The URL can be used to link to this page

2019-346-Minutes for Meeting May 22,2019 Recorded 7/31/20190-c ES BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal CJ2019-346 07/31/2019 2:40:28 PM 111111111 III 11111111111 IIU 111 FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 10:00 AM WEDNESDAY, May 22, 2019 BARNES & SAWYER ROOMS Present were Commissioners Phil Henderson, Patti Adair, and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Laura Skundrick, Board Administrative Assistant. Several citizens and one identified representative of the media were in attendance. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.iqm2.com/Citizens/Default.aspx CALL TO ORDER: Chair Henderson called the meeting to order at 10:01 am PLEDGE OF ALLEGIANCE: CITIZEN INPUT: • Janelle Rebick, a grade school teacher in Bend, asks the Board to vote no on the proposed PERS Solutions Resolution. She stated that teachers do their work in order to support students and not for the money, but were promised a certain retirement package, to which cuts are now proposed. Additionally, the current shortage of teachers will only worsen with more benefit reductions. BOCC MEETING MAY 22, 2019 PAGE 1 OF 11 • Christine Morgan, employee of Service Employees International Union (SEIU) and represents DHS workers, asks that Commissioners remember the workers in the County, who are essential parts of the programs they help run. She stated the PERS Solutions Group, as well as other groups, propose ideas that fund the programs but not the workers. The workers count on their PERS retirement as an essential piece of their compensation package. The Commissioners thanked Ms. Rebick and Ms. Morgan for speaking today. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried Consent Agenda Items: 1. Consideration of Board Signature of Purchase Agreement, Document No. 2019-207 and Acceptance of Dedication Deed, Document No. 2019-208 from Redmond Fire and Rescue for Right of Way for the Six Corners Intersection Improvement Project 2. Consideration of Letters Appointing Scott Reich and Stan Turel to the Deschutes County Audit Committee 3. Approval of Legislative Conference Call Minutes of April 2, 2019 4. Approval of Legislative Conference Call Minutes of April 16, 2019 5. Approval of Legislative Conference Call Minutes of April 30, 2019 BOCC MEETING MAY 22, 2019 PAGE 2 OF 11 ACTION ITEMS: 6. PRESENTATION: Upper Deschutes Watershed Council Kris Knight, new director for Upper Deschutes Watershed Council (UDWC), and Kolleen Miller, UDWC Education Director, provided an annual update of work done by the UDWC in a powerpoint presentation. Chair Henderson inquired how the youth program chooses children, and Ms. Miller explained that their grants focus on underserved schools, so work is done mostly with La Pine and South County schools, where students may not have these opportunities. The program focuses on getting kids out to rivers and streams so they learn to care about them. Chair Henderson stated that even children in Bend may not get that exposure. Chair Henderson inquired how UDWC is funded, Ms. Miller explained that OWEB is funded from lottery dollars, then UDWC applies for grants on a competitive basis. Bill Anthony, UDWC Board member, spoke to the change he has seen over the years for watershed knowledge, stewardship and interest in taking care of the watershed. The UDWC played significant role in that. Rick Wright, UDWC Board president for 11 years, summarized the overall collaborative representation on their Board, which includes backgrounds in agricultural, recreational, environmental science, governmental interests, and others. The UDWC has been vital in projects such as river clean up at Old Mill; Whychus Creek placing trees for habitat, the group is doing amazing things. He thanked the Commissioners for their support. 7. Consideration of Signature of a Letter of Support for Planning Division to Apply for a Transportation Growth Management Grant to Update Transportation System Plan Peter Russell, Senior Planner, presented a powerpoint overviewing the background of the Transportation System Plan, including major topics and possible funding. He explained the process of developing the document and how it is part of the comprehensive plan. BOCC MEETING MAY 22, 2019 PAGE 3 OF 11 Chair Henderson inquired and Mr. Russell confirmed that the TSP will outline incremental improvements but also big picture planning, as well as include information about projects that ODOT is planning. Chair Henderson inquired about Federal planning, and Mr. Russell stated FHWA planning is done at the state planning level, where state land use is taken into account. Chair Henderson inquired whether Deschutes County can impact state planning, and Mr. Russell replied that STIP will allow for public comments. The Board can provide comments for projects within this jurisdiction. All commissioners are supportive of the proposed letter. DEBONE: Move approval of letter of support. ADAIR: Second. VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried Chair Henderson requested that the Commissioners be updated as the process moves along, including the state process. Mr. Russell confirmed he will return with updates throughout the process. 