gravel in order to allow for the stacking of three
vehicles on the property.
In addition, it will be made a condition of approval the applicant obtain a driveway access
permit to change the use of driveway from residential to commercial. The applicant provided
sight distance measurements (approximately 500 feet and 520 feet to the east and west;
however, the Road Department will confirm sight distances and compliance with DCC
17.48.210 at the time of review for the new driveway access permit.
Natural hazards and natural resource values
There is no evidence in the record and staff does not anticipate the proposed commercial
use will create or exacerbate off-site natural hazards nor will it adversely impact off-site
natural resource values.
In sum, the applicant has demonstrated that, with the adoption of conditions of approval,
the proposed use is compatible with existing and projected uses.
C. These standards and any other standards of DCC 18.128 may be met by the imposition
of conditions calculated to insure that the standard will be met.
FINDING: Staff finds approval of the proposed commercial activity shall be subject to
conditions of approval set forth at the end of this decision.
CHAPTER 18.124. SITE PLAN REVIEW
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
247 -18 -000526 -CU and -000527-SP, Revised Page 24 of 44
or changed until a final site plan is approved according to DCC Title 22, the Uniform
Development Procedures Ordinance.
B. The provisions of DCC 18.124.030 shall apply to the following:
1. All conditional use permits where a site plan is a condition of approval;
2. Multiple family dwellings with more than three units;
3. All commercial uses that require parking facilities;
4. All industrial uses;
5. All other uses that serve the general public or that otherwise require parking
facilities, including, but not limited to, landfills, schools, utility facilities, churches,
community buildings, cemeteries, mausoleums, crematories, airports, parks and
recreation facilities and livestock sales yards; and
6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining
Zones (SMIA).
FINDING: The applicant proposes to establish a commercial use, for which Site Plan Review
is required. Staff notes that that "farm use," as defined in DCC 18.04.030, is not subject to
site plan review. Therefore, the provisions of this chapter apply.
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 existing environment consists of relatively topography. Vegetation consists
of introduced trees and irrigated land comprised primarily of lavender plants and some
pasture grasses. There are no topographical features to protect, such as rock outcrops.
Development on-site includes two dwellings, several accessory and agricultural buildings,
driveway. The subject property also includes approximately 8.7 acres of water rights and
irrigation pond. Views on-site are to the Cascade Mountains to the west.
Neighbors have raised issues regarding a variety of potential impacts from the proposed
commercial activity. These are reviewed in detail under DCC 18.128.015, above. Staff
believes that these concerns also are potential concerns under the "harmonious" standard
of this criterion. In Evolution Concepts (file nos. 247 -17 -000172 -AD, 247 -17 -000173 -SP, 247-
17 -000180 -AD (247-17-000803-A)], the Board made the following finding.
The proposed marijuana processing, located in an existing agricultural building, is subject
to site plan review. The Board acknowledges that the purpose of the site plan review is to
"promote functional, safe, innovative and attractive site development compatible with the
natural and man-made environment" (emphasis added). Among eleven standards for
approval, a site plan includes review of whether "the proposed development shall relate
harmoniously to the natural environment and existing development" (emphasis added).
247 -18 -000526 -CU and -000527-5P, Revised Page 25 of 44
Two Board members were concerned over the impacts of the proposed development will
have on the surrounding natural and man-made environment. Specifically, the Board
finds that the application for the processing facility does not relate harmoniously to
existing development in the area. The record demonstrates that this area is adjacent to
the Urban Reserve Boundary of the City of Redmond. It is an area that one could
reasonably anticipate, in the future, to be included within the urban area as residential
neighborhoods. The properties around this facility are generally small, rural residential
acreages. None of these small agricultural operations, nor the existing residential
development to the east of the subject property, has any similar physical characteristics to
the site plan submitted by the applicant for a processing facility. For example, the
surrounding developments do not have significant HVAC systems to the same extent as the
proposed facility, nor do they generate the same significant traffic. The cumulative effect
of this site plan in terms of traffic, access to Highway 126, and the characteristics of the
building, differentiate it from other facilities nearby. Collectively these attributes lead the
Board to find that this processing facility will not relate harmoniously to the existing
development in the area.
Under this analysis, staff believes that this criterion likely requires a similar analysis to
18.128.015(B). Staff incorporates herein by reference the staff findings provided under DCC
18.128.025(B), above and finds that this criterion will be met under the conditions of approval
required in this decision.
Staff also notes that only the commercial use is subject to site plan review and that those
portions of the proposed use that constitute "farm use" are not subject to this standard.
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 site includes relatively level topography with introduced vegetation and
irrigated lavender fields and pasture grasses throughout the property. The proposed
parking area will require removal of vegetation in the building footprint only. All other
vegetation, irrigated farmland, and existing topography throughout the property will be
retained. No other impacts to landscape and existing topography are proposed. Staff finds
this criterion will be 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 has designed a safe site by providing areas for safe vehicle travel
through a parking and maneuvering area. in addition, it has been made a condition of approval
that the first 75 feet of the driveway access be widened to 20 feet. This will provide safe ingress
and egress to the property. Together, the plan offers appropriate opportunities for privacy and
a transition from public space along Connarn Road to the private spaces on site.
247 -18 -000526 -CU and -000527-SP, Revised Page 26 of 44
Furthermore, the site is developed with a 504 square foot building used for displaying
lavender products available for purchase. In order to provide a safe environment in this
space, the County Building Safety Division has indicated that a Change of Use (building)
permit shall be required to change the occupancy of this structure. To ensure compliance,
approval will be conditioned to this effect.
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 applicant has not indicated whether ADA accessible parking spaces will be
provided. The proposed commercial activity in conjunction with the lavender farm uses a
small 504 square foot building used for displaying lavender products available for purchase.
This structure was established as an Agricultural Exempt building through permit AG -13-12.
If this structure requires a new building permit, then specific ADA requirements will be
reviewed by the Building Division during that building permit process. To ensure compliance
with ADA requirements, this will be made a condition of approval. This criterion can be met
as conditioned.
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 proposed commercial activity will utilize an existing driveway from Connarn
Road, which is adjacent to the northern property boundary. The proposal includes one
parking area located in the southwestern region of the property. On the property, adequate
separation will be provided between pedestrians and moving and parked vehicles. In order
to provide adequate ingress and egress from Connarn Road, it has been conditioned to
widen the first 75 feet of the driveway to 20 feet. Otherwise, the drive aisles and service
roads will provide adequate vehicular circulation on-site and convenient access to the
commercial activity. The proposed use will be significantly set back from development on
adjoining lots with some screening of vegetation and existing development to assure that
the use is harmonious with proposed and neighboring properties and structures. This
criterion will be met as conditioned.
F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring
properties, streets or surface and subsurface water quality.
FINDING: The proposed commercial activity will not significantly increase impervious
surface area on the subject property. A vast majority of the property will remain in farm use
including irrigated pasture and lavender fields. The driveways and parking areas will be
surfaced with gravel generally and other permeable surfaces allowing infiltration of
stormwater. Staff finds that the existing and proposed design prevents adverse impacts on
the neighboring properties, streets, and surface and subsurface water quality.
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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: The submitted application materials indicate that accessory areas have been
designed and will be located to minimize adverse impacts on the site and neighboring
properties. The applicant indicates that all facilities will be located away from neighboring
properties to minimize adverse impacts. Existing vegetation will be retained to provide
screening and buffering for all elements of the commercial activity. This criterion will be met.
H. All above ground utility installations shall be located to minimize adverse visual
impacts on the site and neighboring properties.
FINDING: The applicant is not proposing any new above ground utilities. This criterion does
not apply.
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.
J. All exterior lighting shall be shielded so that direct light does not project off-site.
FINDING: The applicant is aware that if any exterior lighting is to be installed, it must comply
with this and other criteria. To ensure compliance if lighting is added in the future, it will be
made as a condition of approval that all exterior lighting shall be shielded so that direct light
does not project off-site.
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight distance, turn and
acceleration/deceleration lanes, right-of-way, roadway surfacing and widening and
bicycle and pedestrian connections, shall be identified.
2. Mitigation for transportation -related impacts shall be required.
3. Mitigation shall meet applicable County standards in DCC 17.16 and DCC 17.48,
applicable Oregon Department of Transportation (ODOT) mobility and access
standards, and applicable American Association of State Highway and
Transportation Officials (AASHTO) standards.
FINDING: The subject property is adjacent to Connarn Road along its northern boundary.
As addressed above, the County Transportation Planner initially expressed concern
regarding the Connarn Road access width and sight distances for the existing access. County
staff concluded that given the change in use of the activity on the property - residential to
commercial activity - the applicant will need to apply for a new access permit to comply with
247 -18 -000526 -CU and -000527-SP, Revised Page 28 of 44
DCC 17,48.210(A). The County Road Department will confirm the sight distance
requirements at that time. A traffic analysis is not required based on the limited number of
trips (less than 50 new weekday trips) generated by the proposed use.
As addressed below in DCC 18,116.030, staff finds the driveway access near Connarn Road
of insufficient width in order to provide safe ingress and egress. The access point at Connarn
Road is just wide enough for two-way traffic but within a short distance (approximately 12
feet), the width tapers down to no more than 15 feet. Staff finds that the commercial activity
will intensify the use of the property and increase traffic going to/from the property from
Connarn Road. This width will prevent safe two-way travel, which could cause queueing on
Connarn Road, as traffic could not enter the site until the driveway is clear. According to DCC
17.48.220(A), driveway width for agricultural uses is 20 feet. Staff finds a 20 -foot width
appropriate for the proposed commercial activity that is in conjunction with the existing
lavender farm. In addition, County practice is to obtain 75 feet on a property before an
entering vehicle reaches a potential conflict point (e.g. a parking stall or drive-through
window). This distance provides maneuvering room on-site for the length of approximately
three vehicles (25 feet x 3), which then helps prevent queuing onto the roadway. Based on
this information, it will be made a condition of approval that the applicant widens the
driveway to 20 feet for a distance of 75 feet from Connarn Road into the property.