8. PUBLIC HEARING: Appeal of a System Development Charge for Tumalo Lavender, Consideration of Board Signature of Order No. 2019-015 Mr. Russell provided background on the appeal of System Development Charges (SDCs) for Tumalo Lavendar, and introduced applicant Gordon Knight. Mr. Russell provided a handout summarizing similar properties and the corresponding SDCs. Chair Henderson mentioned several requests for public (third -party) testimony regarding this item. Legal Counsel Dave Doyle stated that this type of hearing (challenging SDCs) is different than a land use proceeding and that the BOCC is not required to allow public (third -party) testimony but may choose to do so. Commissioners agreed to hear public testimony after appellant statement. Mr. Knight provided background of the property purchase and his intentions BOCC MEETING MAY 22, 2019 PAGE 4 OF 11 for the property. He stated that he worked with the county and was told MUA-10 zone is not as restrictive as others and allows many uses. He established a lavender field, then applied for and was issued a building permit. Mr. Knight stated he was then "blindsided" when he received a letter stating he was out of compliance and the distilling of lavender oil could be shut down. Chair Henderson inquired whether the farm sells products at this location, Mr. Knight replied yes, but majority of sales are made at farmers markets. Chair Henderson inquired about the type of land use, and Mr. Russell confirmed the land is commercial use in conjunction with farm activity and has been approved for that use. Nick Lelack, CDD Director, stated that he has been involved during each step of this process and respectfully disagrees with some statements made. CDD has worked with Mr. Knight to ensure the business has been appropriately and legally established. Chair Henderson provided time for public testimony. • Nunzie Gould stated there is a cost associated with doing business. Paying the appropriate fees to make roads safe for that development and growth are part of doing business.. • Dave Arnold, neighbor to the Knights, stated that if the County requires fees be collected, they should collect them. Chair Henderson asked Mr. Knight for closing comments and he had none. The Commissioners agreed the fees are fair and are appropriate for this property, and will uphold the SDC as staff has recommended. DEBONE: Moves to approve 2019-015, denying the Tumalo Lavendar appeal of SDCs ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried BOCC MEETING MAY 22, 2019 PAGE 5 OF 11 LUNCH RECESS: The Board went into Recess at 12:00 p.m. and the meeting was reconvened at 2:00 p.m. 9. DISCUSSION: Stabilization Center Chair Henderson stated he had previously provided the Commissioners with his observations from his visits to other stabilization centers in Oregon. One question brought up was the difference between short-term and long-term stays, and difference in space needed. Dr. Conway replied that becoming a 24-hour facility requires substantial licensure in terms of staffing and equipment, and is not within current capabilities. Ms. Harris added that the long-term need is already being met by several groups in the community, but the gap has been identified for the short-term spaces where someone can calm down and sort out the next steps. Chair Henderson stated he wants this plan to work for longer than just 2-5 years. Commissioner DeBone stated he is ready to move forward, and is looking at the redevelopment of the public safety campus and having this location for people instead of going to the hospital or jail. County Administrator Anderson noted the remodel of the campus and the addition of the stabilization center are all intended to address the long-term needs. This is the first step in the plan, with more decisions to be made in the future. Chair Henderson stated that he has seen stabilization centers located closer to hospitals rather than public safety campuses. Ms. Harris replied her experience was that locations varied based on the community and circumstances. Deschutes County has a strong relationship with law enforcement and that will continue to strengthen with this center. A lot of work will be done up front to help them understand who the center will serve, with regular trainings and classes provided. Commissioner Adair inquired about the requirements to staff a 24/7 facility, and Dr. Conway replied it requires covering 4.5 shifts. Chair Henderson suggested staffing would not require maximum levels at all times and Ms. Harris replied that retaining on-call employees has been a challenge. Chair Henderson inquired about transport to the facility, and Ms. Harris confirmed they can look into secure transport options and cost associated, BOCC MEETING MAY 22, 2019 PAGE 6 OF 11 but the hope is that law enforcement officers will bring in most patients and the need for transport would be rare. Chair Henderson asked about marketing for the facility. Ms. Harris replied they would engage media outlets and provide outreach at hospitals. Dr. Conway added it would be presented to various committees, associations and councils within the community, and Commissioner DeBone noted that law enforcement will be very aware. Commissioner Adair suggested connecting with George Myers of the Homeless Coalition, and stated that many who need help are afraid of consequences, so they can't be reached. Dr. Conway confirmed Health Services has staff involved in helping homeless and developing housing by working with other agencies through partnership. Chair Henderson reviewed the proposed facility layout, inquired about space usage and how each area would be utilized. Commissioner Adair inquired about the number of and size of bathrooms, and Mr. Randall replied the bathrooms meet minimum requirements for number of employees and square footage. Chair Henderson mentioned during his various facility tours, he heard that intake rooms should have two doors, and Ms. Harris stated they are open to it but have not fully researched that need. Chair Henderson and Commissioner Adair suggested reducing the size of the bathrooms in order to increase the size of intake rooms, and Mr. Randall stated the bathrooms are currently minimum size. Chair Henderson suggested the need for a larger, family -sized room and the group discussed options of using conference rooms and the drop-in office for that purpose, if needed. Chair Henderson inquired about funding and Dr. Conway clarified that $500,000 will come from WEBCO legacy funds as capital, $500,000 will be from PacificSource, and $350,000 for fittings will be from CCBHC grant funds. The project is within funding parameters. Commissioner Adair inquired about the building timeline, and Mr. Randall replied that five months have been budgeted for remodel and construction, within the remaining overall project schedule of nine months, a fairly aggressive timeline. The Commissioners support moving forward in the most expeditious way possible. BOCC MEETING MAY 22, 2019 PAGE 7 OF 11 RECESS: At the time of 3:42pm, the Board recessed and reconvened at 3:55pm. OTHER ITEMS: • Judith Ure, Management Analyst, provided more information regarding PERS SB 1049. Ms. Ure provided a handout which explains the current version of the bill and amendments. Commissioners discussed the PERS Solutions proposed resolution, Resolution 2019-022 Urging Legislature to Enact PERS Reforms Reducing Pension Costs for Public Employers and Taxpayers, and made several revisions. ADAIR: Moves to approve Resolution 2019-022 as revised DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried • Counsel Doyle brought forward two easements with City of Bend the Board had previously discussed. DEBONE: Moves to approve Document No. 2019-323 and 2019-324 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried BOCC MEETING MAY 22, 2019 PAGE 8 OF 11 EXECUTIVE SESSION: At the time of 4:38 p.m. the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiation. The Board came out of Executive Session at 5:09 p.m. RECESS: At the time of 5:10pm, the Board recessed and reconvened on May 23rd at 10:07a m. OTHER ITEMS (Continued): • The Commissioners agreed to sign the PERS Resolution after several revisions had been made. EXECUTIVE SESSION: At the time of 10:08am the Board went into Executive Session under ORS 192.660 (2) (e) Real Property. The Board came out of Executive Session at 11:44am. OTHER ITEMS (Continued): • County Administrator Anderson mentioned the need to determine the 9-1-1 User Board chair. Commissioner DeBone offered to discuss the position with the current chair. Chair Henderson noted he would like to stay involved on the happenings of the 9-1-1 User Board and requested Commissioner DeBone keep the Commissioners informed. ADAIR: Moves to approve Commissioner DeBone as liaison for 9-1-1 User Board HENDERSON: Second BOCC MEETING MAY 22, 2019 PAGE 9 OF 11 VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried • County Administrator Anderson stated the request from Neighborlmpact to acknowledge that they will apply for and receive the Emergency Solutions Grant. The biennial application requires the County acknowledgement. All commissioners are supportive. ADAIR: Moves to approve Document No. 2019-327 DEBONE: Second VOTE: ADAIR: Yes DEBONE: Yes HENDERSON: Chair votes yes. Motion Carried • Commissioner DeBone proposed sending letters of congratulations to the winners of the La Pine Chamber awards, all Commissioners are supportive. • County Administrator Anderson mentioned a citizen request for a proclamation regarding Apraxia awareness. The Board suggested she present the information during citizen input at a meeting. • County Administrator Anderson provided several updates and items: o Tom O'Shea submitted a letter of interest to serve as the COIC Board member representing Tourism and Industry. All Commissioners in favor. This will be presented as a member appointment for approval on a future consent agenda. o Request for census representatives to share County table space at the Fair, in order to get the word out and promote participation. All Commissioners are supportive. o Public Health Advisory Board requested a joint meeting on June 26. All Commissioners are supportive. o Behavioral Health Advisory Board needs new members and requested a commissioner for the interview panel. Commissioner Adair volunteered and Chair Henderson requested a list of current members. BOCC MEETING MAY 22, 2019 PAGE 10 OF 11 RECESS: At the time of 12:05pm, the Board recessed and reconvened at 12:08pm. EXECUTIVE SESSION: At the time of 12:08pm the Board went into Executive Session under ORS 192.660 (2) (a) Employment. The Board came out of Executive Session at 12:15pm and directed Administrator Anderson to move forward as discussed. Commissioners scheduled two additional executive sessions regarding employee evaluations, under ORS 195.660 (2) (i), for Wednesday May 29th at 8:OOam, and Thursday May 30th at 8:00, to take place in the Penhollow Room. ADJOURN Being no further items to come before the Board, the meeting was adjourned at 12:20p.m. DATED this Day Commissioners. RECORDING SECRETARY BOCC MEETING 2019 for the Deschutes County Board of 1lr PHILIP G. ENDERSON, CHAR PATTI ADAIR, VICE CHAIR ANTHONY DEBONE, COMMISSIONER MAY 22, 2019 PAGE 11 OF 11 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 10:00 AM, WEDNESDAY, MAY 22, 2019 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.deschutes.org/meetings. Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER PLEDGE OF ALLEGIANCE CITIZEN INPUT CONSENT AGENDA 1. Consideration of Board Signature of Purchase Agreement, Document No. 2019-207, and Acceptance of Dedication Deed, Document No. 2019-208 from Redmond Fire and Rescue for Right of Way for the Six Corners Intersection Improvement Project 2. Consideration of Letters Appointing Scott Reich and Stan Turel to the Deschutes County Audit Committee 3. Approval of Legislative Conference Call Minutes of April 2, 2019 4. Approval of Legislative Conference Call Minutes of April 16, 2019 Board of Commissioners BOCC Meeting Agenda of 3 Wednesday, May 22, 2019 Page 1 5. Approval of Legislative Conference Call Minutes of April 30, 2019 ACTION ITEMS 6. 10:10 AM PRESENTATION: Upper Deschutes Watershed Council, Kolleen Miller 7. 10:30 AM Consideration of Signature of a Letter of Support for Planning Division to Apply for a Transportation Growth Management Grant to Update Transportation System Plan - Peter Russell, Senior Planner 8. 11:00 AM PUBLIC HEARING: Appeal of System Development Charge for Tumalo Lavender, Consideration of Board Signature of Order No. 2019-015 - Peter Russell, Senior Planner LUNCH RECESS 9. 1:00 PM DISCUSSION: Stabilization Center - George Conway, Health Services Director 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 of 3 Wednesday, May 22, 2019 Page 2 Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar Meeting dates and times are subject to change. If you have questions, please call (541) 388-6572. Board of Commissioners BOCC Meeting Agenda of 3 Wednesday, May 22, 2019 Page 3 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 Wednesday Meeting of May 22, 2019 DATE: May 15, 2019 FROM: Cody Smith, Road Department, TITLE OF AGENDA ITEM: Consideration of Board Signature of Purchase Agreement, Document No. 2019-207, and Acceptance of Dedication Deed, Document No. 2019-208 from Redmond Fire and Rescue for Right of Way for the Six Corners Intersection Improvement Project RECOMMENDATION & ACTION REQUESTED: Motion for approval of Purchase Agreement, Document No. 2019-207, and Acceptance of Dedication Deed, Document No. 2019-208. BACKGROUND AND POLICY IMPLICATIONS: The Board of County Commissioners authorized Road Department to negotiate with owners of properties impacted by the Six Corners Intersection Improvement project for the acquisition of right of way by Resolution No. 2018-047. During preliminary design of the project, it was determined that a portion of Tax Lot No.1612110001200, owned by Redmond Fire and Rescue (which acquired title as Deschutes County Rural Fire District #1), would be impacted by the Project. Road Department has negotiated with the property owner for right of way acquisition. The property owners has agreed to the following: Instrument: Deed of Dedication Area: 36,182 Square Feet Compensation: $15,240.00 Other Obligations: None Approval of the documents for this file will complete the right of way acquisitions for the Six Corners Intersection Improvement project. FISCAL IMPLICATIONS: County will make payment to the property owner in the amount of $15,240.00, which is included in the Department's FY 2019 Road Capital Improvement Plan budget. ATTENDANCE: Cody Smith, County Engineer (REQUEST CONSENT AGENDA) DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: May 15, 2019 Contractor/Supplier/Consultant Name: Contractor Contact: Department: Road Redmond Fire and Rescue Contractor Phone #: Type of Document: Purchase Agreement Goods and/or Services: Deed of Dedication Background & History: The Board of County Commissioners authorized Road Department to negotiate with owners of properties impacted by the Six Corners Intersection Improvement project for the acquisition of right of way by Resolution No. 2018-047. During preliminary design of the project, it was determined that a portion of Tax Lot No.1612110001200, owned by Redmond Fire and Rescue (which acquired title as Deschutes County Rural Fire District #1), would be impacted by the Project. Road Department has negotiated with the property owner for right of way acquisition. The property owners has agreed to the following: Instrument: Deed of Dedication Area: 36,182 Square Feet Compensation: $15,240.00 Other Obligations: None Approval of the documents for this file will complete the right of way acquisitions for the Six Corners Intersection Improvement project. Agreement Starting Date: Upon signature by all parties Annual Value or Total Payment: $15,240.00 Ending Date: n Insurance Certificate Received check box) Insurance Expiration Date: None Check all that apply: RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) 11 5/15/2019 Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? n Yes n No Is this a Grant Agreement providing revenue to the County? n Yes n No Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: Yes No Contact information for the person responsible for grant compliance: Name: Phone #: Departmental Contact and Title: Department Director Approval: Cody Smith Phone #: X7113 S.-1s-li Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. 