No other deficiencies in infrastructure were identified by the County Transportation Planner
or Road Department. Staff finds that transportation access to the site is adequate under this
proposal and as conditioned.
Section 18.124.070. Required Minimum Standards.
A. Private or shared outdoor recreation areas in residential developments.
FINDING: The proposal does not involve residential development. Staff finds this criterion
does not apply.
B. 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 subject property is approximately 9.7 acres. The staff finds that over 15
percent of the property is landscaped with irrigated lavender and pasture fields and
landscaping around existing development. In addition, the applicant proposes to retain
existing vegetation as landscaping. These criteria are met.
2. In addition to the requirement of DCC 18.124.070(B)(1)(a), the following landscape
requirements shall apply to parking and loading areas:
247 -18 -000526 -CU and -000527-SP, Revised Page 29 of 44
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.
FINDING: The applicant is required to have 15 parking spaces, as noted below in this
decision. Therefore, the parking areas shall be required to be improved with an additional
375 square feet of landscaping in order to meet this criterion (15 * 25 = 375). The applicant
proposes to retain existing vegetation throughout the 9.7 -acre subject property and in other
areas not intended for development. This exceeds the 375 square foot requirement and
thus meets this criterion.
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.
FINDING: The proposal does not include a parking area adjacent to a roadway. Therefore,
this criterion is not applicable.
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.
FINDING: Based on staffs review of the landscape plan, the landscaped areas will be in
defined areas that are uniformly distributed throughout the parking area. All landscaped
areas will be at least five feet in width. These criteria will be met.
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.
FINDING: As a condition of approval, the applicant shall be required to maintain
continuously and keep alive and attractive all landscaping on the subject property.
h. Maximum height of tree species shall be considered when planting under
overhead utility lines.
FINDING: The applicant is not proposing to plant trees under overhead utility lines.
Therefore, this criterion is not applicable.
247 -18 -000526 -CU and -000527-5P, Revised Page 30 of 44
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: Bicycle parking standards are addressed below in DCC 18.116.031.
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: A small -detached structure that is at the south end of the lavender fields is used
for the display and sale of those farm and non-farm products. The processing and storage
of the product will be conducted within the existing garage attached to the primary
residence. Staff understands that no other buildings will be used as part of the commercial
activity that is subject to site plan review. The parking area is adjacent to the display/retail
building and customers/pedestrians have a direct walkway access to/from this area
constructed hard surface or similar technique. This criterion is met.
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.
FINDING: There are no walkways, sidewalks, bikeways, and other pedestrian or bicycle
connections on adjacent properties planned or used for commercial, multi family, public or
park use. Staff finds that the intent of this section includes provision of appropriate
connections from commercial development to nearby streets, transit facilities, and
pedestrian or bicycle connections'g. However, staff finds such paved connections are not
warranted in this case due to a number of site-specific considerations.
Staff finds that the access road and other on-site pathways will provide reasonable access
for the limited number pedestrian and bicyclists using the property as part of the commercial
use. In addition, staff finds that the conversion of approximately 850 feet (following existing
access road) of farmland for a pedestrian and bicycle walkway to and from the display/retail
building will substantially impact the existing farm use on the property in return for little or
no improvement in pedestrian and bicycle access. As such, staff finds that no walkway
connection to off-site facilities is required.
t9 As indicated by neighboring property owners, Connarn Road is frequently used by cyclist. The Oregon
Scenic Byway's route, Twin Bridges, is in the vicinity. However, staff finds that Connarn Road is not a
designated state or local bike connection.
247 -18 -000526 -CU and -000527-SP, Revised Page 31 of 44
c. Walkways shall be at least five feet in paved unobstructed width. Walkways
which border parking spaces shall be at least seven feet wide unless concrete
bumpers or curbing and landscaping or other similar improvements are provided
which prevent parked vehicles from obstructing the walkway. Walkways shall
be as direct as possible.
FINDING: This section states that pedestrian walkways must be at least five feet in
unobstructed width but does not expressly require them in all cases as discussed by the
Hearings Officer in Robberson, file nos. 247 -16 -000560 -CU and 561-5P. Moreover, County
Code does not define the term "paved." According to Oxford Dictionary, however, paved is
defined as "(of a piece of ground) covered with concrete, asphalt, stones, or bricks,"20 In a
rural setting where the primary use of the property is farm use and the parking is adjacent
to the display/retail area, staff is reluctant to require a paved walkway surface when an
exception to paving the parking area has been granted (except any required ADA parking
that may be required). Nevertheless, with the proposed parking area adjacent to the
display/retail building, staff finds an accessible walkway will be necessary from the parking
area to the display/retail building. To ensure compliance, it will be made a condition of
approval that a walkway be established between the parking spaces and the display/retail
building. The walkway shall be an accessible route in compliance with ADA requirements, be
at least five feet unobstructed width that is in paved (concrete, asphalt, or similar hard
surface). Staff finds these criteria are met as conditioned.
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.
FINDING: The proposal does not include walkways that cross the parking and maneuvering
area on-site or the driveway. This criterion is not applicable.
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: Any required accommodations to comply with ADA standards will be addressed
during any building permit review, if necessary. This criterion will be met.
D. Commercial Development Standards:
1. New commercial buildings shall be sited at the front yard setback line for lots with
one frontage, and at both front yard setback lines for corner lots, and oriented to
at least one of these streets except in the Sunriver UUC Business Park (BP) District
20 Definition of "paved". https://en,oxforddictionaries.com/definition/paved
247 -18 -000526 -CU and -000527-SP, Revised Page 32 of 44
and Town Center (TC) District and the La Pine UUC Business Park (LPBP) District. The
building(s) and any eaves, overhangs or awnings shall not interfere with the
required clear vision area at corners or driveways.
FINDING: The applicant is not proposing new commercial buildings. Therefore, staff finds
this criterion is not applicable.
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: Neither the Deschutes County Road Department, nor the Deschutes County
Transportation Planner, identified transportation infrastructure deficiencies or
requirements.
CHAPTER 18.116, SUPPLEMENTARY PROVISIONS
Section 18.116.020. Clear vision areas.
A. In all zones, a clear vision area shall be maintained on the corners of all property at the
intersection of two streets or a street and a railroad. A clear vision area shall contain
no planting, fence, wall, structure or temporary or permanent obstruction exceeding
three and one-half feet in height, measured from the top of the curb, or, where no curb
exists, from the established street centerline grade, except that trees exceeding this
height may be located in this area provided all branches and foliage are removed to a
height of eight feet above the grade.
B. A clear vision area shall consist of a triangular area on the corner of a lot at the
intersection of two streets or a street and a railroad. Two sides of the triangle are
sections of the lot lines adjoining the street or railroad measured from the corner to a
distance specified in DCC 18.116.020(B)(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:
247 -18 -000526 -CU and -000527-5P, Revised Page 33 of 44
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 by this
proposal. Staff finds this criterion is met.
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 use are addressed below.
B. Off -Street Loading. Every use for which a building is erected or structurally altered to
the extent of increasing the floor area to equal a minimum floor area required to
provide loading space and which will require the receipt or distribution of materials or
merchandise by truck or similar vehicle, shall provide off-street loading space on the
basis of minimum requirements as follows:
1. Commercial, industrial and public utility uses which have a gross floor area of 5,000
square feet or more shall provide truck loading or unloading berths subject to the
following table:
Sq. Ft. of Floor Area
No. of Berths Required
Less than 5,000
0
5,000-30,000
1
30,000-100,000
2
100,000 and Over
3
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 applicant will be using approximately 480 square feet for processing of the
farm product and 504 square feet for marking and retail. The total floor area is 984 square
feet and thus less than 5,000 square feet in size. No loading berth is required.
247 -18 -000526 -CU and -000527-SP, Revised
Page 34 of 44
C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set
forth in DCC 18.1 16.030 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:
6. Commercial.
Use
Requirements
Grocery stores of 1,500 sq.
ft. or less of gross floor
area, and retail stores,
except those selling bulky
merchandise
1 space per 300 sq. ft. of
gross floor areas.
7. Industrial.
Use
Requirements
Manufacturing
establishment
1 space per employee on
the largest working shift.
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 commercial activity in conjunction with farm use (the
existing lavender farm). The commercial activity will include the processing of the lavender
oil and floral water and using the oil, water, and buds to make other products. The applicant
will have storage and marketing (on-site retail sales) of such products. The processing and
storage space will be approximately 480 square feet and the retail space 504 square feet.
The applicant and his wife are the farmers who live on-site and who conduct a majority of
the lavender processing21. However, during certain times of the year, they may have
approximately five employees conducting farm use and one employee, if necessary, assisting
in the commercial activities (processing) duties. Staff finds that only the commercial activity
generated parking demand is subject to this criterion.
Based on the above information and the parking table, the facility would typically require
three parking spaces (503 _ 300 = 1.68 (2) for retail and one employee for manufacturing).
However, based on the maximum number of customers the applicant expects to have within
the retail building during peak season, 10 parking spaces are proposed for customers. In
addition, the applicant proposes five (5) parking spaces for employees (both farm and
Z1 No changes are proposed for the existing residence on-site and more than two spaces exist either in the
garage or in front of the home.