2019-207 — Purchase Agreement — record in Commissioner's Journal, return original to Cody Smith at Road Department 2019-208 — Deed of Dedication - record in Deed Records UPON NOTICE FROM ROAD DEPARTMENT, return original to Cody Smith at Road Department Official Review: County Signature Required (check one): • BOCC (if $150,000 or more) — BOARD AGENDA Item ❑ County Administrator (if $25,000 but under $150,000) ❑ Department Director - Health (if under $50,000) ❑ Department Head/Director (if under $25,000) Legal Review Date Document Number 2019-207; 2019-208 5/15/2019 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 Wednesday Meeting of May 22, 2019 DATE: May 13, 2019 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: Consideration of Signature of a Letter of Support for Planning Division to Apply for a Transportation Growth Management Grant to Update Transportation System Plan RECOMMENDATION & ACTION REQUESTED: Sign letter BACKGROUND AND POLICY IMPLICATIONS: The Planning Division, with Road Department assistance, is applying to the ODOT/DLCD Transportation Growth Management (TGM) Program for a grant to update the County's Transportation System Plan (TSP). The TGM Program requires a letter of support from the jurisdiction's governing body. The current TSP was adopted in 2012 and spans 2010-2030. The update would extend the TSP to 2040. FISCAL IMPLICATIONS: The current budget estimate is $150,000. This requires a 12% local match ($18,000), which can be done via in-kind services, cash, or a combination of both. The Road Department has budgeted sufficient funds. ATTENDANCE: Peter Russell, CDD lientega N N z 0 (i) ti 0 0 .(C 0 06 ro bo CO Lon Lec ra0roo 04.0 ro ro w r. ro w tic 0 TSP includes Goals, Policies ESPASE 0 0 Lu S.30 implanting plan escribes funding for ra 4-0 x 0 i 2 is volumes ra 4.1 QJ ODOT did modeling o 40 meetings over 4 years) Extensive public outreach (- o u 03 0 $306 million spread across about t5 w or O D OT/D LC D TGM Grant f Board approves, apply Request grant of approximately $150,000 ?MI 0 roroTo Grant requires line to submi ro 0CNILnBESINE 0 0 r a) E MOM 0 bo tn Lam 0 0 0 ro co 0 Projects completed by September 2022 Update traffic volumes Ln VI 0 2 0 new, new costs '1 (J (,) 1 ra4 *v ®fl ai = i....- Lal r: L - v) r ) 0 ®n f kJ 4-1 1 4-4 0 r 0 NM. c c00ro0 Peter Russe N L 00 m Peter®Russell@deschutes®org 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 Wednesday Meeting of May 22, 2019 DATE: May 10, 2019 FROM: Peter Russell, Community Development, 541-383-6718 TITLE OF AGENDA ITEM: PUBLIC HEARING: Appeal of System Development Charge for Tumalo Lavender, Consideration of Board Signature of Order No. 2019-015 RECOMMENDATION & ACTION REQUESTED: Uphold the Road Department Director's decision of a transportation system development charge of $1,968 for a commercial activity in conjunction with a farm use, aka Tumalo Lavender, approved by Files 247-18-000526-CU/527-SP. STAFF MEMORANDUM TO: Board of County Commissioners FROM: Peter Russell, Senior Transportation Planner DATE: May 13, 2019 HEARING: May 22, 2019 RE: i l_1,'LL.KL 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 22, 2019, at 10 a.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. Previously, staff led a discussion of the topic at a May 21, 2019, Board meeting. 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 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: Paul Blikstad 144 SE Dorrie Court Bend, Oregon 97702 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 in the Multiple Use Agricultural Zone. STAFF COMMENT: 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. STAFF CONTACT: I. APPLICABLE CRITERIA: 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 11 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 e (541) 388-6575 @ c_dd@deschutes .org 0www_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 B59977 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-SP, 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. I 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 8 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 commercial°, 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 following agencies did not respond or had no significant 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 trailers • 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. III. 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 -000527-5P, 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 -000527-5P, 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 Health Care Products Food Products Lavender oil (5 ml, 15 ml, 8 oz., 32 oz., 1 gal.) Lavender floral water (4 oz., 8 oz., 1 gal., 55 gal. 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 lip balm Various flavors of lavender soaps8 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 tea9 Herbs de Provence Seasoning & Rub Lavender Gourmet Lemon Pepper Lavender Scone Mix Lavender Lemon Pound Cake Mix Lavender Rosemary Foccacia Bread Lavender felly Miscellaneous Products Lavender Dryer Bags Large Lavender Dryer Bags Mini Lavender Bouquets Small Wedding Sachet White Organza Bag Rosebud Wedding Favor Wedding Lavender Toss Bags 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 use11. 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-SP, 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. 92 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 "fa rm 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.merriarn- 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 -000527-5P, 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 660-013-00701 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. (ORS 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 loss 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- 013-00801 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 55 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-SP, 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 genera!, 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. General 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 • Hi • h level of worker activi 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-SP, 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(6). Staff incorporates herein by reference the staff findings provided under DCC 18.128.025(8), 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. 247 -18 -000526 -CU and -000527-SP, Revised Page 27 of 44 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-SP, Revised Page 30 of 44 C. NonmotorizedAccess. 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 connections19. 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. 19 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 -SP. 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 2° 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 rhe 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-SP, 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 Tess than 5,000 square feet in size. No loading berth is required. 247 -18 -000526 -CU and -000527-5P, Revised Page 34 of 44 C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. D. Number of Spaces Required. Off-street parking shall be provided as follows: 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 21 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. 11. The proposed use generates less than 50 vehicle trips per day. 247 -18 -000526 -CU and -000527-5P, 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. VL DECISION: APPROVAL, subject to the following conditions of approval. 247 -18 -000526 -CU and -000527-SP, Revised Page 41 of 44 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 -000527-5P, 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-SP, 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 Peter Gutowsky, Planning Manager 247 -18 -000526 -CU and -000527-SP, Revised Page 44 of 44 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.doty@deschutes.org 541.322.7105 cc: Peter Russell, DC Senior Transportation Planner 61150 SE 27th Street Bend, Oregon 97702 (541) 388-6581 road@deschutes.org www.deschutes.org l/�,�.�% 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 501 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 caFendar 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. • 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. a0,2de?4.: /3, 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 X1 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 1 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 I2 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) (N) (0) (P) (Q) "Multi -family housing" shall mean attached residential dwelling units. "Occupancy Permit" shall mean an official document or certificate authorizing the occupation or use of any building or improvement authorized by a building permit. "Owner" shall mean the person holding legal title to the real property upon which development is to occur. "Person" shall mean an individual, a corporation, including without limitation, limited liability corporation, a partnership, an incorporated association, or any other similar entity. "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: (a) a study supported by a data base adequate for the conclusions contained in such study; 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. 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. (5) 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. (3) (b) (c) (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: 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) The County may grant a credit against the improvement development charges imposed pursuant to this Resolution for public improvement. Prior to issuance of a development permit, the applicant shall plan and estimate of cost for the applicant to construct improvements. The proposed plan and estimate shall include: (1) fee portion, if any, of system the construction of any qualified submit to the County a proposed one or more qualified public a designation of the development project for which the proposed plan is being submitted; (2) 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; (3) 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. (1-1) 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. 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; (J) 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) (2) (3) The name and address of the citizen or other interested person challenging the expenditure; The amount of expenditure, the project, payee or purpose, and the approximate date on which it was made; and 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. (B) 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 whole or 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 J4/4 --day of Cv> ,+~. , 2013. AI I EST: (15 -14 -6A -- 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, Coma 'ssioner tES ihtza BOARD OF COMMISSIONERS' MEETING Subject: REQUEST TO SPEAK Citizen Input or Testimony 17'11( Oj E R 5 2-e sblc,cl car, Agenda Item Number: Z..b+ck Name Address Phone #s Date: 5/22. r -76(p (1 Yrle/Ire s.