247 -18 -000526 -CU and -000527-SP, Revised Page 35 of 44
commercial activity employees). Staff concurs with the applicant and finds the proposed
parking facility satisfies this criterion.
E. General Provisions. Off -Street Parking.
1. More Than One Use on One or More Parcels. In the event several uses occupy a single
structure or parcel of land, the total requirement for off-street parking shall be the
sum of requirements of the several uses computed separately.
FINDING: The applicant is proposing commercial activity in conjunction with the existing
lavender farm on the property. The existing farm use has its own parking area, which will
not affect the off-street parking proposed for the commercial activity. In addition, the
residential parking is located adjacent to the existing residences. Notwithstanding the above
noted on-site parking, the applicant proposes to accommodate parking need for both farm
and commercial activity employees. The proposed parking area for the employees and
commercial activity customers is located just west of the retail building.
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: As noted in the previous finding, the applicant is proposing commercial activity
together with the existing farm use. The parking spaces are located near the retail building,
in the southwest region of the property. The subject property includes residential use in the
southern regions of the property and farm use throughout. Staff finds that the proposed
parking on the site is sufficient to accommodate the parking requirements for the each use
separately. The applicant is not proposing joint use of facilities.
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 will be located on the same parcel as the proposed
commercial activity. In particular, the parking and maneuvering areas for the commercial
activity and employees will be located on-site and within 500 feet of the intended use of the
commercial use. The parking and maneuvering areas are located in a safe and functional
247 -18 -000526 -CU and -000527-SP, Revised Page 36 of 44
manner, designed for operable passenger vehicles made available for service personnel
only. This criterion is met.
4. Use of Parking Facilities. Required parking space shall be available for the parking
of operable passenger automobiles of residents, customers, patrons and employees
only and shall not be used for the storage of vehicles or materials or for the parking
of trucks used in conducting the business or used in conducting the business or use.
FINDING: To ensure compliance, staff includes a condition of approval that parking spaces
are not used for storage of vehicles or materials or for the parking of trucks used in
conducting the business or used in conducting the business or use.
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 proposed commercial activity and other improvements will be approximately
450 feet south of Connarn Road. 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 and therefore, 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: Residential uses are adjacent to the subject property to the south, southwest, and
east. The proposed parking area is over 500 feet away from the existing residences on those
properties and is effectively screened or buffered by landscaping or structures.
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.
247 -18 -000526 -CU and -000527-SP, Revised Page 37 of 44
FINDING: The subject property is adjacent to residentially zoned property to the south and
east, and across Connarn Road to the north. The applicant is not proposing to illuminate the
off-street parking area. However, to ensure compliance, it will be made a condition of
approval that any exterior lighting in association with the proposal complies with the
Deschutes County Covered Outdoor Lighting Ordinance per Section 15.10 of Title 15 of the
Deschutes County Code.
3. Groups of more than two parking spaces shall be located and designed to prevent
the need to back vehicles into a street or right of way other than an alley.
FINDING: The area of the site that will accommodate parking and maneuvering of vehicles
is designed to occur on the site and prevent vehicles backing into a street or right-of-way.
The proposed commercial activity development and associated parking and maneuvering
areas are not located near a street or other rights-of-way. This criterion is met.
4. Areas used for standing and maneuvering of vehicles shall be paved surfaces
adequately maintained for all weather use and so drained as to contain any flow of
water on the site. An exception may be made to the paving requirements by the
Planning Director or Hearings Body upon finding that:
a. A high water table in the area necessitates a permeable surface to reduce
surface water runoff problems; or
b. The subject use is located outside of an unincorporated community and the
proposed surfacing will be maintained in a manner which will not create dust
problems for neighboring properties; or
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 an unincorporated community. The
applicant requests an exception to the paving requirements for the parking and
maneuvering areas. The applicant proposes to maintain the existing grass and dirt as an
alternative surface that will not create dust. Staff finds the existing grass and dirt are not
adequate for all weather use. However, staff finds that gravel will be consistent with the
surfacing of the existing driveway and is appropriate in a farm setting. To ensure compliance,
it has been added as a condition of approval that the proposed parking and maneuvering
areas shall be gravel surfaced and maintained for dust control so they do not become a
problem for neighboring properties. This includes the proposed extension of the existing
access road/driveway that extends west approximately 115 feet from the end of the existing
access to the proposed parking area. In addition, as noted below, the widening of the
driveway access near Connarn Road is also required to be gravel surfaced and maintained
for dust control. This exception does not apply to any ADA -specific parking requirements.
247 -18 -000526 -CU and -000527-SP, Revised Page 38 of 44
5. Access aisles shall be of sufficient width for all vehicular turning and maneuvering.
FINDING: The proposed parking area has been designed to meet the design standards of
the DCC 18.116. The parking area consists of one row of parking spaces that includes
sufficient width for two-way traffic access aisle and thus meeting this criterion.
6. Service drives to off-street parking areas shall be designed and constructed to
facilitate the flow of traffic, provide maximum safety of traffic access and egress
and maximum safety of pedestrians and vehicular traffic on the site. The number
of service drives shall be limited to the minimum that will accommodate and serve
the traffic anticipated. Service drives shall be clearly and permanently marked and
defined through the use of rails, fences, walls or other barriers or markers. Service
drives to drive in establishments shall be designed to avoid backing movements or
other maneuvering within a street other than an alley.
FINDING: The property has one access point along Connarn Road and one primary access
road22 to the primary residence, farm fields, and structures. The commercial activity will use
this existing access road. Together with consultation with the County Transportation
Planner, staff finds the commercial activity will intensify the use of the property and increase
traffic going to/from the property from Connarn Road. The current driveway is insufficient
for two-way traffic (no more than 15 feet wide)23, which could cause queueing on Connarn
Road as traffic could not enter the site until the driveway is clear. County practice is to obtain
75 feet on a property before an entering vehicle reaches a potential conflict point such as a
parking space or drive-through window. This distance provides maneuvering room on-site
for the length of approximately three vehicles (25 feet x 3), which in turn helps prevent
queuing onto the roadway. Based on this information, it will be made a condition of approval
that the applicant widens the driveway to 20 feet for a distance of 75 feet from Connarn Road
into the property. This width is consistent with DCC 17,48.220(A).
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 submitted application materials indicate that service drives will have a
minimum vision clearance area. Staff finds this criterion satisfied.
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.
22 A driveway splits off from the primary access road to serve the medical hardship dwelling.
23 According to Deschutes County Rural Fire Protection District, the fire code requires a commercial access
width of 20 feet. If a 20 -foot width is not possible, providing an alternative such as pullouts may be adequate
for the fire district. Staff believes the relatively level topography may not justify pullouts as an alternative.
Instead of requiring the entire length of the access (over 600 feet) to be widened to 20 feet, staff finds that
widening the first 75 feet of the driveway access is the best alternative for this situation.
247 -18 -000526 -CU and -000527-SP, Revised Page 39 of 44
FINDING: No parking spaces are proposed near a property line where a motor vehicle might
extend 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 may be designed for
compact cars provided that the compact stalls do not exceed 30 percent of the total
required stalls. A compact stall shall be eight feet in width and 17 feet in length
with appropriate aisle width.
FINDING: The County standards for stalls and aisles as set forth in Table 1. As designed, the
parking lot and all parking spaces will satisfy the standards set forth in Table 1, including stall
dimensions of 10 feet wide by 20 feet long for the related 90 -degree parking angle and aisle
width of 24 feet for two-way traffic. To ensure compliance, approval will be conditioned to
this effect.
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.
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.
it. The proposed use generates less than 50 vehicle trips per day.
247 -18 -000526 -CU and -000527-SP, Revised Page 40 of 44
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 is located outside of an unincorporated community. In
addition, the property is accessed by Connarn Road, which does not contain bikeways such
as designated bike lanes. The applicant indicates that current bicycle use by customers and
employees of the farm is nonexistent or unlikely. Moreover, according to the County
Transportation Planner, the proposed commercial activity generates less than 50 vehicles
trips per day. Based on this information, staff believes that compliance with the exceptions
criteria is met and no bicycle parking is required.
IV. CONCLUSION:
Based on the foregoing findings and conclusions, staff concludes that the proposed commercial
activity in conjunction with the existing lavender farm use can comply with the applicable standards
and criteria of the Deschutes County zoning ordinance if conditions of approval are met.
Other permits may be required. The applicant is responsible for obtaining any necessary
permits and meeting the requirements of the Deschutes County Building Safety Division and
Deschutes County Environmental Soils Division, as well as obtaining any required state and
federal permits.
V. SYSTEM DEVELOPMENT CHARGE
Board Resolution 2013-020 sets a transportation SDC rate of $3,937 per p.m. peak hour trip.
(The application was submitted June 28, 2018, therefore this rate applies and not the $4,240 rate
which became effective July 1.) From an SDC perspective, County staff finds the Type 3 Horne
Occupation makes the most sense when assessing an SDC due to the poor correlation between
the proposed use and the categories available in the ITE Trip Generation Manual. The Type 3
assumes one p.m. peak hour trip, therefore, the applicable SDC is $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.
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VII.CONDITIONS OF APPROVAL:
1. This approval is based upon the application, site plan, specifications, and supporting
documentation submitted by the applicant. Any substantial change in this approved use will
require review through a new land use application.