+ (6cod 64_ 9-770Z E-mail address £-cod .ad,i4c4 1)'0d' O j m6 f, :o in In Favor of Application Neutral/Undecided Opposed to Application Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. Yes ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS w� �{ BOARD OF COMMISSIONERSMEETING o /moi REQUEST TO SPEAK Agenda Item Number: Name a J . Address Phone #s E-mail address C ( A► C 1,41 In Favor of Application Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS Subject: BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony S v is L (a (t-ei - _ Date: S 23 20 Cc, Agenda Item Number: 3 Name a (,t . Address LJ Phone #s E-mail address In Favor of Application Neutral/Undecided VII Opposed to Application Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS BOARD OF COMMISSIONERS' MEETING REQUEST TO SPEAK Citizen Input or Testimony Subject: '&ie4o[tnN c Agenda Item Number: Name Date: 5/7 Z Ykr( Address \777A ni v Q0 --(U\\ OQ, t 110 Phone #s `5W 6\3 ti E-mail address V C ` f -t 1 X . ( DN\ In Favor of Application Neutral/Undecided Opposed to Application Are you submitting written documents as part of testimony? If so, please give a copy to the Recording Secretary for the record. Yes ** SUBMIT TO RECORDING SECRETARY BEFORE MEETING BEGINS 247-18-000526-CU/527-SP Tumalo Lavender SDC Appeal .. • -anth.sar Gepgraphics, CNES/Airbus nd the 1S User Community.; SDCs assessed on other commercial activities in conjunction with a farm use CU -O9-37, livestock feed and sales, 3861 NW Canal Blvd, No SDC* CU -13-31/5P-13-18, 65875 Cline Falls Hwy, up to 3 horse shows, No SDC** CU-14-7/LM-14-28, 7566 NW Hwy 97, alpaca products and incidental wares, $15,032 15-192-CU/15-193-SP, 70955 NW Lower Bridge Way, market and process farm products, $3,758 15 -472 -MC, 4626 SW Quarry, sale of hay, feed, and accessory items, $3,852 18-526-CU/527-SP; 19825 Connarn Road, lavender processing and sales, $1,968 19-211-CU/19-212-LUP, guest ranch + agri-tourism/commercial events, 15425 McKenzie Hwy, $16,540 *At the time, a building permit was required to trigger SDCs under BOCC Resolution 2008-n5q; theBoard added ..the _��n�.,.,�,.._a�.._.. _ _ ,.�... -, .,,.. language that an SDC is triggered when a new "...building permit or a development permit is required..." to Applicability Section 4(A) in Board Resolution 2013-020. **The Road Department and piann�n�. do �..�. assess Planning not assess SDCs for temporary uses as they do not continually consume road capacity like a permanent use does. Includes card readers for acces 1lx7 }}els aanaas NV1dHOOId a3SOdOId Od siOJuwoiJoJoa.dobuuo (wood )leaa8) b m (6LZ cuooa uouezipgelS) 1 ma (6ZZ uaooj uo4ezwge1S) Z M A PUBLIC EMPLOYEES RETIREMENT SYSTEM 1 c c O ( C O c 4) (6 O U d) 4J W (1) O (I) E c E gr_sc5 0 Y) O (0 E U i U> O�03 >� .o cn 03 —) 0 O 131 To Q. 4� V 0 0 414toV a. 70 stga V Highlighted Concepts Indiividual Account Program Redirect (13 T 2 LIE 0 O 4) a 0 L i= (a.9 c N 00 c L L O i= ( 0 N� C O O .1.7 4J E 0 - (0 aQ UU Change to Final Average Salary Limit • in V � R 0. 0. E E Cumulative Actuaria PERS Administrative Assumptions (5 i (a 3 V Q Unless otherwise noted all calculations are based on: Current Assumed Rate of Return of 7.2% . • . a) O 4- p a) N a) O 0 D O r 4a) E .(0 4-4 0 (0 D (0(1)0 a E W ro0 .E O 0 w a) -4O-+ z cn a W a. O N (0 N a) r a) D (0n 0 (0 TO > rn O N 0) C CO a) aa)) .Q 2 a) � U om L 44 0 (,) ta. ci o QO 4 < 0.. 'i 4 u (0 0 Q .� _ �' �' O U 15 W o ° tan, ® X +� L >, Oin 0_ c6 U c ® �i�''N 0 f 1— 22 Cie D >, • Q I.n .= O .. o O w U (u <, -' W E O Q >> o- o- O O O- Q ta cv > O >� w w co 4--i +, U woo U >, X -N -�-, V 61- 0 �± 4 ape42 00 d -O tii TO 0. c -e3 �ENOou(1,D o > Q D In 45 °i �(n r o N_0 -a a) 0- a,O a) o O 4'I�7�i- 7300 O w O 4= 4-' O1' .V) 0 E O 0U a) C a c0 5 o c n] 3ro W U V D U ® �` > X O „, 2, fj +a 0 '5 +E1 T3 I n„ i: : 0 2 0 a) ..... 2 (,)„, (Do (,,,,, +_, 0 > 0 (f) a) (1 0 a 69. . .t. 4- a) •— 0 V . • • c contribution ✓ O -0 7 O (I) 4) .5 1. - N L 2 4) j' CD E 00 >N 45 o 0 o Ii 4) V Q U E cz - y- 4) 4) � O _cc (C N a) co o 6 O nE l -Z U O 0 o+, �, V o O O. (1) E o a *, - +▪ J .� c _ O 2 W O - 3 9- D 2 E O p(r 4) W N o v ✓ a 03 _0 ✓ ++ (I) +') O (1) Q )c>,o cc 4) r O to • '� c L_'§ �) lai, < .(7 tif < (0 E a) .= o a) ._ c o 0 w aow2 Ew •— V t c Actuarial Impact "I 0N • • 0- 0- 4-0 c) co From OPSRP* ,o C,) If) • CO CO Ci Ci • C; OQQQQO • (/) N N N 0 0 0 N N N „..t. A ▪ N N o o N (NN 2025-2027 2027-2029 CL (/) CL -cs a) 0 g z5 E u) 112 c .t.1 D- C o • .c • 0 0 (n 0 a) .0 16 03 L eu eL a) Tz EEcc E w • ..,(1) 2 • 1.>, CU) (13 EC 00 Q. 0 +-et rs C 0 re o f.12 U) .5 -0 0Q t 0 a) a) c t:ta 15.c C 53 (1) ru2 E E > o 'e(-";)7 E ti (u 2 C >., — o C C T.3 " 0 4- 0 (0 o (1) If 9 w LOE_ o 1:D'I a) as 4"' > 0 = ra (I) -C (1) -C1 (1) 0 73 .0 0 2 -5 c • )L/2 t 2 la sa 8 E E (1) 0.) a) 0- a) cEEH Tier One & Tier Two UAL Amortization ntent (Effective on passage) Reamortize the Tier One & Tier Two Unfunded Actuarial (UAL) over 22 years for the December 31, 2019 a) -4_, 4) p U _a O 0 E E 73 *L7 o a O 0 m c 03) U 0 >' a) 4)• , Co ▪ Lij (0N 0 4- O L_ a +, O O O O 73 D 0 3 E (3 O NN Q a) oE O v) N 0 .7- W E-- U Q > a 4) v9 E Qp o (0 c6 .� (0 = D C 06 �a_ 2 �°�(0 ca Q"�Q� CD _ 1_ a) (1) O +� a) -- S _D U N a) > U _I > 20a_ (0co 2 c _a (6 0 Vi L N a) a) o ° 0 2 -§ '5 -44-= a_ 15 a) cU,.