2. All farm products used in the commercial activity shall originate on the subject property, or
elsewhere in Deschutes County or an adjoining county. Farm products subject to this
requirement include any ingredients or components that are produced through "farm use,"
as defined in DCC 18.04.030.
3 All products produced on or marketed from the property as part of the commercial activity
shall include lavender or lavender -derived ingredients.
4. Up to 25 percent, by value, of the ingredients/components in the products produced by the
commercial activity may come from sources other than Deschutes County and adjoining
counties.
5. The commercial activity in conjunction with farm use is allowed only so long as lavender is
grown for-profit on the property and used in the commercial activity.
6. Prior to initiation of the commercial activity that is in conjunction with the lavender
farm use, the applicant shall apply for a Change of Use (building) permit to change the
occupancy of the retail building from agricultural to commercial. Compliance with the
requirements of the Deschutes County Building Safety Division shall include meeting all
building occupancy classification requirements of the State of Oregon adopted building code.
7. Regarding driveway access to Connarn Road, the applicant is subject to the following
requirements:
a. Prior to issuance of the building permit required for the retail building (Condition
No. 6), the applicant shall obtain a driveway access permit for the existing driveway access
to Connarn Road to change the use from residential and farm use to commercial use.
b. Prior to final occupancy of the building permit required for the retail building
(Condition No. 6), the applicant shall widen the driveway to 20 feet for a distance of 75
feet from Connarn Road into the property. The expanded driveway shall be gravel
surfaced and maintained for dust control.
8. Prior to final occupancy of the building permit required for the retail building
(Condition No. 6), the proposed parking and maneuvering areas shall be gravel surfaced
and maintained for dust control so they do not become a problem for neighboring
properties. This includes the proposed extension of the existing access road/driveway that
extends west approximately 115 feet from the end of the existing access to the proposed
247 -18 -000526 -CU and -000527-SP, Revised Page 42 of 44
parking area. This exception to allow gravel in the parking area does not apply to any ADA -
specific parking requirements.
9. Operation of the commercial activity, specifically the on-site retail sales and associated public
visits to the site, shall be limited to 9:00 a.m. to 5:00 p.m. These limits do not pertain to the
processing of lavender and the manufacture of lavender derived products nor do these limits
pertain to the residential or farm use of the property.
10. Amplified sound is prohibited in association with the commercial activity.
11. External changes to the dwelling, farm structures or any accessory structure in which the
commercial activity would be conducted that would give any building an outward
appearance of a business are prohibited.
12. All off-street parking lots shall be designed subject to County standards for stalls and aisles
as set forth DCC 18.116.030(G).
13. 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.
14. A walkway shall be established between the proposed parking area and the display/retail
building. Walkways shall be as direct as possible. The walkway shall be an accessible route
in compliance with ADA requirements, be at least five feet unobstructed width that is in
paved (concrete, asphalt, or similar hard surface). In addition, any other walkways that
border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing
and landscaping or other similar improvements are provided which prevent parked vehicles
from obstructing the walkway.
15. The proposed development and parking area must meet any applicable provisions of the
Americans with Disabilities Act.
16. All lighting on the subject property shall be required to comply with Chapter 15.10 of the
Deschutes County Code, the Outdoor Lighting Control Ordinance. All exterior lights shall be
sited and shielded so that no direct light projects off-site.
17. All landscaping shall be continuously maintained and kept alive and attractive. Provision
shall be made for watering planting areas where such care is required.
18. The commercial activity shall comply with all requirements of the Deschutes County Building
Safety Division and the Environmental Health Division and any other applicable state or
federal laws.
19. All signs shall be constructed in accordance with the provisions of DCC 15.08.
247 -18 -000526 -CU and -000527-5P, Revised Page 43 of 44
VII. DURATION OF APPROVAL:
The Applicant shall obtain all required permits and initiate the use within two (2) years following
the date this decision becomes final, or obtain an extension of time pursuant to Section
22.36.010 of the Deschutes 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: Cynthia Smidt, Associate Planner
Reviewed t 'Peter Gutowsky, Planning Manager
247 -18 -000526 -CU and -000527-5P, Revised Page 44 of 44
SES
ROAD DF-' RTF1ENT
April 4, 2019
Gordon Knight
Tumalo Lavender
19825 Connarn Road
Bend, OR 97703
Via email and US Mail
RE: Tumalo Lavender SDC — Director's Decision
Dear Mr. Knight,
Thank you for meeting with me on March 29, 2019 to discuss the SDC fee applied to your land use application noted as
247 -18 -000526 -CU and 247 -18 -000527 -SP.
The SDC was originally categorized as a Type III Home Occupation which assumes trip generation of 11-20 vehicle trips
per day added to the transportation system. After our conversation, and in review of the material supplied in your letter
dated March 29, 2019, I am inclined to consider this a Type II Home Occupation which estimates trip generation of up
to 10 trips added to the system resulting from the land use. As such, the SDC will be reduced from $3,937 to $1,968.
The primary reason for the reduction is the seasonal duration of the commercial use.
This email will serve as the Director's decision as defined by Section 4-D-3 of the County's SDC Resolution #2013-020.
Per Section 12 of the Resolution, you have 30 days to request a hearing before the Board of County Commissioners.
The request for hearing shall be filed with me and shall contain the following:
(1) The name and address of the applicant;
(2) The legal description of the property in question;
(3) If issued, the date the building permit or development permit was issued;
(4) A brief description of the nature of the development being undertaken pursuant to the building
permit or development permit;
(5) If paid, the date the system development charges were paid; and
61 150 SE 27th Street Bend, Oregon 97702
(541) 388-6581 road@deschutes.org www.deschutes.org
(6) A statement addressing the decision subject to review and the reasons why the applicant is
challenging the decision.
Upon receipt of such request, the County shall schedule a hearing before the Board of Commissioners at a regularly
scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the applicant
written notice of the time and place of the hearing. Such hearing shall be opened within forty-five (45) days of the date
the request for hearing was filed.
Such hearing shall be before the Board of Commissioners and shall be conducted in a manner designed to obtain all
information and evidence relevant to the requested hearing. Formal rules of civil procedures and evidence shall not be
applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity
to be heard and to present information and evidence.
Appeal of the decision of the Board shall be made to the Circuit Court of Deschutes County.
If you have any additional questions, please contact me at your convenience.
Yours Truly,
Chris Doty, PE
Road Department Director
Deschutes County Road Department
chris.dotv@deschutes.org
541.322.7105
cc: Peter Russell, DC Senior Transportation Planner
61 150 SE 27th Street Bend, Oregon 97702
(541) 388-6581 road@deschutes.org www.deschutes.org
Statement of Request for an Appeal of the SDC amount for Tumalo Lavender's land use applications
Applicant: Gordon Knight, Tumalo Lavender
Address: 19825 Connarn Road, Bend, 97703 Assessor's Map 16-12-19, tax lot S01
Planning Division File Numbers: 247 -18 -000526 -CU, 247 -18 -000527 -SP, which are: Conditional Use and
Site Plan Review applications for a commercial activity in conjunction with farm use. The application fees
for these applications were: CUP - $2,798.25 and SP - $3,259.50 for a total of $6,057.75
The applicant is requesting an appeal of the Road Department Director's written decision dated April 4,
2019. This appeal is to the Board of County Commissioners. The Director's decision reduced the SDC from
the original recommended amount of $3,937 to 1,968.
The Road Department Director's decision states the following on page 1:
"The SDC was originally categorized as Type 111 Home Occupation which assumes trip generation of 11-20
vehicle trips per day added to the transportation system. After our conversation, and in review of the
material supplied in your letter dated March 29, 2019, I am inclined to consider this a Type 11 Home
Occupation which estimates trip generation of up to 10 trips added to the system resulting from the land
use. As such, the SDC will be reduced from $3,937 to $1,968. The primary reason for the reduction is the
seasonal duration of the commercial use.
Board Resolution 2013-020 establishes the provisions for SDC's in the County. Specifically, Section 12 on
page 10 of this resolution allows an applicant to apply for an appeal of the SDC charge.
The applicant believes that the proposed SDC is not warranted based on the following:
• The lavender farm is primarily a farm use. The associated activities related to producing and
selling the lavender products on-site, occurs no more than 5 months out of the carendar year, and
most occurs no more than 4 months out of the calendar year. Most of the sales of products that
come from the site are taken off-site and sold at local Saturday Market or Festival type events
(80% of the product sales are done off-site). The public that comes to the site are there primarily
to experience and enjoy the farm setting.
• The amount of daily traffic at the subject property is minimal. The applicant has been doing the
subject activities, such as the distillation and sales of lavender products, since 2005, and has not
experienced any traffic -related issues, such as queuing/delay either on the property or on
Connarn Road, with no road conflicts. There is essentially no traffic in the winter months (October
through April) beyond the use from the owners, the medical hardship dwelling occupants, and
any part-time farm help that might occur.
k
• Connarn Road is a paved local street maintained by the County. It has the capacity to
accommodate much more traffic (up to 1,500 daily trips) than what currently exists. There will
likely be no need for any widening now or in the future. The Exclusive Farm Use and Multiple Use
Agricultural zoning in the surrounding area will prevent most of the properties in the area from
being partitioned. Which means there would be very few, if any, new parcels created. Only
existing vacant parcels would have the potential for any new dwellings, which would be the
primary cause of any increase in traffic in the area.