— E _, , <c c n a pU°�O � N _J-0CI— J i— ro Q a) `° (I)p D ®N i= 0 N a (j) r . E D a) O Q•— U a) 0 06 (1) ii-- M ®S +� to O . ® . C ~ c , ~_a i=® V a)U rc m vii...c 4-_- - O �->' 4-) O (0 .4_, D - oa E ▪ 0) 0 N N R+, +-1_, o f® . L � � flaw 0 *.a Vj u .N.• c a Ea •.67• a) ct ntent (Effective January 1, 2020) to ti w a O 0 -,- o O +� E a- a) 0 W -c 0_ ' O o v) • •E m ..) 45 4) o E • a) ro0 -4--J = C W 03O - Q. (0 Q� O � szu -o 4D o - a) w c O -0 c -3 o O 0 0 .,- L�, w 1 >'O Ou Q (i) W� • 4, c D 0 N �> O2 N > O 0 N U O .() G) L L N O L -0 O C 36 UIn N �O � N � N 4) R3 > • c V 03 4) c W o • 0 1 410). N C:) LC) CO CO CO CO CO 0) CO 1.9) 69 NMI c?)ot N Lf) CO N 0 69- 69- N oo cc:00 ke 69. Estimated Rate Equivalent of P N-0 © 0 Lc, 6 7) 6 o 0 --- 11) N CO CO r---- 0 0 69. CO 0 0 69 oo 0 0 c.1 ..., 0 , k,. , (0 U' 0 ( 6 CN N 0" 0U.) N .9 0 Q 14.) -71- 0 a) csl 06 0 co co Q. cY) 0 N N 7r C) 0 (-) 0 - -`--.% - CO N 69 a) ,-. CO CD -.5) 4... rs) 00-. 4..., 6 0 co Lr-, 0 (.) -.- 7-- , CE9- rs\I z----. . c‘i 3, a) 0) © .:::. . a3 0 .4) (NI c,,- eL E 7 6 0 r-- 9- o c N — z -ti ,q) 0 0 -0 tuj c (o e- 23 CI) ; (.) 13 r-- c 17 •., sn c a" c 0 > ,0' 4."'"" ,-- " a) = _ 0 ,a)ci: 92 (..) m li x iii (0 w X ro �i Via; 5 ,_ a) l_4_ _ mac°'' 0 CED" X0073 O N0 0 y- c(0C-Fci�(0 20 < _a (-) c (13 r,ww IX 4-, D D U C745 •- OEu .1.J 2 jOcD 0_ >(0 L W C 0 04) - � C V odo,DAvco (0 — `)2'0O W -1-1W4' a� •— V z u�cc 4:0 4-0 milii D� wt C a O C 0 . • . CD 1 Will also apply to Full Formula+Annuity benefit Current rate is 7.20% - Proposed rate is 3.60% E t) X4.1 >11 1 . = Ca Ocu X * (7) CV) CO CU 0) 1m 0- fa.) cv (L) ..), E 2 __, c,,_ 0 .,._ (0 ._ ct$ � 0) d CCCO 003 C I– ✓ O IDu, .— L 3 40 RI oa) 2 - — *— U .2 -.1C —in IL 01 .C.: 11 ..ED co 4, a (O CC▪ O a EC 4w 0 00 1._ 0 ch Benefit Factor 4 1) ce ao E Ce LI▪ D rzo▪ i CO C) 3.60% Annuitiz w EE 4,4 q) 0 0 a cb o d W r og tn 81 i c ntent (Operative January 2, 2021) c 0 +, a) (I) c O- D E a) 4) -0 O c� 0 a 03 0 0)0 >1" c6 > •L _ (0 O c6,C U ti (1) CD `6U O V 0-1)(6 o o . aao as LL . � 06 oc 00 $195,000 limit would be indexed on a yearly basis (0 '03 .0 -0 U) E1) a) 8 (.) a) 0 2 el CD 0.) ....c (D ...-. .. (I3 ki- 4.0 0 4= 1 (r) ) co u) (I) ,..., a a)) u >a) 41 CD s— co E rt3 0) (.0 C E co a) c7; > c\I (-) a) .1•17 ria 0 ccs > C Q. • E o r a) o o) 4 - CV (0 0 —a) (13 ,.... . —, c..) a) CO • _ 1= 4.0 (13 0 = 9.) a) a) 0 NC < H c1.5 co cr) 0 1— (i) 0 Cumulative Actuarial Impact Contribution Rate Impact U) 0 0 E8 (1) — - z., , ,0 -...c -..i '.. ..: -) . - (5 (9)6C') 0 0 0 1 4-7t CA0CCO E .N-$- . '.'.Q) (\I 3 ' C 6 Cj . 0 (I) 0 4-- 0 0 ."--, ,,--, ,--, ---, .--.- 0 -, 0 0 0 0 ---, 0 E L._ Q3 ''''-'- 05 (1) e...., (1) (6 a) (a) 2- E a) ..o .... ., el c) .1- 0) co a) o `-' . 4 a) i -4', T. 't cz; 46 cri 6 (0 .1:: 14,1 0 c- (L) Q z , (1.)° 0 :------` ,q) L 0 0 (10 03 rcs 'Ill 0 0 (i) 0 -c) 0 L. L.. ....., L. . a) 175 .CO ea 4:.- -Q cy, c, (') 0 ,,,,..._„, ,..e, --,0 -...0 '--,-; 0 (15 — Q. 0 •- 0 0 0 q.3.-,... ty, (LI 0 0 (-4 0 (D 0 :.-- •,.. (i) ..._. CA 0 0 0 0 \-- (1) (f) 4-- *0 (-) 0.) Q.) - 0 Q),c)--" ct$ (C3 C *4'.-- a) n, Q3 C. 0... 0 0) (:1 L- ci) — 46 •• -.. E , . . . . ,E 1 ":'-(4 . - . '4- 3 C3 9.; 43 o a) a) Zjj .2 Q) ....... 1-... '4 (y) .., --E., ..z 0 (1) S2 14-) L. CO :t3 tj CI3 4,._ N--. N-- -0 (11) L.... 0) 0.. L. r,-- L. L.-- "t3 ci (D (..› 0 a) (\.I C \I 0 Q.) o 73 .4'' L. C -13 Q1 a) (\i C\I q) c\i >< 0) 0). • — CD C 0 --- tt...- 0 (0 kt.L= :Z.,.; (0 .2. (D Cr C) (1) 00 4:1) -C3 "0 0 c., c\I -Q .----.z: (1) :4) -0 -cs (0 13 ,.z :E.- 1-41) v)Z a) 4a) (i) a) 0 , a) 0 0 (13 0 45 0 CO (0 0) M ,...., ' -""..— i:: Q E ' g 2 4-.E --cz(L5 L. 8 - , 11; ,,5 (0 c,.. ..,_. 0 . ff). (1) 0 0 (1) L.0 .z (i) —(1) 0 t, ;92 c\i r) › 4-4-; 0 4.-. ... 0 41'2 . L. 0 Ili 2.) 49.if5a(1-) - 0 O L.. 0 0 a) ..---- F— <OLiiQ0I< Estimated 12/31/2019 Pension Valuation Results 3 tn N CDo c O C.3 49• C • CD O. ck Q% V • CO 0 . .. .. ).03 0a 0L„ 0 ti0 Rf 0 G5 Q?w L u7 >E , — U.1C N 3 E E • CO MI NW oz e0 • CD V -1—+ ,� aY E cu y > 4.6 ✓ Ons 411 3 U Contri +7.20% Actual Annual Future Return 8.9 K ) c'J 0 rig N d (Qy C v 01)tO M o N N .�M M O 0 Neq 0 N N iD n Ncw ('4 h- 0 N O N n o N N 0 0N O N C0 O N O J d wF V Q V :67• 7 V Projected System Funded Status (Excluding Side Accounts) 6 c 0 .4- 0 v 0 v� 0 >-Q 7,4 L cbE47 C (0) 0 tQ 4 4-� System Average Funded Status (Excluding Side Accounts) +7.20% Actual Annual Future Return Legislative Change Concepts O C� Q Cumulative Actuaria +7.20% Actual Annual Future Return a. 0 " 0 in LL()C•1) Cs1 P- to 01 (r) 4.0 (f) SUOMI(' 4.0 -o () Q U C) I c a — a C O O W O O.g� O•tn a •E tf c w c o '> U E 8 �' 0 a)U � Q 4J E E c O a) C E E E:4 Q—- D7 c V) +.J (0 -6 -5 E '§ .(7) *- c V (001 L_ U U •g- 01 x 0) u CI Mc O • co ° -0 c 4) x E � >' O ° 1-( AN L > ▪ . :2 0 a- -6. E a. > (0 -C _ (U ›N (1) (0 w 4) r Q c (0 •§: 0 W w a) E Q O w L -+� 4) U tO, 4-) --' — . 4..r .- Oc • N ▪ 0) T V) to ) O +-) > w Q U 0. U •U E 2 +_)(1:3 .� To (,)� 4_, to �-E QJWHCEuEEDE Q W°Oo D tn cQ cn a . . . u QU U c6 < IX O U U • • • • • W a Resources Additiona 4- (0 V CO 0 N (0 N 'L (1) E Q •V n3 � C C :F,, v) LL E a i 4-, G) 470 (f) OU >+.c� 4_ 1- 1._ 0 (I) 1._O(I) O Csio> vet o N • w 'i E sL a1) V V O 13C C Q .-., • sil O a) (1) O) 4— — N 4- a) c a) U) V Q 03 o o E N a) 4 J V O cn "� a) 0.c D O i - > U) 0 .0 O Z O . E 4_, i . iI 4- the -Numbers nformation/PERS ers/Documents/Gener O es/index.as a a) Z O tp au 0 cr) PUBLIC EMPLOYEES RETIREMENT SYSTEM Thank You a) 0 zc. 0 W 0