• The structure that requires the building permit, which triggers the SDC amount, is a small 502
square foot structure that was originally approved as an agricultural structure, with the County
approving it through the agricultural exemption provision. The County was aware that this
building would be used for storing and selling lavender products produced on the property when
it was constructed. The Building Division has recently inspected the structure through a Special
Inspection permit, which the applicant believes is not a full-blown building permit that warrants
any SDC charge. The applicant does not believe that this small structure and the minimal amount
of use that it gets, warrants charging the applicant almost $2,000 in an SDC charge. This extra
charge, along with the expensive CUP/SP application fees, and in addition to the conditions placed
upon the applicant for the very minor commercial activity, make the cost to the applicant of doing
business prohibitive.
V‘" 9
REV IEyt ED
"P's• � c„
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution to Modify the Transportation
System Development Charges Established by
Resolution No. 2008-059 for Properties Within
Unincorporated Deschutes County.
*
*
RESOLUTION NO. 2013-020
WHEREAS, the Deschutes County Board of County Commissioners ("Board") held a duly noticed
public hearing on June 5, 2013, to consider modifying the transportation system development charge ("SDC")
originally established by Resolution No. 2008-059 to help fund transportation projects that are necessary to
serve the existing and growth -related needs in the unincorporated areas of the county; and
WHEREAS, ORS 223.297 through 223.314 authorize governmental units to establish and modify
transportation system development charges; and
WHEREAS, system development charges are incurred upon the decision to develop property at a
specific use, density and/or intensity, and the incurred charge equals, or is less than, the actual cost of providing
public facilities commensurate with the needs of the chosen use, density and/or intensity; and
WHEREAS, system development charges are separate from and in addition to any applicable tax,
assessment, charge, fee in lieu of assessment, or other fee provided by law or imposed as a condition of
development; and
WHEREAS, system development charges are fees for services because they are based upon a
development's receipt of services considering the specific nature of the development; and
WHEREAS, system development charges are imposed on the activity of development, not on the land,
owner, or property, and, therefore, are not taxes on property or on a property owner as a direct consequence of
ownership of property within the meaning of Section 11, Article XI of the Oregon Constitution or the legislation
implementing that section; and
WHEREAS, revenues from the system development charges are to be used for capital improvements in
the unincorporated areas outside the cities of La Pine, Sisters, Redmond and Bend; and
WHEREAS, the methodology proposed by Deschutes County Road Department ("Department") staff,
identifies the uses of an "improvement fee" SDC, and a "reimbursement fee" SDC, and considers the
transportation capital improvement needs of the unincorporated county; and
WHEREAS, the methodology proposes applying the SDCs to future development of properties within
the unincorporated county and outside the cities of Sisters, La Pine, Redmond and Bend; and
WHEREAS, the Board determined that it is in the public interest to provide transportation capital
facilities through the use of general county revenues, SDCs, and matching funds from the State of Oregon; now,
therefore,
Page 1 of 11 — Resolution 2013-020 (06/05/13)
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. The Board in Resolution No. 2008-059 adopted the report, titled Transportation System
Development Charge Study prepared by FCS Group Inc. and DKS Associates, dated March 2008 (FCS Group
Report) which is hereby amended by a report titled "Transportation System Development Charge Update",
dated April, 2013, prepared by Deschutes County Road Department, attached as Exhibit "A" and incorporated
by reference (herein "Methodology" or "Methodology Report"). In the event of a conflict between the FCS
Report and Methodology Report, the latter shall control. The Board authorizes the assessment and collection of
transportation system development charges in the unincorporated areas of Deschutes County.
Section 2. The Board adopts the System Development Charge Project List, attached as Exhibit "B," and
incorporated by reference ("Capital Improvement Plan"). The Capital Improvement Plan hereby supersedes the
capital improvement plan which was adopted as part of Resolution No. 2008-059.
Section 3. DEFINITIONS.
(A) "Applicant" shall mean the owner or other person who applies for a building or development
permit in the unincorporated areas of Deschutes County outside the boundaries of the cities of La
Pine, Sisters, Redmond and Bend.
(B) "Building" shall mean any structure, built for the support, shelter or enclosure of persons, chattels
or property of any kind.
(C) "Building Permit" shall mean an official document or certificate authorizing the construction or
siting of any building.
(D) "Capital Improvement" shall mean a public facility or asset used for Transportation in the
unincorporated areas outside the urban growth boundaries of the cities of La Pine, Sisters,
Redmond and Bend.
(E) "Citizen or Other Interested Person" shall mean any person whose legal residence is within the
unincorporated areas of Deschutes County outside the urban growth boundaries of the cities of La
Pine, Sisters, Redmond and Bend, as evidenced by registration as a voter, or by other proof of
residency; or a person who owns, occupies, or otherwise has an interest in real property which is
located within the unincorporated area of Deschutes County outside the urban growth boundaries
of the cities of La Pine, Sisters Redmond and Bend.
(F) "County" shall mean Deschutes County, Oregon.
(G) "Department" shall mean the Deschutes County Road Department.
(H) "Development" shall mean a building or other land construction, or making a physical change in
the use of a structure or land, in a manner which increases the usage of any capital improvements
or which may contribute to the need for additional or enlarged capital improvements.
(I) "Development Permit" shall mean an official document or certificate, issued by Deschutes
County, other than a building permit, authorizing development.
"Encumbered" shall mean monies committed by contract or purchase order in a manner that
obligates the County to expend the encumbered amount upon delivery of goods, the rendering of
services, or the conveyance of real property provided by a vendor, supplier, contractor or Owner.
(K) "Improvement Fee" shall mean a fee for costs associated with capital improvements to be
constructed after the effective date of this resolution. Notwithstanding anything in this resolution
Page 2 of 11 — Resolution 2013-020 (06/05/13)
(J)
to the contrary, it is an incurred charge or cost based upon the use of or the availability for use of
the systems and capital improvements required to provide services and facilities necessary to meet
the routine obligations of the use and ownership of property, and to provide for the public health
and safety upon development.
(L) "Manufactured Housing" shall mean a dwelling unit constructed primarily off-site and transported
to another site for use. A unit located in a designated mobile home park shall be considered a
manufactured housing dwelling unit; otherwise a manufactured housing unit shall be considered a
single-family dwelling unit.
(M) "Multi -family housing" shall mean attached residential dwelling units.
(N) "Occupancy Permit" shall mean an official document or certificate authorizing the occupation or
use of any building or improvement authorized by a building permit.
(0) "Owner" shall mean the person holding legal title to the real property upon which development is
to occur.
(P) "Person" shall mean an individual, a corporation, including without limitation, limited liability
corporation, a partnership, an incorporated association, or any other similar entity,
(Q) "Qualified Public Improvement" shall mean a capital improvement that is:
(1) Required as a condition of development approval; and
(2) Identified in the capital improvement plan adopted pursuant to this resolution; and either:
(a) Not located on or contiguous to property that is the subject of development approval;
or
(b) Located in whole or in part on or contiguous to property that is the subject of
development approval and required to be built larger or with greater capacity than is
necessary for the particular development project to which the improvement fee is
related.
(R) "Reimbursement fee" means a fee for costs associated with capital improvements constructed or
under construction by the County on the effective date of this resolution.
(S) "Road Department Director" or "Director" shall mean the appointed Road Department Director of
Deschutes County, Oregon or the Director's designee.
(T) "Single-family housing" shall mean a detached residential dwelling unit located on an individual
lot.
(U) "System Development Charge" or "SDC" shall mean a reimbursement fee, an improvement fee,
or a combination thereof and an administrative recovery charge, assessed or collected at the time
of increased usage of a capital improvement or issuance of an occupancy permit. System
development charges are separate from and in addition to any applicable tax, assessment, fee in
lieu of assessment, or other fee or charge provided by law or imposed as a condition of
development.
(V) "System Development Charges Methodology" shall mean the methodology set forth in the FCS
Group Report as modified by the Methodology Report.
Section 4. APPLICABILITY.
Page 3 of 11 — Resolution 2013-020 (06/05/13)
(A) A Transportation System Development Charge is hereby assessed and imposed upon all new
development for which a building permit or a development permit is required and issued within
all unincorporated areas of the County outside the cities of La Pine, Sisters, Redmond and
Bend. From and after assessment, the transportation system development charge shall run with the
property, not with any structure attached to the property. Development shall mean and include
new construction, alteration, expansion or replacement of a building or dwelling unit. Non-
residential, farm -related buildings for growing and/or storing agricultural products to be used on
site, and that do not generate additional commercial traffic, are exempt.
1) All development subject to payment of the City of Bend Transportation SDC via the Water
and Sewer Agreement between the City of Bend and Cascade Highlands Limited
Partnership (recorded agreement #2005-73584) shall pay 50% of the Transportation SDC
for the specific use.
(B) Consideration of existing use.
1) If construction, alteration, expansion, replacement, or change -of -use results in an increase in
the calculated number of peak hour trips generated by the development or the property on
which the development is located, as compared to the pre -development number of
calculated peak hour trips, then a new Transportation SDC shall apply. The amount of the
system development charge to be paid shall be the difference between the calculated trips
generated from the proposed development and the calculated trips generated from the
property prior to the construction, alteration, expansion or replacement. If the change in use
results in a Transportation SDC for the proposed use which is less than the Transportation
SDC for the use being replaced, then no new or additional SDC shall be assessed and no
refund or credit shall be given.
2) If the previous development or prior use of the property, which was not subject to SDC
payment, has been abandoned for at least two consecutive years, as determined by the
Community Development Department under the County Code, then no consideration of
existing use shall occur and a new SDC assessment shall apply. However, if such
development or use was discontinued due to fire, natural disaster or required demolition on
account of public health and safety, then the two-year time period will be extended to 10
consecutive years.
3) Previously paid SDCs shall be credited to the property regardless of any period of
abandonment. The credit shall be based on the number of PM peak hour trips generated by
the development at the time of original SDC assessment.
(C) The Transportation System Development Charges (SDC's) shall be determined as follows:
(1) For those land -use categories which are specifically identified in the most recent edition of
the Institute of Traffic Engineers (ITE) Trip Generation Manual or the Methodology Report
adopted pursuant to this resolution, the SDC amount shall be determined as identified in the
Methodology Report, unless otherwise approved by the Director.
(2) For land -use categories for which no trip generation rate is included in the Methodology
Report (or ITE Trip Generation Manual), the Director shall use the land -use category
identified in the Methodology Report (or ITE Trip Generation Manual) that is most similar
to the subject land use category and apply the corresponding trip generation rate. The
Director may consider seasonal and/or cyclical variations to adjust the calculation of peak
hour trip rates. An applicant who disagrees with the Director's decision may appeal this
decision as outlined in Section 12 of this Resolution.
Page 4 of 11 — Resolution 2013-020 (06/05/13)
(D) Applicants may submit a request for an alternative trip generation rate and corresponding system
development charges for a development, subject to the following conditions:
(1)
In the event an applicant believes that the trip generation impact on County capital
improvements resulting from the development is less than the trip generation rates used to
establish the SDC fee established by this Resolution, the applicant may submit a calculation
for an alternative system development charge to the Director, but no later than the issuance
of a building permit.
(2) The alternative system development charges rate calculations shall be based on data,
information and assumptions contained in this Resolution and the Methodology or an
independent source, provided that the independent source is:
(3)
(a)
a study supported by a data base adequate for the conclusions contained in such
study;
(b) the study is performed using a generally accepted methodology and is based upon
generally accepted standard sources of information relating to facilities planning, cost
analysis and demographics;
The demonstrated number of peak hour trips is at least ten (10%) percent less than the
number of peak hour trips set forth in the Methodology Report or otherwise
calculated by the Director pursuant to subsection (B) of this Section; and
(d) the demonstrated number of peak hour trips shall be documented by a registered
traffic engineer or otherwise qualified professional engineer.
(c)
The Director shall issue a written decision within ten (10) working days from the date of
receipt of a complete application and shall notify the applicant by regular mail.
(4) If the Director determines that the data, information and assumptions utilized by the
applicant to calculate the alternative system development charges rates satisfy the
requirements of this subsection and have been timely submitted, the alternative system
development charges rates shall be paid in lieu of the rates set forth in or otherwise
determined by the Director under this Resolution.
If the Director determines that the data, information and assumptions utilized by the
applicant to calculate the alternative system development charges rates do not satisfy the
requirements of this subsection or have not been timely submitted, the Director shall deny
the application and apply the rates established by the Director.
(E) Subject to the provisions of this Resolution, the County hereby assesses and shall collect a
transportation system development charge ("SDC") on the following schedule:
(1) at the initial rate of $3,758 per PM peak hour trip, consisting of a $3,625 improvement fee,
a $86 reimbursement fee, and a $47 administrative recovery charge.
(F) For SDC's that have been assessed, but not yet been paid as of the effective date of this
Resolution, the property owner shall pay the lesser of the applicable SDC charge determined
under Resolution No. 2008-059 or this Resolution.
(5)
(G) Unless otherwise adjusted by order of the Board of County Commission, on each succeeding July
1 after 2014, the SDC, consisting of the improvement fee, the reimbursement, if any and the
administrative recovery charge shall be adjusted by the annual percentage increase or decrease in
the construction cost index, published in the immediately preceding January by the Engineering
Page 5 of 11 — Resolution 2013-020 (06/05/13)
News Record for the City of Seattle, Washington. The calculation shall use the immediately
preceding July 1 and the then -applicable rate per peak hour trip as the starting point.
Section 5. COLLECTION.
(A) The Transportation SDC's shall be collected and paid in full no later than the date of submittal of
an application for an occupancy permit. An applicant may elect to pay an SDC over a ten-year
period under the provisions of DCC 15.12.060.
(B) In cases where an occupancy permit is not required, the Transportation SDC shall be collected and
paid in full no later than the date on which the property is used in the manner approved by the
development permit. An applicant may elect to pay an SDC over a ten-year period under the
provisions of DCC 15.12.060.
(C) Notwithstanding the receipt of an occupancy permit or the use of the property pursuant to a
development permit without payment of the SDC, the SDC liability shall survive and be a
personal obligation of the permittee.
(D) Intentional failure to pay the SDC within sixty (60) days of the due date shall result in a penalty
equal to fifty percent (50%) of the SDC. Interest shall accrue on and after 60 days after the due
date at the rate of nine (9%) percent per annum.
(E) In addition to an action at law and any statutory rights, the County may:
(1)
(2)
(3)
Refuse to issue a Certificate of Occupancy;
Refuse to issue any permits of any kind to the delinquent permittee for any development;
Condition any development approval of the delinquent permittee on payment in full,
including penalties and interest;
(4) If the property becomes occupied prior to issuance of a Certificate of Occupancy, initiate
code enforcement proceedings;
For purposes of this section, delinquent permittee shall include any person controlling a
delinquent corporate permittee and, conversely, any corporation controlled by a delinquent
individual permittee.
Section 7. CREDITS FOR DEVELOPER CONTRIBUTIONS OF QUALIFIED PUBLIC
IMPROVEMENTS.
(5)
(A) The County may grant a credit against the improvement fee portion, if any, of system
development charges imposed pursuant to this Resolution for the construction of any qualified
public improvement.
(B) Prior to issuance of a development permit, the applicant shall submit to the County a proposed
plan and estimate of cost for the applicant to construct one or more qualified public
improvements. The proposed plan and estimate shall include:
(1)
(2)
(3)
a designation of the development project for which the proposed plan is being submitted;
a legal description of any land proposed to be donated, if any, and documentation as to the
seller and purchase price;
a list of the contemplated capital improvements contained within the development plan;
Page 6 of 11 — Resolution 2013-020 (06/05/13)
(4) an estimate of construction costs for the contemplated capital improvements certified by a
professional architect or engineer; and
(5) a proposed time schedule for completion of the proposed capital improvements.
(C) The credit provided for construction of a qualified public improvement shall be only for the cost
of that portion of such improvement that exceeds the minimum standard facility size and must be
designed and constructed to provide additional capacity to meet projected future transportation
needs. Projected future transportation needs shall be determined by reference to the Deschutes
County Transportation System Plan. Improvements that address capacity deficiencies existing at
the time of development are not, eligible. In the case of improvements addressing both capacity
deficiencies and adding future capacity, only that portion providing future capacity is eligible.
The applicant shall have the burden of demonstrating that a particular improvement qualifies for
credit.
(D)
The Director is authorized to determine that the timing, location, design and scope of proposed
improvement are consistent with and furthers the objectives of the County's capital improvements
program and either:
(1) the improvement is required to fulfill a condition of development approval; or
(2) the improvement is within the impact area of the development. For purposes of this section,
impact area is that geographic area determined by the Director in which the estimated peak
hour traffic to be generated by the development exceeds ten (10%) percent of the existing
average peak hour traffic. Existing traffic volumes shall be those observed and measured
within six months prior to filing the development application, adjusted for daily and
seasonal traffic variations using factors provided by the Director.
(E) Credit eligibility shall be determined by the Director. In addition to meeting the standards of this
section, the following shall control:
(1) No credits shall be issued for design or construction costs associated with landscaping,
street lighting, storm sewers, sidewalks, and erosion control; or sound walls, berms or other
such mitigation devices.
(2) Road right-of-way required to be dedicated pursuant to the applicable comprehensive plan
or development condition is not creditable. The reasonable market value of land purchased
by the applicant from a third party that is necessary to complete a required off-site
improvement is creditable. The Director may require an applicant at the applicant's expense
to furnish an appraisal to determine the market value of such property.
No credit shall granted for utility relocation except for that portion which otherwise
would have been the legal obligation of the County pursuant to a tariff, easement or similar
relationship if the project had been undertaken by the County.
(4) No credit shall be granted for minor realignments not designated on the comprehensive
plan.
No more than 13.5 percent of the total eligible construction cost shall be creditable for
survey, engineering, inspection and permit fees.
(F) All requests for credit vouchers must be in writing and filed with the Director not more than 90
days after County acceptance of the improvement. Improvement acceptance shall be in
accordance with the County's policies, practices, procedures and standards. The amount of any
(3)
(5)
Page 7 of 11 — Resolution 2013-020 (06/05/13)
(G)
credit shall be determined by the Director and based upon the subject improvement construction
contract documents, or other relevant information, provided by the applicant for the credit. Upon a
finding by the Director that the contract amounts exceed prevailing market rates for a similar
project, the credit shall be based upon market rates. The Director shall provide the applicant with
a credit voucher, on a form provided by the Department. The original of the credit voucher shall
be retained by the Department. The credit voucher shall state a dollar amount that may be applied
only against the SDC otherwise imposed by the County against the subject property. In no event
shall a subject property be entitled to redeem credit vouchers in excess of the SDC imposed.
Under no circumstances will the County be required to pay an applicant in cash, as consideration
for the improvement. This paragraph applies only to issuance of credit vouchers and does not
extend the deadline for credit redemption or otherwise modify the credit redemption deadline.
Credits shall be apportioned against the property which was the subject of the application to
construct an improvement eligible for credit. Unless otherwise requested, apportionment against
lots or parcels constituting the property shall be proportionate to anticipated average peak hour
trips generated by the respective lots or parcels. Upon written application to the Director,
however, credits shall be reapportioned from any lot or parcel to any other lot or parcel within the
confines of the property originally eligible for the credit. Reapportionment shall be noted on the
original credit voucher retained by the Department.
(H) Any credits issued pursuant to this Resolution are assignable, however, they shall apply only to
that property subject to the original condition for land use approval upon which the credit is based
or any partitioned or subdivided parcels or lots of such property to which the credit has been
apportioned. Credits shall only apply against SDC's, are limited to the amount of the
improvement fee attributable to the development of the specific lot or parcel for which the credit
is sought, and shall not be a basis for any refund.
(I) Any credit must be redeemed not later than the issuance of the occupancy permit. The applicant is
responsible for presentation of any credit prior to issuance of the occupancy permit. Under no
circumstances shall any credit redemption be considered after issuance of an occupancy permit.
(J)
Credit vouchers shall expire on the date ten (10) years after the acceptance of the applicable
improvement by the county. No extension of this deadline shall be granted.
Section 8. FUND ESTABLISHED. The County hereby establishes a fund to be designated as the
"Countywide Transportation SDC Improvement Fee Fund," (herein Transportation SDC Fund or the Fund).
(A) All SDC payments shall be deposited into the Transportation SDC Fund immediately upon
receipt.
(B) The monies deposited into the Fund designated as the "Countywide Transportation SDC
Improvement Fee Fund," including interest on the Fund, shall be maintained separate and apart
from all other accounts of the County and shall be used solely for the purpose of providing the
capital improvements that provide for the increased capacity necessitated by new development,
including but not limited to:
(1) Design and construction plan preparation;
(2) Permitting and fees;
(3) Property acquisition, including any costs of acquisition, relocation or condemnation;
(4) Construction of capital improvements;
Page 8 of 11 — Resolution 2013-020 (06/05/13)
(5) Design and construction of storm and surface water drainage facilities associated with the
construction of capital improvements and structures;
(6) Relocating utilities associated with the construction of improvements and structures;
(7) Landscaping within the right of way or upon property disturbed by the construction of
capital improvements;
(8) Capital construction management and inspection;
(9) Surveying, soils and material testing;
(10) Acquisition of capital equipment used on association with capital construction or road
maintenance or both;
(11) Repayment of monies transferred to or borrowed from any budgetary fund of the County,
including interest, which were used to fund any of the capital improvements as herein
provided;
(12) Payment of principal and interest, necessary reserves and costs of issuance under any bonds
or other indebtedness issued by the County to fund capital improvements;
(13) Direct costs of complying with the provisions of ORS 223.297 to 223.314, including the
consulting, legal, and administrative costs required for developing and updating the SDC,
the methodology, resolution, and capital improvements master plan; administration of credit
applications and apportionment; and the costs of collecting SDC's and accounting for SDC
receipts and expenditures.
Section 9. INVESTMENT OF TRANSPORTATION SDC FUND REVENUE.
(A) Any funds on deposit in Transportation SDC Fund that is not immediately necessary for
expenditure shall be invested by the County.
(B) All income derived from such investments shall be deposited in the appropriate SDC trust fund
and used as provided herein.
Section 10. ANNUAL ACCOUNTING REPORTS. The Director shall prepare an annual report
accounting for SDC funds received, including the total amount of SDC improvement fee revenue collected in
each fund, and expenditures.
Section 11. CHALLENGE OF EXPENDITURES.
(A) Any citizen or other interested person may challenge an expenditure of SDC revenues.
(B) Such challenge shall be submitted, in writing on a form approved by the County, to the
Department for review within two (2) years following the subject• expenditure, and shall include
the following information:
(1) The name and address of the citizen or other interested person challenging the expenditure;
(2) The amount of expenditure, the project, payee or purpose, and the approximate date on
which it was made; and
(3) The reason why the expenditure is being challenged.
Page 9 of 11 — Resolution 2013-020 (06/05/13)
(C) If the Director determines that the expenditure was not made in accordance with the provisions of
this resolution and other relevant laws, a reimbursement of SDC fund revenues from other funds
shall be made within one (1) year following the determination that the expenditure was not
appropriate.
(D) The County shall make written notification of the results of the expenditure review to the citizen
or other interested person who requested the review within ten (10) days of completion of the
review.
Section 12. APPEALS AND REVIEW HEARINGS.
(A) An applicant who is required to pay system development charges shall have the right to request a
hearing to review a decision only in the following matters:
(1) A land -use category and/or seasonal/cyclical variations used by the Director to determine
the SDC amount pursuant to Section 4.
(2) An alternative rate calculation pursuant to subsection (C) of Section 4.
(3) A proposed credit for contribution of qualified public improvements pursuant to Section 7.
(13) Such hearing shall be requested by the applicant within thirty (30) days of the date of first receipt
of the Director's decision. Failure to request a hearing within the time provided shall be deemed a
waiver of such right,
(C) The request for hearing shall be filed with the Director and shall contain the following:
(1) The name and address of the applicant;
(2) The legal description of the property in question;
(3) If issued, the date the building permit or development permit was issued;
(4) A brief description of the nature of the development being undertaken pursuant to the
building permit or development permit;
(5) If paid, the date the system development charges were paid; and
(6) A statement addressing the decision subject to review set forth in subsection (A) of this
section and the reasons why the applicant is challenging the decision.
(D) Upon receipt of such request, the County shall schedule a hearing before the Board of
Commissioners at a regularly scheduled meeting or a special meeting called for the purpose of
conducting the hearing and shall provide the applicant written notice of the time and place of the
hearing. Such hearing shall be opened within forty-five (45) days of the date the request for
hearing was filed.
(E) Such hearing shall be before the Board of Commissioners and shall be conducted in a manner
designed to obtain all information and evidence relevant to the requested hearing. Formal rules of
civil procedures and evidence shall not be applicable; however, the hearing shall be conducted in
a fair and impartial manner with each party having an opportunity to be heard and to present
information and evidence,
(F) Appeal of the decision of the Board shall be made to the Circuit Court of Deschutes County.
Page 10 of 11 — Resolution 2013-020 (06/05/13)
Section 13. FULL FORCE AND EFFECT. If any clause, section or provision of this resolution shall be
declared unconstitutional or invalid, the remaining portions of said resolution shall be in full force and effect and
be valid as if such invalid .portion had not been adopted. Nothing contained herein shall be construed as
invalidating any assessment or collection of system development charges pursuant to Resolution No. 2008-059,
nor any project funded in wholeor in part with funds collected thereunder. In addition, all funds assessed and
collected pursuant to Resolution No. 2008-059, which have not been committed, shall be treated in the same
manner as funds received pursuant to Section 8 of this Resolution.
Section 14. EFFECTIVE. This resolution is effective immediately upon adoption by the Board of
County Commissioners. The SDC established by Resolution No. 2008-059 shall first apply to building permits
for which a building permit application is accepted by the County as complete on and after October 1, 2008. The
SDC established by Resolution No. 2013-020 shall first apply to building permits or development approvals for
which a building permit or development application was accepted by the County as complete on and after the
effective date of this resolution.
DATED this / t/ day of
ATTEST:
Recording Secretary
Page 11 of 11 - Resolution 2013-020 (06/05/13)
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
TAMMY BANEY, Vice Chair
ANTHONY DEBONE, Comn 'ssioner
STAFF MEMORANDUM
TO: Board of County Commissioners
FROM: Peter Russell, Senior Transportation Planner
DATE: May 9, 2019
WORK SESSION: May 21, 2019
RE:
Appeal of Road Department Director's decision regarding the system
development charge (SDC) for lavender oil processing (File 247-18-000526-
CU/527-SP)
The Board of County Commissioners (Board) will hold a hearing on May 20, 2019, at 1 p.m. to hear
an appeal by Gordon Knight of a $1,968 transportation SDC for processing lavender oil. The
processing was approved under File 247-18-000526-CU/527-SP at 19825 Connarn Road, aka 16-12-
19, Tax Lot 501. The land use approval established a commercial activity in conjunction with a farm
use.
I. Summary
The applicant, Gordon Knight, submitted the land use application in response to a code
enforcement case (File 247 -18 -0000072 -CE). The application proposed using the lavender grown
on-site and processing the lavender, floral water, oil, and buds into other products such as soaps,
lotions, lip balm, etc. The applicant would then store the products as well as conduct on-site retail
sales. The processing would occur in approximately 480 square feet of an existing garage of roughly
1,200 square feet. The retail display and sales would occur in a separate building of approximately
504 square feet.
Staff provided the following July 27, 2018, comment regarding the SDC:
Board Resolution 2013-020 sets a transportation system development charge (SDC)
rate of $3,937 per p.m. peak hour trip. (The application was submitted June 28, 2018,
therefore this rate applies and not the $4,240 rate which became effective July
1.) From an SDC perspective, staff finds the Type 3 Home Occupation makes the most
sense when assessing an SDC due to the poor correlation between the proposed use
and the categories available in the ITE Trip Generation Manual. The Type 3 assumes
one p.m. peak hour trip, therefore, the applicable SDC is $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 County issued the decision approving File 247-18-000526-CU/527-SP on March 27, 2019. Mr.
Knight met with staff, protesting his $3,937 SDC and staff advised him of the SDC appeal process.
The $3,937 is the rate for one p.m. peak hour trip. Mr. Knight met with Chris Doty, Road Department
Director, on March 29, 2019, to discuss the SDC. As the attached April 4, 2019, letter indicates, Road
Department Director Doty reduced the SDC from $3,937 to $1,968 or 50%, due to the seasonal
nature of the business.
Mr. Knight disputed the reduced SDC and in the attached April 11, 2019, letter sought an appeal to
the Board.
All of the aforementioned dates comply with the time requirements of Board Resolution 2013-020,
Section 12 (Appeals).
II. Rationale for SDC
The previous use of the property was a single-family home, which according to the most recent
edition of the Institute of Traffic Engineers (ITE) Trip Generation Manual, produces 10 weekday trips,
including one p.m. peak hour trip. The approved land use, which is a commercial use with an
industrial component, will generate more trips. As the applicant has stated in his burden of proof,
the general public will now come on-site with operating hours of Monday through Saturday from 9
a.m. to 5 p.m. Besides the general public, the site will generate traffic related to deliveries to the
site and shipment of products. While the applicant may feel the amount of traffic will be minimal,
a commercial activity in conjunction with a farm use will generate more trips than a single-family
home. Additionally, the residential use of the property will continue.
The County collects SDCs to fund road improvement projects throughout the County -maintained
system of roads. While Connarn Road itself may be adequate, the traffic travels to/from Connarn
via other arterials and collectors and their intersections. Those facilities which lead traffic to/from
Connarn benefit from the SDCs collected from properties whose approved land uses intensify the
use of the property, resulting in increased traffic volumes.
III. Recommendation
Staff recommends the Board uphold Road Department Director's decision to assess the $1,968 SDC.
Attachment: File 247-18-000526-CU/527-SP
Road Department Director's decision letter, dated April 4, 2019
Gordon Knight letter dated April 11, 2019, appealing the Road Department
Director's decision
BOCC Resolution 2013-020
Page 2 of 2
RESOLUTION NO.
A RESOLUTION URGING THE OREGON LEGISLATURE
TO ENACT PUBLIC EMPLOYEE RETIREMENT SYSTEM (PERS) REFORMS THAT REDUCE PENSION COSTS FOR PUBLIC
EMPLOYERS, AND APPROVING [LOCAL JURISDICTION] MEMBERSHIP IN
PERS SOLUTIONS FOR PUBLIC SERVICES COALITION
WHEREAS, Oregon public employers, including [local jurisdiction], are facing an unfunded actuarial liability (UAL)
in the Oregon Public Employee Retirement System (PERS) pension program of more than $26 billion, and
employer payroll costs have risen from 12% of payroll in 2010 to 19% in 2020 and are expected to rise to more
than 30% of payroll by 2025 if the legislature fails to address reforms to the PERS pension program that will
reduce system's claims on public budgets and public services; and
WHEREAS, taxpayer annual costs are also rising, from about $600 per Oregon household in 2010 to more than
twice that amount currently — more $1,500 per household this year and climbing to more than $2,200 per year by
2023; and
WHEREAS, legal and fair options for reforming PERS pensions, including those outlined by the PERS Solutions for
Public Services coalition, would provide a path for lowering present and future PERS costs for public employers
and taxpayers across the state; and
WHEREAS, [local jurisdiction] will benefit from participating with other public employers across the state as part
of the PERS Solutions for Public Services coalition which is advocating for significant PERS pension reforms at the
Oregon legislature.
NOW, THEREFORE, [LOCAL JURISDICTION] RESOLVES AS FOLLOWS:
Section 1. We believe that, while every public employer in Oregon is bearing the burden of the PERS UAL in
rapidly rising payroll costs, only the state legislature has the authority to reform PERS pensions to reduce the
system's costs to public employers; and
Section 2. We believe the principles outlined by PERS Solutions for Public Services meet the objectives of [local
jurisdiction] a bipartisan effort to find solutions that are fair for taxpayers, public employers and public employees
alike; and
Section 3. We believe that [local jurisdiction], its employees and its citizens will benefit from PERS pension
reforms, and relieving the PERS pension burden on [local jurisdiction] budgets will allow [local jurisdiction] to
invest in improved public services for our community, and that reforms should be done on a system -wide basis, so
that all jurisdictions and the services they provide share in the relief; and
Section 4. We believe the Oregon legislature has a responsibility to take steps necessary to reduce the PERS claim
on public services; such as police and fire, public health, higher education, child welfare, college tuition, and
senior services; and furthermore that all public employers, not solely K-12 education, be included in reforms.
Section 5. We believe that our participation as a member of the PERS Solutions for Public Services coalition,
including our endorsement of its principles to PERS reform, will benefit [local jurisdiction] and other public
employers around the state.
Section 6. This resolution is effective immediately upon its adoption.
Signature
Title Date
Tom Anderson
From: Tom Anderson
Sent: Tuesday, May 21, 2019 1:26 PM
Subject: FW: PERS Update - Mary 21, 2019 - SB 1049 Reported out of Subcommittee
Commissioners - FYI
From: Wayne Lowry <Wayne.Lowry@deschutes.org>
Sent: Tuesday, May 21, 2019 10:40 AM
To: Tom Anderson <Tom.Anderson@deschutes.org>; Erik Kropp <Erik.Kropp@deschutes.org>
Cc: Judith Ure <Judith.Ure@deschutes.org>
Subject: FW: PERS Update - Mary 21, 2019 - SB 1049 Reported out of Subcommittee
Here is some up to date info on amendments to SB1049 regarding the PERS changes
Wayne Lowry, CPA
Finance Director/Treasurer, Deschutes County
1300 NW Wall Street, Suite 200, Bend, Oregon 97703
Phone 541-388-6559, Fax 541-749-2909, Cell 541-788-0093
E -Mail: wayne.lowry@deschutes.org
From: Samuels, Carol <Carol.E.Samuels@pjc.com>
Sent: Tuesday, May 21, 2019 10:14 AM
To: Samuels, Carol <Carol.E.Samuels@plc.com>
Subject: PERS Update - Mary 21, 2019 - SB 1049 Reported out of Subcommittee
[EXTERNAL EMAIL]
Folks —
Quick action this morning by the Ways and Means Subcommittee on Capital Construction to report an amended SB 1049
to the full Ways and Means Committee with a 'do pass' recommendation. The full Committee is scheduled to meet
today at noon, and passage is expected.
Meeting materials can be found here: https://olis.leg.state.or.us/liz/2019R1/Committees/JWMCC/2019-05-21-09-
00/MeetingMaterials. The Committee adopted the -8 amendments and rejected the -5 amendments. Pay particular
attention to the attachment labelled 'Budget Report' as it has a full summary of the contents of the bill.
Key changes from earlier versions include adding an appropriation of $100 million from the General Fund, as well as the
transfer of dollars generated from sports betting games into the Employer Incentive Fund for purposes of providing 25%
matches to local government who make side account deposits. The revenue impact from the sports betting transfer is
indeterminate, as sports betting games have yet -to -be formally approved or implemented by the Lottery Commission The
-8s also deleted the change to the annuitization rate for Money Match retirees. The provisions related to the re -
amortization of the UAL have not changed, however additional detail is provided in the budget summary: "The re -
amortization of the Tier 1/Tier 2 Unfunded Accrued Liability from 20 -years to 22 -years is expected, under current
actuarial assumptions, to extend the retirement of the UAL by approximately 10 -years from 2035 to 2045."
All other provisions remain the same as the -2 amendments considered earlier.
The write up from LFO provides a good summary:
" The measure changes the amortization period for select liabilities, modifies benefits, broadens retired workers
ability to return to work, provides for unamortized lump sum side account deposits, provides Individual Account
member choice in selecting investment options, provides for enhanced review of local government Pension
Obligation Bond issuances, and requires the PERS Board to report to the Legislature on changes to actuarial methods
and assumptions. The measure makes technical changes to SB 1566 (2018). The measure provides for an expedited
review by the Supreme Court. The measure includes a $100 million Genera! Fund appropriation and expenditure
limitation and directs the transfer of Lottery Funds from sports betting games to be used as state matching funds for
employer contributions into new or existing side accounts. The measure has an emergency clause and is effective on
passage; however, the measure includes various operative and sunset dates."
Impact
Here's the impact described in the Budget Summary:
"On a system wide basis, 2021-23 biennium employer net rates were scheduled to increase trom 18.31% to 24.07%, or an
increase of 5.76% of PERS-eligible payroll. The combined savings from this measure, summarized in the below table,
reduce the system -wide increase by 4.63%. The associated system -wide employer contribution dollar savings is estimated
to be between $1 to $1.8 billion a biennium beginning with the 2021-23 biennium through the 2033-35 biennium for state
agencies, universities, judges, school districts, and participating cities, counties, and special districts. A similar percentage
of payroll is expected to be saved in future biennia. This estimate, however, will vary substantially between employers
based on individual employer actuarial calculated rates and due to variances between actuarial projections and actual
experience."
System -wide Average Employer Contribution Rate
Re -amortization Tre.r1/Tier 2 UA.. (22 years)
Re -directed employee contributions
Retiree Work After Retirement
anal Average Salary 5195,000 lisnitatiorn
ate collaring
Total
I! man actuarial analysis dated May 9th, 2019.
Operative Date
9
The measure makes no changes to 2019-21 employer rates.
Cheers!
Carol
Carol Samuels
Managing Director 1 Public Finance
Piper Jaffray & Co.
1300 SW Fifth, #3650 1 Portland, OR 97201
2
Actuarial Valuation
ads January 1, 2O2O]__,,...
July 1, 2020
January 1, 2020
epea!s January 1, 2025]
January 1, 2020
2019 Actuarial Valuation
2021-23
Biennium*
-3.90cA
-0,80%
+0.50%
4.63911